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Home My WebLink About SA FULL PACKET_2015-05-19MINUTES OF THE SPECIAL MEETING OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER FEBRUARY 17, 2015 COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:29 P.M. ATTENDANCE AGENCY MEMBERS Present: MIGUEL A. PULIDO, Chair VINCENT F. SARMIENTO, Chair Pro Tern ANGELICAAMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO AGENCY MEMBER Absent: ROMAN A. REYNA STAFF Present: DAVID CAVAZOS, Executive Director SONIA R. CARVALHO, Legal Counsel MARIA D. HUIZAR, Recording Secretary PUBLIC COMMENTS - None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar items 1 Through 3. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, MINUTES OF THE CITY OF SANTA ANA 1 FEBRUARY 17, 2015 ACTING AS SUCCESSOR AGENCY 1 -1 1. SPECIAL MEETING MINUTES OF OCTOBER 21, 2014 AND NOVEMBER 18, 2014 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council MOTION: Approve Minutes. 2. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER {STRATEGIC PLAN NO. 4, 11 MOTION: Receive and file. 3. RECOGNIZED OBLIGATION PAYMENT SCHEDULE 15 -16A AND ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2015 THROUGH DECEMBER 31, 2015 {STRATEGIC PLAN NO. 4, 11 MOTION: 1. Receive and file the Recognized Obligation Payment Schedule 15- 16A and Administrative Budget for the period of July 1, 2015 through December 31, 2015 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. 2. Direct the City Manager and/or Director of Finance or their designees, as delegated officials of the Successor Agency, to make or accept any augmentation, modification, additions, or revisions to the Recognized Obligation Payment Schedule 15 -16A or the Administrative Budget as the City Manager and /or Director of Finance or their designees may deem necessary and appropriate in their reasonable discretion, based on review or communications from the Oversight Board or the State Department of Finance. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEM 4. AGREEMENTS REGARDING INDEMNITY, WAIVER AND RELEASE REGARDING PASS THROUGH OBLIGATIONS WITH THREE TAXING ENTITIES {STRATEGIC PLAN NO. 4, 1} MINUTES OF THE CITY OF SANTA ANA 2 FEBRUARY 17, 2015 ACTING AS SUCCESSOR AGENCY 1 -2 MOTION: Authorize the City Manager and Clerk of the Council to execute the agreements regarding indemnity, waiver and release regarding pass through obligations with the Districts listed below, subject to non - substantive changes approved by the City Manager and City Attorney, to include retro- active pass through payments as enforceable obligations on the Recognized Obligation Payment Schedule 15 -16A for the period of July 1, 2015 through December 31, 2015, in an amount not to exceed $5,081,007.97 1) AGMT— With Santa Ana Unified School District 2) AGMT —With Orange Unified School District 3) AGMT — With Rancho Santiago Community College District MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) COMMENTS Martinez, Pulido, 5. CITY COUNCIL ACTING AS SUCCESSOR AGENCY COMMENTS — None ADJOURNED - 7:30 P.M. Maria D. Huizar, Recording Secretary MINUTES OF THE CITY OF SANTA ANA 3 FEBRUARY 17, 2015 ACTING AS SUCCESSOR AGENCY 1-3 1 -4 REQUEST FOR SUCCESSOR AGENCY ACTION MEETING DATE: MAY 19, 2015 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER (STRATEGIC PLAN NO, 4,1) CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF THE COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Implementing Resolution ❑ Other t FILE NUMBER On November 19, 2012, the City Council of the City of Santa Ana acting as Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency) established the City Manager's authority to execute agreements in an amount not to exceed $25,000. This authority required the submission of a quarterly report to the Successor Agency at a public meeting on all such agreements, including the names of contractors and the amounts of each contract. There were no agreements that were entered into during the period of January 1, 2015 through March 31, 2015, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 Fiscal Sustainability, Objective #1, (Maintain a stable, efficient and transparent financial environment), FISCAL IMPACT There is no fiscal Impact associated with this action, y Reenders Executive Director Community Development Agency 2 -1 2 -2 REQUEST FOR COUNCIL / SUCCESSOR AGENCY ACTION CITY COUNCIL MEETING DATE: MAY 19, 2016 TITLE: SECOND AMENDMENT AND EXTENSION OF SETTLEMENT AGREEMENT AND MUTUAL AND GENERAL RELEASE WITH GERALD FEEBLER FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS WITHIN THE SOUTH MAIN CORRIDOR {STRATEGIC PLAN NO. 6, 1} CITY MANAGER RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: QW09007i4a, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO _. _ VPZL,T] :7 Authorize the City Manager and the Clerk of the Council to execute the second amendment and extension of the settlement agreement and mutual and general release with Gerald Peebler to extend the deadline for Peebler /UCI to submit the list of proposed public improvements to December 31, 2015, and the deadline for the City to review and approve the list will be extended to March 31, 2016, subject to non - substantitive changes approved by the City Manager and City Attorney. SUCCESSOR AGENCY ACTION Authorize the City Manager and the Clerk of the Council to execute the second amendment and extension of the settlement agreement and mutual and general release with Gerald Peebler to extend the deadline for Peebler /UCI to submit the list of proposed public improvements to December 31, 2015, and the deadline for the City to review and approve the list will be extended to March 31, 2016, subject to non - substantitive changes approved by the City Manager and City Attorney. DISCUSSION On November 18, 2014, the City Council authorized a Settlement Agreement and Mutual and General Release with Gerald Peebler. The Settlement Agreement, dated November 14, 2014, stipulated the establishment and deposit of $4.7 million into the "feebler Fund" for the 3 -1 Second Amendment and Extension — Settlement Agreement May 19, 2015 Page 2 construction of public improvements within the South Main Corridor area, $250,000 for design services to be provided by Gensler and Associates, and other provisions. One of those provisions specified that within six months of the date of the original settlement agreement, Peebler /University of California, Irvine School of Law, Community and Economic Development Clinic ( "UCI ") is required to submit a list of proposed public improvements to the City for review and approval, and that the City will be required to approve the list of publicimprovements for development within nine months of the date of the agreement. These deadlines are currently May 14, 2015 and August 14, 2015, respectively. To date, Peebler /UCI has not executed the agreement with Gensler and Associates for design services and is not ready to submit the list of proposed public improvements by the May 14, 2015 deadline. Therefore, Peebler /UCI has requested an extension of the deadlines. In order to provide Gensler sufficient time to provide the design services in order for the list of proposed public improvements to be developed, it is recommended that Peebler /UCI's request be granted. Therefore, the Second Amendment and Extension of Settlement Agreement and Mutual and General Release (Exhibit 1) will extend the deadline for Peebler /UCI to submit the list of proposed public improvements to December 31, 2015, and the deadline for the City to review and approve the list will be extended to March 31, 2016. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT There is no fiscal impact associated with this action. Kelly Reenders Executive Director Community Development Agency kr /sg /sb Exhibit: 1. Second Amendment and Extension of Settlement Agreement and Mutual and General Release 3 -2 SECOND AMENDMENT AND EXTENSION OF SETTLEMENT AGREEMENT AND MUTUAL AND GENERAL RELEASE This Second Amendment mid Extension of Settlement Agreement and Mutual and General Release ( "Amendment ") is entered into this 19' day of May, 2015, by and between Gerald Peebler ( "Peebler "), the City of Santa Ana, a charter city and municipal corporation ( "City ") and the Successor Agency to the Former Redevelopment Agency of the City of Santa Ana ( "Successor Agency "). Peebler, City and Successor Agency are collectively referred to herein as the "Parties," RECITALS: A. The Parties entered into the Settlement Agreement and Mutual and General Release ( "said Agreement ") dated November 14, 2014 whereby the City agreed to establish and deposit Four Million Seven Hundred Thousand Dollars ($4,700,000) into a separate fund (the "Peebler Fund ") which was to be used solely for the following purposes: a. Construction of public improvements (the "Public Improvements ") as proposed to be developed by Gensler and Associates in the South Main Corridor (as defined below) and as approved by the City, as more fully set forth in said Agreement, b. Administrative and related costs incurred by the City arising from and related to the implementation of said Agreement, in an amount not to exceed Twenty Percent (20°/o) of the cost of the Public Improvements; and c. Peebler's litigation costs in the amount of Six Thousand Four Hundred Nineteen Dollars and Thirty -three Cents ($6,419.33) to be paid to the University of California, Irvine School of Law, Community and Economic Development Clinic ( "UCI "). B. In addition to the Peebler Fund, City agreed to allocate an additional Two Hundred Fifty Thousand Dollars ($250,000) ( "Design Fun<17) to pay for the services of Gensler and Associates ( "Gensler ") to develop a plan For the Public Improvements in the South Main Corridor. As used in said Agreement, "South Main Corridor" means (i) South Main Street between Warner Avenue and first Street; and (ii) First Street between Parton Street and Standard Avenue, "Public Improvements" was defined to mean public facilities, streets, drains, sewers, parks, sidewalks, streetscapes, landscaping and lighting located on public property or in public rights -of -way. C. Per said Agreement, UCI was to contract with Gensler to prepare the Public Improvement projects for the South Main Corridor, and submit claims to the City for reimbursement, along with supporting documentation, for payment to Gensler. The Parties agreed that in no event sball the City be obligated to pay more than Two Hundred Fifty Thousand Dollars ($250,000) for the costs of the design work for the South Main Corridor Public Improvements. B(II EY 1 D. Said Agreement was amended on January 30, 2015 to clarify that certain litigation costs ($998.75) awarded by the trial court in Peebler v. Department of Finance, Sacramento County case number 34 -2012 - 80001172 -CU -MW -GDS were to be paid to UCI from the Peebler Fund by the City /Successor Agency. E. Said Agreement contained certain timeframes and deadlines that must be amended and extended by this Second Amendment. NOW, THEREFORE, for and in consideration of the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The second paragraph of Section 3 of said Agreement shall be amended and extended to allow for an additional seven (7) months for UCI and /or Design Finn to submit a list of proposed Public Improvements to City for review and approval on or before December 31, 2015, so that a list of City- approved Public Improvements can be developed within ten (10) months of the date of this Amendment or by March 31, 2016, 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. {Signatures on Following Page) 3 -4 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said Agreement the date and year first above written. ATTEST: Maria Huizar Clerk of the Council APPROVED AS TO FORM: Sonia Carvatho, City Attorney -2 Lisa Storek, Assistant City Attorney RECOMMENDED FOR APPROVAL: Kelly Reenders, Executive Director Community Development Agency CITY OF SANTA ANA David Cavazos City Manager SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA David Cavazos City Manager SCOTT PEEBLER, as successor in interest to Gerald Pechter APPROVED AS TO FORM: Carrie Hempel, University of California Irvine School of Law 3 -5 3 -6