Loading...
HomeMy WebLinkAbout FULL PACKET_2008-04-07Y SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting January 29, 2008 CALL TO ORDER The meeting was convened at 5:30 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez and David Benavides; Council member absent: Sal Tinajero Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Marc Martin, Police Deputy Chiefs Tony Levatino and Tony Harrelson, Police Community Services Specialist Mike McCoy, and Recording Secretary Janet Chop. Public present: Beatrice Calderon, Shirley Harrelson, Don Harrelson, Dan Gleason, Beatriz Sosa, and Thomas Gordon. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the November 27, 2007 meeting.. 2. POLICE DIRECTED PATROL TEAMS Dep. Chief Levatino gave a brief overview of the Directed Patrol Teams in each Division of the City and how they operate. Each team focuses on issues that pertain to their specific area using a problem solving approach. 3. DOWNTOWN ISSUES UPDATE Dep. Chief Levatino continued his report of the ongoing issues in the downtown area and how the Civic Center Patrol and also the Downtown officers are responding to the needs of the merchants. He further stated that the Health Team is working to resolve homeless issues by identifying the problems people are having and referring them to the proper avenue for help. Committee member Benavides requested that communications remain open and work together with the merchants to resolve their police problems, such as issues with the homeless and burglaries in the area. 4. TOWNSEND AND BISHOP PROJECTS UPDATE Dep. Chief Levatino also reviewed the Townsend and Bishop Projects. The Townsend Street task force has been formed with multiple agencies involved and are still in the analysis phase. He will report back with updates as the team progresses. He reviewed what the Bishop Street Task Force has been doing along with other agencies to improve the complex. 13C-1 2 5. REPORT ON GRAFFITI ARREST CONSEQUENCES Dep. Chief Harrelson reviewed disposition of graffiti arrests and the consequences imposed by the court for juveniles and adults. He gave a sampling of the last two months of the normal penalties of fines and community service that were imposed. The Committee had questions regarding specific offender cases and requested that the item be brought-back to the next meeting to show the final outcome on the individual cases. 6. CITY HALL SECURITY PCSS Mike McCoy presented a City Hall and Ross Annex security proposal that would address security concerns of public access to the facility. The Committee felt the proposal was not cost effective and would present a burden to city staff. They recommended that other steps be taken to secure the building. The Police Department will work with each Department to take measures to secure their floors. ACA Paula Coleman will investigate alternative legal options for securing the floors in these buildings. 7. POLICE AND FIRE DEPARTMENTS ASSESSMENT NEEDS There was no change at this time. The Committee was concerned regarding how the State's financial crisis will impact the City's public safety resources. 8. PUBLIC COMMENTS The citizens present spoke regarding graffiti and associated issues, fireworks booths, and the status of the Underage Drinking Resolution. 9. COMMITTEE MEMBER COMMENTS No further comments. 10. ITEMS FOR NEXT MEETING A. Fireworks for July 2008 B. Study of SAMC Chapter 11, Dance Ordinance C. 2007 Crime Rate Statistics D. Downtown Issues E. Graffiti Arrest Updates F. State Impact on Police and Fire Department Resources G. Fire Department Items of Interest 11. NEXT MEETING DATE: February 26, 2008, 5:00 PM, Santa Ana Police Facility, 60 Civic Center Plaza, 4th floor conference room, Santa Ana, California. AD.1~-URNED: 7:00 PM PAUL M. WALTERS Chief of Police jc 13C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS r :,_~ ,/ i / ,~, f~ ~w,. ~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 °t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 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. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 ,, . MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: February 27, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. c < ~. 1 1, c7 ~' ,... - r qa ~ ~ w- ~ _ ,, N `'J 'y ;- f°` ~ ~ 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ Feb 2005 and prior Materials implementation of recruitments.** Bilingual Forms certifying bilingual capabilitiesfer Feb 2005 and prior Certification f or Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at Feb 2005 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by Feb 2005 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of Feb 2005 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only- original signed eligible lists are with recruitment file folder (according to classification title)).** See attached spreadsheet, dated February 27, 2008, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: l~~ ~ ~. Susan Wathen for Date Michael S. Ernandes Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: nriq a ate Exec a 'rector Pers nnel ervices Department APPROVED BY: JrSseph Fletc erg Date City Attorney 19C-3 O C J N O U C O U D .a 0 U m a~ a~ 0 M O O N ti N (II L LL O .-, c O U ca Q ~ i a ~ ~ :~ ~ v v ~n ~n ~ ~n v v~ ~t ~n ~n • ~ ~n ~n ~r ~n ~ ~n ~ a,~ o ~ 0 ~ 0 ~ o ~ C o ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ ~ ~ o ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ LLJ ~ ~ CO O r a i ~ d' r OO N I~ ~ - CO ~ M ti O N M r 0 ~ 0 ~ .- ~ N ~ Q N ~ N ~ O ~ O ~ N ~ O ~ O ~ Q N ~ ~- ~ O ~ r ~ O ~ N ~ r ~ N ~ O w, W ~ N ~- N r N 0 r 0 ~ z r O N O N r N r N r N 0 N 0 ~ Q r O r O N O N r N O N r N O N r _ ~ ~ _ Z J ~ ~h ~ ~ ~ Ln lf) ~ ~ ~ d' ~ Ln ~ ~ d' l1~ ~ ~ ~ ~ ~ ~ O O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O O O O C6 (A M 07 00 O I~ M O B l!') N d' M N r N N O) ~ O ~ O ~ ~' ~ O Q O r N N r N r N r r N ~- O N O N r r r r Q r (~ r O r N r r r O r r r r O r r r r r N N N r r O r O O r O r r O O r r r O r O r O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ r- O M f~ I~ Ln M In N ~ O M r r ~ ~ M CO M 00 ~ ~ Q O O ~ r ~ r ~ O ~ N ~ O ~ O ~ O ~ N ~ O ~ O ~ N ~ r ~ O ~ O ~ r ~ O ~ O ~ O ~ O ~ O ~ W r O r N N r r O O r r r O O r N ~-- r N N N r r O r r O r O r r O r O r r r r O r O r ~ ~ ~ ~ • .~ U c U ~ ^ '' vJ i~ `i ~ cn ~ c U ~ ~ ' L ~ . .~ ~ a ~ . `~ m ~. ° ~ - `. ~ ~ U ~ c v ~. ca ~ j c° a~ ~ • ~ ' c ~ ~ °~ ~ c ~ U ~ ~ co ~ - cv N • Q ~ ~ ca o ~ ~ m c~ ~ '~ ~ ~ ~ ~ U o ~ ° ~ Z o ~ m ~ ° .c to m a i - ° (~ ~ ~ ~. v ~ ~ ~ ~ ~ .~ cv to ~ (9 ~, ~ ~ ' ~. U U N - ~ m ~ ~ ~ ~ N 7, 'c ~ cv ~ - ~ L ~ Q Cn ~ r"' ' - ~ N ~ ) ( U • - U U m ~ O C C C ~ ~ ~ ~ ~ ~ m Q L ~ ~ , ~ ~ ~ O U (U (~ ~ > ~ Q ~ U Q ~ Q ~ _ ~ C C F-- ~ ~ > •U Z ~_ ~ ~ O Q ~ O 0 ~' O (~ O L ~ (n O O O E O O O N ~ (II N N J +.-, (D ~ Q U .(~ ..~ O C W N ~ N .O U ~ O N ~ ~ C O U ~ 0 ` 0 ` 0 N L.L ~ U ,~ ~ ~ ~ to , ~ ~ • ~ m N O > W O J . ~ ~' Q U W W ~ fn ~ _ ~ ~ ~ U C U W ~ O O N O L N ~ ~ Q ~ . E .~ fn C ~ O N O ~ O ~ ~ ~ •U •V •V L U O C O C O C O C ~ 'O C (n N - U .L .~_ O ~ O O O O O N U N N U O ~ O U Q Q Q oo U W I.L I..L 2 ~ W d ~ ~ d. ~ (A (n (n (n ~ ~ ~ W ~ ~ W O ~' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O I- O O m z ~ M ~ ~ ~ am- ~ O i ~ ~ M ~ ~ M ~ M ~ ~ ~ i N ~ N ~ M ~ ~ ~ M ~ O ~ ~ ~ O ~ M N ~ d l N l ct V C O V 19C-4 a MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: February 27, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. c-, c~ ~ - ~- , ~, : w --- _..._ P... . a,,, :.<~ N t'"" ~ ~ ~ 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMEN T RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Feb FORMS forms** 2003 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Feb Spending, program** 2003 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated Feb 2003 and rior Long-Term Employee Long-Term Disability Insurance EE Separated Feb Disability enrollment forms** 2003 and prior Insurance Medical Employee medical insurance enrollment EE Separated Feb Insurance forms** 2003 and prior EQUAL Employment and Personnel and employment records, EE Separated Feb EMPLOYMENT personnel including application forms*, records 2003 and prior OPPORTUNITY records pertaining to promotions**, layoffs**, COMMISSION terminations**, salaries** and training* (EEOC) Involuntary Personnel records of terminated employee** EE Separated Feb termination 2003 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated Feb PERSONNEL Reassignment reassignment forms which document and 2003 and prior FILES Forms authorize hiring, reassignment, or other employee actions.** Certificates of Certificates issued to EE which show EE Separated Feb Training completion date of training class(es).* 2003 and prior Commendation Letters of commendation and/or other EE Separated Feb Letters congratulatory documents received by and/or 2003 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Feb Actions proposed and/or implemented disciplinary 2003 and prior action(s).** Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Feb Medical regarding employee's medical condition.** 2003 and prior Releases Drug Screen Pre-placement and drug screening EE Separated Feb Test authorization and acknowledgement form(s) 2003 and prior and results of drug screening.** 19C-6 PERSON NEL SERVICES DEPARTMEN T RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Feb PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2003 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated Feb any) for hired employees.* 2003 and prior Medical Leave of Leave of Absence forms used in the EE Separated Feb Absences*" documentation of medical leave (including 2003 and prior pregnancy leave and Family and Medical Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Feb Documents kept in official personnel file.*** 2003 and prior Notice of Form completed by employee and/or EE Separated Feb Separation department indicating effective date of 2003 and prior separation, last day on the job, reason for separation, etc.** Oath of Office Form completed and signed by employee EE Separated Feb affirming allegiance to the Constitution of the 2003 and prior United States and the Constitution of the State of California.'` Outside Form submitted by employee for approval for EE Separated Feb Employment employee to be engaged in outside 2003 and prior employment.* Performance Employee performance evaluation forms EE Separated Feb Evaluations completed by supervisory personnel re 2003 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Feb Enrollment Employees' Retirement System (PERS)** 2003 and prior Pre-Employment Forms completed by employee and medical EE Separated Feb Medical clinic to assess physical capability of 2003 and prior employee prior to hiring.** Security Check Form completed by Personnel Svcs to EE Separated Feb Form request Police Dept to conduct security 2003 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Feb DMV, accredited schools, etc., verifying 2003 and prior employee meets certain job-related requirements.* Tuition Copies of applications for training and EE Separated Feb Reimbursement educational assistance which show EE 2003 and prior Request request, department head approval, and final disposition of request.* 19C-7 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Feb PERSONNEL Donation Form hours be donated to the Union Business 2003 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated Feb Certificate completed by EE authorizing 2003 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated February 27, 2008, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: i ~, ~~ _...~ (. Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager CONSENT BY: G nriqu va , ate Exec ~ e ire or Personnel Services Department RECORDS DESTROYED: Number of Boxes APPROVED BY: .loseph Fletcher ~, Date City Attorney ; i 19C-8 on c .~ -v U c 0 .~ L Q 'C3 0 U N O O O O N N .~ ..fl w 0 c 0 0 C C U y C U ~ N ~ ~ ~ '~ ~ ~ '~ ~ a i y ~ a i C~ ~. ~ ~ ~ ~ ~. L r-+ ~ ~-+ r"i ~ ~ ~+ ~i ~i L ~--~ ~ C C C S'". = W C~$ CC C~ CC ~ 4r ~ N 4--i C fy C~ (~}:, CC . ~ W C~ C~ C~ ~ . ~ Cd C~ (~ C~ C~ (~ 0 0 on on en `? en O ~ • ~ • 0 0 C Q ~~ ~ C C (~ • r--, C ^ C C ~l 'VJ 'V] '(n ~ '(n ,l L ~ ~l ~l "_' ~ ~~ "." O ~~ O O '~ .r •~ •~ ~ Q •~ •~ O •~ •~ O Q~ ~ ~ x Q~ ~ ~ Q~ ~ Q~ Q~ ~ ~ ' Q~ a ~ ; a ~ o x ~ ~ a z ~ ~ ~ ~ ~ x w x x x w ~ ~ a w a x a ~ r r ~ ~ M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M ~~--~ N O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ i ~ cV 0 41 O ~ N ~ M M -- Vl N 00 N O\ O 00 N 00 N N ~ d' ~ ~O O ~ N ~ N O~ O O •--• M O O~ O t!~ ~--~ `p O N O Q~ O ~--~ ~-- M --- d' N ~ -~ ~ ~-- ~--{ --~ M O N ~--~ ~ ~--~ N N N ^~ N N N N ~--~ --~ ~ ~--~ ~-+ N N E ~--~ ~--~ N ~--~ N N N N N ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U F- F~ F- F~ F-' F- F- F~ H ~ E-- E-~ E~ H H H H F~ F- E~ E-~ E-~ E-' E--~ E--' E- E- H E-' F^ F~ E~ F~ w a a a a a w a w a w w a a w w a a a. w a w w w a w w a a a, a o.. a ~ L _ ~ a ~ ~ ~ • 3 ~ ~ ,-, ~ ~ L ~ ~ c ~ ° c ~ cC Q y L G ~ ~ ~ _ ai ¢ ~ ~ L].. i ~ N N ¢ U L (n U ~ CC1 ~ ~ • V (A ~ L O N ~ ~ ~ ~ 'r ~ ~ U C~ V--~ (J C ~ ~ N `i' L C . S C ~ U N ~ U ~ V1 ~ "O ~ Cy., `~-~ U a ~ `J C ' L ~ G ~ ~ ~ N cn ~ E U O o -O w a~ ~ C ~ C ~ d L ~ ' a~ ~ , U O ,, / I-ti ~ S' N N ~ ^ cd y N ~I--~ L cd ~ ~ N y ~ • y:.~ L ~ 4 ~ RS ~ ~ ' ~ ~ ~ ~ ..r ~ ~ ~ b A ~ Cd ~ O ~ O .~ ~ • ~ O bA ~ C '~ " ~ . ~ '~ ~ i ~ • O _ • ~ •~ ~ ~ .v U v ~ .~ C ~ C ~ . c~ H L a O O cd 3 cC ~ U y L ¢ ~ ~ f.. ~ : y 3 C N d- 3 O O O ^ ~ ~ ~ ~ . ar w a w v~ U w a v~ ¢ n w w a. w U w U ¢ ~ L ~ O ~ ~ ~ N O M M ~ ~ M ~ d' `O ~ N Vl ~--i ~ M ~--~ 00 00 l~ V' l~ V' ~ t v'~ ~ ~ M ~ ~ O~ ~ O O~ N ~ ~O ' _ ~ ~ [~ 00 ~ [~ 00 ~ O O~ N \C o0 ~ l~ l~ ~ ~ ~' 00 N 00 l~ ~O 1 ~O 1 O~ o [~ M ~n ~n t~ D O~ `D M N M Q1 ~ \O ~ 00 N N V ~ ~ fl- _ O '~ O ^' O 00 M ~I' N N Q~ ~,~ N N --- N N ~-+ ~ O ~ N N r M O N ~ N M ~ N Z O O O O O ~-- O ---~ •-~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W 0 N O N L ~ ~ ~ ~"' Cd ~ O cd `!' ~ ~ ~ Q W ~ ~ .~ ~ V O C N Q w ~ ~ ~ ~ O ~--~ C G' ~ ~ ~ ~ ~ U ~ O '~" L ~ O ~ ~ • L L L_ ~ ~ ~ ~ ~ ' L ~ N ~ ~ ~ RS Cd '-d CCS ' y;,, L Cd ~ V CC O ~ ~ U ~ ~ ~ U "O ~ ~ ; ~ ~ ~ w ~ U w ¢ ti ~ U O Q va ~ Q `.~ w z w ~ U ~ ~ H C1. CG w ...~ c~ ~ ~ w m ¢' b ~ a~ ~ c o n. ~, ~ `° ~ a' ~ ~ ~ o ~ ~ ° ~ E '~' ~ ~ o ~ ~° ~ ° ~ o ~ ~ aNi ~ ~ Z ~ . on ~ ~ ~ ~ ~ ~ en ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ -o -v -o ~' E-- w ¢ ¢ ¢ ¢ m w w U U U Q Ca Gl w w c7 c7 c7 C7 c7 c7 ti ° ~ ~ 1 ~ ~ ~ ~ . 19C-9 bn C .~ N 7 "O O U 0 U ^^~ 4-~ '~ 0 ~~~// F~ N O O O O N N w 0 Y ~i U ¢ c a~ E ~ ~ o . ~ ¢ ~ a~ ~ ~ ~G o c ~ o o ~ ~ 0 c 0 c 0 c 0 c 0 ~ ~ w ~+ w ' O W r+ w y cC cC ~ O ~ cd ~ ~ cd cC cd V7 O ~ O O O ~ O O O ~ ~ ~ s -. O own O awn ~ own own .~ .' ~ ~ ~ ~ ~ x c~ w ~..a w w w ~...a w v~ ~ rx a. .a O~ a: ~..a O~ r.~ rx x c~ Q Ca O M M M M M M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O O O ~ 0 N Q~ 0 \ a1 0 ~ a, 0 \ ~ ~-- a, O \ a\ O \ D\ O \ 00 N .-• M \ O --~ \ O N a1 O ~ O ~ O a1 O ~ O ~ O ..• M a1 ~--~ ~ N ~ •--~ O -~ ~ O N O O O O N O O O O N O O O N O \ O N O N O \ O N O N O \ O N O ~ O \ O \ O U F'" H ~ f'-~ ~ f-~ F^ f-+ F-^ E--~ ~ ~ ~ f"-' F-' E'" E-~ H E-" H ~ F'" E-'" F-" F-' f'-~ w a a a a, a a a a a a w a, a w a a a a rs. a a a a w a `o U p R. ~ ~ r-+ ~ +p+ ~ ~ ~ C~ C r-- ~ ~ C ~ C/~ ~ •~, L ~ ~ U ~ L +"' ~ ~ ~ ~ ~ i-. ~ i + ~ .~ . r ¢ a U ~ =" ~ ~ ~ ~ ¢ ~ c d C ~ ~.-~ ~ ¢ ~ N ~ ~ O O O ~ ~ O ~ •~ ' ~ ue _ ~ ~ •~ ~ O '~ ~? c~ O ~ ~ ~ ..G .D ~ ~ ~ O y L. N y s . ~ . cd O ~ G bA ~ bA O ~ b-0 O U U H E-' F-~ W W F-+ G. U c~ U `..4' _ W ~ U _ .-a ~ W va ~.. W ~. GL ~ L ~' ~ ~ N ~ ~ M ~ ~ O '~ ~ ~ ~' ~ ~ oM0 ~ ~ ~ O N ~ M ~ , O N ~ p `O N `O N oo ~ ~ ~ 00 N ~ ~ M o0 ~ M M M O~ O ~ ~ z 0 0 0 0 0 0 ~ 0 ~ 0 0 0 ~ 0 0 0 0 0 0 0 0 ~ 0 o W 0 N ~ N E.., U E ~ o z H ~ ~ cC U .C N C G .~ ~ w H E` H ~' ~ a ~ > a ¢ x w H ~ w ~ ~ ¢ w t w , r , ~ ~ ~ Q~ i.. Q~ p . y Z ~ ~ 1~1 rl N N N .Q. O .~ ~ p G O O .~ cd 'O O cd c~ bA bA bq bA bq bA bA ~ ~ • .~ F-~ ~..a Z z Z Z Z • a cd ~ O C4 ~ va U ~ ~n O ~ O ~ L, H c~ ~ «S > cd > > .S] ~ N 19C-10 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Assistant to the City Manager Date: March 24, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-11 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence Mar. 1, 2006 and prior Correspondence/ Mar. 1, 2006 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor Mar. 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers Mar. 1, 2006 and prior Correspondence General Correspondence Self-explanatory Mar. 1, 2006 and prior Staff Inquiries processed for Staff Mar. 1, 2006 and prior Monthly Status City Manager Self-explanatory Mar. 1, 2006 Reports and prior Payroll Records Council/Staff Self-explanatory Mar. 1, 2006 and prior APPROVE: David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: ~, Joseph W. Fletcher Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: LEAGUE OF CALIFORNIA CITIES ANNUAL DUES CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City of Santa Ana's membership with the League of California Cities in the amount of $56,995. DISCUSSION The League of California Cities represents the interests of cities throughout California. The League monitors state legislative issues and sponsors training seminars and conferences to educate council members and staff on legislative and policy matters of interest. The League's efforts to strengthen the position of local governments resulted in the successful sponsorship of Proposition 1A which secured constitutional protection of local revenue sources. The League's strategic priorities for 2008 include: protecting funding for vital community services, promoting green and sustainable cities, expanding infrastructure investments, and enacting honest and responsible eminent domain reform. The membership dues are determined on a per capita basis, and the dues for calendar year 2008 are $56,995. FISCAL IMPACT Funds are available in the City Manager's Office, Legislative Affairs, Other Agency Services account (no. 11-011-6251). APPROVED AS TO FUNDS AND ACCOUNTS: F ncisco Gutierrez ~us Executive Director Finance & Management Services Agency 19D-1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: APPROPRIATION ADJUSTMENT - DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2008 ANNUAL REPORT j. CITY MANAGER RECOMMENDED ACTION 1. Approve the 2008 annual report. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 2. Approve an appropriation adjustment to allocate funds to the Downtown Santa Ana Business Improvement District budget for 2008 and to reimburse funds 407 and 27 for the holiday lighting decorations and utility costs. 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement in the amount of $136,000 for a one-year term, subject to non substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Special Meeting of March 11, 2008, by a vote of 4-0 (Villasenor absent), the Community Redevelopment and Housing Commission approved the 2008 annual report, directed the Deputy City Manager for Development Services to file the Downtown Santa Ana Business Improvement District 2008 annual report with the Clerk for City Council approval or modification, and recommended that the City Council approve the 2008 annual report. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500 et seq of the California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID allows the businesses to assess themselves in order to raise funds for the promotion and improvement of the Downtown area. The enabling statute calls for an advisory board to make recommendations to 20A-1 BID 2008 Annual Report April 7, 2008 Page 2 the City Council on the expenditure of revenue derived from assessments, the classification of businesses, and the method and basis of levying assessments. The advisory board also has an annual report prepared which it files with the Clerk. The report includes the name and boundaries of the BID, the activities and their cost proposed for the coming year, the method and basis of levying and collecting the assessments, and basic financial information covering such things as prior year surplus or deficits and non assessment revenue. The critical factor behind the success of BIDS is that district stakeholders control and manage their own programs and budget. In nearly every BID in California, district stakeholders - those businesses actually paying into the district - are designated as the advisory board. Until October 2003, the Downtown Santa Ana Business Association (DSABA) fulfilled that role. When DSABA wound down its affairs as an active stakeholder group representing the greater Downtown in general, and the BID in particular, the Council appointed the Community Redevelopment and Housing Commission (CRHC) as advisory board to fill the void. With respect to the actual programming and activities that had been implemented by DSABA, two new groups emerged: Downtown Santa Ana Business Council (DSABC) and La Calle Cuatro de Santa Ana (LACCSA), to develop programs and manage the BID funds by way of contract with the City. These two groups shared the assessment funds according to an agreed-upon formula. On December 13, 2006, the CHRC sent a report and recommendation to the City Council; and on February 5, 2007, the City Council adopted the 2007 budget for the BID in Downtown. The budget specifically called for $9,900 to be allocated toward Downtown's winter holiday decorations, while the remainder ($219,200) was generally designated for promotions and marketing, with the anticipation that a more detailed work plan would be submitted by stakeholders. No such work plan was submitted; and therefore, the assessments collected in 2007 were not spent. The 2008 work plan and budget has been developed by Downtown stakeholders with the assistance of staff. It calls for 1) programs of general benefit to the greater Downtown, 2) programs targeted to benefit businesses usually considered to be represented by the DSABC, and 3) programs targeted to benefit businesses along and adjacent to 4th Street that were formerly represented by LACCSA and which can generally be categorized as appealing predominantly to a Spanish-speaking market sector. The City will retain fiduciary oversight of the programs intended to be of general benefit to the Greater Downtown ($105,000), the fifty-two 20A-2 BID 2008 Annual Report April 7, 2008 Page 3 percent allocation ($137,500), and the Capital Outlay expense ($352,500). Programs and activities for the fifty-two percent market sector will be developed and implemented by stakeholder committees/task forces/work groups/action teams with coordination assistance provided by Downtown staff. Under an agreement between the City and the Downtown Santa Ana Business Council, the forty-eight percent share of the 2007 assessments will be disbursed to the DSABC to manage, as has been done the past few years. This amount, calculated at $105,000, will be combined with their prior year's surplus ($31,000), which has been retained by the DSABC, giving them a total 2008 promotions and marketing budget of $136,000. The 2008 annual report contains the basis and method of levying the assessment, an estimated cost of providing the improvements and activities and the amount of surplus revenue carried over (Exhibit 1). For 2008, all funds are prior year surplus; therefore, no assessment needs to be levied for this year. In order to comply with State law, the City Council must approve the annual report and budget. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Downtown Business Improvement District account (Fund No. 93) to set up appropriations for the Downtown Santa Ana Business Improvement District for 2008 and for marketing and promotions. rte ~ tephen G. Harding Deputy City Manager for Development Services Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco utie rez ~jJ' Executive Director Finance & Management Services Agency SGH/NTE/mlr 040708 BID2008AnnualReport 20A-3 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRfCT 2008 ANNUAL REPORT Background The Downtown Santa Ana Business Improvement District (BID) was established in February 1984 by the City Council as a means of providing the Downtown business community with funding for promoting the area, increasing security, enhancing maintenance, and implementing physical improvements. The Community Redevelopment and Housing Commission (CRHC) is the BID Advisory Board. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service, and professional members (Exhibit A) Method and Basis of Levying Assessments • Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volume of the business as follows: The following businesses located within the boundaries of the BID, classified under City Ordinance NO 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A including, but not limited to, Retail Sale of Goods, Hotels and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to their annual business license fee. All other businesses, including Professions, Trades, and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed BID and a public hearing held by the City. • 2008 Assessment Levy Due to the carryover of unprogrammed funds from 2007, there will be no assessment levied or collected in 2008. Exl~ i bit ~ 20A-4 Summary of Activities and Improvements All programs and activities for the year 2008 can be classified in the following broad categories: Events and Promotions o Holiday celebrations o Merchant promotions o Social celebrations o Seasonal events o Arts and music Publicity, Advertising, Marketing, and Outreach o Newsletters o Website o Visitor guides/maps o General advertising Physical Amenities o Street and skyline banners o Holiday decorations o Kiosks and signage • Economic Development o Business assistance • Capitallmprovements 2008 Budget Plan In addition to the annual business improvement programs and activities, the BID has supported a multiyear commitment to making essential capital improvements in Downtown. The 2006 Capital Improvement Fund will carry forward $352,500 which is dedicated to Phase II of the Downtown streetscape Project and special projects. The Phase II streetscape Project commenced in January 2008. The City/Agency has dedicated slightly under $2.4 million toward the completion of the project. Working together, Downtown staff and stakeholders developed the 2008 Budget. 20A-5 2008 Budget Summary REVENUE Prior year operating surplus (includes cash on hand and 2007 assessments retained by DBC - $31,000) Capital outlay carryover 4th Street improvement - $300,000 Special projects - $52,500 TOTAL REVENUE EXPENDITURES Overall Downtown benefit and support $105,000 Hispanic market sector 137,500 Downtown Business Council/Artists Village 136,000 Operating Expense Subtotal Capital outlay TOTAL EXPENDITURES 20A-6 $378,500 352,500 $731,000 378,500 352,500 $731,000 V 'H V, 0 Z cW G Ca ~/G ~_/wI. _I W 'Z v, M~ W 0 N W O O 0. Q '~ V/ W `~ L Z W a w 0000 00000 000 00 0 0 o000 00000 000 00 0 0 ~, N o000 00000 000 00 0 0 p M 0 0~ O I~ N N M ~ oD M O O ~ M U Ef3 Ef} ~ ~ c~ EF? l0 . ~ ~ O U U ~ N ~ C 'a •in • O cn ~ w m o > ~a ~ ~ ~ ~ ~ _~ Q = ~~ T ~ ~~ ~ - ~~ ~ ~ ~ ~ O U ~ ~ 0 "a O p ~ =N (a .~ ~ C . O O _ ~ E N L ~n ~ ~ ~ O ~ N Q ~ L ~ ~ ~ = OU ~ _~ U ~ N O N .X (B ~ W- iF-~ H~~~C~ m~ ~ Dm ° ° ° ° ° ° ° ° ° ° o o o o o o o o o o ~ O O tf~ O O O LCD t.C) O LCD p M ~ N~~ ~ ~ ~ M C ) f!3 .. ~ ~ ~ ~ ~ ~ ~ ~ o o v~ N ~ ~ ~ ~ ~ ~. d ~ ~ °~ > ca g c~ a~ Y Q' ~ ~ N y v U 0 0 '~ !A ~ ~ ~ w N Q) Ca ~ • L (O O N // ~ ~r Z VJ / /~ ry ~ ~ ~ Cn Nl ~ ff nn V 0 0 0 0 0 0 0 0 0 0 O O ~~ O O O O 0 0 0 0 O O O O N 0000 00 00 ~O to O p U O O O~ Y 69 - N O ~ O ~ M ~ l f~ ~ N ~ N 69 ~ ~ ff? 69 EA O ~ Et? 0 .a ~ U ~ ~ c m IN 0 a ~ ~ c~a ~ ~ ~ ~ cn o moo ~~ ~~ ~~ L L O O T ~ (O O >, s 0 U m ~ ~Y ~~ U ~--' ~ a~ (6 C c,~ • Y Q C7 C to ~m~~ C'J~ T_ c„a= O ~U ~ ~ ~ U 'N N N .O ~ > ~ ~ ~ ~ ~ ~ ~ i Q O Q U ~ ~ ~ ~ •~ p U 'V Y U • C ~ J Q ~ tn ~ W W ~ ~ W D ~ ~ 0 0 u~ OO ti M ~,A W Z W a w N Z ~QO Y~ W a 0 J H 0 H 20A-7 ~ '" . -j 1 ~~ , ' -- - _ .._I -- _ .-.. dO "" ` d~ ,, y+- e~S J ~~~¢ i ,. - _, '~ ~`° _- __ _-~ 1S HON37l~ 1S uJN:iiy - - ~1 ~~ z U ~~ _~.._._. \~ , 3~ 20A-8 _e.~ _ ~. j ' ~ ~` ' • ~ r~i 18 NO3flahdS 1$ NO3fI1fI1dS - - --- 1S NO3Jal1dS ! ~ i I _ ~ ~ -._ I ~ __ 1--r1 ~ - - _. 1 _ ~~I LS H6118 ~ 1S HSf18 < ~ H m ~ m ~ ~ ,; ~ ~~ ~ ~ 1S NIWY 1S t~N.VYV 1S NIWI I y. i ... _ , __, . F 4 _ i L~J __ _- ~-- . '_ 15 3a0WV0AS :. _ _' ~ I mat- } ~ N I `> . ~f~' ~ Q . ~- ~ a AtlMOtl©L!8 ablJtC7V _aN8 __ 1S FYJ>: p)- _~.. f is ssoa ig ki i1 f '~--..1 1 nr ib 3'3K U .~ ~T • ~~ W O L ~. V• va •~ S Haa1' _: ~tl~ C!~ Q r_ ~_ L X W AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DOWNTOWN SANTA ANA BUSINESS COUNCIL TO PROMOTE AND MARKET DOWNTOWN SANTA ANA This Agreement made and entered into this 7th day of April, 2008, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City") and Downtown Santa Ana Business Council, a California corporation ("DSABC"). WITNESSETH Recitals: 1. Pursuant to California Business Improvement District (BID) law (Streets and Highways Code section 36000 et. al.) as implemented by Ordinance NS-1715, and related resolutions and budgets adopted thereto, the City annually receives and disburses BID funds. 2. The approved 2008 annual BID budget allocates funds for promotions and marketing in the Downtown Santa Ana BID area in addition to other expenditures for the benefit of the assessment area. 3. A number of businesses in the BID area have formed DSABC in part to better represent the interest of the downtown. This non-profit corporation has expressed interest in participating in the marketing and promoting downtown Santa Ana. 5. DSABC represents that it is qualified and willing to operate a downtown Santa Ana marketing and promotional program. DSABC certifies that the activities carried out with funds provided under this Agreement will meet one or more of the BID activities as set forth in Ordinance NS-1715. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereby agree as follows: I. CITY'S OBLIGATIONS Upon this Agreement becoming effective, City shall provide $136,000 to DSABC from funds allocated in the 2008 BID Annual Report, to be used for marketing and promotional programs ("the Funds"). $31,000 of the Funds shall be monies transferred to DSABC in 2006 but unexpended. 20A-9 II. DSABC'S OBLIGATIONS A. DSABC agrees to use the Funds to operate a promotional program, as set forth in "Exhibit A attached hereto and incorporated herein by this reference The Executive Director, in his/her sole discretion, may approve reallocation of funds among approved categories so long the expenditures comply with the 2008 Annual Report. B. The Funds, and any interest earned by DSABC on the Funds, shall be separately accounted for apart from any other funds of DSABC, or of any principal or member of DSABC. DSABC shall, on July 1, 2008 and January 1, 2009 provide City with an accounting of the use of the Funds that shall, at a minimum, incorporate copies of all invoices, canceled checks, chart of accounts and bank statements detailing how the Funds have been used and maintained by DSABC. These dates may be modified in the sole discretion of the Executive Director of the Community Development Agency. DSABC agrees that, at the Executive Director's sole discretion, City may require an audit of DSABC conducted by a City designated accountant. DSABC shall keep records of all funds received from City under the terms and conditions of this Agreement. City and/or their representatives shall have access for purposes of monitoring, auditing, and examining DSABC's activities and performance, to books, documents and papers, and the right to examine records of DSABC's subcontractors, bookkeepers and accountants, employees and participants in regard to said promotions program. C. DSABC acknowledges and warrants that it shall at all times comply with the laws, regulations and policies governing the use of BID funds, including but not limited to, the limitations on use of BID funds set forth in California Streets and Highways Code sections 36000 et. al. as well as the Downtown Santa Ana BID implementation ordinance, resolution(s) and/or budget(s). DSABC agrees to and shall indemnify and hold harmless the City, its officers, agents, employees from any violation of BID law that occurs as result of failure to comply with the terms of this agreement or BID law. D. DSABC agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of City. E. DSABC agrees that if DSABC violates any of the terms and conditions of this Agreement whereby BID funds were received by DSABC, or if DSABC reports inaccurately, or if on audit there is a disallowance of certain expenditures, DSABC agrees to remedy the acts or omissions causing the disallowance or repay City all amounts spent in violation thereof. F. DSABC agrees to provide City, within sixty (60) days of the effective date of this Agreement, with its current articles or incorporation and bylaws. 2 20A-10 III. TERM This term of this agreement begin on the date set forth above and shall terminate on December 31, 2008, unless extended by mutual written consent of the parties. IV. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: Community Development Agency M-25 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 Attn: Stephen G. Harding, Executive Director TO DSABC: Its agent for service of process, as specified by the California Secretary of State V. ASSIGNABILITY DSABC shall not assign nor transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of City. VI. HOLD HARMLESS DSABC shall indemnify and save harmless City, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of DSABC, its officers, directors, employees, agents, subcontractors and suppliers arising out of DSABC's performance of this Agreement. 3 20A-11 VII. USE OF PRIOR FUNDS DSABC shall have the right to continue to use unexpended BID funds from prior years that it has not expended pursuant to the terms of such prior agreements with the City for the purposes set forth in paragraph II of this Agreement. VIII. CONTINUING OBLIGATIONS DSABC's obligations and responsibilities set forth in this paragraph, and in paragraphs II and IX(B) through (F) of this Agreement, shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as City deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of City. IX. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, City shall be entitled to reimbursement for all unexpended funds to the effective date of termination. B. This Agreement maybe suspended or terminated by City upon five (5) days' written notice for violation by DSABC of the terms and conditions of the this agreement or applicable City or State requirements. In the event of such suspension or termination, City shall be entitled to reimbursement for all unexpended funds to the effective date of suspension or termination. X. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of BID or Fiestas funds by DSABC and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both City and DSABC. XI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 4 20A-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager DOWNTOWN SANTA ANA BUSINESS COUNCIL. DELILAH SNELL President Employer ID # 5 20A-13 Exhibit "A" SADBC Cost Events $38,000 Eco-fabulous Jazz/arts caravan Taste of DT/Jazz festival ls` Saturday Advertising and Promotions TV program $44,000 Website Mixers Maps/visitor guides General advertising Banners, signage & decorations $15,000 Administration and Business assistance $20,000 ContingenciesTo be allocated among $19,000 approved categories of expenditure Total $136,000 20A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: APPROPRIATION ADJUSTMENT - WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS l.~S CI MANAGER 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 Approve an Appropriation Adjustment recognizing additional revenues of $1,620 in Title I 15o Pilot Special Project funds, $1,445 in Title I Adult funds, and $2,050 in Title I Dislocated Workers funds from the State of California for Workforce Investment Act programs. DISCUSSION The State of California Workforce Investment Board (CWIB) selected the Santa Ana Workforce Investment Board (WIB) to hold a forum on labor market data collection for the Orange County region. The forum was held at the Island Hotel in Newport Beach. The CWIB is reimbursing the WIB $1, 620 for the rental of the hotel meeting space as well as for any of the costs associated with conducting the forum. Additionally, the State has determined that the WIB is eligible to receive a reallocation of Adult and Dislocated Worker funds. The Title I Adult program is increased by $1,445 and the Dislocated Worker program is being increased by $2,050. These funds will be used for operations, supportive services or training. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA CWIB Reimbursement account (account no. 123-189-6391), the WIA Adult 07-08 account (account no. 123-207-6933) and the WIA Dislocated Worker 07-08 account (account no. 123-208-6933). ~~ tephen G. Har ing Deputy City Mgr. for Dev. Serv. Community Development Agency SGH/LS/LM/mlr 040708 AA-WIAAddlFunds A DW MiscV2 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20B-1 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: FY HOMELAND SECURITY GRANT PROGRAMS - MNII2S 2 0 0 7 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S~ 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 Fire Chief to execute on behalf of the City of Santa Ana any actions necessary for the purpose of obtaining federal financial assistance provided through a grant from the U.S. Department of Homeland Security, related to the 2007 Metropolitan Medical Response System grant. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County in the amount of $250,401, subject to non-substantive changes approved by the City Manager and City Attorney for the 2007 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 3. Approve an Appropriation Adjustment recognizing the 2007 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2007 Metropolitan Medical Response System grant expenditure account. DISCUSSION Through the California Governor's Office of Homeland Security, the Metropolitan Medical Response System (MMRS) assists highly populated jurisdictions to develop plans, conduct training and exercises, and acquire pharmaceuticals and personal protective equipment, to achieve the enhanced capability necessary to respond to a mass casualty event caused by a WMD terrorist act. The County of Orange is the primary recipient of the grant which is being shared by the County, Santa Ana, Anaheim and Huntington Beach. The Santa Ana Fire Department is to receive $250,401 of grant funding, excluding $7,744 (30) of the total award being retained by the County of Orange for "management & accounting" of the grant (total actual award to Santa Ana is $258,145). 21 A-1 FY 2006 Homeland Security Grant Programs April 16, 2007 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY MMRS 2007 (County of Orange) revenue grant account (account no. 146-01- 5350-400) by $250,401, and appropriate same into the MMRS 2007 (County of Orange) grant expenditure accounts (account no. 146-339-various). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Fire Chief Fire Department ~Gt ~~~ ~~ ~~~~ ~~rancisco Gutierrez ~,.~ ~"~Executive Director Finance & Management Services Agency 21 A-2 Iss:033107 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2007 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT 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 California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Office of Domestic Preparedness Metropolitan Medical Response System Grant Program (MMRS). B. MMRS provides funds to local emergency first responders to develop or enhance existing emergency preparedness systems to effectively respond to a public health crisis. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided through the Metropolitan Medical Response System Grant Program by the federal Department of Homeland Security and subgranted through the State of California Office of Homeland Security. Section 3. 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 , 2008. Miguel A. Pulido Mayor 21 A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-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 21 A-4 C~OOp~ J 4 S f> 7 s l0 11 12 1~ 14 15 1 E~ i 17 ''. i i 18 I~ 1 ~~ III ~0 ?~ 22 ?~ 24 ?$ 7 AGREE1b1ENT TO TRaNSFF,R PROPERTY' OR FUNDS FOR 2QO7 HOS~YIELA~vD SECLTRIT~' GRANT PROGRA:~1 PURPOSES THIS AGREEMENT is entered into this _ day of 200,, which date is enumerated far purposes of reference only, by anal between the COUNTY OF ORANGE, a ', political subdivision of the State of California, hereinafter referred to as "COUNTY", and a {municipal carparatian~special districtinot-for- profit corparationj, hereinafter referred to as "SliBGRA'\'TEE." V4'I-IEREAS, COU! TTY, acting through its Sheriff-Coroner Department in its capacity as the lead agency far the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security. to enhance county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 07 CA Supplement to Federal Program Guidelines) and B (,2007 llamelancl Security Grant Programs) and incorporated herein by reference. ti~'HERE-AS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment. technaiagy or services that will he transferred to SUI3GRANTEE to he used far grant purposes. NC)w', THEREFORE, IT IS 1~~fUTUALLY AGREED AS FOL~LO~'S: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires C4L1/TT~' to transfer to SUBGRANTEF equipment, technology or ser~rices that COtPvTTY has not yet acquired, COUNTY shall transfer said equipment, technology ar services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. ?. Tf COUNTY transfers Grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant funds anty to acquire equipment,. technology or services as set forth in Attachment B hereto andfar to perfarn:~ such. ether grant functions, if any, for which Attachments A aid B permit SUBGRANTEE to Page ] of 4 21 A-5 COO ps7 i 3 5 6 7 9 10 expend grant funds. SUBGRA'.~11'EE shall provide GGL~T~' with a budget breakdown signed by the authorized assent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant fiends only for those purposes perntitted under the ternls of the grant, and , shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with ~ ant funds from damage or destzuctian and shall. provide regular maintenance and repairs for said equipment as are necessary, in order to keep said equipment in continually good working order, Such maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay far material and labor costs for any maintenance and repair of the said equipment throughout the life of the , said equipment. 1' , l 14 1~ 16 17 18 19 ~p 21 ?? 23 ?4 ?j 26 ~7 ~g ~. Str"BGRAi~rTEE shall assume ail continuation costs of said equipment, technologies andlor services to include but not limited to upgrades, licenses and reneuvals of said equipment, technologies andr''or services. 6. If equipment acquired with grant funds bec~ames obsolete ar unusable. SUBGRANTEE shall notify COIrNTY of such condition. SU$GR~\TEE shall transfer or dispose of Grant-funded egttipn.ent only in accordance with the instructions of CC7UNTY. 7. SUBGRANTEE agrees to indemzufy, defend and save harmless COUNTY and their elected and appointed officials, officers, agents and employees frarn any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or cazparation furnishing or supplying work services, materials ar supplies in conztection with SUBGRANTEE's use of grant-funded equipment, technology ar services and SUBGR4N'l'EE's perfarzxtttzzce of this Agreement, including Attachments A and B hereto, and from any and all claims and lasses accruing or resultingta any person, f-zrm, ar corporation. who may be injured or damaged by SUf3GRANT"EE in SUBGRANTEE's use of grant-funded equipment, technology ar services and SUBGRA'~TEE's pet-formance of this Agreement, including Attachments A and B hereto. ~, By executinu this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A and B hereto. SUBGRANTEE Shall notify C©U'~`TY Page 2 of 4 21 A-6 COO pl`7' li i 3 4 5 Ei i H c) 1 ~? 11 12 13 l~ 17 16 1? 18 19 2C} ?1 22 7j 24 ~$ 26 ?7 28 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A and B hereto. 9. SLtBGRA;lTEE and COLr?~1TY shall be subject to examination and audit by the State ii Auditor General with respect to this Agreement for a period of three years after final pay~rrtent hereunder. 10. No alteration ar variation of the terms of this Agreement shall be valid unless made in' writing and signed by duly authorized representatives of the parties hereto, and no orai understanding or agreement not incorporated herein shall be binding an any of the parties hereto. 11. SLBGRANTEE may not assign this Agreement in whole ar in part without the express written carsent of COL'-NTY. 1 ~. Far a period of three years after final pay~u~ent hereunder or until all claims related to this Agreement are finally° settled, whichever is later, SUBGRANTEE shall preserve and maintain all ~~' documents, papers and records relevant to the work. performed or property or equipment acquired in i accordance v`~ith this .Agreement, including Attachments A and B hereto. For the lama time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY a.nd the agency froth which COL'~NTY received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SLBGR.ANTEE, upon request during usual working hours. la. S~t.1BGRAN~1'EE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and. such other reports or records as COIW,'NTY may be ~ required to provide to the agency from which COUNTY received grant funds or other persons or ~~ agencies. ~; 14. CUtTNTY rnav terminate this Agreement and be relieved of the payment of any i consideration to SUBGRA3v1'1•F if a) StIBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A and B hereto, at the time and in fhe matter herein provided, ~: ar b) COI1`~l'Y loses funding under the grant. In the event of terrninatian, COUNTY may proceed. with 'the work in any manner deemed proper by COL.INTY. Page 3 of 21 A-7 COO p~7 1 3 4 6 9 1 t} li 1? 13 14 la I6 1? 18 19 ~a 21 ~? ?; ?4 ~; ~~ 2~ 15. SLBG~R,~NTEE and its agents and employees shall act in an independent capacity in the perforn~ance of this Agreement, including Attachments A and B hereto, and shall not be considered officers, agents or employees of CC)L'~NTY ar of the agenc}' from which COLTtiTY" received t*rant funds. IN WIT'_'dESS t~'HER~a7F, the par€ies have executed this Agreement in the Caunty of Orange, State of California. DATED: , ~0{)? APFRU~'E_D AS TU FORM: COL'`°NT~ COL"~SEL r-~ ~ COL:NT~' OF UR.aIvGE, a political subdivision of the State of California By ~~~~. Sheriff-Coroner "COUNT"' Nicole A. Sims. Dequty DATED: ~` `~ ~ , ?t?Cl7 ~.... DATED: St~BGRANTEF: B~: ATTEST: By _._. City Clerk DATED: 2J07 By: Pa~~e 4 of 4 21 A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2008 CLICK-IT OR TICKET GRANT AWARD 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 Approve an appropriation adjustment accepting the 2008 Click-It or Ticket Grant award in the amount of $12,000 into the revenue account (account no. 165-01-5360-1) and appropriate same into the 2008 Click-It or Ticket Grant Overtime expenditure account (account no. 165-346). DISCUSSION The Santa Ana Police Department has been awarded a $12,000 grant from the UC Berkeley Traffic Safety Center (TSC) for the 2008 Click-It or Ticket Grant Program. TSC is under contract with the California Office of Traffic Safety to administer this grant. This grant funding will allow the Police Department's Traffic Division to enforce seat belt use on an overtime basis . The goal of the project is to increase seat belt use statewide to 95o by July 31, 2008. This program combines efforts of state and local law enforcement during a 21 day mobilization period, May 12 - June 1, 2008. FISCAL IMPACT Approval of the appropriation adjustment will enhance the 2008 Click-It or Ticket Grant Program revenue account (account no. 165-01-5360-1) by $12,000 and increase the same into the overtime expenditure account (account no. 165-346). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 21 B-1 21 B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AMENDMENT MOTOROLA MODEMS (SPEC. NO. 07-022) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended FOR ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ TY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Amend the contract with Motorola in the amount of $26,998, for an annual amount not to exceed $258,369.52. DISCUSSION The County of Orange established operational communication requirements, referred to as the 800 MHz Countywide Coordinated Communications System, to provide effective and reliable radio communication for routine operations of participating law enforcement, fire services, EMS and disaster preparedness agencies, as well as interagency communications during disaster operations. Throughout the year, the Santa Ana Police and Fire Departments require purchases of radios and mobile data computer systems that are compatible with this system. This amendment will provide for ten Motorola modems to update existing communication equipment in five police vehicles utilized by gang suppression detectives assigned to the Street Terrorism Offender Program (STOP II). A contingency amount of $10,000 has been included to allow for unanticipated purchases through the balance of the fiscal year. FISCAL IMPACT Funds area available in the Police Crimes Against Persons account (no. 11- 341-6391). ~~~~ (~J-'~_~- Paul M. Walters Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez r~~~ ~/~xecutive Director "~ b Finance & Mgmt. Services Agency 22A-1 22A-2 REQUEST FOR -- COUNCIL ACTION ~~ CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR CLASS I TREE PRUNING AT THE SANTA ANA CIVIC CENTER (SPEC. NO. ¢'~ 106) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Tree Elements, Inc., for Class I fine pruning of trees at the Civic Center complex in the amount of $30,980. DISCUSSION The Parks, Recreation and Community Services Agency maintains 1,053 trees in the Civic Center. The maintenance program, designed to keep the trees healthy, includes a Class 1 fine pruning of half the trees each year. A Certified Arborist supervises all pruning. The notice inviting bids was advertised on December 6, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 23 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 9 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on January 16, 2008, and evaluated (Exhibit 1). The bid received from Tree Elements, Inc., is responsive to the specification and meets the City's requirements. 22B-1 Contract Award for Tree Pruning April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Civic Center Regular Maintenance account (no. 74-242-6291). APPROVED AS TO FUNDS AND ACCOUNT: vC , ~ ~ ~~ttZ%'l Gerardo Mouet ~~Francisco Gutierrez ~~~ Executive Direct r ~~,~Executive Director Parks, Rec. & Co m. Svcs. Agency Finance & Mgmt. Services Agency GM/WO/07-106.8: 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TREE PRUNING AT SANTA ANA CIVIC CENTER (SPEC. NO. 07-106) Vendor Location Total Cost 1 % Local Vendor Preference Vendor Location Total Cost 1 % Local Vendor Preference Vendor Location Total Cost 1 % Local Vendor Preference Tree Elements, Inc. Yorba Linda $30,980.00 N/A Procare Tree Service, Inc. Signal Hill $38,520.00 N/A West Coast Arborists Anaheim $67,240.00 N/A So Cal Tree Care, Inc. Vista $31,350.45 N/A United Pacific Services, Inc. La Habra $47,525.00 N/A California Tree Service, Inc. San Marcos $74, 820.00 N/A Petersons ' Tree Works, Inc. I', Orange $35,675.00 N/A Midori Gardens Santa Ana $56,076.00 ($560.76) Treesmith Enterprises, Inc. Anaheim $75,770.00 NIA Exhibit 1 22B-3 ~~ 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR WATER TREATMENT SALT (SPEC. NO. 08-008) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Gallade Chemical, Inc. for water treatment salt for a one-year period, with provision for four, one-year renewals in the annual amount not to exceed $35,000. DISCUSSION Last fiscal year, the Public Works Agency Water Division produced 27,821 acre-feet of water from 20 groundwater wells and purchased another 18,427 acre feet of treated water from the Metropolitan Water District for delivery to businesses and residents in Santa Ana. In compliance with the National Sanitation Foundation Standard 60 requirement for safety, salt is used in a non-hazardous disinfection process at the well sites. The notice inviting bids was advertised on February 12, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 19 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 3 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on February 26, 2008, and evaluated (Exhibit 1). The bid received from Gallade Chemical, Inc., a Santa Ana vendor, is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next contract period. 22C-1 Contract Award for Water Treatment Salt April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Water Production & Supply account (no. 64-574- 6391). ` APPROVED AS TO FUNDS AND ACCOUNTS: ,,°'~ ~ ~ ~ ~~~~ ~~ ~ -~---~ ~, f James G. Ro s ;~l~Francisco Gutierrez Executive irector ~t,,,"_ecutive Director Public Woks Agency Finance & Mgmt. Services Agency ~; JGR/WO/08-008.9: 22C-2 ABSTRACT OF_BIDS _ CONTRACT AWARD FOR WATER TREATMENT SALT IFB# 08-008 Vendor Gallade Chemical, Inc. Westco Chemicals, Inc. Univar USA, Inc. Location Santa Ana North Hollywood Commerce Cost Per Bag $5.75 $7.25 $9.00* Exhibit 1 22C-3 `submitted bid for alternate item 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR CLOSED CIRCUIT TELEVISION SEWER MAIN INSPECTION SYSTEM (SPEC. NO. 08-009) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to 3T Equipment Company, Inc. for a closed circuit television sewer main inspection system in the amount of $49,909. DISCUSSION The Public Works Agency's Water Resources Division maintains a sanitary sewer system consisting of approximately 450 miles of pipelines and 8,500 manholes. The California Regional Water Quality Control Board requires the City to regularly inspect and assess the condition of sewer pipelines and manholes. Currently, the City has contracted with an outside organization to videotape the entire sewer system, utilizing closed circuit television (CCTV) technology. However, it is more cost effective for City employees to perform emergency investigations for spot repairs. The recommended purchase of a CCTV system will facilitate this work. The notice inviting bids was advertised on February 14, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 4 Bids received Bids were received, opened on March 11, 2008, and evaluated (Exhibit 1). The bid received from 3T Equipment Company, Inc. is responsive to the specifications and meets the City's requirements. 22D-1 Contract Award for CCTV Sewer Inspection System April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Service account (no. 56-575- 6641). APPROVED AS TO FUNDS AND ACCOUNTS: James~'G. oss Executiv Director Public orks Agency JGR~'GVO/08-009.9: ~~ Francisco Gutierrez ~ ~xecutive Director '~ Finance & Mgmt. Services Agency 22D-2 ABSTRACT OF BIDS CONTRACT AWARD FOR CCTV SEWER MAIN INSPECTION SYSTEM IFB# 08-009 Vendor 3T Equipment Plumbers Depot R.S. Technical Municipal Company, Inc. Inc. Services, Inc. Maintenance Equipment, Inc. Location Santa Rosa Hawthorne Petaluma Sacramento Terms Net 30 Net 30 Net 30 Net 30 Delivery Included Included Included Included Sub Total $46,319.00 $48,000.00 $49,000.00 $62,640.00 Sales Tax at 7.75% $3,589.72 $3,720.00 $3,797.50 $4,854.60 Total Cost $49,908.72 $51,720.00 $52,797.50 $67,494.60 Exhibit 1 22D-3 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 CONTRACT AWARD FOR POOL REFINISHING AT SANTA ANNTA PARK POOL (SPEC. NO. 08-012) ~~ CI Y 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 Award a contract to Condor, Inc. for pool refinishing at Santa Anita Park in the amount of $45,760. DISCUSSION The Parks, Recreation and Community Services Agency maintains and operates five swimming pools, which provide a wide variety of aquatics programs for the community. The pools, four of which are over 20 years old, require resurfacing as needed. Parks Services has been systematically replacing the fiberglass linings with plaster surfaces at the pools for enhanced safety and efficient routine maintenance. The Santa Anita Center pool, which serves over 1,500 residents annually with recreation swim programs, is the final pool to be renovated. The fiberglass lining, which was installed in 1985, has started to detach from the wall and floor surface areas due to weather and use. The original lining will be removed and replaced with a new plaster surface. When the renovation is complete, the preventative maintenance program calls for resurfacing of the pool every 10-15 years. With council approval, this renovation will be complete before the beginning of the summer season. The notice inviting bids was advertised on February 21, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 16 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 3 Bids received Bids were received, opened on March 11, 2008, and evaluated (Exhibit 1). The bid received from Condor, Inc. is responsive to the specifications and meets the City's requirements. A 10 percent contingency has been included for unanticipated minor modifications. 22E-1 Contract Award for April 7, 2008 Page 2 FISCAL IMPACT Pool Refinishing Funds are available in the Recreation Grants Fund California State Park Bond Improvements account (no. 169-270-6631). APPROVED AS TO FUNDS AND ACCOUNT: /~, ~ L ~~Le'ytG~•y2 Gerardo Mouet y~ rancisco Gutierrez "~/ Executive Direct r Executive Director ~"6 Parks, Rec. & Co Svcs. Agency Finance & Mgmt. Services Agency GM/WO/08-012.8: 22E-2 ABSTRACT OF BIDS CONTRACT AWARD FOR SANTA ANNTA PARK POOL RESURFACING IFB# 08-012 Vendor Condor, Inc. OC Sunny, Inc. Location EI Monte Huntington Beach Sub Total $41,600.00 $52,984.00 Sales Tax at 7.75% on materials Included Included Total Cost $41,600.00 $52,984.00 Exhibit 1 AMAX Builders Mission Viejo $60,439.00 $1,461.00 $61,900.00 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AMENDMENTS FOR JANITORIAL SUPPLIES (SPEC. NO. 08-014) 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 Amend the contracts to increase the aggregate limits by $25,000 for a total of $50,000 for each of the following vendors: Gale Supply Company Kathco Products Waxie Sanitary Supply DISCUSSION The Central Stores section of the Finance and Management Services Agency provides janitorial supplies such as brooms and brushes, trashcans, cleansers, polishes, soaps, and disinfectants as necessary to maintain the various City facilities. The contracts for janitorial supplies are designed to provide quality products at a significant savings based on quantity pricing. The amendment will allow for uninterrupted service to the City while current janitorial supply specifications are being reviewed and revised to include environmentally preferable products. Bids will then be solicited for a new contract. FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (object codes 6391). u ` ~ .~-- Francisco Gutierrez ~rc~?xecutive Director Finance & Mgmt. Services Agency! BP 22F-1 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR TRAFFIC DETECTION VIDEO SYSTEMS (SPEC. NO. 08-015) ITY 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 Award a contract to Iteris for the purchase and installation of traffic detection video systems in an amount not to exceed $47,474. DISCUSSION The Public Works Agency's Traffic Engineering Division manages approximately 275 traffic signals throughout the City. For most of these intersections, signal loops imbedded into the street collect real time traffic data in order to make adjustments to traffic signal timing. Data monitored includes speed and volume of traffic, and occupancy of traffic lanes. However, in 17 intersections where loop installation is difficult or cost prohibitive, video detection technology is utilized to provide traffic information. Iteris, a Santa Ana vendor, installed the video detection systems in 13 of the 17 intersections, with the remaining four utilizing Econolite video detection systems. Currently, three of the Econolite systems are no longer operational and are in need of replacement. In 2001, the Traffic Engineering Division evaluated video detection systems. Based on its technical superiority, ease of use and high level of customer service, staff elected to standardize on the Iteris system. Iteris has agreed to replace the three non-operating Econolite systems at a discounted rate. 22G-1 Contract Award for Video Detection Systems April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the New Transportation System Improvements for Area E account (no. 34-631-6631). APPROVED AS TO FUNDS AND ACCOUNTS: > , 1. ~ ~~ _ f ' James G. Ross ~ ~~ Francisco Gutierrez ~+ Executive ~6irector y„~i~xecutive Director Public Wo,~ks Agency Yl_ Finance & Mgmt. Services Agency ~~ JGR/WO/08-015.9: 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR RECREATION PROGRAM BROCHURE (SPEC. NO. 08-016) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Rodger & McDonald Publishers, Inc. for printing and mailing the recreation program brochures for a three-year period, in an annual amount not to exceed $30,000. DISCUSSION The Parks, Recreation and Community Services Agency conducts leisure classes and recreation programs at the City's parks and community centers. These programs include sports activities and classes in health, fitness, visual and performing arts, and safety procedures. To effectively market these programs to the widest audience, staff recommends contracting for the production of a recreation program brochure printed and mailed to the community semi-annually. This brochure will also contain several sections in Spanish. Bids were solicited and opened on March 13, 2008, and evaluated (exhibit 1) A summary of the bid invitations and bids received is as follows: 13 Requests For Bid mailed 3 Requests For Bid mailed to Santa Ana vendors 4 Bids received The bid received from Rodger & McDonalds Publishers, Inc. is responsive to the specifications and meets the City's requirements. 22H-1 Contract Award for Recreations Program Brochure April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Recreation Community Services Community Affairs account (account no. 11-232-6391). APPROVED AS TO FUNDS AND ACCOUNTS: L~~ Gerardo Mouet Executive Direct r Parks, Rec. & Comm. Svcs. Agency GM/KM/08-016.8:sh u~u ~ -~~ ~ Francisco Gutierrez ~ '~ executive Director Finance & Mgmt. Services Agency 22H-2 ABSTRACT OF BIDS CONTRACT AWARD DRAFT #1 RECREATION PROGRAM BROCHURE (SPEC. 08-016) VENDOR RODGERS & TREND DIVERSIFIED MCDONALD OFFSET PRINTERS LOCATION CARSON LOS ALAMITOS LA MIRADA TERMS NET 30 1$-30 DAYS NET 30 RECREATIONS PROGRAM BROCHURE COVER + 24 TEXT PGS 85,000 $ 11,529 $ 100,000 $ 12,977 $ 115,000 $ 14,456 $ DELIVERY FEE $ 50 MAIL PREP CHARGE $ 50 $ ADDRESS MAIL PREP $ 700 $ SUB-TOTAL $ 12,329 $ TERM DISCOUNT $ - $ TOTAL 1 ISSUE / 85M $ 12,329 $ TOTAL 2 ISSUES / 85M $ 24,658 $ GRAND TOTAL $ 30,000 FOR INC QUAN + PAGES SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUNT OF: THE PM GROUP LAKE FOREST 2$-10 DAYS NET 30 12,759 $ 19,819 $ 18,745 14,358 $ 17,487 $ 21,517 16,020 $ 19,782 $ 23,932 INCL INCL INCL 80 INCL INCL 80 INCL INCL 12,919 $ 14,819 $ 18,745 (129) $ - $ (375) 12,790 $ 14,819 $ 18,370 25,580 $ 29,638 $ 36,740 RODGERS & MCDONALD $30,000.00 Exhibit 1. 22H-3 22H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR DEFIBRILLATOR MAINTENANCE (SPEC. 08-025) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to ZOLL Medical Corporation to extend the factory warranty and renew the maintenance contract for 10 defibrillators, in an amount of $23,375, and increase the aggregate limit for miscellaneous supplies in the amount not to exceed $25,000 annually. DISCUSSION In March 2005, the City Council authorized the purchase of 10 defibrillators for use by the Fire Department Emergency Medical Services division. The purchase included an extended factory warranty and a three-year preventive maintenance contract. The vendor has agreed to extend the factory warranty and renew the maintenance contract for an additional two-year period for $23,375. Additionally, ZOLL provides defibrillator supplies, including paddles, cables and batteries. The purchase of the extended warranty and maintenance contract, when added to the vendor's fiscal purchases, will exceed the $25,000 aggregate limit. To facilitate future purchases, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the Fire Suppression Emergency Medical Services account (no. 11-323-6291). ~~~~ Marc E. Martin Fire Chief 221-1 APPROVED AS TO FUNDS AND ACCOUNTS: 5~} Francisco Gutierrez ~~ ~y~Executive Director Finance & Mgmt. Services Agency 221-2 REQUEST FOR ~~ - C O U N C I L ACTION $d~Ution ,s~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR FIRE HOSE (SPEC. N0.08-023) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~, / / ~~ ~~ CITY A GER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to L. N. Curtis & Sons for the purchase of fire hose for a one-year period with provision for three one-year renewals in an annual amount not to exceed $28,500; and increase the aggregate limit for miscellaneous supplies for the Fire Department in an amount not to exceed $25,000 annually. DISCUSSION The Fire Department has established an ongoing replacement program for fire hose at a rate of one engine load per year. The replaced fire hose is used on reserve fire apparatus or stored for unexpected emergencies. In 2006, through extensive field use testing, the Fire Department updated its hose specifications for quality and reliability. In the subsequent two solicitations for bid in 2006 and 2007, the recommended vendor has been the only responsive bidder. Additionally, L. N. Curtis & Sons provides miscellaneous fire equipment maintenance supplies and turnout garments for the Fire Department. The purchase of fire hose, when added to the vendor's fiscal purchases, will exceed the $25,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. 22J-1 Contract Award for Fire Hose April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance account (no. 11-327-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Marc E. Martin Fire Chief G~ Jr _~ . Francisco Gutierrez 'Executive Director Finance & Mgmt. Services Agency MEM:sp 22J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AMENDMENT AND AWARDS FOR PARAMEDIC SUPPLIES (SPEC. NO. 07-103) -~ CITY MANAGER 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 1. Amend the contract with Bound Tree Medical, LLC for paramedic supplies in the amount of $24,300, for a total amount not to exceed $241,588. 2. Reject bids from Flotec, Inc. and Life-Assist, Inc. as nonresponsive. 3. Award contracts to Bound Tree Medical, LLC and Tri-Anim Health Services, Inc. for the purchase of paramedic supplies for a three-year period with provision for two one-year renewals in an annual amount not to exceed $217,200. DISCUSSION The Fire Department's Paramedic Division provides emergency paramedic services within the City of Santa Ana. Paramedic supplies are purchased for such services, and patients are billed when services are rendered. The Police Department Jail Facility also orders supplies such as latex gloves for use during daily operations. The notice inviting bids was advertised on November 14, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 16 Invitations For Bid mailed 4 Bids received Bids were received and opened on December 3, 2007 (Exhibit 1). Requirements and specifications were based on the Paramedic Division's requirements and Orange County Emergency Medical Service standards. 22K-1 Contracts Award for Paramedic Supplies April 7, 2008 Page 2 Flotec, Inc. and Life-Assist, Inc. bid on products that were not compliant with the specifications and, therefore, determined to be nonresponsive. The bids received from Bound Tree Medical, LLC and Tri-Anim Health Services, Inc. are responsive to the specifications and meet the City's requirements. Amending the current contract with Bound Tree Medical will allow for payment of invoices received during the transition to the new contract period. FISCAL IMPACT Funds are available in the Fire Emergency Medical Services and Police Detention Services accounts (nos. 11-323-6391 and 11-349-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Marc E. Martin rancisco Gutierrez Fire Chief ~ecutive Director (j Finance & Mgmt. Services Agency i ~ ~, ~~_ 1 ~.~ Paul M. Walters Chief of Police MEM/PMW:sp 22K-2 ABSTRACT OF BIDS PARAMEDIC SUPPLIES (SPEC. NO. 07-103) Vendor San Diego Tri-a Sylmar Location Category A Category B Category C Category D Category E Category F Category G Category H Category I Category J Category K Category L Vendor Location $13,100.55 $11,289.67 $2,401.46 $24,911.03 $877.25 $33, 553.10 $23,768.66 $16,540.50 $3,116.32 $5,963.05 $2,903.79 Flotec, Inc.' Indianapolis, IN $13,252.7 nonresponsive nonresponsive" $466.70 $28,900.27 nonresponsive* $27,147.50 no bid $2,709.18 nonresponsive" nonresponsive* Life Assist* Rancho Cordova * Did not bid on all items in category and/or products did not comply with specifications Exhibit 1 22K-3 22K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR ARTESIA PILAR NEIGHBORHOOD WATER MAIN REPLACEMENT (PROJECT NO. 08- 3208) CITY " A AG R CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION f ~,fl. Award a contract to Dominguez General Engineering, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,795,000 for construction of the Artesia Pilar Neighborhood Water Main Replacement. 2. Approve a Funding Analysis with a total estimated construction cost of $2,243,700. DISCUSSION This project provides for the replacement of deteriorated and undersized water pipes in the Artesia Pilar Neighborhood (Exhibit 1). The improvements include installation of new water mains, fire hydrants, main gate valves, and water services. Once completed, breaks and leaks associated with the older and deteriorated water mains will be eliminated. In addition, water service capacity and fire protection to the areas served by these new water mains will be enhanced. The Notice Inviting Bids was advertised on February 13, bids were opened on March 6, 2008. A summary of th mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 27 Bids received: 15 Bids received from Santa Ana Contractors: 1 and 15, 2008, and e bid invitations 23A-1 Artesia Pilar Neighborhood Water Main Replacement April 7, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Dominguez General Engineering, Inc. Rosemead $1,795,000.00 2. Metro Builders & Engineers Group Newport Beach $1,798,369.56 3. Majich Brothers, Inc. Altadena $1,958,500.00 4. Cedro Construction, Inc. Santa Paula $2,018,150.00 5. Ken Thompson, Inc. Corona $2,055,469.00 6. J. A. Salazar Construction & Supply La Habra Heights $2,179,320.00 7. Garcia Jarez Construction, Inc. Brea $2,253,590.00 8. John T. Malloy, Inc. Los Angeles $2,355,420.00 9. R. G. Castongia, Inc. Downey $2,452,282.00 L0. Herman Weissker, Inc. Riverside $2,482,627.82 Ll. Southern California Pipeline Tustin $2,491,010.00 L2. J. De Sigio Construction, Inc. Arcadia $2,555,514.00 L3. Sulley Miller Contracting Company Anaheim $2,645,234.00 L4. BNB Engineering, Inc. Santa Ana $2,668,767.60 L5. West Valley Construction Arcadia $2,899.004.00 A total of 15 bids were received and all were responsive. The lowest bid was submitted by Dominguez General Engineering, Inc. for $1,795,000 which is below the Engineer's estimate of $2,100,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, ER #2007-O1 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,243,700 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects Fund (account no. 66-579-6635.) ~Z vv James G. oss Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\04-07-08 OS-3208 Artesia ET.doc 150 W.D. 23A-2 i VICINITY MAP EXHIBfT 1 Y 1 O!y SANTA ANA GP ~j ~~ Title= ARTESIA PILAR NEIGHBORHOOD ~~~ '°~~, City Council P W A Agenda Date WATER MAIN REPLACEMENT ~ ~; 1 PIIBIIC WORKS AGENCY APRIL 7, 2008 (PROJECT 08-3208) -' r FUNDING ANALYSIS PROJECT 08-3208 ARTESIA PILAR NEIGHBORHOOD WATER MAIN REPLACEMENT Construction Contract $1,795,000 Contract Administration 68,400 Inspection and Testing 110,600 Survey Staking 90,200 Contingencies 179,500 TOTAL ESTIMATED CONSTRUCTION COSTS $2,243,700 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD FOR CIVIC CENTER PEDESTRIAN BRIDGES RENOVATION (PROJECT NOS. 06- 9092 AND 08-9098 (,~ CITY MANAGER ~~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Sol Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $236,690 for the Civic Center Pedestrian Bridges Renovation project. 2. Approve a Funding Analysis with a total estimated construction cost of $278,200. DISCUSSION The Civic Center pedestrian bridges provide access from the Plaza of the Fountains to the Plaza of the Flags and from the Orange County Courthouse to the Plaza of the Flags (Exhibit 1). This renovation project consists of removing and replacing the existing railing system and tiles, and repairing spalls and cracks. Once completed, the renovations will enhance the safety and visual appearance of the bridges. The Notice Inviting Bids was advertised on January 28 and 30, 2008, and bids were opened on February 19, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 11 Bids received: 5 Bids received from Santa Ana Contractors: 1 23B-1 Civic Center Bridges Renovation April 7, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Sol Construction, Inc. Riverside $236,690 2. Abbott Contracting & Engineering, Inc. Norco $243,220 3. Hondo Company, Inc. Santa Ana $248,792 4. Cedar Development Corp. Mira Loma $275,000 5. MMC, Inc. Santa Fe Springs $426,100 A total of five bids were received and all were responsive. The lowest bid was submitted by Sol Construction, Inc. for $236,690 which is below the Engineer's estimate of $304,000. RNVIRONMENTAL IMPACT An Environmental Impact Review No. 2008-50 has been completed and a Categorical Exemption will be filed for the project pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $278,200 for the project (Exhibit 2). Funds are available in the Civic Center Maintenance/Capital Projects Fund (account no. 074-243-6631). APPROVED AS TO FUNDS AND ACCOUNTS: J ' (~ L~ James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency ~ Finance and Mgmt. Services Agency Gerardo Mouet Executive Director° Parks, Recreation ~nd Community Services Agency K:\Construction\RFCA-draft\04-07-08 Ped bridge et.doc 60 WD 23B-2 1. _ --- ___. .___._.,~ ~. ___ ._. ___.~ l_ ._,____.~ `MH,' TO VVV CIVIC CENTER DR ._ ____u_._ __._.._ ___.___.__,__~______ . ____r_ ____~ _.__._..,. ~~~ ~ ~_ ~ ~ -.... \~~ ~HRAfiY :. :~\~ ..~.. COUNiY _.______._._____ r~ l,` ``, CCUFEHO~SE ~ n ~~ ,., \~ 6 \; fl' L_ \ .~ _ i ~h i - :~ :~ . ~. ~ ~\, ~ it ~~ `,\~I~~- ~ ~ L---- ~~t\ J W SUPERIOR 4 iECER,+1 i I~ C9JR1 cJLCC Mtl {% ~ EXHIBIT 1 SANTA ANA TITLE: ~~, cmr couNC~ CMC CENTER PEDESTRIAN BRIDGES P W A AGB~DA DATE: RENOVATION -PLAZA OF THE A~ ~• 2008 FOUNTAINS AND COURTHOUSE ~`" "°R15 "`~"`" (PROJECT NO.~ 06-9092/08-9098) (NTS) p~DGE ro ~ Wf~IANRi 23B-3 FUNDING ANALYSIS PROJECT NOS. 06-9092 and 08-9098 CIVIC CENTER PEDESTRIAN BRIDGES RENOVATION Construction Contract $236,690 Contract Administration 8,361 Inspection and Testing 9,480 Contingencies 23,669 TOTAL ESTIMATED CONSTRUCTION COSTS $278,200 Exhibit 2 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: PURCHASE SOFTWARE, SERVICE AND MAINTENANCE FOR DOCUMENT MANAGEMENT SYSTEM UNDER EXISTING AGREEMENT WITH COMPULINK MANAGEMENT CENTER, INC. C TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize funding for the purchase of additional software, services, and maintenance under the existing agreement with Compulink Management Center, Inc. (agreement # A-2004-004) for the continued expansion of the Citywide Laserfiche system in an amount not to exceed $240,000 for a three year period. DISCUSSION In 2001, a Document Imaging Steering Committee was formed to develop standards, policies, and processes and to provide direction to the City's implementation of the evolving document imaging technology. At that time, the Committee recommended the implementation of a pilot project in the Clerk of the Council office to develop best practices and standards that could be applied to other departments. After conducting an evaluation of various alternatives, and reviewing three proposals received from vendors, the Committee determined that Compulink Management Center's Laserfiche solution provided the best approach for the City. Compulink is the market leader in municipal government document management systems, and its system has been installed at other cities in Orange County and throughout the state and country. Since its installation, the Laserfiche system has enhanced customer service through increasing staff productivity by significantly reducing document retrieval time and allowing simultaneous access to documents. Further, the system has reduced storage space and enhanced the City's record retention program. Since its initial implementation in the Clerk of the Council office, the system has been expanded into the Police Department, Treasury Division, and Public Works Agency. 25A-1 Document Management System Maintenance and Expansion April 7, 2008 Page 2 The existing agreement with Compulink Management Center, Inc. allows the City to purchase additional software and services at the original prices stated in the agreement. The subject recommended action is to exercise that purchase option to expand this technology in the Parks, Recreation, and Community Services Agency as well as expand the access to the Clerk of the Council's system, so all City departments may benefit. Additionally, the action provides for the continued funding of annual Laserfiche maintenance fees that entitle the City to software support and upgrades. FISCAL IMPACT Funds are available in the Technology Plan (no. 109-600-6291), Police Department Computer Services (no. 11-338-6291), and Police Department Jail Services (no. 11-349-6291) accounts. Patricia Healy Clerk of the Council APPROVED AS TO FUNDS AND ACCOUNTS: :, /~ ~ G~~~~ Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency Gerardo Moe Executive Director Parks, Rec., & omm. Svcs. Agency Paul M. Walters Chief of Police Police Department 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AMENDMENT TO PARALEGAL SERVICES AGREEMENT WITH BEAUCHAMP ENTERPRISES, INC. co~~. C TY MANAGER RECOMMENDED ACTION Authorize the City Manager attached amended agreement the hourly rate from $40.00 approved by the City Manager DISCUSSION 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 and Clerk of the Council to execute the with Beauchamp Enterprises, Inc. increasing to $58.00, subject to non-substantive changes and City Attorney. The City Attorney's Office provides a variety of legal services including the representation of the City and its officials in judicial proceedings. This is primarily done through full-time staff including paralegals. Occasionally, unforeseen circumstances and increases in active caseload require supplemental staff. In 2005, the Office contracted with Beauchamp Enterprises, Inc. to provide litigation paralegal assistance primarily related to eminent domain and support in right of way issues. Recently, the service provider obtained the Senior Right of Way Agent (SR/WA) designation through the International Right of Way Association. This designation is the most prestigious professional designation granted by the IRWA and is the only designation reflecting evidence of professional status in the Right of Way field. The City Attorney's Office has been notified that Beauchamp Enterprises, Inc. wishes to increase their fees. The request is for an hourly fee adjustment from $40 to $58. This rate is well below the billable rate of $95 to $125 hourly for paralegal work charged by Right of Way Agents who hold the SR/WA designation. Beauchamp Enterprises, Inc. has provided the City with exceptional and cost-effective paralegal support. The revised hourly rate of $58 per hour remains consistent with the company's previous pricing policy and provides a substantial cost savings to the City. 25B-1 Amendment to Paralegal Services Agreement with Beauchamp Enterprises, Inc. April 7, 2008 Page 2 FISCAL IMPACT Funds are budgeted and available in the City Attorney Other Personnel Services account (no. 11-031-6191) and various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ,~ Executive Director Finance & Management Services Agency Enrique A a Jim Ross Executiv ire t r Executive Personnel Services Public Wo irector s Agency 25B-2 FIRST AMENDMENT TO BEAUCHAMP ENTERPRISES, INC. AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on April 1, 2008, by and between Beauchamp Enterprises, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RF("iTAi.S: A. The parties entered into Agreement #A-2005-019, dated February 8, 2005, (hereinafter "said Agreement") by which Consultant has provided special skill and knowledge in the field of real estate and paralegal services. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to pay for services during the term of said Agreement. 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2 a., COMPENSATION, shall be amended to increase compensation from $40.00 per hour to $58.00 per hour. It shall read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $58.00 per hour." 2. Except as hereinabove amended, all terms and conditions of said Agreement and Amendment shall remain in full force and effect. 25B-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Jose Sandoval Sr. Assistant City Attorney CONSULTANT R. BEAUCHAMP President/CEO Tax ID# 75-3075206 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONTRACT AWARD WITH JONES AND STOKES FOR ENVIRONMENTAL CONSULTING SERVICES RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d 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 Jones and Stokes to provide environmental assistance related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) in the amount of $10,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Environmental planning is a core service provided by the Planning Division to private developers, the Planning and Building Agency and other departments, such as the Public Works Agency, Community Development Agency and Parks, Recreation and Community Services Agency. To continue to provide quality and efficient environmental services, the City has relied on Jones and Stokes to provide on-call environmental consulting services since September 2006. They have provided essential input on a variety of projects that have resulted in proper and efficient environmental analysis. Jones and Stokes is a leading environmental planning firm with special expertise and familiarity with the City of Santa Ana. Its staff are regular instructors of the UCLA Extension annual CEQA training and they are the authors of the popular CEQA Deskbook. An agreement with Jones and Stokes was originally approved in April 2006 in the amount of $25,000; that agreement has expired. It is requested that an agreement be executed with Jones and Stokes for $10,000 to continue providing on-call consulting services due to the technical expertise they possess in environmental services. As required per Section 2-801 of the Santa Ana Municipal Code, the City Manager is authorized to bind the City to a contract for an amount not exceeding $25,000. The City has executed 25C-1 CITY MANAGER Contract Award for Environmental Services April 7, 2008 Page 2 additional agreements with Jones projects in amounts exceeding thi as a result, this new contract approval. and Stokes for various development s limit for the 2007-2008 fiscal year; must go before the City Council for Environmental Impact In accordance with the California Environmental Quality Act, the awarding of a contract for environmental consultation is exempt from CEQA under the General Rule Exemption, Section 15061(b)(3) Certificate of Exemption Environmental Review No. 08-38 will be filed. FISCAL IMPACT Funds in the amount of $10,000 are available in the Planning and Building Agency account for other contractual services (account no. 11-505-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Jap'M. Trevino Francisco Gutierrez ~ ., Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency PG:rb pg\reports\JonesStokes-envconsu1t.2008.cc 25C-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7~' day of April, 2008 by and between Jones & Stokes, a California corporation (hereinafter "Consultant"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental training and consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental consulting services on an on-call basis, as set forth in Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work-product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25C-3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25C-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives asadditional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, 25C-5 damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council 25C-6 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) and P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Jones & Stokes Mr. Chad Beckstrom 17310 Red Hill Avenue, Suite 320 Irvine, California 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, 25C-7 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25C-8 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney JONES & STOKES CHAD BECKSTROM Associate Principal/Project Director Tax ID# 25C-9 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # . Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25C-10 EXHIBIT A 17310 Red Hill Avenue, Suite 320 Irvine, CA 926145600 tel. 949 260.1080 fax 949 260.1081 www.jonesandstokes.com November 8, 2007 Mr. Pedro Guillen, Associate Planner Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Proposal for Environmental Consulting Services Dear Pedro: Thank you for inviting Jones & Stokes to continue providing environmental consulting services for the City of Santa Ana. We are enthusiastic to have the opportunity to continue our work with the City of Santa Ana Planning Division and share our expertise related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) with City staff. I will serve as program manager for the effort, and will be the main point of contact for the City. I will be supported by our team of top CEQA/NEPA advisors and in-house environmental counsel (Ken Bogdan, JD; Ron Bass, JD; and Terry Rivasplata, AICP), as well as other staff as necessary, in the consulting services for the City. The following outlines the proposed scope of work and compensation related to providing environmental consulting services. Scope of Work Task 1. Provide In-House CEQAINEPA ConsultationlReview Jones & Stokes will provide environmental consultation and review services for City staff as an in-house extension of City staff. We will provide a staff member to be onsite at the City Planning Division in City Hall on an as-needed basis, with advanced notice or by appointment. Our staff will work with case planners and staff in other City Departments to review environmental documents prepared by City planning staff, provide advice related to CEQA/NEPA, and answer general questions regarding the environmental review process relative to the City entitlement process. This task may include additional outside consultation with Jones & Stokes legal counsel and/or technical experts, as needed. This task does not include preparing environmental documents, though it may include writing brief memoranda related to review of documents and other consultation. Task 2. Provide On-Call CEQAINEPA Consultation Jones & Stokes will be available to the City on an as-needed basis to provide CEQA/NEPA consultation for City staff. Our team will be available by phone and email to provide ongoing advice and review services working on-call at City Hall. We will also be available to prepare Categorical Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, and EIRs at the City's request. These services will 25C-11 Mr. Pedro Guillen November 8, 2007 Page 2 be billed on a time and materials basis beyond the proposed compensation identified below, or will be bid on separately from this scope of work. Fees and Compensation Jones & Stokes proposes to complete the scope of services identified in Tasks 1 and 2 above for anot-to exceed fee of $10,000. We will bill the City on a time and materials basis in accordance with our standard schedule of fees (attached). As an associate principal and project director at Jones & Stokes, I am pleased to commit our team to continue our successful working relationship with the City of Santa Ana. Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Chad Beckstrom, AICP Project Director 10 25C-12 CONFIDENTIAL Attachment A: Jones & Stokes Fee Schedule Effective January 1, 2007 Project Director $200 Technical Director $180 Managing Consultant/Senior Technical Analyst $165 Senior Consultant III $145 Senior Consultant II $130 Senior Consultant I $120 Associate Consultant III $110 Associate Consultant II $100 Associate Consultant I $90 Lead Editor $85 Support Editor $80 Graphic Artist $75 Librarian $75 Publications Specialist $70 Technician $55 Administrative Technician $55 Intern $50 Report Production: 8.5" x 11"Color photocopying $0.16/page Report Production: 8.5" x 11"black & white photocopying $0.08/page Automobile mileage at current IRS rate or $0.485Imile Laptop computer (field projects only) $10.00/day Cellular telephone (field project only) $10.00/day A general and administrative charge of 10% will be applied to all other direct costs, inclusive of subcontractor charges. Per diem is charged at $160.00/day. A lodging surcharge will apply in high rate areas. Jones & Stokes Associates clients may reduce any current invoice by (1 %) of the billed amount if payment is made within 10 business days of receipt of said invoice. 25C-13 25C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT o6-i5oa~ ITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Attorney and Clerk of the Council to execute the attached agreement with Carrington Mortgage Services, LLC for the purchase of the property located at 1251 W. Camile Street in the amount of $260,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of the entire property listed above is required (Exhibit 1). The property was acquired by the bank through a foreclosure. The structure is vacant and the price of $260,000 reflects a distressed sale. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. 25D-1 Purchase Agreement For Bristol Street Corridor April 7, 2008 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: ~ G~'~~L James G. Ross Francisco Gutierrez `:~ Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25D-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR ~o '--~--o ~i I _ ~ m ~~' N O --,_ . I' TOLLIVER -_- 712 716 - 720 - - _ 802 --- 806 - 8141 - - - -- 8C8 - _ 822 902 -- --; ~ 510 __ ~ - - I- ~ ~ 514 - l -}- I0J9i , _ _ 51.8 I 52 MCFADDEN AVENUE WILLITS BISHOP i-- MATCHLINE SEE ABOVE LEFT LEGEND 0 SUBJECT PROPERTIES ~_ __~ ACQUIRED PROPERTIES WALNUT ST. ~~ n i ~ i - ~ -- _ _ _ _ _r 1 T AVENUE PINE ST. 701 _ - 2 -- 3_- I, 3051 1 - 3.40 - 3091 ~ ~ - 711 -1 -- - --T - 313 ~ 314 X 323 I 717. I _ _ 318 - -- '~ HI HLAND- . 402 CHESTNUT r`~~ ~ 406 4.- ~ ~ ~ (VI -- - _ 41.E 07 ~ -__ ~ I 414 I --- -- -- I i - 420 __ 1 MY RTLE STREET 43 I I -- -- 434 I ~ -- - - 438 _-L -~ 442 446 ,-. I :UBBON ST. 502 ~ 506 EXHIBIT 1 CITY COUNCIL ~_~ AGENDA DATE ~~~~ APRIL 7, 2008 P.~~~~ ~oRk; ,:,E~;:. PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) ,~ ~~' 25D-3 t, i I I t t ,< ~ I~ CALIFORNIA ~~ \ ` t c I I I t , \ RESIDENTIAL PURCHASE AGREEMENT •r- ;r t l l lit I AND JOINT ESCROW INSTRUCTIONS ~~ For Use With Single Family Residential Property -Attached or Detached (C.A.R. Form RPA-CA, Revised 11/07) Date March 11 2008 , at Santa Ana ,California. 1. OFFER: A. THIS IS AN OFFER FROM City Of Santa Ana ("Buyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as 1251 West Camile Street Santa Ana CA 92703 Assessor's Parcel No. ,situated in Santa Ana ,County of Orange ,California, ("Property"). C. THE PURCHASE PRICE offered is Two Hundred Sixtv Thousand Dollars $ 260, 000.00 D. CLOSE OF ESCROW shall occur on April 25, 2008 (date) (or ^ Days After Acceptance). 2. FINANCE TERMS: Obtaining the loans below is a contingency of this Agreement unless: (i) either 2K or 2L is checked below; or (ii) otherwise agreed in writing. Buyer shall act diligently and in good faith to obtain the designated loans. Obtaining deposit, down payment and closing costs is not a contingency. Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Buyer has given a deposit in the amount of .......................................... $ to the agent submitting the offer (or to ^ ), by personal check (or ^ ), made payable to , which shall be held uncashed until Acceptance and then deposited within 3 business days after Acceptance (Or ^ ), with Escrow Holder, (or ^ into Broker's trust account). B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Days After Acceptance, or ^ C. FIRST LOAN IN THE AMOUNT OF ......................................................$ (1) NEW First Deed of Trust in favor of lender, encumbering the Property, securing a note payable at maximum interest of % fixed rate, or % initial adjustable rate with a maximum interest rate of %, balance due in years, amortized over years. Buyer shall pay loan fees/points not to exceed . (These terms apply whether the designated loan is conventional, FHA or VA.) (2) ^ FHA ^ VA: (The following terms only apply to the FHA or VA loan that is checked.) Seller shall pay % discount points. Seller shall pay other fees not allowed to be paid by Buyer, ^ not to exceed $ .Seller shall pay the cost of lender required Repairs (including those for wood destroying pest) not otherwise provided for in this Agreement, ^ not to exceed $ . (Actual loan amount may increase if mortgage insurance premiums, funding fees or closing costs are financed.) D. ADDITIONAL FINANCING TERMS: ^ Seller financing, (C.A.R. Form SFA); ^ secondary financing, ........... $ (C.A.R. Form PAA, paragraph 4A); ^ assumed financing (C.A.R. Form PAA, paragraph 46) E. BALANCE OF PURCHASE PRICE (not including costs of obtaining loans and other closing costs) in the amount of .. $ to be deposited with Escrow Holder within sufficient time to close escrow. F. PURCHASE PRICE (TOTAL) :................................................................... $ 260, 000. 00 G. LOAN APPLICATIONS: Within 7 (or ^ )Days After Acceptance, Buyer shall provide Seller a letter from lender or mortgage loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for the NEW loan specified in 2C above. H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 2G) shall, within 7 (or ^ )Days After Acceptance, provide Seller written verification of Buyer's down payment and closing costs. I. LOAN CONTINGENCY REMOVAL: (i) Within 17 (or ^ )Days After Acceptance, Buyer shall, as specified in paragraph 14, remove the loan contingency or cancel this Agreement; OR (ii) (if checked) ^ the loan contingency shall remain in effect until the designated loans are funded. J. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (OR, if checked, ^ is NOT) contingent upon the Property appraising at no less than the specified purchase price. If there is a loan contingency, at the time the loan contingency is removed (or, if checked, ^ within 17 (or Days After Acceptance), Buyer shall, as specified in paragraph 14B(3), remove the appraisal contingency or cancel this Agreement. If there is no loan contingency, Buyer shall, as specified in paragraph 146(3), remove the appraisal contingency within 17 (or )Days After Acceptance. K. ®NO LOAN CONTINGENCY (If checked): Obtaining any loan in paragraphs 2C, 2D or elsewhere in this Agreement is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. L. ®ALL CASH OFFER (If checked): No loan is needed to purchase the Property. Buyer shall, within 7 (or ^ )Days After Acceptance, provide Seller written verification of sufficient funds to close this transaction. 3. CLOSING AND OCCUPANCY: A. Buyer intends (or ®does not intend) to occupy the Property as Buyer's primary residence. B. Seller-occupied or vacant property: Occupancy shall be delivered to Buyer at 12:00 ®AM ^ PM, ^ on the date of Close Of Escrow; ^ on ; or ^ no later than Days After Close Of Escrow. (C.A.R. Form PAA, paragraph 2.) If transfer of title and occupancy do not occur at the same time, Buyer and Seller are advised to: (i) enter into a written occupancy agreement; and (ii) consult with their insurance and legal advisors. Buyer's Initials ( ) ( ) The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other Sellef'S Initials ( ) ( ) means, including facsimile or computerized formats. Copyright © 1991-2007, CALIFORNIA ASSOCIATION OF REALTORS. INC. ALL RIGHTS RESERVED. Reviewed by Date E°°0.LNWSING RPA-CA REVISED 11107 (PAGE 1 OF 8) OPPOPTUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT /RPa_rn Pnr:F ~ nF Rt Agent: PJ Jahangiri Phone: (714) 288-8600 Fax: (714) 289-1206 Prepared using WINForms®software Broker: Villa Realty Group 1421 N. Wanda Rd. Suite 120 Orange CA 92867 25D-4 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 11, 2008 C. Tenant-occupied property: (i) Property shall be vacant at least 5 (or ^ )Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Seller: If you are unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be in breach of this Agreement. OR (ii) (if checked) ^ Tenant to remain in possession. The attached addendum is incorporated into this Agreement (C.A.R. Form PAA, paragraph 3.); OR (iii) (if checked) ^ This Agreement is contingent upon Buyer and Seller entering into a written agreement regarding occupancy of the Property within the time specified in paragraph 14B(1). If no written agreement is reached within this time, either Buyer or Seller may cancel this Agreement in writing. D. At Close Of Escrow, Seller assigns to Buyer any assignable warranty rights for items included in the sale and shall provide any available Copies of such warranties. Brokers cannot and will not determine the assignability of any warranties. E. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys and/or means to operate all locks, mailboxes, security systems, alarms and garage door openers. If Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified here, this paragraph only determines who is to pay for the report, inspection, test or service mentioned. If not specified here or elsewhere in this Agreement, the determination of who is to pay for any work recommended or identified by any such report, inspection, test or service shall be by the method specified in paragraph 146(2). A. WOOD DESTROYING PEST INSPECTION: (1) ^Buyer ^Seller shall pay for an inspection and report for wood destroying pests and organisms ("Report") which shall be prepared by , a registered structural pest control company. The Report shall cover the accessible areas of the main building and attached structures and, if checked: ^ detached garages and carports, ^ detached decks, ^ the following other structures or areas . The Report shall not include roof coverings. If Property is a condominium or located in a common interest subdivision, the Report shall include only the separate interest and any exclusive-use areas being transferred and shall not include common areas, unless otherwise agreed. Water tests of shower pans on upper level units may not be performed without consent of the owners of property below the shower. OR (2) ^ (If checked) The attached addendum (C.A.R. Form WPA) regarding wood destroying pest inspection and allocation of cost is incorporated into this Agreement. B. OTHER INSPECTIONS AND REPORTS: (1) ^Buyer ^Seller shall pay to have septic or private sewage disposal systems inspected (2) ^Buyer ^Seller shall pay to have domestic wells tested for water potability and productivity (3) ^Buyer ^Seller shall pay for a natural hazard zone disclosure report prepared by (4) ^Buyer ^Seller shall pay for the following inspection or report (5) ^Buyer ^Seller shall pay for the following inspection or report C. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) ^Buyer ^ Seller shall pay for smoke detector installation and/or water heater bracing, if required by Law. Prior to Close Of Escrow, Seller shall provide Buyer a written statement of compliance in accordance with state and local Law, unless exempt. (2) ^Buyer ^Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards, inspections and reports if required as a condition of closing escrow under any Law. D. ESCROW AND TITLE: (1) ®Buyer ®Seller shall pay escrow fee Buyer 6 Seller to each pay customary closing costs 50/50 Escrow Holder shall be seller choice of title Company (2) ^Buyer ®Seller shall pay for owner's title insurance policy specified in paragraph 12E Owner's title policy to be issued by Seller Choice of title company (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) E. OTHER COSTS: (1) ^Buyer ®Seller shall pay County transfer tax or transfer fee (2) ®Buyer ^Seller shall pay City transfer tax or transfer fee (3) ^Buyer ^Seller shall pay HOA transfer fee (4) ^Buyer ^Seller shall pay HOA document preparation fees (5) ^Buyer ^Seller shall pay the cost, not to exceed $ , of a one-year home warranty plan, issued by with the following optional coverage: ' (8) ^Buyer ^Seller shall pay for ' (7) ^Buyer ^Seller shall pay for 5. STATUTORY DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph 14A, deliver to Buyer, if required by Law: (i) Federal Lead-Based Paint Disclosures and pamphlet ("Lead Disclosures"); and (ii) disclosures or notices required by sections 1102 et. seq. and 1103 et. seq. of the California Civil Code ("Statutory Disclosures'). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act and Improvement Bond Act of 1915) and, if Seller has actual knowledge, an industrial use and military ordinance location disclosure (C.A.R. Form SSD). (2) Buyer shall, within the time specified in paragraph 146(1), return Signed Copies of the Statutory and Lead Disclosures to Seller. (3) In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS, INC. RPA-CA REVISED 11/07 (PAGE 2 OF 8) Reviewed by Date eouaTNOUSiNc OPPOPTUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF 8) I Z51 West Cami 250-5 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 11, 2008 (4) If any disclosure or notice specified in 5A(1), or subsequent or amended disclosure or notice is delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After delivery in person, or 5 Days After delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent. (Lead Disclosures sent by mail must be sent certified mail or better.) (5) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A, Seller shall, if required by Law: (i) deliver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet; (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) 6. CONDOMINIUM/PLANNED UNIT DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or ~ )Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned unit development or other common interest subdivision (C.A.R. Form SSD). B. If the Property is a condominium or is located in a planned unit development or other common interest subdivision, Seller has 3 (or ~ ) Days After Acceptance to request from the HOA (C.A.R. Form HOA): (i) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "CI Disclosures"). Seller shall itemize and deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 146(3). 7. CONDITIONS AFFECTING PROPERTY: A. Unless otherwise agreed: (i) the Property is sold (a) in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. B. SELLER SHALL, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, AND MAKE OTHER DISCLOSURES REQUIRED BY LAW (C.A.R. Form SSD). C. NOTE TO BUYER: You are strongly advised to conduct investigations of the entire Property in order to determine its present condition since Seller may not be aware of all defects affecting the Property or other factors that you consider important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. D. NOTE TO SELLER: Buyer has the right to inspect the Property and, as specified in paragraph 146, based upon information discovered in those inspections: (i) cancel this Agreement; or (ii) request that you make Repairs or take other action. 8. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 8B or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms; and (3) The following items: (4) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (5) All items included shall be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: 9. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 148. Within the time specified in paragraph 146(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations'), including, but not limited to, the right to: (i) inspect for lead-based paint and other lead-based paint hazards; (ii) inspect for wood destroying pests and organisms; (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Buyer shall complete Buyer Investigations and, as specified in paragraph 146, remove the contingency or cancel this Agreement. Buyer shall give Seller, at no cost, complete Copies of all Buyer Investigation reports obtained by Buyer. Seller shall make the Property available for all Buyer Investigations. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS, INC. RPA-CA REVISED 11!07 (PAGE 3 OF 8) Reviewed by Date EOURL MUUSINC OPPORTUNITY CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 8) 1251 West Cami 25D-6 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 11, 2008 10. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of receipts and statements to Buyer prior to final verification of condition. 11. BUYER INDEMNITY AND SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer shall: (i) keep the Property free and clear of liens; (ii) Repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 12. TITLE AND VESTING: A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary (title) report, which is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 146. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a CLTA/ALTA Homeowner's Policy of Title Insurance. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 13. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. ~ (If checked): The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated into this Agreement. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph must be in writing (C.A.R. Form CR). A. SELLER HAS: 7 (or ~ )Days After Acceptance to deliver to Buyer all reports, disclosures and information for which Seller is responsible under paragraphs 4, 5A and B, 6A, 7B and 12. B. (1) BUYER HAS: 17 (or ~ )Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property (including lead-based paint and lead-based paint hazards as well as other information specified in paragraph 5 and insurability of Buyer and the Property); and (ii) return to Seller Signed Copies of Statutory and Lead Disclosures delivered by Seller in accordance with paragraph 5A. (2) Within the time specified in 146(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests. (3) By the end of the time specified in 146(1) (or 21 for loan contingency or 2J for appraisal contingency), Buyer shall, in writing, remove the applicable contingency (C.A.R. Form CR) or cancel this Agreement. However, if (i) government-mandated inspections! reports required as a condition of closing; or (ii) Common Interest Disclosures pursuant to paragraph 6B are not made within the time specified in 14A, then Buyer has 5 (or ~ )Days After receipt of any such items, or the time specified in 146(1), whichever is later, to remove the applicable contingency or cancel this Agreement in writing. C. CONTINUATION OF CONTINGENCY OR CONTRACTUAL OBLIGATION; SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize return of Buyer's deposit if, by the time specified in this Agreement, Buyer does not remove in writing the applicable contingency or cancel this Agreement. Once all contingencies have been removed, failure of either Buyer or Seller to close escrow on time may be a breach of this Agreement. (2) Continuation of Contingency: Even after the expiration of the time specified in 14B, Buyer retains the right to make requests to Seller, remove in writing the applicable contingency or cancel this Agreement until Seller cancels pursuant to 14C(1). Once Seller receives Buyer's written removal of all contingencies, Seller may not cancel this Agreement pursuant to 14C(1). (3) Seller right to Cancel; Buyer Contract Obligations: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize return of Buyer's deposit for any of the following reasons: (i) if Buyer fails to deposit funds as required by 2A or 2B; (ii) if the funds deposited pursuant to 2A or 26 are not good when deposited; (iii) if Buyer fails to provide a letter as required by 2G; (iv) if Buyer fails to provide verification as required by 2H or 2L; (v) if Seller reasonably disapproves of the verification provided by 2H or 2L; (vi) if Buyer fails to return Statutory and Lead Disclosures as required by paragraph 5A(2); or (vii) if Buyer fails to sign or initial a separate liquidated damage form for an increased deposit as required by paragraph 16. Seller is not required to give Buyer a Notice to Perform regarding Close of Escrow. (4) Notice To Buyer To Perform: The Notice to Buyer to Pertorm (C.A.R. Form NBP) shall: (i) be in writing; (ii) be signed by Seller; and (iii) give Buyer at least 24 (or ~ )hours (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform may not be given any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet a 14C(3) obligation. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS, INC. ~ RPA-CA REVISED 11/07 (PAGE 4 OF 8) Reviewed by Date FOUAL HOUSING OPPOPTUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 4 OF 8) 1251 Wcst Cami 25D-7 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 11, 2008 D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for inability to obtain financing. E. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the sale and escrow and release deposits to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, judicial decision or arbitration award. A party may be subject to a civil penalty of up to $1,000 for refusal to sign such instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or )Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7A; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement. 16. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED DEPOSIT. (C.A.R. FORM RID) Buyer's Initials / Seller's Initials / 17. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Paragraphs 176(2) and (3) below apply to mediation whether or not the Arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 176(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in California Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions. (3) BROKERS: Buyer and Seller agree to mediate and arbitrate disputes or claims involving either or both Brokers, consistent with 17A and B, provided either or both Brokers shall have agreed to such mediation or arbitration prior to, or within a reasonable time after, the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the Agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Bu er's Initials 1 y Seller's Initials ! Buyer's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS, INC. Seller's Initials ( ) ( ) RPA-CA REVISED 11/07 (PAGE 5 OF 8) Reviewed by Date EOUM NWSINC OPPOFTUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 8) 1251 Wcst Cami 250-8 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 11, 2008 18. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 19. WITHHOLDING TAXES: Seller and Buyer agree to execute any instrument, affidavit, statement or instruction reasonably necessary to comply with federal (FIRPTA) and California withholding Law, if required (C.A.R. Forms AS and AB). 20. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the terms of this transaction to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 21. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws. 22. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 17A. 23. SELECTION OF SERVICE PROVIDERS: If Brokers refer Buyer or Seller to persons, vendors, or service or product providers ("Providers"), Brokers do not guarantee the performance of any Providers. Buyer and Seller may select ANY Providers of their own choosing. 24. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 25. OTHER TERMS AND CONDITIONS, including attached supplements: q, ~ Buyer's Inspection Advisory (C.A.R. Form BIA) g, ^ Purchase Agreement Addendum (C.A.R. Form PAA paragraph numbers ) C, ^ Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) D. ^ Seller shall provide Buyer with a completed Seller Propertv Questionnaire (CAR form SPQ) within the time specified in paragraph 14A E. All parties are aware seller is representing both buyer and seller in this transaction 26. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the other party or that party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means the terms and conditions of this accepted California Residential Purchase Agreement and any accepted counter offers and addenda. C. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. If the scheduled close of escrow falls on a Saturday, Sunday or legal holiday, then close of escrow shall be the next business day after the scheduled close of escrow date. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days, unless otherwise required by Law. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Notice to Buyer to Perform" means a document (C.A.R. Form NBP), which shall be in writing and Signed by Seller and shall give Buyer at least 24 hours (or as otherwise specified in paragraph 14C(4)) to remove a contingency or perform as applicable. L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. N. Singular and Plural terms each include the other, when appropriate. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORSO, INC. RPA-CA REVISED 11!07 (PAGE 6 OF 8) Reviewed by Date eaunixousiNc OPPORiUN17V CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 6 OF 8) 1251 West Cami 25D-9 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 11 2008 27. AGENCY: A. DISCLOSURE: Buyer and Seller each acknowledge prior receipt of C.A.R. Form AD "Disclosure Regarding Real Estate Agency Relationships." B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer-broker agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. C. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Advantage REO /villa Realty Group (Print Firm Name) is the agent of (check one): ®the Seller exclusively; or ^ both the Buyer and Seller. Selling Agent Advantage REO /villa Realty Group (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): ^ the Buyer exclusively; or ®the Seller exclusively; or ^ both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 28. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 2, 4, 12, 136, 14E, 18, 19, 24, 256 and 25D, 26, 28, 29, 32A, 33 and paragraph D of the section titled Real Estate Brokers on page 8. If a Copy of the separate compensation agreement(s) provided for in paragraph 29 or 32A, or paragraph D of the section titled Real Estate Brokers on page 8 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ^ ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraphs 29, 32A and paragraph D of the section titled Real Estate Brokers on page 8. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraphs 29 and 32A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Escrow Holder shall immediately notify Brokers: (i) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 29. BROKER COMPENSATION FROM BUYER: If applicable, upon Close Of Escrow, Buyer agrees to pay compensation to Broker as specified in a separate written agreement between Buyer and Broker. 30. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. All paragraphs with spaces for initials by Buyer and Seller are incorporated in this Agreement only if initialed by all parties. If at least one but not all parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the above confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORSO, INC. RPA-CA REVISED 11/07 (PAGE 7 OF 8) Reviewed by Date couuxouvNc OPPOx TUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 8) 1251 West Cami 25D-10 1251 West Camile Street Property Address: Santa Ana, CA 92703 Date: March 1I, 2008 31. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by PJ Jahanairi with Villa Realty Group ,who is authorized to receive it by 5:00 PM on the third Day after this offer is signed by Buyer (or, if checked, ^ by March 14 2008 (date), at 12:00 ^ AM ® PM . Oate March 11, 2008 Date BUYER BUYER City Of Santa Ana (Print name) (Pant name) (Address) 32. BROKER COMPENSATION FROM SELLER: A. Upon Close Of Escrow, Seller agrees to pay compensation to Broker as specified in a separate written agreement between Seller and Broker. B. If escrow does not close, compensation is payable as specified in that separate written agreement. 33. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to deliver a Signed Copy to Buyer. ^ (If checked) SUBJECT TO ATTACHED COUNTER OFFER, DATED Date Date SELLER SELLER (Print name) (Pant name) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized ( / )agent on (date) at ^ AM ^ PM. A binding Agreement is created when (Initials) a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 27. C. If specified in paragraph 2A, Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or (ii) ^ (if checked) the amount specified in a separate written agreement (C.A.R. Form CBC) between Listing Broker and Cooperating Broker. Real Estate Broker (Selling Firm) Advantage REO /Villa Realty Group DRE Lic. # 00875475 BY PJ Jahangiri DRE Lic. # 00875475 Date March 11 2008 Address 1421 North Wanda Road, Suite I20 City Orange State CA Zip 92867 Telephone (714)288-8600 Fax (7141289-1206 E-mailpj@advantage-reo.com Real Estate Broker (Listing Firm) Advantage REO / Vi11a Realty Group License # 00875475 BY PJ Jahanairi License# 00875475 Date March 11, 2008 Address 1421 North Wanda Road Suite 120 City 92867 State CA Zip 92867 Telephone (714)288-8600 Fax (714)289-1206 E-mailpj@villarealtvgroup.com ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ^ a deposit in the amount of $ ), counter offer numbers and and agrees to act as Escrow Holder subject to paragraph 28 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder seller choice of title Company Escrow # By Date Address Phone/Fax/E-mail // Escrow Holder is licensed by the California Department of ^ Corporations, ^ Insurance, ^ Real Estate. License # (_ / ) REJECTION OF OFFER: No counter offer is being made. This offer was reviewed and rejected by Seller on (Seller's Initials) (Date) . riio rvnrv nr~a occrv r~rrnuvtu er IFit UALIhUKNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR CONSULT AN APPROPRIATE PROFESSIONAL. TAX ADVICE, This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. used only by Published and Distributed by: ! REAL ESTATE BUSINESS SERVICES, INC. r a subsidiary of the California Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date EQUAL HOUSING RPA-CA REVISED 11/07 (PAGE 8 OF 8) OPPORTUNITY CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF 8) 1251 Wcst Cami 25D-11 ~ CALIFORNIA ~ ~ ASSOCIATION BUYER'S INSPECTION ADVISORY _ OF REALTORS ~~ (C.A.R. Form BIA-A, Revised 10/02) Property Address: 1251 West Camile Street, Santa Ana CA 92703 ("Property") A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. Ageneral physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon items discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in breach of contract. C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations. D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional of your choosing. In sales involving residential dwellings with no more than four units, Brokers have a duty to make a diligent visual inspection of the accessible areas of the Property and to disclose the results of that inspection. However, as some Property defects or conditions may not be discoverable from a visual inspection, it is possible Brokers are not aware of them. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: 1. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, other structural and non-structural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. (Structural engineers are best suited to determine possible design or construction defects, and whether improvements are structurally sound.) 2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. (Professionals such as appraisers, architects, surveyors and civil engineers are best suited to determine square footage, dimensions and boundaries of the Property.) 3. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms and other infestation or infection. Inspection reports covering these items can be separated into two sections: Section 1 identifies areas where infestation or infection is evident. Section 2 identifies areas where there are conditions likely to lead to infestation or infection. A registered structural pest control company is best suited to perform these inspections. 4. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions, causes and remedies.) The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy Buyer's Initials ( ) ( ) machine or any other means, including facsimile or computerized formats. Seller's Initials ( ) ( ) Copyright ©1991-2004, CALIFORNIA ASSOCIATION OF REALTORS, INC. ALL RIGHTS RESERVED. Reviewed by Date EOURL HOUSING BIA-A REVISED 10!02 (PAGE 1 OF 2) OPPORTUNITY BUYER'S INSPECTION ADVISORY (BIA-A PAGE 1 OF 2) Agent: PJ Jahangiri Phone: (714) 288-8600 Fax: (714) 289-1206 Prepared using WINForms RO software Broker: Villa Realty Group 1421 N. Wanda Rd. Suite 120 Orange CA 92867 25D-12 Property Address: 1251 West Camile Street, Santa Ana CA 92703 Date: March 11, 2008 5. ROOF: Present condition, age, leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.) 6. POOLISPA: Cracks, leaks or operational problems. (Pool contractors are best suited to determine these conditions.) 7. WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. 8. WATER AND UTILITES; WELL SYSTEMS AND COMPONENTS: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. 9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). (For more information on these items, you may consult an appropriate professional or read the booklets "Environmental Hazards: A Guide for Homeowners, Buyers, Landlords and Tenants," "Protect Your Family From Lead in Your Home" or both.) 10. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. (A Geologist or Geotechnical Engineer is best suited to provide information on these conditions.) 11. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. (An insurance agent is best suited to provide information on these conditions.) 12. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. (Such information is available from appropriate governmental agencies and private information providers. Brokers are not qualified to review or interpret any such information.) 13. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants; and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. (Government agencies can provide information about these restrictions and other requirements.) 14. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self-latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. Compliance requirements differ from city to city and county to county. Unless specifically agreed, the Property may not be in compliance with these requirements. (Local government agencies can provide information about these restrictions and other requirements.) 15. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed-wired, wireless Internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. By signing below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyer is encouraged to read it carefully. 03/11/2008 Buyer Signature Date Buyer Signature City Of Santa Ana Seller Signature Date Seller Signature Date THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. y~-- Published and Distributed by: SU?E ~~u '' • REAL ESTATE BUSINESS SERVICES, INC. _ • , a subsidiary of the California Association of REALTORS® Reviewed by Date EouµNwsiNc ' ' '`` ~ ~' """ 525 South Virgil Avenue, Los Angeles, California 90020 OPPORTUNITY BIA-A REVISED 10102 (PAGE 2 OF 2) BUYER'S INSPECTION ADVISORY (BIA-A PAGE 2 OF 2) 25D-13 25D-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENT TO PROVIDE CURBSIDE COLLECTION OF UNIVERAL WASTE AND APPROPRIATION ADJUSTMENT ACCEPTING GRANT FUNDS r, _ ~ CITY MANAGER RECOMMENDED ACTION 1. Authorize the City attached agreement $40,000 subject to Manager and City universal waste. 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 FILE NUMBER Manager and Clerk of the Council to execute the with Curbside Inc. in an amount not to exceed non-substantive changes approved by the City Attorney to provide curbside collection of 2. Approve an appropriation adjustment accepting $40,000 in grant funds from the County of Orange into the refuse collection fund (account no. 69-01-5363) and appropriating $40,000 to the refuse collection fund`s account for other contractual services (account no. 69-521- 6291) . DISCUSSION The County of Orange has allocated $1,000,000 countywide to promote local and regional waste diversion and recycling efforts. Santa Ana's allocation is $40,000. Applications were due in January and the City's application has been approved to provide curbside pickup of universal waste. Universal waste includes household batteries, florescent lamps, items containing mercury, and electrical and electronic devices. This waste is prohibited from being disposed of in landfills. The curbside collection program will be made available for two weeks, twice during the year or more frequently until the grant funds are expended. Residents will be notified of the pick-up dates and will be directed to call and make an appointment. It is anticipated that residents will gather their old products and properly dispose of their universal waste if this convenient method is offered. An agreement is recommended with Curbside Inc. to provide these collection services. Curbside Inc. has previously provided household hazardous waste collection for Santa Ana residents and is currently operating the City's battery recycling program. 25E-1 Agreement to Provide Universal Waste and March 3, 2008 Page 2 Curbside Collection of Appropriation Adjustment ENVIRONMENTAL IMPACT This collection program is expected to increase the proper disposal of universal waste, thus reducing the disposal of waste in the County landfills. FISCAL IMPACT Funds to pay for the universal collection program will be provided by a grant from the County of Orange. An appropriation adjustment is required to accept $40,000 in grant funds into the refuse collection fund (account no. 69-O1-5393) and appropriating $40,000 into the refuse collection fund's account for other contractual services (account no. 69-521-6291). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency /,,.i 25E-2 AGREEMENT TO PROVIDE RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS AGREEMENT, made and entered into this 7`" day of April, 2008 by and between Curbside Inc., a California Corporation (hereinafter "Contractor"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of universal waste collection. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in the battery recycling field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide residential universal waste collection for residents of Santa Ana as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $65.00 per stop. The total sum to be expended under this Agreement shall not exceed $40,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of available funds, unless terminated earlier in accordance with Section 12, below. 25E-3 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 25E-4 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 25E-5 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 and city Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Curbside Inc, 1160 N. Armando Anaheim, CA 92806 Attn: William Anderson, President A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes 25E-6 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25E-7 15. LICENSES AND CERTIFICATIONS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney CURBSIDE, INC. WILLIAM ANDERSON President Tax ID# 25E-8 EXHIBIT A Residential Universal Waste Collection During the collection period agreed between Curbside and the City, Curbside will collect universal waste from any home in the City of Santa Ana for a fee of $65 per stop. Residents may call Curbside's toll free number to schedule a collection during the agreed period. The following items maybe included for collection: • Electrical or electronic items (including televisions, stereos, computers, printers, cell phones and microwaves) • Household batteries • Automotive batteries • Mercury thermometers, switches • Fluorescent and compact fluorescent bulbs Residents leave materials on their door step or near their garage on the collection date. Assistance will be provided to disabled. A receipt will be left for all materials collected per stop. • Electronics and lighting tubes bulbs will be processed at a State of California certified recycling facility with full documentation • Automotive batteries will be shipped for domestic recycling • Household batteries will be recycled at Imetco in Pennsylvania • Mercury devices will be shipped for recycling to one or more EPA approved mercury recycler(s). Curbside will provide advice and design layout for public education/advertising materials. Curbside will monthly provide to City an invoice detailing collection services, with a copy of the collection receipt left at each household. Curbside will also provide a monthly and year-to-date recap of expenses. Collection periods will be jointly determined and will be based on public participation and available grant monies. 25E-9 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25E-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AMENDMENT TO AGREEMENT WITH LORRIE BOLDRICK TO PROVIDE VETERINARY SERVICES FOR THE ANA ZOO AT PRENTICE PARK CLERK OF COUNCIL USE ONLY: APPROVED DR . ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading SANTA ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Dr. Lorrie Boldrick for the provision of veterinary services at the Santa Ana Zoo at Prentice Park in the amount of $68,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture to provide veterinary services for the collection of animals maintained at the Zoo. Dr. Lorrie Boldrick will provide a comprehensive program of preventative and curative medical care for the entire Zoo collection, including the exotic animals. Dr. Boldrick will visit Zoo facilities a minimum of 12 hours per week to examine the animals' health and sanitation, and assist with maintaining complete medical history records for each animal in the animal collection. Dr. Boldrick has over 20 years of zoo experience with exotic animal veterinarian medicine. The availability of veterinarians in the area who are able to contract with the Santa Ana Zoo and have a broad range of experience with exotic animals is limited. Dr. Boldrick has performed satisfactorily during the previous term and it is recommended the agreement be extended for an additional one-year period. 25F-1 Agreement Amendment for Veterinary Services at the Santa Ana Zoo at Prentice Park April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Santa Ana Zoo at Prentice Park, Other Contractual Services expenditure account (account no. 11-247-6291). Gerardo Mouet, ' Executive Dire for Parks, Recreat'on and Community Services Agency Approved as to Funds and Account: rancisco utie rez, ~/ xecutive Director b Finance and Management Services Agency 25F-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 26, 2008, by and between LORRIE BOLDRICK, DVM, an individual (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2007-081, dated Apri12, 2007; and Agreement A-2007-081-1 dated September 20, 2007 (hereinafter "said Agreement") by which Contractor has provided veterinary services for the Santa Ana Zoo at Prentice Park. B. In accordance with the terms and conditions of said Agreements, the parties wish to renew said Agreement for an additional one year period. 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 Second Amendment Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall provide veterinary services to the Santa Ana Zoo at Prentice Park as set forth in Exhibit A-1, attached to this Second Amendment and incorporated by reference. 2. Section 2.a, COMPENSATION, shall be amended to increase compensation by $68,000.00 to pay for services during the extended term of the Agreement, from April 1, 2008 through March 31, 2009. 3. Section 3, TERM, shall be amended to extend the termination date to March 31, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // 25F-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR LORRIE BOLDRICK, DVM 25F-4 EXHIBIT A-1 SCOPE OF SERVICES CONTRACTOR'S OBLIGATIONS CONTRACTOR agrees to render veterinary services to CITY at the Santa Ana Zoo at Prentice Park and in her home practice/place of business on a continuing basis for the duration of this Agreement, including, but not limited to the following: A. Serve as a medical officer for the Zoo facilities and collection. B. Serve as caretaker of drugs, narcotics, and pharmaceutical equipment. CONTRACTOR also will administer or supervise the administration of narcotics, pharmaceuticals, and pharmaceutical equipment to the animals in the Zoo collection. C. Provide a comprehensive program of preventative and curative medical care for the designated animal collection. D. Consult with appropriate zoological and/or human experts and Zoo staff to make recommendations regarding the nutritional and medical needs of the collection. E. Visit the Zoo facilities and examine the animal's health and sanitation on average 12 hours per week. F. Provide a veterinary technician for 8 hours a week to assist with procedures. G. Assist the Zoo Curator /Registrar in establishing and maintaining complete medical history records for each animal in the collection. H. Approve the detailed report of medical treatment administered and other services performed at each visit as prepared by Zoo staff (or by the veterinarian) and sign the zoo vet visit log for the Zoo files. Exercise her best professional judgment and practice and make her best efforts to maintain the animals and facilities and advise Zoo staff on maintenance of same so as to insure the best living conditions possible for the collection. Provide telephone consultation, advice and instructions of prescriptions on a reasonably unlimited basis, either with staff or other veterinarians employed by CITY. K. Provide a "Consulting/Attending Veterinarian" signature for necessary and required certificates, licenses or permits. L. Advise on ordering medicine, supplies, instruments and medical equipment. M. Obtain at her cost, medical malpractice insurance. 25F-5 II CITY OBLIGATIONS In order to assist CONTRACTOR in execution of her responsibilities under this agreement and to enhance the care of the animals in the collection, the CITY agrees to do the following: A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics. B. Maintain a facility for the use in the surgery and/or treatment of the collection with recovery and holding cages and related equipment, as necessary, at the zoo. C. Provide CONTRACTOR with staff support from Zoo personnel. D. Purchase equipment, biological, drugs, narcotics, pharmaceuticals and/or other medical supplies upon request of CONTRACTOR. E. Provide staff assistance for the capture and treatment of animals. F. Provide staff treatment of specimens on telephone or written instructions from CONTRACTOR. G. Provide additional veterinarians, where advisable for emergencies and for these services. H. Maintain diagnostic or treatment notes filed in our records by backup veterinarians we may employ, for the CONTRACTOR'S review or use. I. Pay for all outside laboratory expenses incurred as a result of CONTRACTOR'S supervision of animals in the collection. J. Pay all other expenses necessary for the care of the collection when recommended by CONTRACTOR and approved by the Executive Director of the Parks, Recreation and Community Services Agency or his designated representative. III. COMPENSATION Contractor agrees to perform the professional services as set forth herein and City agrees to pay Contractor for all such services at the rate of $65,000 per year, for 12 hours per week at the zoo. Emergency zoo visits at no additional charge. The total contract amount shall not exceed $68,000.00, which includes a $3,000 contingency for materials, supplies and laboratory fees incurred by Contractor to treat zoo specimens. 25F-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR THE FLOWER STREET BIKE TRAIL EXTENSION PROJECT ~~, ~.~ ~ CI 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 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the State of California Department of Transportation for the Flower Street Bike Trail Extension Project in the amount of $1,000,000, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $1,000,000 in the Caltrans - Bicycle Transportation Account (BTA) revenue account (no. 161-O1-5372) and appropriate same in the Caltrans - Bicycle Transportation Account (BTA) expenditure account (no. 161-272-6631) for the Flower Street Bike Trail Extension Project. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $1,000,000 Bicycle Transportation Account Project grant from the State of California Department of Transportation for the Flower Street Bike Trail Extension Project. The project consists of the installation of a 10-foot wide bike trail, landscaping, and supporting irrigation along one mile of the flood channel, which runs parallel to Flower Street. The Flower Street Bike Trail Extension Project will provide a much-needed gap closure between the Alton Street Bike Trail and the Sunflower Avenue Bike Trail, thus linking the Golden Loop Bike Trail System which encircles Santa Ana with the City of Costa Mesa's bike trail system. ENVIRONMENTAL IMPACT Environmental Review No. 2006-197 has been completed and a Categorical Exemption has been filed for the project pursuant to the California Environmental Quality Act. 25G-1 Flower Street Bike Trail Extension Project Agreement and Appropriation Adjustment April 7, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Caltrans - Bicycle Transportation Account (BTA) revenue account (no. 161-01-5372) and expenditure account (no. 161-272-6631) by $1,000,000. APPROVED AS TO FUNDS AND ACCOUNT: ,~. ~ Gerardo Mouet ' Executive Dir ctor Parks, Recrea ion and Community Services Agency ~F ancisco G tier z, `~ Executive Director Finance and Management Services Agency 25G-2 LOCAL AGENCY -STATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT 12 City of Santa Ana Agreement No. . BTA 07/08-12-ORA-07 District Local Agency THIS AGREEMENT, made in duplicate entered into effect as of this 1st day of July 2007, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter refereed to as "PROJECT"; and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE I -Project Administration 1. This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT. within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. . 25G-3 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide a fizll-time employee to be in responsible charge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 1 l . LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed. on public works aspects of any project (as defined in California Labor Code §1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGNECY. 2 25G-4 ARTICLE II -Rights of Way 1. No contract for the construction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way aze available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 72b0-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition andlor the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being cieaz as certified, or if said right of way is found to contain hazazdous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. 25G-5 4. If PROJECT is not on STATE-owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is pemutted and the California Manual on Uniform Traffic Control Devices that describes the uniform standazds and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE-owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standazds of the STATE Project Development Procedures Manual, Highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE III -Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract awazd for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 4 25G-6 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act. ARTICLE IV -Maintenance and Management 1. LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements. aze executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staffmay be employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regulaz intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V -Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal yeaz in which STATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. 25G-7 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request for the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2010. STATE shall pay to LOCAL AGENCY the STATE FUNDS shaze of the actual cost of the PROJECT prior to June 30, 2010, the expiration date of STATE FCTNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All costs chazged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summazy of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs akeady incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the final invoice. 11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items~ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 25G-8 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for three (3) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL AGENCY and approved by the California Department of Finance in accordance with Government Code Section 1b304. 14. The estimated costs of PROJECT aze shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds aze available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT aze less than said estimate by reason of low bid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. l6. Exhibit C defined as the "Certification of State Funding" template, shall be made apart of, and completed by STATE, prior to execution of this agreement. 17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI -Audits, Third Party Contracting, Records Retention and Reports 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require, its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY' S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited 7 25G-9 to, the costs of administering those various contracts. All of the above-referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs aze incurred and paid for by the subcontractors. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre-award requirements of third-party contractor/consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VII -Miscellaneous Provisions 1. LOCAL AGENCY agrees to use all PORJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with .Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, . conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 8 25G-10 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established conunerciai or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) yeaz period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Boazd. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMENT. 11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The 9 25G-11 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by Contract Otricer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date-upon which such termination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to attempt to resolve any dispute. If STATE terminates funding for PROJECT with 10 25G-12 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMNT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA LOCAL AGENCY Department of Transportation City of Santa Ana By: ~ ~~ e_ By: z~c~ KEN McGU1RE, Chief Bicycle Facilities Unit Division of Local Assistance Name: Gerardo Mouet Title: Executive Director -Parks & Rec. Date: /~ ~~~~ Date: 11 25G-13 1/7/08 EXHIBIT A PIL~JECT I)E$Ct'IQN AND COSTS Local Agency: Agreement No. City of Santa Ana BTA 07/08-12-0RA-07 Project Location: Along an Orange County Flood Control District facility parallel to South Flower Street from Sunflower Avenue to West Alton Avenue. ' Type of Work: Construct a Class I bikewa . Len : 1.0 miles Funding Engineering/ Right of Way Construction Total Cost Perce~ Source Desi Ac aisition Contract BTA $20,000 $0 $980,000 $1,000,000 89.93% Local $112,000 $0 $0 $112,000 10.07% Other $0 $0 $0 $0 Total $132,000 $0 $980,000 $1,112,000 100.00% 25G-14 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recnutment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, §7285.0, et seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and detemuned that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section 25G-15 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAL AGENCY and by the surety under the performance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. 2 25G-16 EXHIBIT C 25G-17 25G-18 REQ~JEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: LEGAL CASE MANAGEMENT SYSTEM AGREEMENT WITH THOMSON ELITE r,.. _~.:_ _. ~~ 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement with Thomson Elite for legal case management software and maintenance in an amount not to exceed $50,000 subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The City Attorney's Office currently provides all legal services for the City including litigation, advisory, and municipal code prosecution. The Attorney's Office is in need of a new specialized program to track and monitor lawsuits, manage and track request for legal services, provide a file management structure, and provide a central bank of information for the City Attorney and their work product. One of the fundamental needs is for a system that supports the unique public sector law practiced and technological advancements that the legal environment requires. The current software system is approximately 10 years old and is failing to meet the technological needs. The City Attorney's Office evaluated legal software systems from five legal software vendors. After reviewing the systems through demonstrations and trials, contacting current users, and comparing system capabilities, only one closely matched the necessary requirements. ProLaw Front Office by Thompson Elite was found to be the most effective system while also being cost effective. 25H-1 Legal Case Management Agreement with Thomson Elite April 7, 2008 Page 2 ProLaw is designed specifically for use in a government law office and organizes many legal tools in one centralized area on a computer desktop. Attorneys can see client and opposing counsel information, calendars, pleadings, discovery, and time-entry information. The system allows the user to analyze matters, dockets, and more. In addition, ProLaw is more cost effective to maintain than the current system and will provide the City Attorney's Office with a cost savings of 30% in case management maintenance annually. ProLaw is flexible and integrates with all of the most popular products in legal technology including Microsoft Word, Outlook, document management programs, and legal calendaring systems. Years of continued development and enhancement have resulted in ProLaw systems that uniquely address public agency needs and priorities. The agreement will provide for custom installation, on-site training, support and enhancements for all installed systems. The use of ProLaw is expected to improve the efficiency of the City Attorney's Office and improve the responsiveness to inquiries by claimants, departments and City Council. FISCAL IMPACT Funds are budgeted and available in the City Attorney's Other Contractual Services account (no. 11-031-6291) and Software account (no. 11-031- 6661) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~Francisco Gutierrez Executive Director Finance & Management Services Agency 25H-2 THOMSON ___~~_._ ELITE Customer Agreement This CUSTOMER AGREEMENT (the "Agreement") is entered into between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California with a place of business at 20 Civic Center Plaza (M-29), P.O. Box 1988, Santa Ana, CA 92702 ("Customer"), and Thomson Elite, a division of West Publishing Corporation ("Thomson Elite"), this 7~" day of April, 2008 (the "Effective Date"). The attached Addenda and Exhibits are incorporated into this Agreement as if fully set forth herein. 1. Software License 1.1. Grant. Upon the payment of the license fees set forth herein, Thomson Elite grants Customer anon-exclusive, non- transferable, limited license to use, and to allow its partners, shareholders, members and employees to use, the software listed in Exhibit A hereto, in object code only (the "Licensed Software") for the number of Seats identified in Exhibit A. In the event Customer elects to license Westlaw Legal Calendaring Rules from Thomson Elite hereunder, Thomson Elite further grants to Customer a non- exclusive, non-transferable, limited license to use, and to allow its partners, shareholders, members and employees to use, on a year- to-year basis (an "Annual Subscription") beginning on Installation (as defined in Section 7.1 of the Statement of Work), the Westlaw Legal Calendaring Rules set forth in Exhibit A (the "Westlaw Legal Calendaring Rules"), contingent upon the payment of the Annual Subscription Fee set forth in Exhibit A, which fee Thomson Elite may increase for subsequent years upon written notice, for the number of Seats identified in Exhibit A. Such Annual Subscription shall automatically renew for successive one year terms, unless terminated by either party by giving the other party sixty (60) days written notice prior to the end of the existing term. The Licensed Software and the Westlaw Legal Calendaring Rules, if licensed hereunder, are hereinafter collectively referred to as the "Software." Any Software User Manuals, modifications or alterations to the Software or other related materials provided hereunder shall be deemed incorporated into the Software for the purposes of the provisions of this Agreement regarding license, restrictions on use, confidentiality and infringement indemnification. A "Seat" is defined as an active log-in to the Software. Access to the Software may be made from any workstation connected to the network, including remote workstations, and such Seat license may have more than one copy to allow flexible use from different workstations. 1.2. Copying. Customer may make copies of the Software for backup purposes only. Each copy made by Customer must include the copyrightlproprietary rights notice(s) embedded in and affixed to the Software. 1.3. Other Restrictions. Customer may not loan, lease, distribute or transfer the Software or copies thereof to third parties, nor reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Software. Customer may not use the Software, nor allow the Software to be used, to provide data management or processing services for third parties. Customer is limited to the number of Seats set forth in Exhibit A. Customer may not reproduce all or any portion of the Software (except as expressly permitted in this Agreement), or modify, translate or otherwise create derivative works of the Software. Customer agrees to notify its employees and agents who may have access to the Software of the restrictions contained in this Agreement and to ensure their compliance with these restrictions. 2. Other Licenses. The Software may be used to access and use various West Publishing Corporation products and services, including Westlaw ("West Services"). All access to and use of such West Services by means of the Software, including any charges for such access and use, will be governed by the terms of the applicable West Publishing Corporation user agreement. 3. Title. Customer hereby acknowledges and agrees that all right, title and interest in and to the Software, the Software User Manual and any other related materials, including without limitation any copies, modifications, alterations or derivative works thereof, and any existing or future copyrights, trade secrets and other proprietary rights embodied therein, are or shall be, and shall remain, vested solely in Thomson Elite, and Customer shall not hold itself out as having any ownership or other rights with respect thereto, except as specifically granted hereunder. Except as expressly permitted herein, Customer covenants and agrees that it shall make no use of the Software, the Software User Manual or any other related materials without Thomson Elite's prior written consent. 4. Fees and Expenses. 4.1 Fees payable by Customer will consist of license fees for the Licensed Software ("License Fees"), the Annual Subscription Fee for the Westlaw Legal Calendaring Rules, if any, fees for Services ("Services Fees") and the Annual Maintenance Charge. 4.2 License Fees and Annual Subscription Fees. The License Fees and Annual Subscription Fee, if any, for the first year are set out in Exhibit A and shall be payable in accordance with Exhibit A. For subsequent terms, the Annual Subscription Fee, if any, shall be payable annually in advance. Thomson Elite reserves the right to increase the Annual Subscription Fee for subsequent terms and shall give Customer advance notice of such increases. The License Fees and the Annual Subscription Fee, if any, set forth in Exhibit A were based upon the number of professionals set forth in Exhibit A. If the Customer's number of professionals increases above the limit set forth in Exhibit A, Customer will be required to pay additional License Fees and an increased Annual Subscription Fee, if applicable, to use the Software. 4.3 Services Fees. The implementation, consulting, training, conversion, enhancement and other services to be provided to Customer by Thomson Elite hereunder are set forth in Exhibit A or any applicable amendment thereto (collectively, the "Services"). Such Services shall be provided in accordance with the Services Addendum attached hereto as Exhibit B. The Services Fees are set out and shall be payable in accordance with Exhibit A or any applicable amendment thereto. 4.4 Maintenance Charges. Thomson Elite will provide maintenance and support services for the Licensed Software in accordance with the Maintenance Addendum set out in Exhibit C hereto ("Maintenance Services"), for the Annual Maintenance Charge. Maintenance Services for the Westlaw Legal Calendaring Rules are included in the Annual Subscription Fee and shall be provided in accordance with the Maintenance Addendum. Maintenance Services for the Software shall commence upon Installation (as defined in Section 6.1 of the Statement of Work). The Ver. 7 Feb 2008 Page 1 of 17 THOMSON .., ELITE Annual Maintenance Charge for Maintenance Services in respect of the Licensed Software for the first year is set forth in Exhibit A and shall be payable as set forth in Exhibit A. Maintenance Services for the Licensed Software shall automatically renew for successive one year terms, unless terminated by either party by giving the other party thirty (30) days written notice prior to the end of the existing term. For subsequent terms the Annual Maintenance Charge shall be payable annually in advance. Thomson Elite reserves the right to increase the Annual Maintenance Charge for subsequent terms and shall give Customer advance notice of such increases. 4.5 Taxes. Thomson Elite fees are exclusive of sales, use, ad valorem, personal property and other taxes, which are the sole responsibility of Customer. 4.6 Expenses. All reimbursable costs consisting of but not limited to reasonable travel, accommodation and related incidental expenses incurred in providing the Services are the responsibility of Customer and shall be payable upon receipt of invoice from Thomson Elite. 4.7 Invoices and Payment. Customer will pay all invoices in full within 30 days from the date of invoice, subject to City accounting procedures. If full payment is not made, Customer may be charged up to the maximum legal interest on any unpaid balance. Thomson Elite may withhold and/or delay delivery of software or services, including without limitation Maintenance Services, if Customer fails to comply with this Section 4. Invoices are to be addressed to: Indhira Gagnon City Attorney Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 5. Confidentiallnformation. 5.1 Thomson Elite acknowledges in the course of providing services at Customer's site(s) that Thomson Elite may have access to Customer's client list, information belonging to or pertaining to Customer's clients, Customer's billing information and practices and financial records that constitute Customer's confidential information ("Customer Confidential Information"). Thomson Elite will take reasonable steps to ensure that the Customer Confidential Information is not used or disclosed except as expressly permitted by this Agreement. Thomson Elite will not permit any third party access to, in any manner, the Customer Confidential Information, except as provided in this Agreement. Customer Confidential Information shall not include information that consists of ideas, concepts, know-how or techniques relating to the enhancement, customization, Installation or implementation of the Software. 5.2 Customer acknowledges and agrees that the Software constitutes a valuable proprietary product of Thomson Elite and that the Software, together with the terms of this Agreement, shall be referred to as the "Thomson Elite Confidential Information." Customer will take reasonable steps to ensure that the Thomson Elite Confidential Information is not used or disclosed except as expressly permitted by this Agreement. Customer will not permit any third party access to, in any manner, the Thomson Elite Confidential Information, except as provided in this Agreement. 6. WARRANTIES, REMEDIES AND LIMITATION OF LIABILITY. 6.1 Warranty. Thomson Elite warrants that for the period ending ninety (90) days after Live Operation (the "Warranty Period") the Licensed Software will substantially conform to the Software User Manual. "Live Operation" shall mean the first date when Customer commences production use of any of the Licensed Software in accordance with the Statement of Work. Thomson Elite does not warrant the results produced by Westlaw Legal Calendaring Rules. It is Customer's responsibility to check the results of the Westlaw Legal Calendaring Rules date calculations against the actual court rules. 6.2 Thomson Elite will not be responsible to the extent that the Licensed Software fails to perform as warranted due to one or more of the following (collectively the "Excluded Items"): (1) the malfunction of software not provided by Thomson Elite, (2) the malfunction of hardware, (3) Customer's negligence or fault, (4) Customer's failure to follow the instructions set forth in the Software User Manual, (4) material changes in the operating environment not authorized by Thomson Elite, (6) modifications to or changes in the Software not made or suggested by Thomson Elite or (7) Customer's failure to implement and maintain a proper and adequate backup and recovery system for the Thomson Elite database or user files. If Thomson Elite discovers that a failure is caused by one or more Excluded Items, Thomson Elite reserves the right to charge Customer for its work in investigating such failure. At Customer's request and at a fee to be agreed upon, Thomson Elite will thereafter assist Customer in resolving such failure. It is Customer's responsibility to develop and implement a proper and adequate backup and recovery system. THE LIMITED WARRANTIES IN SECTIONS 6.1 AND 7.1, AND IN SECTION 3 OF THE SERVICES ADDENDUM, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. THOMSON ELITE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED T0, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Thomson Elite does not warrant the level of performance of the Software or that earlier versions superseded by new versions (whether or not distributed to Customer) will continue to be capable of access to and use with West Publishing Corporation services. 6.3 Remedies. Customer shall have the following remedies: 6.3.1 Termination for Breach. In the event that Thomson Elite materially breaches any of its obligations under this Agreement prior to or during the Warranty Period, including breach of a warranty or warranties provided herein, Customer may terminate this Agreement as provided in this Section 6.3.1. No termination shall occur unless Thomson Elite has been given written notice of the breach and fails to cure the breach, or to submit, to Customer's reasonable satisfaction, a plan for cure, within thirty days of receipt of Ver. 7 Feb 2008 Page 2 of 17 THOMSON ... ELITE notice. Upon such termination, Thomson Elite shall provide a refund as provided in Section 6.3.2. 6.3.2 Refund Upon Termination. Upon termination by Customer pursuant to this Section 6.3, Thomson Elite will refund to Customer all License Fees, the Annual Subscription Fee, if any, and the pro rata portion of any prepaid Annual Maintenance Charges received by Thomson Elite as of the date of termination upon return of the Software. IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF ANY SERVICES FEES OR EXPENSES. If, as a result of such claim, Customer or Thomson Elite is permanently enjoined from using the Licensed Software by a final, non-appealable decree from a court of competent jurisdiction, Thomson Elite will take one or both of the actions set forth in (i) and (ii) above or will obtain for Customer at Thomson Elite's expense the right to continue to use the Licensed Software, If none of these options can be accomplished in a reasonable time or are not commercially reasonable, Thomson Elite will refund to Customer the License Fee paid as amortized over a 60 month period from the Effective Date upon return of the Licensed Software. 6.4 Exclusive Remedies. The remedies in Sections 6.3 and 7.1 (and if attached hereto, in the Services Addendum and/or the Maintenance Addendum) are Customer's exclusive remedies and are in lieu of all other legal or equitable remedies and all liabilities or obligations on the part of Thomson Elite for damages (except for bodily injury) arising out of, relating to, or in connection with this Agreement, including, but not limited to, the licensing, delivery, Installation, use or performance of the Software or the integration of the Software with other software or hardware. 6.5 Limitation of Liability. In no event shall Thomson Elite's, or its officers', employees', suppliers', directors', parent's, affiliates' or subsidiaries,' liability to Customer arising out of or related to this Agreement, or the licensing, delivery, use or performance of the Software or services provided under this Agreement or any breach of this Agreement, whether based on an action or claim in contract or tort, including negligence, strict liability or warranty, except liability for bodily injury: (i) from the Effective Date through the end of the Warranty Period, exceed the License Fees, Annual Subscription Fee, if any, and the pro rata portion of any prepaid Annual Maintenance Charges received by Thomson Elite hereunder; (ii) after the Warranty Period, exceed the sum of the Annual Subscription Fee, if any, and the Annual Maintenance Charge for the year in which the claim arises; and (iii) under any amendment to this Agreement, exceed the amount payable by Customer pursuant to such amendment. In no event will Thomson Elite be liable for any lost profits or other damages, including indirect, incidental, exemplary, special or consequential damages arising out of this Agreement or the use of the Software licensed hereunder, even if Thomson Elite has been advised of the possibility of such damages. 7. Indemnification. 7.1 Infringement Claims. Thomson Elite represents and warrants that it has sufficient right and interest to grant the rights herein. At its sole expense, Thomson Elite shall defend, indemnify and hold Customer harmless from copyright, trade secret and U.S. patent infringement claims based upon the Licensed Software in the form delivered by Thomson Elite, including paying any judgment, attorney fees, costs and expenses associated with such claim. 7.2 Without limiting its obligations under Section 7.1, in the event a claim of infringement or misappropriation is made against Thomson Elite or Customer with respect to the Licensed Software, Thomson Elite, for the purpose of settling such claim, may, at its option, in respect of such allegedly infringing Licensed Software: (i) substitute fully equivalent non-infringing software; or (ii) modify the Licensed Software so that it no longer infringes but remains functionally equivalent. Ver. 7 Feb 2008 7.3 Thomson Elite's obligation to indemnify Customer pursuant to this Section 7 is contingent upon Thomson Elite being given prompt notice and control of, and detailed information with regard to, any such claim, suit or proceeding. Customer shall have the right to participate at its own cost in the defense of any such claim or action through legal counsel of its choosing. Customer shall not settle any such claim or action without Thomson Elite's prior written consent. 7.4 This Section 7 contains the entire warranty by Thomson Elite and the exclusive remedies of Customer with regard to any claimed infringement arising out of or based upon the Licensed Software used by Customer. 8. Term and Termination. This Agreement will continue in effect until terminated as provided herein. Termination of Maintenance Services shall not automatically terminate this Agreement. Thomson Elite may terminate this Agreement upon giving thirty (30) days written notice of termination to Customer if Customer commits a material breach of this Agreement and fails to cure such breach during the notice period. Customer may terminate this Agreement for cause only as provided in Section 6 above. Upon termination of this Agreement for any reason, the license granted to Customer and all other rights granted to Customer under this Agreement shall immediately cease and Customer shall immediately return to Thomson Elite, or certify the destruction of, all copies of the Software and related Software User Manuals in Customer's possession. Customer may terminate the license to the Westlaw Legal Calendaring Rules, if any, by giving written notice prior to the end of the then current Annual Subscription term, and upon such termination, Customer shall immediately return to Thomson Elite, or certify the destruction of, all copies of the Westlaw Legal Calendaring Rules and related manuals and documentation in Customer's possession. 9. Limitation of Claims. Except for claims relating to the Software Fees or improper use of the Software, no claim, regardless of form, which in any way arises out of this Agreement, may be brought more than one year after the basis for the claim becomes known to the party desiring to assert it. 10. General Provisions. 10.1 Effect of Agreement. This Agreement (including the exhibits hereto) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Any amendment must be in writing and signed by both parties. Page3of17 THOMSON ,~-... ELITE 10.2 Force Majeure. Thomson Elite shall not be liable for any delay or failure in performing hereunder if caused by factors beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. 10.3 Notices. Except as otherwise provided herein, all notices must be in writing to Thomson Elite, c/o Thomson Elite, 5100 West Goldleaf Circle, Suite 100, Los Angeles, CA 90056, Attention: Contracts Administration, and to Customer at the address first set forth above. CITY OF SANTA ANA Signature NAME: DAVID N. REAM Title: City Manager Date ATTEST: 10.4 General Provisions. This Agreement will be governed by and construed under the law of the state of California, U.S.A. without regard to conflicts of law provisions. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Customer without Thomson Elite's prior written consent. Any attempt to assign or transfer in violation of this Section shall be null and void. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. 10.5 Export. The Software and its related Software User Manual may not be exported outside of the United States and Canada. PATRICIA E. HEALY, Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Bv: Laura Sheedy Assistant City Atomey THOMSON ELITE Signature Name (please print) _ Title 10.6 U.S. Government Restricted Rights. Use, duplication or Date disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer- Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Product clause in DFARS 252.227-7013, or in subdivision (c)(1) and (c)(2) of the Commercial Computer Product -Restricted Rights clause at 48 CFR 52.227-19, as applicable, and in similar clauses in the NASA FAR Supplement. 10.7 Survival. Sections 4.5, 5, 6, 7, 8, 9 and 10 shall survive any termination of this Agreement. CUSTOMER HEREBY CERTIFIES THAT THE PERSON SIGNING THIS AGREEMENT ON ITS BEHALF IS AUTHORIZED TO DO SO AND THAT CUSTOMER, ACTING THROUGH SUCH PERSON OR ITS OTHER AUTHORIZED REPRESENTATIVE(S), HAS CAREFULY READ AND AGREES WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITY PROVISIONS SET FORTH IN SECTION 6 AND THE PAYMENT PROVISIONS SET FORTH IN THE SOFTWARE AND FEES SCHEDULE ATTACHED HERETO AS EXHIBIT A. Ver. 7 Feb 2008 Page 4 of 17 THOMSON ~' ELITE EXHIBIT A-SOFTWARE AND FEES SCHEDULE The License Fees set forth in this Exhibit A are due and payable as follows: 100% upon delivery of Software (which is defined as the day Thomson Elite provides Customer with a functioning link enabling Customer to access the Software) The conversion (if bundled) Service Fees set forth in this Exhibit A are due and payable as follows: 50% upon delivery of Software (which is defined as the day Thomson Elite provides Customer with a functioning link enabling Customer to access the Software) 50% upon completion of Training and Conversion services The other Services Fees set forth in this Schedule shall be billed monthly as performed Annual Maintenance Charges for the first year and the Annual Subscription Fee, if any, for the first year shall be billed upon Software Installation. Should Customer delay their implementation of the additional Software beyond one (1) year of the Effective Date, Customer shall pay, at the end of such one (1) year period, the implementation service fees at Thomson Elite's then current service rate. 2 Service dates that are cancelled by Customer less than 10 business days prior to scheduling will be billed to the Customer at 50% of Thomson Elite's costs. In addition, any non-refundable travel expenses will be charged to Customer. Ver. 7 Feb 2008 Page 5 of 17 LVI 1-/ THOMSON ,~-.,. ELITE Exhibit A (Cont'd.) CITY OF SANTA ANA January 16, 2008 Thomson Elite Confidential Information SOFTWARE Application Software 20 Seat License $15,560 $ 3,112 ProLaw Enterprise Front Office: 20 $778 $15,560 $3,112 Case Management Conflicts Contact Management Docketing Document Assembly Document Management Drag & Drop Customization iManage/Docs/Worldox Integration Marketing OutlooWGroupWise Integration ProLaw On-Line ProLaw Portal Records Management Relationship Management Report Writer Task Management Time Entry SOFTWARE TOTAL $15,560 $ 3,112 Ver. 7 Feb 2008 Page 6 of 17 THOMSON -~~-.., ELITE SERVICES ImplementationlTraininglConsulting Services2~3 Hours $ 26,250 Software Installation 3 $150.00 $450 Front Office Administration Training/Scoping 32 150.00 4,800 Includes 3 days on site and 8 hours producing a Scoping Summary Document) Project Management 40 150.00 6,000 Front Office Consulting and Screen Design 60 150.00 9,000 Front Office Training 40 150.00 6,000 SERVICES TOTAL Days - $ 26,250 TOTAL • Without Hardware $ 41,810 Less 10% Government Incentive ($ 4,181) GRAND TOTAL -Without Hardware $ 37,629 $ 3,112 Ver. 7 Feb 2008 Page 7 of 17 LVI 1-~/ THOMSON ~ _ , . ELITE OPTIONAL SOFTWARE 1 SERVICES e Data Conversion Services Conversion - by bid Database Software Microsoff SQL Server Standard Runtime Editior>a Clienf Access License 20 $72.00 $1,440 Annual Upgrade Coverage 20 14.40 $ 288 OR Server Licensing -Per CPU 20 2,110.00 42,200 Annual Upgrade Coverage 20 422.00 8,440 Microsoff SQL Serverlnstallation 2 $150.00 $ 300 Ver. 7 Feb 2008 Page 8 of 17 ~v^ ^ ^ v THOMSON ~. ELITE Thomson Elite pricing is valid for 90 days. Pricing does not include applicable taxes. Applicable taxes are the responsibility of Customer. SQL Server Database software is required. Pricing for the software and upgrade coverage is listed under Optional Software in this quote. Thomson Elite reserves the right to increase the Annual Maintenance charge for subsequent terms and shall give Customer advance notice of such increases; provided, however, that the increases for the first three consecutive terms following the initial maintenance term shall not be more than 5% over the previous year's annual Maintenance charge or the percentage increase in the Consumer Price Index (CPI) from the previous year, whichever is greater. SOFTWARE NOTES: 1 Outlook integration requires Exchange. Bi-directional Outlook integration requires Exchange 2000. ProLaw Enterprise and Exchange can be run on the same server, if properly sized, when using Microsoft Small Business Server in small customers. SERVICES NOTES: This price quote is based on a single implementation. Multiple implementation phases are available for an additional charge. 2 Based on a time and materials basis. 3 Pricing does not include travel and related expenses. Thomson Elite does not charge for travel time. OPTIONAL SOFTWARE 1 SERVICES NOTES: 4 Pricing for the SQL Server software is for an embedded runtime license only which means it may be used only with Thomson Elite applications or applications provided by Thomson Elite. The annual maintenance fee quoted includes upgrade coverage only. SOFTWARE ACCESS NOTES: Gatekeeper (SecureLink VSN (Virtual Support Network)) (hereinafter "Gatekeeper"), which is developed and supported by Enexity, Inc. ("Enexity"), is Thomson Elite's exclusive method for connecting to Customer (for the provision of any services, including Maintenance Services), except as otherwise provided below. Gatekeeper is provided to Customer by Enexity under license. Enexity is solely responsible for Gatekeeper. THOMSON ELITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GATEKEEPER. ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED T0, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Should Customer opt not to install Gatekeeper, Customer will pay an additional annual fee equal to fifteen percent (15%) of its Annual Maintenance Charge to cover Thomson Elite's costs of connection by a method other than Gatekeeper. If Thomson Elite is unable to use Gatekeeper due to circumstances beyond its control, or if the Customer has installed but is unable to use Gatekeeper due to circumstances beyond its control, Thomson Elite will connect to Customer's Thomson Elite Software using WebEx or a similar tool at no charge to Customer. Ver. 7 Feb 2008 Page 9 of 17 THOMSON ~__ m ELITE Recommended Server Configuration CITY OF SANTA ANA January 16, 2008 Thomson Elite Confidential Information The following guidelines for Customer's ProLaw Enterprise System are designed to handle up to 20 licenses and derived from the policies defined in the Thomson Elite Product System Requirements (PSR) document. The PSR provides greater detail regarding the requirements to properly size and configure the hardware for your ProLaw Enterprise System. Therefore, we strongly recommend that Customer obtain the PSR - it will be provided upon request. ProLaw Enterprise Monolithic DatabaselApplication Server Configuration Drive capacity and overall volume size for RAID sets will depend on individual customer storage space requirements and anticipated growth. The minimum recommended free space for basic installation is 10-20GB. • ~• •• ~ •~ • - • Pentium 4 or com atible 3.0 GHz with One Processor Pentium D or com atible 3.0+ GHz with Two Processors - • 1.2+68 1.5+66 . • ~ 10GB 20GB - • .• - • .•- CD-ROM Drive CD-ROM Drive • -• SVGA 800 x 600 XGA 1024 x 768 - • Fast Ethernet 100 Mbit Gi abit Ethernet 1000 Mbit • •- , . Windows 2000/2003 Server Windows 2000/2003 Server • Microsoft SQL Server Standard Microsoft SQL Server Standard - • - ~ - Re uired for Im lementation and Su ort Re uired for Im lementation and Su ort • • • Any of: Redundant fans Any one of: Surge Suppressor Uninterruptible Power Supply Any one of: Customer selected tape drive Any one of: Customer selected backu software The above listed guidelines are based upon similar sized customers. Additional hardware (i.e., processors, RAM, disk, etc.) may be needed depending upon the number of concurrent users, the mix of users, and the amount of redundancy required on the system. Ver. 7 Feb 2008 Page 10 of 17 THOMSON .., ELITE ProLaw Enterprise Dedicated IIS Portal Server (if implemented) A server hosting Microsoft's Internet Information Services web server (which is an included component of Windows 2000/2003 Servers and Windows XP) is required for the ProLaw Portal implementation. The above listed guidelines are based upon similar sized customers. Additional hardware (i.e., processors, RAM, disk, etc.) may be needed depending upon the number of concurrent users, the mix of users, and the amount of redundancy required on the system. ProLaw Enterprise Client -Normal User Normal Users are typical ProLaw System users who input and perform simple lookups of data, but do not run sophisticated reports or perform more intensive accounting for financial activities. Ver. 7 Feb 2008 Page 11 of 17 ~• •~ •~ • • - • Pentium Ill or com atible, 1.4 GHz with One Processor Pentium 4 or com atible, 3.0 GHz with One Processor - • 512MB 768M6 . • ~ 5+GB 10+GB - • ,• - • ,•- DVD-ROM Drive DVD-ROM Drive • - • SVGA 800 x 600 XGA 1024 x 768 - • Fast Ethernet 100 Mbit Gi abit Ethernet 1000 Mbit • •- , • 2000/XP Workstation Windows 2000/2003 Server • • • Any of: Redundant fans Any one of: Surge Suppressor Uninterruptible Power Supply Any one of: Customer selected backu software a ent •. •~ •• • • - • One Intel Pentium III or com atible, 1 GHz One Intel Pentium 4 or com atible, 1.8 GHz or hi her - • 256M6 512MB . • ~ 300M6 free local disk 1GB free local disk - • ,• - • ,•- N/A N/A • -• Minimum SVGA 1024 x 768 Minimum SVGA 1024 x 768 - • Fast Ethernet 100 Mbit or hi her Fast Ethernet 100 Mbit or hi her • ~- - Mouse and Ke board Mouse and Ke board • • - , • Any one of: Any one of: Windows NT Workstations 4.0 Windows XP Professional Windows 2000 Professional Windows XP Home or Professional • • • Document Storage (if used): Document Storage (if used): Access to a common read/write network share (delete Access to a common read/write network share (delete rights rights optional) optional) Application Integration with one or more of: Application Integration with one or more of: Microsoft Word Microsoft Word Outlook Outlook THOMSON .,. ELITE ProLaw Enterprise Client • Power User Power Users, in addition to performing tasks a Normal User may undertake, may run sophisticated reports or perform more intensive accounting for financial activities, such as month end reports, reconciliations and/or billing runs. Ver. 7 Feb 2008 Page 12 of 17 ~. •~ ~ •• ' • - • One Intel Pentium 4 or com atible, 2 GHz One Intel Pentium 4 or com atible, 2 GHz or hi her - • 512MB 768MB . • ~ 500M6 free local disk 1G6 free local disk • • .• - • .•- NIA NIA •-• Minimum SVGA 1024 x 768 Minimum SVGA 1024 x 768 - • Fast Ethernet 100 Mbit or hi her Fast Ethernet 100 Mbit or hi her • ~- - Mouse and Ke board Mouse and Ke board ~ •- . • Any one of: Any one of: Windows NT Workstations 4,0 Windows XP Professional Windows 2000 Professional Windows XP Home or Professional • • • Document Storage (if used): Document Storage (if used): Access to a common read/write network share (delete Access to a common read/write network share (delete rights rights optional) optional) Application Integration with one or more of; Application Integration with one or more of: Microsoft Word Microsoft Word Outlook Outlook THOMSON --,~-.., ELITE EXHIBIT B -SERVICES ADDENDUM 1. Scope of Services Addendum. This Services Addendum ("Services Addendum") is part of the Customer Agreement between the parties ("Agreement") which is incorporated as if fully set forth herein. This Services Addendum shall apply to all services that are provided by Thomson Elite to Customer during the term of the Agreement including implementation, consulting, training, conversion and any other services provided by Thomson Elite to Customer, other than Maintenance Services. Capitalized terms not otherwise defined shall have the meanings set forth in the Agreement. 2. Services. 3. Warranties and Remedies. Thomson Elite warrants that it will provide the services set forth in any Statement of Work hereunder consistent with industry standards and in accordance with such Statement of Work, including any specifications contained in such Statement of Work. Customer's sole remedy for Thomson Elite's material breach of its obligations under a Statement of Work will be to have Thomson Elite reperform the defective services so that they conform to the warranties provided herein. If Thomson Elite is unable after a reasonable time to provide conforming services, and the services relate to the initial implementation of the Licensed Software, Customer may terminate the Agreement pursuant to Section 6.3 thereof if such defective services cause the Licensed Software to fail to conform to the warranties provided in the Agreement. 2.1 Statements of Work. Any services to be provided by Thomson Elite to Customer shall be set forth in a separate Statement of Work executed by the parties that will describe the work to be performed. Thomson Elite has no obligation to provide services (other than Maintenance Services), except as specifically set forth in a Statement of Work executed by the parties. 2.2 Customer Obligations. When Thomson Elite performs any services at Customer's facility, Customer shall be responsible for providing a safe and appropriate work space and access to all terminals, materials and related resources that may be reasonably required by Thomson Elite for timely performance of its obligations under this Services Addendum. Customer shall provide to Thomson Elite in a timely manner any information, assistance, review, feedback or approvals that are the responsibility of Customer. Ver. 7 Feb 2008 4. General Provisions. 4.1 Non-solicitation of Employees. Customer will not induce any employee of Thomson Elite to terminate his or her employment relationship with Thomson Elite. In addition, Customer agrees that it will not knowingly employ or offer employment to any employee of Thomson Elite who has performed any services related to the Agreement within one year of the provision of such services. 4.2 Survival. Section 4 of this Services Addendum shall survive any termination of this Services Addendum. Page 13 of 17 THOMSON ... ELITE EXHIBIT B (CONT'D.) STATEMENT OF WORK This Statement of Work is part of the Services Addendum between Thomson Elite and Customer ("Services Addendum"). 1. Definitions. fifteen (15) days after completion of the Planning Meeting and the parties shall work to finalize and sign the Project Plan within the following seven (7) days. The Project Plan may thereafter only be modified by a Change Order (defined below) or other written agreement signed by both parties. As used in this Statement of Work, the following terms shall have the meanings set forth below. Capitalized terms not otherwise defined shall have the meanings set forth in the Services Addendum or the Agreement. "Final Conversion" shall mean completion of the conversion of Customer's data as provided in the Project Plan. "Project Plan" shall mean the written plan, approved in writing by the parties, that includes the project charter, scope statement and project schedule that sets forth the scope, schedule and responsibilities of Thomson Elite and Customer for implementation of the Software, including Software Installation, and any data conversion, training or other services to be provided. "Planning Meeting" shall mean the meeting(s) between Thomson Elite and Customer to prepare the Project Plan. "Service Fees" shall mean the fees payable to Thomson Elite for implementation, consulting, training, conversion or other services provided under a Statement of Work pursuant to this Statement of Work. 2. Service Fees and Expenses. The Services Fees are due and payable as set forth in the Software and Fees Schedule attached to the Agreement or an amendment thereto and in accordance with Section 4 of the Agreement. Expenses shall be payable in accordance with Section 4 of the Agreement. 3. Project Managers. At or before the Planning Meeting, each party shall inform the other of the individual appointed to serve as its project manager ("Project Manager"). The Project Managers shall serve as the primary contact in regard to coordinating and supervising the implementation of the Software and conversion of the Customer's existing system, if any. Each party shall be responsible for ensuring that its Project Manager dedicates sufficient time to fulfill that party's respective obligation under this Statement of Work. Customer acknowledges that a change of Project Managers by Customer may result in delays in the implementation and necessitate an amendment to the Project Plan. 4. Project Plan and Change Requests. 4.1 Thomson Elite and Customer shall schedule the Planning Meeting at a time or times and location to be mutually agreed for purposes of developing the Project Plan. Thomson Elite shall present a draft Project Plan for Customer review and comment within Ver. 7 Feb 2008 4.2 Following execution of the Project Plan, Customer may submit requested changes to the Project Plan in writing to Thomson Elite. Thomson Elite shall respond to Customer's change request within twenty (20) days of receipt. Thomson Elite's response (the "Change Order") shall identify any changes to the Service Fees or expenses and any changes to the Project Plan (including any resulting delay charges) that would result from implementing the change, Customer may, in its discretion, accept the Change Order by signing the Change Order and returning it to Thomson Elite. Upon execution by Customer, the Change Order will amend the Project Plan, and, if applicable, the Software and Fees Schedule. If Customer rejects the Change Order, the Project Plan will remain unaltered. 5. Training. In the event that training services are to be provided pursuant to the Software and Fees Schedule, Thomson Elite shall make available to Customer as set forth in the Software and Fees Schedule, training and support for Customer personnel designated by Customer who are skilled in professional billing and accounting and practice management systems ("Customer's Personnel") to operate the Software. Thomson Elite shall not be responsible for training replacements of Customer's Personnel who are re- assigned or whose employment with Customer is terminated except pursuant to a separate Statement of Work. 6. Implementation. 6.1 Installation of the Software. Thomson Elite and Customer shall cooperate to identify the hardware and related communications equipment necessary for Installation of the Software. Installation of all hardware and supporting software is the responsibility of Customer. Once the configuration of the hardware, including the operating system, conforms to the specifications agreed upon by Thomson Elite and Customer, Thomson Elite shall install the Software ("Installation"). 6.2 Pre-conversion Testing of the Software. After Installation of the Software, Thomson Elite shall test the Software running on the hardware. 7. Conversion. In the event that conversion services are to be provided pursuant to the Software and Fees Schedule, the following shall apply: 7.1 Conversion of Customer's Database. Customer shall provide its data in an accurate form in a mutually agreed format and Page 14 of 17 THOMSON ._ ELITE shall provide verification and technical assistance to the extent reasonably possible. 7.2 Conversion. The general procedures for conversion shall include: (a) Provision by Thomson Elite of programs necessary to convert Customer's data; (b) Production of mutually agreed on hard copy reports to confirm successful conversion of Customer database; and, (c) Both parties manual review and balancing of pre- conversion hard copy reports with respect to all fields identified in the conversion planning process, including new fields and computed results that do not exist on Customer's current system. The Project Managers shall work to determine the accuracy and completeness of the conversion based on quantifiable criteria to be mutually agreed to by Customer and Thomson Elite prior to Final Conversion. 7.3 Final Conversion. Upon Customer's Project Manager certifying that the Software functions substantially in accordance with the Functional Standards, Thomson Elite and Customer shall proceed with the Final Conversion of Customer's then current database in accordance with the Project Plan. The Final Conversion shall include: (a) Establishment of a cutoff date after which all data shall be loaded onto the Specified Server; (b) Verification of pre-conversion and post-conversion data with respect to all fields identified in the conversion planning process, including new fields and computed results that do not currently exist on Customer's current system. The Project Managers shall work to determine the accuracy and completeness of the Final Conversion based on the conversion criteria. 8. Live Operation. Upon completion of the Final Conversion or the date specified in the Project Plan related to completion of Conversion efforts or related to completion of Installation if no conversion services are being performed by Thomson Elite, Customer shall begin "Live Operation"; provided, however, that Customer may not begin Live Operation if more than ten (10%) of the total of License Fees and Services Fees remains unpaid. Ver. 7 Feb 2008 Page 15 of 17 THOMSON ELITE EXHIBIT C -MAINTENANCE ADDENDUM This Maintenance Addendum ("Maintenance Addendum") is part of the Customer Agreement between the parties ("Agreement") which is incorporated as if fully set forth herein. 1. Definitions. As used in this Maintenance Addendum ("Maintenance Addendum"), the following terms shall have the meanings set forth below. Capitalized terms not otherwise defined shall have the meanings set forth in the Agreement. "Business Day" shall mean Monday through Friday of each week, excluding New Year's Day (January 1'), Presidents Day, Memorial Day (last Monday of May), Independence Day (July 4'), Labor Day (first Monday in September), Thanksgiving (last Thursday in November and the following Friday) and Christmas (December 25*). For the dates marked with an asterisk, if such date falls on a Saturday, the holiday will be observed on the preceding Friday; if such date falls on a Sunday, the holiday will be observed on the following Monday "Business Hours" shall mean the hours from 7:OOam to 6:OOpm, Mountain Time, during a Business Day "Critical Problem" shall mean a Problem that causes an adverse and material effect on Customer's ability to utilize the Software according to the Software User Manual. Critical Problems are handled in accordance with Section 2.2.1 of this Maintenance Addendum. "Non-Critical Problem" shall mean a Problem that does not meet the definition of a Critical Problem. Non-Critical Problems are handled in accordance with Section 2.2.2 of this Maintenance Addendum. "Problem" shall mean any failure of the Software to perform in accordance with the Software User Manual. Problems are classified as either Critical Problems or Non-Critical Problems depending on the impact of such Problem on Customer's operations. 2.2.1 Critical Problems. Thomson Elite shall respond to a report to its telephone support line of a Critical Problem within two (2) Business Hours. Thomson Elite will determine whether the Critical Problem is due to a defect in the Software or whether it is due to a failure not caused by Thomson Elite. If the Critical Problem is due to a defect, Thomson Elite shall use its best efforts to correct the defect, or provide Customer with a way to temporarily work around the defect if able to do so, or notify Customer on a regular basis as to the progress of the corrective efforts until such time as a correction can be made. 2.2.2 Non-Critical Problems. In response to a report of a Non-Critical Problem, Thomson Elite will determine whether the Non- critical Problem is due to a defect in the Software or whether it is due to a failure not caused by Thomson Elite. If the Non-Critical Problem is due to a defect, Thomson Elite shall use reasonable efforts on a time available basis to correct such defect, but the correction may await the release of Updates. 3. Access. Customer shall be responsible for providing remote access to the Software via Thomson Elite's approved remote access method in order to allow Thomson Elite to provide the Maintenance Services and to verify Timekeeper or Seat count. 4. Customer Obligations. Customer shall insure that Thomson Elite's personnel are provided with such information under Customer control as is reasonably necessary to enable Thomson Elite to comply with its obligations hereunder. 5. Exclusions. 5.1 Thomson Elite's obligations hereunder shall extend only to: (a) the latest Update of the Software provided to Customer by Thomson Elite, and (b) Software that has not been modified or altered in any way by anyone other than Thomson Elite or under Thomson Elite's direction. "Updates" shall mean any periodic software releases and any release notes provided by Thomson Elite to correct Critical or Non-Critical Problems in the Software. 2. Maintenance Services. Maintenance Services consist of the following: 2.1 Updates. Thomson Elite will provide all Updates for the Software to Customer. Customer shall be responsible for installing such Updates. 2.2 Telephone Support. Thomson Elite shall provide telephone support during Business Hours for the reporting of Problems and for the handling of Customer questions relating to the operation of the Software. Telephone support for Problems in the Server Code shall only be provided for Server Code on the Specified Server(s). Thomson Elite will provide support for Server Code on additional servers for an additional fee. Ver. 7 Feb 2008 5.2 Maintenance Services shall not include services for "Excluded Items" as defined in Section 6.2 of the Agreement. 5.3 The Annual Maintenance Charge does not include on-site service calls made at Customer's request (or travel and living expenses associated with such calls), shipping costs, telephone costs or the costs of any other services not specifically set forth herein. 6. Remedies. 6.1 If Thomson Elite is unable, after repeated efforts, to remedy a Problem by correction or replacement of software or a combination thereof, or if Thomson Elite otherwise materially breaches this Maintenance Addendum or the Agreement with respect to Maintenance Services and fails to correct such breach within thirty (30) days of written notice thereof, Customer may terminate Maintenance Services and receive a pro rata refund of the prepaid Annual Maintenance Charge for the then current term. Page 16 of 17 THOMSON ,~ ... ELITE 6.2 The foregoing remedy is exclusive and is in lieu of all liabilities or obligations for damages arising out of or in connection with Maintenance Services. Thomson Elite shall have no other liability to Customer whatsoever arising under this Maintenance Addendum or the Agreement with respect to Maintenance Services. 6.3 Survival. Sections 1 and 6 shall survive any termination of Maintenance Services or of this Maintenance Addendum. Ver. 7 Feb 2008 Page 17 of 17 LVI 1- 1 ~/ 25H-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENT FOR GOVERNMENT LIAISON SERVICES WITH U.S. ADVOCACY CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2"d 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 U.S. Advocacy for government liaison services in an amount not to exceed $60,000 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION U.S. Advocacy is a full-service firm specializing in all facets of governmental relations. The company was founded in 1987, when Bruce Young retired from the Legislature to enter the private sector. Mr. Young has worked with the City of Santa Ana for the past eight years. In this legislative year, U.S. Advocacy will be responsible for representing the City's interests in Sacramento including: strategic direction in the protection of local government revenue and redevelopment funds; securing funds for parks and recreational centers; and assisting to secure state grants. Lastly, Mr. Young will coordinate the City's efforts with our regional partners, including the Transportation Corridor Agencies, the Orange County Transportation Authority, the Orange County Water District, the League of California Cities, and the California Big Ten cities organization. 250-1 U.S. Advocacy Agreement April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Other Contractual Services accounts from the Public Works Administrative Services account (no. 101-601-6291), the Community Redevelopment Merged accounts (nos. 570-932-6291, 570-933- 6291, and 570-935-6291), and the City Manager's Non-Departmental account (no. 11-012-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ,f ~ ~ ~~ ~j _ ~~ - :' Ja es G. Ross ~~, /Francisco Gutierrez ~~. E cutive Director ~l`~ Executive Director 1 blic Works Agency Finance & Mgmt. Services Agency / ~/ ` CZ~(rlrltCJ ju"~tephen Harding Deputy City Manager for Development Services Community Development Agency 250-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7~' day of April, 2008 by and between Bruce Young dba U.S. Advocacy, a sole proprietorship (hereinafter "Consultant"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of government lobbying. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $60,000 during the term of this Agreement ($5,000.00 per month), which sum shall include all services, rates and charges, including all expenses. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on February 28, 2009, unless terminated earlier in accordance with Section 12, below. The parties acknowledge that Consultant has provided services pursuant to this Agreement since March 1, 2008, and intend that said services be included within the terms of this Agreement. The term of 250-3 this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for 250-4 personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 250-5 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: U.S. Advocacy 900 Ninth Street, Suite 2100 Sacramento, California 95814 telefacsimile (916) 441-4218 Attn: Bruce Young A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 250-6 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 250-7 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CONSULTANT BRUCE YOUNG President Tax ID# 250-8 EXHIBIT A SCOPE OF SERVICES Consultant shall provide professional lobbying services as directed by City on issues in the State Legislature, the Administration and State Agencies. The parties agree that the services rendered pursuant to this Agreement and the payments made therefore are not in any way contingent upon the defeat or enactment of any legislative or administrative proposal. The parties agree that such sums as are paid pursuant to this Agreement shall be deemed to be the reasonable value of services rendered hereunder. In the event that any agency or court determines that such payments were otherwise contingent, this Agreement shall be deemed rescinded. Consultant shall focus its efforts on the following: Represent the City's interests in the Legislature, Administration and State Agencies, including: a. Strategic direction in the protection of local government revenue, redevelopment funds and governing authority. b. Securing funds for infrastructure projects -specifically streets and roads. c. Advocating for economic development issues such as Santa Ana's Enterprise Zone d. Protecting municipal interests in areas such as workers compensation, public safety, planning and building and league affairs. 2. Assist the City in securing State grant funding. 3. Coordinate the City's legislative efforts with our regional partners, including the Transportation Corridors Agencies, the Orange County Transportation Authority, the Orange County Water District, the League of California Cities and the California Big Ten Cities Organization. For said services, City shall pay Consultant a flat fee of $5,000.00 per month, which will include all travel and miscellaneous expenses. 250-9 250-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AMENDMENT TO AGREEMENT WITH SIMPLEX/GRINNELL, LP FOR POLICE DEPARTMENT CARD ACCESS SYSTEM UPG E ~' CIT 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 FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Simplex/Grinell, LP to provide additional maintenance, support, and upgrade of the Police Department card access control system in an amount not to exceed $25,000, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION In August 2003, Council originally approved the agreement with Simplex/Grinnell for the installation of the card access control system which allows access into the Police Administration Building and Jail facility. The proposed amendment agreement would extend the maintenance and support and includes an upgrade to the current card access control system. Simplex/Grinnell, LP, is uniquely qualified to provide these services as they designed and implemented the system. FISCAL IMPACT Funds are available in the Police Department, Property Services account (no. 011-350-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department 251-1 ~rancisco Gutierrez ~ (~P Executive Director Finance & Mgmt. Services Agency SIXTH AMENDMENT TO AGREEMENT THIS SIXTH AMENDMENT TO AGREEMENT is entered into this 7`~ day of April, 2008, by and between Tyco Symplex/Grinnell ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement A-2003-189, dated September 10, 2003, (hereinafter "said Agreement") by which Consultant has provided maintenance and service for the electronic door access systems in both the Santa Ana Police Administration Building and the Detention Facility. B. The access control system is outdated and Consultant can no longer support the system. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide for the purchase, installation and servicing of access control upgrades to the systems in both the Administration and Detention Facilities. 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 Sixth Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include the following: "Consultant shall provide the equipment and installation services necessary to upgrade the access control system in the Santa Ana Police administration and detention facilities, as set forth in Exhibit A-2, attached to this Sixth Amendment to Agreement." 2. Section 2.a., COMPENSATION, shall be amended to increase compensation $25,000.00 to pay for the upgrade equipment installation and service. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. // // 251-2 IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager CONSULTANT (NAME) (title) 251-3 1701 W Sequoia Ave Orange, CA 92868 (714) 870-1010 FAX: (714) 939-9130 www.simplexgrinnell.com SimplexGrinnell Quotation TO: Santa Ana PD Project: Access Control Upgrade 60 Civic Center Plaza Customer Reference: Santa Ana, CA 92701-4010 SimplexGrinnell Reference: 432406668 Attn: Chu-Yen Hsiao Proposal #: P23409-000026 Date: 03/13/2008 (714) 981-0935 EXT( )Fax: Page 1 of 3 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION Access Control Upgrade Access Control Upgrade CC9000-SP 8 DSGN LAB 16 CAD LAB 1 PREP LAB Design Labor C-CURE 9000 SERIES P SYSTEM SO DESIGN LABOR CAD LABOR PRE-SITE PREPARATION LABOR 16 PM LAB 10 TECH LAB 3 PREP LAB 1 OP LAB 1 OPAC Support Labor PROJECT/CONSTRUCTION MGMT TECHNICAL LABOR PRE-SITE PREPARATION LABOR SUBCONTRACTING LABOR OP ACCESS CONTROL Total net selling price, FOB shipping point, $23,844.00 THIS QUOTATION AND ANY RESULTING CONTRACT SHALL BE SUBJECT TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 251-4 Project: Access Control Upgrade Customer Reference: SimplexGrinnell Reference: 432406668 Date: 03/13/2008 Page 2 of 3 SimplexGrinnell Quotation Comments Simplex will provide the engineering, design, training, project management while subcontracting the labor and material to install a new access control system upgrade. We will be providing a C- Cure 9000 Software upgrade, to be located in the Santa Ana PD IT room. This system will include programming of new system software, and backing up of existing the existing system software. One day of training on the software will be provided by vendor. Existing door controllers and hardware will remain as is. * Deviation from SimplexGrinnell's design must be approved by the Engineering Manager Sam Amicay. You can reach Sam at 714-870-1010 Ex. 665. • Programming: 1) Initial Personnel import from an existing NT3400 system export. 2) Programming of all hardware and software to be found in the NT3400 backup and per configuration information provided 3/6/2008. This Full Migration from the existing NT3400 to the C•Cure 9000 will include manually entry for definitions of ISC controllers, Doors, Input/Outputs, Holidays, Time Periods, and Access Levels. 3) We have not included any Badge Layouts, Custom Reports, Graphical Maps, CCTV integration, etc. options. • Pre-Staging: Pre-staging is not included Note: There will be an interim period when we receive a copy of the database and when we startup the new system. The database will be in a "frozen" state during this time and changes to the system will need to be implemented once the new system is online. EXCLUSIONS: Conduit and boxes. "Additional costs incurred on the project from other trades. Patching and painting, including but not limited to, ceiling the replacement and wallpaper repair. "` Overtime-differential pay costs due to schedule delays not caused by SimplexGrinnell. * Additional equipment or labor costs due to owner or AHJ requirements that are not code related or in approved laws or ordinances or regulations in the jurisdiction where the project takes place. CONDITIONS: 1. Work shall not be performed until acontract/purchase order has been received and approved by this office. 2. On projects that require plan check and or submittals, no work shall be performed until all approvals have been received by this office. The liability for any work requested prior to approvals shall be the sole responsibility of the owner/company requesting said work. Engineering for submittals to the city can only be started early (Pending receiving a P.O.)if we receive a letter of limited Liability with reference to the contract dollar amount. 3. Invoicing shall be monthly, based on progress of labor and material. SimplexGrinnell reserve the right to stop work when any invoice exceeds 30 days past due. 4. Disputed charges; the owner/contractor shall not retain any amount that exceeds the value of any disputed item including its labor. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 251-5 Project: Access Control Upgrade Customer Reference: SimplexGrinnell Reference: 432406668 Date: 03/13/2008 Page 3 of 3 SimplexGrinnell Quotation Comments (continued) 5. A one year warranty is included from the date of final acceptance from the authority having jurisdiction. 6. All work is to be done during normal working hours. 7. Lead Time on equipment is normally 2 weeks (special orders and/or other vendor items may require additional lead time). 8. All conduits not installed by SimplexGrinnell shall be furnished with pull lines. 9. All devices and wire are to be installed in conduit and boxes. The owner/contractor shall install the conduit and boxes as designed by SimplexGrinnell shop drawings. Deviations to said plans will only be made with the written approval of a SimplexGrinnell representative. Deviations made without written consent may result in added engineering material and/or labor cost. 10. Project delays caused by unauthorized modifications are the responsibility of the contractor. 11. Allow, at least, 2-3 working days from the date requesting service for installers / inspectors to be on-site. 12. Lead Time on engineered plans is normally 4 weeks after receiving a usable CAD disk or e-mailed CAD file(s) once project is awarded. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 251-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721 ~,.~ . CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t 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 a letter agreement amending Article V of the Memorandum of Understanding (MOU) with the Service Employees International Union, Local 721 (SEIU), regarding wages and other terms and conditions of employment. DISCUSSION The City and SEIU recently completed negotiations on reopened provisions of the MOU resulting in the addition of certificate pay options for Community Preservation Inspectors. These enhanced certificate pay opportunities will serve to further professionalize Community Preservation employees through rigorous training and education requirements. The application of this amendment will not increase the maximum compensation available as defined in the current MOU. FISCAL IMPACT Funds are available in the salary departmental account (Object Code 6111). Estimated cost for the additional certificates during this fiscal year is $1,142. APPROVED AS TO FUNDS AND ACCOUNTS: Enri u J; Ail Francisco Gutierrez Exe~u iv D'/rector Executive Director Personne ervices Department Finance & Management Services Agency 25J-1 SEVENTH SIDE LETTER ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721 FOR FISCAL YEARS 2004-10 In Article V, Section 5.7 (Career Development Incentives), Subsection "E" of the 2004-2010 Memorandum of Understanding (MOU) between the CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721 (SEIU), the City agreed to re-open the issue of pay additives for Community Preservation classifications upon the request of the Union. Subsequently, the City and SEIU have met and conferred on the issue of pay additives for Community Preservation classifications and have agreed to amend the above referenced MOU as follows: Effective with City Council approval of this addendum, the current Article V, Section 5.7, Subsection "E" pertaining to the re-opening of the MOU shall be deleted in its entirety and existing Subsection "D" shall be replaced with the following new Subsection "D": D. Incumbents in the classifications of: • Community Preservation Technician • Community Preservation Inspector • Senior Community Preservation Inspector • 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/Statewide Association of Code Enforcement Officers), CACEO (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 salary rate ranges (approximately 2.5%) for each of the four (4) certificates. Additionally, any incumbent in those same classifications who has obtained four (4) such certificates shall be eligible to earn an additional five (5) salary rate ranges (approximately 2.5%) pay additive upon completion of both the SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications: • Building Inspection • Electrical Inspection • Mechanical Inspection • Plumbing Inspection • Combo Dwelling Inspector • Plans Examiner • Zoning Inspection • Property Maintenance and Housing • PC 832 25J-2 SEIU SEVENTH SIDE LETTER ADDENDUM 2004-10 MOU Page 2 • Basic Module (SCACEO/CACEO) • Accessibility Inspector/Plans Examiner • Permit Technician • Coastal and Floodplain Construction Inspector • 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 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. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: gy; Mayor Dated: gy; City Manager Dated: gy; Assistant Director of Personnel Services ATTEST: Clerk of the Council APPRQ-4~//ED AS TO F , M: ~ssista~ City Attorney 25J-3 SEIU SEVENTH SIDE LETTER ADDENDUM 2004-10 MOU Page 3 This Agreement has been ratified by the Community Preservation membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721. Dated: SEIU: Robert Hunt, Legal Counsel David Biondolillo, President Gloria Alvarado, 1St Vice President 25J-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: ALLOCATION OF FY 2008-2009 EMERGENCY SHELTER GRANT FUNDS tX CI 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 1. Allocate $304,970 in FY 2008-2009 Emergency Shelter Grant funds as recommended. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non-profit agencies awarded funds. HUMAN RELATIONS COMMISSION ACTION At its Regular Meeting of February 11, 2008, by a vote of 6-0 (Aguinaga, Hoa, and Verino absent), the Human Relations Commission recommended that the City Council allocate $304,970 in FY 2008-2009 Emergency Shelter Grant funds as recommended and direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non-profit agencies awarded funds. DISCUSSION In July 2008, the City of Santa Ana will be awarded $304,970 in Emergency Shelter Grant (ESG) funds by the U.S. Department of Housing and Urban Development (HUD). These funds are made available to states, counties and municipalities to support emergency shelter programs for the homeless. Eligible uses include renovation of emergency shelter facilities, essential services to the homeless (e.g., food and health care), and homeless prevention. A maximum of thirty percent of the total grant may be used for essential services and thirty percent for homeless prevention. Since fiscal year 1987-1988, the City has actively participated in the ESG program to provide funding to the homeless service organizations. In 25K-1 Allocation of FY 2008-09 ESG Funds April 7, 2008 Page 2 November 2007, a Request for Proposals was mailed to 51 non-profit providers soliciting applications for FY 2008-2009 grant funding. Fourteen service agencies responded with funding requests totaling $521,586. Proposals predominately sought funds to offset program administration, homeless prevention, maintenance and operating costs. On February 6, 2008, the Human Relations Commission conducted applicant interviews to rate and rank the proposals using the following criteria: 1) community need, 2) capacity to provide service, and 3) effective and efficient use of funds. A list of the agencies submitting proposals, the evaluation panel rating, the grant amount for the present year, the requested amount of funding for FY 2008-2009, and the recommended funding for FY 2008-2009 is provided in Exhibit 1. A brief table of information regarding each applicant is shown as Exhibit 2. One of the recommended proposals will fund homeless prevention programs, and ten will provide essential services. Eleven proposals are being recommended for funding as follows: Human Options 20,000 Interval House 20,000 Laura's House 10,000 Legal Aid 10 000 Mercy House - Center 46,500 Mercy House - Transitional Houses 45,000 O. C. Mental Health Association 20,000 SMEDA 23,725 Thomas House 20,000 WISEPlace 49,000 Women's Transitional Living Center $ 34,500 Allocation for Essential Services, Prevention, & Operations $289,725* Allocation for Administration (50 of 2008-2009 ESG) $ 15,245* Total Budget for 2008-2009 $304,970 The Human Relations Commission recommended funding for organizations that received a score of 19.00 and above, with one exception. The exception was Mercy House-Cold Weather Armory, which scored above 19.00. However, on February 6, 2008, when the Human Relations Commission made its final recommendations, the County Board of Supervisors had not finalized its selection of an operator for the Cold Weather Armory program. Therefore, the Human Relations Commission felt that it would be prudent not to recommend Mercy House for funding of the 2008-2009 Cold Weather Armory in the event that it 25K-2 Allocation of FY 2008-09 ESG Funds April 7, 2008 Page 3 were not selected for the contract. On February 26, 2008, the Orange County Board of Supervisors voted to award the contract to Mercy House as operator of the Cold Weather Armory Program. In addition, two other organizations scored below 19.00 and were not recommended for funding. FISCAL IMPACT HUD provides ESG funds to the City. Funds will be utilized for eligible activities by non-profit homeless service agencies and the City. No additional City funding is necessary; thus, the only fiscal impact on the City is that of ongoing administration. Funds for subrecipients will be available in the FY 2008-2009 Emergency Shelter Grant account (account no. 135-152-6931). APPROVED AS TO FUNDS AND ACCOUNTS: `~'l~ ~gStephen Harding (/ Deputy Ci y Manager for Development Services Community Development Agency Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency SGH/NTE/FH/mlr 040708 Al1ocFY08-09ESGFunds 25K-3 2008-2009 ESG Rating And Recommendations Sheet Service Average 07-08 Grant 08-09 Grant Relations Tab Or anization T e Ratin Allocation Re uest Recomm'd Emergency 14 Women's Transitional Livin Center Shelter 26.86 $ 34,680 $ 50,000 $ 34,500 5 Le al Aid Le al Advocac 26.00 $ 7,500 $ 13,155 $ 10,000 Transitional 13 Wise Place Shelter 26.00 $ 49,000 $ 55,000 $ 40,000 9 O.C. Mental Health Association Counselin 25.71 $ 34,000 $ 40,000 $ 20,000 Emergency 3 Interval House Shelter 25.29 $ 15,000 $ 35,000 $ 20,000 Transitional 12 Thomas House Shelter 24.14 $ 11,000 $ 25,000 $ 20,000 Emergency 2 Human Options Shelter 23.00 $ 12,000 $ 22,631 $ 20,000 Supportive 7 Merc House-Center Services 23.00 $ 41,000 $ 75,000 $ 46,500 Supportive 10 SMEDA Services 21.57 $ 21,000 $ 29,800 $ 23,725 Emergency 4 Laura's House Shelter 21.14 $ 10,500 $ 11,000 $ 10,000 Emergency 6 Merc House-Cold WeatherArmo Shelter 19.71 N/A $ 30,000 $ - Transitional 8 Merc House-Transitional Houses Shelter 19.00 $ 46,500 $ 75,000 $ 45,000 Emergency 11 The Villa Shelter 18.14 $ - $ 50,000 $ - Emergency 1 Friendship Shelter Shelter 17.71 $ 5,525 $ 10,000 $ - ESG DISTRIBUTION TO NON-PROFIT ORGANIZATIONS $ 289,725 ESG ADMIN (5%) $ 15,245 Total $ 304,970 Exhibit 1 25K-4 G1 N O G1 N 0 L N ~ d a W ~ ° M ° ° ~ ° ~ C'f o _O c O N N o ~ M o_ r r o O 0 ~ W ~ ffl EA 69 r E,9 H4 bM4 ~ O O O N ao F- o ¢ ~ °O o °o o o° ~ °o °o O ~ U o ~ N_ ~ r O r u~ ~ ~ J b9 69 b4 ~ EA Q ~3 Z O U 0 °o ° O °o O °o v °o o co ~ ~ ~ ~ N r ~ ~ r _ O r * O ~ J Q FA b9 EA ffl ^ O Q W ~ (n O) W W Z ~, W a0 N f~ N O cD ~ CO 00 O O O ~ ~ O ~ ~- a z ~ ^04 wf-~ W W? O ~ m W ri O e- to M M O .-- ~ M * ~ ~ O ~ ~ az~ Z o ~ j a? N O N N N ~ O ~ ~ o Z w ~ ~ ~ Z L t0 ~ U O y N ~ O O N (0 d O N .N (U (0 IC f6 m y~ p y v~ (n ~~ m fA p~ Q Q Q O U O j O O ~ U (0 w U ~ U~~ ~ V ~ C C C d~ O O C C ^ N J O U O C U C ^ N J O U O C ~+ C ^ N J O U N fn N J o O O Z ~ w Q ~ O z ~ z = Z N W C1 ~ ~ R' ~ a O s O N O ~~~'F=- ~Z~'~ = a ~ ~ x N o U a W OOWa W =F- OOWO =H = G ~ j ~ ~ ~ U }y 3 z U }~c~}W w ~ w ~ C7 ~ ~~ ~ ~~z~z LL = ? ~ JO ~F-JU ~HJ~ V m ~ ~ N ~ CD I~ o W ° ° ° ° o ° ° o o o o o o o ~ W ti ~ N ~ N ~ ~ ~ 69 b9 6A ffl 69 Efl V3 Z O o ¢ o °n 0 °o 0 0 0 0 °o 0 °o 0 O Q J . OV M N ~ ~ M J fA fH 64 fA fA 6R Q Z O o¢ o 0 o 0 o rn rn °o o o O v> ui o ~ r» ~ ~ J J fA EA 69 fA EA Q o O Q w ~ ~ U~? o f~ o O rn 0 w W ff; O ~ ~ ~ N 00 N l0 N N N O N O d Z ~ D O Q W ~ ~ Z W W O cD M ~ 000 ~ M N N tt O ff; o Q' ~ ~ a z ~ ~ Z O C ~ W Q~ ~ O ~ ~ N N N `~ ~ ~ ~ Z W ~ ~ r (/1 7 ~~ N O C d U L to f6 ~ C7 Q Q N Q N Q f6 Q f0 U' C Q c6 N (n O N d .° ~ O N m m m ~ C N O C V C ~ U~ o a ~ cn In cn ~ ~ ~ o ~ v W ~ } Z Z W 2 ~ ~ ~ 0' ? a, ~ W ~ ~ ~ ~ Q~ W S ~ ~ Z a ~ ~ W Z W W ~} Q W~ O Q Z O W O _ W a ~ W Z W S N O W } 2_ ( j ~ W Q ~ Q J ~ g ~ V~C9Z~ ~~ZC9~ ~V~ ~~z HZ W V ~O>v~i , W ~dJ O~W d W yV' ~~ ~ Zo w W NW W t/1 ~ ~HJS OQ~ ~Q H -tA HI ~ ~ J~fn m O O O N M ~ N ~ QI c c`o O O C 7 O U m s r 3 U c O U N C 7 O E Qo L N ~ O > O > N 'O f0 O T D O C ~ i O C av ,. ~ ~ J f0 ~ N O ..0 :_ C y N O U ~ C_ ~ ~ N y y C 7 '~ O fn _ ~ T O U _d ~ U O O ~ ~ N ~~ c ~ ~ N O U - a~ ~3 m~ m m O o 0 0_ U N C .L.. O `p U `~ o ~ ~ f0 >•.c ~ a? O ~p ') i N ~. O C O N L x w REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2008-2009 Y MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve the proposed fiscal year 2008-2009 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2008-2009 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION ACTION At its Regular Meeting of February 11, 2008, by a vote of 6:0 (Aguinaga, Hoa, Verino absent), the Human Relations Commission directed staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2008-2009 Community Development Block Grant Social Services Programs to the City Council. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received Community Development Block Grant (CDBG) funds to improve low- and moderate-income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including housing, street improvements, parks and public works improvements, social 25L-1 P.H. - CDBG Program FY 08-09 April 7, 2008 Page 2 services, historic preservation and community services. The City's entitlement for fiscal year 2008-2009 will be $6,818,885. No more than fifteen percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2008-2009 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 185 organizations in September 2007. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conducted three public hearings held on January 16, 29, and 31, 2008, in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council's consideration. The proposed fiscal year 2008-2009 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. The HRC ranking and funding recommendations for the social service programs is also provided (Exhibit 2). The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action submit• the approved program to HUD which will result in the City's CDBG $6,818,885. These funds will be effective July 1, 2008. ~f~P7ll. Stephen G. Ha~fding Deputy City anager for Development Services Community Development Agency SGH/NTE/mlr 040708 P.H. CDBGProgramFY 07-08 will authorize the City Manager to and to .execute a grant agreement, letter of credit being augmented by available for the approved program APPROVED AS TO FUNDS AND ACCOUNTS: ~~'rancisco Gutierrez l~ Executive Director Finance & Management Services Agency 25L-2 2008-2009 CDBG Rating And Recommendations Sheet Tab Or anization Service T e Service Detail Service Po ulation 07-08 Grant Allocation 08-09 Grant Re uest Human Relations Recomm'd 1 211 Oran a Count Referal Hotline All Did Not A I $ 50,000 $ 5,000 2 Acacia Adult Da Services Su ortive General Senior Did Not A I $ 10,000 3 Achievement Institute of Scientific Studies Education Indust Sem. Youth $ 8,500 $ 10,800 $ 9,000 4 AIDS Services Foundation O.C. Nutrition Food HIV $ - $ 25,000 $ 5,000 5 America on Track Education Mentor Youth $ 16,000 $ 16,000 $ 14,000 6 Assistance Lea ue of Santa Ana Su ortive School Su lies Youth $ 20,000 $ 30,000 $ 20,000 7 Blind Children's Learnin Center Counselin Physical Thera Disabled $ 18,500 $ 25,000 $ 18,500 8 Bo s and Girls Club of Santa Ana Recreation General Youth $ 40,000 $ 46,370 $ 40,000 9 Cambodian Famil Education Academic Youth $ 25,000 $ 45,000 $ 25,000 10 Career Be innin s Mentor Pro ram Education Mentor Youth $ 18,000 $ 18,000 $ 15,000 11 Charles W. Bowers Museusm-Kidseum Education Arts Youth $ 5,000 $ 10,000 $ 5,000 12 City of Santa Ana-Police Athletic and Activities Lea ue Education Academic Youth $ 65,000 $ 84,645 $ 65,000 13 Cit of Santa Ana-Police Helico ter Crime Prev. General All $ 21,900 $ 250,000 14 City of Santa Ana-PRCSA Pathway to Adventure Recreation General Youth Did Not A I $ 85,548 $ 20,000 15 Cit of Santa Ana-PRCSA Pro~ect PRIDE Recreation General Youth $ 162,000 $ 182,177 $ 134,000 16 City of Santa Ana-Public Works Anit- Graffiti Crime Prev. Graffiti Youth Did Not A I $ 23,000 17 Colette's Children's Home, Inc. Emer Shelter Housin Women /Children Did Not A I $ 25,000 18 Communit Care Health Centers Health Medical All Did Not A I $ 50,000 19 Communit Courts Foundation Health Dental Adults $ 23,400 $ 23,510 $ 15,000 20 Communit of Faith Education Academic Youth Did Not A I $ 25,520 21 Community SeniorServ-Home Delivered Meal Pro ram Nutrition Food Senior $ 24,000 $ 27,000 $ 20,000 22 Community SeniorServ-Senior Lunch Pro ram Nutrition Food Senior $ 24,000 $ 27,000 $ 20,000 23 Communit Service Pro rams, Inc. Emer Shelter Housin Youth $ 12,000 $ 15,000 $ 10,000 24 Council of O.C. Society of Saint Vincent de Paul Su ortive General Adults Did Not A I $ 20,000 $ 12,000 25 Council on A in O.C. Referal Case M mt Senior $ 6,000 $ 20,000 $ 6,000 26 Cristina Suarez Morgenlander Humanitarian Or anization Education Arts Youth Did Not A I $ 33,600 27 EI Centro Cultural de Mexico en el Condado de Oran a Education Arts Youth Did Not A I $ 62,000 $ 32,000 28 EI Puente Education Academic Adults $ 25,000 $ 63,831 $ 20,000 29 Goodwill of O.C. Education Em to ment Disabled Did Not A I $ 20,070 $ - 30 Grace Famil Resource Centers Network Su ortive General All Did Not A I $ 11,609 $ 5,000 31 Ho a Communit Services, Inc Education Academic Youth $ - $ 16,250 $ 5,000 32 Hotline of Southern California Referal Hotline All $ 5,000 $ 6,000 $ 5,000 33 Human O tions, Inc. Education Dom. Violence Youth $ 20,000 $ 20,000 $ 15,000 34 Interval House Outreach Dom. Violence All Did Not A I $ 20,000 $ 5,000 35 Johnson Cha el AME Church Education Academic Youth Did Not A I $ 15,000 $ - 36 Kidsin ers Education Arts Youth $ 13,000 $ 20,000 $ 13,000 37 Latino Center for Prev. & Action in Health and Welfare Education Nutrition Youth Did Not A I $ 50,000 $ 20,000 38 Latino Youth Leadershi Institute Education Indust Sem. Youth Did Not A I $ 48,400 $ 5,000 Exhibit 1 1 25L-3 2008-2009 CDBG Rating And Recommendations Sheet 39 Laura's House Referal Hotline All $ 7,500 $ 10,000 $ 5,000 40 Legal Aid Society of O.C.-Earned Income Tax Credit Education Financial Adults $ - $ 10,000 $ - 41 Legal Aid Society of O.C.-Health Consumer Action Referal Health All $ 6,500 $ 9,000 $ 6,500 42 Lutheran Social Services of Southern California Su ortive General All Did Not A I $ 7,500 43 Mari osa Women and Famil Center Counselin General All $ 6,000 $ 7,500 $ 6,000 44 Mercy House Transitional Living Centers, Inc. Trans. Shelter Housin All $ 10,000 $ 60,000 45 Neighborhood Housing Services of O.C., Inc. Education Financial Adults Did Not A I $ 50,000 46 O.C. Bar Foundation-Programma Shortsto Crime Prev. General Youth $ 13,000 $ 15,000 $ 12,000 47 O.C. Bar Foundation-Stop Short of Addiction Crime Prev. Dru s Youth $ 15,000 $ 20,000 $ 13,000 48 O.C. Children Thera eutic Arts Center Education Arts Disabled $ 20,500 $ 57,200 $ 22,500 49 O.C. Human Relations-Common Ground Mediation Dis ute Reso. Adults $ 5,500 $ 14,343 $ 5,500 50 O.C. Human Relations-Heart of the Oran a Education Arts Youth $ 8,000 $ 31,776 $ 15,000 51 O.C.Youth Commission-Boxin Club Recreation Sort Youth $ 25,000 $ 33,416 $ 25,000 52 O.C.Youth Commission-Wrestlin Club Recreation Sort Youth Did Not A I $ 18,060 $ 15,000 53 O era Pacific Education Arts Youth $ - $ 10,000 $ - 54 Parent Institute for Qualit Education, Inc. Education Counselin Adults Did Not A I $ 100,000 $ 5,000 55 Relam a o Del Cielo, Inc. Education Arts Youth $ 10,000 $ 12,000 $ 10,000 56 Rueben Martinez Literacy, Enrichment Achievement Plus Education Academic All Did Not A I $ 46,325 $ 20,000 57 Saint Jose h Ballet Education Arts Youth $ 45,500 $ 50,000 $ 42,000 58 Santa Ana Black Historical Societ ,Inc. Education All Did Not A I $ 5,100 59 Santa Ana Friends for the animals S a !neuter All $ 7,500 $ 12,000 60 Second Ba tist Church Recreation Sort Youth Did Not A I $ 10,000 $ 5,000 61 Share Our Selves Health DenUMed All $ 9,500 $ 35,000 $ 10,000 62 Southwest Minority Economic Develo ment Association Su ortive General All $ 9,500 $ 18,000 $ 9,000 63 Taller San Jose Em to ment Education Adults $ 50,000 $ 67,600 $ 45,000 64 Teen Challen a of Souther California Education Academic Youth $ 10,000 $ 10,000 $ 10,000 65 The Villa Center, Inc. Emer Shelter Housin Women Did Not A I $ 50,000 66 THINK To ether Education Academic Youth $ 30,000 $ 50,000 $ 25,000 67 Thomas House Tem ora Shelter Trans. Shelter Housin All $ 10,500 $ 25,000 68 TKO Youth Foundation Recreation Sort Youth $ 25,000 $ 27,000 $ 25,000 69 Vietnamese Community of Orange Count ,Inc. Crime Prev. General Youth $ 12,000 $ 67,091 70 Westend Comm. Oriented Policing Assoc. of Santa Ana Crime Prev. General Youth Did Not A I $ 10,700 $ 8,500 71 WISE Place Trans. Shelter Housin Women $ 12,500 $ 12,500 $ 10,000 72 Women Hel in Women Em to ment Education Women $ 6,500 $ 18,000 $ 6,500 73 Women's Transitional Livin Center, Inc. Outreach Dom. Violence Women $ 9,500 $ 20,000 $ 10,000 Total $ 2,531,441 $ 950,000 Amount Available $ 950,000 SURPLUS/ DEFICIT $ Exhibit 1 25L=4 PROPOSED 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS 2007-08 2008-09 2008-09 - TAB APPROPRIATION REQUEST STAFF RECOMMENDATION Administration & Planning 74 City of Santa Ana/CDA-Administration $ 870,000 $ 775,000 $ 775,000 75 Fair Housing Council of Orange County $ 71,580 $ 69,780 $ 69,780 76 City of Santa Ana/PBA-Planning $ 100,000 $ 100,000 $ 100,000 Total Administration 8~ Planning $ 1,041,580 $ 944,780 $ 944,780 Capital Improvements 77 City of Santa Ana/CDA-Neighborhood Improvements $ 50,000 $ 50,000 $ 50,000 78 City of Santa Ana/PWA & PRCSA-Neighborhood Imp. $ 2,093,095 $ 2,944,105 $ 2,944,105 Total Capital Improvements $ 2,143,095 $ 2,994,105 $ 2,994,105 Code Enforcement 79 City of Santa Ana/PBA-Code Enforcement $ Total Code Enforcement $ 1,700,000 $ 1,700,000 $ 1,700,000 $ 1,700,000 Housing Rehabilitation 80 Paint Your Heart Out $ 90,000 $ 90,000 $ - 81 Rebuilding Together O.C. $ 30,000 $ 30,000 $ 30,000 82 City of Santa Ana/CDA-Multi-Family Rehab Loans $ 200,000 $ 200,000 $ 200,000 Total Housing Rehabilitation $ 320,000 $ 320,000 $ 230,000 Total Nonsocial Services Request $ 5,958,885 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ 5,868,885 Social Service Requests $ 950,000 TOTAL 08/09 CDBG GRANT $ 6,818,885 1,700,000 $ 1,700,000 Exhibit 1 25L-5 2008-2009 CDBG Rating And RPrommPnrlatinn¢ Shpot Tab Or anization Service T e Service Detail Service Po ulation 07-08 Grant Allocation 08-09 Grant Re uest Human Relations Recomm'd Average Score 8 Bo s and Girls Club of Santa Ana Recreation General Youth $ 40,000 $ 46,370 $ 40,000 27.88 12 City of Santa Ana-Police Athletic and Activities Lea ue Education Academic Youth $ 65,000 $ 84,645 $ 65,000 27.44 6 Assistance Lea ue of Santa Ana Su ortive School Su lies Youth $ 20,000 $ 30,000 $ 20,000 27.44 68 TKO Youth Foundation Recreation Sort Youth $ 25,000 $ 27,000 $ 25,000 27.22 51 O.C.Youth Commission-Boxin Club Recreation Sort Youth $ 25,000 $ 33,416 $ 25,000 27.11 50 O.C. Human Relations-Heart of the Oran a Education Arts Youth $ 8,000 $ 31,776 $ 15,000 27.00 64 Teen Challen a of Souther California Education Academic Youth $ 10,000 $ 10,000 $ 10,000 26.67 70 Westend Comm. Oriented Policing Assoc. of Santa Ana Crime Prev. General Youth NIA $ 10,700 $ 8,500 26.67 33 Human O tions, Inc. Education Dom. Violence Youth $ 20,000 $ 20,000 $ 15,000 26.44 7 Blind Children's Learnin Center Counselin Physical Thera Disabled $ 18,500 $ 25,000 $ 18,500 26.33 48 O.C. Children Thera eutic Arts Center Education Arts Disabled $ 20,500 $ 57,200 $ 22,500 26.33 36 Kidsin ers Education Arts Youth $ 13,000 $ 20,000 $ 13,000 26.11 57 Saint Jose h Ballet Education Arts Youth $ 45,500 $ 50,000 $ 42,000 26.11 63 Taller San Jose Em to ment Education Adults $ 50,000 $ 67,600 $ 45,000 26.11 71 WISE Place Trans. Shelter Housin Women $ 12,500 $ 12,500 $ 10,000 26.00 10 Career Be innin s Mentor Pro ram Education Mentor Youth $ 18,000 $ 18,000 $ 15,000 25.89 55 Relam a o Del Cielo, Inc. Education Arts Youth $ 10,000 $ 12,000 $ 10,000 25.89 5 America on Track Education Mentor Youth $ 16,000 $ 16,000 $ 14,000 25.78 19 Communit Courts Foundation Health Dental Adults $ 23,400 $ 23,510 $ 15,000 25.71 46 O.C. Bar Foundation-Programma Shortsto Crime Prev. General Youth $ 13,000 $ 15,000 $ 12,000 25.56 3 Achievement Institute of Scientific Studies Education Indust Sem. Youth $ 8,500 $ 10,800 $ 9,000 25.33 15 Cit of Santa Ana-PRCSA Pro'ect PRIDE Recreation General Youth $ 162,000 $ 182,177 $ 134,000 25.33 47 O.C. Bar Foundation-Stop Short of Addiction Crime Prev. Dru s Youth $ 15,000 $ 20,000 $ 13,000 25.33 66 THINK To ether Education Academic Youth $ 30,000 $ 50,000 $ 25,000 25.33 41 Legal Aid Society of O.C.-Health Consumer Action Referal Health All $ 6,500 $ 9,000 $ 6,500 25.33 21 Community SeniorServ-Home Delivered Meal Pro ram Nutrition Food Senior $ 24,000 $ 27,000 $ 20,000 25.13 22 Community SeniorServ-Senior Lunch Pro ram Nutrition Food Senior $ 24,000 $ 27,000 $ 20,000 25.13 43 Mari osa Women and Famil Center Counselin General All $ 6,000 $ 7,500 $ 6,000 25.00 32 Hotline of Southern California Referal Hotline All $ 5,000 $ 6,000 $ 5,000 24.56 9 Cambodian Famil Education Academic Youth $ 25,000 $ 45,000 $ 25,000 24.56 31 Ho a Communit Services, Inc Education Academic Youth $ - $ 16,250 $ 5,000 24.44 14 City of Santa Ana-PRCSA Pathway to Adventure Recreation General Youth NlA $ 85,548 $ 20,000 24.11 30 Grace Famil Resource Centers Network Su ortive General All N/A $ 11,609 $ 5,000 24.11 61 Share Our Selves Health DenUMed All $ 9 500 $ 35,000 $ 10,000 24.11 73 Women's Transitional Livin Center, Inc. Outreach Dom. Violence Women $ 9,500 $ 20,000 $ 10,000 24.11 56 Rueben Martinez Literacy, Enrichment Achievement Plus Education Academic All N/A $ 46,325 $ 20,000 23.89 49 O.C. Human Relations-Common Ground Mediation Dis ute Reso. Adults $ 5,500 $ 14,343 $ 5,500 23.88 34 Interval House Outreach Dom. Violence All N!A $ 20,000 $ 5,000 23.67 Exhibit 2 1 25L-6 2008-2009 CDBG Rating And RecommPnrlatinnc Shc+o4 52 O.C.Youth Commission-Wrestlin Club Recreation Sort Youth N/A $ 18,060 $ 15,000 23.67 72 Women Hel in Women Em to ment Education Women $ 6,500 $ 18,000 $ 6,500 23.67 53 O era Pacific Education Arts Youth $ $ 10,000 $ 23.67 11 24 Charles W. Bowers Museusm-Kidseum Council of O.C. Society of Saint Vincent de Paul Education Su ortive Arts General Youth Adults $ 5,000 N/A $ 10,000 $ 20,000 $ 5,000 $ 12,000 23.56 23.56 29 Goodwill of O.C. Education Em to ment Disabled N/A $ 20,070 $ - 23.56 35 Johnson Cha el AME Church Education Academic Youth N/A $ 15,000 $ 23.33 60 27 Second Ba fist Church EI Centro Cultural de Mexico en el Condado de Oran a Recreation Education Sort Arts Youth Youth NIA N/A $ 10,000 $ 62,000 $ 5,000 $ 32,000 23.11 23.11 40 Legal Aid Society of O.C.-Earned Income Tax Credit Education Financial Adults $ - $ 10,000 $ 23.11 28 EI Puente Education Academic Adults $ 25,000 $ 63,831 $ 20,000 22.89 4 AIDS Services Foundation O.C. Nutrition Food HIV $ - $ 25,000 $ 5,000 22.78 37 62 Latino Center for Prev. & Action in Health and Welfare Southwest Minority Economic Develo ment Association Education Su ortive Nutrition General Youth All N/A $ 9,500 $ 50,000 $ 18,000 $ 20,000 $ 9,000 22.67 22.56 39 Laura's House Referal Hotline All $ 7,500 $ 10,000 $ 5,000 22.56 25 Council on A in O.C. Referal Case M mt Senior $ 6,000 $ 20,000 $ 6,000 22.50 23 Communit Service Pro rams, Inc. Emer Shelter Housin Youth $ 12,000 $ 15,000 $ 10,000 22.44 1 211 Oran a Count Referal Hotline All N/A $ 50,000 $ 5,000 22.33 67 Thomas House Tem ora Shelter Trans. Shelter Housin All $ 10,500 $ 25,000 22.33 38 Latino Youth Leadershi Institute Education Indust Sem. Youth N/A $ 48,400 $ 5,000 22.29 59 Santa Ana Friends for the animals S a /neuter All $ 7,500 $ 12,000 22.22 44 Mercy House Transitional Living Centers, Inc. Trans. Shelter Housin All $ 10 000 $ 60,000 22.11 13 Cit of Santa Ana-Police Helico ter Crime Prev. General All $ 21,900 $ 250,000 21,gg 18 Communit Care Health Centers Health Medical All N/A $ 50,000 21.89 58 Santa Ana Black Historical Societ ,Inc. Education All N/A $ 5,100 21.56 17 Colette's Children's Home, Inc. Emer Shelter Housin Women /Children N/A $ 25,000 21.22 69 Vietnamese Community of Orange County, Inc. Crime Prev. General Youth $ 12,000 $ 67,091 21.11 26 Cristina Suarez Morgenlander Humanitarian Or anization Education Arts Youth N/A $ 33,600 21.00 54 Parent Institute for Qualit Education, Inc. Education Counselin Adults N/A $ 100,000 $ 5,000 20.44 42 Lutheran Social Services of Southern California Su ortive General All N/A $ 7,500 20.22 16 City of Santa Ana-Public Works Anit- Graffiti Crime Prev. Graffiti Youth N/A $ 23,000 19.78 45 Neighborhood Housing Services of O.C., Inc. Education Financial Adults N!A $ 50,000 19.33 20 Communit of Faith Education Academic Youth N/A $ 25,520 18.11 2 Acacia Adult Da Services Su ortive General Senior NIA $ 10,000 1g.gg 65 The Villa Center, Inc. Emer Shelter Housin Women NlA $ 50,000 18.33 Total $ 2,531,441 $ 950,000 Amount Available $ 950,000 SURPLUS/ DEFICIT $ Exhibit 2 25L-7 25L-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENTS FOR AS-NEEDED CONSTRUCTION SURVEYING SERVICES 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 / CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreements with Johnson-Frank & Associates, Inc. and Coast Surveying, Inc. in the amount not to exceed $240,000 annually for each firm, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION This month the City commenced construction on the first part of the $100 million project to rebuild neighborhood streets city-wide. Given this sizeable build-up in the Capital Improvement Program, the Public Works Agency Construction Engineering Section is experiencing an increased workload in construction surveying which necessitates the services of outside firms to handle the additional work. To acquire these services, requests for proposal (RFP) were sent to seven qualified firms and five firms responded. A committee consisting of five staff members from the Public Works Agency evaluated the proposals. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. For the purpose of comparing cost, each firm submitted their fee for the preservation and reestablishment of a single survey monument. Based on the proposals submitted, the scores and the unit price fees for the top three firms are as follows. 25M-1 Agreements for As-needed Surveying Services April 07, 2008 Page 2 Firm 1. Johnson-Frank & Associates, Inc 2. Huitt-Zollars, Inc. 3. Coast Surveying, Inc. Ranking Score Fee 1 87.1 $1334.50 2 82.7 $1997.50 3 81.0 $ 952.50 The qualifications of key personnel and the client satisfaction for all three firms are very favorable. However, due to the difference in costs, staff recommends agreements with Johnson-Frank & Associates, Inc. and Coast Surveying, Inc. These agreements will be for a period of two years with an option to renew for one additional year. The services will be acquired on an as-needed-basis. FISCAL IMPACT The total annual obligation for each agreement shall not exceed $240,000. Costs shall be charged to the Capital Improvement project requiring the services. APPROVED AS TO FUNDS AND ACCOUNTS: James G. R ss G~ Executive Director Public Works Agency (~ ,/~, ~ Francisco Gutierrez ~(~ Executive Director Finance & Mgmt. Services Agency 25M-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7t" day of April 2008, by and between Coast Surveying, inc., a California corporation, hereinafter referred to as "Consultant," and the City of Santa Ana, a charter city and municipal corporation of the State of California, hereinafter referred to as "City". RECITALS A. The City desires to retain a professional firm having special skills and knowledge in the field of construction surveying services. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide as needed construction surveying services to the City as set forth in the Proposal and Rate Sheets attached hereto and incorporated herein as Exhibit A. Consultant shall provide City with copies of all grade sheets and digital copies of corner records. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $240,000.00 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This term of this Agreement shall be two (2) years, commencing on the date first written above with one one-year option to renew exercisable by the Executive Director of Public Works, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR 25M-3 Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Counsel. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25N~-4 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a 25M3 5 publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-22) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Ruel del Castillo 15031 Parkway Loop, Suite B Tustin, CA 92780-6527 Facsimile: (714) 918-6277 Telephone: (714) 918-6266 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given 4 25M-6 three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 5 25M-7 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. Consultant shall not subcontract any of the services required hereunder without written approval of the Director of the Public Works Agency. 6 25M-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Secretary APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Lisa E. Storck Assistant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT Ruel del Castillo President Tax ID# RECOMMENDED FOR APPROVAL: By: James G. Ross Executive Director Public Works Agency 7 25M-9 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 25M-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENT WITH CALIFORNIA STATE UNIVERSITY FULLERTON, SOCIAL SCIENCE RESEARCH CENTER, TO CONDUCT RETURN ON INVESTMENT, PHASE III STUDY t~,~------.~ CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f 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 California State University Fullerton, Social Science Research Center, to conduct the Return on Investment, Phase III Study for an amount of $20,000 for a term period of January 2008 to June 30, 2009. WORKFORCE INVESTMENT BOARD ACTION Accepted the proposal from California State University, Fullerton - Social Science Research Center to conduct the Return on Investment, Phase III Study for an amount not to exceed $20,000 and recommended the City Manager execute the agreement. By a vote of 22:0 (Beasley, Campanella, Claudio, de Leon, Didion, Fischer, Jimenez-Hama, Lewis, Metzler, Novelo, Ward absent) at its Meeting of September 14, 2007. DISCUSSION At its January 12, 2007, meeting, the Workforce Investment Board (WIB) authorized the Oversight and Data Committee to develop and release a Request for Proposals (RFP) to conduct quarterly surveys of a select group of clients who have utilized the Santa Ana WORK Center's services in order to measure the value of those services. This will be a Phase III Return on Investment (ROI) study and a follow-up to the first and second ROI studies. The first study evaluated the Workforce Investment Act (WIA) funds spent on clients who had been enrolled and exited WIA during Program Year 2002-03 and then a second study evaluated universal access customers who used the Santa Ana WORK Center during Program Year 25N-1 Agreement - Return on Investment, Phase III Study April 7, 2008 Page 2 2003-04. The first study concluded that there was a 3000 return on investment for Santa Ana and the second study showed a 4730 return on investment. Both studies are posted on the WIB's web site: www.santaanawib.com The Request for Proposal was developed and released on October 16, 2007. A public notice was published in the Orange County Register on October 14 & 15, 2007. The RFP was emailed to eleven interested parties. Proposals were due November 13, 2007, and one proposal was submitted by California State University Fullerton (CSUF). The members of the Oversight and Data Committee rated this proposal well above the required 70o threshold with an average score of 89.5 points (89.50). The Oversight and Data Committee recommended accepting the proposal from CSUF, Social Science Research Center, at its regular meeting on December 7, 2007, and recommended funding for an amount not to exceed $20,000. The contract was prepared by the City Attorney's Office. FISCAL IMPACT Funds are available in the Workforce Investment Act WIB Admin 07-08 account (account no. 123-190-6291). ephen G. Hard'ng ~~Francisco Gutierrez ~,,,~ Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency SGH/LS/FJ/mlr 090708 AgreeCSFRetOnInvestment-III 25N-2 N-2008-027 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT TO CONDUCT RETURN ON INVESTMENT STUDY PHASE III THIS AGREEMENT, made and entered into this ~~' day of January, 2008, 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 ("CITY") and California State University Fullerton Social Science Research Center through the CSU Fullerton Auxiliary Services Corporation, a 501(cx3) non-profit corporation ("CONTRACTOR"). W-I-T-N-~-S-S=E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. The Santa Ana Workforce Investment Board (WIB)/Oversight and Data Committee and the Local Workforce Investment Area (LWIA) desire to hire an entity to conduct a Return on Investment (ROI) Study for Program Year (PY) 07-08 on its Santa Ana Workforce Investment System (the "Study"). D. CONTRACTOR is experienced in the special skill and knowledge needed to conduct the Return on Investment (ROI) Study -Phase III of Local Workforce Investment System for the Santa Ana Workforce Investment Board (WIB). CONTRACTOR shall perform afour-quarter study to determine the ROI generated by this system for the universal access customers who used the one-stop at least one time during PY 07-08 to look for employment and used one or more of the various services available at the WORK Center for universal access customers. E. CONTRACTOR is willing to operate said Study pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 2 5 N -3 page 1 of 14 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide and shall perform a Return on Investment Study and services, as more specifically set forth in the Request for Proposals sent out by the City, attached hereto and incorporated herein as ` " to this Agreement, as well as the services set forth in Consultant's Proposal dated November 13, 2007, attached hereto and incorporated herein as ` ' to this Agreement. Services shall be performed in accordance with the exhibits and the timelines and deadlines contained therein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. C CONTRACTOR shall provide wages and benefits to CONTRACTOR employees who participate in the activities and services funded by this Agreement ("Employees") in accordance with the standards and requirements of the Act, including Section 181 of the Act. D. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. E. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that is similar to CITY's procedures for resolution of complaints relating to the terms and conditions of employment. F. As a condition of this award of fmancial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. G. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs ox other data, including but not limited to, participants' attendance, payroll records and job duty statements. 2 5 N ~4 page 2 of 14 CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, .but are not limited to, questioning employees and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR aze kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at fhe location where said records avid books of account are maintained. . All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the Study, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. H. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations; monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. I. CONTRACTOR agrees to complete and .submit Invoices, in triplicate, with three quarterly reports, and a fmal Invoice with the Final Report to be presented to the WIB upon completion of the Study. Each Invoice shall show in detail the amount of money owed by CITY to CONTRACTOR. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 888 W. Santa Ana Blvd. #208, P.O. Box 1988 (M-73}, Santa Ana, California, 92702-1988. J. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said STUDY. K. CONTRACTOR shall arrange independently for an audit that includes WIA. funds received from CITY, in accordance with the Act and 20 CFR Section 667.200. CONTRACTOR shall submit one original of each required audit report to CITY within (30} days after the date received 2 5 N -5 Page 3 of 14 by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. L. CONTRACTOR shall comply with the provisions of Circular A-21, Cost Principles for Educational Institutions of the U.S. Office of Management and Budget (OMB} and Circular A-133, and Uniform Administrative requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-profit Organizations (OMB Circular A-110). O. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or coo erative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in ," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. P. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in " "attached hereto and incorporated herein by this reference: Q. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). R. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. S. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the CONTRACTOR must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 2 5 N -6 Page 4 of 14 II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed Twenty Thousand Dollars ($20,000.00) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as (if applicable) during the term of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR on a quarterly basis; as provided hereinabove. B. CITY has the right to de-obligate the funds hereunder due to any of the following reasons: (a) lack of performance by CONTRACTOR and (b) lack of fiscal accountability of CONTRACTOR. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on January 7, 2008, and all duties arising under this Agreement shall have been performed by June 30, 2009. The term of this Agreement may be extended by a writing executed by the Deputy City Manager for Development Services and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurauce and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title YII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. 2 5 N ~7 Page 5 of 14 VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with ail applicable federal and state laws and regulations, including, but not limited to the Performance Standards, attached hereto as (if applicable) and incorporated herein, and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. ~ ~ CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 2. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 3. CONTRACTOR shall comply with the requirements that no program under the Act shall involvepolitical activities. 4. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 5. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 6. CONTRACTOR shall maintain appropriate standards for health and safely in work and training situations. 7. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as and incorporated herein. 8. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 2 5 N -8 Page 6 of l4 9. CONTRACTOR certifies that all property, fuushed or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 10. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 11. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy- four (74} days of invention, development or assembly.- The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 12. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright-able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the WIB shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply weith the requirements of 29 CFR Part 97.34. 2 5 N -9 - Page 7 of l4 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 13. CLEAN AIR / CLEAI~T WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]• Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Off ce' of Federal Activities, U. S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above Laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Emplo ees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conductin~Business Involvi~ Relatives No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB}, a permanent record of the transaction will be retained. 2 5 N -10 Page 8 of 14 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including properly and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands; suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts; errors or omission of CONTRACTOR, its employees or subcontractors. B. CITY shall indemnify and save harmless CONTRACTOR, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CONTRACTOR, and shall defend, indemnify and save harmless CONTRACTOR, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CITY, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability Due to the nature of the work and services being performed off-site, CONTRACTOR need not provide proof of such insurance to the CITY. 2. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants and/or individuals as "employees,"asset forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by such employees and provide CITY proof of said coverage. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. 2 5 N -11 Page 9 of 14 X. ASSIGNABILITY None of the duties of, or work to be performed by; CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies; procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement at its sole discretion. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. 25N-12 Page 10 of 14 XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other parry. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furiish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement; and,~or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until 2 5 N ~ ~ ~ Page 11 of 14 such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this .Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office 888 W. Santa Ana Blvd. #208 P.O. Box 1988, (M-73) Santa Ana, CA 92702-1988 and, CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 CONTRACTOR: Dr. Gregory Robinson Social Science Research Center California State University Fullerton 800 N. State College Blvd. MH 038C Fullerton, CA 92831 Tel. 714-278-2600 Fax:714-278-2549 And Tanya Thompson, Acting Director Office of Sponsored Programs CSU Fullerton Auxiliary• Services Corporation 2600 East Nutwood Ave., Ste 275 Fullerton, CA 92834-6850 Tel. 714-278-4113 Fax: 714-278-1256 25N-14 Page .12 of 14 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indenuiify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the -date and year first above-written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM Joseph W. Fletcher City Attorney - - - CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" '._~CSU.:FQLLERTON AIT%ILIARY SERVICES CORPORATION _y .___....... Lisa E. Storck Name: William M. Dickerson Assistant City Attorney Title: Executive Director Fed Tax ID #95-2Q81258 2 5 N ~ ~ 5 Page 13 of 14 RECOMMENDED FOR APPROVAL: Stephen G. arding Deputy City Manager for Development Services 25N-16 Page 14 of 14 Exhibit A Proposal Number: REQUEST FOR PROPOSALS Release Date October 16, 2007 5:00 A.M. RETURN ON Il\'VESTMENT (ROI) STUDY -PHASE III OF LOCAL WORKFORCE INVESTMENT SYSTEM FOR THE SANTA ANA WORKFORCE INVESTMENT BOAR® 888 W. Santa Ana Bivd. #208 - ---- -- ------ -P:O-BOX-1-988,-M73- Santa Ana, CA 92702 Phone {714) 565-2621 Email address: fjutzi(n~ci.santa-ana.ca.us 25N-17 INTRODUCTION The Santa Ana Workforce Investment Board (WIB)/Oversight and Data Committee and the Local Workforce Investment Area (LWIA) are issuing this Request for Proposals (RFP) for an entity to conduct a Return on Investment (ROI) Study for Program Year 07-08 to study its Santa Ana Workforce Investment System. The WIB currently funds a comprehensive One-Stop Center, known as the Santa Ana WORK Center, hereinafter "One-Stop", located at 1000 E. Santa Ana Blvd., # 220, Santa Ana, CA 92701. The One- Stop is funded primarily by funds from the Workforce Investment Act and Wagner- Peyser Act. The WIB would like afour-part study conducted to determine the ROI generated by the One-Stop's "universal access" customers who used the One-Stop at least one time during each quarter of PY07-08 to look for employment and used one or more of the various senTices available at the One-Stop for universal access customers. The WIB envisions the study following the same customers for four quarters while adding new customers each quarter. The One-Stop provides a variety of job search services from which these customers may pick and choose as they please to fit their individual needs. This study will look at the usage and success of those individual services. This study will be a follow-up to the Phase II study; which looked at universal customers and determined a ROI of 473%. The previous ROI studies can be viewed at Fw-~~.santaanawib.com A maxi'num amount of up to X20,000 has been earmarked for this study. The ROI study is to consist of• 11 four quarterly telephone surveys of a random selection of One-Stop customers who have used the One-Stop's service during the_ previous quarter; 2) four quarterl~proaress reports to the Oversight and Data Committee• and 3) a final Report which includes the results of the telephone surveys and a ROI analysis to the WIB. It is anticipated that the Final ROI Report will be completed by December 31. 2008 and a presentation to the Board will be scheduled for January 2009. Quarterly participant data will be provided to the contractor for their random selection of customers for the telephone survey portion of this study. In addition the One-Stop will meet with the contractor to familiarize them with the services available at the One-Stop which the customers are free to access during their visits ire order for the contractor to develop the survey tool. Additional meetings, interviews, etc. that may be deemed necessary by the selected contractor will be arranged as needed. 2 25N-18 PROJECTED TIME LII\TES Request for Proposal Issued 10/16/07 Proposals Due Date 11/13/07 Proposal Review Period 11/14/07 - 11/30/07 Oversight and Data committee Review and Recommendation 12/07/07 Proposal Approval Date by V~TIB 1/11/07 Proposal submittal and format: All proposals must be submitted by mail to the address below and may be submitted by e-mail If a proposer chooses not to submit a proposal via e-mail then the proposer must submit 5 copies of the proposal (mail or hand delivered) with one original signature no later than November 13, 2007, at 5:00 pm. If a proposer opts to submit a proposal by e-mail, then only one original signed hard co of the proposal is required to be mailed to the address below. Proposals submitted via e- mail must be e-mailed to Fran Jutzi at f utzi(a,ci.santa-ana.ca.us by the due date. Proposals sent via e-mail must be in Microsoft Word format, spread sheets on Excel and all attachments or other documents must be downloadable with no specialsoftware needed. The complete proposal must be accessible via e-mail. Proposals submitted by e-mail must be VIRUS-FREE. Proposals that cannot be opened because of a VIRUS will be determined NON-RESPONSIVE AND NOT CONSIDERED FOR THIS PROCURMENT. If a submitted proposal has a virus and time permits, the proposer will be notified. If time permits; the proposer may deliver the required hard copies of the proposal by mail or hand as long as the proposal is received by the required deadline. An original signed hard copy of each proposal submitted via email must also be mailed to: Santa Ana Workforce Investment Board, ROI Study Proposal Attn: Fran Jutzi 888 VV. Santa Ana Blvd., #208 (hand delivered) or P.O. Box 1988 - M73 (for mail}, Santa Ana, CA 92702-1988 Proposals will not be accepted after 5 pm on the due date (11/13/07). If a proposal has been sent via email and accepted, the signed hard cope is due within 5 working days (11-19-07). Any questions regarding this Request for Proposal (RFP) maybe directed to Fran Jutzi at (714) 565-2621. The VJIB will not be responsible for proposals lost or delayed for any reason. 25N-19 STATEMEI~TT OF WORK In order for the ROI study to be meaiungful, it needs to carefully study the relevant data and present objective results in a reader friendly format. The resulting document will be utilized by the WIB members and staff to communicate the effectiveness of the workforce investment system in Santa Ana to elected officials both locally and in Washington DC and to the general public. The ROI study will become a imarketing tool designed to evaluate the cost effectiveness of this system and provide an objective evaluation of the services offered by the One-Stop. Tl>is ROI study will need to reviev,~ and analyze various types of data gained by surveying a sample of customers who have visited the One-Stop to look for either work or training between the period of July 1, 2007 through June 30, 2008. Each customer utilizes the One-Stop and its resources to varying degrees and with varying results and comes away with impressions of those services. Some customers will utilize the One- Stop's services several times before gaining employment while. others may only visit once with varying degrees of satisfaction. It is these complexities that the WIB wants the ROI study to focus on in Phase III. The One-Stop of~ers a multitude of services provided by different partners as mandated by the Workforce Investment Act as well as each partner's own rules and regulations. Some of the partners at the One-Stop include: the State Employment Development Department, the Department of Rehabilitation, Orange County Social Services Agency, Goodwill Industries of O.C., and Santa Ana College. Services provided at the One-Stop include, but are not.limited to workshops, access to job orders via computer, postings on the job order board, want ads, usage of computers for job search, resume preparation and email access, and use of copy and fax machines. These services are provided to assist uiuversal access customers. in obtaining employment with very little staff help needed. If unfamiliar with the operations at the One-Stop proposers may visit the WORK Center for a tour of the universal access services. Contact Gus Chamorro at 714-565-2629 to make arrangements. Tile One-Stop has a database, which includes the names, addresses, and phone. numbers of all the customers who used the One-Stop during the study period. Customers without phone numbers will be deleted -from the study. Additionally, the One-Stop will attempt to obtain base wage data for the sample selected that will provide the contractor with wages that can be used to evaluate pre-employment and post-employment wages of the selected customers during the study period. However the contractor should make every attempt to obtain said wage information directly from the customers. d 25N-20 Return on Investment Study= Final Product: 1} Typed quarterly reports for distribution to the Oversight and Data Committee. 2) A typed "final print ready" ROI study report with all appropriate graphs, charts and narrative, etc. needs to be submitted within 45 days of the end of the one-year study period. Note: If the proposal budget allows for it, 50 copies of the final ..report, bound and ready for distribution, would be needed. If not, the WIB will produce the necessary copies once it receives the final ROI report. 3) Al] reports need to be submitted via e-mail as well. DEADLINES AND PROPOSAL REQUIREMEl\TTS Timelines: ^ The study.is to. be completed by December 31, 2008. ^ The timeframe to be studied is July 1, 2007 through June 30, 2008 (4 quarters- 7- 1-07 to 9-30-07, 10-O1-07 to 12-31-07, 1-1-08 to 3-31-08, and 4-1-OS to 6-30-OS). It is expected that the proposer will need July 1, 2008 to September 30, 2008 to conduct telephone surveys of the customers selected from the previous and final quarter and will use the remaining time to develop the data analysis and prepare the ROI report. ^ A presentation of the final results, to the Santa Ana Workforce Investment Board at their January 2009 meeting; will be required. Incurred costs for Proposal: Neither the Santa Ana WIB nor the Oversight and Data Committee are responsible for any costs incurred in the preparation of this proposal. Note: No equipment furniture or software is to be purchased under this proposal unless approved by the WIB. Such items will be owned by the WIB and must be turned over to the WIB at the end of the study. REQUIRED PROPOSAL INFORMATION Proposals will be evaluated based on the completeness and responsiveness to all required components of this Request for Proposal (RFP) as listed below. THE COVER SHEET Must include: Legal nanle of organization, street address, mailing address if different, telephone number, fax number, federal tax identification number, state of incorporation, if applicable, and number of years in business. 5 25N-21 • Name of person(s), address and telephone and fax numbers of the local office or facility conducting the ROI Study. • The total amount of funds requested and the total number of hours estimated to provide the required services. hiclude a list of any extra charges. • A signed and dated statement affirming that this proposal is good for 120 days, that the organization has the knowledge and skills required to provide the required sen~ices as outlined in the Request for Proposal (RFP), that the signer is duly authorized to sign and submit this proposal on behalf of the organization. If this proposal is selected, the signor must be able to enter into a contract with the Santa Ana WIB and meet additional contract requirements with regards to compliance with WIA regulations, as applicable, including patent rights, copyrights and rights to data, . access to records and audit requirements, certifications of a drug free work place, debarment, lobbying, and liability insurance coverage. BACKGROUND INFORMATION (PasdComparable Performance) Must Include: • Summary of the organization's relevant experience and knowledge with regards to conducting Return on Investment (ROI) or related studies, experience conducting telephone surveys, general knowledge of the One-Stop center operations and its purpose and the Workforce Investment Act. • An attachment listing recent ROI or similar studies conducted by the organization. hiclude type of studies conducted, amount of contract, contract period, contact names, titles, addresses, phone numbers and email addresses; if available, of these entities. Letters of reference may be attached here as well. References may be contacted for the purpose of verifying past performance. • Relevant .information on proposer's organization including years in business, summary of past relevant experience, years in the field and areas of expertise as applicable. PROPOSAL DESIGN AND QUALITY Must Include: • A clearly defined plan to provide the services listed in the Statement Of Work. • An outline of steps the organization will take to conduct the ROI study and who will be involved at each step along with a time line. Provide as much detail as needed to 6 25N-22 clearly describe activities to be conducted during the study. Provide a description of the call center and how it operates. • Clearly identify any assistance and or documentation that would be needed from WIB or One-Stop staff. COST REASONABLENESS Must include: • A schedule indicating all costs to be charged to this project. Costs are to be broken down based upon the various components of the project or it can be based on cost per hour however all expenses must. be included in the proposal. • The proposal will be considered a "firm offer" of services with prices guaranteed for no less than 120 days. EVALUATION CRITERIA The Oversight and Data Committee (a sub-committee of the Santa Ana Workforce Investment Board) or other WIB members will review all proposals received by the deadline and which are determined to have met the minimal requirements as set forth in this Request for Proposal (RFP). Incomplete proposals, e-mail submittals with a detected virus and proposals submitted after the deadline will be judged to be non-responsive and will not be considered. Background Information (Past/Comparable Performance) - 40 points Past experience, l~iowledge and effectiveness of the proposer/organization in providing the same or similar services as outlined in the Request for Proposal (RFP} will be evaluated to determine demonstrated performance and qualifications. Proposal Design and Quality - 40 points Overall design and scope of ROI study planned, ability to meet the required timelines, required steps needed to meet goals outlined in the Statement of Work, understanding of the objectives, and clearly defined outcomes and final product proposed. Cost Reasonableness - 20 points 25N-23. Proposal will be rated on cost effectiveness, costs which are judged reasonable, necessary, allowable, acid allocable under WIA, and competitiveness of costs with comparable proposals for similar services. GENERAL INFORMATION The WIB reserves the right to accept or reject any or all proposals received and to cancel in part or in its entirety this Request for Proposal (RFP), if it is in the best interest of the WIB to do so. This RFP does not commit the WIB or the Santa Ana City Council to award a contract or to pay any costs incurred in the preparation of the proposal. A proposer's acceptance of a copy of this RFP shall constitute knowledge and acceptance of all conditions contained herein. All proposals become the property of the W1B. The WIB incurs no obligation to return or duplicate copies of the proposal for the proposer. Failed Competition - If, after following all the procurement procedures, only one proposal is submitted -this is considered a failed competition. If two or more Request for Proposal (RFP}'s were issued and only one proposal was returned and the WIB determines that the proposal is acceptable for funding, this is called a noncompetitive proposal (sole source). The justification for funding a proposal that resulted from a "failed competition" under the aforementioned circumstances would be "after solicitation of a number of sources, competition was determined inadequate." Appeal Process - If a proposer believes that any decision or denial of proposal was in violation of any applicable statute or regulation, the proposer may make a good faith complaint by submitting a letter delineating the complaint and referencing the actual violation v~~ithin 10 working days of the date of notification of the fiuiding decision. The letter should be addressed to the Equal Opportunity Liaison (Lydia Morgan), Santa Ana VI~ORK Center, 1000 E. Santa Ana Blvd. #200, Santa Ana, CA 92701. Contract Requirements -The organization/consultant selected for funding must enter into a contract with the City of Santa Ana and be willing to comply with WIA rules and regulations, as applicable and sigl certifications regarding Drug-Free ~Norkplace, Debarment and Lobbying, as well as provide liability insurance with the City of Santa Ana named as additional insurer for $1,000,000 (may be waived by city attorney). A boilerplate contact is included as part of the RFP package for your reference along with additional insured endorsement. See Exhibits "A" and "B". ATTACHMENTS: A boilerplate contract is attached for your information along with the additional insured document the city requires when insurance is required of the proposer. 3 25N-24 '~"~C A L S T A T E FULLERTON November 13, 2007 Ms. Frail Jutzi Santa Ana Workforce Investment Board ROI Study Proposal 888 W. Santa Ana Blvd.; #208 Santa Ana, CA 92702-1988 Dear Ms. Jutzi: Exhibit B Please accept the following proposal to conduct the Return on Investment (ROI) Study - Phase III of Local Workforce Investment System for the Santa Ana Workforce Investment Board (WIB) from the Social Science Research Center (SSRC) at California State University, Fullerton. The CSU Fullerton Auxiliary Services Corporation (formerly the CSUF Foundation), a 501 (c) 3 auxiliary organization, provides legal compliance and fiscal oversight for all University research grants and contracts. The contact information for the Auxiliary Services Corporation ASC) is: _ CSU Fullerton Auxiliary Services Corporation 2600 East Nutwood Ave., Ste 275 Fullerton; CA 92831 Tel. 714-278-3415 Fax: 714-278-4153 The Federal Tax Identification Number for the ASC is 95-2081258 and it is incorporated in California. The Foundation has been in business since 1959. Dr. Gregory Robinson, Director, Social Science Research Center will be conducting the Phase III ROI study. His contact information is as follows: Dr. Gregory Robinson Social Science Research Center California State University Fullerton 800 N. State College Blvd. MH 038C Fullerton, CA 92831 Tel. 714-278-2600 Fax: 714-278-2549 25N-25 The SSRC has approximately 20 years of experience designing, conducting, and analyzing research data for city, county, and state sponsors as well as local non-profit agencies in gild around Orange County. We are particularly adept at producing comprehensive technical reports in prose easily understood by program staff, target populations, elected officials, and the general public. Our in-house staff is highly experienced at all aspects of survey research. Our location on the CSU Fullerton campus provides us with access to experts which will assist with the ROI portion of the study. Including indirect costs, calculated at 20%, the SSRC estimates Twenty Thousand ($20,000) dollars will be required for completion of the ROI project. It is estimated that the project will take 883 hours to complete. This proposal is valid for 120 days from the date first listed above. California State University Fullerton has the knowledge and skills required to provide the required services as outlined in the Request for Proposal. William M. Dickerson, executive Director, CSU Fullerton Auxiliary Services Corporation is duly authorized to sign and submit this proposal on behalf of the organization and is able to enter into a contract with the Santa Ana WIB and to meet additional contract requirements with regard to compliance with WIA regulations, as applicable, including patent rights, copyrights and rights to data, access to records and audit requirements, certifications of a drug free work place; debarment, lobbying, and liability insurance coverage. If an award is made for this proposed project, we would appreciate your sending a notification to this office with the grant awarded through our non-profit, tax exempt CSU, Fullerton Auxiliary Services Corporation. The Auxiliary Services Corporation has been established and incorporated to assist the University in administering the various research grants, contracts and awards funded to this iristitution. We would be pleased to forward the Foundation's articles of incorporation and bylaws should you desire further information. Please notify this office of any action taken on this proposal. Your thoughtful consideration of this application is appreciated. Sincerely, William M. Dickerson Executive Director CSU Fullerton Auxiliary Services Corporation KT:ndr Enclosures cc: Dr. Gregory Robinson, Principal 117vestigator Dr. Thomas Klaznmer, College of Humanities Social Science 2 25N-26 '-"=~~C A L S T A T E ~i~ FULL~RTaN ~~jjiu of Grants c- C.nnnact, {Ilya 278-=10r~ / Fa>: ( ly't 278-000 November 13.2007 Ms. Fran Jutzi Santa Ana «~orkforce lnvestment Board ROI Stud}' Proposal 888 W. Santa Ana Blvd., #208 Santa Ana. CA 92702-1988 Dear Ms. Jutzi: . Please accept the following proposal from the Social Science Research Center (SSRC) at California State University, Fullerton (CSUFj to conduct the Return on Investment (ROI) Study -Phase III of Local Wor>~orce Investment System for the Santa Ana Workforce Investment Board (VTIB j. Dr. Crregory Robinson, Director. Social Science Research Center v~rill be conducting the Phase III ROI study. His contact information is as follows: Dr. Gregon Robinson Social Science Research Center California State University- Fullerton 800 N. Stale Co]]eae Blvd. MH 038C Fullerton. CA 42831 Tel. 7l 4-278-2600 Fax: 714-278-249 The SSRC has approximately 20 years of experience desire jpg, conducting; and analyzing research data for city, county, and state sponsors as well as local non-profit agencies in and around Orange County. Vde are. particularly adept at producing comprehensive technical reports in prose easily understood by program staff. target populations, elected officials; and the general public. Our in-house staff is highly experienced at all aspects of survey research. Our location on the CSU Fullerton campus provides us with access to experts which will assist with the ROI portion of the stud}~_ Including indirect costs. calculated at 20%; the SSRC estimates Twenty Thousand ($20,000) dollars v,~ill be required for completion of the ROI project. It is estimated that the project v~~ill take 883 hours to complete. This proposal is valid for 120 days from the date first listed above. California State Universit}~ Fullerton has the knowledge and skills required to provide the required services as outlined in the Request for Proposal. C .4 LIFORNIA STATE UNIVEftS1TY; FULLERT°N F11•.V ~ll '. GtiJI~, ru~l~]"i 0'1. L~ U ~S~-T'~~'~~~~ i ~~liii t i- t t ~ Lni i b c ii Id t hi r'„??t,?nv- i. f ~ F -not Hw ~ ui ~ nund.~.m - >_ t _- b~,~h: L•_ t -le i~t -1? - raem ? f,uicr.._~ G : ! „tY,i.lY,. ; iu~?o.?., r .n-,r:nn~t.tu, ~a,• bnr.:n~~~ ~'`~+?~--,.,~t~:~ : ~.t; M.•-, ! gat, Lut_ _d~i~4.• i ~~t~ to i.~_ ~<.~n .n.., ~ _cmi~lau' The undersigned is dul~~ authorized to sign and submit this proposal on behalf of the CSUF. if an award is made for this proposed project, please send a notification to the CSUF Office of Grants and Contracts at the address provided below. In addition, and in accordance with University polic}~, the awardee should be named as CSU Fullerton Auxiliarti~ Services Corporation (ASC). The ASC is a SUI (c) ~ auxiliary organization which has been established and incorporated to assist the University in administering the various research grants, contracts and cooperative agreements awarded to the CSUF. Upon request, we will pro~~ide you with the Articles of Incorporation for the ASC. The Federal Tax Identification Number for the ASC is 95-2081258 and is incorporated in California. with address at: 2600 East Nutwood Ave., Ste 275 Ful}erton, CA 92831 Tel. 714-278-341 ~ Fax:714-278-41>> The ASC will be able to enter into a contract with the Santa Ana VJIB and to meet additional contract requirements with regard to compliance with V~TIB regulations, as applicable, including patent rights, copyrights and rights to data, access to records and audit requirements. certifications of a drug free work place, debarment, lobbying, and liabilitti~ insurance coverage. Please notifi' this office of an~~ action taken on this proposal. Your thoughtful consideration of this application is appreciated. 1 Sincerel}~; ~- '~ 1 r. ~ ~ ; ~ ~ _ --r ~~ ~' ~ '~ v. _ M /' . /, .. Linda V.'. Patton Director. Office of Grants and Con*~acts Enclosures cc: Dr. Gregory Robinson, Principal Investigator Dr. Thomas Itilammer;. College of Humanities Social Science 2 25N-28 SANTA ANA WIB PHASE III RETURN ON IllT~JESTMENT STUDY BACKGROUND INFORMATION The Social Science Research Center (SSRC) at Califonva State University, Fullerton, has extensive experience functioning as a data col]ection entity in a variety of survey research endeavors. The SSRC operates a 24-station computer assisted telephone interviewing (CATI) network, active in Orange County for 20 years. We can produce an accurate and comprehensive dataset in a relatively short period of time by conducting interviews during days, evenings and weekends to optimize contact with the target population. We have conducted numerous telephone surveys targeting service utilization populations such as Ca1WORKs participants, as well as geographically concentrated etluiic populations including Latinos, Vietnamese, Armenians and Koreans. The SSRC completed the telephone survey work supporting the SA WIB's 2005 Phase II ROI study. The SSRC is intimately familiar with workforce development resulting from the Workforce Investment Act of 1998 and has provided research support to administrators and educators in this area for a decade. The proposed team pairs the SSRC's expertise in applied survey research with expert consultation from the independent consultant, Dr. Rajeev Sane with whom we worked in-2005. Under Dr. Robinson's direction, the Social Science Research Center has conducted the California Cooperative Occupational Information System (CCOIS) Labor Market Surveys for nine years, including work in Orange and Monterrey Counties and ir. the North Bay Counties region managed by Napa County. Other survey proj ects designed to assess service use and the effectiveness of those services area 1999 Transportation Needs Assessment Survey for Los Angeles County with randomly selected GAIN participants extracted from DPSS files. In addition, the SSRC conducted a 2002 survey with County of Orange Ca1WORKs recipients to detemline their child care needs and impediments to utilizing available child care subsidies. Most recently, a study wa.s conducted for the Chief Administrative Office, Service Integration Branch, County of Los Angeles on sanctioned Ca1WORKs participants. Appendix A contains a list of references. The Social Science Research Center has a long history with California's One-Stop Career Centers. Upon California's receipt of a One-Stop Planning Grant in the fall of 1994, the State Job Training Coordinating Council appointed a Task Force to oversee the one-stop planning process. Seven tecluiical work teams were selected to address issues and make reconunendations to the Task Force who then made recommendations to the Governor. One of the seven teams appointed by the Task Force is the Electronic Infrastructure Work Team (EIWT). The EIWT, under the direction of the Office of Workforce Policy, contracted v,~ith CSU to gather the necessary research material in order for the EIWT to develop the California Electronic One-Stop Infrastructure (EOSI) model. -, 25N-29 Dr. Robinson participated on the multi:campus CSU team that conducted a feasibility study and reconunended a roll-out plan for an information infrastructure to support the One-Stop System. CSU researched both available and emerging technologies and compiled first hand inforniation from persons who were using those technologies. The results of this study were used by the Electronic Infrastructure Work Team to develop its final recommendations. As part of this effort, the CSU team conducted focus groups with prospective One-Stop customers, and synthesized information on their existing systems' capabilities, to help guide decision-making on the design of the infornlation infrastructure. EXPERIENCE Gregor-} Robinson, Ph.D. Dr. Robinson is the Director of the SSRC. Dr. Robinson's expertise includes applied research and evaluation design, survey research methods, and qualitative approaches to data collection and analysis. He has~successfully conducted over one hundred applied research and evaluation projects for county and state entities with foci in community issues, employment, education, health care, and criminal justice. He has provided extensive consultation to the Latino and Vietnamese communities of Southem California. Prior to joining the SSRC, Dr. Robinson was a Research Associate at the Public Policy Research Institute at UC Irvine. Greg holds a Ph.D. in social ecology from the University of California at Irvine and an undergraduate degree in psychology from the University of California at Berkeley. Rajeev C. Sane, Ph.D., MBA Dr. Sane worked for seven years in the Strategy and Corporate Planning Group at Unocal Corporation. In that capacity, he conducted several ROI analyses for a variety of large and small capital investment projects. For the past four years, he has been an independent management consultant. His clients have included ChevronTexaco, Conoco Phillips, House of Blues, and Northern Trust. Rajeev obtained lus undergraduate degree from the Indian liistitute of Tecluiology, Delhi; a Ph.D. from the University of Southern Califomia; and an MBA from the University of Califomia, Los Angeles. STUDY DESIGN -UNIVERSAL ACCESS CUSTOMER SURVEY The special strengths of the SSRC are our methodological approaches to questiozniaire construction, pre-testing the survey instrument (pilot testing), language capabilities, sample design, data collection, data analysis, and tecluucal report preparation. Questiomlaire construction, pilot testing, language capabilities, sampling, and data analysis and report preparation, are discussed below. Our scientific approach to data collection is detailed in Appendix B. 4 25N-30 Questionnaire Construction and Pilot Testing The SSRC is highly experienced at translating the information needs of decision-makers to survey instrumentation. The process of developing a survey instrument for the Phase III study will be greatly accelerated because of this experience and the instrument developed by the SSRC in collaboration with the SA WIB to support the Phase II ROI study. Working with relevant program staff, the SSRC will design a questionnaire to confirm the services and resources used by universal access customers, their preceding employment status, their satisfaction with WORK center services and the employment and wage outcomes associated with their use of the services/resources. A variet}~ of demographic information will also be collected. Our location close to the Santa Ana WORK Center will facilitate meetings during this process and throughout the study, if necessary. It is imperative that the contractor selected to collect these data carefully measure the duration and intensity of service use at the WORK Center. Using this "dose- response" covariate for outcome measures is necessary to adequately explain outcomes. One would not expect the casual user to obtain the same outcomes as someone who visited the WORK Center often and/or used a number of different services and resources. Use of a covariate quantifying the duration and intensity of service utilization will add accuracy and clarity to outcomes assessment. The survey questionnaire will confirm the frequency of service utilization including, but not limited to, WORK shops, computer access to job orders, hard copy postings on the job order board, want ads, provision of computer time for job searches, resume preparation, email access, use of basic business machines, and use of free outgoing mail for resume submission. Pre- and post- wages will be collected by self-report, which can be compared to the base wage data provided by the WORK Center. The SSRC pre-tests survey instruments prior to initiating full-scale data collection. All supervisorial and interviewing staff working on a project are trained using apaper-and- pencil version of the survey. Each question is read aloud and staff are paired to practice the survey instrument on the CATI system. After this hands-on practice, the instrument may be refined to improve comprehensiveness, flow, length and factors that influence respondent cooperation and interest. Surveys are conducted ~~ith approximately 25 to 30 . respondents. Supervisors and SSRC management-level staff then conduct a "debriefing," which allows interviewers to discuss the overall progression of survey item sequencing as well as to comment on specific survey items that may have been unclear to survey respondents. Before the next interviewing shift, SSRC personnel review the pilot test frequencies and share these data with the survey sponsor. If the staff debrief or frequencies review suggests modifications, the instrument is quickly revised and reprogrammed into CATI software before interviewing continues. 5 25N-31 Language Capabilities We provide multicultural research strategies as appropriate. We find the literal translation of English instrumentation to be insufficient, and we emphasize the development of linguistically and culturally appropriate research instruments and methods. We regularly conduct research in the Latino and Vietnamese communities, and have conducted surveys in Korean, Cambodian, Armenian; Tagalog, and Mandarin. Our university setting allows us to access the linguistic a11d cultural expertise of members of many raciaUethnic acid national groups. The Cal State Fullerton campus affords access to abroad range of faculty expertise and student perspectives, representing many etlnlic backgrounds and heritages. Translated survey instruments are programmed into Ci3 scripting software that interfaces with the CATI system. This allows interviewers conducting English and non-English language sur<~eys to read the questions on the screen and type verbatim responses into the CATI system. Procedures for handling these open-ended text responses are discussed in Appendix B. Sample Design A confidence interval for survey data refers to the level of precision required for estimates of population parameters based upon sample data. A generally accepted statldard for policy-relevant research is a confidence interval of plus or minus five percent. When this standard is met, we can be 95% confident that the true population parameter lies within an interval extending five percent above and below any proportion derived from survey (sample) data. A population paranieter is the result one would obtain if all universal access customers were interviewed. Sampling error, as indexed by the confidence interval around reported proportions, varies in relation to sample size and to the variability of survey responses (among other factors). In general, as the sample grows larger; the confidence interval grows narrower. That is, inferences about population parameters based upon larger samples are more precise (are. associated with narrower confidence intervals) than inferences based upon smaller samples. Also, as the proportion of soiree attribute in the sample (e.g. overall satisfaction with the Santa Ana WORK Center) approaches afifty/ fifty split, (say, 50% are dissatisfied and 50% are satisfied) sampling en-or increases, resulting in a wider confidence interval. Conversely, sampling error decreases as the proportion of a given attribute approaches a five/ ninety-five split, (5% are dissatisfied and 95% are satisfied) resulting in a more precise estimate and a narrower confidence interval. Assuming a population of unique Universal Access customers of roughly 5,000 in the program year under study, the table on the following page depicts the required sample sizes for three confidence intervals: 1) Calculated leniently, that is, based upon the 6 25N-32 presumption of a five/ ninet}~-five split in the sample data, 2) Calculated presuming a twenty-five/ seventy-five proportion, and 3) Calculated most conservatively, which is based upon the presumption of a fifty/ fifty proportion in the survey data. Sample Population (N=5,0001 5/95 25175 50; 50 Required Sample Size 75 283 370 To achieve a confidence interval of plus or minus 5%, interviews must be completed with a minimum of 370 unique clients. If Santa Ana WIB desires to make comparisons between customers based on racial/ethnic category, education level, industry sector or some other factor, however, a larger sample will provide.more robust estimates of these sub-groups. Due to the high proportion of Hispanic/Latino clients served by the WORK Center, we recommend a total of 400 interviews with English and Spanish-speaking universal access customers approximately proportionate to their distribution in the . population of all unversal access customers. The specific sample design will be confirmed with WIB staff, but the place holder is to conduct telephone interviews with a separate set of 100 unique clients each quarter, and to conduct follow-up interviews with subsets of clients interviewed in previous quarters as funds permit. Data Analysis and Report Production The SSRC utilizes appropriate statistical techniques to analyze both quantitative and qualitative data. Dr. Robinson instructs graduate and undergraduate courses in statistics and research methods for the CSUF psychology and sociology deparhnents, respectively. By maintaining this linl: to the instructional mission of the University, he stays abreast of the latest statistical and methodological advances. In addition to our highly trained and experienced staff, as aUniversity-based research center, the SSRC has access to scholars active in their respective fields that can provide a wide range of expert consultation. SSRC researchers are skilled at presenting analytic results in apractitioner-friendly format to ensure accessibility to a wider audience. For instance, all tabular and graphical data are preceded by interpretive text that direct the reader's attention to the most salient aspects of the analysis. To ensure a final report that meets Santa Ana WIB's needs, a draft report will be circulated for feedback. 25N-33 STUDI' DESIGN -RETURN ON INVESTMENT ANALYSIS We propose to obtain annual pre- and-post-salary information from the target population during telephone surve}~ administration to more accurately estimate the ROI for this group of users. It is possible that because the WORK Center provides free placement services, a portion of the recipients that make use of the Center would not have gone to any other placement center had the WORK Center not existed. We propose including the additional tax revenue generated from this group of people in the overall economic benefit estimated for the program. Any benefit provided to both the Center users and the government accrues over time because individuals, on average, retain their jobs for multiple years. Therefore, our ROI calculations will capture estimated economic benefits to the government from taxes paid to date over the term of their employment. To derive this estimate, respondents will be queried as to the length of their employment since using WORK_ Center services or resources. DOCUMENTATIOl~T NEEDED The SSRC requests the entire universal access customer database for each quarter in the Prograni Year (July 1 2007 to June 30 2008) as we anticipate that not all numbers will be valid (e.g., disconnects resulting from phone number changes). To produce the ROI report, the SSRC team will require total funds provided to the Santa Ana WORK Center during Program Year 2007-2008 as well as estimates of in-kind or time donations provided by parhler agencies. TIMELINE Assuming an approval date of January 11, 2008, the SSRC and its collaborative partners (Ph.D. level staff will immediately begin working with Santa Ana WORK Center and WIB staff to develop a questionnaire for telephone survey admii>istration. Tlus should be accomplished by February 15, 2008. Once finalized, it will be programmed in-house using Ci3 CATI software. A sample of unique clients utilizing the One Stop from 7-1-07 to 9-30-07, and from 10-O1-07 to 12-31-07 would be drawn immediately, and interviews would commence ASAP in March, 2008. Interviews for the sample selected in the 1-1- 08 to 3-31-08 quarter will commence in April, 2008, and interviews for the 4-1-08 to 6- 30-08 quarter would corrunence in July, 2008. During data collection, relevant financial data will be obtained and report preparations will coirunence. A draft ROI report will be circulated for feedback two to three weeks prior to December 31, 2008 to allow V~TIB staff to comment. One or more representatives from the SSRC's team will be available to present study results to the Santa Ana Workforce Investment Board in January 2009. 8 25N-34 COST ESTIMATE The fixed price quoted below inchldes all expenses related to the performance of work and services required to provide the Santa Ana WIB with a final ROI report. Pricing is based upon cost per interview and the associated costs for materials and support for project persoruZel as detailed below. Costs have been calculated based on an average English-language interview length often minutes. Descri tion Hours Cost Ph.D. Level Oversight and Report Preparation 13.0 $975.00 Ph.D. Level Consultation and Re ort Pre aration 40.0 - • $4,00.00 Telephone Interviewing Costs (Includes training, interviewing, and tele hone costs) 800.0 $10,080:00 Administrative Assistant 30.0 $624 Telephone, Supplies, Other Direct Costs $988.00 Total Direct Costs $16,667.00 University Indirect Costs 20% $3,333.00 Total Bud et $20,000.00 9 25N-35 APPENDIX A 10 25N-36 REFERENCES "Santa Ana VVIB Phase II Return on Investment Stud}~" Fran Jutzi 888 W. Santa Ana Blvd., #208 Santa Ana, CA 92702 "California Cooperative Occupational Information System (CCOIS) Labor Market Surveys" 3anice Jump Research Analyst Special Programs Housing and Coirununity Services 1300 S. Grand Ave., Bldg B, 3rd Floor Santa Ana, CA 92705 Te] (714) 567-7414 "Transportation Needs Assessment 1999 Survey for Los Angeles Count3~" "Sanctioned CaIWORKs 2005 Participants Survey" Manuel H. Moreno, Ph.D. Research Director Research and Evaluation Services Service Integration Branch Chief Administrative Office 222 S. Hill Street Los Angeles; CA 90012 Tel (213) 974-5849 "Orange County Social Services Agency 2002 CaIWORKs Child Care Needs Assessment and Utilization Survey" Elaine Hall, Deputy Director Economic and Community Partnerships 888 N. Main Street Santa Ana, CA 92701 Tel (714) 541-7859 11 25N-37 APPENDIX B 12 25N-38 TECHNICAL APPROACH TO DATA COLLECTION The SSRC's computer assisted telephone interviewing (CATI) software and standard operating procedures ensure a superior response to issues of response bias, callbacks, quality control; acid the verification of data entry procedures essential for all telephone survey research endeavors. These are discussed in detail below. Response Bias Response bias is a major source of sampling error that can be minimized by preserving the random nature of the selected sample. By attempting sample records that result in a busy, no answer, or answering machine disposition up to 20 times, a representative sample of WORK Center "Core A" or universal access customers that used the Center between July 1, 2003 and June 30, 2004 will be surveyed. Up to 20 attempts at contact are also made for any sample record known to connect to a residential household, such as requests to phone the individual another time/day. These "callbacks" are explained in the next section. Callbacks The CATI system includes a sophisticated call tracking and callback scheduling procedure. A call history is developed for each number and remains active until a final disposition is assigned. If no contact is made, the call record will note the time of day and the interviewer who attempted the call. The call will then be automatically reassigned at a later time .based upon an algorithm that reduces the probability that the call will come up again on the same day and time. When a contact is made, but the interview is not completed, call information is recorded that includes whether a callback has been scheduled; who the interviewer spoke with; and the current disposition of the call (for example, immediate refusal, answering machine, mid-interview termination, etc.}. In addition, the time of each call, the number of call attempts, and any interviewer-generated notes are recorded. For multi-lingual studies such as this, records with phone numbers known to connect to a Spanish-speaking household (generally established by a prior call attempt) are dispositioned accordingly and automatically routed to an interviewer with that language capability. If no linguistically competent interviewer is available, the system holds the record until such an interviewer is free. The CATI system allows the researcher to set the number of times a telephone number is to be called before it is retired. SSRC standard operating procedure dictates 20 attempts at contact. If contact is not established after 20 calls, the number is transferred to a holding queue. Our policy regarding irrunediate refusals is to call back at random intervals after the initial refusal. Experience shows that- about 30% of initial refusals can be converted simply by contacting the individual another day. Our procedure for 13 25N-39 converting refusals by respondents whose eligibility has been established involves two steps. After the first refusal, we call back at a different time. We ask for the eligible respondent, beginning by apologizing for bothering them again, and subsequently attempting to explain the scientific reason for our interest in speaking with them. This procedure converts about 20% of refusals known to be eligible for the survey. If this results in a second refusal, we will try one additional time using a "please help" approach. This generally yields a conversion rate of 10%. After tI-iree refusals, the telephone number is retired and classified accordingly. This procedure is a modification of Dillman's (1978) Total Design Method. Our response rates for listed sample survey projects such as this generally exceed 65% and supports precise inferences from the sample to the population. Duality Cont1•ol a~zd Verifccatiotz o. f'Data Bnt~~~ Procedures Data entry and consistency-checking features of CATI software, real-time random monitoring of interviews in progress by SSRC shift supervisors, and daily review of the data collected ensure high quality information that accurately depicts respondents' answers to survey questions. Survey questions and response options appear on a computer screen while the interviewer is speaking to the respondent. Data are entered directly into the CATI system, which will not accept out-of--range response options, so recording errors are reduced. In addition, range and validity checks can be programmed to minimize other recording and survey administration errors (e.g. verifying the number of jobs reported, whether income from day labor was received, and the wages associated with each). In addition to these technical features, SSRC supervisors are present during all interviewing shifts. Each of our supervisors previously worked as an intervie«~er, and each has been trained in telephone inten~iewing techiuques and methodological considerations. Random call-monitoring is performed during each shift to verify the accuracy of the data. Clients can connect to this call-monitoring system from anoff- campus telephone number, allowing them to listen as data are collected. Our 24-station CATI lab enables us to collect data quickly and our export function allows for the rapid extraction of results into numerous fornlats; including ASCII, SPSS, and SAS formats. The resulting quantitative data and open-ended text responses are reviewed daily so that interviewing staff can~be "debriefed" regarding vague or imprecise data. This is done throughout the life of the project. 14 25N-40 Coding of Open-Ended Text In addition to numeric data associated with "fixed response" survey items, text responses may be collected during CATI surveys in response to "other," "specify," and "open- ended"prompts. "Other" text responses are generated when coding categories are insufficient to capture a given survey response. For example, standard coding categories for respondent race/ ethnicity may not include an option for "Middle Eastern." "Specify" responses are used to elaborate or add dimension to a quantitative answer. such as asking respondents to specify the website visited after indicating that they used the Internet while visiting the WORK Center. The last category, "open-ended," does not have a numeric basis of any kind. CATI software allows interviev,~ing staff to record verbatim responses for these three types of open-ended questions. In advance of project completion, coding categories are developed by project managers and approved by the director; these proposed coding categories can be circulated to and approved by the appropriate WIB staff. Ci3 software allows up to 30 codes for each answer. Multiple codes are necessary when questions specifically ask for multiple answers such as, "What two or three resources or services used at the WORK Center were most helpful in your employment search?" and are useful in many other circumstances. As additional surveys are completed, the preliminary categories are revisited to ensure that they represent respondents' answers. Using the final coding schema, SSRC researchers will assign numeric codes to the open- ended text responses. These will be merged with the quantitative data to produce a final SPSS (or other fornlat) database for analysis. 15 25N-41 Exhibit C COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce hlvestment Area July 1, 2001 25N-42 Table of ~or~tents ..............:........................ 2 .. ... I. Information Regarding Complaints ............................. ................. .............................. 2 A. Nondiscrimination and Equal Opportunity Complaints .........................•• ...:................ 2 ......................... ............ 1. Policy Statement .................................. ........................... 3 ............ ............ ....................... 2. Civil Rights .......................... ................................ 4 . ....... ........ .......... 3. Nondiscrimination Laws un er ~•••:•~ _ taint .. .................. . .............. 4. How to File Your omp ••••~~•• . . ............................... ................. B. Criminal Complains ................... II. General Procedures for Handling Non-Criminal Violations of the Act ........................• ....... 8 ..................... III. Procedures for Handling Complaints at the SDA Level .............•••••••-•••••~~~~~~~~ 13 ...................................... ... . IV. Pracedures for Handling Complaints at the State Leve .....•~• •••• 15 V. Procedures for Handling Discrimination Complaints by Participants ..................•.• •• ............... 16 VI. Procedures for Handling Handicap Complaints by Participants .................... • • • • • • ~ •• .... 18 .................... GLOSSARY OF WIA TERNS .................... 1 25N-43 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints Policy Statement the Cit of Y In carrying out the purpose of the Workforce Investment Act (WIA , Santa Ana Local Workforce Investmer entCe2n ovthe)I blo for elland to afford to prepare youth and unskilled adults fo ry to ment. Eve job training to those individuals facing serious barriers to emp y n' effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal oppartunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to: Title VI of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 . Title IX of the Education Amendments of 1972 Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from articipation in, denied benefits of, subjected to discrimination under, or denied P employment, in the administration or of in connection with any ~' handica or program because of race, color, religion, sex,,national origin, ag p~ political affiliation or belief. Participation in programs and activities finanonals of the Un t d States,I lawfully under WIA shall be open to ci~izens and nati arolees, and admitted permanent resident aliens, lawfully admitted refugee, p other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated; threatens ormation~o~asdsis ng noated against because of filing a complaint, furnishing mf participating in any manner in an investigation, compliance review, hearing, or any other activity related to the administration of WIA. 2 25N-44 Administration responsibility far th~heEEu ulalOEmploy elnt~Opportuntyt(EEO) (EO/AA) Program is delegated to q Officer for the Santa Ana Local Workforce Investment Area. Equal opportunity and non-discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investmeco ortcreed) Programs may be discriminated against because of race, handicap, national origin, sex, age, political affiliation, or beliefs. This means that -for any of the characteristics listed above: 1'ou may not be denied the opportunity to enroll in W1A- No benefits or services may be denied you for discriminatory reasons. `y'ou may not be segregated or treated any differently from other applicants or participator t steel; or while yoou aelwork~ g or interviewed, counsefe attending classes as part of the program. You must be provided an equal chance to use all facilities available in the program. Fair employment practices mansfer ipg>vpromotionls,ttraining, regard to recruiting, hiring, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel ybe henalb eel foefiling any of the above opportunities. You cannot in any way p complaint. Your WIA sponsor has estlaa nis>~ed ~ be f led wi hino180 dalysg All complaints or grievances. Your comp complaints will be handled confidentially. 3 25N-45 3. Nondiscrimination Laws under WIA Title Vl of the Civil Ri hts Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The A e Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act off 1973 Prohibits discrimination based on handicap. . Title IX ofi the Education Amendments of i 972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS Title VII of the Civil Ri hts Act of 1964 Prohibits discrimination in employm ~ condi io~s of employment a'nd sex, or national origin in all terms an ortunit ~ Commission as the establishes the Equal Employment Opp ) administrative agency. White House Executive Order No. 11246 as Amended b ~ ExecutvvE Order No. 1 i 375 Creates the office of Federal Cono a se o ePg o~; oanatior~al oIr gin. discrimination based on race, col , De artment of Labor Secreta 's Order no. 4-73 Prohibits discrimination based on sex. Equal Pav Act of 1963 Prohibits pay differential solely because of sex. 4 25N-46 Emergenc4~ Em__ p1oV~?~ent Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b, Have it sworn to before a notary public, if possible. ~. Provides details that tell what happened, where it happened, and when it happened. d. ~ Give the name and addresses of all persons who were present or who had anything to do with the matter. ,..Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belie,occulrarel~ce dtlectly withip' must be filed within 180 days of the alleg Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NVV Washington, D.C. 20210 Complaints on the basis of handicanp laintsbmust be filed di8ectdiyywith the alleged occurrence. These co. p the WIA administrative entity. The WIA administrative e `aiints ;at~esue a written decision within 30 days of the filing of the comp complaint is still unresolved, an aeon Office. be made to the Chief or State Workforce Investment Dives The Department of Labor, the Civil Service Commissie` offices and agencies Employment Opportunity Commission, and many oth are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the couri may appoint one for you. 5 25N-47 It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 (714) 565-2600 g. Criminal Complaints cordance with the WIA (P.L. 105-200) and the implement•idnge ort of frauderabuse In ac section 667.600.... Federa! handling of criminal complaints evolving fraud, abuse or and other criminal activity. "All information and comp other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor. I. General Procedures for Handling Non-Criminal Violations of the Act f The following procedure is promulgated to meet the requir{hmeeWi~ r ~~ullat ons I and Secdtionj Federal Regulations, Section 667.600 through 667.640 0. at the State and 181 (c) of the Act (Public Law 105,200: 29 grin Candd resolution oftcomplaints by WIA LWIA level for the receipt, investigation, he g, anticipants, subrecipients, applicants for participatio c, or financial assistance, labor Unions, P community based organizations: or any other person... These procedures provide for resolution of non-criminal complaints arising from the operation of the Santa Ana LWIA. A com taint is defined here as a written expression by a party alleging a violation of the P Act, regulations promulgated under the Act, recipie e gdra ondi lob sgof employment ofi such specific agreements under the Act, including term amendments and participants in employment training programs. AI- complaints, withdrawals shall be in writing. These procedures areni~ect ondwith W A programs Aerated concern LW~A scant re tlpient and slubrecipient 9 nde~the Act. by each 9 These procedures shall not be construed as affectinge brdin etermslabd condlitionseof outside of the WIA complaint process (i.e., darpticieant geithegseparately or simultaneously, employment of any employee who is not a p P )~ that a person may wish to pursue in the resolution °s aff ~ncarrying o pt informal discussion procedures do not restnct the LWIA grant recipient 6 25N-48 procedures do not restrict the LVVIA grant recipie~~out relsort to the formalomplal ntussion and resolution of any problems outside of and wi procedure. q. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be madejin writing frauld o80cram nal activityl.eged occurrence, except complains alleging 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be Come lainant halverthe Irighhto complaint prior to the scheduled hearat an time rior to the hearing. A withdraw their complaints (in writing) Y p complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be rep~e com dfaint pro ess. expense by person(s) of their choosing at all levels of P 4. Upon enrollment into employment or training, participahts shall be provided including notification of their with a written description of these procedures, right to file complaints and instructions for filing. An employer of participants, including private-for-profit emocedures so long as participants, may use this or other complaint resolution p the participant is informed of the complai eW o~cornplair°searerme e~` are to follow and the time frames governing rev A "participant", within the meaning of thesedp roceo~~am~funded by Sant Ana receives employment-training services un , P LWIA. The Complaint Resolution Pro°ceer ma c~se)'shail~be ava table to alternative procedures which an emp y Y participants to resolve disputes regarding items aams ° Howeve~l suchloyment of such participants in employment training p g rocedures shall not be used to resolve ele whosis notra'nartecmantnas defined r.~nditions of em to merit of an cm I• herein. 5- If a complaint does not receive a decisioe e~ives anvun gatisfa Cory dec s on, within 60 days of filing the complaint or r the complainant then has a right to request a review of the complaint by the Governor. 25N-49 6. Complainants must initially file and exhaust L~NIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. Procedures for Handling Complaints of :he LWfA Level A. Receipt of Complaints Pursuant to the WIA regulations found at 20 toRonduclt hea6 ngs0 and eesolve administrative entities have the responsibrlr y complaints made by individuals about the adminientt Ioandfemploye srtotwh chvthe "LWIA bevel"encompasses LWIA admrnistrative Y administrative entity has delegated the co sPaaisi reSOlc~ionect on with WIA programs comprise the guidelines for resolving issue operated by the Santa Ana LWIA including im °osit on of sanctioansttaken by the actions, such as audit disallowances or the p Governor with respect to audit findings, investigations or monitoring reports. Form and Filing of Complaint Official filing date of the complaint is the daneatLW ArEqualoEmploymentceived. The filing of the complaint with the Santa A Opportunity Offrcer shat! be considdea d;aThercomplaint must bean wating and decision must be issued within 60 y must be signed and dated. The complaint should also contain the following information: a b. Full name, telephone number, if any, and mailing address of the complainant; Fu11 name, telephone. number, and involved (respondent); mailing address of the agency c. Clear and concise statement of facts including dates constituting alleged violation; d, What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant: and f, If the complainant is a private or public, entity orbcoap i r authoazed bya natural person, the filing of the complaint mus Y the governing body of such entity or corporation. 8 25N-50 The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent t al resolupon~ At eacdh step of the notified of the opportunity for an inform complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences wili be utilized by the SantaS all not lextend thevtime complaints; however, such informal conferences within which a decision must be issued afterore~eiWeeks of thel date of fli g tof at informal resolution will commence with.tw. () the complaint. a. The EEO Officer will review the ca~iutio~ can take place at'the time of conference so that appropriate res this meeting whenever possible. b. Although the complaintant should bsho Id nogp eclude h slher right to conference, his/her failure to do request a hearing on the matter. c. If mutually satisfactory resolution reasubl~lsea pon foatfle fle stating the concurs, the EEO Officer will write issues and resolution. The matter shall then be considered closed. d. If resolution does not re ndtassestance to req estla hear~ng iehe/she so necessary information a desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filed with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CP, 92701 9 25N-51 b, A hearing will be scheduled by,n~ e .EEO Officer within thirty (30) days of the date of filing of the compla 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date be shortened with the written consent of the hearing. The ten-day notice may the Santa Ana LWIA within sixty of the parties. A decision will be issued by (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b, The date; time, and place of hearing before an impartial hearing officer. c, P, statement(s) of the alleged violation(s) nce may be obtained, and the d, Advise as to where information or assista name, address, and telephone numbecer who cantanswer i~quinesal Employment Opportunities (EEO Off g. Conduct of Hearing The hearing shat! be conducted in an informal mid be aWOided!cltrshould prov de the not applicable. Unnecessary technicalities shou flexibility to enable adjustment to the cira~mstances presented. 1, The hearing officer shall have co Ce~eshall bep nna posi i ~ totrender impartial make decisions. The heanng offs decisions and thus should not be subordi saele t d fromna lisnof names on file subrecipients. The hearing officer will be with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in aquasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which thee eaoric gdw'nlgbe S~cdhuexplanatioing sure that everyone involved understands th p should be adapted to the needs of the matioln to gvte some assurange of er might take testimony under oath or affi veracity to the hearing. 10 25N-52 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/he so desires. Other he/she is limited to his/her own abilities and those of the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fuliees ~ do nottknowohohw to record. If the parties involved, or their representat , ask the right or pertinent questions iffiper tolstethir~~ tog a`ve all thermaterials shall be necessary for the heanng o P and relevant facts elicited. 7. The practice in informal hearings is generally not to app/}~ strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. ~. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conc{usion o~ she heanng. g. Within ten (10) days of the conclusion of the hearing, the hearing officer wil! issue a recommended decision to the LWIA for final determination. The recommended decision shall be forcetingestm ntyBoardcepted; rejected or modified by the Santa Ana Work C. Issuance of Decision Within sixty (60) calendar days of filing of the complaSnt; the Santa Ana LWIP, shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. Tl~e name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. P, statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 25N-53 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana L1NIA, The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for athree-year period after the grant has been officially closed out. The Santa Ana LWIA's written decision wrinb officle d stelnographeo d notes and tape received at the hearing, notes by the hea g recordings may also be used.. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private-for- profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. 1Nritten notice, at the time the grievance is filed, of,the procedures under which the grievance will be processed. 3. lNritten notification of the disposition of the grievance and e urnle sda cresent anld be issued within thirty (30) days of the filing of the grievanc P long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. 12 25N-54 lV. Procedures for Handling Complaints a~ the Sate Leve! Section 181 (c) of the Act and the W1A regulations at 20 CFR, Section 667.600(d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce I ended ciecisDion to the SDtate Panel aThe officer shall conduct a hearing and issue a recomm recommended decision shall be in writing and may be accepted, rejected or modified by the State Revieti~ Panel. A. Form and Filing of Complaint. Request for State Review of LWIA Leve{ Decisions On receipt of a complainani`s request for review because of an unsatisfactory decision, the. State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, telephone number of the party requesting the review b. Full name, address, telephone number of the other party c. A copy of the decision d. Brief statement of reasonrsc ord n v~reg ~laton~ and statutory chat ons decision to be reviewed i 9 e. A statement of the relief sought. 13 25N-55 3. Complaintant Responsibility supp It is the responsibility of the complaacas t resent d at the LWIA hea~ ng wh ch written statement setting forth the f p ort the requested relief. within ten (10) days. The Chief, WID, shall mail a copy of the request for review to the other party and to the L1NIA. It shall be the responsibil4ty of tear nW to the Chief,tV'JID, complete record including a typed record o. the h g B. Conduct of Hearings. 2 3 Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions. the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request selfo~liow pled directly with the Chief of the WID in writing and should include th 9 ~. Full name; address, and telephone number of the party requesting the review b. Name, address, and telephone n.umber'of the LWIA c. Copies of complaints madedat LWIA level from which no decisions were issued or sanctions impose d. A statement of basis for the request for hearing. Evidentiar;~ Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. 14 25N-56 The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, rejector modoYauditrd sallowandces whichemust decision of the S_ tate Review Panel is final except be approved by the Secretary of Labor. - ~. State Review Panel anel of three representatives from the The State Review Panel will consist of a p Employment Development Department: one fro eihveil; egUleOff~ tte° deci° onhe WID, and one from the Directors office. The pan 30 da s of receipt of the which will be sent to the appropriate parties within thirty ( ) y request for State review. Decisions issued b}~ this panel, under the authority of the Governor, are final. p, Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing \NlA regulations or the grant agreement. This review shall be limited to the record. established at the LWIA hearing. r Handling Discrimination Complaints by Participants V. Procedures fo e, sex, religion, political q. Complaints on the basis of race, color, or national origin, priate, must be filed within affiliation or belief, retaliation, and citizenship, where app ~ 80 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Oppo~unity EEO) Officer to determine jurisdiction and to mccordance wPh thenSantarA~a and provide assistance in filing a complaint in a LWIA's procedure under Section II (A). 15 25N-57 No later that, 180 da~~s of alleced _ discriminaiion Handling of complaints filed at LWiA Level arising in connection with V~'IA programs operated by L.~'LAs Infom~a? Resolution Process Tf'ithin 10 days o{ receip! of 2112Sa 115Ja C1017' decision or 1 G~ davs from date LY7TIA decision should I~a~~e beer? issued Unsatisfactor}~ Decision or L~l~%IA Decision not issued ~~itlun 6U davs Request for State Reviev~~ Governor's Decision issued by State Review Panel If no decision issued b~~ State Re~~iew Panel Appeal to DOL w c C w c ~. o. c 25N-58 Z. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging disc the Office of Civil~Rights (IOCR) U~S. Department their right to file directly wit of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, Ca 92701 V}. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basislemh ntd'Q Sectliob 504 of the Rehab'I tation under the Department of Labor regulations imp .. Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. P,. Procedures at the LWIA Level 1. The complainant shall file hislher complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Off"icer shall investigate and gather information concerning the complaint. 2. An informal conference will be he{d with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. 16 25N-59 B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWIA. 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received .frflm the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 17 25N-60 No later than 1 SO Filing of complaint on the basis Day 1 days of alleced Of Handicap with L`~'IA discrimin.aiion Informal Resolution If no resolution reached • Request for Hearing Notice of Hearing Hearing Conducted '( f Da_yi~:~ Day LV~ZA Decision Unsatisfactoi~~ Decision or No Decisior, State Revie~~ Governor's Decision 6U Days Filed within 30 days o1" L R~IA,~Sta to Decision or 90 dnys fi•on~ date of initial ftling of complaints Appeal to Assistant Secretary Department of Labor 25N-61 GLOSSARY OF W!A TERMS AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal funds. APPLICANT - An individual who applies to a subrecipia~icora ontract for services provided under VUIP, and who has no yet transitioned to the status of p p ASSESSMENT -Services designed to determine eachtpe~lalrpt cipant's employmyentpanddrelated abilities and interests and to develcp a plan to achieve p goals; also to identify the available employment and training activities appropriate for the participant. Testing and counseling may also be used during the assessment pr-ocess. CHARGING PARTY CP COMPLAINANT GRIEVANT. OR AGGaeEDeD Pment off Justice person who charges that he/she has been discriminated against un p nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION - In general, a failure to treat all equ ~I individtuallor class ofipersons totreceive the effect of an action, policy or practice which selects a unequal treatment. ELIGIBLE NON-CITIZEN -Lawfully admitted permane~tbre~he attorney Gene'rall to wolrk ~ the refugees, and parolees and other individuals authorize } United States. EMPLOYER - An employer subject to the provisions of th enc it ub'ect t cthe p9ovisions of Se tdion including state and local governments and any Federal ag y J 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by Executive Order 11246, as amended. GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice. HANDICAPPED INDIVIDUAL -Any individual whorhaloa~ent ical or mental disabilit}' that constitutes or results in a substantial handicap toe p y 18 25N-62 INTAKE -Includes screening to determine eligibiiity; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title 1X. Individual "joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION -Authority to investigate and re~orvenfo cement, i ealT'tle VlnTitletlX, et bject to a law or statute which has been assigned to OCR PARTICIPANT -Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post-termination services) funded under the Act, following intake, except for an individual who receives only outreach andlor intake and assessment services. i9 25N-63 Exhibit D CERTIFICATIOI\T REGARDING LOBBZ'1NG CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATNE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1} No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress iri connection with the awarding of any Federal contracts, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to an_y person for influencing or attempting to influence an officer or employee of any agency; a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. Tlus certification is a material representation of fact upon v,~hich reliance v,~as placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ~ 10,000 and not more that ~ 100,000 for each such failure. Grantee/Contractor Organization William M. Dickerson Executive Director CSII F[JLLERTON AIJ%ILIARY SERVICES CORPORATION Print Name of Certifying Official ..~/~~~~ Date Signature 25N-64 Exhibit E Certification Regai-din~ Drub-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later deternuned that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drub Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about- (1) The dangers of drug abuse iu the workplace; (2) The contractor's policy ofmaintaining adrug-free workplace; (3} Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement requirements by paragraph (a}; (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occumng in the workplace no later than five days after such conviction. 25N-65 Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2} from an employee or otherv~~ise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d}(2), with respect to any employee who is so convicted - (1) _ Taking appropriate personnel action against such an employee, up to and including ternlination; oi- ~ ' (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drums free workplace through implementation of paragraphs (a), (b), (c), (d), (e} and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the sites} for the performance of work to be carved out with the grant funds (including street address, city, county, state and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" fore. Dated: `3 ~~ ~ /~. Program Operator 25N-66 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE V~~ORKPLACE REQUIREMENTS Name: Name of Contractor: Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 25N-67 Exhibit F PAYMENT SCHEDULE Over the period of the contract, quarterly reports are to be made to the Oversight and Data Committee with a final report made to the Workforce Investment Board (WIB) once all four quarters have been studied and a final. Return on Investment (ROI) report issued. The total cost of the study is not to exceed $20,000. Partial payments of no more than one-quarter of the total may be requested after any three (3) presentations of quarterly results to the Oversight and Data Committee. The final invoice may be submitted after presentation of the final written report to the Workforce Investment Board. 25N-68 Exhibit H Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations unplementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Before completing certification, read the attached instructions. l: The prospective primary participant; (i.e., grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within athree-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or Iocal) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement; theft, forgery, bribery, falsification or destnrction of records, making false statements or receiving stolen propert}; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated u~ paragraph (1)(b) of this certification; and d. Have not within a three year period preceding this application/proposal had one or more public transaction (federal, state or local) tenninated for cause or default. 2. ViThere the prospective primary recipient of federal funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. CSII N A~II~%I Y S VICES COgPORATION . /,'l„' Grantee/Contractor Orga~uzation William M. Dickerson Executive Director Name and Title of Official Authorized to Certify On Behalf of re Grantee.. Signature Date 25N-69 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds l~towingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible;" "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this .clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into; it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction; unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lov,~er Tier Covered Transactions;" without modification; in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred; suspended, ineligible, or voluntarily excluded from the covered transaction, unless it la-tows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non- Procurement Programs. Nothing contained in the foregoing shall be construed to require establislunent of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which, is normally possessed by a prudent person u1 the ordinary course of business dealings. Except for transactions authorized under paragraph ~ of these instructions, if a participant in a covered transaction kno~vulgly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the DOL may pursue available remedies, including suspension and/or debarment. Debarment cert. 1-OS 25N-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: AGREEMENT FOR GOVERNMENT LIAISON SERVICES WITH U.S. ADVOCACY CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d 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 U.S. Advocacy for government liaison services in an amount not to exceed $60,000 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION U.S. Advocacy is a full-service firm specializing in all facets of governmental relations. The company was founded in 1987, when Bruce Young retired from the Legislature to enter the private sector. Mr. Young has worked with the City of Santa Ana for the past eight years. In this legislative year, U.S. Advocacy will be responsible for representing the City's interests in Sacramento including: strategic direction in the protection of local government revenue and redevelopment funds; securing funds for parks and recreational centers; and assisting to secure state grants. Lastly, Mr. Young will coordinate the City's efforts with our regional partners, including the Transportation Corridor Agencies, the Orange County Transportation Authority, the Orange County Water District, the League of California Cities, and the California Big Ten cities organization. 250-1 U.S. Advocacy Agreement April 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Other Contractual Services accounts from the Public Works Administrative Services account (no. 101-601-6291), the Community Redevelopment Merged accounts (nos. 570-932-6291, 570-933- 6291, and 570-935-6291), and the City Manager's Non-Departmental account (no. 11-012-6291). APPROVED AS TO FUNDS AND ACCOUNTS: es G" Ross cutive Director lic Works Agency ,~/Francisco Gutierrez ~'. `~- Executive Director Finance & Mgmt. Services Agency (l~i ~ G~.-f~.~ j,~tephen Harding VU Deputy City Manager for Development Services Community Development Agency 250-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of April, 2008 by and between Bruce Young dba U.S. Advocacy, a sole proprietorship (hereinafter "Consultant"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of government lobbying. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $60,000 during the term of this Agreement ($5,000.00 per month), which sum shall include all services, rates and charges, including all expenses. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on February 28, 2009, unless terminated earlier in accordance with Section 12, below. The parties acknowledge that Consultant has provided services pursuant to this Agreement since March 1, 2008, and intend that said services be included within the terms of this Agreement. The term of 250-3 this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for 250-4 personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 250-5 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: U.S. Advocacy 900 Ninth Street, Suite 2100 Sacramento, California 95814 telefacsimile (916) 441-4218 Attn: Bruce Young A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 4 250-6 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 250-7 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CONSULTANT BRUCE YOUNG President Tax ID# 250-8 EXHIBIT A SCOPE OF SERVICES Consultant shall provide professional lobbying services as directed by City on issues in the State Legislature, the Administration and State Agencies. The parties agree that the services rendered pursuant to this Agreement and the payments made therefore are not in any way contingent upon the defeat or enactment of any legislative or administrative proposal. The parties agree that such sums as are paid pursuant to this Agreement shall be deemed to be the reasonable value of services rendered hereunder. In the event that any agency or court determines that such payments were otherwise contingent, this Agreement shall be deemed rescinded. Consultant shall focus its efforts on the following: Represent the City's interests in the Legislature, Administration and State Agencies, including: a. Strategic direction in the protection of local government revenue, redevelopment funds and governing authority. b. Securing funds for infrastructure projects -specifically streets and roads. c. Advocating for economic development issues such as Santa Ana's Enterprise Zone d. Protecting municipal interests in areas such as workers compensation, public safety, planning and building and league affairs. 2. Assist the City in securing State grant funding. Coordinate the City's legislative efforts with our regional partners, including the Transportation Corridors Agencies, the Orange County Transportation Authority, the Orange County Water District, the League of California Cities and the California Big Ten Cities Organization. For said services, City shall pay Consultant a flat fee of $5,000.00 per month, which will include all travel and miscellaneous expenses. 250-9 250-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2008-02 AND VARIANCE NO. 2008-02 TO ALLOW THE CONTODO MEXICAN GRILL TO OPERATE WITH A REDUCTION IN THE FRONT YARD SETBACK AT 1005 SOUTH HARBOR BOULEVARD - MARTHA GOMEZ PPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-02 as conditioned. PLANNING COMMISSION ACTION On March 10, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-02 as conditioned and adopted a resolution approving Variance No. 2008-02 as conditioned by a vote of 5:0 (Gartner abstained, Leo absent) to allow a restaurant in the North Harbor Specific Plan (SP-2) zoning district with a reduction in the front yard setback at 1005 South Harbor Boulevard. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~~~~~~ Jay,. Trevino Executive Director Planning & Building Agency VF:rb of\reports\cup08-02&va08-02 Contodo.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 10, 2008 TITLE: PUBLIC HEARING - FILED BY MARTHA GOMEZ FOR CONDITIONAL USE PERMIT NO. 2008-02 AND VARIANCE NO. 2008-02 TO ALLOW THE CONTODO MEXICAN GRILL TO OPERATE WITH A REDUCTION IN THE FRONT YARD SETBACK AT 1005 SOUTH HARBOR BOULEVARD PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Vince Fregoso i Executive Director Planning Manage RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2008-02 as conditioned. 2. Adopt a resolution approving Variance No. 2008-02 as conditioned. DISCUSSION Request of Applicant Ms. Martha Gomez, representing the Contodo Mexican Grill, is requesting approval of a conditional use permit and variance to allow a vacant building to operate as the Contodo Mexican Grill at 1005 South Harbor Boulevard. Specifically, the applicant is requesting a conditional use permit to operate a restaurant within the North Harbor Specific Plan (SP- 2) zoning district and a variance for a reduction in the front yard setback. Property Description The subject site is a 19,600 square foot, square shaped parcel of land located at the southeast corner of Harbor Boulevard and Kent Avenue. The site currently contains a vacant, 1,530 square foot building that has historically been occupied by restaurant uses. A total of 24 parking stalls are provided on the property. The site has a current zoning designation of North Harbor Specific Plan (SP-2) and a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial to the north, south, east and west (Exhibits 1 and 2). EXHIBIT A 31 A-2 Conditional Use Permit No. 2008-02 Variance No. 2008-02 March 10, 2008 Page 2 Project Description The Contodo Mexican Grill intends to operate within a vacant, 1,530 square foot building that was formerly occupied by Lily's Bakery. In addition to the remodel of the existing interior, the applicant intends to construct a 1,000 square foot addition and an outdoor dining area to the building. The current building will accommodate seating for 44 patrons, with the expansion increasing the restaurant seating to 86 patrons both within the building and on the outdoor patio (Exhibits 3 and 4). The applicant intends to remodel the exterior facade of the structure into a more contemporary design. Elements such as metal canopies, a metal arched entry and rectangular build forms all enhance the appearance of the structure (Exhibit 5). The restaurant, which is planning a summer 2008 opening, is intending to be open for lunch and dinner. Operating hours for the restaurant will be from 10:00 a.m. to 12:00 a.m. seven days per week. The Contodo Mexican Grill has submitted a separate application to provide alcoholic beverages to customers as a service ancillary to the primary restaurant use. Analysis of the Issues The applicant is proposing to remodel, expand and reoccupy a vacant building as a restaurant use within the General Commercial district of the North Harbor Specific Plan. Section 3.5.2 of the Specific Plan requires a conditional use permit for restaurants and other eating establishments. The intent of the conditional use permit is to ensure uses comply with the general concepts and policies of the North Harbor Specific Plan. The proposed restaurant use is consistent with the concepts and policies of the Specific Plan. First, the rehabilitation of the structure is consistent with the policy of improving the visual character of Harbor Boulevard. For instance, the applicant proposes to remodel the building using a contemporary design and materials that will improve the building and enhance the corridor. Second, the project will establish a consistent landscape scheme that is consistent with the Specific Plan. The plan encourages a consistent tree palette in the public right-of-way and within the private parking lot. The applicant has submitted a landscape plan that provides code required canopy trees in the parking 31 A-3 Conditional Use Permit No. 2008-02 Variance No. 2008-02 March 10, 2008 Page 3 lot planters and street trees per the Specific Plan. Finally, the Plan encourages developments that upgrade the image of the area and assist in attracting new investment to Harbor Boulevard. The proposed project, with its reuse of a vacant building at a primary intersection and with enhanced architecture, will serve as an economic catalyst to the immediate area. The applicant is also requesting approval of a variance to reduce the required building setback along the west property from 15 to three feet. Section 41-368 of the Santa Ana Municipal Code requires a 15-foot landscaped setback where a building fronts a public street. However, due to the placement of the existing building, the applicant has been unable to comply with the setback standard. The applicant is proposing to maintain the existing three-foot front yard setback. To comply with the setback standard, the applicant would be required to remove approximately 300 square feet of building area. This would affect the main entrance to the restaurant and would result in a loss of 12 seats and would adversely impact the proposed restaurant. To mitigate the reduced setback, staff is requiring the upgrading of landscape material on the site, including parking lot trees and hedges (Exhibit 6). The reuse of a vacant building will enhance the economic stability of the area and will improve the urban design of Harbor Boulevard. Based upon the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-02 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2007-146 will be filed for this project. 1 ~~ Vince Fr oso, CP Principa Planner VF j m of\reports\cup08-02&va08-02 Contodo.pc 31 A-4 PINE T. f--- ~/~`~ // \\ II li - I R2 \ \J // // /1 I ~ R2 R2 ~---~`~` // // I/ `I R2 - in:\ \~ 0 // ~/ ~I it SP-2 I I II~~ \. // / / / ~ i ~ ~y R2 R2 R2 _~ Ri ~ R1 ILLE ST i~a ~~ R1 ~ R1 ELDEP av R1 iDHAPD aV R1 R2 C i t y o f C o s t a M e s a ~ 0 ~ ~ ~ ~ a O U 0 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rt SINGLE-FAMILY RESIDENCE Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT ,- CUP 08-2/VA 08-2 ~ CONTODO MEXICAN GRILL ~ ..TS'. 1005 SOUTH HARBOR BOULEVARD - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y R2 Z g R2 a R1 i Al ~ ~ JA1 h T R1 A7 S A7 o a~ Ri ` ~` i 0 g R1 ¢ ~ R1 I SP-2 ~ ~R1 R1 1e R2 ~ -xa. ~ •-xro aeo SP-2 SP-2 m O VICINITY MAP 3 ~X,rII~T 1 J J Q Q ~ J - Z W Q ~ ~ U ~ - ~ W U ~ W W ~- ' ~ J ~ ~ ' ~ W O m ~ ~ F- ~ o ~ W ~ V z ~ ~ ~ ~ O ~ 2 U W ~ KENT AVENUE KENT AVENUE ca+~MEfrc~a~ PROJECT "i DUPLEX - Q ~ W Z -~ SITE 2 w W _ _ ~ U ~ W ~ C 2 J Q W ? WW ~ U -, ~ W ~ ~ ~ Q Z~ ~ ~ 0 m W W U a ~ W J T i (!} U CUP 08-2NA 08-2 ~ CONTODO MEXICAN GRILL ~,, - 1005 SOUTH HARBOR BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 . ~ ~~ ry ~ ' ~ o ~ i~RQ ~ x ,~ ~ W ,~ ` ~~~~ ~ ~ ~ ~ Y ~ ~ as a :~ ~ ~ A 6 @~ ~ ~ § A ~ ~ ~A~ t ~~ ~L ~ 3# ~~~~`s~~~~ ~ ~~~ :4~ 6 ~if p1~~3 ~~~~ ~e ~ gp ~ ~ 3 A 3~ 6 ~$n ~ 4. ~ ~ Y ~ c ~ o ooorzoaao®oooooaooo®o®®®®® a®m®o®®®®®~ • [ ~ ~ z ~n~„ - •an~s aoeadH •s $ v' r-r n.i r_rir-r rr_r ra r-it-iraT r_~rar-r rr ~ rfr nnr~t rsr .9 Ix1 / -- -- - ` I (Y TET GII lLY pp~~ S ~ y 4 " S[.3P g I a' .s~ T ~ 1 ~ B ~~ 3 _-__ ~~ ~ Fg wCI 2 Y f0 J H 1 ~. ~ ~ 5 ~~ ~ i i ' ` ~ a - j ~ ~ ~ ~ ~ ~ Y - - - -~ • ,.~ ~ g ..aol-, a~i ~ ~ H a~ ~~ ~ I ~• s - n ~ ; I X ~ - & ° •" w Y ~P-0 I ~ s ~ - ~ ~ w~c~ ~ a T-Wl ~ ~ SIT I ~ ~ d E ~ ~ z _ `- w•a ~ ~ ~ ~ ~nv. ...e A A,y ~ • ~\ 1 V ~ b~ k' ~3 $~ ¢ 3 _ - ~ '~ w a Y s _ F m mal i O LL Y~ ~1 ai ~ S y M4tN1 ~ iq~ V > 2 ~cg3-' F~wrJ. ~~~ CUP~8'~2,Q(Q~8-2 a~€ ~ J 'i?!J ~'~ N € F~ a ~ ~ ~ o ~3 ~~ ~~~ ~~ ~ ~ ~~ ~. ~ ~ 3 ¢.a N s ~ ~ ~ ~ ; g ~ ~ ~ g ~~~~ o~ ~ o~~~~a~~~~s~~~~~°~ ~ ~ ~ooooo00000000 ~Y ~~ ~~~~~ ~~~ ~~~~~ ~~~~6~~ ~~ ~° s~ 0 c os-2 E B 4 a`a 3 d J ~ e~, ~.,, ~~3 ~ ~ ~ ~ ~~~ ~~ ~ a ePr ~ Z { , ~ ~~_~ ~~ ~5 ~ ? ~ ~ i a ~ ~ ~ p w ~ ~ ~~~~~ ~ e ~! ~anie a oeava ~- ~~~ 3~~ '~ a ~! °' ' _ Z ~ =Z ~: o •--- a ~.. e ~ e F- ~ ~ -~ H L ~ .; W ~; ~ ~, :~ _ J } W ' i W ` :- ~ ~ ~ { ~ ~ H ,~ ~ ~ LL W r ~Ly ~~ ~ ~~ _ e, ~ a ~ z ~ _ __ __ r .; ,~ i ' ~ ~ ~g ~ ~ - -- ~. ~ ~ e o ter .~ ~ ~ ~ ~ ; , i 3T ~~ W , ~ ~; a ,r ~, ~ • ~ ~ !- z ~ . _ ~~ > ~ ~ ~ ---i.. ...~ d _ t ~ ~ `' ~+ ~ _ --- ~ ~ ; . r. ~ a o W N t a N s ~ --- - ~ ~ W .~ ~. ! a ante a o e a r a 's ••.•,,.,,,, ~~~a~~a= ~ ~~ -~~ Eoe ~ ~ ~~~ ~ sre =5 ~~ i~ ~ ~ '° n~ # ~~ ~~ ~ ~ ~ ~~ ~ ~ , ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ al..e ~ e d ~~ ~ ~~~~ p a x ~~'S~ ~~~ ~~ ~~ ~~ ~ ~~ ~~~ ~~~~ e~ ~ ~~ ~ Y ~ ~~ S~ ~ g~~ ~~~~~~e ~~~~ € ~~~33.4 ~4 ~ ~~~~~e ~ ~~~ ~~~ ~ ~~ 8Y z ~~ ~.8 ~ ~• ae pY~ ®LI ® 17D ®®LsI®®~tl€~ G] ®©®©®® ®®®® Ba ~ e ~~ p ~ ~ ~ e e~ AYR ~ a ~ * ~ e ~ ~~ ~ ira ~~ ~Y 4 g g p ~ ~ s . ~ ~ R.` MB~~- p- : ~ 01700~~®QCIQ~~L-~1® OI~i®®U®1~I1~I® ®® 1"sI ~~ ~x 3 s ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~~ ~ ~ ~~ Ya Y ~ ~ ~ ~~ ~~ ~ o ~ ~~ ~a ~ R~ ~ ~~ ~~~ ~p ~ ~~ ~ ~ ~~ ~o ~ ;~ ~~ ~~ '18~88~ ~~ ~~ ~ 2~~~ ~do~~~ e~ N2~ ~p ~ ~ ~F ~ ~ ~48! 'F ~ 4 s ~ t' ~ ~ 8 p~ ~ ~ ~~ s ~~~~ pa ~~~ ~~ z ~~ egfgf xgxgb < xq~~ ~F~ ya~ya~ ~~ ~+~~a+a ~ e~` ~~` qYqg~g ~'~~ga$i . ~ ~ ~ . a ~ ;~~~ ~~ ~~~~ ~~~ yq <~~~~~~„ CUP 08-2NA 08-2 3!~(~ KO- 3/6/08 RESOLUTION NO. 2008-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-02 AS CONDITIONED TO ALLOW A RESTAURANT; AND VARIANCE NO. 2008-02 AS CONDITIONED TO ALLOW A REDUCTION IN FRONT YARD LANDSCAPE SETBACKS FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR BOULEVARD WHICH IS LOCATED WITHIN THE NORTH HARBOR SPECIFIC PLAN (SP-2) ZONING DISTRICT BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit operate a restaurant within the North Harbor Specific Plan (SP-2) zoning district and variance for a reduction in the front yard setback for the property located at 1005 South Harbor Boulevard. B. Conditional Use Permit No. 2008-02, and Variance No. 2008-02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 10, 2008. C. Conditional Use Permit No. 2008-02 has been filed with the City of Santa Ana seeking to allow a restaurant within the North Harbor Specific Plan (SP-2) zoning district. 1. Pursuant to North Harbor Specific Plan (SP-2) Section 3.5.2 (4), restaurants may be permitted in the SP-2 zoning district subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Contodo Mexican Grill will provide a service to the community by providing a restaurant Resolution No. 2008-11 Page 1 of 9 31 A-11 use within a vacant building. Further, the site will be brought into compliance with the zoning code, including lighting and safety, which will reduce potential negative impacts and avoid the potential of an attractive nuisance being established. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed restaurant will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. With the exception of outdoor dining, all business will occur within the building, which will reduce the potential for negatively impacting the surrounding businesses and residents. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site contains a small commercial building that is suitable for the proposed project. Numerous restaurants were previously located within the building. The reoccupation of an existing vacant building identifies this site as a stable, viable location for businesses to exist. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions of Chapter 41 of the Santa Ana Municipal Code. The applicant is processing a variance application to allow a reduction in landscaped setbacks. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as restaurants are permitted within the General Commercial (GC) General Plan land use designation. Resolution No. 2008-11 Page 2 of 9 31 A-12 D. Variance No. 2008-02 has been filed with the City of Santa Ana seeking to reduce the front yard landscaping from the required fifteen (15) feet to three (3) feet as required by Section 41-368 of the Santa Ana Municipal Code. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed reduction in the front yard setback will allow the applicant the ability to operate a restaurant in a vacant building. The removal of building area to comply with code would be a hardship on the applicant as critical seating areas would be reduced. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to establish a use that is consistent with the North Harbor Specific Plan (SP-2) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval is incorporated that will require enhanced landscaping on the site to mitigate the reduced setback. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed project will be brought into compliance with all other provision of the Municipal Code, including parking, signage and landscaping. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as restaurants are permitted in the General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent Resolution No. 2008-11 Page 3 of 9 31 A-13 with Goals 1 and 4 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs and encourage the rehabilitation of vacant properties. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2007-146 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 1005 South Harbor Boulevard: 1. Conditional Use Permit No. 2008-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a restaurant in the North Harbor Specific Plan (SP-2) zoning district. 2. Variance No. 2008-02, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the front yard setback from fifteen (15) feet to three (3) feet . These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated March 10, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of March, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: Gartner (1) Harvey De La Torre Vice Chairman Resolution No. 2008-11 Page 4 of 9 31A-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-11 Page 5 of 9 31 A-15 Conditions for Approval for Conditional Use Permit No. 2008-02 Conditional Use Permit No. 2008-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-60. 2. All landscaping on the site shall be upgraded to a minimum 24 inch box trees and 15 gallon shrubs. 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under control of the licensee. 2. There shall be no public telephones located on the exterior of the premises. All interior payphones are to be designed to allow outgoing calls only. 3. The applicant(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. The parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting be upgraded to current code standards. Light standards cannot be located in required landscape planters. Exhibit A Resolution No. 2008-11 Page 6 of 9 31 A-16 5. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 6. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 7. Window displays and racks must be kept to a maximum height of three feet including the merchandise. 8. A timed access cash controller or drop safe must be installed. 9. Install a silent armed robbery system. 10. The licensee shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 11. It shall be the licensee responsibility to ensure that CPC 602 is complied with at all times that the premise is in operation. 12. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12-1 and 12-2. 13. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 14. There shall be no fixed bar or lounge area upon the premises. 15. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 16. There shall be no pool tables, coin operated games or video machines maintained upon the premises at any time. 17. The sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m. 18. There shall be no live entertainment, amplified music or dancing on the premises. 19. Noise and/or ambient music shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2008-11 Page 7 of 9 31 A-17 20. This land use authorization is only for a Type 41 on-sale beer and wine, public eating place facility, with any other license use at this location requiring new land use clearance. 21. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modifications to the conditions of approval. Resolution No. 2008-11 Page 8 of 9 31 A-18 Conditions for Approval for Variance No. 2008-02 Variance No. 2008-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-60 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. All landscaping on the site shall be upgraded to a minimum 24 inch box trees and 15 gallon shrubs. B. Police Department 1. Prior to issuance of any building permit, submit a conceptual lighting plan for the parking lot. Light standards cannot be located in landscaped areas to avoid conflict with the canopy growth of trees. 2. The existing parking lot and building must conform to the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. Exhibit B Resolution No. 2008-11 Page 9 of 9 31 A-19 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd ,Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2008-11 (Conditional Use Permit No. 2008-02 and Variance o. in is ac ion by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Martha Gomez 3664 South Bristol Street Santa Ana, CA 92704 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31 A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: VARIANCE NO. 2008-01 TO ALLOW A REDUCTION IN SETBACKS FOR A NEW FAMILY LIFE CENTER AT 1309 WEST SECOND STREET - JOHNSON C EL AME CHURCH, APPLICANT CITY MANAGER 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 Receive and file the staff report approving Variance No. 2008-01 as conditioned. PLANNING COMMISSION ACTION On February 25, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-01 as conditioned by a vote of 6:0 (De La Torre absent) to allow a reduction in the side yard setback for a new 10,700 square foot family life center in the Community Commercial (C1) zoning district at 1309 West Second Street (Exhibit A) The Planning Commission added a condition that requires their review and approval of a final landscaping plan for the project. FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino Executive Director Planning & Building Agency VF:rb Vf/reports/VA08-O1 Johnson Chapel AME.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 25, 2008 TITLE: PUBLIC HEARING - FILED BY JOHNSON CHAPEL AME CHURCH FOR VARIANCE NO. 2008-01 TO ALLOW A REDUCTION IN SETBACKS FOR A NEW FAMILY LIFE CENTER AT 1309 WEST SECOND STREET Prepared by Vince Fregoso ~L Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planni Manager Adopt a resolution approving Variance No. 2008-01 as conditioned. DISCUSSION Request of Applicant Mr. Ken Agharokh, on behalf of the Johnson Chapel AME Church, is requesting approval of a variance from the required side yard setback standard in order to allow a 10,700 square foot family life center to be constructed at 1309 West Second Street. Property Description The subject site is an 11,100 square foot, vacant parcel of land that is located on the northwest corner of Second and Bristol Streets. The site was formerly occupied by approximately 6,500 square feet of building area that was used by the church for classroom and meeting purposes. In order to implement the Bristol Street Widening Project, the City purchased the lot fronting Bristol Street from the church and demolished the structure. The project site is zoned Community Commercial (C-1) and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include retail and residential to the north, retail and the main church campus to the south, retail and vacant land to the east and residential to the west (Exhibits 1 and 2). EXHIBIT A 31 B-2 Variance No. 2008-01 February 25, 2008 Page 2 Project Description The Johnson Chapel AME Church is proposing to construct a new fellowship hall to replace the structure demolished for the Bristol Street Widening Project. As was the previous building, the new building will also be two stories in height and will include approximately 10,700 square feet of floor area. The first floor will include classrooms, offices and a kitchen, with the second floor containing office space and a multi- purpose room (Exhibits 3 and 4). The new building will be a manufactured modular structure that will incorporate architectural elements to match the design of the Johnson AME Chapel church building to the south. Elements such as stucco, identical roofing material and similar paint colors will be used to integrate the new and existing buildings (Exhibit 5). Analysis of the Issues The applicant is requesting approval of a variance to reduce the required building setback along the west property from 20 feet to five feet. Section 41-369 of the Santa Ana Municipal Code requires a 20-foot landscaped setback if a building exceeds 15 feet in height if adjacent to a residential use. However, due to the lot size reduction caused by the Bristol Street widening, the applicant has been unable to comply with the setback standard. In 2006, the City purchased the parcel at the northwest corner of Bristol and Second Streets that contained the fellowship hall for the Johnson Chapel AME Church. After allocating approximately 7,000 square feet of the parcel for the Bristol Street widening, the City sold the remainder parcel and an additional City owned parcel (west of the fellowship hall) back to the church to rebuild the hall. As a result, the placement of the building has been impacted by two street improvement projects: The Bristol Street widening and the installation of a new cul-de-sac on Second Street. The widening of Bristol Street to its ultimate right-of-way has resulted in the need to place the building to the west and adjacent to the existing single-family residential use. Further, the conversion of Second Street from a through street to a cul- de-sac street has also affected the placement of the building. These street improvement projects have caused the building to be placed five feet from the adjacent residential use. 31 B-3 Variance No. 2008-O1 February 25, 2008 Page 3 The Johnson Chapel AME Church's Family Life Center will contribute to the long-term benefit of the neighborhood. The development of this site will allow the church to replace a building that was demolished as a result of a street improvement project with a building that is consistent with the goals and policies of the General Plan. Conditions of approval have been developed to mitigate potential impacts of the proposed project. Further, the site will be upgraded to meet or exceed landscaping development standards. Additionally, the project, as conditioned, will not create adverse impacts or be detrimental to the site or neighborhood. Finally, the church and related activities on the site are consistent with other church uses, the Community Commercial zoning district and the General Plan. Therefore, based upon an analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Variance No. 2008-01 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows infill development that is consistent with the general plan, on a lot less than five acres in size and is adequately served by all required utilities and public services. Categorical Exemption No. 2007-90 will be filed for this project. (~ ~~ ~ ~- _-_ Vince Fre oso, AIC'p Senior Pl er VF:jm Vf/reports/VA08-Ol Johnson Chapel AME.pc 31 B-4 s' R2 & R2 ' V +hm.r ' I.m m _ ~ Rt R1 ~ R1 R1 Rt R2 SP R1 J R1 R1 , R1 R1 R2 R1 R1 R1 R ~ KORAL CR. 'L ~ :. io SD-20 $0 -2° ie so-so SD-20 ~~[ R2 ~D P C I~'J P SD-55 ~~oC2 M1 C2 R2 ~ R1 R1 R1 R1 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C7 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL P P so-ie ci ci 1 ST ST. C1 C1 C2 R2 R2 R2 C wi R1 R2 °g R2 C1 R1 R1 R2 R3 ~ R1 R1 Rt sP A~. i R1- Ri R2 R3 ~ r R1 sP •- C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHTINDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN _ VA 08-1 ~ JOHNSON CHArEL FAMILY LIFE CENTER ~ ~~~~"-~~~ 1309 WEST SECOND STREET - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~~I~T 1 H W W ~ C MME CIAL THIRD STREET Z Q f~ W a N W S N G L E F M 1 L Y COMMERCIAL R E S 1 E T I L ~~ ~ "' Z S I G E F A M 1 Y ¢ U R E I D E N I A L "F .. j ~, ~ '. SECOND f ~. S I G E F A M 1 Y :x". ,'' °.; Z R E I D E N T I A L ~ ` g:~ ¢ r' ' U - r .;, V A C A N T ~~~ ~` ~, a , FIRST C O M M E C M M E R I A C M E R C I A L L STREET COMMERCIAL STREET J CO MERCIAL O N VACANT m COMMERCIAL VA 08-1 JOHNSON CHAPEL FAMILY LIFE CENTER _ 1309 WEST SECOND STREET ~" P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B-6 ena.., -- .,.~ . ` ~ _~ ~•~. `dld H>IOZl ~o'H'Jd N~>i a ~ '~ ~awaua?a ~ siw fw \ I ~ ~' ~~ I SNGi Tln3i1 NV'1~ iLY IVUmIWd O7flt0"Na ~ . r~Y ca.ta~`rrro~YUaes b~'~~ Ln 1Hf7~19 LTIOOdO 1'I~N 1Dq S~ FIO1RMi0 T/dOOM~' IiO MOM`S' ~ 4 ~' ~y3 y5~~~f ~ y5 s~ $ .k~ ~ 6 r 4 ~ ppyy ll n YY « Z ~ ~.~ ~ ~~~~ ~~ ~ ~ p~u~ _ ~• ._ i *a ~ _ 0 ~ ~ e~ i tij i X ~ ~[ ~. ~ ._.. . ~~--s-- i _. _______ ... .,_ _, ~ }~ ~ .~ ~ • ., }~ _... ) ~ t 1 ~ ~. ......_ ` ` r V/ " fF9f- ~ ~ I ~ __ 1 ~ ~ ~ , ~ NF: ~ ~ ~' i/ ~ ~~ ` f i ~' I * 6 !d ' T OL ~------ 't~. ~ r ~ ~ ~~$l~~ ~ ~~0~~ "A ~ ~3 Ug IU _ , ~ ~,a~ ~ ~~ > °~ Q ~ ~ ~ ~J~ ~ ~ { q SCI ~ Y - ~~ _ _ - _ `_ ~~ ~ ~ ___ _ _ '"a w gg _ j 3 ~~~ ~ ~ g 3 ~ 3~~ ~ ~.8 P i i i 'I ~ %~"":f:{i"rT ~ ~....~-.~. ~CI T3 3 ~~8-, r '' _v ~, ~b w. did H?IOiid H,'Jd N~>I - aouE. a~pxp q~qq ~44Y'.. ! ~.. ~i4"'T' ,• ~~.. ~ a ~ @aO~Yq 19'8T 90F7 s ~ n y n uw ~ \ ~ ~ I ~~' F10~ 17d00~1~ti'~ Q a.. ~3~2 ~ ~ ~ ~~~ ~ ~ ~ ~ ... _ ~ 7Mi o"a~ @ ~$'~ ~.~. ~ ~~ _._ _ _ _ .__ . ~__ _ ~ s ~,.p. ~ _____ _.__. ___ ~_ ~ ~ __ _~ ~~~, ? Y~ d d ~a d ~~ ~~~~ ~~~ - ~i ~.~ ttli t ~~: ~ n ' 4: ~ .. v ~. ~'^~ ° .„ -_ .: ~ .. • r ,~ ,. ;„ -- ~ i ~ ~ _ __ b `\ \ ~ ~ ~ ~ ~ i .., r .a... I ~~ ~.~~~/ ~, 1-~ {nY ~ . 9 ~.... 777111 ~~ i tt _.. 5qq~ Z~ k~ ~ ~ U1 ~ ~ R(~'{ T ~~ x~ ~ •,/ i 1, : # ~ I ~ ' /~x~ ` tY `~ ~ ` w 'r--~ 1 /~y~ i ~ ~ ~ ~ ~ ~ ~ik % @` \ 1 •' *, 1 ! i ~• ~, ~~. ~ a a ~ .. •~ ~' ~ 4un~iYU• ~ ';\ ~ ~. _~.... ~.~ ' Q ~~ ~~ ~ i .. '. _ _ ._.._. ~~~~ a -- - __ __ _. _ _. ~~~t - _. ,. L ~ ,F ~ . ~~ s sl Y ;. ' ., :, f ~~~~': ~~ a~~~ J ~B 1 31 IQIT 4 ' ~ ~ ~~~ ~~ "~ ~'V'ib' HYIOZIV H'Jd N~>1 Ji"~~ +: . r... , . ~. ....I , ~ . ~ ~ _ WlfafiYiAO RANY~J `~ ~ . I ~ I ~ I S x 0 1 5 1 A 7 tl ~ sG~l/s va blN YWCB n'~•~• ~n )2 1~Beit9 tlhK~J'8D a4Wn TOi! ~ ~ ~~~~M~ _ ~a~V Q _. ~ ~../ ~n~p~' . . 1 ~ ~~~~ ~ ~ ~ ~i~ ~ • p C ~ ~ ~ ~ Qr~g ~ ~~ ~~~~ 9v6~ ~ k ~~~Y~ ~ ~ II rr yy ......._._~__.____ ......___. _.....-.-__. _ I r.____.__ , ~. .~.... ___.~_~ .M ~ `..__ _ . __-r ~ I ~, ~,, A, >x d T{^! A ~ ~!J ~- ~ I ~ ~ F ~ j ~~~Sp ( ~~~Q 1 P~ s .. ~.qq~k T F k Jt tit A ' 4 ~$ ~ b I ~ ~- ~iI R 91 ~ _ _ _ _ _ _ LJ --~' --` e .a a I _____.____. - 1 ' ~ t, ~ 4 ~ ~ ~V11, I IYR t~ ~ ~~ ~ ~° ~ .,.: a LL 111 f ~ ~~~'~ I~ ~}~ 4 __......~. = 1 I ~ ~^`{~ (''-~ ~ ~ ~ rk ig4 \/ ~ ~ ~ I ~.___....... I ~' j ''~ } ~ zH y 1.17 l_U l.-U ~Jl ~ ~~ ~~p~ll ~ __... Tf CCU a~ -~\ y C=D C. . i ~ ~ r, E I ~ ; i __ 7 6 ; a§ .. LJ 4~ ~! ~ ~ ~ R `'~x~ j ~ ~ } ~1 I ~~~5~~ ~.,. ~ ~~~~ ~ ~ I ,~,~_..... ' 0.1 ., ~ 8° ,.,,,.. I ~~ ~ _._ I 4 Ort M 7b41~'1'i@F~ ~_.. ~___._ 1~ ~ ~ ~ S ~ __ * ~ i\ / ~~4$~~ C~J _~~ ,L.A ~ ~ 1 I 1 a. ~ S w it _ Pk ~ I .., ~ ~ M yxett }~~ ~ N}OM I I ! auw ti+tY aal N 1KV 1M' r caUq N+t 7 ~ t ~ ( I ~ i ~ Y a~ 3~g~ ~~~~ 31 B ~~e 2 of 2 k ik }, Q t `a ~, O E W r Q ~! x ~ y ~~,- ~, KO-3/6/08 RESOLUTION NO. 2008-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-01 AS CONDITIONED TO ALLOW A REDUCTION IN SETBACKS FOR THE PROPERTY LOCATED AT 1309 WEST SECOND STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2008-01 Variance No. 2008-01 to allow a reduction in setbacks for a new family life center at 1309 West Second Street. B. Variance No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 25, 2008. C. Variance No. 2008-01 has been filed with the City of Santa Ana seeking to reduce the required building setback along the west property from twenty (20) feet to five (5) feet. Section 41-369 of the Santa Ana Municipal Code requires a twenty (20) foot landscaped setback if a building exceeds fifteen (15) feet in height if adjacent to a residential use. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed reduction in the side yard setback will allow the applicant the ability to construct a new family life center to replace the one demolished for the Bristol Street Widening Project. Due to the conveyance of land for the widening and for the Second Street cul-de-sac, the location of the new Resolution No. 2008- Page 1 of 5 31 B-11 building was constrained due to the irregular shape of the lot. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to develop the property with a project that is consistent with the Community Commercial (C-1) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval is incorporated that will require additional, enhanced landscaping along the west property line to mitigate impacts to the adjacent residential use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed building will be buffered by landscaping to reduce the impact to the adjacent residential use. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as churches and ancillary buildings are permitted in the General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent with Goals 1 and 4 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs and promote the protection and enhancement of sites that are unique community assets. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows infill development that is consistent with the general plan, on a lot less than five acres in size and is adequately served by all required utilities and public services. Categorical Exemption No. 2007-90 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-01, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required building setback along the west Resolution No. 2008- Page 2 of 5 31 B-12 property to five (5) feet for the property located at 1309 West Second Street. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 25, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of February, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Munoz(6) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008- Page 3 of 5 31 B-13 Conditions for Aaaroval for Variance No. 2008-01 Variance No. 2008-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code, and all other applicable regulations. The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planninu Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-33 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to issuance of any building permit, a voluntary lot merger to combine the lots into one parcel shall be recorded. 4. Landscaping along the west property line shall be upgraded to 36-inch box trees. 5. The use at this location is limited to a church and related activities. No thrift shop, full-time school or rehabilitation programming may occur on the premises. 6. There shall be no more than 171 seats or occupancy of the church at any time. 7. The use of the Family Life Center is limited to when church services are not occurring. 8. Prior to issuance of a certificate of occupancy, replace all dead and missing landscaping per the Landscape Development Associate. 9. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved. Exhibit A Resolution No. 2008- Page 4 of 5 31 B-14 10. Prior to issuance of building permits, a final landscape plan shall be submitted to the Planning Commission for review and approval B. Police Deaartment 1. Prior to issuance of any building permit, submit a conceptual lighting plan for the parking lot. Light standards cannot be located in landscaped areas to avoid conflict with the canopy growth of trees. 2. The existing parking lot and building must conform to the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. Resolution No. 2008- Page 5 of 5 31 B-15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2008-09 Variance No. 2008-01 in this action by placing a true copy ereo enc ose m sealed enve opes a resse as follows: Ken Agharokh, AIA 25471 Wagon Wheel Circle Laguna Hills, CA 92653 Johnson Chapel AME Church 1306 West Second Street Santa Ana, CA 92703 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date) at Santa Ana, California. MARTHA RAMIREZ 31 B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: TENTATIVE TRACT MAP NO. 2008-01 (COUNTY MAP NO. 17259) AND SPECIAL USE PERMIT NO. 2008-01 TO ALLOW TWO OFFICE CONDOMINIUMS WITHIN TWO BUILDINGS AT 2020 AND 2024 NORTH BROADWAY - CHESSEN AND ASSOCIATES, APPLICANT RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2008- 01 (County Map No. 17259) as conditioned and Special Use Permit No. 2008- 01 as conditioned. PLANNING COMMISSION ACTION On March 10, 2008, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2008-01 as conditioned and Special Use Permit No. 2008-01 as conditioned by a vote of 4:0 (Betancourt and Gartner abstained, Leo absent) to create two office condominiums within two existing office buildings in the Professional (P) zoning district at 2020 and 2024 North Broadway. The Planning Commission removed Planning Division condition No. 12 of the special use permit (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~ --~ J M. Trevino Executive Director Planning & Building Agency CR:rb cr\repoits\ttm08-O1sup08-Ol.cc 32A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 10, 2008 TITLE: PUBLIC HEARING - FILED BY CHESSEN AND ASSOCIATES FOR TENTATIVE TRACT MAP NO. 2008-01 AND SPECIAL USE PERMIT NO. 2008-01 TO ALLOW TWO OFFICE CONDOMINIUMS WITHIN TWO BUILDINGS AT 2020 AND 2024 NORTH BROADWAY PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Carlos Rodriguez Vince Fregoso t Executive Director Planning Ma ger RECOMMENDED ACTION 1. Adopt a resolution approving Tentative Tract Map No. 2008-O1 as conditioned. 2. Adopt a resolution approving Special Use Permit No. 2008-01 as conditioned. DISCUSSION Request of Applicant Chessen and Associates, on behalf of Core Capital Investments, is requesting the approval of a tentative tract map and special use permit to create two office condominiums within two existing office buildings located at 2020 and 2024 North Broadway. Property Description The project site consists of two rectangular shaped parcels that total 26,673 square feet in size. Each lot contains a three story office above a subterranean parking lot with a combined total of 65 parking spaces. The buildings are connected on the second floor by a breezeway that allows access between both structures. The buildings are occupied by several administrative office businesses. Although the site is comprised of two individual lots, the buildings function as one structure and are tied together by a recorded covenant. EXHBIIT A 32A-2 Tentative Tract Map No. 2008-01 Special Use Permit No. 2008-01 March 10, 2008 Page 2 The property is located within the Professional (P) zoning district and has a General Plan land use designation of Professional (P). Surrounding land uses include professional offices to the north and south, professional and residential to the east and single-family residences to the west (Exhibits 1 and 2). Project Description The applicant is proposing to obtain a tract map and special use permit to allow an air-space office condominium project. Each building will be one condominium unit that will allow the buildings to be sold individually (Exhibits 3 and 4). Minor site improvements will be made to comply with the requirements of the condominium conversion ordinance. New meters will be installed to separate the two condominium units as well as a separate meter for the site lighting and irrigation. Also, tenant improvements such as new walls and lighting are proposed for this project. No exterior remodel or expansion or landscape improvements are proposed with the project. Analysis of the Issues In 2007, the City Council adopted an ordinance which created regulations for the conversion of commercial and industrial sites into air-space condominiums. Sections 41-1800 through 41-1809 of the Santa Ana Municipal Code (SANG) created zoning regulations and Sections 34-180 through 34-185 established subdivision standards. These standards were created to ensure that commercial and industrial condominiums would remain economically viable and would not negatively affect the surrounding areas. Concern with the subdivision of larger commercial and industrial centers into small condominiums could create situations of neglect and blight because of the inability of the owners to properly maintain the site. In addition, it was necessary to ensure that all owners were granted access to areas of the site such as parking spaces and common areas. The ordinance also established the special use permit, a new method of approving condominium conversions that require Planning Commission and City Council approval. The applicant is applying for a special use permit for the condominium conversion. A special use permit is similar to a conditional use permit as it allows staff the ability to impose conditions on the project. The special use permit also requires the submittal of several documents that 32A-3 Tentative Tract Map No. 2008-01 Special Use Permit No. 2008-O1 March 10, 2008 Page 3 discuss the improvements and long-term maintenance of the project. The first required document is an improvement plan per Section 41-1804 (a) of the SAMC. The purpose of this plan is to identify potential upgrades to the building that bring the building into compliance with construction standards. The plan must provide details of the site's ability to comply with off-street parking, sound transmission, energy efficiency, open space, setbacks, adopted design guidelines, and landscaping. The applicant has submitted documentation that addresses some of the items noted in the improvement plan (Exhibit 5). The improvement plan was required to be submitted along with the site plan review application, which was received in December 2007. However, since this was the first project subject to the new ordinance, staff allowed the applicant additional time to submit the improvement plan and deferred the plan's submittal to a later date. Due to the immediate need to review the improvement plan, a condition of approval has been added that requires submittal of the plan prior to the application's review by the City Council. Off-Street Parki The two existing buildings currently have 65 parking spaces in a below- grade tuck-under configuration within two separate parking lots while 105 stalls are required. Therefore, this building is short 40 parking spaces. This equates to a ratio of one space per 538 square foot of office space, while the current parking requirement for an office use is three spaces per 1,000 square feet. A covenant will need to be recorded to allow both parking lots to be utilized by the two condominium owners and their building tenants. Since the parking is below grade, it is not feasible to add additional parking stalls. Further, structural support columns are located throughout the parking area and restrict the ability to add parking stalls. The site is also surrounded by office and residential uses that restrict the ability to provide additional on-site parking. As existing, the site is legal non-conforming due to noncompliance with the parking standards for office development and may continue to remain in its current condition. The special use permit allows relief from the standards if the applicant provides proof that compliance would be financially or practically infeasible. The applicant has submitted documentation on the infeasibility of adding parking to the site. 32A-4 Tentative Tract Map No. 2008-01 Special Use Permit No. 2008-O1 March 10, 2008 Page 4 Sound Transmission Although the Building Code does not require sound mitigation for commercial and office projects, the applicant retained an architectural and engineering firm to conduct a review of potential sound transmission issues for the project. The adjoining walls of the buildings are constructed with four inch bricks and are separated by a two inch gap. The architect determined that the brick material, in conjunction with the building separation and gap will minimize sound transmission between the two condominium units. Energy Efficiency Compliance with current energy efficiency standards would be infeasible for this project, primarily due to the significant changes in the building code over the past 40 years. At a minimum, improvements such as the removal and replacement of the exterior glazing, the replacement of all insulation within the interior walls, new interior lighting, and the replacement of all mechanical equipment would be needed. Preliminary analysis done by the architect/engineer has identified a minimum cost of $150,000 dollars to upgrade the building. Open Space The provision of public and/or private open space is not a requirement of the Professional (P) zoning district and is not incorporated in the project. Each building does contain an interior open space in the form of a lobby that is shared by all tenants. ~Pt-ha~ka The Professional zoning standards require a 15-foot landscape setback along Broadway, while a 14-foot landscape setback is provided. Due to the grade change of the parcel, the applicant is not able to provide the additional foot of landscaping. The building does comply with the 15-foot building setback standard as it is 32 feet from the front property line. Additionally, the site meets all other setback requirements for the zone such as interior property lines, which was granted a variance in 1961. 32A-5 Tentative Tract Map No. 2008-O1 Special Use Permit No. 2008-O1 March 10, 2008 Page 5 Design Guidelines The building is required to comply with the recently adopted design guidelines for an office development, including architecture, parking lot layout and building appurtenances. The site complies with the guidelines as the building has a contemporary architectural design style and no exterior appurtenances or visible roof equipment. A condition of approval is proposed to upgrade the site through the repaving and restriping of the parking lot. Landscape Due to the change in grade and tuck-under parking condition, a minimal amount of landscaping is found on the site. Further, as the majority of the parking stalls are located underneath the building, it would be impractical to add planters to the site. Adding landscape planters to the few open parking areas would reduce the number of available on-site parking and make the site more non-conforming. However, the landscaping that is on the site is primarily in the front yard setback and located within landscape planters. In an effort to bring the site's landscaping into closer compliance with current code, a condition of approval is proposed that requires the removal and replacement of the front yard landscaping. The specifics shall be incorporated in a landscape plan that must be approved by the Planning Manager and shall include details on plant materials, irrigation and maintenance. Section 41-1805 of the SAMC requires separate meters for the units. In addition, it requires all signal transmission and receiving equipment to be screened. The metering includes electric, gas and water service for each unit as well as separate meters for the common areas. The applicant has confirmed that separate meters will be provided to comply with this section. Finally, Section 34-184 of the SAMC requires the approval of a management plan for the project. At a minimum, the management plan shall include provisions identifying the long term maintenance schedule and standards for the site, Covenants, Conditions, and Restrictions (CC&Rs) for the project, the method of governing vacant and/or unsold units, and easements and reciprocal agreements between the units. The applicant is aware of the requirements of this plan and will formally submit this plan prior to submittal of the final tract map. 32A-6 Tentative Tract Map No. 2008-01 Special Use Permit No. 2008-01 March 10, 2008 Page 6 In addition to the special use permit, a tract map will be required to create the air-space condominium units. As proposed, the tentative tract map complies with the subdivision regulations of the City as well as the State Subdivision Map Act. A condition of approval has been added that requires utility meters and all improvements to be completed prior to the recording of the final tract map. The CC&Rs and easements must be recorded prior to the recordation of the final tract map. The CC&Rs will address the long term maintenance issues for the site. In summary, the special use permit process allows the City to evaluate the condominium conversion project. Additional documents are required by the applicant that outlines all proposed site improvements as well as future site maintenance. This information provided by the applicant identifies several existing site conditions that do not comply with current development standards. Although the project does not meet with all of the current development standards, the site has been well maintained and conforms to the Citywide Design Guidelines. As existing, the project is not required to meet the current development standards as no building expansion or exterior remodel is proposed. Only two units are proposed and the smaller number of condominiums allows for a greater control and accountability of site maintenance. Additionally, the requirement of a maintenance plan and CC&Rs will allow site improvements and maintenance to be completed in a more effective and efficient manner. Approval of the project will result in a site that is consistent with several policies of the General Plan. Policy 2.8 of the Land Use Element encourages the rehabilitation of commercial properties and capital investment within the City. Policy 2.7 of the Land Use Element emphasizes supporting developments that create a business environment that is safe and attractive. In addition, Policy 5.5 encourages development that is compatible and supportive of surrounding land uses. Lastly, Policy 5.1 of the Land Use Element encourages developments that have a net community benefit. Based on the analysis of the project and the project's compatibility with the General Plan and applicable development standards, staff recommends approval of Tentative Tract Map No. 2008-01 and Special Use Permit No. 2008-01 as conditioned. 32A-7 Tentative Tract Map No. 2008-01 Special Use Permit No. 2008-01 March 10, 2008 Page 7 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2007-214 will be filed for this project. Carlos Rodriguez Assistant Planner II CR:jm cr\reports\ttm08-O1sup08-Ol.pc /~/ Vince Fre oso, CP Principal nner 32A-8 MEMORV LN. 3 R R1 R1 LL R1 R1 ? R1 R1 R1 R1 R1 R1 0 R1 R1 R1 R1 R1 ~ w ; R1 R1 R1 R1 R1 R1 ~_ R1 s°s- R1 R1 R1 J R L R1 R1 R1 R1 Av. -- 1 ~ D O Al CE OR. MEMORY W. w 0 ~~ P SD-31 R1 R1 ~R+„~ viR iNw Al R1 D-65 (~ - \ P Ri u R1 R1 11 R1 ~ R1 ~ R1 1=I R1 I Ri ~ R1 ~ R1 I I Ri ~ ~ I P ~MD R1 R1 R1 LL R1 RT W Ri I I Ri I I~ R2 P i~is \ R1 Ri R2 D ~ry ..e ~„ U R1 R E a Ri ~ ~~ R2 o R1 D ~ I R1° . Rz ~9 h s'R1 ~ ; ~ R1 ~ R1 ~ Roil R2 91. LL R1 ~ R1 R1 ~ R1 R1 ~~ + Inn n R1 P R1 _ ro~ P R2 & R2 R1 R1 Ri P1 1 m ,s _ - -- tea, ~ C4 SP SP -ro° Con " o p ~on ~y Ht 9 CS -3 3 R3 R3 R3 R3 4 n,-e Sg S3 -Rnai ro3~ -Knoll roo M1 SP SP SP R3 R3 R3 D M1 R3- sw 3 3 3 M2 R1 R3- R3- R1 3 R1 R1 '- R1 R2 Ro a Ro u 0 R3- H°~~ SP j SP-3 SP-3 H011 3 S3~ ~ ro3 R3 Ro F m M2 53 SP 3 © J55 +~ - ~ M2 R2 R2 R2 P P R2 Ro 2 w R2 P- P-3 Rl Rl W Rl Rl Rt Rz R2 R2 R2 P P R2 SP-3 75 ~ SP-3 ~, M,2 scot Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ TTM 08-1/SUP 08-1 ~ CHESSEN AND ASSOCIATES ~ 2020 - 2024 NORTH BROADWAY - - -SOD FEET 1" = 1000 FEET _ P L A N N I N G A N D B U I L D I N G A G E N C Y R ~~ C1- \~ MD P P ~D- 8 $/ VICINITY MAP 3 EXjil BIT 1 W O F F I C E U J Q _ ~ V A C A N T ~ Z O ~' ~JJ > O ~ ~ O F F I C E O W Q W ~ ~ 1°fIZ~J11~fiM~ ti ~ a ~ ~ Q W O W ~ 0 ~ ? ~ ~~ ~ 2 y V _ ' m W ~ ~ W W U U J _ ~ O Z ~ 20TH ST. 0 TTM 08-1 ~\ CHESSEN AND ASSOCIATES ~„ 2020 - 2024 NORTH BROADWAY P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32A-10 <wp o°o i w ~~ ~ ~ ~i p~6~ ~~g~~ta p ~Y~ !@e ~ 6 ~6~°@ay III ~ I i; ~ a II II II II IIIII ~ I I I II II II II II ~ ~ a~ ~ ~< ~l ~ ~~ T _ ~~QOOp~ ~ ~ ~ y} Q 8 ^~~g9~~ p~~ ~ 9 ~ ~ ~ y °2 ~1~ j` 4 < ~ ~ s ~ ' ^ iY. ~ _ o ~ ~ W yy ~S ~ ~ 4 [[5 {99~ 5 ~5 a€~E9dp€p E ~~ ~ ~~ j " W Q FF $ W ~ ~ G 'tj ~ ~ ~ W w o R ~ ~I EI . > d ~ d~ F „ xk EH Bl~9 ~l3[d I l i 1 <~~ 1 1 ~~ 1 1 ~i 1 ~ ~ S ~ ~ Q E W E ~ z " a ~ ~ ~! 1 ' ~ ~~~ ~ ~ e ~~~ r~~ ~~~~~~ ~~ ~~ ~3 R ! ~~ ~g 5~€~ €~ r ~~~~ ~~¢ ~ ~~~p~r ~~ t ~ ~b ~b~ p~~ @ g~€€gt9 F ~~! ~ a ~ 4 6 ab ~~ bb~- ~ €9gc~~ b ~' €pA Q: 6 ~ E €€ ~ ~ r a r~ b B d ~ e~ ~ ~a~a ~ ~~ ~ ; g~;g 5 eg~ ~~ b ~~ ~ ~~ ~~~ t~€E~~ b~ b~7~~ i ~Q ~ 3 ~ ~ ` ib p ~ pb p 888 G~€~g~~pe ~ F {~~lb s=s ~ ~ ~~b6~~lF € F~54t.t ~~~ €~4 ~ ~~ I S ' - 5555 : > - 5755 P ~ ~ ~ ~ ~ ~ ~B~IR ~ ~ ~~ ~~BBR U 6 ~C ~ ~ N W ~ ~C~~~ V~ ~ F F F W Z 2 W F F W 2 2 ~~ ~~~ ~ yy y~ ~ s tt E;® es~~~ ®0 B t I II ~~ ~ ~ EE E gg Y~ E ~ ~ ~ ~~ ~~ ~~~~~~~ ~ 8 ! ®a®1 i ®b 0~ s ~ ;~ ~ o !F!F ~ ~ ~ ~ ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ f ~~1 !i ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~~ . a BBB®B BBBB ~O~~m~~0 _ i~_ s I' t^ p -- ._.... ._ r ~_. - ~ 3 ._.. ! i z 0 z ~=r~ aE ~ tl~ ~~~~~~! ~~s~ ~ ~ ~; ~ ~~~ ~~~~~ ~~ ~~ [ e r cr ~ € i~b~ i ~ e° ! ~ ~~ s s~~ ~~ a~ ~~ ~ ~i yy p Ep ~y y yi rF€ e ~~i ~ R b 1~ 6 b ~ •~~~ ~ ~i~~pf '~ ¢! ~ ~b b b ~~ ~a ~ ~~ ~ ~ ~d76 ~ ~[~~~$ S 6~F E b~ ~~ a~ pr r+ p~ t ~ b ~~r~ b~ rQ€R ! ~ TTM U~1 ~1 E p ! P D R R R R r x P p p p F F R p • ~ s ® 8~~ ~ ~~ o~ n 0 0 e z ___ ~~ B~~? B ~' ~~ a i e ¢ 0 ~b. ~ e a b H ~R ~ B=~ ~~= ~e ~$ e3 8 9 a ° o~a~d ooo~ o ~ ~ @ ~ ~~ ~~~~y ~~~~s E ~leydgy~e {E p e i ~ ;! ail . , I, ~, ,, ~, , ~ II II II II II II II II II ~~ ~ <~ ~ ~~ T ~ ° o vr ~ +56 ^• E 4~i~ S ~ ~ a 9A~ C9 ~I4 ~ ~ ~ S a ~ < ~ b ~ ~ ~~ RR ~ m p o ~ o _ ° G y E WR'~ [ C l § e p~% "y A[ § ~ Efp ~ QW FW ~ F ~ ~ W ~ ~ ~ Q ~~d Sid°O ~ ! i + B~FB~~~sB~9~~~i 9 I I I e~ I I ~~ I I a~ I I a~ b E a~ 3 g = E ~u 3 ~" TTM~~/~~~ $ 1 R ! C P R o . _, ~ R k 9 ~ a g A~ ~ g ~ i4. '<!' ~ R ~ y -. - . - . ~ a. ~ R ~ F p - 7 ~F W N I e B ~ 0 R 8 W R C q F ® F I '~ R R • ~ s 4 ~° ~' ~ w o e s ~ ~ Y za d @ ~~ ygyg ~)) a~l~ g95 a ~ ~ ~S IIIIIIII ~ I l l l i l l I ~ Fo Foo oa W $ ~ ~~ 3 q5¢ 6 G ~spe 4 ~ sv~ e~ II it II II a i~ i~ ~I~ II E „ ~<~ ~ ~ T ~ono4~ ~~~ SE ~ ry~ EE ~ W~2 i ~ Q § ~~5p~ ~xx~SS~I3 ASS {€gg{~ ~p ~dg~gpgbq ~g ~ ~ ~ y w ~ ~ ~~ {{ § WW ~ o as 6 g` ~ Z~ ~ o ~ u ~ R ~ C m T C Q Y~"d Marv r [ s 2 ~~~84~Aa ~8E~3~2 I I I a~ I I a< I I a~ ai "~ \i ~ 5 f `~ ~ ~ b Y' " ~ l~-.ri g 8~~ ~~~ ~~ ~. ~" R 8 B R E ~, 818 , 8~~ _! 6 e ~ ° ~ a ®~ ~ a B~A a e ~ ~ e~ I ~ I L__ 8 a ~ - _. 32A-13 R S R p R g ~' i 9 ~~ ~' 4 x ~ x A ~' ¢ m a F F R ~ Q Z ~~ ~= fi Z Z Y ~ ~ Y e~ J J {{.LL ~ ~ °zo • ~o ~ . _ 3 _ 5 p! e p ~$H ~ `6 ~ s g°~ a # ~~~'` a ~ ~q sggg~~~g i i i i i i iii g ~ ~ ~ ~`~ 3~ ~ R ~~ ~~1~ _~ ~g~~q~y3~i~ 4 y a~ ~~~ - a0~ ~ Q ~'? v,,..na=~c$'~.. ea se ee ae e ~ / \ 0Y n dd B~ <~ 8 1 A ~ e~. II~~ 6 ~ en ~ ~ 8~~ ~R e e . o ~'~ •~. )8. 18 ea~o ~ _ ~° 8~~ P ~ e~~0 8~ °p 32A-14 4877 E. La Palma Ave. Ste. 707 WESTERN STATES Engineering, Inc. Anaheim, CA 92807 (714) 695-9300 (714) 693-1002 fax License # 723791 www.wsecmc.com February 19, 2008 City of Santa Ana Planning & Building Agency 20 Civic Center Plaza (M-20) P.O. BOX 1988 Santa Ana, CA 92702 ATTN: Vince Fregoso, AICP Senior Planner RE: DP NO. 2007-80 (MASTER ID NO. 2007-79811), ER NO. 2007-214, CORE CAPITAL OFFICE CONDOMINIUMS AT 2020-24 NORTH BROADWAY Subject: Title 24 and Soundproofing Report Dear Mr. Fregoso, On February 13, 2008 Western States Engineering conducted a visual inspection for the properties located at 2020 and 2024 North Broadway in Santa Ana in order to verify compliance with the requirements for off street parking, noise transmission, Title 24 energy conservation, open space, setbacks, design guidelines, and landscaping. The inspection revealed the following: 1. Off Street Parkin: The parking is a subterranean and partially extends to the exterior of the building. The parking required for the 35,017 square foot building (3/1000s.f.) would be 105 spaces while only 65 spaces are provided. Due to building structural elements and available space no additional parking spaces can feasibly be added due to these physical constraints. 2. Sound Transmission: The walls separating the two buildings are built with solid 4" brick (excellent barrier for low frequency sound waves).The two existing walls are separated by a 2" gap. It is our opinion that in a normal office setting the combination of the two solid brick walls and the 2" separation between provides sufficient soundproofing and noise reduction. 3. Title 24 Requirements: To meet the current Title 24 energy conservation requirements would be a major hardship in that it would require researching all the existing light fixtures and equipment; breaking into existing walls and roof spaces to determine existing R values; and, possibly replacing all glazing not meeting current heat loss, heat gain, or infiltration requirements. The process would be very expensive and time consuming. The cost associated with the above compliance is estimated to be $150,000. 4. Open Space: There is no open space provided other than the 14ft landscaping setback provided along Broadway Street and an existing lobby area serving both buildings. ~~XH181T 508-1 Setbacks: A 15ft setback is required along Broadway Street, while a 14ft landscaping setback is existing and cannot be expanded due to the existing driveway access from the street to the subterranean parking. 6. Design Guidelines: No mechanical equipment, electrical equipment, or utilities are visible from the street or surrounding areas. There are no downspouts. 7. Landscaping The existing 14ft setback is landscaped and some planters are provided between the two driveways leading to the subterranean parking. There are no other areas available for planting. If you need further information or have any questions please feel free to contact me at (714) 695-9300. Sincerely, Joseph Karaki President 32A-16 KO - 3/18/08 RESOLUTION NO. 2008-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2008-01 AS CONDITIONED AND SPECIAL USE PERMIT NO. 2008-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2020 AND 2024 NORTH BROADWAY (COUNTY MAP NO. 17259) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Tract Map No. 2008-01 (County Map No. 17259) and Special Use Permit No. 2008-01 to create two office condominiums within two existing office buildings at 2020 and 2024 North Broadway. B. Tentative Tract Map No. 2008-01 and Special Use Permit No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 10, 2008. C. For Tentative Tract Map N. 2008-01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential designation on the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Tract Map No. 2008-01 (County Map No. 17259) is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Tract Map No. 2008-01 (County Map No. 17259) is in keeping with the provisions of the site plan review (DP No. 07-80) and Chapters 34 and 41 of the Santa Ana Municipal Resolution No. 2008-10 32A-17 Page 1 of 10 Code, all of which pertain to the subdivision of land and development standards for the site. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Tract Map No. 2008-01 (County Map No. 17259) is proposed fora 0.612-acre parcel of land within an area that is zoned Professional Office (P). The site has been determined to be capable of supporting the type and density of the proposed project. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No fish or wildlife will be affected by the approval of this map or by the design and improvements of the project. Environmental Review No. 2007-214 has been prepared for this project and has not identified any adverse environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems. The design and improvements associated with this project will comply with minimum City standards. Separate utility meters will be provided for the project and will not have any impact on public health. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of Tentative Tract Map No. 2008-01 (County Map No. 17259) will not create conflicts with any easements necessary for public access through the subject property, as no such easements currently exist. D. Pursuant to Section 41-1807, to grant a Special Use Permit, the Planning Commission must make the following findings: The proposed common interest development will not adversely impact the economic viability of large scale commercial and industrial uses in the vicinity of the development or in the city as a whole. The proposed office condominium project will not negatively affect the surrounding commercial properties. The site is located on an arterial street and within an office corridor of the City. The existing building and site will remain as existing and only minor improvements are proposed with this project. Policy 2.8 of the Land Use Element encourages the Resolution No. 2008-10 Page 2 of 10 32A-18 rehabilitation of commercial properties and capital investment within the City. The cosmetic changes to the site will attract additional office businesses to the site and will promote the Broadway Corridor as a professional office district. 2. The proposed common interest development includes sufficient provisions for governance, funding, and capitalization and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development. The creation of air-space condominiums will not negatively affect the property maintenance of the project site. As existing, the site is well maintained and the creation of CC&Rs will facilitate the future maintenance between the different building owners. Policy 2.7 of the Land Use Element emphasizes supporting developments that create a business environment that is safe and attractive. In addition, the condition of approval will require the continued removal of any graffiti that may occur on this site. 3. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein. The proposed office condominium conversion project will maintain the existing parking and common areas open to all condominium owners. Additionally, the Covenants, Conditions, and Restrictions (CC&Rs) will ensure that all parties are granted access to the site. These CC&Rs will be recorded prior to the recording of the final tract map. Policy 5.1 of the Land Use Element encourages development projects that have a net community benefit. The proposed condominium conversion will give an opportunity for business owners to own their own building and to remain within the City. 4. The proposed common interest development complies with the goals, policies, and objectives of the City's general plan. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of General Commercial (GC) allows for office developments. The proposed building will be consistent with the goals and policies of the City's General Plan. Policy 5.5 of the Land Use Element encourages development that is compatible and supportive of surrounding land uses. The project site is located with an office corridor of the City and will maintain the character of the surrounding office developments. Resolution No. 2008-10 Page 3 of 10 32A-19 E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows for in-fill projects in urban areas on project sites of no more than five acres. Categorical Exemption Environmental Review No. 2007-214 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Tract Map No. 2008-01 (County Map No. 17259) as conditioned in Exhibit "A" attached hereto and incorporated herein. The Planning Commission after conducting the public hearing hereby approves Special Use Permit No. 2008-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated March 10, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of March, 2008 by the following vote: AYES: Commissioners: Alderete, De La Torre, Mill, Munoz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: Betancourt, Gartner (2) Harvey De La Torre Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Bv: Kylee O. Otto Assistant City Attorney 32A-20 Resolution No. 2008-10 Page 4 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-10 Page 5 of 10 32A-21 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP N0.2008-01 (COUNTY MAP NO. 17259) Tentative Tract Map No. 2008-01 (County Map No. 17259) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 2. Prior to submittal of the final map, submit a management plan per Section 34-184 of the Municipal Code. 3. Prior to submittal of the final map, submit a conversion plan per Section 41-1804 of the Municipal Code. 4. The CC&Rs must include language that requires all required landscaping must be installed within a specified time period. 5. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 6. The final map must be approved and recorded prior to issuance of building permits. 7. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 8. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 9. The project must be in compliance with the provisions of Site Plan Review (DP No. 07-80). Resolution No. 2008-10 32A-22 Page 6 of 10 10. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 11. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 12. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 13. Developer shall provide as part of the conditions, covenants, and restrictions that the owner of the lots shall immediately remove any graffiti placed thereon. The graffiti shall be removed within 24 hours. Resolution No. 2008-10 Page 7 of 10 32A-23 CONDITIONS OF APPROVAL FOR SPECIAL USE PERMIT N0.2008-01 Special Use Permit No. 2008-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this special use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the special use permit. Failure to comply with each and every condition may result in the revocation of the special use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 07- 80. 2. Prior to submittal of the final map, submit a management plan per Section 34-184 of the Municipal Code. 3. Prior to submittal of the final map, submit a conversion plan per Section 41-1804 of the Municipal Code. 4. Prior to submittal of the special use permit to the City Council for approval, submit an improvement plan per Section 41-1804 (b) of the Municipal Code. The plan shall include the following items: a. A statement of the current and proposed management program; b. A statement of proposed assessments and fees to be charged to the owners; c. Notice of submission of application for public report, which includes the improvement plan and capital reserves; d. A preliminary inspection report by the City's Building Official that identifies whether the building is in compliance with Chapter 8 of the SAMC; Resolution No. 2008-10 Page 8 of 10 32A-24 e. Compliance of the water delivery system capable of meeting the city fire flow requirements; f. Compliance with the Building Security Ordinance; g. Compliance with the National Pollution Discharge Elimination System (NPDES) and the Americans with Disabilities Act (ADA); and h. A current structural pest control inspection report. 5. The existing nonconforming monument sign shall be brought into compliance with the City Sign Ordinance. 6. The existing parking lots shall be repaired, repaved and restriped to comply with current code. 7. A landscape plan shall be submitted to the Planning Manager for approval. The plan shall include the removal of existing landscaping (as identified by the Landscape Development Associate) and specifics on new plant materials, irrigation and maintenance. 8. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 9. Any amendment to this special use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 10. Developer shall provide as part of the conditions, covenants, and restrictions that the owner of the lots shall immediately remove any graffiti placed thereon. The graffiti shall be removed within 24 hours. 11. Each condominium shall have a separate electrical meter, along with a separate meter for the landscaping and site lighting. Resolution No. 2008-10 Page 9 of 10 32A-25 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the foreggoing document described as: Resolution No. 2008-10 tive Tract Ma No. 2008-01 and S ecial Use ermi o. in is action ;mg a true copy ereo enc ose in sea a enve opes a resse as follows: Milad Queijan Western States Engineering, Inc. 4887 East La Palma Avenue, Suite 707 Anaheim, CA 92807 Rashan Bhata Core Capital Investments 1800 Century Park East #600 Los Angeles, CA 90067 Chessen and Associates 3420-3A Calle Azul Laguna Woods, CA 92653 [ J I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date) at Santa Ana, California. MARTHA RAMIREZ 32A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2008 TITLE: RESOLUTION SUPPORTING THE REDUCTION OF UNDERAGE ALCOHOL USE (~' CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution supporting the reduction of underage alcohol use. DISCUSSION The City Council of the City of Santa Ana and its Police department recognize and support community concerns to improve health and provide supportive environments for children and youth. According to the 2006 California Healthy Kids Survey, alcohol is the number one problem facing Orange County youth. Nearly two-thirds of Orange County youth surveyed reported that they had alcohol at least once a month in the six months prior to the survey. Youth in the City of Santa Ana cited that social sources, particularly older friends, family members and school parties are the primary source of alcohol. One alternative way to address underage drinking is to ensure that our youth have activities that engage and involve them. A fundamental approach to decreasing underage alcohol use is through reducing social and commercial alcohol access to youth. Conducting community awareness campaign targeting youth and adults, and providing complimentary activities and educational components address the reduction of underage drinking. FISCAL IMPACT There is no fiscal impact with this action. Paul M. Walters Chief of Police Police Department 55A-1 PJC-9/5/07 RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE REDUCTION OF UNDERAGE ALCOHOL USE 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. According to the 2006 California Healthy Kids Survey alcohol is the number one problem facing Orange County youth. B. Nearly two-thirds (62%) of Orange County youth surveyed reported that they had alcohol at least once a month in the six months prior to the survey, according to the 2006 Youth Access to Alcohol Survey conducted by the Orange County Health Care Agency, Alcohol and Drug Education Prevention Team. C. Youth in the City of Santa Ana cited social sources, particularly older friends, family members and school parties, as the primary source of alcohol. D. The City Council recognizes community concerns to improve health and provide supportive environments for children and youth. E. One alternative way to address underage drinking is to ensure that our youth have activities that engage and involve them. F. A fundamental approach to decreasing underage alcohol use is through reducing social and commercial alcohol access to youth. G. Conducting community awareness campaign targeting youth and adults, and providing complimentary activities and educational components address the reduction of underage drinking. Section 2. The Santa Ana City Council does hereby support underage drinking prevention organizations in their efforts to improve understanding among Santa Ana youth, parents and the general public about relevant alcohol-related laws and consequences of underage alcohol use. Resolution No. 2008-XXX 55A-2 Page 1 of 2 Section 3. 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 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2008-XXX Page 2 of 2 55A-3 I, PATRICIA E. HEALY, Clerk of attached Resolution No. 2005-XXX Council of the City of Santa Ana on _ Date: the Council, do hereby attest to and certify the to be the original resolution adopted by the City Clerk of the Council City of Santa Ana 55A-4 Resolution No. 2008-XXX Page 3 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: RESOLUTION APPROVING PROPOSITION 1B PROJECTS APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER MENDED ACTION Adopt a resolution approving the project list for Proposition 1B allocation for Fiscal Year 2007-08 as required by the State Controller's Office . DISCUSSION At the November 6, 2006 election, the voters passed Proposition 1B (Prop 1B) to allow the state sell $19.9 billion in general obligation bonds for a variety of transportation priorities for cities and counties to fund the maintenance and improvement of local transportation facilities. These improvements include local street and roadway improvements, congestion relief and traffic safety projects. The share of the fund that the City is allocated is determined by the State Controller's Office. In order to receive the funds, the City must approve a plan for use of the amount of funds available in 2007-08 for the city. The grant funding will provide Santa Ana to receive a total estimated allocation amount of $11.4 million. The City's allocation in FY 07/08 is $5,684,648 based on the population percentage of the County's total. Eligible projects include maintenance, improvements on City streets and roads, and traffic reduction improvements. The Public Works Agency has developed a plan with a list of eligible projects for this funding. A number of local and arterial streets have been selected as part of the plan. The selected projects are high priority and include pavement rehabilitation and replacement of damaged curb, gutter and sidewalk. 55B-1 Resolution Approving 2007-08 Proposition 1B Projects April 7, 2008 Page 2 The capital improvement projects are listed below: Project Description McFadden Avenue Rehabilitation (Standard to Maple) Standard Avenue Rehabilitation (Warner to First} Local Street Rehabilitation Fairview/Harbor Traffic Signal Interconnect System Detection & Transportation Information System Traffic Signal Capital Improvement The traffic projects that include Fairview/Harbor signal interconnect and System Detection and Transportation Information System would use Prop 1B Funds to provide matching monies. The traffic signal capital improvement project is to replace outdated signal equipment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Revenues received from Proposition 1B will be allocated to the projects as part of Capital Improvement Program in FY 08/09. APPROVED AS TO FUNDS AND ACCOUNTS: _. James G. Ross Executive Director Public Works Agency ~~~u ~~~~ ~/~Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency ~,r 55B-2 3/17/08 les RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2007/08 FUNDS 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 November 7, 2006, the people of the State of California enacted the Highway Safety, traffic Reduction, Air Quality, and Port Security Bond Act of 2006 Proposition 1 B, which authorized a total of nineteen billion nine hundred twenty five million dollars ($19,925,000,000) in General Obligation Bonds to be sold to carry out the purposes chaptered in this proposition. B. One component of Proposition 1 B (Prop. 1 B) is known as the Local Streets and Road Improvement, Congestion relief, and Traffic Safety Account of 2006 (LSR), which requires the deposit of two billion dollars ($2,000,000,000) of authorized bond funds, available upon an appropriation, forthe purposes specified in this subdivision, 50% to counties, including a city and county, in accordance with a formula and 50% to the cities, including a city and county, by population, with a minimum of $400,000 to be allocated to each city. C. The City of Santa Ana will receive, an allocation of $5,684,648 based on the city's population percentage of the county's total population. D. In order for the City to satisfy legislative requirements and receive first cycle Prop. 1 B LSR funds, the City of Santa Ana must adopt a list of proposed Prop. 1 B projects by resolution as part of the City's Capital Improvement Budget. Said list of projects must be submitted to the Department of Finance (DOF) using the template provided by the DOF. E. The City of Santa Ana intends to enter into an agreement with the County of Orange addressing the terms and conditions of the Prop. 1 B LSR funded projects, the description of eligible city projects, and the specific amount of Prop. 1 B funds that City will receive. The City of Santa Ana will receive additional Prop. 1 B LSR allocations in the future. F. The State Controller's Office also requires that the Lead Agency include a financial plan that demonstrates how the projects submitted for inclusion in the Proposition 1 B can be implemented. G. The City of Santa Ana, as the Lead Agency, possesses the legal authority to 55B-3 3/17/08 les submit the projects for inclusion in the Transportation Improvement Program and to finance, acquire, and construct the projects. Section 2. The City Council of the City of Santa Ana affirms its continuing commitment to the projects submitted for inclusion in the Proposition 1 B as set forth in Exhibit A. Section 3. The City Council of the City of Santa Ana commits that the City of Santa Ana, as Lead Agency for the projects, will carry out the projects consistent with the plan and schedule. Section 4. The City Council of the City of Santa Ana certifies that the City of Santa Ana, as the Lead Agency, will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other Federal, State, and/or local laws, rules and regulations. 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. 55B-4 3/17/08 les ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- 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 55B-5 3/17/08 les EXHIBIT A CITY OF SANTA ANA 2007-08 APPROVED PLAN LIST ..~ Eastwood St. from Fourth to Fruit ~ ~ Street Rehabilitation McFadd Ave. from Standard to Ma le Street Rehabilitation Standard Ave. from Warner to First Street Rehabilitation Pro'ect Restore of local streets Street Rehabilitation Fairview/Harbor Traffic Im rovements Railroad Grade Crossin Traffic Im rovements S stem Detection & Trans ortation Information Traffic Im rovements Traffic Si nal Traffic Im rovements 55B-6 REQUEST FOR COUNCIU AGENCY ACTION MEETING DATE: APRIL 7, 2008 TITLE: JOINT PUBLIC HEARING - SALE OF AGENCY-OWNED PROPERTY LOCATED AT 715-719 NORTH CONCORD STREET Gk~ G~ CITY MANAGER ~XECUTI E DIRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordin<~nce on 2nd Reading ^ Implementing I~esolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to a Purchase and Sale Agreement between the Agency and the City for the sale of property located at 715-719 North Concord Street and authorizing the Deputy City Manager for Development Services to execute all required documents. COMMUNITY REDEVELOPMENT AGENCY Adopt a resolution authorizing the sale of Agency-owned property located at 715-719 North Concord Street and authorizing the Executive Director to execute all required documents. DISCUSSION The Community Redevelopment Agency has purchased a number of properties over the years for the development of very low-, low- and moderate- income housing. California Community Redevelopment Law restricts the length of time an Agency may hold land for future development to ten years. Currently, the Agency owns two lots that will soon exceed this time limit. In order to comply with State law, the Community Redevelopment Agency will sell the property located at 715-719 North Concord Street (Exhibit 1) to the City of Santa Ana for its appraised 80A-1 Joint Public Hearing - Sale of Agency-Owned Property April 7, 2008 Page 2 value of $586,000. The intent is to ultimately develop this site in a manner consistent with the surrounding neighborhood. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption No. ER 2008-70 will be filed for this project. FISCAL IMPACT Funds for the acquisition of this property are available in the Capital Outlay Fund Non-Departmental Land account (account no. 051-012-6611). Proceeds from the sale of the property to the City of Santa Ana will be deposited in the Agency's Housing Set-Aside Sale of Land account (account no. 507-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~u lfiC,2.rc Q~-~ Shelly ndry-Bay ~~ncisco Gutierrez Housing anager Executive Director Community Development Agency Finance and Management Services SGH/SLB/mlr 040708 JT PH CC-CRA SaleAgenProp719Concord 80A-2 715-719 North Concord Street Exhibit 1 80A-3 3/21/08 LES RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY OWNED PROPERTY LOCATED AT 715-719 N. CONCORD STREET; AUTHORIZING THE DEPUTY CITY MANAGER FOR DEVELOPMENT SERVICES TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY 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 Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et sew.) not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ("Agency") are set aside by the Agency in a Low- Moderate-Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate-income, including very-low- income persons. B. The Agency has purchased a number of properties over the years for the development of such low and moderate income housing. C. California Community Redevelopment law (Health and Safety Code section 33334.16) currently restricts the length of time that an Agency can hold land for future development to ten years. The property located 715-719 N. Concord Street ("the Property") will soon exceed the legal time limit. D. The Agency proposes to sell the Property to the City of Santa Ana at the current appraised value, pursuant to the terms and provisions of a Purchase/Sale Agreement (hereinafter referred to as the "Agreement"). E. The City has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purpose and provisions of applicable state and local laws and requirements. F. The City and Agency held a public hearing on the proposed Project and the Agreement as required by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. G. The proposed sale of the Property is exempt from further review and in accordance with the California Environmental Quality Act, Categorical Exemption ER No. 2008-70 will be filed for this project. 80A-4 H. The City recognizes that it has received and heard all oral and written objections to the proposed sale of the Property, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. I. The City hereby finds and determines that the information set forth herein is true and correct. J. The City hereby finds and determines that the sale of the Property will bring the Agency into compliance with Redevelopment law. K. The City hereby approves the sale and purchase of the Property. Section 2. The Deputy City Manager for Development Services or his/her designee is hereby authorized, on behalf of the City, to execute such documents that are to be signed by the City in connection with the sale and purchase, and to make such changes of anon-substantive nature to such documents as the Deputy City Manager for Development Services shall deem appropriate. A copy of any such documents, when executed, shall be placed on file in the office of the Clerk of the Council. Section 3. The Deputy City Manager for Development Services is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the sale and to administer the City's obligations, responsibilities and duties to be performed. Section 4. Proceeds of the sale of said Property to the City shall be deposited into the Agency's Housing Set-Aside fund. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 80A-5 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 3 80A-6