HomeMy WebLinkAbout FULL PACKET_2011-09-19MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 6, 2011
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor (5:36 p.m.)
CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:36
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (5:36 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
Quorum was established thru presence of Councilmembers Bustamante, Benavides,
Martinez, and Sarmiento.
Motion made by Councilmember Benavides, seconded by Councilmember Sarmiento to
elect Councilmember Bustamante Chair (pursuant to SAMC 2-101 due to unavailability
of Mayor and Mayor Pro Tem).
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento
(4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Pulido, Tinajero (3)
CITY COUNCIL MINUTES 1 0A11 SEPTEMBER 6, 2011
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion.
CLOSED SESSION ITEMS
1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Personnel Services Executive Director,
Kathie Gonzalez
Employee Organizations: Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association
(PMA)
Santa Ana Firemen's Benevolent Association
(FBA)
Santa Ana Fire Management Association
(FMA)
Service Employees' International Union
(SEIU) Full-Time Employees
Service Employees' International Union
(SEIU) Part-time Civil Service Employees
Confidential Association of Santa Ana
(CASA)
Santa Ana Management Association (SAMA)
Agency Negotiator: Interim City Manager, Paul M. Walters
Employee Organizations: Executive Management (EM)
*Mayor Pulido arrived at 5:36 p.m. and assumed the Chair.
1B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:02 P.M. AND CONVENED TO
THE ADJOURNED REGULAR OPEN MEETING
CITY COUNCIL MINUTES 1 OA-2 SEPTEMBER 6, 2011
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
BEAR SUMMERS, Police Chaplain
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE
25 YEARS OF SERVICE
30 YEARS OF SERVICE
Kendall L. Witt, Police Sergeant, Police
Department
Arthur G. Armenta Jr., Receptionist, Community
Development Agency
Mark J. Kiss, Video Technician, Police
Department
Keene Aguilar, Equipment Operator, Public
Works Agency
CITY COUNCIL MINUTES 104-3 SEPTEMBER 6, 2011
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Santa Ana students Harvey Contreras, Maximino Hernandez, Mateo Ramirez and
Vincent Tinajero for being selected to play on the Titan Youth Travel Team.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Santa Ana students Danyelle Espinoza, Brenda Medina and Alejandra E. Morales, who
played with the fast-pitch softball team, Firecrackers 98 out of Chino, and won the 2011
USA/ASA 12U Nationals Championship held in Montgomery, Alabama the week of July
31-August 7, 2011.
SPECIAL PRESENTATION presented plaques to the City of Santa Ana for Santa
Ana/SCE Energy Partnership and in recognition of Southern California Edison's 125th
anniversary by Eddie Marquez, Region Manager, Southern California Edison.
CLOSED SESSION REPORT - See Item 19A.
AGENDA ITEM TAKEN OUT OF ORDER - ORDINANCES/FIRST READING
50A ORDINANCE TO COMPLY WITH AND PARTICIPATE IN VOLUNTARY
REDEVELOPMENT PROGRAM PER PART 1.9 OF DIVISION 24 OF
CALIFORNIA HEALTH & SAFETY CODE - Community Development
Agency
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. 2823 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA, CALIFORNIA, DETERMINING IT WILL
COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT
PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT
THE CONTINUED EXISTENCE AND OPERATION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 1 O/'" -A SEPTEMBER 6, 2011
PUBLIC COMMENT
• Bill Stotts, requested assistance in resolving issues related to residential parking
permits on Ross Street.
• Julie Stroud, commented on past actions and comments by Mayor Pro Tem and
asked for her to step down.
• Theodore Hirsch (addressed the City Council in Spanish), commented on cultural
and economic needs of some members of the community; opined on passage rate
of PBID; and applauded Mayor Pro Tem.
• James Kendrick, spoke in support of PBID; need to keep assessment and vision of
Downtown; resolution needed on misconduct by Mayor Pro Tem.
• Ralph Allen, opined that PBID illegally established; re-boundary not sufficient; urged
for disestablishment.
• Jose Ceballos, spoke in opposition to PBID and thanked Mayor Pro Tem for support
received of Downtown merchants.
• Joey Mendes, local business owner and resident spoke in support of PBID; safety
and security improved through PBID assessment; concerned with racial comments
made at the August 24, 2011 City Council meeting; leaders need to remain united to
improve and renovate City.
• John Raya, TKO Youth Boxing Club, commented on recent success of Club,
including: scholarships provided to Irving Salmeron and Brenda Balleza; youth sent
to boxing camp in Kansas City, two returned with Gold medals, Alexis Rocha won
the National Title in his weight division and Efrain Perraza also won 1St Place;
Robbie Munoz, former scholarship winner, now serving as congressional aide;
September 30, 2011 Luis Ramos, Ronnie Rios, and Jose Sanchez holding boxing
match at the Hanger in Orange County Fairgrounds.
• Albert Castillo, commented on City budget deficit; concerned with recent article on
City employee compensation amounts, Downtown Inc. Executive Director salary
figure, business practice by downtown property owner, and repairs of Yost Theater
should have been completed within a year and must include cultural events at
facility; opined that Fiesta Market Place partnership established with Latino
representatives; and opined that Downtown property owner greed should also be
apologized for.
• George Mendoza, thanked Downtown property owner for assistance received in
establishing barbershop; expressed support of PBID.
• Sam Romero, opined that PBID not assisting businesses equally; should include
assistance to family-friendly businesses; Downtown merchants presented flowers
and baskets of fruit to Mayor Pro Tem for appreciation and support.
• Robert Nothoff, OCCORD representative; commented on need for accountability,
participation, and transparency in PBID process; urged Council to disestablish PBID
and develop new assessment, include process for disestablishment.
• Mike Tardiff, read segments of Santa Ana Code of Conduct and Ethics; opined that
portions violated by Mayor Pro Tem; need accountability.
• Yvonne Lujan, commented on an issue in her neighborhood in the 1800 block of
West 3`d Street that has not been resolved.
• Sean Coolidge, noted improvements in the Downtown area and credited PBID for
safer, cleaner environment.
CITY COUNCIL MINUTES 1 o/'" -5 SEPTEMBER 6, 2011
• Stanley Fiala, challenged legality of Agenda Item 85A.
• David Brandt, former Santa Ana councilmember, opined that Mayor Pro Tern had
violated Santa Ana Code of Conduct and Ethics and tenet of politics.
• Chad Barker, also opined that Mayor Pro Tern violated Code of Conduct; called for
title to be taken away and resignation from Office.
• Rob Cook, support actions on Agenda Item 85A; urged the City Council to vote on
the 5 suggested items listed on Agenda Item 85A separately, residents have the
right to know where City Council stand on each item.
• Claudia Arellanes, presented gift and baskets to Mayor Pro Tern for support of
Downtown businesses; opined that business success require change, but not
obligatory; suggested that PBID be voluntary assessment.
• Nina Jun, appreciates Mayor Pro Tern's support; opposed to PBID and process used
to form assessment district; thanked Councilmembers Tinjaero and Martinez for
meeting with merchants.
• Robert Escalante, deferred comments and time to Herb Rose.
• Herb Rose, supports Mayor Pro Tem and opined that comments made by her at the
August 24, 2011 City Council meeting were not anti-semitic; commented on efforts
by Mayor Pro Tern to analyze Downtown Inc. procedures.
• George Collins, suggested sensitivity training be provided in light of Mayor Pro Tern
comments made at the August 24, 2011 City Council meeting.
• Francisco Barragan, opined that PBID established unconstitutionally and should be
disestablished; dissatisfied with efforts made to apologize to Jewish community,
accountability lacking.
• Fina Chaves, supports Mayor Pro Tern and should remain in position; opposed to
PBID; concerned with economy and effect on businesses.
• Archer Altstaetter, supports Mayor Pro Tern's resignation from the City Council.
• Tom Smolley, supports all 5 suggestions listed on Agenda Item 85A; Santa Ana
Code of Conduct and Ethics violated.
• Dave Hoen, opined that Mayor Pro Tern violated 5 core values listed in the Code of
Conduct and Ethics; thanked Councilmembers Benavides and Bustamante for
adding Agenda Item 85A for City Council consideration; supports all 5 items listed.
• Darren Shippen, apologized to the Chase Family and Jewish community for
comments made at the last City Council meeting; thanked Councilmembers for
adding Agenda Item 85A to the Agenda.
• Won Cha, opposed to PBID.
• Nestor Medrano, opined that Agenda Item 85A unfair; other City Councilmembers
have violated code and have not been admonished; opined that PBID established
improperly.
• Joey Say, thanked Mayor Pro Tern for support; has dealt with many displaced
businesses in the Downtown area;
• Shahram Makhani, congratulating Mayor Pro Tern for supporting businesses in the
Downtown; opposed to PBID; urged City Council to focus on issue of taxation.
• Claudio Gallegos, concerned with PBID and formation process, but issue tonight is
comments made by Mayor Pro Tern in the past.
• Miguel Mondragon, urged City Council to focus on issues; public officials should
comply with all Codes.
CITY COUNCIL MINUTES 1 0A-V SEPTEMBER 6, 2011
• Ramon Becerra (addressed the City Council in Spanish), spoke in support of Mayor
Pro Tem; opined that she was voted into Office and only voters have right to
remove.
• Juan Alvarez (addressed the City Council in Spanish), requested assistance in
solving problem with neighbor; would like to avoid confrontation.
• Desi Reyes, spoke in opposition to Mayor Pro Tem, offended by comments and
actions made in the past; urged the City Council to remove her title and appointed
positions.
• Ernesto Figueroa, spoke in support of Mayor Pro Tem; noted that many groups
discriminated in the past, but urged all to forgive and move forward.
AGENDA ITEM TAKEN OUT OF ORDER - CITY COUNCIL AGENDA ITEM
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place
items on the City Council Agenda to be considered by the City Council.
85A CONSIDER POTENTIAL VIOLATION OF THE SANTA ANA CODE OF
ETHICS AND CONDUCT BY COUNCILMEMBER AND TAKE REMEDIAL
ACTIONS RELATED THERETO (COUNCILMEMBERS BENAVIDES AND
BUSTAMANTE)
The following actions may be considered on the floor and include:
1. Ask for resignation from the City Council.
2. Remove from the Mayor Pro Tern position.
3. Remove from the Public Safety Committee.
4. Remove from the Orange County Water Board.
5. Condemnation of comment made by Councilmember.
Council discussion ensued. Mayor Pulido commented on community
support and great strides made throughout the City; also noted that
Mayor Pro Tern would like to address the matter first. Mayor Pro Tern
read Official Statement of apology that included efforts made to rectify
matter. She apologized and said that she did not intend to insult anyone;
has requested that a mediator be brought in to reach out and meet with
Chase family and Anti-Defamation League (ADL); willing to rectify
matter; apologized to Downtown merchants for distraction; has received
support from community and family and urged all to move forward.
Motion by Councilmember Benavides, Seconded by Councilmember
Bustamante to take action on Item #2 to remove councilmember from
the Mayor Pro Tern position, and Item #5 to hereby issue strong
disapproval and condemn comments made by councilmember Alvarez
during the meeting of August 24, 2011 where she referenced the
business practices of downtown property owners Irving and Ryan Chase
as quote "ethnic cleansing" and compared Irving Chase to Adolf Hitler.
Ci r r COUNCIL MINUTES 7 SEPTEMBER 6, 2011
1 0A-7
Councilmember Benavides noted reasons for support of Items 2 and 5;
Item 1 should be voter initiated; Item 3 only if Orange County Water
Board District removed from Chairmanship role; Item 4 is an
appointment at the discretion of the Mayor.
Councilmember Bustamante concurred with Councilmember Benavides;
not a PBID issue; thanked Mayor Pro Tern for sincere apology, but
support motion because he believes comments violate the Code of
Conduct and Ethics; request support for motion.
Councilmember Sarmiento thanked residents for comments; offered
substitute motion to only consider item #5 - Condemnation of comment
made by Mayor Pro Tern and to solicit the Human Relations Commission
to provide an Open Forum/Town Hall meeting regarding race relations,
tolerance, and civility; motion seconded by Mayor Pulido. Opined that
motion is proportional to violation.
Councilmember Tinajero apologized to all offended by comments made
at previous City Council Meeting; does not agree with charges made
about Mr. Chase; believe in redemption; and supports progress of
Downtown.
Councilmember Martinez, supports the Chase Family; accepts Mayor
Pro Tern's apology; urged all to work together for the betterment of the
community and be more tolerant.
Mayor Pulido, accepts apology by Mayor Pro Tem; City Council to focus
on City budget deficit; pledged to work with Jewish community along with
Mayor Pro Tern to improve relationships.
SUBSTITUTE MOTION: Condemnation of comment made by Mayor
Pro Tern (at the August 24, 2011 City Council Meeting) and solicit
the Human Relations Commission to provide an Open Forum/Town
Hall meeting regarding race relations, tolerance, and civility.
MOTION: Sarmiento SECOND: Pulido
VOTE: AYES: Alvarez, Pulido, Sarmiento, Tinajero (4)
NOES: Benavides, Bustamante, Martinez (3)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 1 0 $ _8 SEPTEMBER 6, 2011
COUNCIL RECESSED at 9:42 p.m. and reconvened at 9:52 p.m. with Martinez and
Tinajero absent.
AGENDA ITEM TAKEN OUT OF ORDER - RESOLUTIONS
55A RESOLUTIONS - HUD COMMUNITY CHALLENGE GRANT AND
PEPPERDINE UNIVERSITY COMMUNITY ENGAGEMENT GRANT
APPLICATIONS - Planning and Building Agency
MOTION: Adopt resolutions.
1. RESOLUTION NO. 2011-057 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) SUSTAINABLE
COMMUNITIES - COMMUNITY CHALLENGE GRANT (CFDA #
14.704)
2. RESOLUTION NO. 2011-058 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE PEPPERDINE
UNIVERSITY DAVENPORT INSTITUTE 2011 COMMUNITY
ENGAGEMENT GRANT
MOTION: Bustamante SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido,
Sarmiento (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Tinajero (2)
Councilmembers Martinez and Tinajero joined the meeting at 9:53 p.m.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25G with the
following modifications:
• Mayor Pro Tern Alvarez voted "No" on item 19C.
CITY COUNCIL MINUTES 9 SEPTEMBER 6, 2011
1 0A-9
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for. ara e.ention or modified are highlighted. Separate action
?s,f aw
the actual vote --',!terns without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL HELD ON AUGUST 24, 2011
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - Nothing to Report.
19B EXCUSED ABSENCES - None
19C DESTRUCTION OF RECORDS - City Manager's Office and Parks,
Recreation and Community Services Agency
MOTION: Approve the requests for the destruction of obsolete
records from various City departments in accordance with the
retention schedule outlined in City Council Resolution 2006-045.
*Mayor Pro Tern Alvarez voted "No" on Item 19C.
19D QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER - Finance & Management Services
CITY COUNCIL MINUTES 10 SEPTEMBER 6, 2011
1 0A-10
MOTION: Receive and file the Quarterly Report of Contracts entered
into between January 1, 2011 to March 31, 2011 and April 1, 2011 to
June 30, 2011, valued at $25,000 and less.
19E QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES - Community Development Agency
MOTION: Receive and file.
19F REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR
A NEW PARKING STRUCTURE AT MATER DEI HIGH SCHOOL -
Planning and Building Agency
MOTION: Authorize the Planning and Building Agency to send a
Request for Proposals to qualified consulting firms to provide
environmental services for a new parking structure at Mater Dei High
School located at 1202 West Edinger Avenue.
19G REQUEST FOR PROPOSALS FOR PROVIDING EVENT PRODUCTION
SERVICES - Parks, Recreation & Community Services Agency
MOTION: Authorize the Parks, Recreation and Community Services
Agency to issue a Request for Proposals (RFP) to qualified
companies to provide event production services for the City of Santa
Ana.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT AND AGREEMENT - PLAN CHECK
SERVICES - Planning and Building Agency
MOTION:
AGMT NOS. 2011-206 & 2011-207 - With Scott Fazekas &
Associates, Inc. and Century Structural Engineering Co., Inc. in
an aggregate amount not to exceed $300,000.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
CITY COUNCIL MINUTES 11 SEPTEMBER 6, 2011
1 0A-11
APPROPRIATION ADJUSTMENT NO. 2012-044 - Recognizing
aggregate total amounts not to exceed 300,000 in the 2011-2012 FY
revenue account for building plan check and appropriating various
amounts not to exceed $300,000 to the Planning and Building Agency
2011-2012 FY budget allocation in the account for contractual services
for payments to the consultants contracted to complete building plan
check of various projects.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22E)
22A SPEC. NO. 08-023 - FIRE HOSE - Renew the contract with L.N. Curtis &
Sons for the purchase of fire hose for a one-year period in an annual
amount not to exceed $36,000, and increase the aggregate limit by
$25,000 for miscellaneous supplies for the Fire Department in an annual
amount not to exceed $61,000 (Fire Department) - Finance &
Management Services
22B SPEC. NO. 11-042 - ON-CALL SEWER REPAIR SERVICES - Award a
contract to Dominguez General Engineering, Inc. for a one-year period,
with provisions for three one-year renewals, in an annual amount not to
exceed $500,000 (Public Works Agency) - Finance & Management
Services
22C SPEC. NO. 11-040 - STREET SWEEPER - Award a contract to Schwarze
Industries, Inc. for the replacement of one fire damaged CNG street
sweeper in an amount not to exceed $307,160 to be reimbursed from
insurance proceeds (Public Works Agency) - Finance & Management
Services
22D SPEC. NO. 11-020 - WATERWORKS FITTINGS AND SUPPLIES - Award
contracts for a one-year period, with provisions for three one-year
renewals, in an annual aggregate amount of $450,000 with various
vendors listed below (Public Works Agency) - Finance & Management
Services:
Vendor
Ferguson Waterworks
H.D. Supply Waterworks
Inland Water Works Supply
S & J Supply Company
Wells Supply Co.
Location
Santa Ana
Santa Ana
San Bernardino
Santa Fe Springs
Santa Ana
CITY COUNCIL MINUTES 12 SEPTEMBER 6, 2011
1 0A-12
22E SPEC. NO.08-022 - PAINTING SERVICES - Renew the contract with
Solorio Inc. for a one-year period in an annual amount not to exceed
$75,000 - Finance & Management Services
AGREEMENTS
MOTION; Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Item 25A
through 25G)
25A AGMT NO. 2011-208 - CABLING SERVICES - With PCC Network
Solutions for a one-year period in an amount not to exceed $45,000 per
year - Finance & Management Services
25B AGMT NO. 2011-209 - LANDSCAPE MAINTENANCE SERVICES AT
THE SANTA ANA ZOO AT PRENTICE PARK - Execute an amendment
with Vista Del Verde Landscape, Inc. in an amount of $135,316 for a one-
year term - Parks, Recreation & Community Services Agency
25C AGMT NO. 2011-210 - LEASE AND JOINT USE OF THE NEAL
MACHANDER TENNIS CENTER - With the Santa Ana Unified School
District located at First and Flower Streets for a 10-year term - Parks,
Recreation & Community Services Agency
25D AGMT NO. 2011-211 - INSTRUCTIONAL SERVICES REQUIRED
UNDER THE WORKFORCE INVESTMENT BOARD GRANT TO THE
LIBRARY FOR THE SEEDS TO TREES DIGITAL MEDIA ACADEMY -
With the Rancho Santiago Community College District in an amount of
$88,463 - Parks, Recreation & Community Services Agency and
Community Development Agency
25E AGMT NO. 2011-212 - ENERGY AND SUSTAINABILITY CONSULTING
SERVICES - With Mariann Long and Associates in an amount not to
exceed $255,000, and authorize the City Manager to execute
amendment(s) to said agreement to increase the Scope of Services and
the maximum not to exceed amount to $322,800 if the grant period is
extended and funds are available - Public Works Agency
CITY COUNCIL MINUTES 13 SEPTEMBER 6, 2011
1 0A-13
25F AGMT NO. 2011-213 - SETTLEMENT AGREEMENT FOR BRISTOL
STREET CORRIDOR (PROJECT NO. 081700) - With Luis Paredes dba
Una Dia a la Vez, tenant of the property located at 828 N. Bristol Street,
Suite 200, in an amount of $10,174.25 - Public Works Agency
25G AGMT NO. 2011-214 - SENIOR MEALS PROGRAMS - With Community
SeniorServ, Inc. in an amount of $60,000 - Parks, Recreation &
Community Services Agency and Community Development Agency
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
ORDINANCES/FIRST READING
50A AGENDA ITEM TAKEN OUT OF ORDER
RESOLUTIONS
55A AGENDA ITEM TAKEN OUT OF ORDER
PUBLIC HEARINGS
75A PUBLIC HEARING - PROACTIVE RENTAL ENFORCEMENT PROGRAM
(PREP) ORDINANCE - Planning and Building Agency
Legal Notice published in the O.C. Reporter on August 26, 2011 and
September 2, 2011.
The Mayor opened the Public Hearing. There were no speakers and the
Hearing closed.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. 2824 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTION 21-120r.1(a)
OF THE SANTA ANA MUNICIPAL CODE TO ADJUST AND EXTEND
THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE
RENTAL ENFORCEMENT PROGRAM
CITY COUNCIL MINUTES 14 SEPTEMBER 6, 2011
1 0A-14
2. Approve continuation of the Gold Seal Incentive Program and
funding to recognize exemplary rental properties.
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B PUBLIC HEARING - ABANDONMENT NO. 10-01: INTENT TO VACATE
PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER AND
POINSETTIA STREETS - Public Works Agency
Set for public hearing at the August 24, 2011 City Council Meeting by a
vote of 7-0.
Legal Notice published in the O.C. Reporter on August 12, 2011.
The Mayor opened the Public Hearing. There were no speakers and the
Hearing closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-059 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA VACATING TWO PORTIONS OF SANTA
ANA BOULEVARD BETWEEN MINTER STREET AND POINSETTIA
STREET (ABANDONMENT NO. 2010-01)
MOTION: Alvarez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 15 SEPTEMBER 6, 2011
1 0A-15
75C PUBLIC HEARING - 2011/12 SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND GRANT - Police Department
Legal Notice published in the O.C. Reporter on August 26, 2011.
The Mayor opened the Public Hearing. There were no speakers and the
Hearing closed.
MOTION: Adopt a resolution
RESOLUTION NO. 2011-060 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO APPROVE THE PROPOSED
EXPENDITURE PLAN FOR THE 2011-2012 SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL RECESSED AT 9:54 P.M. TO THE COMMUNITY REDEVELOPMENT
AGENCY, FOLLOWED BY THE SANTA ANA HOUSINGAUTHORITY MEETING; THE
CITY COUNCIL MEETING RECONVENED AT 9:55 P.M. WITH SAME MEMBERS
PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Martinez
• September is Fighting Obesity and Walk to School Month, will
recognize at the October City Council meeting;
CITY COUNCIL MINUTES 16 SEPTEMBER 6, 2011
1 0A-16
• Commented on recent passing of her great-grandmother Monica
Casares Martinez who helped raise her; thanked her for love and
support; and
• Thanked the City Council for civility in handling Agenda Item 85A; need
to remain united and move forward.
Councilmember Bustamante
• Urged all to drive carefully as school year has started.
Councilmember Tinajero
• Commented on Agenda Item 85A; thanked all who spoke on the issue;
believe in redemption; Council to move forward.
Councilmember Benavides
• Thanked all for attending meeting; urged all to move forward, need to
bring Downtown together; focus on budget shortfalls; and
• Commented on upcoming 10th Anniversary of 9-11 Terrorist Attacks;
Nation coming together to remember event; KidWorks Santa Ana
commemorating event through several beautification projects including
a mural at 2000 block of West Myrtle at 12 noon.
Mayor Pro Tern Alvarez
• Noted that she will continue to work with community to make sure that
there is no animosity exists between Latino and Jewish community;
need to focus on budget; thanked supporters and for fruit baskets and
flowers presentation, will be donated to local non-profits since gift
exceed gift limit.
Mayor Pulido
• Thanked all for community involvement and to those who attended
meeting; and
• Adjourned in memory of Marci Bystry, Monica Casares Martinez, and
Suzanne Merner.
ADJOURNED- 10:13 P.M. - The next meeting of the City Council is scheduled for
September 19, 2011 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting in the
Police Community Room, 60 Civic Center Plaza, Santa Ana,
California.
Adjourn in Memory of
Marci Bystry,
Monica Casares Martinez, and
Suzanne Merner
CITY COUNCIL MINUTES 17 SEPTEMBER 6, 2011
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8/22/11 LES
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY
ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9
OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN
ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. The City Council of the City of Santa Ana ("City") approved and adopted the
Redevelopment Plan for the currently merged Redevelopment Project ("Redevelopment
Plan") covering certain properties within the City (the "Project Area").
B. The Community Redevelopment Agency of the City of Santa Ana ("Agency") is
engaged in activities to execute and implement the Redevelopment Plan pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code §
33000, et sec..) ("CRL").
C. Since adoption of the Redevelopment Plan, the Agency has undertaken
redevelopment projects in the Project Area to eliminate blight, to improve public facilities
and infrastructure, to renovate and construct affordable housing, and to enter into
partnerships with private industries to create jobs and expand the local economy.
D. The Agency plans to implement a variety of redevelopment projects and
programs to continue to eliminate and prevent blight, to renovate and construct affordable
housing, to stimulate and expand the Project Area's economic growth, create and develop
local job opportunities and alleviate deficiencies in public infrastructure.
E. As part of the 2011-12 State budget bill, the California Legislature has recently
enacted and the Governor has signed, companion bills ABX1 26 and ABX1 27, requiring
that each redevelopment agency be dissolved unless the community that created it enacts
an ordinance committing it to making certain payments.
F. Specifically, ABX1 26 prohibits agencies from taking numerous actions, effective
immediately and purportedly retroactively, and additionally provides that agencies are
11 A-1
8/22/11 LES
deemed to be dissolved as of October 1, 2011. The City adopted a resolution on August
24, 2011, allowing for this ordinance to be enacted by November 1, 2011, as provided by
the CRL.
G. ABX1 27 provides that a community may participate in an "Alternative Voluntary
Redevelopment Program," in order to enable a redevelopment agency within that
community to remain in existence and carry out the provisions of the CRL, by enacting an
ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code.
H. The Alternative Voluntary Redevelopment Program requires that the community
agree by ordinance to remit specified annual amounts to the county auditor-controller.
1. Under the threat of dissolution pursuant to ABX1 26, and upon the contingencies
and reservations set forth herein, the City shall make the Fiscal Year 2011-2012
community remittance, which is currently Twenty Million Four Hundred Eighty Nine
Thousand One Hundred Seventy Dollars ($20,489,170.00) (subject to the appeal the City
filed as referenced below), as well as the subsequent annual community remittances as set
forth in the CRL.
J. On August 15, 2011, the City filed an appeal with the California Director of
Finance's determination of the Fiscal Year 2011-12 community remittance amount, as
provided in Health and Safety Code Section 34194.
K. The City is aware that an action challenging the constitutionality of ABX1 26 and
ABX1 27 has been filed on behalf of cities, counties and redevelopment agencies. Further,
on August 11, 2011, the California Supreme Court agreed to review the petition filed by the
California Redevelopment Association and the League of California Cities and stayed
specific portions of the legislation.
L. While the City currently intends to make these community remittances, they shall
be made under protest and without prejudice to the City's right to recover such amounts
and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1
27 are unconstitutional.
M. The City reserves the right, regardless of any community remittance made
pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27. Further,
the agreement referenced between the City and Agency shall be entered into
conditionally, and shall be operative only if ABX1 26 and ABX1 27 are upheld and the
stay or a portion thereof is lifted, as it pertains to this Continuation Ordinance.
N. All legal prerequisites to the adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
2
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8/22/11 LES
Section 2. The Recitals set forth above are true and correct and incorporated
herein by reference.
Section 3. In accordance with Health and Safety Code Section 34193, and based
on the Recitals set forth above, the City Council hereby determines that the City shall
comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as
enacted by ABX1 27.
Section 4. Except as set forth in Section 5, below, the City Council hereby
determines that the City shall make the community remittances set forth in Health and
Safety Code section 34194 et seq.
Section 5. City shall not make any community remittance in the event (A) a court
of competent jurisdiction determines that ABX1 26 and ABX1 27 are unconstitutional and
therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing
an appeal therefrom has lapsed; or (B) during any judicial stay of ABX1 27. Any
community remittance shall be made under protest and without prejudice to the City's right
to recover such amount and interest thereon in the event that there is a final determination
that ABX1 26 and ABX1 27 are unconstitutional. If there is a final determination that ABX1
26 and ABX1 27 are invalid, this Ordinance shall be deemed to be null and void and of no
further force or effect.
Section 6. The City Council hereby authorizes and directs the City
Manager/Interim City Manager, or his designee(s), to take any actions and execute any
documents necessary to implement this Ordinance, including but not limited to notifying
the Orange County Auditor-Controller, the Controller of the State of California, and the
California Department of Finance of the adoption of this Ordinance and the City's
agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and
Safety Code, as Part 1.9 exists on the date of adoption of this Ordinance, as set forth in
ABX1 27, with such notification to be accompanied by a certified copy of this
Ordinance.
Section 7. It is the understanding and intent of the City Council that, once the
Agency is again authorized to enter into agreements under the CRL, the City will enter into
an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the
Agency will transfer annual portions of its tax increment to the City in amounts not to
exceed the annual community remittance payments to enable the City, directly or indirectly,
to make the annual remittance payments. Said agreement between the City and the
Agency shall be conditional, to be operative only if ABX1 26 and ABX127 are upheld and
the stay is lifted. The City Council does not intend, by enactment of this Ordinance, to
pledge any of its general fund revenues or assets to make the remittance payments.
Section 8. The City Council finds, under Title 14 of the California Code of
Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of
the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead
consists of the creation and continuation of a governmental funding mechanism for
11 A-3
8/22/11 LES
potential future projects and programs, and does not commit funds to any specific project
or program. The City Council, therefore, directs that a Notice of Exemption be filed with the
County Clerk of the County of Orange in accordance with CEQA Guidelines.
Section 9. If any section, subsection, sentence, clause, phrase, or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The
City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 10. The City Clerk shall certify to the adoption of this Ordinance and cause
it, or a summary of it, to be published once within 15 days of adoption in a newspaper of
general circulation printed and published within the City of Santa Ana, and shall post a
certified copy of this Ordinance, including the vote for and against the same, in the Office
of the City Clerk in accordance with Government Code § 36933.
Section 11. This Ordinance shall become effective thirty (30) days from and after
the date of the final passage and adoption hereof.
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8/22/11 LES
ADOPTED this day of 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of
the City of Santa Ana on September , 2011, and that said Ordinance was published
in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
5
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ROH 09/19/11
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 21-120r.1(a) OF
THE SANTA ANA MUNICIPAL CODE TO ADJUST AND
EXTEND THE FEE CHARGED TO FINANCE THE CITY'S
PROACTIVE RENTAL ENFORCEMENT PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council hereby finds, determines and declares as follows:
A. The City Council of the City of Santa Ana adopted the Proactive Rental
Enforcement Program (PREP), to provide periodic and systematic
inspections of all residential rental properties in the City of Santa Ana; and
B. The PREP is intended to uncover unsanitary conditions and life safety
hazards for occupants of residential rental properties, to ensure that rental
properties have operable and safe water, sewage disposal, heating and
electric systems, and to encourage owners or managers of residential
rental properties to make repairs and conduct preventative building
maintenance before deteriorated conditions upon rental property become
life safety issues; and
C. In 1992, City Council adopted a residential rental surcharge imposed on
property owners who choose to enter into the residential property rental
business to pay the enforcement costs of the Proactive Rental
Enforcement Program, including inspection and administration costs; and
D. In an effort to continue monitoring the results of the program, PREP will
continue for another four-year period, commencing on January 1, 2012,
and will sunset on December 31, 2015, to allow for review of the program;
and
E. All fees assessed for the PREP bear a direct correlation between the
amount of the fee and the actual cost of the services provided, including
administration, enforcement and implementation services specifically
related to the PREP. Further, the proposed increase will not result in
revenue which exceeds the City's estimated reasonable costs to provide
the PREP; and
Ordinance No. NS-
Page 1 of 5
11B-1
F. In order to correlate the amount of the fee with the actual cost of the
services provided, the fee shall be adjusted annually in accordance with
the consumer price index as published by the United States Department of
Labor for the Los Angeles-Riverside-Orange County (formerly Los
Angeles-Long Beach-Anaheim) metropolitan area, as detailed in section
21-121 of the Municipal Code.
G. A 2011 fee study reported the total projected expenditures for the PREP
would amount to an estimated $614,400.00, which includes an estimated
$422,250.00 for required staff and an estimated $192,150.00 in
operational costs.
H. On June 20, 1994, the City Council adopted Resolution No. 94-026 which
approved and adopted the "Gold Seal Incentive Program" whereby
particular residential properties or residential apartments may be certified
as having met standards of excellence in property maintenance and as
certified, would be exempted from payment of the residential rental
surcharge fee for a three-year period; and
The funding for the Gold Seal Incentive Program is $110,000.00, which
currently provides for 5,640 units to receive exemptions from the existing
$19.50 per unit annual fee. The number of units that can be approved to
participate in the Gold Seal Incentive Program will fluctuate with the
adjustment of the annual fee in line with the consumer price index.
J. According to the 2011 fee study, records indicate an inventory of 32,277
rental units licensed for inspection. Subtracting out the 5,640 units
qualified for the Gold Seal Incentive Program, 26,637 units were
accountable for the $19.50 per unit fee, thus generating annual revenue of
$519,422.00.
K. Thus, it is anticipated that the deficit for the PREP will be $94,978.00 for
the last year of the PREP term based on the estimated $614,400.00 in
expenditures and $519,422.00 in revenues.
L. Continuation of the Proactive Rental Enforcement Program is essential to
the neighborhoods in Santa Ana to provide assurances that the rental
housing will not be allowed to revert to the condition which led to the initial
concerns for the implementation of an inspection program in 1992.
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section 15321,
Class 21, as the project involves an enforcement action by a regulatory agency for an
inspection program. A Categorical Exemption for Environmental Review No. ER-2011-
54 will be filed for this project.
Ordinance No. NS-
11 B-2 Page 2 of 5
Section 3. Section 21-120r.1 of the Santa Ana Municipal Code is hereby
amended to allow adjustment of the residential rental surcharge and extend the sunset
date. Said Section 21-120r.1 shall read in full as follows:
Sec. 21-120r.1. Residential Rental Surcharge.
(a) Except as otherwise provided in subsection (b) of this section, the
business license tax for residential property rental and residential
apartment rental shall consist of the amount set forth in subsections (2)
and (3) of section 21-120r plus an annual surcharge of nineteen dollars
and fifty cents ($19.50) per each property rental unit or each apartment
rental unit. The surcharge hereby established shall be due and payable
and shall be paid at the same time and in the same manner that the
amount due under section 21-120r is due and payable. No business
license shall be issued unless the surcharge is paid. Penalties and interest
shall be assessed upon the total amount due and unpaid at the rate
specified in this chapter until such time as both the amount due under
section 21-120r and the surcharge due under this section are paid in full.
All provisions for the enforcement, collection and recovery of unpaid
business license taxes shall likewise apply to the enforcement, collection
and recovery of any unpaid surcharge. This section shall expire on, and
be of no further force or effect after December 31, 2015.
(b) The city council may, by resolution, establish a program whereby
particular residential properties or residential apartments, licensed
pursuant to this chapter, may be certified as having met standards of
excellence in property maintenance. In such event, the executive director
of the planning and building agency shall be responsible for the
implementation of that program. Owners of property certified pursuant to
that program shall be exempt from the payment of the surcharge specified
in subsection (a) of this section for the three (3) tax years next succeeding
the time of such certification. The executive director of the planning and
building agency shall provide the executive director of the finance and
management services agency with listings of licensed properties certified
under this program, which shall be periodically updated to reflect changes.
The city council may provide for such financial limitations on the
exemptions to be granted from the surcharge as the city council deems
appropriate.
Ordinance No. NS-
11 B'3 Page 3 of 5
Section 4. Section 21-121 of the Municipal Code relating to annual consumer
price index adjustments shall be applied to the aforementioned residential rental
surcharge in the same manner as it is applied to all other business license fees and
charges except that the residential rental surcharge imposed by this chapter shall be
first adjusted effective November 1, 2011, upon a base year ending with the month
ending October 31, 2010, and the base year residential rental surcharge rate subject to
adjustment shall be $19.50. Thereafter, each annual adjustment of the residential rental
surcharge made in accordance with section 21-121 shall assume the same base year
and base rate.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the collection of any such
license or penalty or the penal provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and obligations there under
appertaining shall continue in full force and effect.
ADOPTED this day of 2011.
Miguel A. Pulido
Mayor
Ordinance No. NS-
11 B-4 Page 4 of 5
APPROVED AS TO FORM:
Joseph A. Straka, Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B-5
Ordinance No. NS-
Page 5 of 5
11 B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT
CITY MAN G R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S.
Department of Housing and Urban Development.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on August 16, 2011, by a vote of 6:0, (Verino absent), the Community
Redevelopment and Housing Commission recommended: (1) to receive public comment on the
Consolidated Annual Performance and Evaluation Report for fiscal year 2010-11 and (2) that City
Council authorize submittal of the Consolidated Annual Performance and Evaluation Report to the
U. S. Department of Housing and Urban Development.
DISCUSSION
The Consolidated Five Year Plan is a comprehensive planning and application document that
covers the four entitlement grants that the City receives annually from the U. S. Department of
Housing and Urban Development (HUD). The Plan outlines a strategy for using the four grants
and other resources to meet community needs as they were identified in the Plan. These four
entitlement grants are Community Development Block Grant (CDBG), Emergency Shelter Grant
(ESG), HOME Investment Partnership (HOME), and Housing Opportunities for Persons with AIDS
(HOPWA). The Plan also identifies five-year numeric goals for meeting the identified community
needs that the jurisdiction will seek to achieve during the period covered.
As part of the Consolidated Plan process, the City is required to submit annually a Consolidated
Annual Performance and Evaluation Report (CAPER), Exhibit 1. The CAPER describes the
activities and accomplishments for these federal entitlement grants during fiscal year 2010-2011.
It also reports the City's success in achieving the five-year objectives that are established in the
Plan. Fiscal year 2010-2011 is the first year covered by the 2010/11-2014/15 Consolidated Five
Year Plan. The following table summarizes in broad categories the accomplishments achieved
towards meeting the identified five-year objectives. The details for each category can be found in
Exhibit 4 of the CAPER.
19C-1
CAPER
September 19, 2011
Page 2
Objective 5 Yr Goal
FY 10-15 FY
10-11 Percent
Achieved
Housing Services
Owner-Occupied 108 21 19.4%
Renter-Occupied 185 11 5.9%
Code Enforcement Services
Owner-Occupied 7442 2737 36.8%
Renter-Occupied 8000 1005 12.6%
Homeless Services
Prevention 1437 345 24.0%
Shelter 5730 934 16.3%
Supportive 13000 1962 15.1%
Permanent Supportive Housing 300 61 20.3%
Special Needs Services
Elderly 3750 1360 36.3%
Disabled 100 0 0.0%
Public Services
Low-Income 20000 4955 24.8%
Capital Improvements Projects
Facilities 12 3 25.0%
Infrastructure 5 1 20.0%
wine: in auuttion to ine services notes aoove the Santa Ana Housing Authority provide Housing
Choice Voucher Rental Assistance to 2,646 households. The City's Helicopter program also
provided anti-crime services on a city-wide basis.
The U. S Department of Housing and Urban Development (HUD) regulations require that the
CAPER be available for a 15-day public review period prior to being submitted to them. On July
29, 2011, a public notice was published in the Orange County Register, La Opinion, and Nguoi
Viet News that indicated the draft report was available for review from August 1 to August 15,
2011. The draft CAPER was also available for public review on the City's website. All comments
received will be included in the final document submitted to HUD, which is due no later than
September 30, 2011.
19C-2
CAPER
September 19, 2011
Page 3
FISCAL IMPACT
There is no fiscal impact associated with this action.
Nancy T. wards
Interim Exe utive Director
Community Development Agency
Exhibit: 1. Consolidated Annual Performance and Evaluation Report
NTE/SLB/TE/mlr
19C-3
19C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
AGREEMENT WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR
TRANSPORTATION ENHANCEMENT
FUNDING
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority in the amount of $500,000 subject to
nonsubstantive changes approved by the City Manager and City Attorney, to provide
Transportation Enhancement funding for the Flower Street Bike Trail Gap Closure project.
2. Approve an appropriation adjustment accepting funds in the amount of $500,000 into the
Select Street Construction Revenue Fund for Federal Grants (accounting unit 05917002-
52001) and appropriating $500,000 to the Select Street Construction Expense Fund for
Improvements Other Than Buildings (accounting unit 05917660-66220).
DISCUSSION
On June 21, 2010, the City Council authorized the application for project funding through the
Transportation Enhancement (TE) Program administered by the Orange County Transportation
Authority (OCTA). On September 27, 2010, OCTA authorized federal funding up to $500,000 for
the Flower Street Bike Trail Gap Closure project. These funds are designated for transportation
projects to better integrate transportation facilities into the surrounding community. An
agreement with OCTA is needed to receive the grant funding to construct this project.
The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24-mile regional trail
identified in the Santa Ana Bikeway Master Plan that is proposed to encircle the city boundary. A
one-half-mile section of the Flower Street Bike Trail from Alton Avenue to Macarthur Boulevard
was completed in 2010. This proposed project involves a segment which will connect the trail
from Macarthur Boulevard to Sunflower Avenue where it then joins a City of Costa Mesa
bikeway.
20A-1
Agreement with OCTA for
Transportation Enhancement Funding
September 19, 2011
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Upon approval of appropriation adjustment, funds will be available in the Transportation
Enhancement Fund (accounting unit 05917660-66220).
APPROVED AS TO FUNDS AND
ACCOUNTS:
Rau Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency
Finance & Management Services Agency
.6%
Vfpw-GerardojR. Mouet
Executi Director
Parks, Recreation & Community Services
Agency
RG/SF
Exhibit: 1. Agreement
20A-2
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COOPERATIVE AGREEMENT NO. C-1-2630
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
FEDERAL TRANSPORTATION ENHANCEMENT PROJECT
FLOWER STREET BIKE TRAIL GAP CLOSURE
THIS AGREEMENT is effective this day of 2011, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to
as "AUTHORITY"), and the City of Santa Ana, 20 Civic Center Plaza - M36, Santa Ana, California
92702, a municipal corporation duly organized and existing under the constitution and laws of the
State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define
the roles and responsibilities related to funding between the AUTHORITY and CITY for construction
of Flower Street Bike Trail Gap Closure; (hereinafter referred to as "PROJECT'); and
WHEREAS, CITY is an eligible recipient of Federal funding under the Transportation
Enhancement (TE) 2010 Program and the PROJECT is eligible for TE funding; and
WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors, approved
providing funding of up to Five Hundred Thousand Dollars ($500,000) or 66% of the total project
cost in TE funds, which shall be matched with Two Hundred Sixty Two Thousand Dollars ($262,000)
in CITY funds for a total project cost of Seven Hundred Sixty Two Thousand Dollars ($762,000); and
WHEREAS, on January 10, 2011, the AUTHORITY's Board of Directors, approved an
updated priority list of projects for the TE Program; and
L:CammSCLE RICA.UCLE RICALtWOR DPRO(,WGREE WG72630 Page 1 of 10
20A-3
AGREEMENT NO. C-1-2630
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WHEREAS, AUTHORITY and CITY agree that the total full funding for the PROJECT
including construction management and construction shall be Seven Hundred Sixty Two Thousand
Dollars ($762,000) in accordance with Exhibit A titled "TE Funding Plan", which is attached herein
and incorporated by reference; and
WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which provides the TE
funding, was passed by the federal government in 2005, expired in September of 2009 and was
extended through a continuing resolution. TE funding for the PROJECT is contingent upon funding
being available through SAFETEA-LU or a new transportation act and the PROJECT maintaining its
eligibility for this funding; and
WHEREAS, the California Department of Transportation (Caltrans) administers the TE
program on behalf of the Federal Highway Administration (FHWA) and the California Transportation
Commission (CTC) approves funding for projects through the State Transportation Improvement
Program (STIP). AUTHORITY is responsible for programming the funds to specific projects within
Orange County. Caltrans is responsible for acquiring federal approvals for the project on behalf of
the CITY, determining federal eligibility, compliance with federal requirements, and reimbursement
for project activities. In order to proceed or commence each phase of PROJECT for performance
under this Agreement, CITY is responsible to request and receive approvals from the appropriate
State, Federal and Local agencies; and
WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition,
construction management and construction of said PROJECT; and
WHEREAS, this Cooperative Agreement defines the specific terms and conditions and
funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for
completion of the PROJECT.
WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on
September 27, 2010; and
Page 2 of 10
LCemm1CLERICALNCLER ICAL%WORDPROCMGREE WG 12630
20A-4
AGREEMENT NO. C-1-2630
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WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of
2011.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
this agreement between AUTHORITY and CITY and it supersedes all prior representations,
understandings, and communications. The invalidity in whole or in part of any term or condition of
this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The
above referenced Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
in writing by an authorized representative of AUTHORITY by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
CITY's right to such performance or to future performance of such term(s) or condition(s), and
AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
writing by an authorized representative of CITY by way of a written amendment to this Agreement
and issued in accordance with the provisions of this Agreement.
Page 3 of 10
L: Carnm%CLERICALICLERI CALIWOR DPROCIAG RE E WG 12630
20A-5
AGREEMENT NO. C-1-2630
1 ARTICLE 2. SCOPE OF AGREEMENT
2 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the
3 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate
4 and coordinate with the other in all activities covered by this Agreement and any other supplemental
5 agreements that may be required to facilitate purposes thereof.
6 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
7 AUTHORITY agrees to the following responsibilities for PROJECT:
s A. AUTHORITY shall formally request on behalf of the CITY that the Southern California
s Association of Governments (SCAG) amend the Federal Transportation Improvement Program
10 (FTIP) to program up to Five Hundred Thousand Dollars ($500,000) in accordance with the funding
11 plan outlined in Exhibit A, whereby AUTHORITY's performance under this Agreement is contingent
12 upon SCAG, Caltrans, and FHWA approval.
13 B. AUTHORITY shall provide assistance to CITY in securing the TE funds.
14 C. AUTHORITY shall not be obligated to program any amount beyond what has been
15 identified in this Article.
16 D. AUTHORITY shall process any required FTIP amendments.
17 E. AUTHORITY shall review and approve the CITY's request for allocation prior to
18 submittal to Caltrans District 12.
19 F. AUTHORITY shall cancel projects for which the CITY has not submitted a request for
20 authorization to proceed (E-76 forms) and allocation request by February 1 of the fiscal year
21 identified in Exhibit A, or has not advanced the project to ready-to-list stage as determined by
22 Caltrans guidelines.
23 ARTICLE 4. RESPONSIBILITIES OF CITY
24 CITY agrees to the following responsibilities for PROJECT:
25 A. CITY will act as the lead agency for the engineering, right-of-way, construction and
26 construction management of the PROJECT.
Page 4 of 10
LCx Nr,LERICAL(CLERICAL%WOROPROC%GREEWG12630
20A-6
AGREEMENT NO. C-1-2630
1 B. CITY will submit semi-annual project status reports for the PROJECT to the
2 AUTHORITY due on January 15 for the prior six month period, beginning on July 1, and ending on
3 December 31 and due on July 15 for the prior 6 month period, beginning on January 1 and ending
4 on June 30 with Exhibit B titled "TE Semi-Annual Report".
5 C. CITY will submit a final report to AUTHORITY upon completion of the project in
6 accordance with Exhibit C titled "TE Final Project Report Form".
7 D. CITY is responsible for preparing and submitting to AUTHORITY all CTC
8 documentation needed for allocation vote 90 days prior to CTC meeting and no later than February
9 1 of the fiscal year identified in Exhibit A.
10 E. CITY is responsible for preparing and submitting all necessary Caltrans required
11 documentation including E-76 forms. CITY cannot proceed with advertisement of project or any
12 work prior to authorization to proceed (E-76 form approval) by the FHWA. CITY agrees to submit
13 the completed E-76 forms to Caltrans District 12 by February 1 of the fiscal year identified in
14 Exhibit A and will provide evidence of submittal to AUTHORITY by February 28 of the same fiscal
15 year. All prior approvals, including but not limited to Caltrans environmental approval and right-of-
16 way certification (if applicable), must be attained prior to February 1 to meet this requirement.
17 F. CITY acknowledges that if the allocation request and E-76 forms are not submitted to
18 AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of
19 environmental and right-of-way certification (if applicable) by this date or has not advanced the
20 project to ready-to-list stage as determined through Caltrans guidelines the TE funding will be
21 cancelled by AUTHORITY.
22 G. CITY shall provide a minimum of 34% of the total project cost in CITY funds as the
23 required local match which shall be finalized at construction contract award and in accordance with
24 Exhibit A. Based on the existing budget, the estimated local match contribution is
25 Two Hundred Sixty Two Thousand Dollars ($262,000). Actual TE funding to be provided to project
26 will be determined based on construction contract award amount; and
Page 5 of 10
L:CartmVGLERICALVCLERICAL%WORDPRC WGREEWG12630
20A-7
AGREEMENT NO. C-1-2630
1 H. CITY agrees to revise E76 finance letter with submittal of contract award information
2 to Caltrans within 30 days of contract award to accommodate the required overall project local
3 match requirement and to de-obligate any TE funds that are not estimated to be needed for the
4 project based on the estimated project funding need at contract award.
5 I. CITY agrees that any cost overruns shall be the responsibility of the CITY.
6 J. CITY is responsible for completing the PROJECT in accordance with Exhibit A, timely
7 use of funds requirements, and to abide by all TE programming guidelines, State Transportation
8 Improvement Program Guidelines, and any and all other federal and state requirements related to
s the TE.
10 K. CITY agrees that cost savings shall be distributed proportionally between TE and
11 local funding.
12 ARTICLE 6. DELEGATED AUTHORITY
13 The actions required to be taken by CITY in the implementation of this Agreement are
14 delegated to its City Manager, or designee, and the actions required to be taken by AUTHORITY in
15 the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer, or
16 designee.
17 ARTICLE 6. AUDIT AND INSPECTION
18 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
19 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
20 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts,
21 and other data and records of CITY for a period of four (4) years after final payment, or until any on-
22 going audit is completed. For purposes of audit, the date of completion of this Agreement shall be
23 the date of Caltrans' payment of CITY's final billing under this Agreement. AUTHORITY shall have
24 the right to reproduce any such books, records, and accounts. The above provision with respect to
25 audits shall extend to and/or be included in construction contracts with CITY's contractor.
26 /
Page 6 of 10
L.Camm\CLERICAL?CLERICALIWOROPROC AGREEIAG12630
20A-8
AGREEMENT NO. C-1-2630
1 ARTICLE 7, INDEMNIFICATION
2 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
3 employees and agents from and against any and all claims (including attorney's fees and
4 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
5 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
6 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors,
7 employees or agents in connection with or arising out of the performance of this Agreement.
a B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
s employees and agents from and against any and all claims (including attorney's fees and
10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
11 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
12 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors,
13 employees or agents in connection with or arising out of the performance of this Agreement.
14 C. The indemnification and defense obligations of this Agreement shall survive its
15 expiration or termination.
16 ARTICLE 8. ADDITIONAL PROVISIONS
17 The AUTHORITY and CITY agree to the following mutual responsibilities:
18 A. Term of Agreement: This Agreement shall continue in full force and effect through
19 project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation,
20 whichever is earlier. This Agreement may be extended at the mutual consent of both parties.
21 B. Termination: This agreement is null and void if project is not funded. AUTHORITY
22 shall cancel projects for which the CITY has not submitted an E-76 and allocation request by
23 February 1 of the fiscal year for which funds are programmed or has not advanced the project to
24 ready-to-list stage as determined through Caltrans Guidelines. This Agreement may be terminated
25 by either party after giving thirty (30) days written notice. This Agreement shall not be terminated
26 without mutual agreement of both parties.
Page 7 of 10
L:C"m NCLERICALCLERICALXWOROPROCWGREEWG12630
20A-9
AGREEMENT NO. C-1-2630
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C. This Agreement may be amended in writing at any time by the mutual consent of both
parties. No amendment shall have any force or effect unless executed in writing by both parties.
D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws,
statues, ordinances and regulations of any governmental authority having jurisdiction over the
PROJECT.
E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to
execute this Agreement on behalf of said parties and that, by so executing this agreement, the
parties hereto are formally bound to the provisions of this Agreement.
F. Severability: If any term, provision, covenant or condition of this Agreement is held to
be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
G. Counterparts of Agreement: This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original
and all of which together shall constitute the same agreement. Facsimile signatures will be
permitted.
H. Force Maieure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government;
national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
such cause is presented to the other Party, and provided further that such nonperformance is
unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
1. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties,
or authority hereunder may be assigned in whole or in part by either Party without the prior written
consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be
Page 8 of 10
L: CammV-LERICALICLERICALIWORDPROCWGREEWG12630
20A-10
AGREEMENT NO. C-1-2630
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deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to
any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to
authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the
terms, in amounts, or for purposes otherthan as authorized by local, state or federal law.
K. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney's fees, to the prevailing party.
M. Notices: Any notices, requests, or demands made between the parties pursuant to this
Agreement are to be directed as follows:
To AGENCY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza - M36 550 South Main Street
Santa Ana, CA 92702 P. O. Box 14184
Orange, CA 92863-1584
Attention: Joe Parco Attention: Ms. Reem Hashem
Senior Civil Engineer Principal Contract Administrator
Tel: 714-647-5630 714-560-5446
Email: jparco@santa-ana.org Email: rhashem@octa.net
Cc: Ben Ku, Senior Transportation
Funding Analyst
L'. CanvMCLERICAL\CLERICAUWORDPROCWGREE1AG12630 Page 9 of 10
20A-11
AGREEMENT NO. C-1-2630
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This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-2630 to be
executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Paul M. Walters
Interim City Manager
ATTEST:
By:
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
By:
Joseph Straka
Interim City Attorney
Dated:
By:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
l:GammICIERICAL1CtERICALIW ORDPROCW,GREE1AG12630 Page 10 of 10
20A-12
OCTA M EXHIBIT A: TE Funding Plan
AGREEMENT NO. C-1-2630
EXHIBIT A
Project Tide: Flower Street Bike Trail Gan Closure
Agency: Santa Ana Date: 7/15/2011
Schedule Completion Date
Draft Environmental Document Complete
Final Environmental Document Complete
Begin Design Engineering Corn lete
Plans, Specifications, and Cost Estimates Complete Complete
Start Right-of-Way Acquisition NA
ROW Certification Oct. 2011
Submit Request for Authorization Oct. 2011
Read to Advertise Jan. 2012
Award Construction A r. 2012
Project Completion (open for use Oct. 2012
Funding: TE Grant $ 500.000 Local Match
$ 262,000 34%
Preliminary ENG $000s
Fund Source FY Original Planned Allocation
ROW ($000s)
Fund Source FY Original Planned Allocation
CON rPO(WO
Fund Source FY Original Planned Allocation
STIP-TE 2011-12 $500,000
General Fund 2011-12 $262,000
Name/Title: Joe Parco, Senior Civil Engineer
Signature:
Phone: (714) 647-5630
Email: jparco@santa-ana.org
Date:
20A-13
AGREEMENT NO. C-1-2630
EXHIBIT B
ETA EXHIBIT B: TE SEMI ANNUAL REPORT
Project Title:
Agency:
Schedule
Date:
Original Current
Completion Completion
Date Date
Draft Environmental Document
Final Environmental Document
Begin Desi Engineering
Plans, Specifications, and Cost Estimates complete
Right-of-Way Certification
Submit Request for Authorization for Const (E-76)
Read to Advertise
Award Construction
Project Completion (open for use)
Funding Table:
Construction ($000's)
Fund Source Fiscal
Year Original
Planned
Allocation Revised
Allocation Actual
Expended Remaining
Allocation
Major Activities:
Status:
20A-14
:Iiew3
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OEW-VO 'ON 1N3W3321JV
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20A-15
AGREEMENT NO. C-1-2630
EXHIBIT C
M EXHIBIT C: TE FINAL PROJECT REPORT FORM
OCTA Date
Instructions
The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of
Completion. Page 4, the OCTA Staff Verification will be filled out by OCTA staff. In addition, the agency must
attach before (if available) and after photographs of the project site and the address or location of the site under
the Location and Scope of work section.
Agency
Location and Scope of Work
Verification of Match
(Actual Expenditures)
Phase
Engineering
$
$
$ -
J7f-,%a1t
$ - Other
OGTA ,
Fri"n'oin
$ -
Total'
$ -
Right-of-Way $ - $ - $ - $ - $ - $ -
Construction $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $
Prniart Srharlula
Rate,
0%
Phase Proposed Actuaf.. -
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Right-of-Way Certification
Read to Advertise
Award Construction
Project Completion (open for use
Page 1
20A-16
OCTA
TE: Final Cost
Item
Page 2
20A-17
M TE: FINAL COST
OCTI?
I hereby certify that the statements provided here are true and correct.
Proiect Title
Yes No N/A
1 The project is designed to city/county and other participating jurisdictions' standards. ? ? ?
2 The project contract was awarded on: ENTER DATE ? ? ?
3 The total cost of the contract is equal to or less than the total TE ? ? ?
funds awarded and matching funds provided.
4 The city/county provided matching funds to the project. ? ? ?
5 Right-of-way was acquired in conformance with city/county procedures. ? ? ?
6 All required environmental documentation is complete and certified. ? ? ?
7 An updated project schedule is included with the final invoice. ? ? ?
8 The final invoice is attached with all the necessary documentation. ? ? ?
Name
Title Public Works Director
Signature Date
Page 3
20A-18
M TE: OCTA Staff Verification
OCTA
OCTA STAFF USE ONLY
Orange County Transportation Authority staff has inspected the project site and
certifies that the project is complete.
Proiect Title
Name
Title
Signature Date
Page 4
20A-19
20A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
AGREEMENT WITH THE SERVICE EMPLOYEES
INTERNATIONAL UNION (SEIU)
PART-TIME CIVIL SERVICE (PTCS)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement with the Service Employees International Union Local 721 regarding wages
and other terms and conditions of employment for Part-Time Civil Service employees (PTCS).
DISCUSSION
The City and the Service Employees International Union (SEIU) recently completed contract
negotiations resulting in a three-year Letter of Agreement. This agreement period covers July 1,
2010 through June 30, 2013.
The primary provisions of this agreement are as follows:
1) Salary Increase: No salary increases throughout the term of this Agreement.
2) Holiday Pay: Increase holiday pay from four hours to six hours per holiday.
3) Bereavement Leave: Provide up to three days bereavement leave, for a death in the
immediate family.
4) LTD & Life Insurance: Allow enrollment in LTD and Life insurance plans at employee's
expense.
5) Military Leave: Allow employees the ability to purchase four years' military service credit, at
employee's expense.
6) CalPERS Retirement: Employees to contribute an additional 1.7% to CalPERS for the cost
of the 2.7% at 55 service retirement benefit, for a total contribution of 8%.
7) Computation of Workweek for Overtime: Amend overtime language to more closely mirror
FLSA guidelines.
25A-1
Agreement with the Services Employees
International Union (SEIU)
September 19, 2011
Page 2
8) Layoffs: There shall be no layoff of members of this bargaining unit (PTCS) through
December 31, 2011.
FISCAL IMPACT
Funds for potential costs are available in the affected departmental accounts: Salary account (Object
Code 61020) and Benefits account (Object code 61110-61160). Estimated potential costs for the first
year of the Agreement are $6,378.
APPROVED AS TO FUNDS AND ACCOUNTS:
Y
Kathie S. Gonzalez
Executive Director
Personnel Services Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25A-2
2010 - 2013
LETTER
OF
AGREEMENT
CITY OF SANTA ANA
AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
PART TIME CIVIL SERVICE EMPLOYEE
REPRESENTATION UNIT
25A-3
LETTER OF AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
FOR FISCAL YEARS 2010-11 THROUGH 2012-13
PART TIME CIVIL SERVICE EMPLOYEE REPRESENTATION UNIT
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I RECOGNITION 3
ARTICLE II NON-DISCRIMINATION CLAUSE 3
ARTICLE III ATTENDANCE, HOUR LIMITS, AND NUMBER OF
EMPLOYEES 3
ARTICLE IV SALARIES 4
ARTICLE V ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 8
ARTICLE VI OVERTIME 18
ARTICLE VII TRAINING & EDUCATIONAL ASSISTANCE
PROGRAM - NOT APPLICABLE 20
ARTICLE VIII HOLIDAYS 20
ARTICLE IX VACATION 21
ARTICLE X OTHER LEAVES OF ABSENCE 22
ARTICLE XI EMPLOYEE INSURANCE 26
ARTICLE XII RETIREMENT 27
ARTICLE XIII TOOL REIMBURSEMENT POLICY 28
ARTICLE XIV UNIFORM MAINTENANCE 28
ARTICLE XV SAFETY 29
ARTICLE XVI RESIDENCY 29
ARTICLE XVII GRIEVANCE REVIEW PROCEDURE 30
ARTICLE XVIII UNION RIGHTS 31
ARTICLE XIX DUES DEDUCTION & INDEMNIFICATION 34
ARTICLE XX CITY RIGHTS 35
ARTICLE XXI STRIKES & WORK STOPPAGES 37
ARTICLE XXII LAYOFFS 37
ARTICLE XXIII MISCELLANEOUS PROVISIONS 38
ARTICLE XXIV SOLE & ENTIRE AGREEMENT 43
ARTICLE XXV WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT 43
ARTICLE XXVI EMERGENCY WAIVER PROVISION 43
ARTICLE XXVII SEPARABILITY PROVISION 44
ARTICLE XXVIII TERM OF AGREEMENT 44
ARTICLE XXIX RATIFICATION & EXECUTION 44
EXHIBIT A BASIC SALARY & WAGE SCHEDULE 47
EXHIBIT B ASSIGNMENT OF CLASSES REPRESENTED BY SANTA
ANA CITY EMPLOYEES CHAPTER 1939 SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 721 49
EXHIBIT C RESO 81-75 55
2
25A-4
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section
3500, et seg., the City of Santa Ana (hereinafter called the "City") has recognized the
Santa Ana City Employees Chapter 1939/Service Employees International Union Local
721 (hereinafter called the "Union") as the recognized representative of the bargaining
unit which includes Part Time Civil Service personnel employed by the City of Santa
Ana in classifications listed in Exhibit "B".
1.2 During the term of this Agreement, no substantive issue of representation shall be raised
contrary to this recognition except as provided in Resolution No. 81-75, the Employer-
Employee Relations Resolution of the City of Santa Ana.
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and the Union agree that they shall not discriminate against any employee
because of race, color, sex, age, national origin or alienage, sexual orientation, political or
religious opinions or affiliations, or union membership, and that all jobs are open to
males and females. The City and the Union shall reopen any provision of this Agreement
for the purpose of complying with any order of a Federal or State agency or court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this Agreement in compliance with State or Federal anti-discrimination laws.
2.2 Whenever reference is made to the masculine gender, it shall be understood to include the
feminine gender, unless expressly stated otherwise.
ARTICLE III
3.0 ATTENDANCE, HOUR LIMITS, AND NUMBER OF EMPLOYEES
3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work
during hours prescribed by the Department Head or his/her designee(s) and shall not
absent themselves without approval of the Department Head or his/her designee(s).
3.2 Hour Limits. Persons appointed to a Part Time Civil Service position work an average of
20 - 30 hours per week and may not exceed 138 hours in any two (2) consecutive pay
periods, if working more than 30 hours per week in some of the weeks.
NOTE: Pay periods for Part Time Civil Service employees run from the 11th of the
month, through the 25th of the same month, and from the 26th of the month through the
10th of the following month. The total number of hours worked depends on the number
of work days contained in two (2) consecutive pay periods. For example, in two (2)
consecutive pay periods which contain a total of 23 work days, a person appointed to a
Part Time Civil Service position may work a total of 92 to 138 hours.
25A-5
Should there be any intentional violation by the City of the Part Time Civil Service hour
limits as shown in Section 3.2 above that equal two (2) in a six (6) month period, or three
(3) in a twelve (12) month period, then the City will be obligated to immediately
compensate the employee by paying the full cost up to the amount paid on behalf of a full
time employee of the employee-only medical insurance premiums from that date forward.
Failure to comply with this provision is subject to the grievance procedure. For purposes
of this Section only, the total number of hours worked shall be exclusive of vacation, sick
leave, or holiday time.
3.3 Number of Employees. The number of Part Time Civil Service positions during the term
of this Agreement shall not exceed:
o Fifteen (15) in the Library Department
o Ten (10) in the Parks, Recreation, and Community Services Department
o Twelve (12) in all other departments
Should an adjustment to these numbers be requested by either party during the term of
this Agreement, the parties agree to meet and confer regarding this matter.
3.4 Hourly Conversion. Whenever reference is made to a required number of days, months,
or years for Full Time Civil Service employees in this Article, an equivalent number of
hours shall be substituted to satisfy an equivalent requirement for Part Time Civil Service
employees as defined in Section 3.2 of this Agreement.
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
Part Time Civil Service personnel who are now employed or will in the future be
employed in any of the designated classifications of employment represented by the
Union as listed in this Agreement and its attachments.
4.2 Salary Schedule. The basic salary schedule is attached hereto in a matrix format as
Exhibit "A" and made a part hereof as though set forth in full herein. Such salary
schedule provides numerous salary rate ranges, each comprised of six (6) steps or rates of
pay.
The respective rate ranges are identified by a three digit number. The steps within each
range are identified by the letters "AA" through "E" inclusive, with Step "AA" being the
lowest step in the range. For Part Time Civil Service employees, the purpose of each step
and length of service required for advancement to the next step within a particular salary
rate range is summarized as follows:
AA Step - Normal beginning pay rate.
A Step - After 1040 hours in next lower step. Also optional hiring rate.
B Step - After 2080 hours in next lower step. Also optional hiring rate.
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C Step - After 2080 hours in next lower step. Also optional hiring rate.
D Step - After 2080 hours in next lower step. Is maximum hiring rate.
E Step - Merit rate. After 3120 hours in next lower step.
Specific regulations governing advancement within salary rate ranges for Part Time Civil
Service employees are set forth in Section 4.8 of this Agreement.
4.3 Salaries.
A. Effective July 1, 2010, the base salary of employees covered by this Agreement
shall be increased by eight (8) salary rate ranges (approximately 4%).
B. Effective January 1, 2011, the base salary of employees covered by this Agreement
shall be increased by five (5) salary rate ranges (approximately 2.5%).
C. Effective as soon as practicable following Council approval of this Agreement,
Miscellaneous employees covered by this Agreement shall contribute an additional
one point seven percent (1.7%) of their salary for a total of eight percent (8%)
toward the employer cost of the 2.7% at 55 retirement benefit. To the extent
permitted by CalPERS and Internal Revenue Service regulations, this 1.7%
contribution shall be implemented through payroll deduction on a pre-tax basis.
D. The assignment of classes to salary rate ranges is listed in Exhibit B and made a
part hereof as though set forth herein.
4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4.2
and Exhibit "B" are monthly salary rate ranges. However, all employees working in
classifications of employment covered by this Agreement shall be compensated at an
hourly rate. The regular rate of pay shall be computed as provided for by the Fair Labor
Standards Act (FLSA).
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by
dividing the monthly salary rate by 173.33. In determining the hourly rate as herein
provided, computation shall be made to the nearest whole cent and a computation
resulting in an even one-half cent shall fix the rate at the next higher whole cent.
4.5 Probation. The probationary period shall be the hourly equivalent of one (1) year (2080
hours) from the date of appointment from an open eligible list (new hire) or a
reappointment eligible list (rehire) and the hourly equivalent of six (6) months (1040
hours) from the date of appointment from a promotional eligible list.
4.6 Be inning Rates. A new employee of the City of Santa Ana shall be paid the rate shown
as Step "AA" in the salary rate range allocated to the class of employment for which he
or she has been hired. In special instances where such new employee possesses unique
and exceptional educational training and/or experience qualifications, the Department
Head, under whom the employee will serve, may submit a written request and
justification to the City Manager for authorization to place such new employee on Step
"A," "B," "C," or "D" within the allocated salary rate range, provided that such employee
25A-7
shall be assigned such salary step upon the commencement of his or her service in the
classification of employment to which the salary rate range applies and such assignment
having once been made shall remain in effect until the said employee shall be entitled to
advance to the next salary step in accordance with the further provisions of this Article.
4.7 Service. The word "service" as used in this Agreement shall be deemed to mean
continuous, full time service (or an equivalent number of hours) in the classification in
which the employee is being considered for salary advancement, service in a higher
classification or service in a classification allocated to the same salary rate range and
having generally similar duties and requirements. Employees hired after the first (0)
working day of the month shall not be credited with "time in service" for that month
when determining the length of service required for salary step advancement. A lapse of
service by an employee for a period of time longer than thirty (30) calendar days by
reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length
of service time of such employee for the purposes of this Agreement, and such employee
reentering the service of the City shall be considered as a new employee, except when he
or she is being or will be reappointed within one (1) year and placed in the same salary
step in the appropriate salary rate as he or she was at the time of termination of
employment. "Resignation, quit, or discharge" for purposes of this section shall mean
separating from Part Time Civil Service City employment altogether, not leaving one
position to accept appointment to another position in an unrelated classification outside
the career ladder.
4.8 Advancement Within Ranges.
A. Length of Service Advancements. After the salary of an employee has been first
established and fixed under this plan, such employee shall be advanced from Step
"AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C," or
from Step "C" to Step "D," whichever is the next higher step to that on which the
employee has been previously paid, effective the first day of the month following
the date of completion of the length of service required for such advancement as
provided in Section 4.2 and Exhibit A hereof.
B. Merit Advances. An employee shall be considered for advancement from Step
"D" to Step "E" upon the completion of the required length of service as provided
in Section 4.2 and Exhibit A hereof, the effective date of such merit increase, if
granted, shall be on the first (1St) day of the month following the completion of
such required length of service. Advancement to Step "B" may be granted only
for continued meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of his or her position. Such
merit advancement shall require the following:
1. There shall be on file in the office of the Executive Director of Personnel
Services a copy of each periodic performance appraisal report required to
be made on the employee by the Civil Service Rules and Regulations
and/or the City Manager during the period of service time of such
employee subsequent to his or her last salary advancement.
2. The Department Head, at least twenty (20) calendar days prior to the
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anticipated completion of such employee's required length of service,
shall file with the City Manager a statement recommending the granting or
denial of the merit increase and supporting such a recommendation with
specific reasons therefore. The employee shall be notified by the
Department Head as to such recommendations and of the reasons
therefore.
3. No advancement in salary above Step "D" shall become effective until
approved by the City Manager, except when placement on a salary step
above Step "D" results from promotion under the provisions of Section
4.10 of this Article.
C. Length of Service Required When Advancement Denied. When an employee has
not been approved for advancement to merit Step "E," he or she may be
reconsidered for such advancement after the completion of 520 hours of
additional service and shall be reconsidered for such advancement after the
completion of 1040 hours of additional service. This reconsideration shall follow
the same steps and shall be subject to the same actions as provided in
subparagraph B of this section.
4.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be
reduced to Step "D" of the appropriate salary range, upon the recommendation of the
Department Head, and the approval of the City Manager. Procedure for such reduction
shall follow the same procedure as outlined for merit advancements in Section 4.8 above,
and such employee may be considered for readvancement under the same provisions as
contained in Subsection C of Section 4.8 above.
4.10 Promotional Salary Advancement. When an employee is promoted to a position in a
higher classification from a position in a lower classification in the same occupational
career ladder, he or she shall be reassigned to Step "AA" in the appropriate salary rate
range for the higher classification; provided, however, that if the base salary step
currently being paid such employee is already equal to or higher than said Step "AA," he
or she will be placed in the lowest step in the appropriate salary rate range as will grant
that employee a minimum increase of one (1) salary step (approximately 5%) over his or
her current base salary step, inclusive of lead pay, and exclusive of any other assignment
or special pay additive or additives such as bilingual pay, shift differential, special skill
pay or the like, except when placement at "B" step will not be sufficient to provide a one
(1) salary step (approximately 5%) increase.
4.11 Demotion. When an employee is demoted to a position in a lower classification, his or
her salary rate shall be fixed in the appropriate salary rate range for the lower
classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step (approximately 5%).
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had his or her service time in the higher classification
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been spent in the lower classification.
D. If the salary rate recommended by the Department Head is lower than the
maximum step permissible under Subsection C above, such recommendation shall
be considered a reduction in pay in addition to the demotion and shall be handled
in accordance with the provisions for salary reductions (Section 4.9, above).
4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification
which is reallocated to a different salary rate range from that previously assigned shall be
retained in the same salary step in the new salary rate range as he or she had previously
held in the prior rate range and shall retain credit for length of service in such step
towards advancement to the next higher step.
ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differential.
Assignment pay differentials, as listed herein and throughout the contract, shall, in each
case, be added individually and separately to the employee's base salary. In no event
shall one assignment pay differential be added to the employee's base salary as a basis
for the calculation of an additional pay differential.
A. Incumbents in the classifications of Senior Office Assistant, Secretary or
Executive Secretary who are assigned by a Department Head, with the prior
approval of the City Manager, to a position requiring the ability to take dictation
at a rate of 70 words per minute or better on a regular basis or as an essential or
integral element of the work of the position, shall be paid a monthly differential of
sixty dollars ($60) above his or her then current base monthly salary step for each
full month of such assignment.
B. Incumbents in the classifications of Park Maintenance Worker and Park
Maintenance Leader who are continuously and regularly assigned to perform
duties as a Park Maintenance Planner-Scheduler, shall be paid an assignment pay
differential at a rate set above his or her then current base monthly salary step in
accordance with the following schedule: twenty (20) salary rate ranges (10%) for
full-time assignment; ten (10) rate ranges (approximately 5%) for half-time
assignment.
C. An incumbent in the classification of Senior Office Assistant who is continuously
and regularly assigned to operate, and who actually operates, a two-way radio
communications base station, shall be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step.
D. Incumbents in the classifications of Fleet Equipment Technician II and III who
are assigned to perform repair and maintenance on fire apparatus on a continuous
and regular basis, who possess a California State Certification of Fire Mechanic
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Level I or Level II, shall be paid an assignment pay differential at a rate set five
(5) salary rate ranges (approximately 2.5%) respectively, for each certification,
above his or her then current base monthly salary step.
E. Incumbents in the classifications of Fleet Equipment Technician I, II and III who
are assigned to perform repair and maintenance on emergency response vehicles,
excluding fire apparatus, on a continuous and regular basis, and who possess a
nationally recognized certification for Emergency Vehicle Technician Level I or
II, shall be paid an assignment pay differential at a rate set five (5) salary rate
ranges (approximately 2.5%), respectively, for each certification, above his or her
then current base monthly salary step.
F. Incumbents in the classifications of Fleet Equipment Technician I, II, III, and
Fleet Equipment Supervisor, who maintain a valid State of California Class "A"
(Commercial) Driver's License and are assigned to an area that requires the
possession of a Class "A" license in the course and scope of their work shall be
paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her
then current base monthly salary step.
G. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually performing park mowing duties using
heavy mower equipment, shall be paid at a rate set twenty (20) salary rate ranges
(approximately 10%) above his or her then current base monthly salary step.
H. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually performing duties as a utilities
coordinator shall be paid at a rate set twenty (20) salary rate ranges
(approximately 10%) above his or her then current base monthly salary step.
1. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually perform duties as an irrigation
technician shall be paid at a rate set twenty (20) salary rate ranges (approximately
10%) above his or her then current base monthly salary step.
J. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually perform duties as a pesticide operator
shall have the opportunity to earn up to fifteen (15) salary rate ranges
(approximately 7.5%) above his or her then current base monthly salary step for
acquisition of the following: Department of Food & Agriculture Qualified
Applicator License = five (5) salary rate ranges (approximately 2.5%); Certificate
in Ornamental Horticulture = ten (10) salary rate ranges approximately 5%.
K. Incumbents in the classification of Park Maintenance Worker who maintain a
valid Certified Pool Operator license and who are assigned to and actually
perform duties as an aquatics technician shall be paid at a rate set five (5) salary
rate ranges (approximately 2.5%) above his or her then current base monthly
salary step.
5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a functional
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unit which includes two (2) or more Part Time Civil Service positions in the same or
lower classifications as the incumbent may be compensated for said duties upon mutual
agreement of the City and SEW and approval of the Department Head and the Executive
Director of Personnel Services. This compensation shall be referred to as "lead pay."
In addition, incumbents in the following classifications who are regularly and
continuously assigned to perform lead supervisory responsibilities shall receive lead pay
compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her
then current base monthly salary step: Buyer, Customer Services Representative,
Equipment Operator-Motor Sweeper, Information Services Representative, Librarian,
Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator,
Graphics Designer 11, Senior Accounting Assistant, Housing Specialist II, Senior
Librarian, Workforce Specialist 11, and Workforce Specialist 111. An incumbent in the
classification of Custodian who is regularly and continuously assigned to perform lead
supervisory responsibilities shall receive lead pay compensation at a rate fifteen (15)
salary rate ranges (approximately 7.5%) above his or her then current base monthly salary
step.
5.3 Bilingual Pay. An employee who is assigned by a Department Head or his or her
designee to a position requiring bilingual capability in both English and either Spanish,
Samoan, Vietnamese or other languages designated by the City Manager, shall be paid a
monthly assignment pay differential in accordance with the criteria and amounts set forth
below:
A. Certification by the Executive Director of Personnel Services as having
satisfactorily demonstrated conversational fluency in both languages for any
position requiring bilingual capacity.
B. Positions where it has been determined by the Department Head that bilingual
proficiency is essential to carry out duties and responsibilities of a critical and/or
emergency nature without ready access to backup assistance, or positions where
bilingual public contact is a major, essential or integral element of the work being
performed, shall be designated as Primary Bilingual Assignments. A qualified
incumbent of such position shall be paid a prorated amount based on $175 per
173.33 hours above his or her then current base hourly salary step.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not a
major, essential or integral element of the work, shall be designated as Secondary
Bilingual Assignments. A qualified incumbent of such position shall be paid a
prorated amount based on $40 per 173.33 hours above his or her base hourly
salary step for each full month of such assignment.
D. The number of such Primary and/or Secondary Bilingual Assignments shall be no
larger than the requirements of the department as determined by the Department
Head and the City Manager.
E. There shall be periodic recertification of such bilingual capability.
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5.4 Shift Differential.
A. Generally. An employee in a class represented by the Union who is continuously
and regularly assigned to a schedule of work which requires that he or she
actually work a minimum of four and one-half (4 %2) hours between the hours of
5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work
shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or
her then current base monthly salary step; except, however, such shift pay
differential shall not be applicable to employees in the classification of Park
Ranger and Supervising Park Ranger.
B. Early Morning Street Crews. A Street Maintenance employee who is assigned to
traffic painting or downtown cleanup crews who is continuously and regularly
assigned to a schedule of work which requires that he or she actually work at least
fifty percent (50%) of his or her normal daily work shift between the hours of
1:00 a.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work
shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or
her then current base monthly salary step.
C. Park Maintenance Worker. Employees in the class of Park Maintenance Worker
who are regularly and continuously assigned to a schedule of work which requires
that they actually work a minimum of two (2) weekend night shifts (4 %2 hours
between the hours of 5:00 p.m. and 7:00 a.m.) as part of his or her regular five (5)
day work schedule, shall be paid a special night shift differential of five (5) salary
rate ranges (approximately 2.5%) above his or her then current base monthly
salary step.
D. Standby Pay. Employees who are released from active duty but who are required
by their department to leave notice where they can be reached and be available to
return to active duty when required by the department at any time other than their
regularly scheduled working hours, shall be said to be on standby duty. Such
employees shall receive two hundred dollars ($200) per week when assigned to be
on standby duty.
Water Production staff shall be required to serve on standby duty and receive
standby pay as defined above. The City's preference shall be to accomplish the
above through volunteers; however, qualified employees may be directed to be on
standby if the number of volunteers is insufficient.
In addition to the $200 per week standby pay, if an employee is able to handle the
incident by phone or other electronic means without reporting to duty, he shall be
entitled to overtime pay at the rate of 15 minutes or actual time spent per incident
whichever is greater, paid at time and one-half (T '/2) per incident.
5.5 Temporary Upgrade Assignment Pay. In order to provide an equitable method of
compensating employees who are assigned temporarily to a vacant, full-time, budgeted,
higher-level position the following shall apply:
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A. General Guidelines.
1. Temporary Upgrade Assignments shall be limited to the temporary filling of
vacant, full-time, budgeted positions due to the termination, promotion or
authorized long-term absence of the incumbent. A temporarily vacant position
need not be a position without an incumbent.
2. Each such assignment may be terminated at any time, but in no event shall such
assignment continue beyond one hundred eighty (180) days of such assignment.
3. Prior to recommending to the City Manager that a pay differential for a
Temporary Upgrade Assignment be granted, the Department Head shall make the
following determinations:
a. The duties and responsibilities of the position to be filled are of such
nature that they cannot remain unassigned pending the return to duty of
the absent incumbent or preparation of an eligible list whichever is
applicable.
b. It is not practical to assign the duties of the vacant position to any other
employee or employees in the same or higher classification.
4. The City Manager or his designee must give written approval of all Temporary
Upgrade Assignments involving an increase in pay for the appointee.
B. Eligibility.
1. With the exception of those described in paragraph 3 below, regular, Part Time
Civil Service employees shall receive Temporary Upgrade Assignment Pay if the
following criteria are met:
a. The work assumed encompasses the majority of the typical duties and
responsibilities of the vacated position.
b. Employees must serve ten (10) consecutively scheduled working days of six
(6) hours in an acting capacity to qualify for assignment pay.
c. Normally granted holidays will be included in computing actual duty days.
2. Whenever practicable, the appointing authority shall rotate Temporary Upgrade
Assignments among all qualified employees.
3. Employees in the following categories shall not be assigned to Temporary
Upgrade work unless specifically authorized by the City Manager:
a. Non-permanent employees (Probationary, Part-time, Seasonal, etc.).
b. Employees performing work above their regular class in a training capacity.
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c. Part Time Civil Service employees.
C. Payment.
On the eleventh (11th) consecutively scheduled working day an employee has
been serving in a Temporary Upgrade Assignment, and for each additional
consecutively scheduled working day the employee so serves, he or she shall
receive the beginning rate (Step "AA") assigned to the higher classification or the
lowest rate in that range which is at least ten (10) salary rate ranges (5%) higher
than the current base salary rate he or she normally receives, whichever is greater.
If an employee has worked ten (10) consecutive days during the term of this
Agreement in a higher classification, the employee shall thereafter receive
upgrade pay for each day the employee is assigned to work in the higher
classification during the term of this Agreement. Employees must requalify for
an upgrade (Temporary Assignment) if the employee has not worked in this
specific upgrade assignment for a period of 18 consecutive months. The
employee shall only be considered to work in a higher classification if such work
is duly and specifically authorized by the employee's Department Head.
2. Special pay differentials, such as shift differential, bilingual pay, special skill pay,
etc., being paid to an employee prior to becoming eligible for Temporary Upgrade
Assignment Pay, will not be considered in computing the amount of higher pay to
which he or she is entitled in Subparagraph 5.5C above, unless the special
circumstances upon which said additive is based are also applicable to the
Temporary Upgrade Assignment and the employee otherwise meets the criteria
established for such pay differential.
3. Temporary Upgrade Assignments which entail moving an employee into a
classification represented by an employee unit other than that which represents his
or her permanent classification shall not include any change in fringe benefits for
the affected employee.
4. While working in a Temporary Upgrade Assignment, an employee will continue
to accrue, and have recorded, general, special or normal salary step increases in
the employee's permanent position; however, such salary increases will be paid
only to maintain the minimum five percent (5%) differential above the salary to
which an employee is entitled in his or her permanent position.
5.6 Assignments - Discretion. All assignments of personnel to positions set forth in Sections
5.1 through 5.5 above shall be made or revoked at the discretion of the Department Head.
5.7 Limitation on Assignment Pay Differentials. Employees covered by this Agreement and
already receiving assignment pay under section 5.1 of this article and who continue to
meet the qualifications described in the applicable assignment pay provisions of section
5.1 of this article shall continue to receive said pay under the current assignment pay
formulas. Current employees who become eligible for, and are assigned, and do in fact
begin receiving assignment pay under section 5.1 of this article prior to June 30, 2013,
shall continue to receive said pay under the current assignment pay formulas provided
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they continue to meet the qualifications described in the applicable assignment pay
provisions of section 5.1 of this article. Current employees who do not receive
assignment pay under section 5.1 of this article prior to June 30, 2013, will not thereafter,
be eligible to receive it.
Any employee hired after March 1, 2010 shall not be eligible to receive assignment pay
under the assignment pay provisions of section 5.1 of this article.
5.8 Career Development Incentives. Employees hired in a classification which requires an
International Code Council (ICC), International Conference of Building Officials (ICBO)
or similar nationally recognized certificating organization certificate as a prerequisite to
hiring, either upon appointment or by the time of the employee's passage of probation
("regular appointment"), shall not be eligible for career incentive pay for that prerequisite
certificate. However, he or she shall be eligible for career incentive pay for any other
certificates approved for his or her classification. In no event shall the application of this
Career Development Incentive Program result in an individual being eligible to earn more
than twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then
current base monthly base salary step.
A. An incumbent in one of the classifications listed below will be paid at a rate set
ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step for each of the following: valid registration as a Registered
Engineer by the State of California and valid registration as a Structural Engineer
by the State of California (a total of twenty (20) salary rate ranges (approximately
10%) for possession of both). Additionally, said incumbents who possess a valid
certificate issued by the ICC, ICBO, (or similar nationally recognized certificating
organization in the areas of accessibility/usability (one specialty area), or
residential energy plan check or non-residential energy plan check, shall be paid
an incentive pay differential at a rate set above his or her then current base
monthly salary step in accordance with the following schedule: one certificate
from one specialty area: five (5) salary rate ranges (approximately 2.5%); an
additional certificate from a second specialty area (total of two): ten (10) salary
rate ranges (approximately 5%); an additional certificate from a third specialty
area (total of three): fifteen (15) salary rate ranges (approximately 7.5%).
o Assistant Engineer I
o Assistant Engineer II
o Senior Assistant Engineer
o Senior Engineer, Senior Traffic Engineer, or Senior Civil Engineer
o Assistant Engineer - Transportation (T)
o Associate Engineer - Transportation (T)
o Assistant Plan Check Engineer I
o Assistant Plan Check Engineer II
o Associate Plan Check Engineer
o Senior Plan Check Engineer
o Senior Transportation Analyst
B. An incumbent who was employed as of August 16, 1991 in the classifications of
Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check
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Engineer, Senior Plan Check Engineer and who, as of December 31, 1987, had
possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to
be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or
her then current base monthly salary step. However, effective January 1, 1998,
said ten (10) range differential shall be reduced to five (5) salary rate ranges
(approximately 2.5%) for any incumbent of said classifications who is issued his
or her initial certificate on or after January 1, 1988.
C. An incumbent in one of the classifications listed below who possesses a valid
certificate issued by the ICBO, ICC, or similar nationally recognized certificating
organization in the areas of building inspection, electrical inspection, mechanical
inspection, plumbing inspection, combination dwelling inspection, plan
examining, accessibility/usability (one (1) specialty area), residential energy plan
check, or non-residential energy plan check shall be paid an incentive pay
differential at a rate set above his or her then current base monthly salary step in
accordance with the following schedule: one certificate from one specialty area:
five (5) salary rate ranges (approximately 2.5%); an additional certificate from a
second specialty area (total of two): ten (10) salary rate ranges (approximately
5%); an additional certificate from a third specialty area (total of three): fifteen
(15) salary rate ranges (approximately 7.5%); an additional certificate from a
fourth specialty area (total of four): twenty (20) salary rate ranges (approximately
10%); and an additional certificate from the fifth specialty area (total of five):
twenty-five (25) salary rate ranges (approximately 12.5%).
o Building Inspector o Senior Building Inspector
o Electrical Inspector o Senior Electrical Inspector
o Plumbing Inspector o Senior Plumbing Inspector
o Combination Building Inspector o Senior Combination Building
Inspector
o Building Technician
o Plan Examiner (T) o Plan Examiner (T) Electrical
o Senior Plumbing and Mechanical o Senior Electrical Systems
Systems Specialist Specialist
D. Incumbents in the classifications of-
o Community Preservation Technician
o Community Preservation Inspector
o Senior Community Preservation Inspector
o Community Preservation Inspector II (T)
Who obtain or possess a valid certificate issued by the ICBO (International
conference of Building Officials), ICC (International Code Council), SCACEO
(Southern California Association of Code Enforcement Officers), or any similar
nationally recognized certificating organization in any four (4) of the following
Career Development Incentive areas shall receive incentive pay worth five (5)
salary rate ranges (approximately 2.5%) for each certificate, not to exceed five (5)
certificates or a total of twenty-five salary rate ranges (approximately 12.5%). If
an incumbent has obtained four (4) such certificates from the menu below, he or
she then shall be eligible to earn an additional five (5) salary rate ranges
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(approximately 2.5%) pay additive upon completion of both the
SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications:
o Building Inspection
o Electrical Inspection
o Mechanical Inspection
o Plumbing Inspection
o Combo Dwelling Inspector
o Plans Examiner
o Zoning Inspection
o Property Maintenance and Housing
o PC 832
o Basic Module (SCACEO/CACEO)
o Accessibility Inspector/Plans Examiner
o Permit Technician
o Coastal and Floodplain Construction Inspector
o Disaster Response Inspector
If an incumbent has already completed both the SCACEO/CACEO Intermediate/
and the SCACEO/CACEO Advanced certifications, upon completion of any other
four (4) certificates from the menu above, said employee shall be eligible to
receive the additional five (5) salary rate ranges (approximately 2.5% total) pay
additive for the Intermediate/Advanced certifications.
In no event shall the expansion of current certificate pay opportunities result in an
employee being eligible to earn more than twenty-five salary rate ranges
(approximately 12.5%) in pay additives for Career Development Incentives above
his or her then current base monthly salary step.
E. An incumbent in one of the classifications listed below who possesses a valid
certificate issued by the ICBO, ICC, or similar nationally recognized certificating
organization in the areas of reinforced concrete, structural masonry, structural
steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27
landscape contractors license, shall be paid an incentive pay differential at a rate
set above his or her then current base monthly salary step in accordance with the
following schedule: one certificate from one specialty area: five (5) salary rate
ranges (approximately 2.5%); an additional certificate from a second specialty
area (total of two): ten (10) salary rate ranges (approximately 5%); an additional
certificate from a third specialty area (total of three): fifteen (15) salary rate
ranges (approximately 7.5%); an additional certificate from a fourth specialty area
(total of four): twenty (20) salary rate ranges (approximately 10%); and an
additional certificate from a fifth specialty area (total of five): twenty-five (25)
salary rate ranges (approximately 12.5%).
o Construction Inspector I
o Construction Inspector II
F. Any incumbent in the classification of Contracts Administrator who possesses a
valid certificate issued by the ICBO, ICC, or similar nationally recognized
certificating organization in the areas of plumbing inspection, electrical
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inspection, plans examiner, C27 landscape contractors license, turf grass
management, or certified arborist (ISA), shall be paid an incentive pay differential
at a rate set above his or her then current base monthly salary step in accordance
with the following schedule: one certificate from one specialty area: five (5)
salary rate ranges (approximately 2.5%); an additional certificate from a second
specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an
additional certificate from a third specialty area (total of three): fifteen (15) salary
rate ranges (approximately 7.5%); an additional certificate from a fourth specialty
area (total of four): twenty (20) salary rate ranges (approximately 10%); and an
additional certificate from a fifth specialty area (total of five): twenty-five (25)
salary rate ranges (approximately 12.5%).
G. An incumbent in one of the classifications listed below who possesses a valid
certificate issued by the International Society of Arboriculture (ISA) as a certified
arborist, shall be paid at a rate of set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step.
o Projects Manager
o Tree Maintenance Supervisor
o Tree Trimmer
o Maintenance Worker Il (assigned to the tree crew)
o Public Works Projects Specialist
o Landscape Development Associate
H. An incumbent in the classification of Maintenance Worker II (assigned to the tree
crew), who possesses a valid certificate issued by the International Society of
Arboriculture (ISA) as a certified Tree Worker, shall be paid at a rate of set five
(5) salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
5.9 Limitation on Career Development Incentive Pay. Employees covered by this Agreement
and already receiving career development incentive pay under section 5.8 of this article
and who continue to meet the qualifications described in the applicable career
development incentive pay provisions of section 5.8 of this article shall continue to
receive said pay under the current career development incentive pay formulas. Current
employees who are eligible for, and do in fact begin receiving career development
incentive pay prior to June 30, 2012, shall continue to receive said pay under the
applicable career development incentive pay provisions of section 5.8 of this article.
Current employees who do not receive career development pay prior to June 30, 2012,
will not thereafter be eligible to receive it. However, current employees who are eligible
to qualify for career development incentive pay under the terms of section 5.8 of this
article, and who are awaiting the results of a qualifying examination or other measurement
taken prior to June 30, 2012, shall receive career development incentive pay upon
confirmation of a passing result.
Any employee hired after March 1, 2011, shall not be eligible to receive career
development incentive pay under the career development incentive pay provisions of
section 5.8 of this article.
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ARTICLE VI
6.0 OVERTIME
6.1 General Policy for Overtime Work. When it shall be determined to be in the public
interest for employees to perform overtime work, or in an emergency situation, the City
Manager, the Department Head, or a duly authorized representative of the City Manager
or the Department Head, may require an employee to perform overtime work.
6.2 Definition. Overtime work is defined as:
A. That authorized or required time worked in excess of eight (8) hours per day
and/or 40 hours per week. A workweek is a fixed and regularly recurring period
of 168 consecutive hours - 7 consecutive 24-hour periods - as designated by the
appointing authority. An employee's work schedule within the workweek shall
not be changed to avoid payment of overtime; provided, however, nothing shall
abridge management's right to establish and change work schedules and
assignments in accordance with the rights of management contained in Article
XX, infra.
B. Work on any regularly scheduled non-work day of which there shall be two (2)
per week, if work on any regularly scheduled non-work day is worked at
management's direction.
6.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour
workweek, the following type of work hours shall be included in the computation: actual
work time, jury/witness leave and bereavement leave. Any combination of these work
hours in excess of eight (8) hours per day or forty (40) hours per week shall entitle the
employee to overtime compensation.
However, paid time off for vacation leave, sick leave, holiday leave, compensatory time
off, Union President's Leave and Union Business Leave shall not be credited towards the
forty (40) hour workweek, unless the employee is required to work by management.
6.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (1 %2) times the employee's regular rate of pay,
subject to the provisions of Subsection "C" below.
B. Should the Department Head determine that the best interests of the City will be
served thereby, his or her designee may permit an employee to be compensated
for overtime work by taking paid compensatory time off at the rate of one and
one-half (1 %2) times the employee's regular base rate of pay.
C. Employees shall have the option to convert a maximum of eighty (80) hours of
time and one-half (1 %2) paid overtime (in compensation for 53 1/3 overtime hours
worked) to time and one-half (1 %2) compensatory time off benefits. Such
compensatory time off shall be taken at the discretion of the employee subject to
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the operational needs and staffing requirements of the department.
D. Time off with pay to compensate for overtime worked may be accumulated to a
maximum of eighty (80) hours.
E. Because each hour of overtime worked is programmatically accrued on a time and
one-half (1 1/2) basis, compensatory time off will be taken, and monetary payment
will be paid, on a straight-time basis. Also, upon termination, any earned, unused
compensatory time off ("time-on-the-books") will be paid on a straight-time
basis.
F. Time off with pay to compensate for overtime worked may be taken in increments
as small as a half (%2) hour.
G. If compensatory time off is used in excess of that available, such excess
compensatory time off will be deducted from the next scheduled wage or salary
payment.
H. Time off with pay as compensation for overtime may not be granted or taken in
advance of the overtime work for which the time off compensates. Before
compensatory time off with pay may be taken, as herein provided, the overtime
worked must have been recorded on official payroll records at or about the time
the overtime work was performed. In the absence of such recording, no
compensatory time off with pay will be permitted.
1. Upon an employee's appointment to a position in which overtime may not be
earned or upon an employee's separation from employment with the City by
resignation, retirement, layoff or otherwise, he or she shall forthwith be
compensated for any overtime accumulated to the time immediately preceding
such promotion or separation.
6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee
benefits (retirement, vacation, and sick leave accrual), toward the completion of
probationary period or to progression within a salary rate range.
6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so,
the Department Head or his or her designee shall arrange work programs to minimize
overtime work. Necessary overtime work shall be apportioned among employees of like
classification and assignment.
6.7 Call-Back Duty. Any employee covered by this Agreement who is recalled to active duty
from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 ''/2) times
the normal hourly pay rate for such employee for time actually worked after reporting to
the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater.
6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake,
strike, riot or other catastrophe or emergency which directly affects City operations or the
welfare of the City's citizens, the City Manager may declare a state of emergency to
exist. Upon the declaration of a state of emergency, the City Manager may require any or
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all Part Time Civil Service employees of the City to work overtime or off-shift as he or
she shall determine to protect life and property within the City.
6.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of
the Fair Labor Standards Act to local governmental entities is eliminated by either
legislative or judicial action, they shall meet and confer regarding any proposed changes
to this Agreement; however, no such changes shall be made except on mutual agreement.
ARTICLE VII
7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
(NOT APPLICABLE)
ARTICLE VIII
8.0 HOLIDAYS
8.1 Legal holidays observed by Part Time Civil Service permanent and probationary
employees of the City of Santa Ana are as follows:
o January 1 - New Year's Day.
o Third (3`d) Monday in January - In observance of Martin Luther King, Jr.'s Birthday.
o Third (3`d) Monday in February - In memory of Presidents' Day.
o Last Monday in May - In commemoration of Memorial Day.
o July 4th - In observance of Independence Day.
o First (1St) Monday in September - In observance of Labor Day.
o November 11th - In observance of Veteran's Day.
o Fourth (4th) Thursday in November - In observance of Thanksgiving Day.
o The Friday immediately following Thanksgiving Day.
o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in
which instance, the day following Christmas Day shall be observed in lieu thereof.
o December 25th - In observance of Christmas Day.
o One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees.
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o Any holiday which falls on a Sunday will be observed on the following Monday.
o Any holiday which falls on a Saturday will be observed on the Friday preceding the
holiday.
8.2 Each Part Time Civil Service employee shall be entitled to receive pay for six (6) hours
for each of the holidays specified in 8.1 above. This shall equate to a total of 72 hours
per calendar year.
8.3 A newly appointed employee must actually work at least one (1) day preceding the day a
holiday listed in Section 8.1, supra, actually occurs in order to receive credit for such
holiday during the month in which it occurs.
An employee separating from the service of the City must actually work at least one (1)
day following the day a holiday listed in Section 8.1, supra, actually occurs in order to
receive compensation for the holiday.
A newly appointed employee must complete six (6) months of continuous Part Time
Civil Service in order to receive credit for the Floating Holiday listed in Section 8.1
above.
8.4 Holiday benefits may not be carried over from one (1) calendar year to the next.
ARTICLE IX
9.0 VACATION
9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule and this purpose will be used as a guide
in the administration of the provisions of this Article.
9.2 Administration.
A. Effective July 1, 2005, the City and Union agree to increase each Part Time Civil
Service employee's annual vacation accrual from 30 hours to 72 hours. In order
to effectuate this increase for the 2005-06 fiscal year, effective with the paycheck
of June 20, 2006, each Part Time Civil Service employee shall be credited with an
additional 42 hours vacation leave. Beginning July 1, 2006 and each month
thereafter, each employee shall earn six (6) hours per month of vacation, for a
total maximum accrual of 72 hours per year.
B. A Part Time Civil Service employee who has completed less than one year's
service during the calendar year shall receive a proportionate fraction in
accordance with the amount of service to his or her credit during the year;,
provided, however, no Part Time Civil Service employee shall be entitled to or
receive payment for any vacation until he or she has completed six (6) months of
continuous service.
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C. On or after the first (1St) day of the month following completion of six (6) months
of continuous Part Time Civil Service, an employee may be allowed to take all, or
a proportionate fraction of, his or her earned vacation, subject to scheduling
approval of the employee's supervisor.
D. Limit: The maximum total accumulation of vacation leave with pay shall be two
hundred (200) hours. Vacation time off may be taken in increments as small as
one-half (%2) hour with fractional usage rounded upward to the next higher
multiple of one-half (%2).
E. Computation of Regular Vacation.
1. Should an employee be confined to a hospital for sickness or injury while
on authorized vacation, each full day of such confinement, when
confirmed by a physician's statement and approval of the Department
Head, may be deducted from the computation of vacation expended and
charged against the employee's accumulated sick leave.
2. No employee shall have the right to accumulate or split his or her
vacation, but the same may be allowed or required by the Department
Head. The time at which an employee shall take his or her vacation shall
be determined by the Department Head, with due regard for the wishes of
the employee and particular regard for operational needs.
9.3 Excess Usage. If vacation time off is used in excess of that available, such excess
vacation time off will, first, be deducted from any available compensatory time off
accrual; finally, deducted from the next scheduled salary payment.
9.4 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period
in excess of fifteen (15) consecutive calendar days shall not be considered as service time
for regular vacation accrual purposes.
ARTICLE X
10.0 OTHER LEAVES OF ABSENCE
10.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to
mean absence from duty of an employee because of illness, injury, medical, or
dental appointment that prevents the employee from performing the duties of his
or her position, and shall be deemed to include time in quarantine resulting from
exposure to a contagious disease.
B. Administration. Effective July 1, 2005, the City and Union agree to increase each
Part Time Civil Service employee's annual sick leave accrual from 30 hours to 72
hours. In order to effectuate this increase for the 2005-06 fiscal year, effective
with the paycheck of June 20, 2006, each Part Time Civil Service employee shall
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be credited with an additional 42 hours sick leave. Beginning July 1, 2006 and
each month thereafter, each employee shall earn six (6) hours per month of sick
leave, for a total maximum annual accrual of 72 hours per year.
C. Authorized Only When Necessary. Use of sick leave by City employees shall be
authorized as follows:
1. Sick leave is not a right which an employee may use at his or her
discretion, but shall be allowed only in cases of actual sickness and
disability, or necessity, as authorized in Subsection J below.
D. Limit. The total maximum accumulation of sick leave with pay shall be 200
hours. Sick leave usage of less than a full day shall be charged in minimum
increments of one-half ('/2) hour, with fractional usage rounded upward to the next
higher multiple of one-half (%2).
E. Extended. The City Manager may grant leave up to six (6) months without pay to
an employee who has exhausted all of his or her accrued sick leave if the City
physician or a licensed physician designated by the City Manager indicates that
the employee will be sufficiently recovered to return to his or her employment
within a six (6) month period. Prior to the expiration of the additional time, the
employee may return to his or her position provided that the employee has a
certificate from one of the above mentioned physicians stating that the employee
is able to perform all the duties of his or her position without qualification. In
addition to the above, the City Manager may grant a further extension not to
exceed a total of one (1) year without pay.
F. Extension by Use of Accrued Compensatory Time Off. After an employee's sick
leave has been exhausted, he or she may be granted permission to use any unused
compensatory time off benefits or unused vacation leave.
G. Notice. The employee taking sick leave shall notify his or her immediate
supervisor either prior to or within four (4) hours after the time he or she is
scheduled to report for duty, or as otherwise established by departmental
regulations. When the absence is more than three (3) consecutive working days,
the employee must present to his or her Department Head a physician's certificate
stating that, in the physician's opinion, the employee could not report to work
because of such illness or injury and that the employee is sufficiently recovered to
safely return to work. Such certificate shall be transmitted to the Executive
Director of Personnel Services with the report of the employee's return to work.
A physician's certificate or other satisfactory written evidence of actual illness or
injury may be required after an absence of any duration less than three (3) days.
H. Denial. No employee shall be entitled to sick leave with pay while absent from
duty because of sickness or injury purposely self-inflicted or caused by willful
misconduct; or, sickness or disability sustained while engaged in employment
other than employment by the City, for monetary gain or other compensation, or
by reason of engaging in business or activity for monetary gain or other
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compensation.
Excess Usaae. If sick leave is used in excess of that due and available to an
employee, such excess sick leave will first be deducted from any available
compensatory time off benefit; second, deducted from vacation leave; third, from
the next scheduled salary payment.
J. Necessity Leave. Each employee shall be afforded the opportunity to use up to 36
hours of sick leave per calendar year, on a non-cumulative basis, as personal
necessity leave. All of this personal necessity leave may be used to attend to an
illness of a child, parent, or spouse of the employee. As used in this section,
"child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a
child of a person standing in loco parentis; "parent" means a biological, foster,
adoptive parent, a stepparent, or a legal guardian; and "immediate family" means
any member of the employee's household related by blood or marriage; a parent,
parent-in-law, spouse, child, brother, sister, grandparent, or grandchild of the
employee, regardless of residence; any other relative of the employee by blood or
marriage, where it can be established by the employee that the employee's
presence is required to handle emergency arrangements and/or other matters.
This 36 hours of personal necessity leave also may be used: a) to attend to a
serious accident to a member of the employee's immediate family; b) childbirth;
c) to cope with imminent danger to the employee's family, home, or other
valuable property; or d) when the existence of external circumstances beyond the
employee's control make it impossible for him or her to report for duty.
10.2 Military Leave.
A. Proof of Orders and Reinstatements.
if he or she furnishes the Executive
proof of his or her order to report fi
proof of actual service pursuant to
provided by law.
An employee shall be granted military leave
Director of Personnel Services satisfactory
>r duty. Upon return and upon showing of
uch orders, he or she will be reinstated as
B. Temporary. Members of the reserve forces of the United States, or the National
Guard, granted temporary leave when ordered to duty, will be granted leave with
pay not to exceed thirty (30) working days in each calendar year after the hourly
equivalent of one (1) year's service with the City upon presenting satisfactory
proof of orders to and from such temporary active duties.
10.3 Jury and Witness Leave. When an on-duty employee is called to serve as a juror or non-
party witness in any court action, he or she shall be allowed to leave for the time actually
required for such service, not to exceed six (6) hours per day, without loss of pay. Each
on-duty employee called for such service shall present to his or her Department Head for
examination the subpoena calling him or her to such service and shall pay into the City
Treasury the fees collected for such service, with the exception of reimbursement for
transportation expenses, if any.
10.4 Examination Leave. Employees participating in examinations conducted during their
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normal working hours for positions in the competitive service of the City of Santa Ana
will be granted leave with pay for the time actually required.
10.5 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal. Absence from duty without leave for five (5) consecutive
working days shall be deemed a resignation from service; provided, however, if upon
return to duty the person so absenting himself or herself makes an explanation
satisfactory to the Department Head regarding the cause of his or her absence, the
Department Head may restore him or her to his or her position, with the City Manager's
approval.
10.6 Authorized Absence Without Pay - Short Term. Absence without pay not to exceed five
(5) consecutive working days, may be authorized by the Department Head. Absence
without pay not to exceed fifteen (15) calendar days may be authorized by the
Department Head with the approval of the City Manager. Such an absence may be
authorized only if in the judgment of the Department Head it serves the best interest of
the City.
10.7 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from
an employee having permanent status, plus action by the Department Head
recommending approval of the request, the City Manager may grant a leave of absence
without pay for up to six (6) months.
In addition to the above, the City Manager may grant a further extension not to exceed a
total of one (1) year leave of absence without pay.
An employee returning to duty with the City shall inform the Department Head and the
Executive Director of Personnel Services of his or her intention at least thirty (30)
calendar days prior to the expiration of the six (6) month period, or shorter period if the
full six (6) months is not taken. Upon receipt of such notice, the Department Head will
take steps necessary to restore the employee to his or her former position.
10.8 Pregnancy Disability Leave. A pregnant employee is entitled to a reasonable leave of
absence without pay for any temporary disability resulting from pregnancy, miscarriage,
childbirth or recovery there from. Such reasonable leave of absence shall not exceed four
(4) months. However, an employee may be granted up to an additional two (2) months of
leave, at the discretion of the City Manager, for a total of up to six (6) months in which to
recover from the disability if substantiated by a physician's certificate.
Employees may take an unpaid leave of absence during pregnancy disability consistent
with the law. As with all other temporary disabilities, a physician's certificate is required
to verify the extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable notice (not less
than four (4) weeks) before the date she will take the leave and the estimated duration of
the leave. Health and welfare insurance coverage will be continued only if the employee
continues to pay a cash premium to continue coverage while on a leave of absence
without pay.
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10.9 Family Medical Leave Act. The City shall comply with all applicable provisions of the
Family Medical Leave Act (FMLA).
10.10 Bereavement Leave.
A. An employee shall be granted up to three (3) working days' leave of six (6) hours
each without loss of pay in case of death of a member of the employee's
immediate family. Such leave is designated as bereavement leave. "Immediate
family" as used in this section is limited to:
1. Any member of the employee's household related by blood or marriage;
2. A parent, parent-in-law, stepparent, spouse, child, stepchild, brother,
stepbrother, sister, stepsister, grandparent, or grandchild of the employee,
regardless of residence;
3. Any other relative of the employee
established by the employee that
employee's presence is required
matters of estate.
by blood or by marriage where it can be
is a result of such relative's death, the
to handle funeral arrangements and/or
B. An employee may use up to twelve (12) hours of additional leave charged to their
Personal Necessity Leave balance when authorized by the Department Head.
10.11 Industrial Leave. Any period of time during which an employee is required to be absent
from his or her position by reason of an industrial injury or industrial illness for which he
or she is entitled to receive compensation shall not be considered a break in continuous
service for the purpose of his or her right to salary adjustments or to the accrual of
vacation and seniority.
ARTICLE XI
11.0 EMPLOYEE INSURANCE
11.1 Health Insurance. Part Time Civil Service employees shall be eligible to participate in
the City's medical, dental and vision insurance programs only. Effective July 1, 2006,
the City shall contribute $100 per month per employee toward the payment of premiums
for medical and dental insurance coverage for employees currently enrolled in the City's
insurance program.
11.2 Long-Term Disability (L.T.D) Insurance. Effective as soon as practicable following
Council approval of this Agreement, the City shall allow employees, for the term of this
Agreement, to participate in any aspect of the Plan offered to the City at the City rate.
The cost for this benefit shall be borne by the employee.
11.3 Life Insurance. Effective as soon as practicable following Council approval of this
Agreement, the City shall allow employees, for the term of this Agreement, to participate
in any aspect of the plan offered to the City at the City rate. The cost for this benefit shall
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be borne by the employee.
11.4 Vision Plan. The City shall offer a non-contributory vision plan through payroll
deduction for employees wishing to participate in such a plan.
11.5 Insurance Committee. When there is a need to discuss matters relating to employee
insurance and the City believes it would be beneficial to involve an Insurance Committee,
the Union shall have an equal number of representatives as the City on such a committee
to meet as necessary.
ARTICLE XII
12.0 RETIREMENT
12.1 General. The terms of the existing contract between the City and the California Public
Employees' Retirement System (Ca1PERS) governing City retirement benefits for
affected employees are incorporated by reference herein. Each Part Time Civil Service
employee shall be a member of the Ca1PERS system, and the City shall make
contributions to Ca1PERS in accordance with its contract with Ca1PERS for affected
employees covered by said contract as amended.
12.2 Deferred Retirement. Effective July 1, 2009, the City began to make payments to
Ca1PERS on behalf of each affected employee, in an amount necessary to pay 100% of
his or her individual retirement contribution. This amount increased from seven percent
(7%) to eight percent (8%) on January 1, 2009. Such payments shall be credited to the
individual employee's Ca1PERS account.
Such payments are not increases in base salary and no salary rate range applicable to any
of the employees covered by this Agreement shall be changed or deemed to have been
changed by reason thereof. As a result, the City will not treat these payments as ordinary
income and, thus, will not withhold federal or state income tax from said payments. The
City has received an opinion or ruling from the Internal Revenue Service confirming that
these payments are deferred compensation and not ordinary income. In the event that the
City receives a ruling on or after July 1, 2009 from the Internal Revenue Service that
such payments are ordinary income of the employees instead of deferred compensation,
the City's obligation to make such payments shall discontinue, and in place thereof, the
base salary of each employee shall be increased forthwith by sixteen (16) salary rate
ranges (approximately 8%) after January 1, 2009.
For the purpose of reporting an employee's compensation to Ca1PERS, the City shall
include these payments as if they were a part of the employee's base salary.
12.3 2.7% at 55 Retirement Benefit. Effective January 1, 2009, the City agrees to amend its
retirement contract with CalPERS to provide miscellaneous employees covered by this
Agreement with the 2.7% at 55 Service Retirement benefit. Pursuant to CalPERS
regulations, this new formula will apply to employees that are in active status on the date
this amendment takes effect. This new formula will apply to each year of eligible service
credited with the City of Santa Ana.
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Payment of New 2.7% at 55 Service Retirement Benefit. Effective July 1, 2009,
Miscellaneous employees covered by this Agreement agreed to pay 6.3% of Ca1PERS
reportable compensation toward the cost of the 2.7% at 55 enhanced retirement formula
as set forth in Article IV, Section 4.3C. Effective as soon as practicable following
Council approval of this Agreement, Miscellaneous employees covered by this
Agreement agree to pay an additional 1.7% (for a total of 8%) toward the cost of the
2.7% at 55 enhanced retirement formula.
Pre-taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service
regulations, the City shall make the above employee deduction as a pre-tax contribution.
12.4 Credit for Unused Sick Leave. Effective as soon as practicable following Council
approval of this Agreement, an employee covered by this Agreement can have unused,
accumulated sick leave at the time of retirement converted to additional service credit at
the rate of 0.004 years of service credit for each eight (8) hours of unused sick leave.
12.5 Military Service Credit as Public Service. Effective as soon as practicable following
Council approval of this Agreement, an employee covered by this Agreement may elect
to purchase up to four (4) years of service credit for any continuous active military,
Reserve Forces, National Guard or merchant marine service prior to employment. The
employee must contribute an amount equal to the contribution for current and prior
service that the employee and the employer would have made with respect to that period
of service.
ARTICLE XIII
13.0 TOOL REIMBURSEMENT POLICY
13.1 Employees classified as Fleet Equipment Technician I, II, or III, or Fleet Equipment
Supervisor shall continue to provide such tools as are ordinarily used in the trade which
shall be the personal tools of the mechanic. The City will continue with one (1) or more
vendors an account(s) for said employees who have at least one (1) year of service in
such classifications. Such employees shall be allowed up to $900 per fiscal year with
such vendor(s) in order to purchase tools which, in the sole determination of the Fleet
Services Manager, are necessary for the performance of such employee's job duties. The
City's policy and procedure for the replacement of stolen tools shall be the same as it
existed prior to the effective date of this Agreement. The City shall bear no liability or
responsibility for such tools except as provided in this Section.
ARTICLE XIV
14.0 UNIFORM MAINTENANCE
14.1 All employees who are required by the City to wear a uniform while on duty shall
continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to
the employees. All field/yard maintenance, custodial and equipment repair employees
shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee.
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All Police Records Personnel and the Senior Office Assistants assigned to the traffic
window shall be provided three (3) sets of uniforms made of dacron and one (1) wool
sweater. The Union agrees that any such employee who wishes to be provided with one
(1) or more additional clean sets per week above the amounts specified above will be
required to pay the extra cost incurred for such additional set(s).
ARTICLE XV
15.0 SAFETY
15.1 General. The City and the employees of the City agree to comply with all applicable
Federal, State and local laws and the City of Santa Ana regulations, which relate to health
and safety.
15.2 Central Safety Committee. Part Time Civil Service employees are eligible to serve on
the City's Central Safety Committee. However, in no case shall the total number of
SEIU members (both Full Time and Part Time Civil Service) exceed two (2)
representatives and two (2) alternates.
15.3 Safet Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per
affected employee, for the purchase and/or repair of approved safety shoes/boots.
The option of purchase and/or repair shall be at the sole discretion of the
employee.
B. All safety shoes/boots purchased under this program must have steel reinforced
toes and insteps and bear the official stamp of approval from the American
National Standards Institute (ANSI), z-41.
C. If a particular class of employment is designated as requiring its incumbents to
wear safety shoes, then it will be mandatory for all incumbents of that class to
wear the type of safety shoe (boot or low-quarter) deemed to be appropriate by the
Department Head. (Some exemptions may be allowed, on a case-by-case basis,
depending on the type and amount of exposure to hazard in particular positions
and subject to the approval or disapproval of the City's Safety Officer).
D. The procedure necessary to be followed for the implementation and operation of
this program shall be in accordance with the existing policies and procedures as
previously established by the City.
ARTICLE XVI
16.0 RESIDENCY
16.1 Employees covered by this Agreement are permitted to reside outside the limits of Santa
Ana so long as such residency is not an unreasonable distance from, nor requires an
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unreasonable response time to, the particular employee's place of employment. It shall
not be deemed an unreasonable distance within the meaning of this section if the
employee resides within the area of a circle drawn with the City Hall of the City of Santa
Ana as the center and the radius of which extends to the southernmost point of the
County of Orange, or if the employee otherwise resides within 25 miles of regularly
scheduled metrolink, bus, or other common carrier transportation service to Orange
County.
A. Any employee desiring to take advantage of the opportunity to reside outside of
the area stated within this section shall first request permission to do so from the
Department Head. Said request shall be granted by the Department Head if he or
she determines the intended residence is not an unreasonable distance from and/or
does not require an unreasonable response time to the employee's place of
employment.
B. If the Department Head refuses the said request, the employee shall have a right
to appeal said determination to the City Manager.
ARTICLE XVII
17.0 GRIEVANCE REVIEW PROCEDURE
17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees or the Union concerning the interpretation or
application of specific provisions of this Agreement, or of the rules and regulations
governing personnel practices or working conditions of the City, except, however, those
matters specifically assigned to the jurisdiction of the City Personnel Board by those
provisions of the City Charter and the Civil Service Rules and Regulations.
17.2 Informal Process - First Step
A. An employee and/or his or her designated representative must first attempt to
resolve the grievance on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case, beyond a period of
fifteen (15) working days after the occurrence of the alleged incident giving rise
to the grievance, or when the grievant knew or should have reasonably become
aware of the facts giving rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the grievance through
this informal means at the most immediate level of supervision.
C. In order that this informal procedure may be responsive, both parties involved
shall expedite this process. If, within fifteen (15) working days, a mutually
acceptable solution has not been reached at the informal level, the employee
and/or the employee's designated representative shall then set forth the grievance
in writing, indicate the nature of the action desired, sign it, and submit it in
duplicate to the employee's Department Head. At this point, the grievance review
process becomes formal. Should the grievant fail to file a written grievance, and
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in the manner specified above, within fifteen (15) working days after first
discussing the grievance with the employee's immediate supervisor, the grievance
shall be barred and waived.
D. Any resolution of the grievance at the informal stage by any person other than a
middle manager or above shall not become precedence or be used to establish past
practice regarding implementation, interpretation, or application of this
Agreement.
17.3 Formal Process.
A. Second Step. The Department Head or his or her designated representative shall
meet with the employee and/or the employee's designated representative within
fifteen (15) working days after the grievance has been submitted to the
Department Head. The Department Head, or his or her designated representative,
shall review the grievance and may affirm, reverse or modify the disposition
made at the First Step and shall deliver his or her answer to the employee and/or
the employee's designated representative within ten (10) working days after said
meeting.
B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the
employee and/or the employee's representative may submit the grievance in
writing to the City Manager or his or her designated representative within thirty
(30) days of being informed of the disposition made at the Second Step. Failure
of the grievant and/or his or her designated representative to take this action will
constitute a waiver and bar to the grievance, and the grievance will be considered
settled on the basis of the disposition made at the Second Step.
The City Manager or his or her designated representative shall meet with the
employee and/or the employee's designated representative within fifteen (15)
working days after submission of the grievance. The City Manager, or his or her
designated representative, after careful review, may affirm, reverse, or modify the
disposition made at the Second Step and his or her decision, which shall be final
and binding, shall be delivered in writing, to the employee and/or the employee's
designated representative within fifteen (15) working days after said meeting.
A copy of the written grievance to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her representative's written
decision, shall be filed in the personnel records of the department and the
grievant's personnel jacket maintained in the City Personnel Services Department.
17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted,
the grievant, the Union, and the City shall have all rights and remedies to pursue said
grievance under the law.
ARTICLE XVIII
18.0 UNION RIGHTS
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18.1 Release Time for Union Grievance Representatives. The Union shall have the right to
appoint/elect a reasonable number of representatives who are recognized by the City as
officers or worksite leaders/stewards.
A. Such reasonable number of worksite leaders/stewards recognized by the City and
specified within the Full Time SEIU MOU shall be increased by one (1) for the
Part Time Civil Service category of employment, to a total of 16.
B. The City's Executive Director of Personnel Services shall be provided with a list
of names and classification titles of the Union's officers as set forth in the Santa
Ana City Employees, Chapter 1939/Service Employees International Union Local
721 Bylaws, as well as the names and classification titles of all worksite
leaders/stewards and other Union representatives. The Union agrees to inform the
City in writing of any changes in said list within ten (10) calendar days.
C. During the term of this Agreement, the City agrees to grant up to a total of two
hundred (200) hours per fiscal year on a non-cumulative basis to enable the
officers and worksite leaders/stewards to assist other bargaining unit employees in
processing grievances under the Grievance Review Procedure; provided,
however, that such officers and worksite leaders/stewards shall make advance
arrangements with their supervisors prior to absenting themselves for such
purpose. The officers and worksite leaders/stewards shall be required by the City
to record and report to their supervisors the work time spent in assisting other
bargaining unit employees pursuant to this provision of the Agreement.
D. Union Business Leave Time. In addition to the two hundred (200) hours per
fiscal year provided by the City on a non-cumulative basis, officers and worksite
leaders/stewards shall be granted an additional three hundred (300) hours per
fiscal year on a non-cumulative basis paid by the Union from the bank of hours or
directly by the Union. The purpose of this additional three hundred (300) hours
per fiscal year shall be to enable the officers and worksite leaders/stewards to
assist the bargaining unit employees in processing grievances under the Grievance
Review Procedure and for union activities which may include conventions,
seminars and meetings. However, such officers and worksite leaders/stewards
shall make arrangements with their supervisors prior to absenting themselves for
such purposes. The officers and worksite leaders/stewards shall be required by
the City to record and report to their supervisors on the work time spent on Union
business.
Time spent by officers or worksite leaders/stewards on Union Business leave
time, under this Letter of Agreement, shall not be considered time worked for
computation of overtime according to the Fair Labor Standards Act.
E. If, at some point in the future, the President for the SEW bargaining unit is
elected from the Part Time Civil Service category of employment, then all rights
and privileges pertaining to President's leave shall apply.
18.2 Worksite Access.
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A. Officers, worksite leaders/stewards and/or paid Union representatives shall be
permitted to visit break and lunch areas designated by the City, before or after
work or during designated lunch periods for the purpose of discussing Union
business, provided that arrangements are made in advance with the manager
responsible for the worksite.
B. Such visits shall not disrupt the work of City employees, interfere with the normal
operations of the department or with established safety and security requirements.
Where any such problems arise, the Union and the City will agree on an alternate
meeting/conference facility for the purpose of providing a place for the Union to
hold a meeting before or after work or during lunch periods. If the City facility
provided the Union as an alternate meeting site during non-working hours is a
public meeting room, its scheduling and use shall be governed in accordance with
regulations pertaining to the use of public meeting rooms at City facilities.
C. Solicitations of membership and all activities concerned with the internal
management of the Union, such as collecting dues, holding membership meetings,
preparation of petitions, preparation of proposals, campaigning for office,
conducting elections and distributing literature, shall not be conducted during
working hours.
D. Officers and employees may perform those duties assigned to them by the Union,
but in no event shall they have the right to interfere with the performance of work
of any other employee or interfere with City operations or to call a strike,
slowdown, work stoppage, sympathy strike or take any economic action against
the City.
18.3 Release Time for Employee Representatives.
A. In the event that the Union is formally meeting and conferring with
representatives of the City on matters within the scope of representation during
regular City business hours, a reasonable number of officers, employee
representatives or other officials of the Union shall be allowed reasonable time off
without loss of compensation or other benefits.
B. Such officers and employee representatives shall not leave their duty or work
station or assignment without the prior knowledge of their supervisor or such
supervisor's supervisor.
C. Such meetings are subject to scheduling in a manner consistent with City
operating needs and work schedules.
18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's
existing employee bulletin boards for the purpose of posting notices pertaining to Union
business, subject to the following conditions:
A. Materials posted by the Union shall not include campaign material on municipal
election matters, including elections for City Council, other City positions, or
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other municipal political matters.
B. Material posted shall not be derogatory to the City, City employees or other
employee organizations.
C. All materials shall be dated, identify the Union and bear the signature of the
authorized representative(s) of the Union responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of employee
bulletin boards are to be allocated to Union materials.
E. If the Union does not abide by these provisions, it will forfeit its right to have
materials posted on the City's employee bulletin boards.
F. The Union shall not be permitted to post any material that is prohibited by State
law or the City Charter.
18.5 Use of City Facilities. The City shall allow the Union to conduct meetings in the City's
public meeting rooms during non-working hours provided such meetings are scheduled in
accordance with regulations governing the use of public meeting rooms at City facilities;
provided, however, the Union shall not be permitted to use City facilities to discuss or
present any matter that is prohibited by State law or the City Charter.
ARTICLE XIX
19.0 DUES DEDUCTION & INDEMNIFICATION
19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Union, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City
shall remit such funds to the Union within thirty (30) calendar days following their
deduction.
19.2 Agency Shop.
A. All employees represented by the Santa Ana City Employees,
Chapter I 939/Service Employees International Union Local 721, AFL-CIO, shall,
as a condition of continuing employment become and remain members of the
Union or shall pay to the Union a service fee in lieu thereof.
B. Any employee hired by the City subject to this Memorandum of Understanding
shall be provided, through the Personnel Services Department, with an
authorization form for the deduction of Union dues. Said employee shall have
thirty (30) working days following the initial date of employment to fully execute
the authorization form of his or her choice and return said form to the
Agency/Department payroll section.
The effective date of Union dues, service deductions or charitable contribution for
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such employees shall be the beginning of the first pay period of employment.
C. Any employee of the City subject to this Memorandum of Understanding who
wishes to execute a written declaration claiming a religious exemption from
paying Union dues, and who is a member of a bona fide religion, body or sect
which has historically held conscientious objections to joining or financially
supporting a public employee organization and which is recognized as such by the
Public Employer Relations Board, shall, upon presentation of verification of
active membership in such religion, body or sect be permitted to make a
charitable contribution equal to the service fee in lieu of Union membership or
service fee payment. Declarations or applications for religious exemption and any
supporting documentation shall be forwarded to the Union within fifteen (15)
calendar days of receipt by the City. The Union shall have fifteen (15) calendar
days after receipt of a request for religious exemption to challenge any exemption
granted by the City Manager or his or her designee. If challenged, the deduction
to the charity of the employee's choice shall commence but shall be held in
escrow pending resolution of the challenge. Charitable contributions shall be by
regular payroll deduction only. For purposes of this section, charitable deduction
means a contribution to one of three non-profit organizations, with the United
Way being one of them.
The Santa Ana City Employees, Chapter 1939/Service Employees International
Union Local 721, AFL-CIO, shall indemnify and hold the City, its officers and
employees, harmless from any and all claims, demands, suits, or any other action
arising from the Agency Shop provisions herein. In no event shall the City be
required to pay from its own funds, Union dues, service fee or charitable
contributions, which the employee was obligated to pay, but failed to pay,
regardless of the reasons.
ARTICLE XX
20.0 CITY RIGHTS
20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the execution of
this Agreement. The sole and exclusive rights of Management, as they are not abridged
by this Agreement or by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to
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be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size
of the workforce by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions,
including but not limited to the right to contract for or subcontract any work or
operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assignments.
J. To relieve employees from duties for lack of work or similar non-disciplinary
reason, subject to the provisions of the City Charter, Municipal Code, Federal and
State law and this Agreement.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper
cause in accordance with the provisions set forth in the City Charter and Santa
Ana Municipal Code.
M. To determine job classifications and to reclassify employees
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Agreement.
0. To determine policies, procedures, and standards for selection, training and
promotion of employees.
P. To establish employee performance standards including but not limited to quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
20.2 Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of
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Management's rights shall impact on a significant number of employees of the bargaining
unit, the City agrees to meet and confer in good faith with representatives of the Union
regarding the impact of the contemplated exercise of such rights prior to exercising such
rights, unless the matter of the exercise of such rights is provided for in this Agreement.
ARTICLE XXI
21.0 STRIKES & WORK STOPPAGES
21.1 Prohibited Conduct.
A. The Union, its officers, agents, representatives, and/or members agree that during
the term of this Agreement, they will not cause or condone any unlawful strike,
walkout, slowdown, sick-out, or any other unlawful job action by withholding or
refusing to perform services.
B. Any employee who participates in any conduct prohibited in Subsection A above
shall be subject to suspension, demotion or dismissal by the appointing authority
without right of appeal to the Personnel Board in accordance with City Charter
Section 1014.
21.2 Union ResponsibilitX. In the event that the Union, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Section 1, Subsection A above of
this Article, the Union shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this Agreement and unlawful, and they must
immediately cease engaging in the conduct prohibited in said Section 1, Subsection A
above, and return to work.
ARTICLE XXII
22.0 LAYOFFS
22.1 The City agrees to inform the Union as soon as possible if and when a decision is made to
reduce positions represented by the Union through layoff.
If it is decided to contract out work, the City shall provide the Union reasonable notice of
the decision; meet and confer with the Union over the impact of the decision; will
seriously consider reasonable alternatives provided by the Union; and if any bargaining
unit member is laid off as a result of the decision, the City shall make a reasonable effort
to place said employee with the contracting company.
22.2 In the event of a reduction-in-force, part time employees in any City office, activity or
department shall be laid off prior to laying off Part Time Civil Service Employees as
above defined. Wherever possible, Part Time Civil Service Employees in the
classification shall be laid off prior to Full Time employees in the same classification.
22.3 The principles of seniority (length of service) shall govern layoffs as described herein,
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except in the event that more than one (1) employee has the same seniority date, in which
case performance also shall be considered. The City's determination of performance
shall not be arbitrary or capricious in nature. Any dispute over the application of the
principles outlined in this Article XXII shall be subject to the grievance procedure.
A. Classification seniority is defined as length of service in the classification, and
shall begin on the first date worked by the employee in that classification.
Whenever a position within a classification is to be eliminated, resulting in the
layoff of an employee, seniority shall govern the order of layoff. The employee
with the lowest seniority in the affected classification shall be laid off first.
B. In lieu of layoff, an employee may elect to work in a lower classification, in
which he has served, providing that classification is within the same job
family/career ladder. In that event, the employee's length of service in the next
lower classification will be added to his length of service in the affected
classification, and said combined seniority shall be used to bump down into the
next lower classification. This method of combining seniority shall be applied to
subsequent lower classifications.
C. The reemployment list shall be valid for one (1) year from the date of its
establishment. Reemployment shall be in reverse order of layoffs. The Joint
Labor Management Committee will determine Job Family/Career Ladder.
22.4 A bargaining unit employee who is laid off from Part Time Civil Service employment
pursuant to this Article, may be granted a temporary appointment to a vacant Part Time
Civil Service position in any classification for which there is no eligible list and for
which said employee meets the minimum qualifications established for the classification
and possesses the requisite knowledge, skills and abilities to satisfactorily perform the
work of the classification. Such temporary appointment will be terminated upon the
establishment of a new eligible list for the classification or one (1) year following the
initial day of such temporary appointment, whichever occurs first.
22.5 Effective upon Council approval of this Agreement, the City agrees there shall be no
layoffs of members of this bargaining unit (PTCS) through December 31, 2011.
ARTICLE XXIII
23.0 MISCELLANEOUS PROVISIONS
23.1 The City agrees to provide a list each month to the Union with names and class titles of
bargaining unit employees who have separated from City service, and the names and
class titles of bargaining unit employees who have been hired. The Union agrees to pay
the City's cost of producing said list(s). A complete list of bargaining unit employees
and their addresses will be provided to the Union once every fiscal year.
23.2 The City agrees to distribute Union membership pamphlets to bargaining unit employees
at the new employee orientation sessions conducted by the City.
23.3 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
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absence without pay by the City Manager because of a catastrophic medical condition or
injury, the City and Union agree to implement a Catastrophic Leave Donation Program.
Nothing herein shall be construed to alter City policies and procedures as provided in the
Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with
regard to granting unpaid leaves of absence.
The Catastrophic Leave benefit will be provided for non-industrial injury or sickness
only. The leave shall cover the uncompensated time prior to the employee's becoming
eligible for the L.T.D. benefits.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
Employees may donate vacation, compensatory time, or one (1) in lieu
holiday to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two week period to submit donations.
Donations received after this two week period shall not be processed. The
two week period for each case shall be designated by the Department
Head or his or her designee as provided herein below.
3. Donations shall be for a minimum of two (2) hours and a maximum of six
(6) hours per donor. All donations must be made in two (2) hour
increments, except in lieu holidays must be for six (6) hours.
4. Any authorization of donations not made in accordance with the
procedures outlined in Section C, Subparagraph 2 below, will not be
processed.
All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave.
B. Eligibility. Part Time Civil Service employees shall be eligible for Catastrophic
Leave Donations if the following criteria are met:
1. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, and vacation will be exhausted and the
employee's illness will continue past the time when the employee will be
on paid status.
2. The employee's Department Head, or his or her designee, has approved a
written request for donations accompanied by a medical statement from
the employee's attending physician. The attending physician's statement
must verify the employee's need for an extended medical leave and an
estimate of the time the employee will be unable to work.
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C. Procedure.
1. Upon receipt of a valid request for donations from an eligible employee,
the Department Head or his or her designee shall post a notice of the
eligible employee's need for donations on bulletin boards accessible to
employees. No confidential medical information shall be included in the
posted notice.
2. Employees wishing to donate time to an eligible employee must sign his
or her authorization of the transfer of such donated time and provide:
a. His or her name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subparagraph 3
above;
C. The name, department and employee number of the recipient;
d. A statement indicating that the donor understands such donation of
time is irrevocable.
3. At the close of the two (2) week donation period, the department shall
verify that each donating employee has accrued vacation and/or
compensatory time balances sufficient to cover the designated donation.
4. The department shall submit all approved donation authorizations for an
eligible employee at one time for processing. No donation authorizations
for the eligible employee will be processed after this period. However,
employees who receive donations under this procedure and who exhaust
all donated hours may request an additional donation period subject to the
provisions of Section A, herein.
5. The City shall add the donated time to the recipient's sick leave account.
In no event shall the total time credited to an employee's sick leave
balance exceed 200 hours, pursuant to Article X, Section 10.1.D.
23.4 Full Time Eligible Lists. Part Time Civil Service employees, upon their written request,
shall be placed on the Full Time transfer eligible list for the classification in which they
are employed. Certification from that list shall be in accordance with all existing Civil
Service rules.
23.5 Joint Labor-Management Teams. The City and the Union agree to form Joint Labor-
Management teams for the purpose of exploring issues of mutual concern. Each team
shall be comprised of an equal number of labor and management employees and shall be
chaired by the Executive Director of Personnel Services or his/her designee. In no case
shall the activity of a team create a delay or hindrance to the ongoing operation of the
City. The City and the Union shall hold an initial meeting no sooner than one (1) month
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from the date of ratification of this Agreement and upon the Union's written request to
meet to determine team composition, frequency of meetings and meeting schedules.
A. The teams to be formed are:
Job Classification Studies (for purposes of identifying positions in which the
duties and responsibilities have increased in complexity as a result of City
restructuring/job consolidation occurring during the term of the expiring
2004-10 MOU or during the term of the current 2010-13 MOU to determine
if positions or job families would be appropriate for job classification studies
where previously existing positions have been eliminated and/or removed
from the list of budgeted positions and higher-level job duties reassigned to
or absorbed by other classified positions). For purposes of this section,
classification reviews will be conducted pursuant to Article IV, Section 4.13
(A-E).
2. Web Page Hosting (for purposes of developing a City-hosted web page
presenting explanatory information regarding employee compensation,
including illustrated explanation of employee payroll statements to assist
mortgage services and other similar persons engaged in qualifying
employees for loan modifications through either lender or governmental loan
modification programs).
B. Previously authorized teams to be reconvened as needed:
Career Ladder/Job Family (for the purpose of developing career ladder/job
family series to be used in promotions or in the event of layoffs.
23.6 Performance Appraisals. Non-probationary performance appraisals not completed within
six (6) months of the due date shall be stayed and the employee shall next become subject
to evaluation upon the end of the evaluation period next following, provided that merit
advance performance appraisals shall be completed in accordance with Article IV,
section 4.8.
23.7 Request for Classification Review. Any employee who, for a continuous period
exceeding one (1) year, believes he or she is regularly and consistently performing duties
and/or responsibilities not in conformance with their classification concept, or duties
and/or responsibilities of another classification, may request a classification review of
their position through their supervisor to the Department Head. The employee must
submit their request on a form specified by the Executive Director of Personnel Services,
outlining in writing how they believe their current duties and/or responsibilities differ
from their classification concept.
A. The Department Head will review the employee's submitted request and within
sixty (60) days will make one of the following determinations:
1. Will support the employee's request.
a. If the Department Head supports the employee's request for a
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classification review, he or she shall forward the request to the
Executive Director of Personnel Services along with justification
for support of the employee's request.
b. The Department Head shall notify the employee that his or her
request has been submitted to the Executive Director of Personnel
Services.
2. Will not support the employee's request.
a. If the Department Head does not support the employee's request
for a classification review, he or she shall notify the employee of
this decision in writing and set forth the basis for the decision.
b. If the Department Head does not support the employee's request,
but agrees that some of the duties and/or responsibilities being
performed by the employee are those of a higher level City
classification, he or she can do the following:
i. Return the employee to performance of the duties and/or
responsibilities of their proper classification.
ii. Eliminate the higher duties and/or responsibilities being
performed by the employee, for which the City has agreed
are those for which it shall provide higher compensation.
B. Any employee request for classification review approved by the Department Head
shall be forwarded to the Executive Director of Personnel Services. The
Executive Director of Personnel Services shall confirm receipt of the request in
writing to the employee. Within sixty (60) days of receipt of the request, the
Executive Director of Personnel Services shall notify the employee and
Department Head of the decision as to whether a study will be conducted. If the
Executive Director of Personnel Services determines that a study is appropriate,
the Executive Director of Personnel Services shall so notify the employee and the
Department Head in writing and shall provide the employee and Department
Head with an approximate start date for the study.
C. All determinations of the Department Head and the Executive Director of
Personnel Services are final.
D. All studies and study findings shall require City Manager approval before
proceeding.
E. All recommendations resulting from study findings require the approval of the
City Council and shall be implemented in accordance with the City's Civil
Service rules.
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ARTICLE XXIV
24.0 SOLE & ENTIRE AGREEMENT
24.1 It is understood and agreed that the parties to this Memorandum of Understanding are
subject to all current and future applicable Federal and California laws, the City of Santa
Ana Charter and Municipal Code, as well as the City's Employer-Employee Relations
Resolution (#81-75). It is the intent of the parties hereto that the provisions of this
Agreement shall supersede all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral or written, express or implied between
the parties, and shall govern the entire relationship and shall be the sole source of any and
all rights which may be asserted hereunder. This Agreement is not intended to conflict
with Federal or State law or the City Charter.
The City will continue to provide employees covered by this Agreement a reduced size
copy of this Agreement and its attachments and including a section containing the
Employer-Employee Relations Resolution of the City of Santa Ana.
24.2 Notwithstanding the foregoing, there exists within the City personnel rules and
regulations and departmental rules and regulations. These rules and regulations shall be
continued to the extent they do not contravene specific provisions of this Agreement.
Such rules and regulations may, from time to time, be changed by the City. If these
changes affect wages, hours, and/or other terms and conditions of employment, the City
shall meet and confer with the Union; provided, further, however, no provision of the
rules and regulations shall be changed to contravene specific provisions of this
Agreement.
ARTICLE XXV
25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
25.1 During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours and terms and conditions of
employment, whether or not covered by the Agreement or in the negotiations leading
thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Agreement. Regardless of the waiver contained in this Article, the parties may, however,
by mutual agreement, in writing, agree to meet and confer about any matter during the
term of this Agreement.
ARTICLE XXVI
26.0 EMERGENCY WAIVER PROVISION
26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances,
provisions of this Agreement or the Personnel Rules or Resolutions of the City, which
43
25A-45
restrict the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is declared over, this Agreement will
be reinstated immediately. The Union shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of the provisions in the
Agreement during the course of the emergency.
ARTICLE XXVII
27.0 SEPARABILITY PROVISION
27.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full
force and effect for the duration of this Agreement, provided that if any such affected
provisions invalidate or void any benefits of employees covered hereunder, the parties
shall forthwith commence negotiations to replace the invalidated benefits with benefits of
comparable value.
ARTICLE XXVIII
28.0 TERM OF AGREEMENT
28.1 The term of this Agreement shall be from July 1, 2010 through June 30, 2013.
ARTICLE XXIX
29.0 RATIFICATION & EXECUTION
29.1 The City and the Union have reached an understanding as to certain recommendations to
be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage and salary resolution which
will provide for the changes contained in said joint recommendations. The City and the
Union acknowledge that this Letter of Agreement shall not be in full force and effect
until ratified by the membership of the Union and adopted by the City Council of the City
of Santa Ana. Subject to the foregoing, this Letter of Agreement is hereby executed by
the authorized representatives of the City and the Union and entered in to this day of 19th
day of September, 2011.
Dated:
Dated:
CITY OF SANTA ANA, a municipal
corporation of the State of California
By:
Mayor
By:
Interim City Manager
44
25A-46
Dated:
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
45
25A-47
By:
Executive Director of Personnel
Services
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
1939/Service Employees International Union Local 721.
Dated:
Michael Sherritt
General Manager
SEIU Local 721
Joaquin Avalos
President
SEIU Local 721 Santa Ana Chapter
Angelo Giron
PTCS Member
SEIU Local 721
Santa Ana Chapter
46
Rose Rangel
Negotiator I
SEIU Local 721
Sandi Gottlieb
PTCS Member
SEW Local 721 Santa Ana Chapter
25A-48
Exhibit A
SALARY SCHEDULE MATRIX
0 1 2 3 4 5 6 7 8 9
38 1332 1338
39 1399 1405
40 1469 1476
41 1542 1549
42 1619 1627
43 1700 1708
44 1785 1793
45 1874 1883
46 1968 1977
47 2066 2076
48 2169 2179
49 2277 2288
50 2391 2402
51 2511 2523
52 2637 2650
53 2769 2782
54 2907 2921
55 3052 3067
56 3205 3221
57 3365 3381
58 3533 3550
59 3710 3728
60 3896 3915
61 4091 4111
62 4296 4317
63 4511 4533
64 4741 4764
65 4978 5002
66 5226 5252
67 5488 5515
68 5762 5790
69 6050 6080
70 6353 6384
71 6670 6702
72 7005 7039
73 7355 7391
74 7723 7761
75 8109 8149
76 8515 8557
77 8941 8985
78 9388 9434
79 9857 9906
80 10350 10401
81 10868 10922
82 11411 11468
83 11982 12041
84 12581 12643
1345
1413
1483
1557
1635
1717
1802
1892
1987
2086
2190
2299
2414
2536
2663
2796
2936
3082
3237
3398
3568
3747
3935
4132
4339
4556
4787
5026
5278
5542
5818
6110
6415
6735
7073
7427
7799
8189
8599
9029
9482
9955
10453
10976
11525
12102
12707
1352
1420
1491
1565
1643
1725
1811
1902
1997
2097
2201
2311
2427
2548
2676
2810
2950
3098
3253
3415
3586
3765
3954
4152
4360
4579
4810
5051
5304
5569
5847
6140
6446
6768
7107
7463
7837
8229
8641
9073
9529
10005
10506
11031
11583
12162
12770
1358 1365
1427 1434
1498 1506
1573 1580
1651 1659
1734 1742
1820 1830
1911 1921
2007 2017
2107 2118
2212 2223
2322 2334
2439 2451
2561 2574
2690 2703
2824 2838
2965 2980
3113 3129
3269 3285
3432 3449
3604 3622
3784 3803
3974 3994
4173 4194
4382 4404
4601 4624
4834 4858
5076 5101
5330 5356
5596 5623
5876 5905
6170 6200
6478 6510
6801 6835
7141 7176
7499 7535
7875 7913
8269 8309
8683 8725
9117 9161
9577 9625
10055 10105
10558 10611
11086 11142
11640 11699
12223 12284
12834 12898
47
25A-49
1372
1441
1513
1588
1668
1751
1839
1930
2027
2128
2234
2346
2463
2587
2717
2853
2995
3144
3302
3467
3640
3822
4014
4215
4426
4648
4882
5126
5382
5650
5934
6230
6542
6869
7211
7571
7951
8349
8767
9205
9673
10156
10664
11198
11757
12345
12963
1379
1448
1521
1596
1676
1760
1848
1940
2037
2139
2246
2357
2475
2600
2730
2867
3010
3160
3318
3484
3658
3841
4034
4236
4448
4671
4906
5151
5408
5678
5963
6260
6574
6903
7247
7609
7989
8389
8809
9250
9721
10207
10717
11254
11816
12407
13027
1386 1393
1455 1463
1528 1536
1604 1612
1684 1693
1769 1778
1857 1866
1950 1960
2048 2058
2150 2160
2257 2268
2369 2381
2488 2500
2613 2626
2744 2758
2881 2896
3025 3040
3176 3192
3335 3352
3501 3519
3676 3695
3861 3880
4054 4074
4257 4278
4470 4493
4694 4718
4930 4954
5176 5201
5434 5461
5706 5734
5992 6021
6291 6322
6606 6638
6937 6971
7283 7319
7647 7685
8029 8069
8431 8473
8853 8897
9296 9342
9770 9819
10258 10309
10771 10825
11310 11366
11875 11934
12469 12532
13093 13158
25A-50
EXHIBIT B
SANTA ANA CITY EMLOYEES CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO
FOR FISCAL YEARS JULY 1, 2010 THROUGH JUNE 30, 2013
7/1/2010 1/1/2011 7/1/2011 7/1/2012
RANGE RANGE RANGE RANGE
JOB TITLE NO. NO. NO. NO.
ACCOUNTANTI 637 642 642 642
ACCOUNTANT II 665 670 670 670
ACCOUNTING ASSISTANT 586 591 591 591
ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 586 591 591 591
ACCOUNTS PAYABLE SUPERVISOR 640 645 645 645
ARTS ADMINISTRATOR 638 643 643 643
ASSISTANT BUYER 601 606 606 606
ASSISTANT ENGINEER 1 705 710 710 710
ASSISTANT ENGINEER II 719 724 724 724
ASSISTANT FLEET EQUIPMENT TECHNICIAN 581 586 586 586
ASSISTANT INSTRUMENT TECHNICIAN 612 617 617 617
ASSISTANT LIBRARIAN 595 600 600 600
ASSISTANT PARKS/LANDSCAPE PLANNER 646 651 651 651
ASSISTANT PLAN CHECK ENGINEER 1 705 710 710 710
ASSISTANT PLAN CHECK ENGINEER II 719 724 724 724
ASSISTANT PLANNER 1 646 651 651 651
ASSISTANT PLANNER II 666 671 671 671
ASSISTANT TRAFFIC OPERATIONS ENGINEER 719 724 724 724
ASSOCIATE PARK AND LANDSCAPE PLANNER 696 701 701 701
ASSOCIATE PLAN CHECK ENGINEER 734 739 739 739
ASSOCIATE PLANNER 696 701 701 701
BIBLIOGRAPHIC TECHNICIAN 585 590 590 590
BOOKMOBILE OPERATOR 564 569 569 569
BUILDING INSPECTOR 646 651 651 651
BUILDING MAINTENANCE AIDE 564 569 569 569
BUILDING MAINTENANCE SUPERVISOR 656 661 661 661
BUILDING MAINTENANCE TECHNICIAN 604 609 609 609
BUILDING TECHNICIAN 598 603 603 603
BUSINESS TAX COLLECTOR/INSPECTOR 610 615 615 615
BUYER 650 655 655 655
BUYER/SYSTEMS TECHNICIAN 650 655 655 655
CENTRAL SERVICES SUPERVISOR 610 615 615 615
COMBINATION BUILDING INSPECTOR 646 651 651 651
COMMUNITY CENTER COORDINATOR 646 651 651 651
COMMUNITY CENTER REPRESENTATIVE 605 610 610 610
COMMUNITY DEVELOPMENT ANALYST 661 666 666 666
COMMUNITY DEVELOPMENT DISTRICT MANAGER 716 721 721 721
25A-51
COMMUNITY DEVELOPMENT RESOURCE COORD 696 701 701
COMMUNITY DEVELOPMENT TECHNICIAN
615
620
620 701
620
COMMUNITY EVENTS COORDINATOR 605 610 610 610
COMMUNITY EVENTS SUPERVISOR 671 676 676 676
COMMUNITY PRESERVATION INSPECTOR 646 651 651 651
COMMUNITY PRESERVATION TECHNICIAN 598 603 603 603
COMMUNITY SERVICES SUPERVISOR 691
691 691
COMPUTER OPERATIONS COORDINATOR 701 706 706 706
COMPUTER OPERATOR 610 615 615 615
COMPUTER PROGRAMMER 653 658 658 658
COMPUTER SYSTEMS ANALYST/PROGRAMMER 673 678 678 678
CONSTRUCTION INSPECTOR 1 646 651 651 651
CONSTRUCTION INSPECTOR II 656 661 661 661
CONTRACTS ADMINISTRATOR 646 651 651 651
CORRECTIONAL RECORDS SPECIALIST 547 552 552 552
CORRECTIONAL RECORDS SUPERVISOR 619 624 624 624
CUSTODIAL AIDE/PORTER 509 514 514 514
CUSTODIAN 539 544 544 544
CUSTODIAN SUPERVISOR 591 596 596 596
CUSTOMER SERVICE REPRESENTATIVE 594 599 599 599
DATA ENTRY OFFICE ASST 564 569 569 569
DATA ENTRY OPERATOR 555 560 560 560
DATA ENTRY SPECIALIST 564 569 569 569
DEPUTY CLERK OF THE COUNCIL 605 610 610 610
ECONOMIC DEVELOPMENT AIDE 615 620 620 620
ECONOMIC DEVELOPMENT SPECIALIST 1 666 671 671 671
ECONOMIC DEVELOPMENT SPECIALIST II 696 701 701 701
ECONOMIC DEVELOPMENT SPECIALIST III 726 731 731 731
ELECTRICAL INSPECTOR 646 651 651 651
EMPLOYMENT SERVICES FISCAL SPECIALIST 637 642 642 642
ENGINEERING AIDE
605 605
ENGINEERING DRAFTING TECHNICIAN 1 615 620 620 620
ENGINEERING DRAFTING TECHNICIAN II 646 651 651 651
ENVIRONMENTAL COORDINATOR 696 701 701 701
EQUIPMENT OPERATOR 605 610 610 610
EQUIPMENT OPERATOR - MOTOR SWEEPER (T) 605 610 610 610
EQUIPMENT OPERATOR - STREET (T) 605 610 610 610
EQUIPMENT OPERATOR - TRAFFIC PAINT 605 610 610 610
EQUIPMENT OPERATOR - WATER MAINTENANCE 605 610 610 610
EQUIPMENT OPERATOR - WATER SERVICES 610 615 615 615
EXECUTIVE SECRETARY 603 608 608 608
FACILITIES SUPERVISOR 656 661 661 661
FINANCE EXECUTIVE SECRETARY 603 608 608 608
FLEET EQUIPMENT SUPERVISOR 670 675 675 675
FLEET EQUIPMENT TECHNICIAN 1 611 616 616 616
FLEET EQUIPMENT TECHNICIAN If 631 636 636 636
FLEET EQUIPMENT TECHNICIAN III 646 651 651 651
25A-52
FLEET PARTS SPECIALIST 621 626 626 626
GENERAL MAINTENANCE AIDE 564 569 569 569
GENERAL MAINTENANCE LEADER 625 630 630 630
GENERAL MAINTENANCE SUPERVISOR 656 661 661 661
GENERAL MAINTENANCE WORKER 604 609 609 609
GIS ADMINISTRATOR 691 696 696 696
GRAPHICS DESIGNER 1 607 612 612 612
GRAPHICS DESIGNER II 627 632 632 632
GRAPHICS SUPERVISOR 666 671 671 671
HOUSING AUTHORITY AIDE 537 542 542 542
HOUSING AUTHORITY ANALYST 663 668 668 668
HOUSING AUTHORITY COORDINATOR 726 731 731 731
HOUSING AUTHORITY INTAKE SPECIALIST 552 557 557 557
HOUSING AUTHORITY OPERATIONS SUPV. 684 689 689 689
HOUSING PROGRAMS AIDE 575 580 580 580
HOUSING PROGRAMS ANALYST 684 689 689 689
HOUSING PROGRAMS COORDINATOR 726 731 731 731
HOUSING SPECIALIST 1 585 590 590 590
HOUSING SPECIALIST II 609 614 614 614
INFORMATION SERVICES REPRESENTATIVE 599 604 604 604
INSTRUMENT TECHNICIAN 626 631 631 631
INTAKE SPECIALIST 552 557 557 557
KENNEL ATTENDANT 496 501 501 501
LANDSCAPE DEVELOPMENT ASSOCIATE 696 701 701 701
LEAD ACCOUNTING ASSISTANT 620 625 625 625
LEAD CORRECTIONAL RECORDS SPECIALIST 589 594 594 594
LEAD POLICE RECORDS SPECIALIST 599 604 604 604
LEARNING CENTER TECHNICIAN 575 580 580 580
LIBRARIAN 635 640 640 640
LIBRARY AIDE 492 497 497 497
LIBRARY ASSOCIATE 585 590 590 590
LIBRARY SERVICES ASSISTANT 537 542 542 542
LIBRARY SPECIALIST 512 517 517 517
LIBRARY TECHNICIAN 575 580 580 580
LOAN SPECIALIST 636 641 641 641
MAIL CLERK/MESSENGER 518 523 523 523
MAINTENANCE ASSISTANT 539 544 544 544
MAINTENANCE WORKER 1 559 564 564 564
MAINTENANCE WORKER II 579 584 584 584
METER READER COLLECTOR 585 590 590 590
MICRO SYSTEMS PROGRAMMER 681 686 686 686
MICRO SYSTEMS TECHNICIAN 615 620 620 620
NETWORK ENGINEER 721 726 726 726
NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 681 686 686 686
OFFICE ASSISTANT 537 542 542 542
OFFICE SPECIALIST 512 517 517 517
OFFICE SUPERVISOR 606 611 611 611
50
25A-53
PARK MAINTENANCE AIDE 437 442 442 442
PARK MAINTENANCE INSPECTOR 1 569 569 569
PARK MAINTENANCE INSPECTOR II 613 613 613
PARK MAINTENANCE LEADER 608 613 613 613
PARK MAINTENANCE SUPERVISOR 656 661 661 661
PARK MAINTENANCE WORKER 564 569 569 569
PARK NATURALIST 564 569 569 569
PARK RANGER 625 630 630 630
PARKING METER OPERATIONS SUPERVISOR 618 623 623 623
PARKING METER TECHNICIAN 1 568 573 573 573
PARKING METER TECHNICIAN II 598 603 603 603
PERIODICALS TECHNICIAN 575 580 580 580
PERMIT PROCESSOR 584 589 589 589
PERMIT SUPERVISOR 666 671 671 671
PERMIT TECHNICIAN 636 641 641 641
PLAN EXAMINER (T) 665 670 670 670
PLANNING ASSISTANT 626 631 631 631
PLANNING COMMISSION SECRETARY 603 608 608 608
PLUMBING INSPECTOR 646 651 651 651
POLICE FISCAL OFFICER 684 689 689 689
POLICE FISCAL SERVICES SUPERVISOR 653 658 658 658
POLICE RECORDS SPECIALIST 557 562 562 562
POLICE RECORDS SUPERVISOR 624 629 629 629
POLICE SUPPLY SPECIALIST 585 590 590 590
POLICE SYSTEMS SUPPORT ANALYST 706 706 706
PRINCIPAL LIBRARIAN 655 660 660 660
PRINCIPAL PROGRAMMER ANALYST 721 726 726 726
PROGRAMMER ANALYST 681 686 686 686
PROJECTS MANAGER 706 711 711 711
PROPERTY CONTROL SPECIALIST 585 590 590 590
PROPERTY REHABILITATION ASSISTANT 585 590 590 590
PUBLIC WORKS CREW LEADER 625 630 630 630
PUBLIC WORKS DISPATCHER 569 574 574 574
PUBLIC WORKS PROJECTS SPECIALIST 666 671 671 671
PURCHASING ASSISTANT 575 580 580 580
PURCHASING SPECIALIST 586 591 591 591
PURCHASING SUPERVISOR 695 700 700 700
RECEPTIONIST 552 557 557 557
RECORDS SPECIALIST 580 585 585 585
RECREATION CENTER DIRECTOR 585 590 590 590
RECREATION LEADER 525 530 530 530
RECREATION PROGRAM COORDINATOR 605 610 610 610
RECREATION SUPERVISOR 656 661 661 661
REDEVELOPMENT ASSISTANT 646 651 651 651
REDEVELOPMENT PROJECT MANAGER 1 666 671 671 671
REDEVELOPMENT PROJECT MANAGER II 706 711 711 711
REDEVELOPMENT PROJECT MANAGER III 726 731 731 731
51
25A-54
REPROGRAPHIC EQUIPMENT OPERATOR 544 549 549 549
RESIDENTIAL CONSTRUCTION SPECIALIST 646 651 651 651
REVENUE AND CONTRACT COMPLIANCE AUDITOR 665 670 670 670
REVENUE PROCESSING ASSISTANT 555 560 560 560
REVENUE SUPERVISOR 640 645 645 645
SANITATION INSPECTOR 1 595 600 600 600
SANITATION INSPECTOR 11 636 641 641 641
SECRETARY 582 587 587 587
SECURITY ELECTRONICS TECHNICIAN 659 664 664 664
SENIOR ACCOUNTANT 684 689 689 689
SENIOR ACCOUNTING ASSISTANT 601 606 606 606
SENIOR ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 601 606 606 606
SENIOR ASSISTANT ENGINEER 734 739 739 739
SENIOR BUILDING INSPECTOR 666 671 671 671
SENIOR CIVIL ENGINEER 757 762 762 762
SENIOR COMBINATION BUILDING INSPECTOR 666 671 671 671
SENIOR COMMUNITY DEVELOPMENT ANALYST 690 695 695 695
SENIOR COMMUNITY PRESERVATION INSPECTOR 666 671 671 671
SENIOR CORRECTIONAL RECORDS SPECIALIST 574 579 579 579
SENIOR DEPUTY CLERK OF THE COUNCIL 635 640 640 640
SENIOR ELECTRICAL INSPECTOR 666 671 671 671
SENIOR ELECTRICAL SYSTEMS SPECIALIST 666 671 671 671
SENIOR ENGINEER 757 762 762 762
SENIOR FLEET EQUIPMENT SUPERVISOR 690 695 695 695
SENIOR GRADING SPECIALIST 666 671 671 671
SENIOR HOUSING SPECIALIST 647 652 652 652
SENIOR LAND SURVEYOR 767 772 772 772
SENIOR LIBRARIAN 640 645 645 645
SENIOR LIBRARY SERVICES ASSISTANT 564 569 569 569
SENIOR LIBRARY TECHNICIAN (T) 595 600 600 600
SENIOR OFFICE ASSISTANT 564 569 569 569
SENIOR OFFICE SPECIALIST 537 542 542 542
SENIOR PARK MAINTENANCE SUPERVISOR 686 691 691 691
SENIOR PLAN CHECK ENGINEER 757 762 762 762
SENIOR PLANNER 716 721 721 721
SENIOR PLUMBING INSPECTOR 666 671 671 671
SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. 666 671 671 671
SENIOR POLICE RECORDS SPECIALIST 584 589 589 589
SENIOR PROGRAMMER ANALYST 701 706 706 706
SENIOR RECEPTIONIST 582 587 587 587
SENIOR RECREATION CENTER DIRECTOR 590 595 595 595
SENIOR RECREATION SUPERVISOR 686 691 691 691
SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 666 671 671 671
SENIOR SYSTEMS ADMINISTRATOR 673 678 678 678
SENIOR TRAFFIC ENGINEER 757 762 762 762
SENIOR TRANSPORTATION ANALYST 757 762 762 762
SENIOR WATER MAINTENANCE SUPERVISOR 686 691 691 691
52
25A-55
SENIOR WATER SYSTEMS OPERATOR 646 651 651 651
STOCK CLERK 580 585 585 585
STOREKEEPER 615 620 620 620
STREET LIGHTING MAINTENANCE WORKER 615 620 620 620
STREET MAINTENANCE SUPERVISOR 656 661 661 661
STREET PAINTER 599 604 604 604
SUPERVISING ACCOUNTANT 706 711 711 711
SUPERVISING BUYER 680 685 685 685
SUPERVISING LIBRARIAN 668 673 673 673
SUPERVISING LIBRARY SERVICES ASSISTANT 569 574 574 574
SUPERVISING PARK RANGER 650 655 655 655
SURVEY PARTY CHIEF 679 684 684 684
SURVEY PARTY TECHNICIAN 1 615 620 620 620
SURVEY PARTY TECHNICIAN II 646 651 651 651
SYSTEMS ADMINISTRATOR 641 646 646 646
SYSTEMS SUPPORT ANALYST 701 706 706 706
SYSTEMS TECHNICIAN 581 586 586 586
TELECOMMUNICATIONS COORDINATOR 683 688 688 688
TELECOMMUNICATIONS CUSTOMER SERVICE REP. 594 599 599 599
TENANT SERVICES TECHNICIAN 582 587 587 587
TRAFFIC TECHNICIAN 669 674 674 674
TREASURY SERVICES SUPERVISOR 640 645 645 645
TREE MAINTENANCE SUPERVISOR 656 661 661 661
TREE TRIMMER 599 604 604 604
UTILITIES BILLING/SYSTEMS TECHNICIAN 594 599 599 599
UTILITY INSPECTOR 636 641 641 641
VIDEO TECHNICIAN 637 642 642 642
VISITOR SERVICES COORDINATOR 531 536 536 536
VOLUNTEER SERVICES COORDINATOR 625 630 630 630
WATER MAINTENANCE CREW LEADER 625 630 630 630
WATER MAINTENANCE SUPERVISOR 656 661 661 661
WATER MAINTENANCE WORKER II 579 584 584 584
WATER METER REPAIRER 1 584 589 589 589
WATER METER REPAIRER II 604 609 609 609
WATER QUALITY COORDINATOR 676 681 681 681
WATER QUALITY INSPECTOR 636 641 641 641
WATER QUALITY SUPERVISOR 656 661 661 661
WATER SERVICES CREW LEADER 630 635 635 635
WATER SERVICES METER REPAIRER 1 589 594 594 594
WATER SERVICES METER REPAIRER II 609 614 614 614
WATER SERVICES QUALITY COORDINATOR 681 686 686 686
WATER SERVICES QUALITY INSPECTOR 641 646 646 646
WATER SERVICES QUALITY SUPERVISOR 661 666 666 666
WATER SERVICES SUPERVISOR 661 666 666 666
WATER SERVICES UTILITY INSPECTOR 641 646 646 646
WATER SERVICES WORKER 1 564 569 569 569
WATER SERVICES WORKER II 584 589 589 589
53
25A-56
WATER SYSTEMS OPERATOR 1 592 597 597 597
WATER SYSTEMS OPERATOR II 612 617 617 617
WATER SYSTEMS OPERATOR III 626 631 631 631
WEB SYSTEMS TECHNICIAN 581 586 586 586
WEBSITE ENTRY SPECIALIST 555 560 560 560
WORK CENTER COORDINATOR 726 731 731 731
WORKFORCE SPECIALIST 1 581 586 586 586
WORKFORCE SPECIALIST II 606 611 611 611
WORKFORCE SPECIALIST III 626 631 631 631
WORKFORCE SPECIALIST IV 681 686 686 686
YOUTH SERVICES TECHNICIAN 575 580 580 580
ZOO ANIMAL REGISTRAR 586 591 591 591
ZOO CURATOR 635 640 640 640
ZOO CURATOR OF EDUCATION 635 640 640 640
ZOO EDUCATION SPECIALIST 586 591 591 591
ZOO KEEPER AIDE 496 501 501 501
ZOO KEEPER 1 556 561 561 561
ZOO KEEPER II 586 591 591 591
ZOO MAINTENANCE SUPERVISOR 635 640 640 640
2dA-57
25A-58
EXHIBIT C
RESOLUTION NO. 81-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS
IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA
WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and
enhance its administration of employer-employee relations and to protect the public by assuring at all times the
orderly and uninterrupted operations and services of City government; and
WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the
City and its employees, including provisions for (a) recognizing the rights of employees to join organizations of
their own choosing for the purpose of representation on matters affecting employee relations or to represent
themselves individually in dealing with the City; and (b) establishing equitable and uniform rules and procedures to
provide for the orderly and systematic presentation, consideration and resolution of employer-employee relations
matters; and
WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City
Employees' Association; Santa Ana Police Benevolent Association; Santa Ana Firemen's Benevolent Association;
and the American Federation of State, County and Municipal Employees, AFL-CIO, which are the only employee
organizations known to the City to have among their members employees of the City, concerning the rules and
regulations for the administration of employer-employee relations set forth herein; and
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows:
Section 1: Title of Resolution
This Resolution shall be known as the "Employer-Employee Relations Resolution of the City of Santa Ana".
Section 2: Definitions
As used in this Resolution, the following terms shall have the meanings indicated:
APPROPRIATE UNIT - means a unit of employee classifications or positions established pursuant to Section 11 of
this Resolution.
CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the
City Council or any duly authorized management employee as herein defined.
DAY - means calendar day unless expressly stated otherwise.
EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by
popular vote.
EMPLOYEE, CONFIDENTIAL - means an employee who is assigned to perform work directly involved in the
development, preparation or presentation of management positions with respect to employer-employee relations.
EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or
managing the implementation of City policies or programs, including but not limited to, department and assistant
department heads, division heads, and professional administrative staff employees employed to render advice and
assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer-employee
relations affairs of the City.
EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly
intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (b)
involving the constant exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field
of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in
an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or
from training in the performance of routine, mental, manual or physical processes.
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EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the
interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or
effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility
is not of merely routine or clerical nature, but requires the use of independent judgment.
EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which
has as one of its primary purposes representing such employees in their employment relations with the City;
provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or
national origin.
EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer-
employee relations designated pursuant to Section 3 hereof, or his duly authorized representative.
EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their
employee organization, or when used in a general sense, the relationship between City management and individual
employees or employee organizations.
GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee
organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer-
Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal
procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution,
charter provision, or memorandum of understanding.
IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a
point in their meeting and conferring in good faith where their differences concerning matters on which they are
required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result
in an agreement.
MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning as
intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation,
suggestion and advice. Mediation and conciliation are interchangeable terms.
MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and
conferring") - means the performance by duly authorized City representatives and duly authorized representatives of
a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly
upon the request of either party and continue for a reasonable period of time in order to exchange freely information,
opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to
the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a
proposal or to make a concession.
MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and
a recognized employee organization reached through meeting and conferring.
PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of
active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California
Penal Code, except that, for purposes of this Resolution only, "peace officer" does not mean a park patrolman,
security guard or a member of the fire department, whether the latter be serving as a member of an arson
investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the
status of peace officer for purposes other than that of this Resolution.
RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal
recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer
in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section
11 hereof, except those employees in such unit who have exercised their right not join an employee organization and
who choose to represent themselves individually with the City, or has been designated through a secret ballot
election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 11
of this Resolution.
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SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer-employee
relations including, but not limited to, wages, hours, and other terms and conditions of employment except,
however, that the scope of representation shall not include consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order.
Section 3: Designation of the Ci 's Employee Relations Officer
The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's
principal representative on all matters of employer-employee relations, with authority to meet and confer in good
faith on matters within the scope of representation, and to administer all provisions of this Resolution and the
employee relations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to
delegate his duties and responsibilities.
Section 4: Meet and Confer in Good Faith - Scope
City representatives and representatives of formally recognized employee organizations having exclusive
representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange
freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of
representation prior to the adoption by the City of its final budget for the ensuring year.
The City shall not be required to meet and confer in good faith on a subject preempted by Federal or State law or by
the City Charter.
Section 5: Notice
The City will give reasonable written notice to each recognized employee organization affected by any ordinance,
rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the
City, and each such organization shall be given the opportunity to meet and confer with the Employee Relations
Officer prior to such adoption.
In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation relating to matters
within the scope of representation must be adopted immediately without prior notice or meeting with recognized
employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
Section 6: Petition for Recognition
An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization
representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer
containing the following information and documentation:
Name and address of the employee organization.
Names and titles of its officers.
Names and titles of employee organization representatives who are authorized to speak on behalf of the
organization.
A statement that the employee organization has, as one of its primary purposes, representing the employees in their
employment relations with the City.
A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any
manner with, a regional or state, or national or international organization, and, if so, the name and address of each
such regional, state or international organization.
Certified copies of the employee organization's constitution and bylaws, including all amendments thereof.
A designation of those persons, not exceeding three in number, and their addresses, to whom sent by first class or
certified United States mail will be deemed sufficient notice on the employee organization.
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A statement that the employee organization is cognizant of the provisions of Section 3509 of the Meyer-Milias-
Brown Act.
A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or
national origin.
A description of the composition of the unit or units claimed to be appropriate, including the job classifications of
employees and the number of member employees therein, as well as a statement of reasons why the unit or units is
or are considered to be appropriate.
A statement that the employee organization has in its possession written proof, dated by the signer within six (6)
months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed
to be appropriate have designated the employee organization to represent them in their employment relations with
the City. Such written proof shall be made in such language and form as the Employee Relations Officer shall
prescribe and shall be submitted for confirmation to the Employee Relations Officer to a mutually agreed upon
disinterested third party. Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may
accept employee dues deduction authorization, using the payroll register for the period immediately preceding the
date of filing of a Petition of Recognition, as proof of employee support for the petitioning organization, except that
dues deduction authorizations for more than one employee organization for the account of any one employee shall
not be considered as proof of employee support for any employee organization, unless it can otherwise be shown
that the dues deduction for the petitioning organization is the only one which provides full membership rights and
privileges, including the right to vote.
A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized
Employee Organization representing the employees in the unit(s) claimed to be appropriate for the purpose of
meeting and conferring in good faith on all matters within the scope of representation.
The Petition, including all accompanying documents, shall be declared to be true, correct and complete, under
penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. The Employee
Relations Officer may require additional information as required by this Resolution to be included in the Petition.
The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized
employee organization affected thereby.
Section 7: City Response to Recognition Petition
Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine whether:
There has been compliance with the requirements of the Recognition Petition; and
The proposed representation unit is an appropriate unit in accordance with Section 11 of this Resolution.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall
within ten (10) days after making said determination, inform the petitioning employee organization, shall give
written notice of such request for recognition to the employees in the unit and shall take no action on said request for
thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee
Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such
determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The
petitioning employee organization may appeal such determination in accordance with Section 13 of this Resolution.
Section 8: Open Period for Filing Challenging Petition(s)
Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition
Petition(s) for an appropriate unit has been filed, any other employee organization may file a competing request to
be formally acknowledged as the recognized employee organization of the employees in the same or in an
overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in
the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit
claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in
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Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the
Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the
more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the
Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section
11 of this Resolution. The petitioning employee organizations shall have fifteen (15) days from the date notice of
such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to
conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution.
Section 9: Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the
Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures
subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which
have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no
organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons
employed full time in regular, permanent positions within the designated appropriate unit who were employed
during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election
commences, including those who did not work during such period because of illness, vacation or other authorized
leaves of absence, and who are employed by the City in the same unit on the date of election. An employee
organization shall be formally acknowledged as the Recognized Employee Organization for the designated
appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in
the election. If an election involving three or more choices, where none of the choices receives a majority of the
valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid
votes cast (that is, either between two employee organizations, or one employee organization and no representation);
the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be
held within fifteen (15) days following the certification of the initial election results.
There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period
affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the
election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be
borne in equal shares by the City and by each employee organization appearing on the ballot.
In cases where a Memorandum of Understanding between the City and an employee organization is in effect on the
effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the
unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority
representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be
presumed that when said Memorandum of Understanding terminates the employee organization shall continue to be
a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting
and conferring regarding matters within the scope of representation; provided, however, the employee organization
files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained
herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section
10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981.
Section 10: Procedure for Decertification of Recognized Employee Organization
A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a
majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only
during the month of January of any year following the first full year of recognition or during the thirty (30) day
period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of
Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification
Petition may be filed by employees or their representative, or an employee organization, and shall contain the
following information and documentation declared by the duly authorized signatory under penalty of perjury to be
true, correct and complete:
The name, address and telephone number of the petitioner and a designated representative authorized to receive
notices of requests for further information.
The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be
decertified as the representative of that unit.
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An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the
employees in the appropriate unit, and any other relevant and material facts relating thereto.
Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to
be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
The Employee Relations Officer can only accept those petitions which 1) request decertification of the current
formally recognized employee organization and 2) do not request to carve out another unit from the already
established appropriate unit.
An employee organization may file a Petition under this Section in the form of a Recognition Petition that conforms
to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements
hereunder.
The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition
Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination
is in the negative, he shall offer to consult thereof with the representative(s) of such petitioning employees or
employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the
employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees
or employee organization may appeal such determination in accordance with Section 13 of this Resolution.
If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is
reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent
Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen
(15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an
accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized
Employee Organization is voted, the question of representation. Such election shall be conducted in conformance
with Section 9 of this Resolution.
The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee
organization(s) challenging the incumbent recognized employee organization.
An employee organization which displaces another employee organization as a formally recognized employee
organization following an election conducted pursuant to this Section shall assume any existing Memorandum of
Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in
full force and effect for the balance of the term thereof.
Section 11: Policv and Standards for Determination of Appropriate Units
The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1)
the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees
to effectively and economically serve the public and 2) providing employees with effective representation based on
recognized community of interest considerations. These policy objectives require that the appropriate unit shall be
the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered
shall be:
Similarity of the general kinds of work performed, types of qualifications required, and the general working
conditions.
History of representation in the City and similar employment; except however, that no unit shall be deemed to be an
appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
The effect of the proposed unit on efficient operations of the City and the compatibility of the unit with the
responsibility of the City and its employees to serve the public.
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The effect on the administration of employer-employee relations created by the fragmentation of classifications and
proliferation of units.
Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or
related classification among two or more units.
Notwithstanding the foregoing, management employees shall only be included in a unit consisting solely of
management employees and confidential employees shall be included in a unit consisting solely of confidential
employees.
When the City establishes new classifications or positions, or modifies the job content of an existing classification or
position, the Employee Relations Officer shall, after notice to and consultation with all affected employee
organizations, determine which, if any, representation unit shall include such new or modified classification(s) or
position(s).
Section 12: Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established appropriate units may be considered by the
Employee Relations Officer only during the period specified in Section 10 of this Resolution. Such requests shall be
submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this
Resolution, shall contain a complete statement of all relevant facts and citations in support of the proposed modified
unit in terms of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall
process such petitions as other Recognition petitions under this Resolution.
The Employee Relations Officer may on his motion propose, during the period specified in Section 10 of this
Resolution, that an established unit be modified. The Employee Relations Officer shall give written notice of the
proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed
modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee
Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of
this Resolution, and shall give written notice of such determination to the affected employee organizations. The
Employee Relations Officer=s determination may be appealed as provided in Section 13 of this Resolution. If a unit
is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may
thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new
appropriate unit or units pursuant to Section 6 hereof.
Section 13. Appeals
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under
this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for final
decision.
An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition
Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or employees
aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) has not
been filed in compliance with the applicable provisions of this Resolution, may, within fifteen (15) days of notice of
such determination, appeal the determination to the City Council for final decision.
Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee
Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of
the appeal, and shall render a final and binding decision regarding the resolution of the disputed issue(s) raised by
the appeal after each party involved has been given an opportunity, during a public meeting, to present written and
oral arguments in support of their respective positions and, if the City Council so desires, after any future
investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the
dispute to a third party hearing process for the purpose of seeking an advisory determination prior to making its final
decision regarding the resolution of the dispute.
Section 14: Submission of Current Information by Recognize d Employee Organizations
All changes in the information filed with the City by a Recognized Employee Organization under Items 1 through
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13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the Employee
Relations Officer within fifteen (15) days of such change.
Section 15: Payroll Deductions on Behalf of Employee Organizations
Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such
Recognized Employee Organization may be provided payroll deductions of membership dues and insurance
premiums for plans sponsored by such organization upon the written authorization of employees in the unit
represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such
service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the
provisions of Memorandum of Understanding and/or applicable administrative procedures.
Section 16: Employee Organization Activities - Use of Cjjy Resources
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee
organizations and those representing them shall be authorized only to the extent provided for in Memorandum of
Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer-
employee relationship and not such internal employee organization business as soliciting membership, campaigning
for office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of
City operations.
Section 17: Administrative Rules and Procedures
The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to
implement and administer the provisions of this Resolution after consultation with affected employee organizations.
Section 18: Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the
impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement
of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee
Relations Officer. The purpose of such impasse meeting shall be:
To identify and specify in writing the issue or issues that remain in dispute;
To review the position of the parties in a final effort to resolve such disputed issue or issues; and
If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein.
Section 19: Impasse Procedures
Impasse procedures are as follows:
If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council for
determination.
If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth in Section 18
above, either party may submit the impasse to mediation.
All mediation proceeding shall be private and the mediator shall make no public recommendation, nor take any
public position at any time concerning the issues.
If the parties are unable to agree on a mediator after a reasonable period of time, they shall select the mediator from
a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to
provide such list, by the American Arbitration Association.
Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who
shall become the mediator. The priority of striking names shall alternate from one party to the other each time
impasse procedures are invoked by the same parties. The employee organization or the City shall commence this
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process in an order determined by lot striking the first name from such list of names in any initial mediation.
The cost of the mediator, if any, shall be shared equally by both parties.
If the parties have failed to resolve all their disputes through mediation within fifteen (15) days after the mediator
commenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City
Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon
and after such further investigation of the relevant facts as it may deem appropriate.
If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution.
Section 20: Construction
This Resolution shall be administered and construed as follows:
Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any
authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or
State law or City Charter provisions.
Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923
applicable to City employees or employee organizations, or of giving employees or employee organizations the right
to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial
stoppage or slowdown of work or any other interference with the conduct of the City's operations.
Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any
employee organization and the City in effect on the effective date of this Resolution. All such agreements shall
continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of
the parties thereto.
Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day
immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the
offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City
at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished
to the City.
Section 21: Severabilitv
In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any
person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of
this Resolution, or the application of such portion to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution
and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections,
subsections, sentences, clauses or phrases be declared invalid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall
be operative from and after May 18, 1981. ADOPTED this 18th day of May, 1981, by the following vote:
AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
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25A-68
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND THE
COMMUNITY REDEVELOPMENT AGENCY
PURSUANT TO ABX1 27
i
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached Cooperative
Agreement with the Community Redevelopment Agency (Agency), subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
On September 6, 2011, the City Council approved a Continuation Ordinance to allow the City the
option to "opt in" to the Voluntary Redevelopment Program pursuant to recently passed legislation.
In furtherance of the actions the City and Agency have taken to implement the provisions of the
legislation (ABX1 27), it is recommended by legal counsel that the proposed Cooperative
Agreement between the City and Agency be conditionally approved. This agreement will protect
the Agency's interests by allowing the required remittances to the state to be included in the
Statement of Indebtedness which is due October 1, 2011. This agreement will only become
operational if the Calfornia Supreme Court determines that ABX1 27 is constitutional.
Given that Santa Ana's redevelopment efforts significantly contribute to much-needed economic
and physical community revitalization, affordable housing development, and the general
enhancement of our city, it is recommended that the City and Agency continue to take the
necessary steps to implement ABX1 27.
25B-1
Cooperative Agreement Between City and Agency
Pursuant to ABX1 27
September 19, 2011
Page 2
FISCAL IMPACT
There is no additional fiscal impact associated with this action that was not previously described in
connection with the introduction of the Continuation Ordinance.
`"h 04, W- H at-, /10
Nancy T. E rds
Interim Exec ive Director
Community Development Agency
NTE/SG/mlr
Exhibit: 1. Cooperative Agreement
25B-2
COOPERATIVE AGREEMENT
This COOPERATIVE AGREEMENT ("Agreement") is entered into as of
2011 ("Date of Agreement"), by and between the CITY OF SANTA
ANA, a charter city and municipal corporation ("City") and the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate
and politic ("Agency").
RECITALS
A. The Agency is a community redevelopment agency organized and existing under the
California Community Redevelopment Law, Health and Safety Code Sections 33000, et
seq. ("CRL") and has been authorized to transact business and exercise the powers of a
redevelopment agency pursuant to action of the City Council ("City Council") of the City
of Santa Ana.
B. The Agency receives and has available to it tax increment revenues in accordance with
and pursuant to CRL Section 33670(b) and Article XVI Section 16 of the California
Constitution ("Tax Increment").
C. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the
CRL by ABXI 26 and ABX1 27, which measures purported to become effective
immediately. ABXI 26 and ABXI 27, which are trailer bills to the 2011-12 budget bills,
were approved by both houses of the Legislature on June 15, 2011 and signed by the
Governor on June 28, 2011.
D. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all
redevelopment agencies, including the Agency, as of October 1, 2011, and provides
thereafter for a successor agency to administer the existing obligations of the Agency and
otherwise wind up its affairs, with such actions as the successor agency may take subject
to the review and approval by an oversight committee.
1
EXHIBIT 1
25B-3
E. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and authority of
the Agency in the interim period prior to dissolution to certain "enforceable obligations"
and provides for actions required for the general winding up of affairs, preservation of
assets, and certain other goals delineated in Part 1.8.
F. Part 1.9 of the CRL ("Part 1.9") provides that an Agency may continue in operation if a
city or county that includes a redevelopment agency adopts an ordinance agreeing to
comply with and participate in the Alternative Voluntary Redevelopment Program
established in Part 1.9 ("Program"). The City Council has enacted or concurrently with
this Conditional Agreement is enacting, an ordinance to comply with Part 1.9
G. Those cities or counties electing to participate in the Program, as a condition of its
redevelopment agency's continued existence and operation, are required to make certain
annual remittances ("Program Remittances") to the county auditor-controller pursuant to
Chapter 3 of Part 1.9, beginning with an larger upfront remittance for the 2011-2012
fiscal year ("First Remittance"), to be paid in two equal installments on January 15, 2012
and May 15, 2012.
H. The Agency will have sufficient funds and revenues to fund an amount equal to the
City's payment of the First Remittance and expects to have funds and revenues sufficient
to fund amounts equal to the subsequent annual remittances required by Part 1.9.
The City and Agency desire to enter into this Agreement pursuant to CRL Section
34194.2 whereby the Agency shall transfer portions of Tax Increment to the City in an
amount equal to the First Remittance, and thereafter to transfer amounts of Tax Increment
equal to any subsequent remittance which the City is required to make to the county
auditor-controller pursuant to the City's participation in the Program.
AGREEMENTS
The Agency shall be liable to City for the payment of the Program Remittances in
connection with the City's participation in the Program. The Agency agrees that no later
than fifteen (15) days prior to the date upon which the City shall be statutorily required to
make any full or partial payment of a Program Remittance, the Agency shall transfer
2
EXHIBIT 1
25B-4
funds to the City in an amount equal to such payment; each such payment by the Agency
shall be referred to herein as a "Required Agency Payment" and, as such payments are
combined, "Required Agency Payments." Interest shall accrue on any unpaid balance of
the Required Agency Payments at an annual interest rate equal to the maximum rate
permitted by Section 53531 of the Government Code. Interest on amounts paid as
Required Agency Payments shall be deemed to begin accruing on the date upon which
the City makes any required Program Remittance to the county auditor-controller.
2. The Agency pledges revenues available to the Agency under Section 33670(b) of the
California Health & Safety Code ("Tax Increment") to repayment of its indebtedness to
the City hereunder; provided that such pledge is junior and subordinate to all outstanding
bonds of the Agency (including without limitation the Agency's obligations under the
following: $66,790,000 Tax Allocation Bonds [Merged Project Area], 2011 Series A,
$20,945,000 Tax Allocation Bonds [Santa Ana South Main Street Redevelopment
Project], 2003 Series A, and $34,145,000 Tax Allocation Bonds [Santa Ana South Main
Street Redevelopment Project], 2003 Series B, and all refundings thereof), any refunding
bonds issued by the Agency, and any additional bonds issued hereafter by the Agency.
The obligations of the Agency under this Agreement shall constitute an indebtedness of
the Agency within the meaning of Section 33670 et seq. of the Community
Redevelopment Law.
4. The City agrees to use the funds it receives pursuant to this Agreement in accordance
with the laws of the Unites States and the State of California, including the CRL, all as
applicable.
This Parties agree that this Agreement is conditionally entered; should the California
Redevelopment Association and League of California Cities prevail in their lawsuit
challenging the constitutionality of the legislation, this Agreement shall have no force or
effect.
3
EXHIBIT 1
25B-5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
CITY OF SANTA ANA
By:
Paul Walters, Interim City Manager
ATTEST:
Maria Huizar, Clerk of the Council
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA
By:
Nancy T. Edwards, Interim Executive Director
ATTEST:
Maria Huizar, Agency Secretary
APPROVED AS TO FORM:
By:
Lisa Storck, Assistant City Attorney/General Counsel
EXHIBIT 1
25B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
AGREEMENT TO NEGOTIATE WITH CHIVAS
USA ENTERPRISES REGARDING POTENTIAL
RELOCATION TO SANTA ANA
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on Vt Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Mayor and City Council to execute the attached agreement authorizing the City to
enter into exclusive negotiations for a term of six months with Chivas USA Enterprises, regarding
Chivas' potential relocation to Santa Ana.
DISCUSSION
The City of Santa Ana and Chivas USA Enterprises LLC (Chivas) have informally discussed the
possibility of Chivas' relocation of the Chivas Major League Soccer (MLS) team, the Chivas MLS
Reserve Division Soccer team, and other Chivas programs to Santa Ana. Through these informal
discussions, the City and Chivas have identified the Willowick Golf Course as a potential site for
developing the Chivas facilities.
Entering into an exclusive negotiating agreement allows both the City and Chivas to focus on one
site for the potential relocation of the soccer enterprise. The negotiation would focus on the
economic viability of relocation, the obligations and responsibilities of each of the parties with
respect to the relocation, and existing conditions that may affect relocation. Additionally, the
negotiations should result in a broad timeline of milestones that must be addressed in order to
develop the Chivas facilities in Santa Ana. Successful negotiations would result in a future
agreement setting forth the terms and conditions relating to the relocation of the Chivas soccer
enterprise, including the timelines and milestones.
The relocation of Chivas would bring a professional level soccer enterprise to the City of Santa
Ana. Currently there are no professional soccer facilities in Orange County.
FISCAL IMPACT
There is no fiscal impact associated with this Agreement
25C-1
25C-2
AGREEMENT FOR EXCLUSIVE NEGOTIATING RIGHTS
BY AND AMONG
THE CITY OF SANTA ANA AND CHIVAS USA ENTERPRISES LLC
WHEREAS, the City of Santa Ana and Chivas USA Enterprises LLC (Chivas) desire to explore
the potential relocation to Santa Ana of the Chivas Major League Soccer (MLS) team, the
Chivas MLS Reserve Division Soccer team, and other Chivas programs; and
WHEREAS, in addition to its franchise in Major League Soccer and its Chivas MLS Reserve
Division Soccer team, Chivas USA also produces exciting and innovating programs such as the
Chivas USA Futbol Academies and other soccer education initiatives; the ChivaTown Fan Zone,
the ChivaGirls dance team and other aspects of Chivas USA's uniquely passionate game day
experience; and the Fundacion Chivas de Corazon USA 501(c)(3)non-profit organization, as
well as other community outreach programs and initiatives; and
WHEREAS, the City of Santa Ana and Chivas USA wish to seriously explore a possible
agreement to develop a new stadium and other ancillary development on a portion of the
approximately 101.5-acre Willowick Golf Course site (Golf Course Site) located within the
boundaries of the City of Santa Ana. The Golf Course Site is located within the boundaries of
the City of Santa Ana, but the site is owned by the City of Garden Grove. The Golf Course Site
is currently subject to a ground lease with Donovan Golf Course Management, Inc. that
terminates on December 31, 2020. The ground lease includes a provision that allows the City
of Garden Grove to buy out the remaining lease term at any time based upon a defined
valuation formula.
NOW, THEREFORE, IT IS AGREED, by and between the City of Santa Ana, a charter city and
municipal corporation duly organized and existing under the Constitution and laws of the State
of California and Chivas USA Enterprises LLC, a Delaware limited liability company, as follows:
FOR A PERIOD of six (6) months commencing as of the date of execution of this Agreement by
an authorized representative of Chivas USA, the City of Santa Ana agrees that it will not enter
into or continue negotiations or discussions of any nature with any other professional sports
entity besides Chivas USA for relocation of that sports entity's operations to the City of Santa
Ana.
Conversely, for that same six (6) month period as referenced above, Chivas USA agrees that it
will not enter into or continue any previous or ongoing negotiations or discussions with any other
city, county or municipal entity, or any other public or private business or entity of any kind, in
any way regarding the relocation of its Major League Soccer team, its MLS Reserve Division
Soccer team, and other Chivas programs from their current locations and facilities.
During said six month period, the parties intend that their representatives will broadly discuss
and explore the potential relocation of the Chivas USA Major League Soccer team and its
25C-3
related entities to a professional level soccer stadium and supporting facilities at the Willowick
Golf Course site. These discussions will necessarily include joint discussions between the
Parties hereto and representatives of the City of Garden Gove as the owners of the Golf Course
Site and the Lessor on the lease with Donovan Golf Course Management, Inc.
The representative for City shall be the Mayor or his designee. The representative for Chivas
shall be (name or title), or his/her designee.
Both parties hereto agree that this Agreement is entered into in the City of Santa Ana,
California, and shall be governed by the laws of the state of California.
Further, both parties acknowledge and agree that no party hereto shall have any expectations
that any subsequent agreement between the parties as to actual relocation of the Chivas USA
Major Soccer League team and its related entities to the City of Santa Ana and/or development
of the Willowick Golf Course site as a soccer stadium will be entered into nor that any
entitlements or permits will be granted by the City related thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
MIGUEL PULIDO
Mayor
CHIVAS USA ENTERPRISES LLC
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation & Community
Services Agency
(NAME)
(Title)
25C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 24, 2011
TITLE:
AMENDMENTS TO HOMELESSNESS
PREVENTION AND RAPID RE-HOUSING
PROGRAM AGREEMENTS
??2,4 ? 6.1- L6r?
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO Hill re Ch Cannel I
me?rtn ?.
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute the attached
amendment with Interval House increasing the (Rapid Re-Housing) grant in the amount of
$53,750, subject to non-substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute the attached
amendment with WISE Place increasing the (Rapid Re-Housing and Homelessness
Prevention) grant in the amount of $53,750, subject to non-substantive changes approved
by the City Manager and City Attorney.
3. Authorize the City Manager and the Clerk of the Council to execute the attached
amendment with Olive Crest decreasing the (Homelessness Prevention) grant in the
amount of $15,000, subject to non-substantive changes approved by the City Manager and
City Attorney.
4. Authorize the City Manager and the Clerk of the Council to execute the attached
amendment with Olive Crest decreasing the (Rapid Re-Housing) grant in the amount of
$55,000, subject to non-substantive changes approved by the City Manager and City
Attorney.
5. Authorize the City Manager and the Clerk of the Council to execute the attached
amendment with Public Law Center decreasing the (Homelessness Prevention) grant in the
amount of $17,500, subject to non-substantive changes approved by the City Manager and
City Attorney.
6. Authorize the City Manager and the Clerk of the Council to execute the attached
amendment with Illumination Foundation decreasing the (Homelessness Prevention) grant
25D-1
Amendments to HPRP Agreements
AUGUST 24, 2011
Page 2
in the amount of $20,000, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The American Recovery and Reinvestment Act of 2009 (Recovery Act) appropriated $1.5 billion
for communities to provide financial assistance and services to prevent individuals and families
from becoming homeless and to help those who are experiencing homelessness to be quickly re-
housed and stabilized. Santa Ana was allocated $2,831,989 under the terms of the funding
distribution formula established by the U. S. Department of Housing and Urban Development
(HUD) for these programs, which are titled Homelessness Prevention and Rapid Re-Housing
(HPRP).
On September 8, 2009, City Council authorized the execution of agreements with nine local
HPRP non-profit sub-recipients to carry out HPRP services. On September 7, 2010, after one
year of operation, City Council authorized amendments with three sub-recipients to transfer funds
between programs and to expand HPRP services to better meet the needs of the community. On
January 4, 2011, City Council authorized the execution of amendments with five sub-recipients to
meet the HPRP program requirement of expending 60% of the award funds within two years of
the date that HUD signed the grant agreement. At that time, three sub-recipients returned a
portion of their grant and the funds were re-allocated to two sub-recipients who had the interest
and ability to spend the additional funds.
Considering current expenditure rates and projections as to whether each sub-grantee will meet
the 100% expenditure requirement by June 2012, it is necessary to amend the agreements
again. Staff and sub-recipients have agreed upon the following adjustments to the HPRP
allocations:
Organization Returninq Funds Homelessness Prevention Rapid Re-Housing
Olive Crest $15,000 $55,000
Public Law Center $17,500
Illumination Foundation $20,000
TOTAL $107,500
Organizations Receiving Funds Homelessness Prevention Rapid Re-Housing
Interval House $53,750
WISE Place $26,875 $26,875
TOTAL $107,500
25D-2
Amendments to HPRP Agreements
AUGUST 24, 2011
Page 3
FISCAL IMPACT
There is no fiscal impact associated with this action.
I 1 X1'1
Nancy T. E ards
Interim Exe five Director
Community Development Agency
NTE/TE/mlr
Exhibits: 1. Interval House Amendment
2. WISE Place Amendment
3. Olive Crest Amendment
4. Public Law Center Amendment
5. Illumination Foundation Amendment
25D-3
25D-4
THIRD AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND INTERVAL HOUSE FOR THE USE OF
HOMELESSNESS PREVENTION AND
RAPID REHOUSING GRANT FUNDS
THIS THIRD AMENDMENT TO AGREEMENT is entered into on the 16th day of
August 2011, by and between Interval House, a California non-profit corporation
("Subrecipient") and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement Between the City of Santa Ana and Interval
House for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program
Year 2009-10), dated September 30, 2009, (hereinafter "said Agreement") by which
Subrecipient has been providing support to homeless women or those who are at risk for
homelessness under the Homelessness Prevention and Rapid Re-Housing program
("HPRP").
B. On , 2011, said Agreement was amended to increase services and funding for this
Subrecipient based on expenditure rates and projections as to whether each grantee could
meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2
years of the date that the U.S. Department of Housing and Urban Development ("HUD")
signed the grant agreement.
C. The City's HPRP program requires that grantees expend 100% of its award funds by June 20,
2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this
requirement.
D. Based upon current expenditure rates and projections as to whether each grantee can meet
this requirement, the parties hereto have agreed to this amendment to increase services and
Rapid Re-Housing grant funds for this Subrecipient.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Third Amendment to
Agreement, the parties agree as follows:
1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and
replaced with a revised Exhibit B due to this Amendment.
2. Section VI, A. "Agreement Amount" shall be increased by $53,750 due to the additional
services. The $53,750 will be allocated to the Rapid Re-Housing grant.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
1
EXHIBIT 1
25D-5
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
PAUL WALTERS
Interim City Manager
SUBRECIPIENT
Interval House
By:
LISA E. STORCK
Assistant City Attorney
Carol Anne Williams
Executive Director
Tax ID:
2
EXHIBIT 1
25D-6
Final Budget
(Exhibit B)
Organization Name Interval House
Place an X : Homelessness Prevention0 Rapid Rehousing
Expenditures
Category Expenses Funded by
Santa Ana Expenses Funded by
Other Sources
Total Program Budget
Administration
Administrative Staff Salaries & Benefits $ 7,500 $ 7,500
Other: List below
1 $
2 $ _
3 $ _
4 $ _
5 $ _
Total $ 7,500 $ - $ 7,500
Housing Relocation and Stabilization Services
Case Management $ 28,652 $ 28,652 $ 57,304
Outreach and Engagement $ 14,326 $ 14,326 $ 28,652
Housing Search and Placement $ 23,877 $ 23,877 $ 47,754
Legal Services $ 9,551 $ 9,551 $ 19,102
Credit Repair Counseling $ 19,102 $ 19,102 $ 38,204
Total $ 95,508 $ 95,508 $ 191,016
Financial Assistance
Rental Assistance $ 183,222 $ 183,222
Utility Payments $ 47,520 $ 47,520
Security Deposits $ - $
Utility Deposits $ - $ _
Moving Costs $ - $ _
Motel/Hotel Vouchers $ - $ 23,625 $ 23,625
Total $ 230,742 $ 23,625 $ 254,367
Program Total $ 333,750 $ 119,133 $ 452,883
Lis i ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana HPRP $ 333,750
CaIEMA former) Office of Emer enc Services $ 36,788
OC Community Services $ 23,625
Orange Count CaIWORKs $ 58,720
Total Funds for the Program $ 452,883
Page 1 of 1
E "" 11 1 1 't 1
25D-8
FOURTH AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND WISE PLACE FOR THE USE OF
HOMELESSNESS PREVENTION AND
RAPID REHOUSING GRANT FUNDS
THIS FOURTH AMENDMENT TO AGREEMENT is entered into on the 16`n day of
August 2011, by and between WISE Place, a California non-profit corporation ("Subrecipient")
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement Between the City of Santa Ana and WISE
Place for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year
2009-10), dated September 30, 2009, (hereinafter "said Agreement") by which Subrecipient
has been providing support to homeless women or those who are at risk for homelessness
under the Homelessness Prevention and Rapid Re-Housing program ("HPRP").
B. On , 20, said Agreement was amended to reduce services and funding for this
Subrecipient based on expenditure rates and projections as to whether each grantee could
meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2
years of the date that the U.S. Department of Housing and Urban Development ("HUD")
signed the grant agreement.
C. The City's HPRP program requires that grantee's expend 100% of its award funds by June
20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this
requirement.
D. Based upon current expenditure rates and projections as to whether each grantee can meet
this requirement, the parties hereto have agreed to this amendment to increase services and
Homelessness Prevention and Rapid Re-Housing grant funds for this Subrecipient.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Fourth Amendment to
Agreement, the parties agree as follows:
1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and
replaced with a revised Exhibit B due to this Amendment.
2. Section VI, A. "Agreement Amount" shall be increased by $53,750, due to the increased
services. $26,875 will allocated to the Homelessness Prevention grant and $26,875 will be
allocated to the Rapid Re-Housing grant.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
1
EXHIBIT 2
25D-9
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
City Attorney
By:
LISA E. STORCK
Assistant City Attorney
CITY OF SANTA ANA
PAUL WALTERS
Interim City Manager
SUBRECIPIENT
WISE Place
Kathleen Davis-Bowman
Executive Director
Tax ID:
2
EXHIBIT 2
25D-10
Final Budget
(Exhibit B)
Organization Name WISEPlace
Place an X : Homelessness Prevention0 Rapid Rehousing
Expenditures
Category Expenses Funded by
Santa Ana-HP Expenses Funded
b Santa Ana-RR Total Program
Budget
Administration
Administrative Staff Salaries & Benefits $ 1,019 $ 2,017 $ 3,036
Other: List below
1 $ _
2 $ _
3 $ _
4 $ _
5 $ _
Total $ 1,019 $ 2,017 $ 3,036
Housing Relocation and Stabilization Services
Case Management $ 3,333 $ 3,901 $ 7,234
Outreach and Engagement $ 968 $ 1,929 $ 2,897
Housing Search and Placement $ 3,893 $ 4,874 $ 8,767
Legal Services $ - $ _
Credit Repair Counseling $ 5,148 $ 5,410 $ 10,558
Total $ 13,342 $ 16,114 $ 29,456
Financial Assistance
Rental Assistance $ 53,514 $ 54,984 $ 108,498
Utility Payments $ - $ _
Deposits $ 5,000 $ 12,760 $ 17,760
Moving Costs $ _ $ _
Motel/Hotel Vouchers $ - $ _
Total $ 58,514 $ 67,744 $ 126,258
Program Total $ 72,875 $ 85,875 $ 158,750
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana HPRP $ 158,750
Total Funds for the Program $ 158,750
Page 1 of 1
Exh iii[-[ --11
25D-12
THIRD AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND OLIVE CREST FOR THE USE OF
HOMELESSNESS PREVENTION AND
RAPID REHOUSING GRANT FUNDS
THIS THIRD AMENDMENT TO AGREEMENT is entered into on the 16th day of
August 2011, by and between Olive Crest, a California non-profit corporation ("Subrecipient")
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement Between the City of Santa Ana and Olive
Crest for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year
2009-10), dated September 30, 2009, (hereinafter "said Agreement") by which Subrecipient
has been providing support to the homeless youth or those who are at risk for homelessness.
B. On , 2011, said Agreement was amended to decrease services and funding for this
Subrecipient based on expenditure rates and projections as to whether each grantee could
meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2
years of the date that the U.S. Department of Housing and Urban Development ("HUD")
signed the grant agreement.
C. The City's HPRP program requires that grantee's expend 100% of its award funds by June
20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this
requirement.
D. Based upon current expenditure rates and projections as to whether each grantee can meet
this requirement, the parties hereto have agreed to this amendment to decrease services and
Homelessness Prevention and Rapid Re-Housing grant funds.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Third Amendment to
Agreement, the parties agree as follows:
1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and
replaced with a revised Exhibit B due to this Amendment.
Section VI, A. "Agreement Amount" shall be reduced by $70,000, due to the reduced
services. $15,000 will be returned from the Homelessness Prevention grant and $55,000 will
be returned from the Rapid Re-Housing grant.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
1
EXHIBIT 3
25D-13
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
PAUL WALTERS
Interim City Manager
APPROVED AS TO FORM:
City Attorney
By:
LISA E. STORCK
Assistant City Attorney
SUBRECIPIENT
Olive Crest
Name: Edward J. Becker
Title: CFO
Tax ID:
2
EXHIBIT 3
25D-14
Final Budget
(Exhibit B)
Organization Name Olive Crest Treatment Centers, Project Independence
Place an X : Homelessness Prevention0 Rapid Rehousing
Expenditures
Category Expenses Funded by
Santa Ana Expenses Funded
b Other Sources Total Program
Budget
Administration
Administrative Staff Salaries & Benefits $ 4,585 $ 4,585
Other: List below
1 $ _
2 $ _
3 $ _
4 $ _
5 $ _
Total $ 4,585 $ - $ 4,585
Housing Relocation and Stabilization Services
Case Management $ 55,406 $ 55,406
Outreach and Engagement $ - $ _
Housing Search and Placement $ 6,879 $ 6,879
Legal Services $ - $ _
Credit Repair Counseling $ - $ _
Total $ 62,285 $ - $ 62,285
Financial Assistance
Rental Assistance $ 153,600 $ 153,600
Utility Payments $ 12,000 $ 12,000
Deposits $ 2,530 $ 2,530
Moving Costs $ - $ _
Motel/Hotel Vouchers $ - $ _
Total $ 168,130 $ - $ 168,130
Program Total $ 235,000 $ - $ 235,000
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana HPRP $ 235,000
Total Funds for the Program $ 235,000
Page 1 of 1
ExhA§.?1 §
Final Budget
(Exhibit B)
Organization Name Olive Crest Treatment Centers, Project Independence
Place an X : Homelessness Prevention Rapid Rehousing
Expenditures
Category Expenses Funded by
Santa Ana Expenses Funded
b Other Sources Total Program
Budget
Administration
Administrative Staff Salaries & Benefits $ 1,500 $ 1,500
Other: List below
1 $ _
2 $ _
3 $ _
4 $ _
5 $ _
Total $ 1,500 $ - $ 1,500
Housing Relocation and Stabilization Services
Case Management $ 22,000 $ 22,000
Outreach and Engagement $ 10,000 $ 10,000
Housing Search and Placement $ 1,000 $ 1,000
Legal Services $ - $ _
Credit Repair Counseling $ - $ _
Total $ 33,000 $ - $ 33,000
Financial Assistance
Rental Assistance $ 23,000 $ 23,000
Utility Payments $ 2,944 $ 2,944
Security Deposits $ _
Utility Deposits $ _ $ _
Moving Costs $ - $ _
Motel/Hotel Vouchers $ - $ _
Total $ 25,944 $ - $ 25,944
Program Total $ 60,444 $ - $ 60,444
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana HPRP $ 60,444
Total Funds for the Program $ 60,444
Page 1 of 1
ExhiNDL-V
25D-17
AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND THE PUBLIC LAW CENTER FOR THE USE OF
HOMELESSNESS PREVENTION AND
RAPID REHOUSING GRANT FUNDS
THIS AMENDMENT TO AGREEMENT is entered into on the 16th day of August 2011,
by and between the Public Law Center, a California non-profit corporation ("Subrecipient") and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement Between the City of Santa Ana and the
Public Law Center for Use of Homelessness Prevention and Rapid Rehousing Grant Funds
(Program Year 2009-10), dated September 30, 2009, (hereinafter "said Agreement") by
which Subrecipient has been providing support to homeless persons and/or those who are at
risk for homelessness under the Homelessness Prevention and Rapid Re-Housing program
("HPRP").
B. The City's HPRP program requires that grantees expend 100% of its award funds by June 20,
2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this
requirement.
C. Based upon current expenditure rates and projections as to whether each grantee can meet
this requirement, the parties hereto have agreed to this amendment to decrease funding for
this Subrecipient.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Amendment to
Agreement, the parties agree as follows:
1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and
replaced with a revised Exhibit B due to this Amendment.
2. Section VI, A. "Agreement Amount" for the Homelessness Prevention grant shall be
decreased by $17,500.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
1
EXHIBIT 4
25D-18
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on
the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
City Attorney
By:
LISA E. STORCK
Assistant City Attorney
CITY OF SANTA ANA
PAUL WALTERS
Interim City Manager
SUBRECIPIENT
Public Law Center
By:
Title:
Tax ID:
2
EXHIBIT 4
25D-19
Final Budget
(Exhibit B)
Organization Name Public Law Center
Place an X : Homelessness Prevention0 Rapid Rehousing
Expenditures
Category Expenses Funded by
Santa Ana Expenses Funded
b Other Sources Total Program
Budget
Administration
Administrative Staff Salaries & Benefits $ 2,625 $ 4,500 $ 7,125
Other: List below
1 Office Supplies $ 375 $ 375
2 Utilities $ 285 $ 285
3 Liability Insurance $ 90 $ 90
4 $ _
5 $ _
Total $ 2,625 $ 5,250 $ 7,875
Housing Relocation and Stabilization Services
Case Management $ - $ _
Outreach and Engagement $ 18,765 $ 14,190 $ 32,955
Housing Search and Placement $ - $ -
Legal Services $ 66,110 $ 50,310 $ 116,420
Credit Repair Counseling $ - $ _
Total $ 84,875 $ 64,500 $ 149,375
Financial Assistance
Rental Assistance $ - $ _
Utility Payments $ - $ _
Security Deposits $ - $ _
Utility Deposits $ - $ _
Moving Costs $ - $ _
Motel/Hotel Vouchers $ - $ _
Total $ _ $ _ $ -
Program Total $ 87,500 $ 69,750 $ 157,250
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana HPRP $ 87,500
State Bar IOLTA Program $ 21,525
State Bar Equal Access Fund $ 19,500
scretiona funds from annual event and fund $ 28,725
Total Funds for the Program $ 157,250
Page 1 of 1
ExhiMQ-V
AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SANTA
ANA AND ILLUMINATION FOUNDATION FOR THE
USE OF HOMELESSNESS PREVENTION AND
RAPID REHOUSING GRANT FUNDS
THIS AMENDMENT TO AGREEMENT is entered into on the 16th day of August 2011,
by and between Illumination Foundation, a California non-profit corporation ("Subrecipient")
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement Between the City of Santa Ana and
Illumination Foundation for Use of Homelessness Prevention and Rapid Rehousing Grant
Funds (Program Year 2009-10), dated September 30, 2009, (hereinafter "said Agreement")
by which Subrecipient has been providing support to homeless persons and/or those who are
at risk for homelessness under the Homelessness Prevention and Rapid Re-Housing program
("HPRP").
B. The City's HPRP program requires that grantees expend 100% of its award funds by June 20,
2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this
requirement.
C. Based upon current expenditure rates and projections as to whether each grantee can meet
this requirement, the parties hereto have agreed to this amendment to decrease funding for
this Subrecipient.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Amendment to
Agreement, the parties agree as follows:
1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and
replaced with a revised Exhibit B due to this Amendment.
2. Section VI, A. "Agreement Amount" for the Homelessness Prevention grant shall be
decreased by $20,000.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
I
EXHIBIT 5
25D-21
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on
the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
City Attorney
By:
LISA E. STORCK
Assistant City Attorney
CITY OF SANTA ANA
PAUL WALTERS
Interim City Manager
SUBRECIPIENT
Illumination Foundation
By:
Title:
Tax ID:
2
EXHIBIT 5
25D-22
Final Budget
(Exhibit B)
Organization Name Illumination Foundation
Place an X : Homelessness Prevention0 Rapid Rehousing
Expenditures
Category Expenses Funded by
Santa Ana Expenses Funded
b Other Sources Total Program
Budget
Administration
Administrative Staff Salaries & Benefits $ - $ -
Other: List below
1 $ _
2 $ -
3 $ _
4 $ _
5 $ _
Total $ _ $ _ $ _
Housing Relocation and Stabilization Services
Case Management $ 13,429 $ 25,224 $ 38,653
Outreach and Engagement $ 20,000 $ 17,885 $ 37,885
Housing Search and Placement $ 26,771 $ 54,768 $ 81,539
Legal Services $ - $ 17,885 $ 17,885
Credit Repair Counseling $ - $ 17,885 $ 17,885
Total $ 60,200 $ 133,647 $ 193,847
Financial Assistance
Rental Assistance $ 135,200 $ - $ 135,200
Utility Payments $ 3,600 $ - $ 3,600
Security Deposits $ 21,000 $ - $ 21,000
Utility Deposits $ - $ _ $ -
Moving Costs $ _ $ _
Motel/Hotel Vouchers $ - $ _ $ _
Total $ 159,800 $ - $ 159,800
Program Total $ 220,000 $ 133,647 $ 353,647
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana HPRP $ 220,000
Garden Grove HPRP $ 45,000
Count of Orange HPRP $ 40,000
Private donations not et secured $ 48,647
Total Funds for the Program $ 353,647
Page 1 of 1
Exh ' -23
25D-24
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
APPROPRIATION
ADJUSTMENT ACCEPTING
FY2011 HOMELAND
SECURITY GRANT PROGRAM
AND RELATED AGREEMENTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt a resolution authorizing the City Manager, and the Chief of Police, or his designee(s) to
execute a grant award agreement with the State of California, California Emergency
Management Agency for the FY2011 Urban Areas Security Initiative funding program in the
amount of $7,421,142 (CFDA#97.067).
2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the
Council to enter into reimbursement agreements for equipment, services, or training with the
County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban
Area.
3. Approve an Appropriation Adjustment recognizing the FY 2011 Urban Areas Security Initiative
in the amount of $7,421,142 in revenue account (account no. 12514002-52001) and
appropriate same in the FY 2011 Urban Areas Security Initiative Program Grant expenditure
accounts (account no. 12514407-various).
DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas Security
Initiative funding program (UASI). UASI provides funds to local emergency first responders to
enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism.
The grant specifically provides funding for anti-terror equipment, planning, training, exercises and
technical assistance.
In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the
Santa Ana UASI into a single Urban Area. The City of Santa Ana will continue to be designated as
an Urban Area Core City and will share grant administrative responsibilities with the City of Anaheim.
55A-1
Homeland Security Grant Program
September 19, 2011
Page 2
The City of Santa Ana Police and Fire Departments have worked with the City of Anaheim, the
County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current
capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban
Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement
complimentary strategies for responding to acts of terrorism.
FISCAL IMPACT
Approval of the Appropriation Adjustment will increase revenues in the FY 2011 UASI Grant account
(account no.12514002-52001) by $7,421,142 and appropriate same in the FY 2011 UASI Grant
expenditure accounts (account no. 12514407-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
\1 r --
Paul M. Walters
Chief of Police
Police Department
Exhibit: 1. Resolution
17
Francisco Gutierrez
Executive Director
Finance & Mgt. Services Agency
55A-2
TLJ (9/6/11)
RESOLUTION NO. 2011-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER, AND
THE CHIEF OF POLICE OR HIS DESIGNEE(S) TO ENTER
INTO AN AGREEMENT WITH THE STATE OF
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
FOR THE FY2011 URBAN AREA SECURITY INITIATIVE
FUNDING PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The United States Department of Homeland Security has developed the
Urban Area Security Initiative funding program (UASI). UASI provides
funds to local emergency first responders to enhance security and
preparedness to prevent, respond to, and recover from acts of terrorism
by providing funding for equipment, planning, training, exercises and
technical assistance.
B. In FY 2006 the United States Department of Homeland Security combined
the Anaheim UASI with the Santa Ana UASI into a single Urban Area with
the City of Santa Ana as the designated Urban Area Core City and
provided for shared administrative responsibilities with the City of
Anaheim. In FY 2011 the City of Santa Ana is the administrative agency.
C. The City of Santa Ana has been awarded funding from the California
Emergency Management Agency for the fiscal year 2011 UASI in the
amount of $7,421,142.
Section 2. The City Council of the City of Santa Ana hereby authorizes and
directs the City Manager and the Chief of Police or his designee(s) to enter into an
agreement with the State of California Emergency Management Agency for the FY 2011
Urban Area Security Initiative funding program in the amount of $7,421,142.
Section 3. The City Council of the City of Santa Ana hereby authorizes and
directs the City Attorney's Office to prepare and authorize the Chief of Police and the
Clerk of the Council to enter into reimbursement agreements for equipment, services, or
training with the County of Orange or any of the cities located in the designated
Anaheim/Santa Ana Urban Area.
55A-3 Resolution No. 2011-XXX
Page 1 of 3
Section 4. The City Council of the City of Santa Ana hereby approves an
Appropriation Adjustment recognizing the FY 2011 Urban Area Security Initiative in the
amount of $7,421,142 and appropriates same in the FY 2011 Urban Area Security
Initiative Program Grant expenditure accounts.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Teresa L. Judd
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2011-XXX
55A-4 Page 2 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A-5 Resolution No. 2011-XXX
Page 3 of 3
55A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
CALIFORNIA 9-1-1 EMERGENCY
COMMUNICATIONS OFFICE GRANT
FUNDING
f.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the City Manager, the Fire Chief and the Police Chief to
execute a grant award agreement with the California 9-1-1 Emergency Communications
Office.
2. Approve an appropriation adjustment accepting and appropriating the California 9-1-1
Emergency Communications Office reimbursement program in the amount of $532,478.
DISCUSSION
The Santa Ana Fire and Police Departments are upgrading their 9-1-1 Emergency Telephone
Systems and are eligible to receive funds from California 9-1-1 Emergency Communications
Office. These State funds may only be used for replacing or upgrading communications centers.
The departments plan to upgrade the 9-1-1 phone equipment, purchase communication
equipment and maintenance contracts. The upgrades will improve call time and increase life
safety for the community. The funding offers two purchasing options, reimbursement vs. direct
purchase. Both departments have elected to direct purchase through the State.
FISCAL IMPACT
Approval of the Appropriation Adjustment will increase revenues in the CA 911 CPE Funding
(SAPD) "State Grant-Direct" revenue account (account no. 12814002-52025) by $273,040 and
CA 911 CPE Funding (SAFD) "State Grant-Direct" revenue account (account no. 14615002-
52025) by $259,438; appropriate same into the CA 911 CPE Funding (SAPD) expenditure
account (account no. 12814400-66400) and the CA 911 Funding (SAFD) expenditure account
(account no. 14615400-66400).
55B-1
California 9-1-1 Emergency Communications
Office Funding Grant
September 19, 2011
Page 2
APPROVED AS TO FUNDS AND ACCOUNTS:
e
David'Thomas
Fire Chief
Fire Department
l
d?
Paul M. Walters
Chief of Police
Police Department
A tA --? 1? ?t, 'o V,
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55B-2
Is: 09/19/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA
AUTHORIZING THE CITY MANAGER, CHIEF OF POLICE AND THE
FIRE CHIEF TO EXECUTE A GRANT AWARD AGREEMENT WITH
THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL
SERVICES, 9-1-1 EMERGENCY COMMUNICATIONS OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. Pursuant to a grant award agreement with the State of California Department of
General Services, Telecommunications Division, 9-1-1 Emergency
Communications Office, the City has been awarded $532,478.00 in grant funding.
B. This grant provides funds to upgrade / replace the 9-1-1 phone system including
computer hardware, computer software, installation, and maintenance costs.
C. The grant funding will enable the Santa Ana Fire and Police Departments to
maximize the effectiveness of its emergency communications system.
Section 2. The City Manager, Fire Chief and the Chief of Police or their
designee(s) are hereby authorized and directed to execute the grant award
agreement with the State of California 9-1-1 Emergency Communications Office.
Section 3. The Fire Chief and the Chief of Police or their designee(s) are
appointed as agent for the City of Santa Ana to conduct all negotiations, execute and
submit all documents, including but not limited to applications, agreements,
amendments and payment requests which may be necessary for the completion of
the aforementioned grant.
Section 4. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
Resolution No. 2011-
Page 1 of 2
55B-3
ADOPTED this 19th day of September, 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
AYES Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-XXXX to be the original resolution adopted by the City Council
of the City of Santa Ana on September 19, 2011.
Date:
Clerk of the Council
City of Santa Ana
Resolution No, 2011-
Page 2 of 2
55B-4
09/0F,/?F;: 1 i `i: 49 91665791; 'A,, I F1a::
State of California, California 9.1-1 Emergency Communications Office (9-1.1 Office)
COMMITMENT TO FUND 9.1.1 EQUIPMENT AND SERVICES
TD-2S8 (Rev, 12'06)
PAGE 01.
fttm l ctl To. a Gala wed'By TI State! 444 ?3ffltae O M '
Public Aaency: Santa Ann Fire Depanmant Contractor Name: AT&T
Address. 1,439 south Broadway n,-80 Mailing Address:
-
City, State, Zip: Santa Ana, CA 92707 City.. State, Z.ip
PSAP Manager. Amanda Laser l Representative Jar cushman
E-mail Address a lasertiLci,santa-ana ca us E-Mad Address:
Phone Number: 714-647-5795 Phone Number. 658-866.1140
Fax Number: 714-647-5779 Fax Number:
(X) 9-1-1 Equipment (} 9-1-1 Network () "Draining
( ) 9-1-1 Education ( 1 County Coordinator Expense () 7-Digit Phone tines
( ) Maintenance Other:
Description of Equipment and Services to be funded: AT&T will install and maintain a 5 position Viper with MIS and
LVR in compliance with the terms and conditions of State Contract Number 5-06-56-11 and the associated price quote and
Scope of Work
PurchasefService Information. Include equipment or service description, quantity, part number, unit cost, installation cost,
monthly cost, tax and total cost. Attach contractors quote or PSAP purchase order, where applicable.
Description Quantity Service/ Unit Cost Installation Monthly Total Recurring Total Non=
Eqmt. ID# Cost Cost Recurring Cost
Viper (5 pasitlo?s
) 1 t6,5,385 52 25,970.81 - 191,356 33
'rainm9
Maintenarre 1
48 6, 750.00
607.29
29,149-92 6,750.00
Subtotal
- 29,149.92 198,106.33
Tax and Surcharge 12,817,38
TOTAL APPROVED $240,073.63
TD-288 expiration date: N/A Fiscal Year: 2011x'2012
_All invoices shall refer to tracking number: 14643 Account Name: 30 Sant, Ara FD EQ AT
The State of California's monetary obligation under this agreement in subsequent fiscal years is subject to, and
contingent upon, availability of funds in the State Emergency Telephone Account. Please be advised that this
commitment to fund does not constitute a binding purchase order agreement.
REGbiM ENDED FOR Pi20VAL E3Y Telephone Number
(516) 657-81 E0 APPR VE Y
Dana L. art aDa e
?
U IJ
55B-5
09f06/2011 16:49 916657915? 911 FAX PAGE 02
State of California, California 9.1-1 Emergency Communications Office (9.1-1 Office)
COMMITMENT TO FUND 9-1.1 EQUIPMENT AND SERVICES
TD-288 Rev 12106;
T3?is !Form To P6; Complet6d Sy The Stale q..1 -1 Office
Public Agency: Santa Ann Fire Department Contractor Name: verizon
Address: 1439 south eroadv ay M-eO Mailing Address:
City, State, Zip Santa Ana, CA 92767 City, State, Zip
PSAP Manager. Amanda Laser Representative: Jahn Bourne
E-mail Address: aka ?i santa•arLa,ca.us F.,-Mail Address
Phone Number: 714-64 7.5795 Phone Number: 909-590-5690
Fax Number: 714-647-5779 Fax Number:
Type of Funding Request.
C 1 9-1-1 Equipment ( ) 9-1-1 Network ( ) Training
9-1-1 Education ( ) County Coordinator Expense 7-Digit Phone Lines
(X) Maintenance Other:
Description of Equipment and Services to be funded: Effective November 1, 2011, Verizon wili provide month to month
maintenance for a 5 position Vesta Standard with Magic in compli inre with the terms and conditions of State Contract
Number: 5-06-58-18 and the associated price quote for a period not to exceed 24 months. -Elie PSAP may also terminate
the contract at any time with 30 days notice to Verizon.
Purchase/Service Information Include cuipmerit or ser icF description, quantity, part number. unit cost, installation cast,
monthly cost, tax and total cost Attach contractors quote or PSAP purchase order, where applicable,
Description Quantity Service/
?t. ID# Unit Cost Installat"ton Monthly
Cost Total Recurring
Cost Total Non.
Recurring Cost.
Monthly Maintenance 24 _ 806.83 19,363.92
Subtotal 19, 363.92
Tax and Surcharge -
TOTAL APPROVED $19,363.92
TD-288 expiration date: NIA Fiscal Year: 201112012
All invoices shall refer to tracking number: 15185 Account Name: 30 Santa Ana FD ME VZ
The State of California's monetary obligation under this agreement in subsequent fiscal years is subject to, and
contingent upon, availability of funds in the State Emergency Telephone Account. Please be advised that this
commitment to fund does not constitute a binding purchase order agreement.
RECOM E DED FO APPROVAL BY
Sofia ng Telephone Number
{916} 657-9180 APPROVE OVE
Da Dana L. Earl Date
U v U
55B-6
OWC11/20.' 14: 5 7142458.05
CC/16i2e"I 1!7:,1% 91655??I'_C2
ANA P%,
911 - A;,,
State of California, California 9-1.1 Emergency Communications Office (9-1-1 Office)
COMMITMENT TO FUND 9-1-1 EQUIPMENT AND SERVICES
TV488 (Rev 12,'06)
PAGE 01/02
PAGE $3
K ''" ' f '•
Public Agency: 111
Sana Ana Polio# oepero„4nt
Contractor Name: AT&T
Address: 60 CWC Canter PlIzz Mailing Address: _
-
City, State, Zip:
'SAP Manager: Santa Ana, CA 92702
Zzatta C.-d-,11 -? (City, State, 7ip
{-Representative. Jeff c"tman
E-mail Address: acadael?h?sm,-,ants+ara ce us E-Mail Address:
_Phorte Number_ (714) 245-8650 Phone Number: 8584A& 1140
Fax Number (714) 245-0185 Fax Number
(X) 9.1-1 Equipment (} 9.1-1 !*lehNOrk {) Training
ti ) 9-1-' Education i ) County Coordinator Expanse (} 7-0igit Phone Lines
Maintenance Other:
Description of Equipment and Services to be ftrncted: -AT&T will
instal! and maintain a new 9 position Viper with MIS in
compliance with the terms and conditions of State Contract Number; 5-06-58.11 and the associated price quote and Scope
of work,
Purchase/Service Informa
monthly cost, tax And total tion : Include
cost. Attach c equipment or sen.+ice descri
ontractors quote or PSAP pu ption, quantity,
rchase order, part number,
where applica unit cost, insta
ble. llation cost,
Description Quantity Service/ I Unit Cost Installation Mthly Total Recurring Tats Non-
Egmt. ID# I Cost co" Recurring Gaxt
P
-
V _
o
,iron
iper (9 pntocc}
T ornng 1 182,4"d 7C1 19.274.72 200,091,42
Me,ntenance 1
j 48 5.400 00
1
577 2C I
-
5,400.00
31,5137.52
'
subtotal - 238,598.94
Tax and Surcharge 15,961,46
TOTAL APPRC3yEp $2 54,560,40
TA-288 expiration date: NIA Fiscal Year: 2011/2012
All invoices slldil refer to tracking number: 14494 Account Name: 30 sunta Ana PO EC AT
Th
S
'
e
tam% of California
s monetary obliga ,tion under thfS agreement in subsequent fiscal years is subject to, and
contingent upon, avalfab.t,ty of funds in rite Stern Erner.q ncy Telephone Accot,rtt. Atease be advised that thi
s
committflent to fund does not constitute a binding
Purchase orrice 29reement.
-
RECOM :N D FOR PPROVAL 4y Telephone Number --
PRi?VEp
Rate
E
G
6
?c
Sofia L ti (916) 057.99
80 Dana L.
, Earl
J (J ?J
55B-7
09;0 /?a11 14:15 7142453185
U0; JIV 2"311 10:37 91ia557915
At?!A PD
State of California, California 9.1-1 Emergency Communications Office (9-1.1 Office)
COMMITMENT TO FUND 9-1.1 EQUIPMENT AND SFRNACES
TO.288'Rnv 1216)
PAGE 02/02
PAGE 62
iR
Lt`?cI!
1 ZrlC Agency: Santa Ana Polka papartrrtetrt ! Contractor Name: AT&T
Address sc cv? w-nt@r aaze Mailing Address-
City, State, Zip. Sits Ann. CA 92%2
- City, .State. Zip
-
PSAP Manager: Suzette Caddell Represent atPve: Jeff Cuahman
E-mail Address: Aiatidell San10•4na L0.U _ F-Mail Address.
Phone' Number. (714) 246-111550 Phone Number: 15611.06-11 IQ
Fax Number (7'4) 246-61"15 Fax Number:
Type of Funding Requ89t:
( ) 9-1-1 Equipment ( ) 9.1-1 Network. O -Training
( 5.1.1, EduG2tlon ; 0-::)unt^y Cuordmatcr Expense ! l 7-0igit Phone Liner
(X) Maintenance Other.
Description of Equipment and Services to be funded: Effective November 2011, AT 9T will provide month to month
maintenance !or a nine 1'9), position Lifeline 100 ,Wit NITS in comolfance with the terms and conditions of State Contract
Number. 5-46.58-11 and the issodated price quote for a period pot to exceed 12 months. The PSAP may also terminate
the rontract al any time with 30 days notice to AT&T.
Purchase/Service Information : Include equipment or."mice description, quantity, part number, unit cast, installation cost,
mcnth?y cost, tax and total cost- Attach contractors quote or PSAP purchase order, where applicable.
Description Quantity Sorvicel
Egret. iD# Unit Cost Installation Monthly
Gosh Totes Recurring
coat Toed Non.
RecurKrig CW1
Monthly lk'awienenpe 12 1,539.94 18,479,28
I
Subtotaf 16,479.28
_
Tax and Surcharge
TOTAL APPROVED $15,479.28
TD-2U expiration date: NIA Fiscal Year: 2011/2012
All Invoices shall refer to tracking number: 15154 Account Name; 34 Santa Ana PD ME A'
The State of Catltom/a monetary obligation under this agreement in subsequent Mscal years is subieC( to, and
contingent upon, availability of funds in the State Emergency Telephone Account, Masse be advised that this
commitment to fund doles not constitute a bfnding purchase order agreemenf-
RECOMM [} D FOR PPROVAL BY
one Nvrntxar APPROVED
Date
?? -?
?
t:
7
I
.? o
)657.4
a L Dana L. Earl
-
-
7 T
) U U
55B-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
RESOLUTION AMENDING THE RULES AND
PROCEDURES FOR MEETINGS OF THE
CITY COUNCIL AND REPEALING
RESOLUTION NO. 2009-043
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15f Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a Resolution amending the rules and procedures for meetings of the City Council.
DISCUSSION
On August 3, 2009, the City Council adopted Resolution No. 2009-043 that revised the rules and
procedures for meetings of the City Council. The attached resolution further revises the rules,
while fully complying with the requirements of the Ralph M. Brown Act and the City Charter. It
provides the Council with more flexibility in conducting its regular Council meetings by
streamlining some procedures for public comment in compliance with state law while continuing
to ensure that the business of the city is carried out effectively. The resolution also establishes
that the Regular Open Meetings of the City Council shall begin at 6:00 P.M., following the Closed
Session.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
Attached: Resolution
55C-1
55C-2
MC 09/14/2011
RESOLUTION NO. 2011-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING RULES AND PROCEDURES
FOR MEETINGS OF THE CITY COUNCIL AND
REPEALING RESOLUTION NO. 2009-043.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Section 409 of the City Charter and Sections 2-100 et seq. of Santa Ana
Municipal Code call for the city council to adopt rules and procedures for
the scheduling and conducting of meetings of the city council.
B. The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5
of the California Government Code beginning with Section 54950 (the
"Brown Act") sets forth statewide standards for meetings of local agencies
including the Santa Ana City Council.
C. The city council desires to update and revise the various meeting
procedures and standards for decorum of city council meetings in
conformance with the Brown Act and in furtherance of the need for well-
managed, efficient and accessible meetings.
Section 2. Council meetings, time and place.
(a) Regular meetings of the city council shall be on the first and third Mondays
of each month. The meeting shall begin no sooner than the hour of 5:00 p.m. for Closed
Session followed by the Regular Open Meeting at 6:00 p.m. The city council shall
publicly convene the meeting and then recess to conduct closed or executive sessions.
(b) Regular meetings of the city council shall be +n" convened at the
meeting location and time as specified on the agenda
ad-
Z i I ?e h a ??mbe r,=?nQ V
After being convened, all meetings
may be adjourned to such other place or places as the city council may order.
(G) Netwithstandin the feFegGiRg, by metien made
ffleet4lg-the
mee4nq. (Not necessary since (a) is being revised)
55C-3
Resolution No. 2011-XXX
Page 1 of 5
(d) if b
erne
determined by the mayer or foUF (4) members of the Gity GOUR (Not necessary since
(a) is being revised)
(c)(---) Special meetings of the city council may be held at such locations as
stated in the action calling such meetings and otherwise in conformance with the Brown
Act.
Section 3. Agenda.
The clerk of the council shall prepare an agenda for each regular and special meeting of
the city council containing all items known by such officer to be considered. The order of
placing items on the agenda shall be approved from time to time by the city council. The
agenda shall contain such information as required by the Brown Act.
Section 4. Rules of Procedure.
Procedures before the city council shall be governed by the most current edition of
Robert's Rules of Order, Newly Revised. Application of such procedures shall be
vested in the sound discretion of the presiding officer.
Section 5. Decorum; Time limits and other regulations for speaking.
(a) The city council shall preserve decorum and an orderly procedure during
debate. Councilmembers desiring to speak shall seek recognition from the presiding
officer. Upon being recognized, a councilmember shall confine his or her comments to
the questions under debate. A councilmember, once recognized, should not be
interrupted unless a point of order is raised by another member. The presiding officer
should not recognize a councilmember to speak who has already spoken on a matter
under debate until all other councilmembers who wish to be heard have spoken. A
councilmember should limit himself or herself to three (3) minutes at any one time
without permission of the presiding officer. At the end of each meeting, the presiding
officer shall recognize each councilmember who may speak up to three (3) minutes on
matters of public or community interest.
(b) The agenda for all regular meetings of the city council shall provide
members of the public the opportunity to address the city council on agendized matters
and non-agendized matters as required by the Brown Act. All requests to speak shall
be submitted in writing and submitted to the clerk of the council. No such requests shall
be accepted after the public comment session begins without permission of the
presiding officer. The agendas for adjourned, special and emergency meetings of the
city council shall provide for public comment as provided in the Brown Act.
Resolution No. 2011-XXX
Page 2 of 5
55C-4
(c) Subject to (d) below, members of the public shall be given a total of three
(3) minutes to: (i) address the city council on any and all matters contained on the city
council agenda as well as the agendas of any of the City's related entities, such as the
community redevelopment agency or the housing authority, if those entities have
meetings scheduled at the same time, and/or (ii) address any matters of public interest
provided that they are within the jurisdiction or official business of the City of Santa Ana.
(d) For public hearings, members of the public shall be given three (3)
minutes to address the city council for each duly noticed hearing, unless continued prior
to taking testimony. This time limitation shall not apply to the applicant/appellant and/or
their representative(s) whose matter is the subject of the public hearing. Applicants
shall limit their presentations to a reasonable period of time, subject to the discretion of
the presiding officer.
(e) 4) Upon being recognized by the presiding officer, a speaker shoulda4 step
to the designated speaker location, state his-er her name and address for the record,
and identify the matter by agenda designation (if applicable), and direct his. heT
remarks to the city council as a body and not to any individual member thereof. A
speaker shall not be denied an opportunity to speak if they do not wish to state their
name and address for the record. No person other than members of the council and the
person having the floor may be permitted to enter into the discussion without permission
of the presiding officer.
(f) ?g) It shall be within the sound discretion of the presiding officer to set a
maximum time for public comment. In setting any limit, the presiding officer shall take
into consideration the level of public interest in the matters in question, the length of the
meeting and the need to provide for an orderly and effective meeting. As a means of
limiting time while maximizing the public's opportunity to address the city council, if a
group of people seeks to address the Council on the same matter or topic, the presiding
officer may direct the group to designate a spokesperson or limited number of speakers
to address the city council.
(g) "The following rules shall apply to all persons addressing the city council.
All speakers shall are requested to:
-direct all testimony to the city council or the presiding officer and not
individual council members,
-when speaking on agenda matters, limit thek comments to the agenda
item(s),
-when speaking on non-agenda matters, limit threiF comments to matters
within the jurisdiction or official business of the City of Santa Ana, and
-refrain from profane language, racial epitaphs, libelous or slanderous
statements that disturb the decorum of the meeting.
Resolution No. 2011-XXX
55C-5 Page 3 of 5
(h) 0 The presiding officer shall have the power and responsibility to enforce
decorum and order of the meeting as set forth in Section 2-104(c). Among the other
means of enforcement, the presiding officer may order the podium microphone turned
off and/or video broadcast interrupted when the presiding officer has determined that an
individual or group has disrupted the meeting, or the individual or group has exceeded
their allotted time to speak without permission of the presiding officer.
(i) All cell phones, pagers, or electronic devices belonging to the public,
press, or personnel that may be disruptive must be placed on vibrate mode/quiet or be
turned off while a meeting is in session.
Section 6. The provisions of Section 4 and Section 5 of this resolution shall
apply to meetings of committees of the city council, as may be modified from time to
time by such committees.
Section 7. This Resolution shall supersede Resolution 2009-043 and shall
take effect immediately upon its adoption by the city council. The clerk of the council
shall attest to and certify the vote adopting this Resolution.
ADOPTED this day of 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
MELISSA CROSTHWAITE,
Deputy City Attorney
AYES: Councilmembers:
NOES: Councilmembers
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Resolution No. 2011-XXX
Page 4 of 5
55C-6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Maria D. Huizar,
Clerk of the Council
Resolution No. 2011-XXX
Page 5 of 5
55C-7
55C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
BUDGET STABILIZATION REPORT
i I
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Manager to implement a budget stabilization plan based on the framework of a
four-pronged approach that includes:
1. Negotiated compensation reductions
2. Outsourcing services
3. Restructuring and service reductions
4. Revenue increases
DISCUSSION
Like many cities, Santa Ana has been severely affected by the economic recession. Major city
revenues, including sales tax, property tax and the utility users' tax have declined. In addition,
the State has balanced its budget by taking local government monies causing further decreases
in the City's ongoing revenues. Further, the nationwide financial collapse has severely affected
the City's PERS rates which have increased significantly over the last few years.
To respond to these revenue losses, the City has made reductions in its staffing levels and in
employee compensation. Since 2009, the City reduced its staff by 390 positions through attrition,
outsourcing, reorganizing and layoffs. The City also renegotiated its compensation agreements
with its employees to eliminate or defer raises, and to increase employee contributions toward
benefits and retirement. Work furloughs were also implemented. Despite these reductions,
expenditures have continued to far exceed revenues.
Management Partners was hired earlier this year to review the City's budget and to make
recommendations for a budget stabilization plan. The purpose of the consulting firm's review was
to identify ways to reduce costs and increase revenues to align the City's expenditures with its
recurring revenues. This staff report incorporates some of the key findings of the study and
presents staff's recommendations for implementation of a budget stabilization plan.
60A-1
Budget Stabilization Plan
September 19, 2011
Page 2
In June, the City adopted the FY 2011-12 budget that included a structural deficit of $13.6 million
between expected revenues and planned expenditures. This budget gap will be filled through a
combination of: 1) projected savings from anticipated retirements, 2) departmental reductions and
reduced purchases, and 3) the use of internal service funds that were above required levels in
the City's liability and workers compensation funds. However, most of these strategies do not
address the inherent structural deficit. The chart below shows that while reductions were made
over the past several years, and have been planned for in FY 2011-12, they are not all structural
in nature nor are they deep enough.
The following ten-year financial perspective illustrates the problem that the City has been
experiencing over the past five years and the gap between revenues and expenditures in the
current and coming years. The chart below was developed by Management Partners and was
based on known information at the time the 2011-12 Budget was adopted. Since the adoption of
the budget, new risks have emerged such as the elimination of vehicle license fees and the
decline of utility user tax revenues.
Ten-Year Financial Perspective
(Based on FY2011-12 Adopted Budget Showing a $13.61VI Deficit)
Million
$240.0
$230.0
$220.0
$210.0
$200.0
$190.0
$180.0
$170.0
$232.0
$223.0 $223.0 $223.0
$218.1
1 .s
$220. $210.0
$218.2
$21z.s
$209.4 $201. $210.8
203.5
$199.2 $199.8
Actual Actual Actual Actual Estimated Adopted FY 12/13 FY 13/14 FY 14/15 FY 15/16
FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12
-A-Total General Fund Revenues & Transfers - In (Total General Fund Expenditures and Transfers - Out
To bridge the structural deficit, the City's unrestricted fund balance was used to maintain
services. Currently it is estimated that there is only $5 million in unrestricted funds remaining. The
recommended reserve level by the Governmental Finance Officers Association is two months of
operating expenses which for Santa Ana would be approximately $35 million. The following chart
illustrates the use of the City's unrestricted funds over the past five years.
60A-2
Budget Stabilization Plan
September 19, 2011
Page 3
General Fund Unrestricted Balances
(Savings were used to maintain operations)
Millions
500
450
40.0
350
300
250
20.0
150
100
50
00
FY 05-06 FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY10-11'
'Estimated
Note: Economic recession began in late 2007
Looking to the FY 12/13 year, the deficit is projected to grow to an estimated $30 million. This is
due to ongoing declines in revenue associated with the economic recession, further takeaways
from the State, increased costs from pre-negotiated compensation changes and increased
pension costs.
FY2012-13 Budget Forecast
Base 2012-13 Forecast:
Revenues* $188.5M
Expenditure $218.1M
Base Structural Deficit $29.6M**
*Includes loss of Vehicle License Fees and $10M loss of UUT revenues.
**Excludes additional potential revenue declines. Excludes impacts associated with the elimination of
RDA estimated at $0.5M to $6M to the GF.
60A-3
Budget Stabilization Plan
September 19, 2011
Page 4
Recommended Approach
To balance the City's budget, approximately $30 million in structural changes must be in place by
July 1, 2012. Budget adjustments need to begin by January 2012 to preserve the City's fund
balance. The City's internal service funds need to be reserved for their intended purposes and
not utilized to balance the budget.
Thus, over the past several months City staff has worked to create an action plan to stabilize the
budget. A four-pronged approach is recommended to ensure that the City reduces its costs to
match recurring revenues. The recommended four-pronged approach includes:
1. Negotiated compensation reductions: City needs to reduce salary and benefits provided to
the workforce through a negotiated process. With closed contracts in place, this will require
the collaboration of our bargaining units.
2. Outsourcing: City is obtaining requests for proposals from other service providers to
preserve services to the community while obtaining them at a lower cost. Only through
obtaining proposals will the City know what level of savings, if any, can be achieved.
¦ Fire department services
¦ Fire dispatch services
¦ EMS ambulance service
¦ Jail services
¦ Police department services
¦ Parking control and meter services
¦ Animal control services
¦ Fleet maintenance
¦ Library services
¦ Workers' comp administration
¦ Zoo
¦ Central stores
¦ Street sweeping (sanitation fund)
¦ Bowers Museum contract
Each proposal will need to be analyzed for its cost effectiveness and submitted to the Council
for consideration. Implementation dates will be based on the complexity of the program, but
are expected to begin in January 2012. In addition, when it makes economic and business
sense the City will look at in-source opportunities.
3. Restructuring and Service Reductions: Departmental budget reductions including
reorganizations and service reductions must be implemented. These reductions in services
will depend on the dollars saved through negotiated compensation reductions and
outsourcing.
60A-4
Budget Stabilization Plan
September 19, 2011
Page 5
4. Revenue increases: City will gather information to possibly seek voter approval for new
and/or enhanced taxes. Staff is also working on full cost recovery for all City programs
including the paramedic subscription and false alarm programs where opportunities exist to
increase revenues.
Also, the City is looking into generating additional revenue from the utility franchise fee as well
as from the marketing of City assets and potential sponsorships.
In addition to these four areas, I have implemented a series of expenditure control measures.
These include: eliminating overtime unless pre-approved or warranted by contract, defer all
major capital purchases that are not mission critical and maintain all vacancies and initiate a soft
hiring freeze.
It is equally important to note that underlying this four-pronged approach are prudent fiscal
principles, which not only stabilize the budget, but are critical as the City begins to build its
financial health. These fundamental fiscal principles are:
1. Fund ongoing expenditures with recurring revenues.
2. Preserve remaining unrestricted fund balance and build a general fund reserve.
3. Utilize internal service fund for intended uses, emergencies, contingencies, cash flow, and
transition costs in service delivery.
4. Negotiate future compensation agreements that can be sustainable and affordable based on
City's financial capacity.
To begin to implement these principles I have asked for the assistance of an outside financial
consultant to review our budget and expenditure/revenue plan and have requested that bond
counsel review our current portfolios. These actions are to ensure that Santa Ana proceeds forth
in a prudent and responsible manner.
Throughout this process the City is committed to providing timely and relevant information to the
public and to its employees. A new electronic newsletter to residents will be operational in
October and the City's website and water bill inserts will be used to communicate to the public.
An internal web page with budget updates has been made available for our employees with a
portal site to gather their suggestions.
FISCAL IMPACT
The four-pronged approach identified above is designed to, enhance City revenues, reduce
expenditures in the general fund by $30 million, to bring expenditures in line with available revenues
and to stabilize the City's budget.
f f `
Paul M. Walters
Interim City Manager
60A-5
60A-6
ROH (09/19/11)
RESOLUTION NO. 2011-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA STATING ITS INTENTION TO DISESTABLISH
THE DOWNTOWN SANTA ANA COMMUNITY
MANAGEMENT DISTRICT, AND SETTING A TIME AND
PLACE FOR PUBLIC HEARING THEREON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On December 15, 2008, in compliance with Article XX of Chapter 13 of the
Santa Ana Municipal Code (the "Law"), the City Council established the
Downtown Santa Ana Community Management District (the "CMD") by
adopting Resolution No. 2008-078.
B. Section 13-214 of the Law permits the dissolution of the CMD by
resolution after the city council first adopts a resolution of intent to
disestablish the CMD prior to the required public hearing.
C. The City Clerk has received multiple petitions seeking the
disestablishment of the CMD.
D. On August 1, 2011, Mayor Pro Tem Claudia Alvarez requested that staff
begin proceedings to disestablish the CMD. On August 24, 2011, the City
Council decided to continue this item for future consideration.
Section 2. Pursuant to Sections 13-214 of the Law, the City Council hereby
declares its intention to set a public hearing regarding the disestablishment of the CMD.
This action is taken in response to the multiple petitions received by the City Clerk
requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty-
six (56) signatures on petitions protesting against the existence of the CMD. In addition,
this action is supported by the fact that there were multiple individuals in support of
alternative maps presented to the City Council proposing reduced boundaries to the
current CMD. Further, although the City had the authority to vote for the establishment
of the CMD as a property owner in the zone, there are questions regarding the overall
support for the CMD from the remaining property owners during the vote if the City had
not cast votes in support of the CMD.
Resolution No. 2011-XXX
85A-1 Page 1 of 3
Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a
public hearing on the disestablishment of the CMD on November 7, 2011, at 6:00 p.m.,
or as soon thereafter as the matter may be heard, in the City Council Chambers located
at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council
will consider adopting a resolution disestablishing the CMD. The City Council will also
hear all persons for or against disestablishment of the CMD.
Section 4. If the CMD is disestablished, any remaining revenues, after all
outstanding debts are paid, derived from the levy of assessments, or derived from the
sale of assets acquired with the revenues, or from bond reserve or construction funds,
shall be refunded to the owners of the property or businesses then located and
operating within the CMD in which assessments were levied by applying the same
method and basis that was used to calculate the assessments levied in the fiscal year in
which the CMD is disestablished, in accordance with section 13-214 of the Law.
Section 5. The notice of the hearing on disestablishment required by section
13-214 of the Law shall be given by mail to the property owner of each parcel or to the
owner of each business subject to assessment in the district, as appropriate. The
notice shall be mailed to the property and/or business owners at least thirty (30) days
prior to the date of the public hearing.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 19th day of September, 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Joseph A. Straka
Interim City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2011-XXX
Page 2 of 3 85A_2
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2011-XXX
85A-3 Page 3 of 3
85A-4