HomeMy WebLinkAbout FULL PACKET_2008-06-02ORDINANCE NO. NS-2764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY LOCATED AT
2210 NORTH GRAND AVENUE FROM SINGLE FAMILY
RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C5)
(AA N0.2006-02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Applicant is requesting approval of Amendment Application No. 2006-02 and
Conditional Use Permit No. 2006-08 to rezone a property from Single Family
Residential (R-1) to Arterial Commercial (C-5) and constnact a 60-foot high
cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue.
B. On April 14, 2008, the Planning Commission held a duly noticed public
hearing and unanimously voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No. 2006-
02.
2. Adopt a resolution approving Conditional Use Permit No. 2006-08
as conditioned.
C. On May 5, 2008 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written
and oral on Amendment Application No. 2006-02 and Conditional Use
Permit No. 2006-08.
D. Amendment Application No. 2006-02 has been filed with the City of Santa
Ana to rezone the property located at 2210 North Grand Avenue from Single
Family Residential (R-1) to Arterial Commercial (C-5).
E. Amendment Application No. 2006-02 is consistent with the General Plan,
including but not limited to its goals and policies:
1. To promote a balance of land uses to address basic community
needs. Goal 1.0 of the Land Use Element of the General Plan.
2. To promote land uses which enhance the City's economic and fiscal
viability. Goal 2.0 of the Land Use Element of the General Plan.
F. The City Council has weighed and balanced the general plan's policies and
11 A-1
has determined that based upon this balancing that the project at 2210
North Grand Avenue is consistent with the purpose of the general plan.
G. The City Council also adopts as findings all facts presented in the Request
for Council Action dated May 5, 2008 accompanying this matter. For these
reasons, and each of them, Amendment Application No. 2006-02 is hereby
found and determined to be consistent with the General Plan of the City of
Santa Ana and otherwise justified by the public necessity, convenience, and
general welfare.
H. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15303. This Class 3 exemption allows in-fill developments for the
construction and location of limited numbers of new, small facilities or
structures. Categorical Exemption Environmental Review Nos. 2005-129
and 2007-31 will be filed for this project.
Section 2. The real property located at 2210 North Grand Avenue is hereby
reclassified from Single Family Residential (R-1) to Arterial Commercial (C-5). (AA No.
2006-02) Amended Sectional District Map number 6-5-9 showing the above described
change in use district designation, is hereby approved and attached hereto as Exhibit "A"
and incorporated by this reference as though fully set forth herein. This decision is based
upon the evidence submitted at the above said hearing, which includes but is not limited
to the Request for City Council Action dated May 5, 2008 and exhibits attached thereto
and the public testimony, all of which are incorporated herein by this reference.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of , 2008.
Miguel A. Pulido
Mayor
11 A-2
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
By:
Kylee O. Otto
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 Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 A-3
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ADOPTED DATE
PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA O
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ORDINANCE NO. NS-2765
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROf~ERTY LOCATED AT
1501 WEST MACARTHUR BOULEVARD FROM TWO-
FAMILY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL
(C-2} (AA NO. 2008-02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring Program, Environmental Review No.
2007-73, General Plan Amendment No. 2008-01, Amendment Application
No. 2008-02 and Variance No. 2008-03 to reduce the required building
setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to
allow the construction of two new buildings within an existing retail center at
1501 West MacArthur Boulevard.
B. On March 24, 2008, the Planning Commission held a duty noticed public
hearing and voted by a vote of 4:0 (Betancourt, Gartner and Munoz absent)
to recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2007-73.
2. Adopt a resolution approving General Plan Amendment No. 2008-01.
3. Adopt an ordinance approving Amendment Application No. 2008-02.
4. Adopt a resolution approving Variance No. 2008-03 as conditioned.
C. On May 5, 2008, the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Amendment Application No. 2008-02 has been filed with the City of Santa
Ana to rezone the property located at 1501 West MacArthur Boulevard from
Two-Family Residential (R-2) to General Commercial (C-2).
E. Amendment Application No. 2008-02 is consistent with the General Plan,
including but not limited to its goals and policies:
11 B-1
1. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
2. Promote land uses which enhance the City's economic and fiscal
viability. Land Use Element Goal No. 2.0.
3. Support land uses with provide community and regional economic
and service benefits. Land Use Element Policy No. 4.3.
F. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project at 1501 West
Macarthur Boulevard is consistent with the purpose of the general plan.
G. The City Council also adopts as findings all facts presented in the Request
for Council Action dated May 5, 2008 accompanying this matter. For these
reasons, and each of them, Amendment Application No. 2008-02 is hereby
found and determined to be consistent with the General Plan of the City of
Santa Ana and otherwise justified by the public necessity, convenience, and
general welfare.
H. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2007-73, General Plan Amendment No. 2008-01,
and Variance No. 2008-03 came before the City Council on May 5, 2008 for
public hearing. This ordinance incorporates by reference, as though fully set
forth herein, the resolutions and the Mitigated Negative Declaration and
Mitigation Monitoring Program in support of this ordinance and the findings
made herein.
Section 2. The real property located at 1501 West Macarthur Boulevard is
hereby rezoned from Two-Family Residential (R-2) to General Commercial (C-2).
(AA No. 2008-02) Amended Sectional District Map number 35-5-10 showing the above
described change in use district designation, is hereby approved and attached hereto as
Exhibit "A" and incorporated by this reference as though fully set forth herein. This
decision is based upon the evidence submitted at the above said hearing, which
includes but is not limited to: the Request for Council Action dated May 5, 2008 and
exhibits attached thereto and the public testimony written and oral, all of which are
incorporated herein by this reference.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
11 B-2
ADOPTED this day of , 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
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 Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B-3
11 B-4
CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
December 19, 2007
CALL TO ORDER
The meeting was called to order at 5:35 p.m. in Conference Room 229 of City Hall.
ATTENDANCE
The following Committee members were present: David Benavides and Michele Martinez
Absent: Carlos Bustamante
Staff present were: Jay Trevino, Executive Director Planning and Building Agency; Laura
Rossini, Assistant City Attorney; Bruce Dunams, Community Preservation Manager; Alvaro
Nunez, Community Preservation Coordinator; Estella Rodarte, Senior Community
Preservation Inspector; Dave Hermance, Senior Community :Preservation Inspector; Yvette
Aguilar, Community Preservation Inspector; Victor Madrigal, Community Preservation
Inspector; Will Hayes, Maintenance Services Manager; Darrell Mercado,- Project Manager;
and Commander Alan Caddell
AGENDA ITEMS
1. APPROVAL OF MINUTES -December 19, 2007 Meeting
Approved by a vote of 2:0 (Bustamante absent)
2. PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP)
Bruce Dunams gave an overview of the PREP program. He provided details on the
history of the program including complaint statistics, funding, and how areas were
selected for enforcement. Councilmember Martinez inquired about the criteria for
going into a specific area, in particular Bishop Manor, Townsend and. Brook.
Councilmember Benavides inquired how the city knows if a unit is tenant occupied.
He was advised that Community Preservation uses business license records.
Councilmember Benavides suggested that staff look at the Buena Park program in
addressing hot spots.
3. GRAFFITI REPORT
Will Hayes gave a brief overview of the graffiti program. He indicated there is now a
toll free number where residents can report graffiti. Councilmember Martinez asked
Commander Caddell why etching is so popular. He stated this is just a different way
to mark. Councilmember Benavides asked if there has been an increase in arrests.
He was advised by Mr. Hayes that 35 to 40 people a month are arrested. In the
month of November there were 238 arrests, 209 probable cause searches, and 27
arrests from school police. Since the month of July, $20,000 has been collected in
13B-1
restitution. Mr. Hayes also noted that there has been an increase of graffiti city wide.
Councilmember Martinez suggested partnering with the schools to address the issue
and possibly search students as they enter school sites. She reported graffiti has
been up for weeks on Bristol Street at the southeast corner near the flood control
channel. Mr. Hayes advised it would be taken care of. He announced they are
working on a partnering program with the Parks, Recreation and Community
Services Agency. Judy Edge inquired about the graffiti problem at Sandpointe Park
and suggested possible culprits could be the volleyball players that play from 3:00
p.m. to 8:00 p.m.
4. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Judy Edge requested a meeting with -city staff. regarding 222; W. Aurora, asked that
sheds be put. on a future agenda for discussion, and requested the shopping carts
be picked up from the flood control channels.
Thomas Gordon noted. it has been six months since the last meeting.
5. COMMITTEE MEMBER COMMENTS
Councilmember Martinez, requested a continued focus on shopping carts, particularly
after the holidays when staffing returns to normal.
Councilmember Benavides requested staff address resident concerns regarding the
flood control channels.
6. ITEMS FOR NEXT MEETING -None `
IT - 7:05 P.M.
Br a Dunams
C munity Preservation Manager
P nning & Building Agency
BD:YA:rb
rb:Council CommlNlCE CC/NICE Minutes 12-19-07
Neighborhood Improvement/Code 2 December 19, 2007
Enforcement Counal Committee Minutes
13B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1" Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
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
ZQI~ t~AY -5 Pit 2: 5~`
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MEMORANDUM
~D j ~
To: L~~'heec~y; Assistant City Attorney
City Attorney's Office
From: Michael Ernandes, Personnel Operations Manager
Personnel Services Department
Date: May 1, 2008
Re: REQUEST FOR DESTRUCTION OF RECORDS
The Personnel Services Department requests your consent to destroy city
records on the attached listings, in accordance with the retention schedule
outlined in City Council Resolution 2006-045.
Thank you.
~~%1 C_ -a
19C-2
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 Apr
FORMS forms** 2003 and prior
(OFFICIAL)
Flexible Enrollment forms for flexible spending EE Separated Apr
Spending, program"'` 2003 and prior
Section 125
Life Insurance Employee life insurance enrollment forms** EE Separated Apr
2003 and rior
Long-Term Employee Long-Term Disability Insurance EE Separated Apr
Disability enrollment forms** 2003 and prior
Insurance
Medical Employee medical insurance enrollment EE Separated Apr
Insurance forms** 2003 and prior
EQUAL Employment and Personnel and employment records, EE Separated Apr
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 Apr
termination 2003 and prior
OFFICIAL Certification/ Request for Certification and/or EE Separated Apr
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 Apr
Training completion date of training class(es).* 2003 and prior
Commendation Letters of commendation and/or other EE Separated Apr
Letters congratulatory documents received by and/or 2003 and prior
issued to EE.*
Disciplinary Memorandums, letters, or other records of EE Separated Apr
Actions proposed and/or implemented disciplinary 2003 and prior
action(s)*
Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Apr
Medical regarding employee's medical condition.** 2003 and prior
Releases
Drug Screen Pre-placement and drug screening EE Separated Apr
Test authorization and acknowledgement form(s) 2003 and prior
and results of drug screening.**
19C-3
PERSON NEL SERVICES DEPARTMEN T
RECORD RECORD RECORD RECORD
CATEGORY SERIES DESCRIPTION DATES
OFFICIAL Family and Basic employee data (name, address, class EE Separated Apr
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 Apr
any) for hired employees.* 2003 and prior
Medical Leave of Leave of Absence forms used in the EE Separated Apr
Absences** documentation of medical leave (including 2003 and prior
pregnancy leave and Family and Medical
Leave).**
Miscellaneous Documents not specifically mentioned but EE Separated Apr
Documents kept in official personnel file *** 2003 and prior
Notice of Form completed by employee and/or EE Separated Apr
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 Apr
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 Apr
Employment employee to be engaged in outside 2003 and prior
employment.*
Performance Employee performance evaluation forms EE Separated Apr
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 Apr
Enrollment Employees' Retirement System (PERS)** 2003 and prior
Pre-Employment Forms completed by employee and medical EE Separated Apr
Medical clinic to assess physical capability of 2003 and prior
employee prior to hiring.**
Security Check Form completed by Personnel Svcs to EE Separated Apr
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 Apr
DMV, accredited schools, etc., verifying 2003 and prior
employee meets certain job-related
requirements.*
Tuition Copies of applications for training and EE Separated Apr
Reimbursement educational assistance which show EE 2003 and prior
Request request, department head approval, and final
disposition of request.*
19C-4
PERSON NEL SERVICES DEPARTMEN T
RECORD RECORD RECORD RECORD
CATEGORY SERIES DESCRIPTION DATES
OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Apr
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 Apr
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 May 1, 2008, listing personnel files to be purged/digitally
imaged.
* Will be purged
** Will be digitally imaged
*** If non-medical records,
PREPARED BY:
will be purged; if medical records, will be digitally imaged.
a 37
Susan athen for D to
Michael S. Ernandes,
Personnel Operations Manager
RECORDS DESTROYED:
Number of Boxes
CONSENT BY:
~$'
Enr' e J va ate
E utive irector
Personnel Services Department
APPROVED BY:
~ ~ o F cG~1 S ls"ly~'
Joseph Fletcher ) Date
City Attorney (/
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19C-6
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/ Apr 2005 and prior
Materials implementation of recruitments.**
Bilingual Forms certifying bilingual capabilities #ef Apr 2005 and prior
Certification for
Forms applicants for recruitments which require
bilingual capabiliity.*
Ethnicity Stubs From employment applications submitted at Apr 2005 and prior
recruitment time, are kept for outreach
purposes.*
Examination Examination answer sheets completed by Apr 2005 and prior
Answer Sheets applicants during testing process and other
testing materials.*
Official Eligible Eligible lists signed by City Manager. Lists of Apr 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 May 1, 2008, with recruitment files to be purged/digitally imaged.
* Will be purged
** Will be digitally imaged
PREPARED BY:
Susan Wathen for Date
Michael S. Ernandes
Personnel Operations Manager
RECORDS DESTROYED:
Number of Boxes
CONSENT BY:
APPROVED BY:
-,
nriqu J AI a D to ~
Exec Die or
Personnel S ices Department
~s/o ~
Jos ph Fletc er Date
City Attorney
19C-7
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19C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AUTHORIZE THE COUNCIL TO
RECEIVE AND FILE EPIC 2007
ANNUAL REPORT
~-~' ~ ~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the 2007 Early Prevention and Intervention Commission
Annual Report.
DISCUSSION
In response to local and national trends in the youth gang problem, in
February of 2007 the Santa Ana City Council created the Early Prevention
and Intervention Commission (EPIC). Santa Ana is demographically one of the
youngest cities in the United States, and a number of its youth are
involved in gangs. The devastating effect of violent gang crime in our
community, as in others throughout the nation, prompted the City Council to
create the Early Prevention and Intervention Commission to help deal with
the problem in a systematic and strategic manner. The Commission's primary
objective is to provide recommendations to the City Council for early gang
prevention and intervention services and programs based on a coordinated
approach, with a focus on developing a continuum of services based upon
sound public policy. The purpose of this report is to comply with the EPIC
city ordinance requirement that the Commission provide the City Council
with an annual report on its progress and status.
FISCAL IMPACT
e is no fiscal impact with this action.
M falters
Ch of of Police
Police Department
19D-1
CITY OF SANTA ANA
Progress Report to Santa
Ana Citv Council
Early Prevention and Intervention Commission
May, 2008
S, id
"Santa Ana as a safe, healthy and connected community; empowering its youth
and families with trust and dignity to achieve success"
19D-2
FORWARD
The Commission would like to thank the residents of Santa Ana for their support
and contributions to the Commission's activities and deliberations during the past year.
The community's contributions in terms of input and ideas were invaluable in focusing
the Commission's review on the critical aspects of the gang problem. During the
neighborhood meetings and walking tours, commissioners, city staff and community
members were able to see firsthand the conditions that contribute to the gang problem,
and were able to establish lines of communication that will undoubtedly lead to more
effective and sustainable solutions in the future. In addition, the Commission wishes to
thank the Santa Ana City Council and the City Manager for their support in establishing
the Early Prevention and Intervention Commission. Without their foresight and belief in
systemic change, no effort to encourage long-term solutions could be undertaken.
This report will provide the City Council with an outline of the Commission's
progress to date, as well as a set of interim recommendations that begin the process of
encouraging truly systemic changes in how public and private entities view and deal
with the gang problem. The Commission hopes that these efforts will lead to effective,
measurable and sustainable strategies to reduce gang activity and help young people
avoid joining gangs.
Finally, the Commission wishes to acknowledge how difficult and complex the
task of addressing gang activity and violence can be. The quote from federal officials in
the Wyrick and Howell 2004 work illustrates the point, "Although thousands of programs
have been implemented..., the ongoing difficulties with youth gangs make one lesson
very clear.' there are no quick fixes or easy solutions for the problems that youth gangs
create or the problems that create youth gangs." Only by working together with
steadfast focus and determination will we begin to create thriving, empowered and safe
communities.
EPIC Progress Report to City Council - 2008
Page 2
19D-3
2007 EARLY PREVENTION AND INTERVENTION COMMISSIONERS
Council Member
Mayor Pulido
Ward 1 -Councilmember Sarmiento
Ward 2 -Councilmember Martinez
Ward 3 -Councilmember Bustamante
Ward 4 -Councilmember Benavides
Ward 5 -Councilmember Alvarez
Ward 6 -Councilmember Tinajero
Apaointee/Commissioner
Marco Ramirez (Santa Ana College)
Vice-Chair Iliana Welty (Orange County Human
Relations Commission)
Chair Melanie Flores (Private Consultant)
Albert Garcia (Orange County Probation
Department, Retired)
Laura Morfin (Orange County Juvenile Court)
Jessica Amezcua (Community Service
Programs)
Thomas Gordon
At-Large
Non-Voting Members
At-Large
Santa Ana Unified School District
Garden Grove Unified School District
Rancho Santiago Community College District
Santa Ana Chamber of Commerce
Orange County Probation Department
Orange County Social Services
Ava Steaffens (KidWorks)
Santos Chavez (Taller San Jose)
Rosemarie "Rosie" Avila
John Marsh
Alfredo M. Amezcua, Esq.
Thomas Linnert
Valerie Amezcua
Christine Smith
Karla Roberts-Acosta
Faith Based Organizations Guadalupe Aguilar-Ramirez (OCCCO -Orange
County Congregation Community Organization)
Downtown Business Community Arturo Lomeli
2007 EARLY PREVENTION AND INTERVENTION COMMISSION WORK GROUPS
Assessment (Alfredo Amezcua, Conveners)
Community Mobilization (Thomas Gordon/Laura Morfin, Conveners)
Intervention (Marco Ramirez/Santos Chavez)
Prevention (Ava Steaffens, Convener)
Suppression (Valerie Amezcua, Convener)
Funding and Resources (Albert Garcia, Convener)
EPIC Progress Report to City Council - 2008 Page 3
19D-4
Table of Contents
Executive Summary ............................................................................5
Introduction and Methodology ........................................................ 10
Office of Juvenile Justice and Delinquency Prevention Model ........... 10
Commission Vision ........................................................................... 12
Goals and Responsibilities ................................................................ 12
Commission Activities ...................................................................... 14
Comprehensive Assessment ............................................................ 14
Workflow Diagram ........................................................................... 16
Working Groups ............................................................................... 17
Meetings and Neighborhood Walks .................................................. 18
Presentations ................................................................................... 18
Strategic Planning ............................................................................ 19
lessons learned ............................................................................... 20
Major Focus Areas for 2008 .............................................................. 22
Criteria for Program Evaluation and Long-Term Success .................... 22
Interim Recommendations ............................................................... 24
Conclusion ....................................................................................... 25
EPIC Progress Report to City Council - 2008 Page 4
19D-5
SANTA ANA EARLY PREVENTION AND INTERVENTION
COMMISSION
ANNUAL PROGRESS REPORT TO THE CITY COUNCIL
EXECUTIVE SUMMARY
In response to local and national trends in the youth gang problem, in February
of 2007 the Santa Ana City Council created the Early Prevention and Intervention
Commission (EPIC)'. Santa Ana is demographically one of the youngest cities in the
United States, and a number of its youth are involved in gangs. The devastating effect
of violent gang crime in our community, as in others throughout the nation, prompted
the City Council to create the Early Prevention and Intervention Commission to help
deal with the problem in a systematic and strategic manner. The Commission's primary
objective is to provide recommendations to the City Council for early gang prevention
and intervention services and programs based on a coordinated approach, with a focus
on developing a continuum of services based upon sound public policy. The purpose of
this report is to comply with the EPIC city ordinance requirement that the Commission
provide the City Council with an annual report on its progress and status.
During the last year, the Commission held nine monthly public community
meetings four of which were held in neighborhood venues, participated in
neighborhood walking tours, reviewed existing youth programs and services and
brought in experts to conduct presentations to the Commission to expand their
knowledge about the scope and nature of the youth gang problem. In consultation with
staff and the community, the Commission adopted the following vision to guide it in its
long-term view of the community:
Santa Ana as a safe, healthy and connected community, empowering
its youth and families with trust and dignity to achieve success.
In addition, the Commission held a number of strategic planning meetings and an
all day working retreat to develop a strategic agenda and map the way forward. The five
commission working groups met at feast monthly in addition to the full commission
meetings in order to work on specific youth issues. Throughout its work and
deliberations, the Commission sought out community input and heard from
The Commission held its first official meeting on April 25, 2007
EPIC Progress Report to City Council - 2008 Page 5
19D-6
neighborhood-based organizations. This approach resulted in a number of lessons
learned (listed later in this report), and in the Commission adopting a set of principles to
guide its future work. In brief, these principles are:
• The youth gang problem is a public health issue that must be viewed and
addressed systemically and strategically, with the community as the principal
partner.
• This systematic approach must include a firm and enduring commitment from
the City Council and other government agencies, as well as the private
sector.
• Initiatives must be evidence-based, sustainable and carefully coordinated to
ensure there is no duplication of efforts.
WORKING GROUPS
The Commission formed six Working Groups to assign key tasks and objectives
while retaining overall responsibility for its primary mission. The working groups consist
of commissioners and other community members who may be interested in volunteering
to help on specific projects, and who may have special interests or skills. These
working groups are Prevention, Intervention, Assessment, Suppression, Community
Mobilization and Funding and Resources. Please see the Working Groups section of
this report for further information.
COMPREHENSIVE GANG MODEL AND ASSESSMENT
The Commission adopted the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) Comprehensive Gang Modell as its overarching framework to help
accomplish its objectives. This model identifies a mix of strategies that were found to
have a positive impact on gang problems, including mobilizing the community, providing
opportunities to youth and parents, and other strategies that are part of a
comprehensive system. The OJJDP Gang Model also prescribes that in order to fully
understand the gang problem in a particular community and to determine the best long-
term strategies and programs, a jurisdiction should conduct a comprehensive
assessment. This assessment is usually conducted with a research or educational
partner that has the resources and expertise to ensure the results are valid and
accurate, thus helping guide decisions going forward. Consequently, EPIC
z The OJJDP model, partly based on the "Sperger" model, was created in 2002 and has been
implemented in several jurisdictions, including Riverside, California.
EPIC Progress Report to City Council - 2008
Page 6
19D-7
recommends the City of Santa Ana conduct a comprehensive assessment, based on
the OJJDP model.
The Commission will prepare a recommended strategic plan based on the
results of the assessment. The final assessment report is intended to answer the
following questions:
• How do youth in Santa Ana become involved in gangs?
• What social, economic and cultural factors in Santa Ana contribute to an
environment conducive to youth gangs and youth gang violence?
• What research-based, proven solutions have been used in similar
communities to develop effective short, medium, and long-term strategies to
prevent gang recruitment and gang violence in Santa Ana?
INTERIM RECOMMENDATIONS
While the bulk of the Commission's recommendations will come after the
assessment is completed, the Commission felt it was imperative to make interim
recommendations to help facilitate its work in 2008 and beyond. These
recommendations are contained elsewhere in this report and they are summarized as
follows:
1. The Commission recommends that the City of Santa Ana conduct a
comprehensive community assessment. A comprehensive assessment will
allow the Commission, the community and its partners to make sound, practical
and achievable recommendations to the City Council.
2. The City should seek opportunities to improve communications and
coordination of all youth-related issues and grant applications. The size of
the city and the scope of youth-based delinquency warrant consideration for a
centralized point in the City organization to coordinate and direct youth-related
efforts citywide. The Commission would like to work with the City Council to
develop either a position or a clearly designated point of coordination within the
existing City structure to ensure it is properly defined and aligned with City
Council priorities.
3. The City Council should require that EPIC be informed of all new City at-
risk youth and gang-related initiatives and planned programs to ensure
consistency and alignment with EPIC focus, goals and objectives. EPIC
would merely review the initiative or program to ensure an opportunity to
comment, alert the City to any potential conflicts or redundancies, and provide
alternative views as appropriate. The review would be handled promptly so as
EPIC Progress Report to City Council - 2008 Page 7
19D-8
not to delay any process, and would take place at the Commission's monthly
meetings. The Commission would ensure that all initiatives and programs be
documented to the City in quarterly reports or Commission minutes. The
Commission believes that its perspective would add value to any new youth-
related initiative or issue.
4. The City Council should adopt a resolution which clearly identifies youth
and youth-related issues as a top priority for the City. The Commission
recognizes that the City's Vision Statement incorporates the importance of youth
and youth-related issues to the City, and that the City Council fully supports a
Youth Master Plan. The Commission also recognizes the City has a number of
priorities, but at-risk youth issues should be a priority and merit a resolution
supporting early prevention and intervention efforts specifically. The resolution
should be clear that youth gang violence is a public health issue and will be
treated accordingly. The council resolution must make the close coordination of
early prevention and intervention efforts one of their priorities. The City of Santa
Ana and other government organizations must approach the youth gang issue as
a public health problem that must be dealt with in a carefully coordinated
strategic and systemic long-term approach with evidenced based solutions with
short, mid and long-term milestones.
5. The City Council should increase the number of commissioners to 18 with
the addition of one young adult to the block of voting members. The
Commission needs the perspective of young people to truly understand the
issues and develop sound recommendations. At least one young adult should be
a voting member of the Commission. The Commission would ask the Santa Ana
Youth Commission to make the recommendation of the new EPIC member.
Report Continued
EPIC Progress Report to City Council - 2008 Page 8
19D-9
EPIC PROGRESS REPORT 2008
EPIC Progress Report to City Council - 2008 Page 9
19D-10
INTRODUCTION AND METHODOLOGY
In 2007 the City Council established the Early Prevention and Intervention
Commission (EPIC) to help develop a more strategic, coordinated, and collaborative
effort between the City of Santa Ana, private industry, public entities, law enforcement
agencies, social services, and the general public. The Commission consists of nine
appointed commissioners and eight representatives from organizations that are
stakeholders in the City of Santa Ana's future. EPIC's mission is to recommend
strategies and policies to enhance opportunities for youth in the city and to help develop
strategies that will significantly reduce gang involvement and its negative impact in the
community. The primary objective of the Commission is to provide recommendations to
the City Council for early gang prevention and intervention services and programs
based on a coordinated approach, with a focus on developing a continuum of services
based upon sound public policy3.
While the Commission will make its recommendations to the City Council, the
impact and scope of those recommendations will undoubtedly have broad implications
on government, non-governmental organizations, the school district and the private
sector. In effect, EPIC seeks to review the systems affecting youth and gang activity in
Santa Ana specifically, but also in Orange County and statewide to the extent these
systems affect local services and programs. In addition, EPIC will make
recommendations for policies and strategies that will help increase coordination among
all agencies, fill gaps in program and service delivery, and ultimately improve the
community's capacity to empower its residents and reduce gang involvement and
activity. The approach described above is consistent with the Santa Ana Police
Department's well established Community Policing philosophy and Problem-Solving
strategies.
From its inception, the Commission adopted the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) Comprehensive Gang Model4 as its overarching
framework to help accomplish its objectives. This model identifies a mix of strategies
that were found to have a positive impact on gang problems, including mobilizing the
community, providing opportunities for youth and parents, and other strategies that are
part of a comprehensive system. The OJJDP Gang Model also prescribes that in order
to fully understand the gang problem in a particular community and to determine the
best long-term strategies and programs, a jurisdiction should conduct a comprehensive
assessment. This assessment is usually conducted with a research or educational
s City Ordinance NS-2732
a The OJJDP model, partly based on the "Sperger" model, was created in 2002 and has been
implemented in several jurisdictions, including Riverside, California.
EPIC Progress Report to City Council - 2008 Page 10
19D-11
partner that has the resources and expertise to ensure the results are valid and
accurate, thus helping guide decisions going forward.
In essence, the assessment is akin to the medical model, in which a physician
seeks to truly understand each patient's specific symptoms and circumstances before
developing a treatment and prevention protocol that is tailored to the patient and
systemic in nature. The assessment will be discussed in more detail later in this report.
However, the OJJDP model advocates five primary strategies, also known as the
Sperger Model:
Community Mobilization: Developing and maintaining an interacting set of
public and private agencies, groups, and residents to organize a
comprehensive program responsive specifically to the gang problem.
Social Intervention: Developing outreach contacts with gang members and
those at higher risk of gang membership. Most typically, this refers to the use of
street workers who both counsel targeted youth and provide useful bridges
between them and the schools, social services, and criminal justice agencies.
Outreach can also be provided by probation, police, and treatment workers.
Opportunities Provision: Providing gang members access to employment, job
training, educational, and cultural opportunities as alternatives to gang activity.
Organizational Change and Development: Bringing about changes in the
policies and practices of public and private agencies to reduce their tendency
not to respond positively to gang-involved youth, to help them adopt strategies
that will enhance their responsiveness, and to increase interagency
collaboration.
Suppression: The use of police, probation, parole, and the courts to hold youth
and adults accountable for their criminal activities. This goes beyond the
"normal" criminal justice operations to include special anti-gang practices, such
as police gang units, the use of gang court injunctions, and specialized gang
intelligence operations. Other agencies and outreach workers can also become
involved in suppression activities.
EPIC Progress Report to City Council - 2008 Page 11
19D-12
THE VISION OF THE EARLY PREVENTION AND INTERVENTION COMMISSION
The Commission has developed a vision that will guide and focus its efforts on
systemic chance. That vision is:
"Santa Ana as a safe, healthy and connected community; empowering
its youth and families with trust and dignity to achieve success"
This vision represents a specific view of how a community becomes healthy and
effective by being empowered to help itself. This also represents a departure from the
belief that programs and services must be provided to needy neighborhoods without
building the capacity of a community to develop and manage resources in effective and
creative ways. The Commission believes that only by building community capacity will
early prevention and intervention strategies work. Thus, the Commission views
community building as a critical component of any effort aimed at improving
neighborhood conditions in a sustainable way.
As stated by the Community Building Exchange, "fundamentally, community
building involves strengthening the capacity of neighborhood residents, associations,
and organizations to identify priorities and opportunities for change and to work
individually and collectively to foster and sustain community improvements. Community
capacity building involves a number of components, including leadership development,
community organizing, organizational development, and fostering collaboration among
organizations." The City's Neighborhood Association network serves as an example of
capacity building, which could be tapped to help achieve future youth-related objectives.
The vision of the Commission succinctly embodies these principles. In addition, the
Commission believes that the gang problem must be viewed as a public health matter
and treated accordingly.
COMMISSION GOALS AND RESPONSIBILITIES
The mission, primary objectives and responsibilities of the Early Prevention and
Intervention Commission are outlined in City Ordinance NS-2732 and the Commission's
bylaws. In summary they are:
EPIC Progress Report to City Council - 2008 Page 12
19D-13
Missions: The Commission's mission shall be to develop a more strategic,
coordinated, and collaborative effort between the City, law enforcement
agencies, social services, and the general public with the objective of
enhancing opportunities for youth in Santa Ana to significantly reduce gang
involvement, and its negative impact in the community.
Primary Obiectivess: The primary objective of the Commission will be to
provide recommendations to the City Council for early gang prevention and
intervention services and programs based on a coordinated approach with a
focus on developing a continuum of services based upon sound public policy.
Responsibilities':
• Promote a strong sense of community through advocacy and
recommendation of proactive policies, ordinances, and guidelines for early
prevention and intervention of youth exposure to the influence of gangs.
• Identify gang prevention solutions that are part of a comprehensive plan and
do not require funding.
• Make policy recommendations to City Council on gang prevention,
intervention, diversion and suppression methods.
• Identify local, state, and federal funding sources for front line law
enforcement intervention and prevention. They shall also collaborate with
boards, agencies, and residents on gang issues.
• Consider all matters that may be referred to it by the City Council or the city
manager and shall render its recommendations, counsel and advice in
regards thereto.
• Provide an annual written report to the Mayor and City Council on the status
of the Commission and its activities.
s City Ordinance Section 1 (E)
e City Ordinance Section 2-550
~ City Ordinance Section 2-554 (a-f)
EPIC Progress Report to City Council - 2008 Page 13
19D-14
SUMMARY OF COMMISSION ACTIVITIES
COMPREHENSIVE ASSESSMENT
In keeping with the OJJDP Gang Model, the Commission recommends that
the City of Santa Ana conduct a comprehensive community assessment. The
assessment process in Santa Ana would be a significant undertaking given the
complexity of the problem, as well as the labor-intensive nature of conducting detailed
data collection that will produce objective and helpful results. In the end, however, only
a comprehensive assessment will allow the Commission, the community and its
partners to make sound, practical and achievable recommendations to the City Council.
The assessment will gather and analyze in-depth information to describe the
social, economic, and cultural characteristics of youth gangs in several distinct
neighborhoods of the city. Rather than attempt an entire city-wide assessment the
choosing of several distinct neighborhoods to assess would help establish a
representative sample of city-wide gang issues. The assessment will seek to answer
three primary questions regarding youth gangs and gang violence:
• How do youth in Santa Ana become involved in gangs?
• What social, economic and cultural factors contribute to an
environment conducive to youth gangs and youth gang violence in
Santa Ana?
• What research-based, proven solutions have been used in similar
communities to develop effective short, medium, and long-term
strategies to prevent gang recruitment and gang violence?
The assessment will provide EPIC, the City of Santa Ana, the City Council and
the community with knowledge regarding three areas:
• Knowledge of Gang Involvement and Ganq Crimes: While much is known
generally about why youth join gangs, and the types of crimes most often
committed by gangs, communities must also have knowledge of specific trends,
patterns, and factors within their jurisdictions to make best practice decisions
regarding intervention and suppression.
• Knowledge of Available Community and Organizational Resources: While
suppression and effective community policing are part of the overall OJJDP
model, the model also calls for the identification of "relevant services and
activities" to better collaborate responses to youth gangs. This assessment will
EPIC Progress Report to City Council - 2008 Page 14
19D-15
identify agencies and resources that impact youth gang activities, as well as
agencies and organizations that provide alternatives for youth in gangs or youth
susceptible to joining gangs, particularly agencies and programs identified as
best able to provide solutions to problems identified in the assessment as
primary contributors to gang recruitment and gang violence.
• Knowledge of Effective, Research-Driven Intervention Approaches: Regardless
of what strategies are undertaken by communities to curb gang membership and
crime, these strategies should be based in proven research. Many strategies in
the past have had a "common sense" appeal, but upon further investigation have
been shown to have little or no effect on gang membership and crime. A
comprehensive assessment must provide a full range of applicable intervention
strategies that have been tested and have been shown to be effective.
Furthermore, the assessment itself will provide the City of Santa Ana with
detailed data that describes each of the neighborhood's social characteristics. The
assessment will go beyond the typical compilation of statistics by using demographic
data as the infrastructure on which the interview, survey and ethnographic8 findings are
grounded and elaborated. This "mixed-method" approach will result in a product that the
City can use to assess unique neighborhood characteristics related to youth gang
recruitment and gang violence, as well as to identify commonalities between
neighborhoods. This data will be oriented towards the identification of social, economic
and cultural characteristics within the neighborhoods the City can use for purposes of
policy decisions, as well as for the application of outside funding from public and private
institutions and organizations.
Ultimately, the assessment will allow the Commission to recommend a strategic
plan to the City Council that has short, medium and long-term goals and objectives to
achieve systemic change in how the gang issue is viewed and addressed. The
strategic plan will be a highly dynamic document that will change as conditions and
resources change. The strategic plan will be reviewed and modified on a yearly basis to
account for changes in key assumptions, partners, resources and community
conditions. The strategic plan will become the road map for systemic and sustainable
change and is a key component of the Commission's efforts.
s Ethnography as a method seeks to answer central anthropological questions concerning
the ways of life of living human beings. Ethnographic questions generally concern the link
between culture and behavior and/or how cultural processes develop over time.
EPIC Progress Report to City Council - 2008 Page 15
19D-16
The diagram below represents the workflow as envisioned by Commission
members.
Report Continued
EPIC Progress Report to City Council - 2008 Page 16
19D-17
COMMISSION WORKING GROUPS
The Commission formed six Working Groups to assign key tasks and objectives
while retaining overall responsibility for its primary mission. The Working Groups
consist of commissioners and other community members who may be interested in
volunteering to help on specific projects, and who may have special interests or skills.
A commissioner is appointed as the "convener" of the group for administrative,
accountability and leadership purposes. The groups meet as often as necessary and
must bring back to the full Commission the product of their work for review and
decisions. These Working Groups are:
* To uiocdinate a commpaehero~iva Sena of the
probaem that identit snd exau»ines the n~wa aid
rasxt caws of ~t activity, who is and. why they are
ie~wahred In ~,tn~, snd wltiere in the raAenrr+ur~ty pmt
acthrity is rcrrrtrated.
'S~: ~+1t youth most. vu~raerable to fiinet
grsvtntion n~sources. p~rids aitfn~a~thias t+
a~liation, videna~ and dcupc.
• to hdip identity, proer~ast+e and n+cdme»~end ~c
pt~ aupprouian praatiurs and aspies to isw e~tia~ement
spnciesand partners.
,: To inoenatne Iby workt~, wlith t~urrae~ WK rnore~b~es to
da~ormirwry snd nuom the 6we:t practk~ to r~~e
tine nedimttion of fir tne~r into peen ~ dek.
7o ider~y, davaigip snd roc+ommsnd poi~s, activitlies,
ane! strat+~fos to tntpew~tr the coparnunty Za reduice ii~K
r+~rnbershipand activity in their nei;h6ofioads.
Ta identify and recommend funeUns so+wrc+es, and
#enm sustainebifi#y strs~eaies„ from bot#t #~ewennenertt and
peke o~iza~c~nsc ~ add~ss t~+p and ya~h-refaaeei
it~ts.
EPIC Progress Report to City Council - 2008 Page 17
19D-18
COMMUNITY MEETINGS AND NEIGHBORHOOD WALKS
In general, Commission meetings were held on the last Wednesday of each
month in the Santa Ana Police Department community room. However, four meetings
were held annually at a community location. Each community meeting included a
neighborhood walk with local residents and leaders, as well as non-government
organizations (NGOs) to discuss neighborhood issues. These neighborhood walks
have proven to be a key factor in understanding the issues first-hand, and have served
to crystallize the nature and scope of the problem in the minds of the commissioners. In
2007 the community meetings included:
• May 30t" at KidWorks
• June 27t" at the Boys and Girls Club
• September 26t" at the Delhi Community Center
• October 24t" at EI Salvador Park
During the remaining regular meetings of the Commission, a number of
presentations were made on a wide variety of topics. Given that this was the founding
year of the Commission, these presentations were aimed at educating commissioners
as to the extent and intricacies of the gang issue, as well as what programs and
resources are already available. Presentations included, but were not limited to, the
following:
• Orange County Gangs -Orange County District Attorney
• Santa Ana Gangs -Santa Ana Police Department
• Eight Percent Solution -Orange County Probation Department
• Right Trak program
• Learning for Life -Michael Gonzalez
• Art of Living
• Police Athletic and Activities League -Santa Ana Police Department
• Brown Act training -Santa Ana City Attorney
• Bridges program -Orange County Human Relations
• Community Change Concepts - Iliana Welty
• The Advancement Project -Connie Rice Group
• Parent and Schools Program -Santa Ana Unified School District
EPIC Progress Report to City Council - 2008 Page 18
19D-19
STRATEGIC PLANNING
Since its inception, the Commission sought to think strategically with respect to
its work. While mindful that tactical efforts are clearly needed to accomplish goals and
objectives, the Commission's work must focus on achieving and sustaining systemic
change. Therefore, throughout 2007 the Commission held several strategic planning
workshops and one all-day retreat. The workshops focused on developing goals and
objectives and strengthening EPIC's mission and purpose. The all-day retreat focused
on a number of areas, including:
• Defining the Commission's vision
• Reviewing and analyzing the lessons learned from 2007
• Developing the major focus areas for 2008
• Defining what "success" will look like in five or ten years
• Discussing how to increase community involvement in EPIC
• Improving the effectiveness of commissioners
• Brainstorming on addressing Santa Ana's graffiti problem
The result of the strategic planning process has not only helped focus the
Commission's work, but has laid the groundwork for the assessment process. The
following diagram illustrates, in brief, the strategic planning model that commissioners
have used in their working groups.
• CC
• ~ ~'
• T1~n ,:
Resources
~(~bjectlves
Goals
EPIC Progress Report to City Council - 2008 Page 19
19D-20
LESSONS LEARNED
During 2007 commissioners had an opportunity to interact extensively with
community members and leaders, staff, presenters, NGOs and others. Based on these
interactions and conversations, the Commission was able to make observations and
conclusions with respect to the lessons it learned. The following is a select list of those
conclusions, which will help facilitate the assessment and move forward in a focused
and systemic approach.
• EPIC's focus must be on community-based solutions and on the community's
vision. The key to making sound recommendations is getting the community
involved at all levels in identifying and prioritizing the issues that affect them.
• There is a lack of neighborhood communication and coordination in some areas.
EPIC will seek to recommend tactical and strategic solutions that build
community and neighborhood capacity to communicate amongst neighbors,
NGOs and with government. In addition, EPIC will recommend measures to
increase and foster neighborhood leadership.
• There is a serious lack of mentoring programs at the neighborhood level.
Clearly, nearly all available research points to the need for role models and
mentoring programs for youth and especially at-risk youth.
• There appears to be a lack of a coordinated approach between the City of Santa
Ana and the Santa Ana Unified School District. Although these entities work
together from time-to-time, it appears as though regular, coordinated and
collaborative efforts to improve community health are not undertaken regularly or
often.
• The Commission must work to increase trust between some neighborhoods and
government. The Commission found that in a number of neighborhoods there
exist a distrust of government in general, thus contributing to a lack of
communication.
• EPIC must consider the political spectrum and encourage bridge-building to be
effective. The Commission recognizes the political process is critical in getting
things done and it pledges to work with government at all levels to accomplish its
goals and objectives.
• The private sector must be connected to community needs and more job
opportunities must be created. Once again, nearly all research efforts have
identified employment opportunities for youth and families as one key step in
reducing gang membership and violence.
EPIC Progress Report to City Council - 2008 Page 20
19D-21
• Strengthening the family unit must be high on the priority list. The Commission
heard from community members who emphasized the importance of the family in
reducing delinquency and increasing the likelihood of graduation from high
school.
• Community-based infrastructure must become a priority with government at all
levels, including streets, lighting and general maintenance. There is frustration in
some neighborhoods with regard to police services, having a clean community,
public maintenance, education and job training.
• Graffiti continues to be a critical problem in many parts of the City. This is a
critical issue that can lead to more serious violations.
• The private sector needs to get more involved in early prevention and
intervention efforts by working with the Commission and other organizations,
both public and private.
• The Commission has to become better connected to other groups, government
and the community in order to be successful. Efforts must be made during 2008
to provide better coordination of programs and services and avoid duplication of
effort.
• Youth must be set as a highly important priority by the City and the Council, as
well as all other government organizations.
• The Commission has diverse and dynamic representation from varied groups
and organizations.
• Some commissioners have expressed a lack of mission clarity, especially early
on, due to the Commission's structure and somewhat contradictory ordinance
language. The Commission will review the ordinance in 2008 and will make
recommendations for any needed changes.
• Awareness and visibility regarding the Commission's efforts need to be increased
through media exposure and attendance at meetings of other organizations.
• The community wants to build better and more productive relationships with law
enforcement agencies and other government agencies that can address at-risk
youth.
• The commission studied ten gang related areas and determined four specific
areas were a representative sample of city-wide gang problems for an
assessment.
EPIC Progress Report to City Council - 2008 Page 21
19D-22
MAJOR FOCUS AREAS FOR 2008
In addition to conducting the assessment and based on the strategic planning
process, the Commission believes the areas listed below should constitute its focus
during 2008. While the Commission will be integrally involved in the conduct of a
comprehensive assessment, it will also work on issues and projects that are vital to the
wellness of the community. These include:
• Develop a comprehensive Community Asset Map that will include content and
location for government, private and non-government organization assets.
• Engage the community, particularly parents, in youth-related problem solving
efforts and initiatives.
• Explore job and economic development opportunities and resources for youth
and families. Determine what and where these opportunities exist and how EPIC
can help connect these opportunities and resources with those in need.
• Reduce the incidence of graffiti and associated costs.
• Help improve police-community relations as they affect youth and gangs.
• Help improve coordination efforts between the City of Santa Ana and the Santa
Ana Unified School District.
• Organize and conduct a Santa Ana community-wide conference on youth and
gangs with City Council approval and support.
CRITERIA FOR PROGRAM EVALUATION AND LONG-TERM SUCCESS
The Commission determined early on that in order to make sound
recommendations for programs and initiatives, it had to adopt rigorous criteria for
evaluating effectiveness and efficiency. Too often government and many non-
government organizations have spent money on programs that were neither designed
properly nor measured appropriately to determine their effectiveness. There are many
examples in California of programs that misused grant funds or did not meet
expectations for success. While remaining open to innovative and groundbreaking
ideas, the Commission is determined to ensure that its recommendations reflect
evidence-based initiatives and strategies to ensure that money is spent on programs
that have a reasonable likelihood of success.
The comprehensive assessment will include a review of research-based, proven
solutions that have been used in similar communities to develop effective short,
medium, and long-term strategies to prevent gang recruitment and gang violence.
There are a number of publications and organizations that track and review the success
EPIC Progress Report to City Council - 2008 Page 22
19D-23
or failure of initiatives aimed at reducing youth and gang crime as well as early
prevention and intervention efforts. These organizations and their work product will be
utilized not only during the assessment process, but on an ongoing basis. In addition,
the Commission will carefully review the report from the City of Los Angeles9 on how to
evaluate the efficacy of programs and what criteria can be used to measure success.
This report, along with the assessment results, will assist EPIC in making
recommendations that are grounded in reality and have a clear potential for
accomplishing their goals and objectives.
The Commission believes that any initiative must have well articulated and
measurable objectives. During its strategic planning retreat, the Commission developed
a series of potential benchmarks that can be used to determine whether its work and
strategies have helped create healthier and more successful communities for youth and
their families. These benchmarks will be expressed in specific, measurable
percentages over years (i.e. a 25% decrease in gang violence in 2 years), and include:
• Increased community involvement and new EPIC members
• Reduction in gang crime
• Increased and sustained support by government officials, as well as private and
public agencies
• A significant decrease in the number of Santa Ana youth who are in the criminal
justice system/institutions
• Significant reduction in gang membership
• Increase in the number of Santa Ana youth who are gainfully employed
• Increased community satisfaction in neighborhoods as related to gang activity
• Improved parental awareness of gang issues and activity
• Increase in student participation in mentoring programs
• Identify specific numbers of at-risk youth and ensure they are involved in positive
programs and activities (i.e. EPIC, Youth Commission, etc.)
• Reduce graffiti so that the cost of removal is significantly lower
• Increase the number of Santa Ana neighborhoods that have an action plan for
graffiti.
s Los Angeles Controller Laura Chick released a comprehensive report on anti-gang initiatives and how to
evaluate community-based and government programs to ensure the wise spending of public and private
funds. The report is available at http://www.lacity.org/ctr/audits/Final_Report_2-14-08.pdf.
EPIC Progress Report to City Council - 2008 Page 23
19D-24
INTERIM RECOMMENDATIONS
While the Commission recognizes the comprehensive assessment will provide
the basis for its strategic plan recommendations to the City Council in late 2008 or early
2009, it also believes that it has enough information and experience with the issues to
make interim recommendations in addition to the comprehensive assessment that will
help facilitate its work moving forward.
1. The Commission recommends that the City of Santa Ana conduct a
comprehensive community assessment. A comprehensive assessment will
allow the Commission, the community and its partners to make sound, practical
and achievable recommendations to the City Council.
2. The City should seek opportunities to improve communications and
coordination of all youth-related issues and grant applications. The size of
the city and the scope of youth-based delinquency warrant consideration for a
centralized point in the City organization to coordinate and direct youth-related
efforts citywide. The Commission would like to work with the City Council to
develop either a position or a clearly designated point of coordination within the
existing City structure to ensure it is properly defined and aligned with City
Council priorities.
3. The City Council should require that EPIC be informed of all new City at-
risk youth and gang-related initiatives and planned programs to ensure
consistency and alignment with EPIC focus goals and objectives. EPIC
would merely review the initiative or program to ensure an opportunity to
comment, alert the City to any potential conflicts or redundancies, and provide
alternative views as appropriate. The review would be handled promptly so as
not to delay any process, and would take place at the Commission's monthly
meetings. The Commission would ensure all initiatives and programs be
documented to the City in quarterly reports or Commission minutes. The
Commission believes that its perspective would add value to any new youth-
related initiative or issue.
4. The City Council should adopt a resolution which clearly identifies youth
and youth-related issues as a top priority for the City. The Commission
recognizes the City's Vision Statement incorporates the importance of youth and
youth-related issues to the City, and the City Council fully supports a Youth
Master Plan. The Commission also recognizes the City has a number of
priorities, but at-risk youth issues should be a priority and merit a resolution
supporting early prevention and intervention efforts specifically. The resolution
should be clear that youth gang violence is a public health issue and will be
treated accordingly. The council resolution must make the close coordination of
EPIC Progress Report to City Council - 2008 Page 24
19D-25
early prevention and intervention efforts one of their priorities. The City of Santa
Ana and other government organizations must approach the youth gang issue as
a public health problem that must be dealt with in a carefully coordinated
strategic and systemic long-term approach.
5. The City Council should increase the number of commissioners to 18 with
the addition of one young adult to the block of voting members. The
Commission needs the perspective of young people to truly understand the
issues and develop sound recommendations. At least one young adult should be
a voting member of the Commission. The Commission would ask the Santa Ana
Youth Commission to make the recommendation of the new EPIC member.
CONCLUSION
During its founding year the Commission spent a significant amount of time
reviewing the nature and scope of the gang problem in the City and the county. It also
sought to become familiar with the initiatives, programs and resources that constitute
the current approach to reducing youth gang membership and violence. Through
careful research and collaboration, the Commission established its strategic direction in
compliance with the ordinance and the wishes of the City Council. The Commission
also developed a roadmap that will lead to sound recommendations for effective and
sustainable initiatives and programs.
The Commission sought to meet with community members and organizations
both formally and informally, to truly understand how the community feels about the
youth gang problem and, more importantly, to make their feelings and opinions the
hallmark of the Commission's work. After all, it is the residents and businesses of Santa
Ana who know and understand the problem best, as they experience it every day.
Thus, any solutions will only work if they are included from the start in the Commission's
work and deliberations. The community meetings and the walking tours are a prime
example of how the Commission has and will continue to make the community a true
partner in its work.
The comprehensive assessment will provide the Commission with a clear picture
of the community with respect to neighborhood and family wellness, the factors that
contribute to youth gang membership and what successful resources and programs can
be deployed in Santa Ana to improve conditions. The assessment will also outline what
key concepts and components must be contained in any initiative that is recommended
to the City Council. Thus, the assessment is a critical and paramount component of the
Commission's work.
EPIC Progress Report to City Council - 2008 Page 25
19D-26
Lastly, the Commission strongly believes that in order for any of its work to be
truly meaningful, the following principles must be adopted and engrained in all the
thinking and practices of the Commission and its partners:
• The youth gang problem is a public health issue that must be viewed and
addressed systemically and strategically, rather than piece-meal and in short
isolated efforts.
• This systematic approach must include a firm and enduring commitment from
the City Council and other government and non-profit agencies as well as the
private sector at all levels.
• Resources, programs and initiatives must be carefully coordinated to ensure
there is no duplication of efforts.
• Initiatives must be sustainable.
• The community must be the central point upon which all the solutions are
based, and it must be a full partner at the table.
The Commission understands how difficult its work will be going forward, and
how the youth gang problem cannot be solved easily nor in the short term. However, it
also understands that leadership and hard work can and will result in incremental
progress that will begin to create more resilient and healthy communities in Santa Ana.
###
EPIC Progress Report to City Council - 2008 Page 26
19D-27
19D-28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
APPROVAL AND ADOPTION OF
CONDITIONS FOR FINAL SANTA ANA
ENTERPRISE ZONE DESIGNATION
l.~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve and adopt a Negative Declaration for the Santa Ana
Enterprise Zone.
2. Direct staff to comply with all conditions as outlined by the
California Department of Housing and Community Development so the
Santa Ana Enterprise Zone can receive final designation.
DISCUSSION
On January 31, 2008, the City of Santa Ana received a Conditional 15-year
Enterprise Zone designation from the California Department of Housing and
Community Development.
The Enterprise Zone (EZ) Program was created by the State of California
Legislature for the purpose of stimulating the economy in areas deemed by
the State to be economically challenged. The program offers State Tax
Incentives to businesses in the zone which helps the City retain
companies and attract new companies to the area.
On March 17, 2008, the City of Santa Ana received a letter from the
California Department of Housing and Community Development describing the
conditions that must be met before a Final Enterprise Zone designation
can be issued. The conditions to be met include: describing the
elements of the Hiring Credit vouchering plan, providing a detailed
analysis of the advertising and promotional strategy for the EZ, and a
listing of the staff that will be involved with the marketing of the EZ.
Also, one of the conditions required by the State in order to receive a
Final Enterprise Zone designation is the submission of a Negative
Declaration. This Negative Declaration addresses the environmental
19E-1
Approval and Adoption of Conditions
for Final Santa Ana EZ Designation
June 2, 2008
Page 2
impacts of designation of the proposed zone and finds that the project
would not create a significant effect on the environment.
In accordance with the California Environmental Quality Act, a Negative
Declaration was prepared for this project. The Negative Declaration was
circulated for a 30-day public review period from April 30, 2008, through
May 30, 2008. No comments were received as of the date of preparation of
this action.
The Negative Declaration finds that the State Enterprise Zone (SEZ)
designation is a financial incentive program encouraging businesses to
locate in Santa Ana and does not result in any specific demolition
project, construction project, land acquisition project or any other
development project. Therefore, the SEZ would have less-than-significant
impacts and the Negative Declaration, Environmental Review No. 2007-190,
will be filed for this project (Exhibit 1).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Nancy T. dwards
Assistan Director
Community Development Agency
NTE/RW/mlr
060206 Approve&AdoptConditions EZ Designation
19E-2
Initial Study
And
Negative Declaration
for
Santa Ana State Enterprise Zone
Prepared for:
City of Santa Ana
20 Civic Center Plaza, M-25
Santa Ana, CA 92702
Contact: Ray White, Enterprise Zone Representative
714/647-5384
Prepared by.•
Jones & Stokes
17310 Red Hill Avenue, Suite 320
Irvine, CA 92614-5600
Contact: Chad Beckstrom, AICP
949/260-1080
November 2007
EXHIBIT 1
19E-3
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCIL MEMBERS
David Benavides
Carlos Bustamante
Michele Martinez
Sal Tinajero
vncent F. Sarmiento
CITY OF SANTA ANA
PLANNING ~ BUILDING AGENCY
20 Civic Center Plaza (M-20)
P.O. BOX 1988 • Santa Ana, California 92702
www.santa-ana.org
NEGATIVE DECLARATION
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Patricia E. Healy
Pursuant to the Procedures of the City of Santa Ana for implementation of the California
Environmental Quality Act, the Environmental Evaluator has completed an Initial Study
for the project described below:
Project Number: ER No. 2007-190
Applicant: City of Santa Ana
Project Location /Address: The proposed SEZ is contained entirely within
city limits and encompasses approximately 16.32 square miles.
Project Title /Description: The proposed SEZ is designed to attract new businesses,
create new jobs, and retain existing businesses and jobs in the city. The project would
allow businesses located within the SEZ to take advantage of state tax incentives and City
benefits. The SEZ, in and of itself, would not result in any specific construction projects,
land acquisition projects, or other development projects. The Santa Ana SEZ would have
a horizon year of 2023, extending 15 years from the June 7, 2008, expiration date of the
existing enterprise zone.
And does hereby find:
The proposed project would not create a significant effect on the environment. The
proposed project analyzed in the Initial Study would result in either no impactor less than
significant impact to each environmental factor evaluated.
C3~te;
Sergi c Planner
Thtg dIM8A1'1i11~8r! flGfAli atlo~P6ad ba+'tl1s d~i~ipn-I'n~tl~irgl r ~'~d~~isaf~fB++~
t3ffi~i~l, and a 'natic~rt is died.
19E-4
r
~r
Contents
Page
Chapter 1 Introduction and Overview ..........................................
Overview .........................................................................
Authority ......................................................................... .
Scope of the IS/MND ......................................................
Impact Terminology ........................................................
IS/MND Organization ......................................................
.................1-1
.................1-1
.................1-1
.................1-2
.................1-2
.................1-3
Chapter 2 Project Description ...............................................................................2-1
Project Overview .....................................................................................2-1
Project Background ................................................................................2-1
Project Location ......................................................................................2-2
Existing Conditions and Surrounding Land Uses ...................................2-2
Chapter 3 Environmental Checklist ......................................................................3-1
I. Aesthetics ................................................................... .................15
11. Agricultural Resources ................................................... .................16
Ill. Air Quality ...................................................................... .................16
IV. Biological Resources ..................................................... .................18
V. Cultural Resources ........................................................ .................19
VI. Geology and Soils .......................................................... .................20
VII. Hazards and Hazardous Materials ................................. .................22
VIII. Hydrology and Water Quality ......................................... .................23
IX. Land Use and Planning ...............................:................. .................25
X. Mineral Resources ......................................................... .................25
XI. Noise .............................................................................. .................26
XII. Population and Housing ................................................. .................27
XIII. Public Services .............................................................. ................. 27
XIV. Recreation ..................................................................... .................28
XV. Transportation/Traffic ..................................................... .................29
XVI. Utilities and Service Systems ......................................... .................30
XVII. Mandatory Findings of Significance ............................... .................32
Chapter 4 References ............................................................................................4-1
Printed References .................................................................................4-1
Chapter 5 Preparers ...............................................................................................5-1
Santa Ana State Enterprise Zone
Initial Study
i
19E-5
November 2007
J8S 00814.07
Figures
Figure Follows Page
1 Regional Location ...................................................................................2-2
2 Project Area ............................................................................................2-2
Santa Ana State Enterprise Zone November 2007
Initial Study 19 E-6
J8S 00814.07
r
Acronyms and Abbreviations
AELUP Airport Environs Land Use Plan
ALUC Airport Land Use Commission
AQMP Air Quality Management Plan
Basin South Coast Air Basin
CNEL Community Noise Equivalent Levet
C02 carbon dioxide
DAMP Drainage Area Management Plan
FAR Federal Aviation Regulation
Farmland Prime Farmland, Unique Farmland or Farmland of Statewide
Importance
GHG greenhouse gas
I-5 Santa Ana Freeway
NPDES National Pollutant Discharge Elimination
PCBs polychlorinated bipheynals
PUC Public Utilities Commission
RCPG Regional Comprehensive Plan and Guide
RWQCB Regional Water Quality Control Board
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SR-22 Garden Grove Freeway
SR-55 Newport Freeway
VMT vehicle miles traveled
Santa Ana State Enterprise Zone
Initial Study ~~~
19E-7
November 2007
J$S 00814.07
r~
4~
Mr
Nr
M
^
w
w
Chapter 1
Introduction and Overview
Overview
The City of Santa Ana (City) has prepared this initial study (IS) to evaluate the
potential environmental consequences associated with the application of the City
to the State of California Department of Housing and Community Development
(HCD) fora 15-year State Enterprise Zone (SEZ) designation. The proposed
SEZ is designed to attract new businesses, create new jobs, and retain existing
businesses and jabs in the City. The proposed project would allow businesses
located within the zone to take advantage of state tax incentives and City
benefits. The proposed Santa Ana SEZ is contained entirely within City limits and
encompasses approximately 16.32 square miles.
Santa Ana received its original SEZ designation on June 8, 1993, and is now one
of 42 enterprise zones throughout California. The existing Santa Ana SEZ
encompasses approximately 11.09 square miles. The original boundary included
approximately 9.53 squaze miles, while the expansion azea, approved on August
1, 1994, added approximately 1.56 squaze miles. Companies already in the SEZ
can qualify- for benefits, as do new businesses relocating or expanding into the
SEZ. The City's SEZ designation lasts for 15 yeazs, and there aze currently over
11,000 businesses residing in the zone.
As part of the HCD's consideration of the SEZ designation, the proposed project
is required to undergo an environmental review in accordance with the California
Environmental Quality Act (CEQA}. The initial study is a preliminary analysis
prepared by a lead agency to determine whether an environmental impact report
or a negative declaration is required. If the initial study concludes that the
project may have a significant effect on the environment, an environmental
impact report must be prepared. Otherwise, a negative declazation or mitigated
negative declaration is prepared. The information in this initial study supports
the process to be taken for the appropriate CEQA compliance document.
M
r
Authority
The preparation of an IS is governed by two principal sets of documents: CEQA
(Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines
va~na n~~a oiatC ~merpnse cone
Initial Study 1-1
19E-8
November 2007
J&S 00814.07
City of Santa Ana
Chapter 1. Introduction and Overview
(California Code of Regulations Section 15000, et seq.). Where appropriate and
supportive to an understanding of the issues, reference will be made either to the
statute, the State CEQA Guidelines, or appropriate case law.
This IS, as required by CEQA, contains 1) a project description; 2) a description
of the environmental setting, potential environmental impacts, mitigation
measures for any significant effects, and consistency with plans and policies; and
3) names of prepazers.
Scope of the IS
This IS evaluates the proposed project's effects on the following resource topics:
^ aesthetics,
^ agricultural resources,
^ air quality,
^ biological resources,
^ cultural resources,
^ geology and soils,
^ hazards and hazardous materials,
^ hydrology and water quality,
^ land use and planning,
^ mineral resources,
^ noise,
^ population and housing,
^ public services,
^ recreation,
^ tra.nsportation/traffic,
^ utilities and service systems, and
^ mandatory findings of significance.
Impact Terminology
The following terminology is used to describe the level of significance of
impacts:
^ A finding of no impact is appropriate if the analysis concludes that the
project would not affect the particulaz topic azea in any way.
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City of Santa Ana Chapter 1. Introduction and Overview
^ An impact is considered less than significant if the analysis concludes that it
would cause no substantial adverse change to the environment and requires
no mitigation.
^ An impact is considered less than significant with mitigation incorporated if
the analysis concludes that it would cause no substantial adverse change to
the environment with the inclusion of environmental commitments or other
enforceable measures that have been agreed to by the applicant.
^ An impact is considered potentially significant if the analysis concludes that
it could have a substantial adverse effect on the environment.
IS Organization
The content and format of this report are designed to meet the requirements of
CEQA. The report contains the following sections.
^ Chapter 1, "Introduction and Overview," identifies the purpose and scope of
the IS and the terminology used in the report.
^ Chapter 2, "Project Description," identities the location, background, and
planning objectives of the project and describes the proposed project in
detail.
^ Chapter 3, "Environmental Checklist and Analysis," presents the checklist
responses for each resource topic. This section includes a brief setting
section for each resource topic and identifies the impacts of implementing the
proposed project.
^ Chapter 4, "References," identifies all printed references and individuals
cited in this IS.
^ Chapter 5, "List of Preparers," identifies the individuals who prepared this
report and their areas of technical specialty.
Santa Ana State Enterprise Zone November 2007
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Chapter 2
Project Description
Project Overview
The City is submitting an application to the State of California HCD for a
15-year SEZ designation. The proposed SEZ is designed to attract new
businesses, create new jobs, and retain existing businesses and jobs in the city.
The project would allow businesses located within the SEZ to take advantage of
state tax incentives and City benefits.
The SEZ, in and of itself, would not result in any specific construction projects,
land acquisition projects, or other development projects. Such activities may
occur from individual projects as an indirect result of the SEZ business
incentives; however, those projects would be subject to individual environmental
review pursuant to CEQA, as well as the City's general plan and zoning
regulations. The Santa Ana SEZ would have a horizon year of 2023, extending
15 years from the June 7, 2008, expiration date of the existing enterprise zone.
Project Background
Original enterprise zones had their beginning in Britain, which offered tax
reductions and a lifting of regulatory burdens for local businesses. The main
objective was to foster an attractive business environment in specific areas where
economic growth was lacking. Two legislative bills, Assembly Bill (AB) 40 and
AB 514, were approved in 1984 and established the Enterprise Zone and
Economic Incentive Area Programs in the State of California. The Nolan Bill
provided for the establishment of 25 enterprise zones, while the Waters Bill
provided for the establishment of 9 program/economic incentive areas. The bills
varied slightly in terms of the incentives offered to businesses; however, both
programs were designed to help communities spur business growth and job
generation by offering state tax credits and incentives to qualifying businesses.
The first zones/areas were awarded in 1986 and by 1993 all original "slots"
provided by legislation were filled. With the passage of Senate Bill (SB) 2023 in
1997, the two zone programs were unified into an even stronger and more
lucrative program. SB 965, which was also passed in 1997, made the Work
Opportunity Tax Credit and its successor programs an automatic Enterprise Zone
Hiring Program qualifier. In 1990, with the onset of the recession and the impact
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City of Santa Ana Chapter 2. Project Description
of the state's budget on local revenues, the City sought a means to bolster its
economic development efforts. The SEZ program appeared to be the appropriate
avenue to pursue. Thus, in fiscal year 1991-1992, Santa Ana began the intensive
and highly competitive application process for the program. Santa Ana's
application was one of 22 submitted for the remaining five designations allowed
under the Nolan Bill at the time (five more slots have since been added by
legislation).
In the application, the City demonstrated a strong commitment to its residents
and businesses and proposed awell-defined marketing plan to ensure the SEZ's
success. The City was able to do this based on the powerful foundation it had
built through its previous economic development efforts. This foundation,
coupled with the support the City received from its business, brokerage, lending,
and residential communities, all provided key ingredients in producing a
successful application.
Santa Ana received its designation on June 8, 1993, and now holds one of 42
enterprise zones throughout California. The existing Santa Ana SEZ
encompasses approximately 11.09 square miles. The original boundary included
approximately 9.53 square miles, while the expansion area, approved on August
1, 1994, added approximately 1.56 square miles. Companies already in the zone
can qualify for benefits, as do new businesses relocating or expanding into the
zone. The City's enterprise zone designation lasts for I S years, and there aze
currently over 11,000 businesses within the zone.
Project Location
The proposed Santa Ana SEZ is contained entirely within city limits and
encompasses approximately 16.32 square miles. Figure 1 shows the regional
location, and Figure 2 shows the proposed boundaries of the Santa Ana SEZ.
Existing Conditions and Surrounding Land Uses
The proposed project area is located in a highly developed urban area. Land uses
within the SEZ and vicinity aze characterized by generally moderate to
high-density urban uses, including residential, commercial, schools, Santa Ana
College and train depot, and industrial uses.
Santa Ana State Enterprise Zone November 2007
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Figure 1
Regional Vicinity
19E-1 3 Santa Ana Enterprise zone
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j Environmental Checklist
For CEQA Compliance
PLANNING DIVISION
I. Project Title: Santa Ana State Enterprise Zone
11. Project Numbers: ER 2007-190
Ili. Lead Agency Name and Address: City of Santa Ana,
20 Civic Center Plaza, M-25
Santa Ana, CA 92702
IV. Project Planner and Phone Number: Sergio Klotz (714) 667-2700
V. Location: Citywide (see Figure 2-2 in Chapter 2 for project boundaries)-
VI. Environmental Determination. On the basis of this initial evaluation, I find that:
A. ® The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE
DECLARATION will be prepared.
B. ^ Although the proposed project could have a significant effect on the environment, there will not be a significant
effect in this case because revisions to the project have been made by or agreed to by the applicant. A
MITIGATED NEGATIVE DECLARATION will be prepared.
C. The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT
REPORT is required.
D. ^ Although the proposed project could have a significant effect on the environment, because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. - }pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that are imposed upon the project, nothing further is required.
E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only
minor technical changes or additions are necessary to make the previous EIR adequate and these changes do
not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR
shall be prepared;
F. ^ Pursuant to Sectiori 151.62 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however,
subsequent proposed chariges_in the project andlor new information of substantial importance will cause one
yr more sigP~c~ nt effects not preciously discussed. A SUBSEQUENT EIR shall be prepared.
Printed
~,!.o.a
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Project Sponsor's Name and Address:
City of Santa Ana Community Development Agency
20 Civic Center Plaza, M-25
Santa Ana, CA 92702
General Plan Designation:
Various.
Zoning:
Various.
Description of Project:
See Chapter 2.
Surrounding Land Uses and Setting:
The proposed project area is located in a highly developed urban area. Land uses within the proposed
SEZ and vicinity are characterized by generally moderate to high-density urban uses, including
residential, commercial, schools, Santa Ana College and train depot, and industrial uses.
Other agencies whose approval is required:
State of California Department of Housing and Community Development.
Santa Ana State Enterprise Zone November2007
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Environmental Checklist
For CEQA Compliance
Environmental Factors Potentially Affected:
The environmental factors checked below reflect potentially significant impacts associated with the
proposed project, as indicated by the checklist on the following pages.
O Aesthetics O Mineral Resources
O Agricultural Resources O Noise
O Air Quality O Population /Housing
O Biological Resources O Public Services
O Cultural Resources O Recreation
O Geology /Soils 0 Transportation /Traffic
O Hazards and Hazardous Materials O Utilities /Service Systems
O Hydrology /Water Quality O Mandatory Findings of Significance
O Land Use and Planning
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Evaluation of Environmental Impacts:
I. A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based on
project-specific factors as well as general standards (e.g., the project would not expose sensitive
receptors to pollutants, based on aproject-specific screening analysis).
II. All answers must take account of the whole action involved, including offsite as well as onsite,
cumulative as well as project-level, indirect as well as direct, and construction as well as
operational impacts.
III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
IV. "Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures and briefly explain how they
reduce the effect to a less than significant level.
Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues & Supporting Information Sources Impact Incorporated Impact Impact
1. Aesthetics -Would the project:
A. Have a substantial adverse effect on a scenic vista? ^ ^ ® ^
B. Damage scenic resources, including but not limited ^ ^ ^
to, trees, rock outpourings and historic buildings
within a state highway?
C. Substantially degrade the existing visual character
or quality of the site and its surroundings? ^ ^ ® ^
D. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area? ^ ^ ® ^
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A
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N
N
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Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues & Supporting Information Sources Impact Incorporated Impact Impact
11. Agricultural Resources - In determining whether impacts to agricultural resources are significant
environmental .effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model prepared by the California Department of Conservation as an optional model to use in
assessing impacts on agricultural farmland. Would the project:
A. Convert Prime Farmland, Unique Farmland or ^ ^ ^
Farmland of Statewide Importance (Farmland) to
non-agricultural use? (The Farmland Mapping and
Monitoring Program in the California Resources
Agency, Department of Conservation, maintain
detailed maps of these and other categories of
farmland.)
B. Conflict with existing zoning for agricultural use or ^ ^ ^
a Williamson Contract?
C. Involve other changes in the existing environment ^ ^ ^
which, due to their location or nature, could
individually or cumulatively result in loss of
Farmland, to non-agricultural use?
III. Air Quality -Where available, the significance criteria established by the applicable air quality management
or pollution control district may be relied upon to make the following determinations. Would the project:
A. Conflict with or obstruct implementation of ^ ^ ^
applicable Air Quality Attainment Plan or
Congestion Management Plan?
B. Violate any stationary source air quality standard ^ ^ ® ^
or contribute to an existing or proposed air quality
violation?
C. Result in a cumulatively considerable net increase ^ ^ ® ^
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard (including
releasing emission which exceed quantitative
thresholds for ozone precursors)?
D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^
concentrations?
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Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues & Supporting Information Sources Impact Incorporated Impact Impact
E. Create objectionable odors affecting a substantial ^ ^ ® ^
number of people?
IV. Biological Resources -Would the project:
A. Have a substantial adverse impact, either directly ^ ^ ® ^
or through habitat modifications, on any species
identified as a candidate, sensitive or special
status species in local or regional plans, policies or
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Services?
B. Have a substantial adverse impact on any riparian ^ ^ ® ^
habitat or natural community identified in local or
regional plans, policies, and regulations or by the
California Department of fish and Game or U.S.
Fish and Wildlife Service?
C. Adversely impact federally protected wetlands ^ ^ ^
(including, but not limited to, marsh, vernal pool,
coastal, etc.) either individually or in combination
with the known or probable impacts of other
activities through direct removal, filling hydrological
interruption, or other means?
D. Conflict with any local policies or ordinances ^ ^ ® ^
protecting biological resources, such as tree
preservation policy or ordinance?
V. Cultural Resources -Would the project:
A. Cause a substantial adverse change in the ^ ^ ® ^
significance of a historical resource as defined in
Section 15064.5?
B. Cause a substantial adverse change in the ^ ^ ® ^
significance of a unique archaeological resource
pursuant to define Section 15064.5?
C. Directly or indirectly disturb or destroy a unique ^ ^ ® ^
paleontological resource or site?
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Less Than
Significant
Potentially with Less Than
Issues 8~ Supporting Information Sources Significant
Impact Mitigation
Incorporated Significant
Im
act No
I
p mpact
D. Disturb any human remains, including those ^ ~ ^ ® ^
interred outside of formal cemeteries?
VI. Geology and Soils -Would the project:
A. Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
1. Rupture of a known earthquake fault, as ^ ^ ^
delineated on the most recent on the most
recent Alquist-Priolo Earthquake Fault Zoning
map issued by the State Geologist for the
area or based on other substantial evidence
of a known fault?
2. Strong seismic ground shaking? ^ ^ ® ^
3. Seismic-related ground failure, including ^ ^ ® ^
liquefaction?
4. Landslides? ^ ^ ® ^
B- Would the project result in substantial soil erosion ^ ^ ® ^
or the loss of topsoil?
C. Would the project result in the loss of a unique ^ ^ ^
geologic feature?
D. Is the project located on strata or soil that is ^ ^ ® ^
unstable or that would become unstable as a result
of the project and potentially result in on-or off-site
landslide, lateral spreading, subsidence
,
liquefaction or collapse?
E. Where sewers are not available for the disposal of ^ ^ ^
wastewater, is the soil capable of supporting the
use of septic tanks or alternative wastewater
disposal systems?
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Less Than
Significant
Potentially with Less Than
Issues 8 Su
pporting Information Sources Significant Mitigation Significant
Impact Incorporated Impact
VII. Hazards and Hazardous Materials -Would the project:
A. Create a significant hazard to the public or the ^ ^
environment through the routine transport, use or
disposal of hazardous materials?
'. - B. Emit hazardous emissions or handle hazardous or
t ^ ^
acu
ely hazardous materials, substance or waste
within one-quarter mile of an existing or proposed
school?
C. Be located on a site which is located on a list of ^ ^
hazardous materials sites compiled pursuant to
Government Code Section 659662.5 and, as a
result, would it create a significant hazard to the
public or the environment?
D. For a project located within an airport land use
l ^ ^
p
an or where such a plan has not been adopted
,
within two miles where of a public airport or public
use airport, would the project result in a safety
hazard for people residing or working in the project
area?
VIII. Hydrology and Water Quality -Would the project:
A. Violate Regional Water Quality Control Board ^ ^
water quality standards or waste discharge
requirements?
B- Substantially deplete groundwater supplies or ^ ^
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (i.e., the production rate of pre-existing
nearby wells would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted)?
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`~
Issues r9i Supporting Information Sources
C. Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of stream or river, or substantially
increase the rate or amounf of surface runoff in a
manner which would result in flooding on or off-
site?
D. Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted run-off?
E. Place housing withiri a 100-year floodplain, as
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
F. Place within a 100-year floodplain structures which
would impede or redirect flood flows?
G. Place housing within a 100-year floodplain, as
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
IX. Land Use and Planning -Would the project:
A. Physically divide an established community?
B. Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
C. Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
^ ^ ~ ^
^ ^ ^
^ ^ ® ^
^ ^ ^
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Issues 8~ Supporting Information Sources
X. Mineral Resources -Would the project:
A. Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific plan, or
other land use plan?
XI. Noise -Would the project result in:
A. Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or applicable
standards of other agencies?
B. Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise
levels?
C. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
D. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without project?
E. For a project located within an airport land use
plan or where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project expose people residing or
working in the project area to excessive noise
levels?
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Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant
Impact Incorporated Impact
^ ^ ^
^ ^
^ ^
^ ^
^ ^
^ ^
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Issues 8~ Supporting Information Sources
XII. Population and Housing -Would the project:
A. Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and business) or indirectly (for example,
through extension of roads or other infrastructure)?
B. Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
C. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
XIII. Public Services
A. Would the project result in substantia! adverse
physical impacts associated with the provision of
new or physically altered govemmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service rations, response
times or other performance objectives for any of
the public service:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
^ ^ ® ^
^ ^ ^
^ ^ ^
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
~ ^ ® ^
~ ^ ^
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Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues ~ Supporting Information Sources Impact Incorporated Impact Impact
XIV. Recreation
A . Would the project increase the use of existing ^ ^ ® ^
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated.
B. Does the project include recreational facilities or ^ ^ ^
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
XV. Transportation /Traffic
A. Cause an increase in traffic which is substantial in ^ ^ ® ^
relation to the existing traffic load and capacity of
the street system (i.e. result in a substantial
increase in either the number of vehicle trips, the
volume to capacity ration on roads, or congestion
at intersections?)
B. Exceed, either individually or cumulatively, a level ^ ^ ® ^
of service standard established by the county
congestion management agency for designated
roads or highways?
C. Result in a change in air traffic patterns, including ^ ^ ® ^
either an increase in traffic levels or a change in
location that results in substantial safety risks?
D. Substantially increase hazards to a design feature ^ ^ ® ^
(e.g. sharp curves or dangerous intersections) or
incompatible uses (e.g. farm equipment)?
E. Result in inadequate emergency access? ^ ^ ® ^
F. Result in inadequate parking capacity? ^ ^ ® ^
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G. Conflict with adopted policies supporting ^ ^ ® ^
alternative transportation (e.g. bus turnouts, bicycle
racks)?
Issues & Supporting Information Sources
XVI. Utilities and Service Systems
A. Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
B. Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
C. Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
D. Are sufficient water supplies available to serve the
project from existing entitlements and resources or
are new or expanded entitlements needed?
E. Result in the determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
F. Is the project served by a landfill with sufficient
permitted capacity to accommodate the project's
sold waste disposal needs?
G. Comply with federal, state and local statutes and
regulations related to solid waste?
Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
^ ^ ® ^
^ ^ ^
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Less Than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues & Supporting Information Sources Impact Incorporated Impact Impact
XVII. Mandatory Findings of Significance
A. Does the project have the potential to degrade the ^ ^ ® ^
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
B. Does the project have impacts that are individually ^ ^ ® ^
limited but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, effects of other current projects and the
effects of probable future projects).
C. Does the project have environmental effects which ^ ^ ® ^
will cause substantial adverse effects on human
beings, either directly or indirectly?
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I. Aesthetics
A. Less-Than-Significant Impact. The City of Santa Ana General Plan (1982) does not
specifically identify any scenic vistas within the city limits; however, the City of Santa Ana
General Plan Scenic Corridor Plan does identify scenic corridors within the city limits (City of
Santa Ana 1982:27). There are three major types of scenic corridors: high-speed corridors,
~~ such as freeways; primary street corridors; and secondary corridors. The high-speed
corridors include the Santa Ana Freeway (I-5), Newport Freeway (SR-55), and Garden Grove
Freeway (SR-22). These freeways operate at a regional scale. The plan requires buffer
edges and landscaped edges to screen unnecessary views of the actual freeways and
promote selected views of the city. Primary corridors are significant transportation and
activity features of the city and are accessible by all freeways. Examples include First/Fourth
' Streets, Main/Broadway, and MacArthur Boulevard. Secondary corridors provide "stitching°
to link neighborhoods, district centers, and mixed use corridors together. Examples of
secondary corridors include Harbor Boulevard and Fairview Avenue. The scenic corridor
~ plan identifies specific goals, policies, and implementation programs for the designated
~~ scenic corridors. The proposed SEZ does not include any specific construction, renovation,
or demolition projects. New construction or redevelopment activities that may occur as an
indirect result of the SEZ business incentives would be evaluated on a case-by-case basis at
the time of the proposed action in accordance with CEQA and the City of Santa Ana
development review and permitting process. Therefore, impacts to scenic vistas are
considered less than significant and no further study is necessary.
~~ 8. No Impact. I-5, SR-55, and SR-22 are the three highways that traverse the city. None of
these highways are identified or eligible as a state scenic highway (Caltrans 2007)..
Therefore, the proposed project could not damage scenic resources such as trees, rock
outcroppings, and/or historic buildings within a state scenic highway, since there are no state
'
~ scenic highways within
the project area. No impact would occur.
C. Less-Than-Significant Impact. The City of Santa Ana General Pfan (1982) and specific
elements (i.e.: Land Use Element of 1998) have identified a number of scenic resources and
land use characteristics and qualities that should be preserved, including city scenic corridors
3
i (discussed above) and historical districts and buildings.
The City of Santa Ana has a designated Downtown Historical District identified on the
National Register of Historic Places. This District contains several historical buildings,
landmarks, and resources. The City of Santa Ana General Plan Land Use Element (1998)
and Citywide Design Guidelines (revised 2006) .identify specific goals and policies to
i preserve the character and nature of the historic district and historic buildings and landmarks.
The proposed SEZ does not propose any specific construction, renovation, or demolition
projects. Individual projects as a result of the SEZ would be evaluated in accordance with
City plans, policies, development standards, and design guidelines. If physical changes to
the built environment occur within the vicinity of the scenic corridors or historic
districts/buildings/landmarks as an indirect result of the proposed project, any identified
indirect impacts to the scenic corridors or historic districts would be identified during the
case-by-case evaluation as part of the City's development and review process and in
accordance with CEQA requirements. Therefore, impacts related to aesthetic effects are
considered less than significant.
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D. Less-Than-Significant Impact. The proposed SEZ does not propose any specific
development projects or public improvements related to increase in light or glare. There is a
potential that new development could occur as an indirect result of the SEZ business
incentives, which could include exterior lighting and parking lots. Any potentially indirect
impacts regarding light and glare would be evaluated on a case-by-case basis in accordance
with CEQA during the City's development and review process. Therefore, impacts related to
light and glare are considered less than significant.
II. Agricultural Resources
A. No Impact. According to the Land Use Element of the Santa Ana General Plan, the city is
designated primarily as Residential, Urban, Industrial, and Commercial (City of Santa Ana
1998:LUE-6). Although the city is mostly urbanized, there are prime farmlands, unique
farmlands, and farmlands of statewide importance within the city limits (California Department
of Conservation, Farmland Mapping and Monitoring Program 2006). These farmlands,
however, are not located in the proposed SEZ area. Therefore, no important farmland would
be converted as a result of the proposed project. No impact would occur.
B. No Impact. The wlliamson Act Contract applies to parcels consisting of at least 20 acres of
prime farmland or at least 40 acres of land not designated as prime farmland. The California
Department of Conservation indicates that there are no Williamson Act Contract or
Preservation lands on or near the project site (California Department of Conservation,
Division of Land Resource Protection, wlliamson Act Program 2006). Therefore, no
wlliamson Contract lands would be removed as part of the proposed project and the
proposed project would not conflict with existing agricultural zoning. No impact would occur.
C. No Impact. The proposed project would not disrupt or damage the operation or productivity
of any areas designated as farmland. As discussed above, no farmland is located within the
project site or within the surrounding areas that would be affected by any elements of the
proposed project. No impact would occur.
III. Air Quality
A. No Impact. The proposed SEZ is located within the South Coast Air Basin (Basin). The
South Coast Air Quality Management District (SCAQMD) is required, pursuant to the federal
Clean Air Act, to reduce emissions of criteria pollutants for which the Basin is in
nonattainment (i.e., 03, PM,o, and PM25). The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development activities. Any individual
projects that may occur as an indirect result of SEZ business incentives would be subject to
the SCAQMD's Air Quality Management Plan (AQMP). The AQMP contains a
comprehensive list of pollution control strategies directed at reducing emissions and
achieving ambient air quality standards (SCAQMD 2003). These strategies are developed, in
part, based on regional population, housing, and employment projection prepared by the
Southern California Association of Governments (SCAG).
SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San
Bernardino, and Imperial Counties, and addresses regional issues relating to transportation,
the economy, community development, and the environment. Wth regard to air quality
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~`;~,
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planning, SCAG has prepared the Regional Comprehensive Plan and Guide (RCPG), which
includes Growth Management and Regional Mobility chapters that form the basis for the land
use and transportation control portions of the AQMP, and are utilized in the preparation of the
air quality forecasts and consistency analysis included in the AQMP. Both the RCPG and
AQMP are based, in part, on projections originating with County and City general plans.
Since the proposed SEZ would not result in any direct changes to existing land use
designation or density allotments of any community plan, pursuant to SCAQMD guidelines, it
is considered consistent with the region's AQMP. As such, the proposed SEZ would not
conflict with or obstruct implementation of the AQMP. Therefore, no impact would occur.
B. Less-Than-Significant Impact. As discussed above, the project site is located within the
Basin. State and federal air quality standards are often exceeded in many parts of the Basin.
The proposed SEZ does not include any specific construction, renovation, or demolition
projects. It is a business incentive program to provide financial incentives for businesses to
locate within Santa Ana. Any emissions generated by individual projects that may occur as
an indirect result of the SEZ business incentives are unknown and speculative at this time.
With the passage of AB 32, the Global Warming Solutions Act of 2006, California is faced
with reducing greenhouse gas (GHG) emissions,' and impacts related to the generation of
GHG emissions are being addressed as part of the CEQA process. Automobiles have been
identified as the greatest source of GHG emissions, and the quantity of GHG emissions from
automobiles is directly correlated with the amount of vehicle miles traveled (VMT). Because
automobiles are the largest contributor to carbon dioxide (COZ) emissions, it can be deduced
that if a project does not result in an increase of daily trips or VMT, that the project would not
result in an increase of GHG emissions. The proposed project would not directly generate
any increase of daily trips or VMT because it would not result in any specific demolition,
construction, land acquisition, or other development activities. The proposed SEZ is a
financial program to promote business development in Santa Ana and does not include
specific construction, development, demolition, or remodeling projects. Furthermore, any
specific project that indirectly results from the SEZ's business incentives would be evaluated
on a case-by-case basis using CEQA and undergo the development and review process of
the City. Therefore, the proposed project has less-than-significant impacts regarding green
house gases and no further study is needed.
C. Less-Than-Significant Impact. The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development project. Individual
projects that could occur as an indirect result of SEZ business incentives would be evaluated
on a case-by-case basis under CEQA during the City's development and review process.
Any direct or indirect impacts of the projects that may indirectly because of the SEZ
incentives would be evaluated at that time and any necessary mitigation measures would be
incorporated at that time. Therefore, impacts of the proposed SEZ are considered less than
significant.
D. Less-Than-Significant Impact. Sensitive receptors that could be impacted by the project
consist of people that are susceptible to health effects, such as respiratory disease, from
activities around them. Sensitive receptors are typically found at schools, hospitals, senior
care facilities, and residences. The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development project. Any direct or
~ Greenhouse gases related to human activity include: carbon dioxide, methane, nitrous oxide, tetrafluoromethane,
hexafluoroethane, sulfur hexafluoride, HFC-23, HFC-134a, and HFC-152a.
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indirect impacts of the projects that may result from the SEZ incentives would be evaluated
on a case-by-case basis under CEQA during the City's development and review process.
Therefore, impacts of the proposed SEZ are considered less than significant.
E. Less-Than-Significant Impact. According to the SCAQMD CEQA Air Quality Handbook,
activities associated with odor complaints typically include agriculture, wastewater treatment
plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and
fiberglass molding (SCAQMD 1993). The proposed project does not include any specific
construction projects, land acquisitions, or other development projects; therefore, the
proposed project would not produce any objectionable odors. Any specific development
projects indirectly resulting from the financial mechanisms and business incentives of the
SEZ would be subject to comply with SCAQMD Rules 1108 and 1113. These rules limit the
amount of volatile organic compounds from cutback asphalt and architectural coatings and
solvents to reduce the odor producing potential during and after construction (SCAQMD
1985, 2006). Additionally, these projects would be subject to evaluation under CEQA during
the City's development and review process and odor-producing impacts would be evaluated
at that time. Therefore, impacts of the proposed SEZ are considered less than significant.
IV. Biological Resources
A. Less-Than-Significant Impact. The city of Santa Ana is largely developed and urbanized,
and the affected parcels under the proposed SEZ are primarily commercial and industrial
land uses. The open space areas throughout the city no longer reflect native biological
habitats that existed prior to urbanization. Although there is a lack of native habitats in the
city, the California Department of Fish and Game identifies the San Diego horned lizard as a
sensitive species in the area. However, this species is limited in range. Additionally, the last
time the lizard was sighted was in 1922; it was located in the northern area of Santa Ana
(City of Santa Ana 1998:LUE-A-43).
Although the SEZ does not propose any specific construction, renovation, or demolition
projects, potential impacts to the San Diego horned lizard could occur from development that
occurs as an indirect result of the SEZ business incentives. Any future development
occurring as an indirect result of the SEZ would be required to go through the City's
development review process, and would be evaluated for its potential biological impacts.
Where needed, mitigation measures using the regulations imposed by the California
Department of Fish and Game or the U.S. Fish and Wildlife Service would be required to
avoid or minimize potential biological impact. Therefore, due to the general lack of habitat
and the established regulatory requirements, the potential of the SEZ to indirectly result in
activities that would violate sensitive species regulations or policies is considered less than
significant.
B. Less-Than-Significant Impact. The proposed SEZ is generally void of any riparian habitat
or other natural communities. The Santa Ana River is channelized and no longer contains
riparian habitat; therefore, it does not have the potential to accommodate sensitive biological
resources. Santiago Creek, which contains more native vegetation and unlined channels,
also runs through portions of the project area. However, the potential to impact biological
resources within Santiago Creek are minimal, and would be mitigated on a case-by-case
basis in accordance with established regulatory criteria. Therefore, impacts would be less
than significant.
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C. No Impact. The proposed SEZ would not result in impacts to wetland areas because no
wetlands are located within the proposed SEZ. The Santa Ana River is channelized and no
longer contains any wetland habitats (City of Santa Ana 1998:A-44). Santiago Creek is not
fully channelized and has areas throughout that are designated as open space. These open
space areas are thought to be riparian habitats; however, the potential to impact riparian
habitats within the Santiago Creek are minimal, and would be mitigated on a case-by-case
basis in accordance with established regulatory criteria. Additionally, no natural blue line
streams are identified in the area according to topographic maps published by the U.S.
Geologic Survey (City of Santa Ana 1998:A-44). Therefore, no impact would occur.
x D. Less-Than-Significant Impact. The proposed SEZ possibly contains habitat for the San
Diego horned lizard. However, any future development occurring as an indirect result of the
SEZ business incentives would be required to go through the City's development review
process. This process would evaluate any potentially significant impacts to sensitive species
at that time. Where needed, mitigation measures using the regulations imposed by the
' ~ California Department of Fish and Game or the U.S. Fish and Wildlife Service would be
imposed in order to comply with any policies or ordinances that protect sensitive biological
resources. Therefore, impacts would be less than significant.
:r ~ V. Cultural Resources
A. Less-Than-Significant Impact. There are a number of locations in the city and proposed
SEZ that are considered to be National and State Historic Resources (City of Santa Ana
1998:A-51). Aside from the sites listed in the National Register of Historic Places, the City
has developed a list of culturally significant sites, which have been included in the Santa Ana
Register of Historic Properties (Santa Ana 1998:A-51). Additionally, the California State
Historic Resources Inventory also includes some 1,500 structures and sites in the city (Santa
Ana 1998:A-51). The Santa Ana Downtown Historic District, bordered by Flower Street to the
west, 10"' Street to the north, 1~ Street to the south, and one block past Main Street to the
east, was listed on the National Register of Historic Places in 1984 (Santa Ana 1998:A-54).
The nomination recognized this district as having the largest and earliest collection of
downtown buildings in Orange County, made of various eclectic architectural styles ranging
from the years 1889 to 1934, with a preponderance of 1920s architecture. The district as a
whole features an articulated variety of recognized 1920s design styles including Spanish
Revival, Classical Revival, and Beaux-Arts. With this are many Modern-style early 1930s
facades placed upon buildings that were damaged after the 1933 Long Beach earthquake.
French Park and Henninger Park, along with North Broadway, Floral Park, North Central,
Northeast, and Wilshire Square neighborhoods are identified as other historic areas in the
city (Santa Ana 1998:A-51). Furthermore, there may be structures, buildings, and
~ subterranean historic resources within the project area that have not been listed or otherwise
evaluated for their historic significance. The proposed SEZ does not actually result in any
construction project, land acquisition project, or other development project; individual projects
may occur as an indirect result of SEZ business incentives. Individual projects would be
subject to evaluation under CEQA during the City's development and review process and
impacts to historical resources would be evaluated at that time, along with any necessary
mitigation. Therefore, the impacts of the proposed SEZ to historical resources are
considered less than significant.
B. Less-Than-Significant Impact. The project site is located within an urbanized area and has
been disturbed by previous and existing development. However, the land use element of the
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general plan (1998) identifies six prehistoric sites located within 1 mile of city boundaries and
18 historical archeological sites within the city (City of Santa Ana 1998:A-51). There may
also be archaeological resources within the project area that have not been identified or
otherwise evaluated for their potential historic significance. The General Plan identifies that
UCLA Archeological Information Center recommends a review of the South Central Coastal
Information Center for future development located adjacent to areas where archeological
resources had been found in order to identify sensitive areas (City of Santa Ana 1998:A-51).
The proposed SEZ does not include the construction, development, demolition, or
remodeling of any specific project. Furthermore, any individual project that indirectly results
from the business incentives provided by the SEZ would undergo the mandatory CEQA
evaluation under the City's development and review process. Any impacts to archaeological
resources would be identified during this process and mitigation measures would be provided
if and when necessary. Therefore, the proposed SEZ would have less-than-significant
impacts on archeological resources.
C. Less-Than-Significant Impact. Although the proposed project site is located within an
urbanized area and has been disturbed by previous and existing development, the proposed
SEZ may potentially contain unknown paleontological resources. Shallow excavations of any
projects occurring indirectly as a result of the SEZ are unlikely to encounter significant fossil
resources. Excavations exceeding 5 feet in depth in any undisturbed sediments could
potentially uncover and disturb potentially significant fossil resources. However, the
proposed SEZ would not directly result in any specific construction project, land acquisition
project, or other development project. Any individual projects resu-ting from the business
incentives provided by the SEZ would undergo the mandatory CEQA evaluation under the
City's development and review process. Any impacts to paleontological resources would be
identified during this process and mitigation measures would be provided if and when
necessary. Therefore, the proposed SEZ would have less-than-significant impacts on
paleontological resources.
D. Less-Than-Significant Impact. The project area is not known to contain human remains
interred outside formal cemeteries. There are at least three cemeteries in the city of Santa
Ana. The proposed SEZ would not directly result in any specific construction project, land
acquisition project, or other development project that would require the disruption of known
human remains. Any projects that occurred as an indirect result of the SEZ may include
grading and excavation. If a discovery of human remains is made during a project that
indirectly occurred from the SEZ, the discovery would be regulated by state law, which
requires the stop of work and reporting to authorities. The existing state law regarding the
discovery of human remains reduces impacts of the proposed SEZ to less than significant.
VI. Geology and Soils
A-1 No Impact. According to the most recent Alquist-Priolo Zoning Map, no known fault traces
are located in the city of Santa Ana (California Department of Conservation, California
Geologic Survey 2006). No impact would occur.
A-2 Less-Than-Significant Impact. Seismic hazard from ground shaking is typical for large
areas of southern California. Faults within relative close proximity to the city of Santa Ana
include the Newport-Inglewood (L.A. Basin) Fault, the Newport-Inglewood (offshore} Fault,
and the Compton Thrust Fault. All of these faults are typical of southern California seismicity,
and it is reasonable to expect a strong ground motion seismic event during the lifetime of any
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proposed project in the region. The probability and consequences of such earthquakes are
unknown, but they could result in minor structural damage and possible injuries, ranging up
to large-scale destruction and possible fatalities. The proposed project includes fiscal
mechanisms designed to attract new business and retain existing businesses and jobs in the
most economically distressed areas of the city. The zone designation would not result in any
specific construction project, demolition project, land acquisition project, or other
development project. Such activities may occur from individual projects as an indirect result
of the SEZ business incentives; however, these would occur in accordance with building and
safety standards as specified by the City Building Division. All buildings would be
constructed in compliance with the latest earthquake-resistant design and relevant codes
available. Impacts are considered less than significant.
A-3 Less-Than-Significant Impact. The term liquefaction describes a phenomenon in which a
saturated, cohesionless soil loses strength and acquires a degree of mobility as a result of
strong ground shaking during an earthquake. The factors known to influence liquefaction
potential include soil type and depth, grain size, relative density, groundwater level, degree of
saturation, and both the intensity and duration of ground shaking. The City has identified
specific liquefaction areas that range between a very high to very low liquefaction potential
(City of Santa Ana 1998:A-39). Generally, the southern and western areas of the city have a
high and high-medium liquefaction potential
whereas the central to northeast areas of cit
,
y
have a low liquefaction potential. The proposed project includes fiscal mechanisms designed
to attract new business and retain existing businesses and jobs in the most economically
distressed areas of the city. Any specific construction project, demolition project, land
acquisition project, or other development project that indirectly arise from the implementation
of the SEZ would occur in accordance with building and safety standards as specified by the
City Building Division. These standards inherently provide for measures to reduce the
t
ti
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po
en
a
mpacts of liquefaction to structures. In addition, project sites within liquefaction
zones would require specialized geotechnical analyses to address potential hazards, and the
incorporation of design measures with oversight by the City Building Division. These
technical studies would provide a more site-specific evaluation of the area and provide
additional design measures for site preparation
excavation
grading
and construction
This
,
,
,
.
evaluation and design measures would also reduce potential impacts related to liquefaction.
Therefore, potential impacts would be less than significant.
A-4 Less-Than-Significant Impact. The project area is generally flat and fully developed. The
proposed project includes fiscal mechanisms designed to attract new business and retain
existing businesses and jobs in the most economically distressed areas of the city. Any
specific construction project, demolition project, land acquisition project, or other
development project that indirectly arise from the implementation of the SEZ would occur in
accordance with building and safety standards, as specified by the City Building Division.
Therefore, potential impacts would be less than significant.
B. Less-Than-Significant Impact. The proposed project area is generally flat and fully
developed. Developed land generally has minimal amounts of erosion and usually does not
contribute to the loss of topsoil. Furthermore, the General Plan Land Use Element (1998)
identifies that an erosion hazard is associated mainly with soils along the Santa Ana River
and Santiago Creek (City of Santa Ana 1998:A-37). Since the Santa Ana River is mainly
channelized with concrete, erosion hazards only remain with Santiago Creek (City of Santa
Ana 1998:A-37). Santiago Creek is located in the northern part of the city. It runs partially
along the northeastern boundary of the proposed SEZ, and joins the Santa Ana River just
south of Garden Grove Boulevard. The proposed project includes fiscal mechanisms
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designed to attract new business and retain existing businesses and jobs in the most
economically distressed areas of the city. It does not include specific development projects.
Any specific development project, demolition project, land acquisition project, or other
development project that indirectly arise from the implementation of the SEZ would occur in
accordance with accepted engineering practices and best management practices for the
control of erosion, as well as building and safety standards as specified by the City Building
Division. Therefore, impacts would be less than significant.
C. No Impact. The project area is largely urban and previously developed. The general plan
(1982) does not specify any unique geologic or physical feature(s) within the city to be
preserved. Therefore, no impact would occur.
D. Less-Than-Significant Impact. Subsidence, swelling, and ground settlement are generally
due to the withdrawals of fluids such as oil or water from the earth. Soils in portions of the
city along the Santa Ana River may be subject to settling since these areas contain
unconsolidated and recent alluvium (City of Santa Ana 1998:A-40). Any specific construction
project, demolition project, land acquisition project, or other development project that
indirectly arise from the implementation of the financial mechanisms of the SEZ would occur
in accordance with building and safety standards as specified by the City Building Division.
These standards inherently provide for measures to reduce the potential impacts of unstable
soil and subsidence to structures. In addition, it is likely geotechnical studies would be
required and prepared for most construction activities within the city. These studies would
provide a more site-specific evaluation of the area and certain design measures for site
preparation, excavation, grading, and construction. This evaluation and proposed design
measures would also reduce any potential impacts related to unstable soil and subsidence.
Therefore, potential impacts would be less than significant.
E. No Impact. Sewer access is available throughout the project area. No septic tanks or
alternative wastewater disposal systems would be included as part of the proposed project.
Additionally, Santa Ana is a fully developed city with a full wastewater infrastructure system
and any projects that indirectly arise from the implementation of the proposed project would
likely use the existing wastewater infrastructure system. No impact would occur.
VII. Hazards and Hazardous Materials
A. Less-Than-Significant Impact. The proposed project would not result in any specific
demolition project, construction project, land acquisition project, or other development
project; therefore, the proposed project does not have the capability of creating a significant
hazard to the public or the environment since it would not routinely transport, use, or dispose
of hazardous materials. Due to past and current practices, certain locations within the
proposed SEZ are identified as potential sources of environmental hazards. Generally, areas
identified as potential sources of contamination would be evaluated for their potential to
impact human health and the environment in Phase land/or Phase II environmental site
assessments. These would be required as part of the City development review process and
the evaluation of potential impacts from hazards or sources of contamination. Additionally,
depending on the age of structures within the SEZ, it is possible that asbestos, lead-based
paint, and polychlorinated bipheynals (PCBs) could be disturbed during any
renovation/demolition activities associated with individual projects indirectly occurring as a
result of the SEZ business incentives. These types of impacts would need to be addressed
on a case-by-case basis under CEQA during the City's development and review process. At
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that time, hazardous impacts would be identified- and mitigation measures proposed if
necessary. Therefore, impacts are considered less than significant.
B. Less-Than-Significant Impact. The proposed project involves designating parts of the city
of Santa Ana as an SEZ to provide financial incentives for the promotion of economic
development in depressed areas of the city. The proposed project would not result in any
specific demolition project, construction project, land acquisition project, or other
development project. These types of impacts would be addressed on a case-by-case basis
under CEQA during the City's development and review process. Any impacts related to
hazardous emissions, and mitigation measures needed, would be identified at that time.
Therefore, impacts are less than significant.
C. Less-Than-Significant Impact. The proposed project would not result in any specific
demolition project, construction project, land acquisition project, or other development
project. These types of impacts would be addressed on a case-by-case basis under CEQA
during the City's development and review process. Any impacts related to hazardous
emissions, and mitigation measures needed, would be identified at that time. Therefore,
impacts are less than significant.
D. Less-Than-Significant Impact. The closest airport to the proposed SEZ is John Wayne
Airport. The southern/southeastern section of the proposed SEZ is located within the
boundaries of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, which is
administered by the Orange County Airport Land Use Commission (ALUC). The part of the
proposed SEZ within the AELUP area is also within the Height Restriction Zone for the John
Wayne Airport and the notification area of the Federal Aviation Regulation {FAR) Part 77
Imaginary Surfaces aeronautical obstruction area. The SEZ would not directly result in any
specific construction project, land acquisition project, or other development project.
However, any projects that occur as an indirect result of the SEZ would need to evaluate the
notification requirements of Part 77 and complete a Form 7460-1, if required. Additionally,
any projects indirectly resulting from the SEZ would require a referral by the City to the ALUC
if those projects were located within the AELUP Planning Area and if they required certain
City approvals (i.e. the zone change) under PUC Section 21676(b). These types of impacts
would be addressed on a case-by-case basis under CEQA during the City's development
and review process. Any impacts related to hazardous emissions, and mitigation measures
needed, would be identified at that time. Therefore, impacts are less than significant.
VIII. Hydrology and Water Quality
A. Less-Than-Significant Impact. The city of Santa Ana is included within four watersheds:
San Diego Creek, Santa Ana River, Talbert, and Westminster. Each of these watershed
areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board
(RWQCB), and subject to the objectives, water quality standards, and best management
practice requirements established in the Santa Ana River Basin Plan and Orange County
Drainage Area Management Plan (DAMP). The City of Santa Ana Storm Water Management
Program Ordinance (Municipal Code Ch. 18) governs all projects within the city to comply
with the Orange County DAMP and the Santa Ana RWQCB N1S4 permit, which is the
National Pollutant Discharge Elimination (NPDES) permit that governs storm water
discharges into the public storm system (MDS Consulting 2007:1). The city of Santa Ana
does not contain any impaired water bodies, as defined by Section 303 of the Clean Water
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Act. However, the city does contain several drainage facilities that convey surface water
runoff into bodies of water that are classified as impaired.
The proposed SEZ does not propose any specific construction, renovation, or demolition
projects. Any future development occurring as an indirect result of the SEZ would be
required to go through the City's development review process, and would be evaluated for
potential impacts to water quality under CEQA. Where needed, mitigation measures using
the above referenced regulations would be required to avoid or minimize potential water
quality impacts caused by any individual project occurring as an indirect result of the
proposed SEZ. Therefore, impacts of the proposed SEZ to water quality are considered less
than significant.
B. Less-Than-Significant Impact. The SEZ .does not propose any specific construction,
renovation, or demolition projects, yet potential groundwater impacts could occur from
development as an indirect result of the SEZ business incentives. Therefore, any future
development occurring as an indirect result of the SEZ would be required to go through the
City's development review process, and would be evaluated for its potential impacts to
groundwater supplies or groundwater recharge. Currently, the city receives 64% of its water
from groundwater wells; this percentage is regulated by the Orange County Water District's
allowable basin pumping percentage (City of Santa Ana 2005:2-3). This amount can be
adjusted as needed based on groundwater basin hydrologic conditions (City of Santa Ana
2005:2-4). Therefore, the potential of the SEZ to indirectly result in activities that would
substantially deplete groundwater supplies or interfere substantially with groundwater
recharge is considered to be less than significant.
C. Less-Than-Significant Impact. The proposed SEZ covers an area of existing intense urban
development. Runoff from existing and future developed areas would continue to be
conveyed via manmade drainage s#ructures, and ultimately drain to the Santa Ana River and
the Pacific Ocean. Any future development occurring as an indirect result of the proposed
SEZ financial incentives would be required to go through the City's development review
process. Any future individual project would be evaluated for any increase in the rate and
flow of water runoff and/or increase in polluted runoff under CEQA. Where needed,
mitigation measures would be required to avoid or minimize potential impacts caused by any
individual project occurring as an indirect result of the proposed SEZ at the time of the
project's review. Therefore, impacts of the proposed SEZ to water quality are considered
less than significant.
D. Less-Than-Significant Impact. The proposed SEZ covers an area of intense urban
development. Runoff from developed areas would continue to be conveyed via manmade
drainage structures, ultimately draining to the Santa Ana River. Given the intense existing
urban development within the proposed SEZ, it is not likely that the proposed SEZ
designation would substantially alter drainage patterns or cause substantial offsite erosion
due to induced development and growth as a result of SEZ business incentives.
Furthermore, any future individual project indirectly resulting from the proposed SEZ financial
incentives would be evaluated under CEQA during the City's development and review
process. At this time impacts would be evaluated related to changes in drainage and erosion
and mitigation measures would be proposed. Thus, the proposed SEZ would have less-than-
significant impacts.
E. Less-Than-Significant Impact. The entire proposed project area is within the City of Santa
Ana. It is located within the 100-year floodplain and the 500-year floodplain (City of Santa
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Ana 1998:A-41). The proposed SEZ would operate as a business recruitment and retention
tool, intended to attract new businesses and help existing businesses to expand. Therefore,
the proposed SEZ would not result in any new residential development or housing projects
and would not place housing within the 100-year floodplain. Additionally, no new flooding
risks to existing development would occur as a result of the proposed SEZ. Thus, impacts
would be less than significant.
Less-Than-Significant Impact. The proposed SEZ would be located within the 100-year
floodplain, as well as the 500-year floodplain. These floodplains are associated with the
Prado Dam Inundation Zone. Prado Dam is a flood control and water conservation project
constructed and operated by the U.S. Army Corps of Engineers, Los Angeles District. The
Los Angeles District has begun construction to increase the capacity of the reservoir behind
Prado Dam (USAGE 2006). The SEZ is a business recruitment and retention tool, which
would not result in the placement of any structures within the 100-year or 500-year floodplain.
Although structures could be developed as an indirect result of the SEZ business incentives,
the improvements to Prado Dam would limit any potential flood impacts created by these
structures dr to these structures. Also, any structures built as an indirect result of the SEZ
designation would be required to comply with regulations imposed by the Flood Plain
Management Ordinance (City of Santa Ana 1982:19). Impacts would be less than significant.
G. Less-Than-Significant Impact. As stated under Section VIII-F, the proposed project is
within the 100-year floodplain; however, improvements to Prado Dam and the requirements
imposed by the Flood Plain Management Ordinance would limit flooding impacts created by
the structures or to the structures. Therefore, impacts would be less than significant.
IX. Land Use and Planning
A. No Impact. The proposed project would not physically divide any established communities
or neighborhoods. The proposed SEZ would not involve the extension of highways or other
physical barriers through the community that could divide community areas. Therefore, no
impact would occur.
B. Less-Than-Significant Impact. The proposed project would not result in any specific
demolition project, construction project, land acquisition project, or other development
project; therefore, the proposed project would not conflict with any applicable land use plan,
policy, or regulation of an agency with jurisdiction over the project. However, individual
projects that may occur as an indirect result of the SEZ business incentives would comply
with land use plans, policies, and programs set forth in the existing community and
redevelopment plan(s) relevant to the SEZ, and the City's general plan and specific plans
relevant to the SEZ. Therefore, impacts would be less than significant.
C. No Impact. According to the City of Santa Ana General Plan Land Use Element EIR, there
are no habitat conservation plans or natural community conservation plans established within
the city (City of Santa Ana 2004:11). Therefore, the proposed SEZ would not be in conflict
with any habitat conservation or natural community conservation plans. No impact would
occur.
X• Mineral Resources
Santa Ana State Enterprise Zone November 2007
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A. No Impact. Portions of the city of Santa Ana are designated by the Califomia Department of
Conservation as having areas containing mineral deposits the significance of which cannot
be evaluated from available data (MZ-1), as well as areas where the information indicates
that no significant mineral deposits are present, or where it is judged that little likelihood
exists for their presence (MZ-3) (California Department of Conservation, Division of Mines
and Geology, 1994). Since no significant mineral deposits exist within the project area, no
impact would occur.
XI. Noise
A. Less-Than-Significant Impact. The City of Santa Ana Noise Element uses outdoor and
indoor noise limits for residential land uses impacted by transportation noise sources based
on Community Noise Equivalent Level (CNEL). The City noise element states that for
residential land use, the exterior noise exposure level will not exceed 65 CNEL, and the
interior noise exposure level will not exceed 45 CNEL. Additionally, the City noise ordinance
is designed to control unnecessary, excessive, and annoying sounds from stationary
(nontransportation) noise sources.
The proposed SEZ is a financial incentive program to encourage and promote businesses to
locate in Santa Ana. The proposed SEZ would not result in any specific demolition project,
construction project, land acquisition project, or other development project that would expose
persons to or generate noise levels in excess of city standards. Any future development
projects that occur as an indirect result of the proposed SEZ business incentives would be
subject to CEQA review under the City's redevelopment review process. They would be
evaluated for noise impacts and where needed, mitigation measures, such as the preparation
of noise reports, incorporation of sound attenuation measures, and compliance with the City's
noise ordinance, may be required to avoid or minimize potential noise impacts. Since these
types of impacts would be addressed on a case-by-case basis at the time of the review of
any individual project that indirectly resulted from the SEZ financial incentives, the proposed
SEZ would have less-than-significant impacts.
B. Less-Than-Significant Impact. The proposed SEZ is a financial incentive program to
encourage and promote businesses to locate in Santa Ana. The proposed SEZ would not
result in any specific demolition project, construction project, land acquisition project, or other
development project; therefore, the proposed SEZ would not result in any excessive
groundborne vibrations or groundbome noise levels. The City's redevelopment review
process would evaluate the future project(s) and where needed, mitigation measures, such
as the preparation of noise reports, incorporation of sound attenuation measures, and
compliance with the City's noise ordinance, would be required to avoid or minimize potential
noise impacts. Therefore, since the proposed SEZ would not generate excessive
groundborne vibrations, and the proposed SEZ would have less-than-significant impacts.
C. Less-Than-Significant Impact. The proposed SEZ is a financial incentive program to
encourage and promote businesses to locate in Santa Ana. The proposed SEZ would not
result in any specific demolition project, construction project, land acquisition project, or other
development project; therefore, the proposed project would not result in any permanent
increase in ambient noise levels in the project vicinity above levels existing without the
proposed project. Individual projects that may indirectly result from the SEZ incentives would
be subject to CEQA evaluation during the City's development and review process. Impacts
related to any permanent increase in ambient noise levels would be identified and where
Santa Ana State Enterprise Zone November 2007
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needed, mitigation measures, such as the preparation of noise reports, incorporation of
sound attenuation measures, and compliance with the City's noise ordinance, would be
required to avoid or minimize potential noise impacts. Therefore, the proposed SEZ would
have less-than-significant impacts.
D. Less-Than-Significant Impact. See XIC above.
E. Less-Than-Significant Impact. A small part of the proposed SEZ in the southern portion of
th
i
e c
ty is located within the Airport Environs Land Use Plan area for the John Wayne Airport.
' This small part is located in the established flight path for the airport and is within the airport's
60-d BA CNEL noise contour (Airport Land Use Commission 2002). This noise level would
exceed the City of Santa Ana Exterior Noise Ordinance criteria at certain times of the day.
Individual projects, which may indirectly result from the SEZ incentives, would be subject to a
~ CEQA review and evaluation during the City's development and review process. Any
impacts regarding air traffic that could potentially expose people to excessive air traffic noise
levels would be evaluated at that time and mitigation measures would be proposed where
necessary. Therefore, the proposed SEZ would have less-than-significant impacts regarding
., airport noise.
XII. Population and Housing
A. Less-Than-Significant Impacts. SCAG develops population forecasts employed for long-
range planning of the city and surrounding southern California region. The proposed SEZ in
and of itself would not result in increased population projections within the project area.
Individual projects that may occur as an indirect result of SEZ business incentives could
result in increased business opportunities. The proposed SEZ does not include the
construction of housing, and indirect population growth that could potentially result from the
SEZ incentives would be negligible as most business owners and employees currently reside
in the area. Therefore, impacts would be less than significant.
B. No Impact. The proposed project would not result in any specific demolition project,
construction project, land acquisition project, or other development project; therefore, the
proposed project does not have the capability of displacing substantial numbers of existing
housing necessitating the construction of replacement housing elsewhere. Individual
development projects indirectly resulting from the financial incentives of the SEZ would be
limited to commercial and industrial areas, and would not directly affect residential properties.
Therefore, no impact would occur.
C. No Impact. As stated in Section XII-B above, the proposed project would not displace
housing and, therefore, substantial numbers of people. No impact would occur.
XIII. Public Services
Fire Protection:
Less-Than-Significant Impact. The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development project. Therefore, fire
services within or throughout the proposed SEZ would not be directly affected. Individual
projects that may occur as an indirect result of the SEZ business incentives would be subject
~~ Santa Ana State Enterprise Zone November 2007
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to local and state fire codes. Any new development would likely replace existing structural
development, and would not significantly increase the net demand for fire protection.
Additionally, with new development and tenant improvements, fire systems are often
upgraded, which could potentially reduce fire protection demand. Adequate fire protection
services are currently available, and the proposed project would not substantially increase
demand for fire protection services. Therefore, impacts would be less than significant.
Police Protection
Less-Than-Significant Impact. The Santa Ana Police Department provides police
protection services for the proposed project area. The proposed SEZ would not result in any
specific construction project, land acquisition project, or other development project.
Therefore, police protection services within or throughout the proposed SEZ would not be
directly affected. The proposed project may indirectly increase development and businesses
opportunities in the area, thereby contributing to an increased demand for police protection.
Any new development would likely replace existing structural development, and would not
significantly increase the net demand for police protection. Additionally, new development
and more successful businesses could lead to reduced criminal activity. Adequate police
protection services are currently available, and the proposed project would not substantially
increase demand for police protection services. Therefore, impacts would be less than
significant.
Schools
Less-Than-Significant Impact. School services in the city are provided by the Santa Ana
Unified School District. The demand for new schools is generally associated with population
increases or impacts on existing schools. The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development project. Additionally, the
proposed project would not significantly increase the population, thereby placing a significant
added burden on the Santa Ana schools. Therefore, impacts would be less than significant.
Parks
Less-Than-Significant Impact. The demand for parks is generally associated with the
increase of housing or population in an area. The proposed SEZ would not result in any
specific construction project, land acquisition project, or other development project.
Therefore, park services within or throughout the proposed SEZ would not be directly
affected. Additionally, the proposed project would not significantly increase the population,
thereby placing a significant added burden on the Santa Ana parks. Therefore, impacts
would be less than significant.
Other Public Facilities
No Impact. The project would not require any other new or altered service facilities. No
impact would occur.
XIV. Recreation
A. Less-Than-Significant Impact. An increase in the use of parks is generally associated with
the increase of housing or population in an area. The proposed SEZ would not result in any
Santa Ana State Enterprise Zone
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Environmental Checklist
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specific construction project, land acquisition project, or other development project.
Therefore, park services within or throughout the proposed SEZ would not be directly
affected. Additionally, the proposed project would not significantly increase the population,
thereby placing a significant added burden on the Santa Ana parks. Therefore, impacts
would be less than significant.
~~ B. No Impact. The proposed SEZ would not result in any specific construction project, land
,~ acquisition project, or other development project. The proposed project does not include the
development of recreational facilities or require the construction or expansion of existing
recreational facilities. Therefore, no impact would occur.
XV. TransportationlTraffic
A. Less-Than-Significant Impact. The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development project. Therefore, the
proposed project would not directly increase traffic. The proposed SEZ is a financial
incentive program to encourage businesses to locate in Santa Ana. Individual projects that
may occur as an indirect result of SEZ business incentives would be subject to CEQA review
under the City's development and review process at the time of their proposal. Any impacts
to traffic would be evaluated and disclosed at that time and mitigation measures to reduce or
avoid any identified impacts would be proposed.
B. Less-Than-Significant Impact. See Section XV.A above.
C. Less-Than-Significant Impact. The closest airport to the proposed SEZ is John Wayne
Airport. The southern/southeastern section of the proposed SEZ is located within the
boundaries of the AELUP for John Wayne Airport, which is administered by the ALUC. This
area is within the Height Restriction Zone for the John Wayne Airport and the notification
;~ area of the FAR Part 77 Imaginary Surfaces aeronautical obstruction area. The SEZ would
not directly result in any specific construction project, land acquisition project, or other
development project. Any projects that occur as an indirect result of the SEZ business
incentives would need to evaluate the notification requirements of Part 77 and complete a
Form 7460-1, if required. Additionally, any projects indirectly resulting from the SEZ business
'~' incentives would require a referral by the City to the ALUC if those projects were located
within the AELUP Planning Area and if they required certain City approvals (i.e. zone
~`:~ change) under Public Utilities Commission (PUC) Section 21676(b). These types of impacts
would be evaluated during the CEQA review as part of the City's development and review
process. Therefore, the proposed SEZ would have less-than-significant impacts regarding .
air traffic hazards.
D. Less-Than-Significant Impact. The proposed SEZ would not result in any specific
construction project, land acquisition project, or other development project. Therefore, traffic
,s~ design features within or through the SEZ would not be directly affected nor would it increase
incompatible uses. Any individual projects that indirectly result from the incentives of the
SEZ would be subject to review on a case-by-case basis during the City's development and
review process. During this time, impacts would be identified and evaluated and where
~ needed, mitigation measures would be identified to reduce or avoid impacts. Therefore, the
-~
a~ proposed SEZ would have less-than-significant impacts regarding traffic design features.
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E. Less-Than-Significant Impact. The proposed SEZ would not result in any impacts to
emergency access within or through the SEZ. Any specific projects indirectly resulting from
the SEZ business incentives would have to go through the City's development review and
permitting process, and this process would require any project to comply with all applicable
emergency access policies and requirements. Therefore, impacts would be less than
significant.
F. Less-Than-Significant Impact. The proposed SEZ would not directly impact the parking
capacity in the area. For projects that may indirectly result from the SEZ business incentives,
parking requirements would be evaluated on a case-by-case basis as part of the City's
development review process, and this process would require any project to comply with all
applicable parking policies and requirements. Therefore, impacts would be less than
significant.
G. Less-Than-Significant Impact. The project would not conflict with adopted policies, plans,
or programs supporting alternative transportation. The City of Santa Ana and the Orange
County Congestion Management Plan (2005) outline a number of alternative transportation
goals and policies. Any project that occurred as an indirect result of the SEZ business
incentives would need to comply with all applicable transportation policies through the City's
development review process. Therefore, impacts would be less than significant.
XVI. Utilities and Service Systems
A. Less-Than-Significant Impact. The proposed SEZ would not result in any specific
construction projects, land acquisition projects, or other development projects. Therefore, the
proposed project would not exceed wastewater treatment requirements of the Santa Ana
RWQCB. Individual projects that may occur as an indirect result of SEZ business incentives
could exceed wastewater requirements. However, the project area is located within the
service area of the RWQCB, and any projects indirectly resulting from SEZ incentives would
be required to comply with the RWQCB's objectives, water quality standards, and best
management practice requirements established in the Santa Ana River Basin Plan and
Orange County DAMP. The City of Santa Ana Storm Water Management Program
Ordinance (Municipal Code Ch. 18) governs all projects within the city to comply with the
Orange County DAMP and the Santa Ana RWQCB MS4 permit, which is the NPDES permit
that governs stormwater discharges into the public storm system. Therefore, wastewater
treatment requirements would not be exceeded, and impacts would be less than significant.
B_ Less-Than-Significant Impact. It is unlikely new or expanded water or wastewater
treatment facilities would be required to accommodate the proposed SEZ. Any individual
project that occurred as an indirect result of the SEZ business incentives would connect to
the existing sewer system. The Orange County Sanitation District manages and oversees all
wastewater generated by central and northern Orange County, including the City of Santa
Ana. This agency has a regular capital improvement program, which evaluates growth and
demand for wastewater services in its service area. The program is intended to ensure it
meets the needed future growth and demand in its service area. Additionally, since the
proposed project would not result in any specific construction project, land acquisition project,
or other development project, no wastewater services would be needed. Therefore, less-
than-significant impacts would occur.
Santa Ana State Enterprise Zone November 2007
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C. Less-Than-Significant Impact. The existing area is mostly impermeable to stormwater due
to the impermeable surtaces. stormwater runoff is collected and conveyed as sheet flows
into Orange County Flood Control storm drains and infrastructure. The runoff from Santa
Ana is generally discharged into the Santa Ana River and empties, untreated, into the Pacific
Ocean. The proposed project would not result in any specific construction project, land
acquisition project, . or other development project; therefore, no additional stormwater
drainage infrastructure would be needed. Individual projects indirectly resulting from SEZ
business incentives would be evaluated on a case-by-case basis during the City's
development review process. Less-than-significant impacts would occur.
D. Less-Than-Significant Impact. The City of Santa Ana is required to evaluate the
appropriate level of water reliability sufficient to meet the needs of its various categories of
customers (e.g., residential, industrial, etc.) during normal, dry, and continuously dry years.
The California Water Management Planning Act of 1983 requires the City to evaluate the
water supply and demand within its service area in the Urban Water Management Plan every
`~ 5 years in the years ending in zero and five (City of Santa Ana 2005:1-1 ). The city receives
36% of its water through water imported by the Metropolitan Water District of Southern
California and 64% of its water from groundwater managed by the Orange County Water
- District (City of Santa Ana 2005:2-2). The Urban Water Management Plan uses historical
normal year, wet year, dry year, and then multiple dry and wet years, as well as water usage
over time in the service area, to establish a baseline (City of Santa Ana 2005:4-15). It then
evaluates present and future conditions of water reliability in the city (City of Santa Ana
2005:4-15). The city used 44,920 acre feet of water in 2005 {City of Santa Ana 2005:4-19).
This use includes all types of categories of customers, including large industrial users,
,~
= municipal uses (such as irrigating parks), offices, and residential consumers using water for
•
~ drinking and landscaping purposes. The Urban Water Management Plan identifies that the
city's demands for water can be met in average, single dry, and multiple dry years through
the year 2030 based on current and projected water supplies and the demands forecast for
normal, single dry-year, and multiple dry-year scenarios (City of Santa Ana 2005:4-19).
- Based on this information and the City's evaluation and planning for reliability of water
supplies, no new or expanded entitlements would be required to serve the proposed project
area. Therefore, less-than-significant impacts would occur.
E. Less-Than-Significant Impact. See Section XVI-B.
F. Less-Than-Si nifican I
g t mpact. It Is not antlclpated that the proposed project would
generate solid waste, since it would not result in any specific construction projects, land
acquisition projects, or other development projects.
Any project indirectly resulting from SEZ business incentives would be evaluated during the
City development review process to analyze impacts related to landfills. Furthermore,
development projects within the proposed SEZ would comply with the City of Santa Ana
Source Reduction and Recycling Element. Less-than-significant impacts would occur.
G. No Impact. It is not anticipated that the proposed project would generate solid waste, since
it would not result in any specific construction projects, land acquisition projects, or other
development projects. However, should solid waste be created due to projects indirectly
resulting from the business incentives of the SEZ, its removal would be regulated by local,
state, and federal guidelines. No significant impact is anticipated.
`:~ Santa Ana State Enterprise Zone November 2007
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XVII. Mandatory Findings of Significance
A. Less-Than-Significant Impact. The proposed SEZ is a financial incentives program
intended to encourage businesses to locate in Santa Ana. The proposed SEZ would not
result in any specific demolition project, construction project, land acquisition project, or other
development project. Therefore, the proposed project would not affect biological resources
or cultural resources. However, the CEQA evaluation and development and review process
of any individual projects that may indirectly result from the proposed SEZ financial incentives
would be evaluated on a case-by-case basis. Therefore, the proposed SEZ would have less-
than-significant impacts on the resources identified above.
8. Less-Than-Significant Impact. The proposed SEZ is a financial incentives program
intended to encourage businesses to locate in Santa Ana. The proposed SEZ would not
result in any specific demolition project, construction project, land acquisition project, or other
development project. Though ftature individual projects could potentially result in cumulative
impacts, future projects within the proposed SEZ area would be evaluated to determine their
cumulative impacts on a case-by-case basis during the CEQA evaluation and under the
City's development and review process. If needed, mitigation measures to avoid or reduce
potentially significant cumulative impacts would be proposed at that time. Therefore, the
cumulative impacts of the proposed SEZ are less than significant.
C. Less-Than-Significant Impact. The proposed SEZ is a financial incentives program
intended to encourage businesses to locate in Santa Ana. It would not result in any specific
demolition project, construction project, land acquisition project, or other development
project. Therefore, direct implementation of the proposed SEZ would not cause any
substantial adverse effects on human beings or the environment. Future, individual projects
that indirectly result from the financial incentives of the proposed SEZ could indirectly or
directly cause substantial adverse effects to human beings or the environment. However,
any future individual project would be evaluated under CEQA and the City's development and
review process. Potentially significant impacts to human beings and the environment would
be identified and evaluated, and mitigation measures, if necessary to reduce or avoid
identified impacts, would be proposed and implemented. Therefore, the proposed SEZ
would have less-than-significant impacts regarding substantial adverse effects on humans
and the environment.
Santa Ana State Enterprise Zone
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Chapter 4
References
Printed References
Airport Land Use Commission. 2002. Airport Environs Land Use Plan for John
Wayne Airport. John Wayne Airport Impact Zones: Appendix D.
California Department of Conservation, California Geologic Survey. 2006.
Alquist-Priolo Earthquake Fault Zones. Last updated: January 29, 2007.
Available: <http://www.consrv.ca.gov/CGS/rghm/ap/index.htm>. Accessed:
June 28, 2007.
California Department of Conservation, Division of Land Resource Protection,
Farmland Mapping and Monitoring Program. 2006. Important Farmland in
California, 2004.
California Department of Conservation, Division of Land Resource Protection,
Williamson Act Program. 2006. Agricultural Preserves 2004. Last updated:
December 21, 2006. Available:
<http://www.consrv.ca.gov/DLRP/lca/index.htm>. Accessed: June 27, 2007.
California Department of Conservation, Division of Mines and Geology. 1994.
Update of Mineral Land Classification of Portland Cement Concrete
Aggregate in Ventura, Los Angeles, and Orange Counties, California. Part III
-Orange County. Generalized Mineral Land Classification of Orange
County, California. Open-File Report 94-15, Plate 1. 1994.
Caltrans (California Department of Transportation). 2007. The California
Scenic Highway System. Available:<
http://www.dot.ca.gov/hq/LandArch/scenic/l.htm >. Accessed: April 10,
2007.
City of Santa Ana. 1982. General Plan. Adopted August 24, 1982.
City of Santa Ana. 1998. General Plan. Land Use Element. Adopted February
2, 1998.
;~ City of Santa Ana. 2004. Redevelopment Projects Areas Merger Initial
Study/Negative Declaration ER 2004-34. March.
City of Santa Ana. 2005. Urban Water Management Plan. November 7, 2005.
Santa Ana State Enterprise Zone November 2007
Initial Study
19 E -417 Jgs °~'° °'
City of Santa Ana
Chapter 4. References
City of Santa Ana. 2006. Citywide Design Guidelines.
MDS Consulting. 2007. Tract No. 17071 Water Quality Management Plan.
April 18, 2007.
OCTA. 2005. Orange County Congestion Management Plan.
SCAQMD (South Coast Air Quality Management District). 1985. Rule 1108
Cutback Asphalt. Adopted May 4, 1979. Amended February 1, 1985.
SCAQMD. 1993. CEQA Air Quality Handbook.
SCAQMD. 2003. Air Quality Management Plan. August 1, 2003.
SCAQMD. 2006. Rule 1113 Architectural Coatings. Adopted September 2,
1977. Amended June 9, 2006.
USACE (U.S. Army Corps of Engineers), Los Angeles District. 2006. Reservoir
Regulation Section, Prado Dam. Last updated: February 9, 2006. Available:
<http://www.spl.usace.army.miUresreg/htdocs/prdo.html>. Accessed:
September 4, 2007.
Santa Ana State Enterprise Zone November 2007
Initial Study 4 2
19 E -4 8 J8S D0814.07
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Chapter 5
List of Preparers
City of Santa Ana
Sergio Klotz
Ray White
Jones & Stokes
Chad Beckstrom, AICP
Nicole Breznock
Lynze Milne
Soraya Mustain
Lisa Randall
Senior Planner, Planning
Division
Enterprise Zone
Representative, Community
Development Agency
Project Director
Project Manager
Environmental Analyst
Graphics
Editing and Production
r~na ~wiC Cnlefpn5e LOrle
Initial Study
5-1
November 2007
J&S 00814.07
19E-49
19E-50
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
APPROPRIATION ADJUSTMENT - WORKFORCE
INVESTMENT ACT ADDITIONAL FUNDS
lam"
C TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1" Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment recognizing additional revenues from
the State of California in the amount of $77,500 to participate in a
National Emergency Grant and $110,895 from the 15% Governor's
Discretionary funds to serve Dislocated Workers from the mortgage,
banking and construction industries and appropriate same into the
National Emergency Grant and 15o Governor's Discretionary Grant
expenditure accounts.
DISCUSSION
The State of California applied for and was awarded a National Emergency
Grant (NEG) from the federal Department of Labor to provide assistance to
workers affected by the mortgage and banking layoffs. The State awarded
portions of the NEG grant to twelve Local Workforce Investment Areas, one
of which is the Santa Ana W/0/R/K Center through the City of Santa Ana.
The $77,500 NEG funds that the City will receive will assist thirteen
participants in upgrading their job skills, resume writing, interview
skills, and job search. A portion of the NEG grant has also been
designated for vocational training as well as supportive services.
The State has also awarded $2.5 million in grants to Los Angeles County,
Orange County and the Inland Empire. These three metropolitan areas have
suffered job losses in the State's most distressed industry sectors
including construction, financial services and manufacturing. Santa Ana
will receive $110,895 to supplement the Dislocated Worker funds which
will be used to provide additional education, training and job placement
assistance for those participants affected by the economic downturn in
these industry sectors.
20A-1
AA - WIA Additional Funds
June 2, 2008
Page 2
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be available in
the WIA NEG Grant account (account no. 123-290-various) and in the WIA
15% Discretionary Grant account (account no. 123-291-6933).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. wards
Assistan Director
Community Development Agency
Francisco Gutierrez ~,,J -
Executive Director
Finance & Management Services Agency
NTE/LM/mlr
060208 WIAAddlFunds DOL NEG grant
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2,2008
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING SANTA ANA'S FOCUSED
ENFORCEMENT TEAM GRANT FUNDING
~~. ~ ~~~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve an Appropriation Adjustment accepting State of California
Office of Emergency Services Grant (OES) funds in the amount of $95,701
in the Contractual Services account and transferring the required
matching funds of $31,900 from the Police Department Crimes Against
Persons Other Contractual Services Account to appropriate a total
amount of $127,601 into the FY 2008 Santa Ana's Focused Enforcement
Team Grant expenditure accounts.
2. Adopt a resolution authorizing the City Manager and the Chief of Police
to execute a grant award agreement with the State of California Office
of Emergency Services for $95,701.
3. Authorize the City Manager and the Clerk of the Council to execute the
attached agreement with Community Services Program Inc., Family
Violence Victim Services, to operate a domestic violence victim
advocacy program for a one-year term in an amount not to exceed
$62,946.
DISCUSSION
The State of California Office of Emergency Services (OES) has awarded the
Police Department grant funding in the amount of $95,701 for the Santa
Ana's Focused Enforcement Team (SAFE-Team) project. This fifth year
funding provides for the assignment of an additional domestic violence
investigator and a full-time victim advocate to handle cases of domestic
violence, sexual assault, and stalking. The Police Department works in a
collaborative effort with Community Services Program, Inc. to provide
additional personnel to work with victims of domestic violence and violence
against women in general.
The grant will continue to fund the Victim Information and Notification
Everyday (VINE) system, which is located in the Police Department Jail
facility. The VINE system allows the victims of domestic violence to call
the jail and receive information ~~ to release or status.
SAFE-Team Grant
June 2, 2008
Page 2
The funding provides for training of law enforcement personnel in domestic
violence. A portion of the grant funds will be used to maintain police
apprehension and suppression teams for domestic violence offenders on an
overtime basis. The grant requires a match of twenty-five percent of the
total project amount.
FISCAL IMPACT
Approval of the appropriation adjustment will increase the OES SAFE-Team
Grant FY 2008 revenue account (no. 155-01-5367-5) by $95,701, transfer
$31,900 from the Police Department Crimes Against Persons Other Contractual
Services account (no. 011-341-6291), and enhance the OES SAFE-Team Grant FY
2008 expenditure accounts (nos. 155-363-various) by $127,601.
APPROVED AS TO FUNDS AND ACCOUNTS:
Peff~} M. T~dlters
Chief of Police
Police Department
ancisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
20B-2
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD
AGREEMENT WITH THE OFFICE OF EMERGENCY
SERVICES
05/09/OSlss
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 Emergency Services has awarded to the Santa
Ana Police Department, grant funds in the amount of $95,701, to operate
Santa Ana's Focused Enforcement Team project.
B. This funding provides additional personnel to work with victims of domestic
violence and a victim advocate to handle cases of domestic violence,
sexual assault and stalking.
C. The grant also provides funding for 1) the Victim Information and
Notification Everyday (VINE) system, which allows victims of domestic
violence to call and receive information on inmate release or status; 2)
training of law enforcement personnel in domestic violence; and 3) to
maintain police apprehension and suppression teams for domestic
violence offenders.
D. The grant requires matching funds of twenty-five percent of the total
project amount.
Section 2. The City Council of the City of Santa Ana hereby authorizes and directs
the City Manager and the Chief of Police or their designees to execute the grant award
agreement with the Office of Emergency Services.
20B-3
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:
Laura 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
20B-4
SUBGRANTEE AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND COMMUNITY SERVICE PROGRAMS
FOR DOMESTIC VIOLENCE VICTIM
ADVOCACY PROGRAM FUNDS
THIS AGREEMENT is entered into this 2°d day of June, 2008, between the CITY OF
SANTA ANA, a charter city and municipal corporation of the State of California, hereinafter
referred to as "CITY", and COMMUNITY SERVICE PROGRAMS (CSP), anon-profit
California corporation, (hereinafter referred to as "SUBGRANTEE").
RECITALS:
City is an entitlement recipient of Domestic Violence Victim Advocacy Program funds from
the State of California, Office of Emergency Services.
2. The Domestic Violence Victim Advocacy Program hereinafter referred to as "DWA"
mandates that a SUBGRANTEE agreement be executed prior to the disbursement of DWA
funds.
WHEREFORE, in consideration of their mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
PURPOSE
The CITY shall allocate $62,946 in DWA grant funds for disbursement to
SUBGRANTEE for training, field services, and victim/witness follow-up in the area of
domestic violence, in accordance with the Memorandum of Understanding between the
Santa Ana Police Department and Community Service Programs, Inc. which is
incorporated by reference into this AGREEMENT and attached hereto as Exhibit "A".
2. SCOPE OF SERVICES
A. SUBGRANTEE hereby agrees to provide services to victims of domestic violence and the
Santa Ana Police Department as described in Exhibit "A" attached.
B. In conjunction with the services to be provided by SUBGRANTEE, City shall provide:
1. Office space, furniture, telephone and a personal computer for the
SUBGRANTEE'S use in the services to be provided to victims of domestic
violence.
2. City shall refer all victims of violent crimes committed against women to
the SUBGRANTEE.
3. INDEPENDENT CONTRACTOR
20B-5
It is understood and agreed that the SUBGRANTEE is, and shall be, acting at all times
during the term of this AGREEMENT as an independent contractor and not as 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
SUBGRANTEE performs the services which are the subject matter of the
AGREEMENT, provided always, however, that the services to be provided by
SUBGRANTEE shall be provided in a manner consistent with all applicable standards
and regulations governing such services. SUBGRANTEE shall secure at its expense, and
be responsible for any and all payment of income tax, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
SUBGRANTEE and its officers, agents and employees, and all business licenses, if any,
in connection with this AGREEMENT.
4. DISBURSEMENT OF FUNDS
Pursuant to the Office of Emergency Services of the State of California, Domestic
Violence Victim Advocacy Program Grant (DWA), the CITY has allocated $62,946 for
disbursement to CSP, Family Violence Victim Services.
A. DVVA funds shall be expended within a time period not exceeding one (1) year
following the date of execution of this AGREEMENT. No disbursements shall be
made for services completed after June 30, 2009.
B. Disbursements shall be made to SUBGRANTEE following the submission of
invoices detailing how the disbursement was used. City will provide
SUBGRANTEE with a form to document expenses.
C. SUBGRANTEE agrees to submit requests for disbursement fifteen (15) days after
the end of each calendar quarter during the term of the AGREEMENT. The dates
for the requests for disbursement are:
1. June 1, 2008 through September 30, 2008
2. October 1 through December 31, 2008
3. January 1, 2009 through March 31, 2009
4. April 1, 2009 through June 30, 2009
D. City shall disburse funds based upon the receipt of such invoices within thirty
(30) days after receipt thereof, provided CITY is satisfied that such expenses have
been incurred within the scope of this AGREEMENT and that SUBGRANTEE is
in compliance with the terms and conditions of this AGREEMENT.
E. SUBGRANTEE agrees to conduct all activities of the organization, whether
funded in whole or in part by DWA funds from CITY, in accordance with the
provisions contained in 2 CFR Part 225, including those for contracts in excess of
20B-6
Ten Thousand Dollars ($10,000.00) and including the provisions relating to audit
requirements and resolution of audit findings as provided in Circular A-133.
Additionally, if SUBGRANTEE receives $25,000 or more in grant funds,
SUBGRANTEE is required to submit an annual report including either a single
audit or program audit reports, which evidence an audit was completed in
accordance with specific program requirements.
F. SUBGRANTEE acknowledges that the CITY shall disburse funds to
SUBGRANTEE only upon execution of this AGREEMENT, and CITY is
empowered only to provide funds to SUBGRANTEE pursuant to the provisions
of this AGREEMENT.
G. SUBGRANTEE acknowledges that CITY shall have the right to recapture all or a
portion of DWA funds disbursed to SUBGRANTEE should the SUBGRANTEE
fail to comply with all the terms and conditions of this AGREEMENT or refuse to
accept any conditions which may subsequently be imposed by the Office of
Emergency Services for the operation of the Domestic Violence Victim Advocacy
Program. If CITY is required to take legal action to recapture the full amount of
funds granted to SUBGRANTEE, SUBGRANTEE agrees to reimburse CITY for
attorney's fees and all associated legal fees.
H. SUBGRANTEE shall not dispose of any real or personal property acquired in full
or in part with DWA funds through sale, use or relocation without the express
and prior written permission of the CITY
I. SUBGRANTEE agrees that any earned interest income on funds generated
through the use or investment of funds received from CITY shall be used in
conformance with program income requirements. The SUBGRANTEE shall
disclose to the CITY all program income received utilizing Office of Emergency
Services (OES) funds administered under this AGREEMENT.
RECORDS
SUBGRANTEE agrees to maintain program records for a minimum of three years after
the close-out of a sub-grant and to make such records available for onsite monitoring by
CITY not less than annually and to periodic inspections by the Office of Emergency
Services officials during this three year period.
6. CONFLICT OF INTEREST
SUBGRANTEE agrees that no officer, employee, agent, or assignee of CITY having
direct or indirect control of DVVA funds granted to the CITY shall serve as an officer of
SUBGRANTEE. Further, any conflict or potential conflict of interest of any officer of
SUBGRANTEE shall be fully disclosed to the CITY prior to the execution of this
AGREEMENT and shall be attached to and become a part hereof.
7. CERTIFICATION OF NONDISCRIMINATION
20B-7
By signing this agreement, SUBGRANTEE certifies that it does not discriminate in
hiring or service on the basis of race, color, creed, religion, sex, sexual orientation, age,
marital status, national origin, ancestry, physical handicap or medical conditions.
NON-ASSIGNMENT OF AGREEMENT
A. Inasmuch as this AGREEMENT is intended to secure the specialized services of the
SUBGRANTEE, SUBGRANTEE may not assign, transfer, delegate, or sublet any interest
herein without the prior written consent of the CITY and any such assignment, transfer,
delegation or sublease without the CITY's prior written consent shall be considered null
and void.
B. Nothing in this AGREEMENT shall be construed to limit the CITY's ability to have any
of the services which are the subject of this AGREEMENT performed by CITY personnel
or by other SUBGRANTEES retained by the CITY.
9. TERMINATION
Any of the parties may cancel this AGREEMENT by giving thirty (30) days written
notice of said cancellation to the other party. In the event of termination or cancellation
for any reason, CITY shall only be responsible to pay for services rendered up to such
termination.
10. INDEMNIFICATION
SUBGRANTEE hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, and employees against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or injury to
SUBGRANTEE'S employees and damage to SUBGRANTEE'S property, arising
directly or indirectly out of the obligations or operations herein undertaken by
SUBGRANTEE, including those arising from the concurrent negligence of CITY, but
save and except those which arise out of the sole negligence, or the sole willful
misconduct of CITY. SUBGRANTEE will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by SUBGRANTEE for all cost or attorney's fees
incurred by CITY in enforcing this obligation.
11. INSURANCE
Prior to undertaking performance of work under this Agreement, SUBGRANTEE
shall maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
A. SUBGRANTEE shall obtain and furnish to CITY, policy of general public
liability insurance, including motor vehicle coverage covering services provided under
this AGREEMENT. Said policy shall indemnify SUBGRANTEE, its officers, agents and
20B-8
employees, while acting within the scope of their duties, against any and all claims
arising out of or in connection with the services provided under this AGREEMENT, and
shall provide coverage in not less than the following amount, product/completed
operations liability and blanket contractual liability, of $1,000,000 per occurrence. If
coverage is provided under a form, which includes a general aggregate limit, the
aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its
officers, and employees as Additional Insureds, and shall specifically provide that any
other insurance coverage which may be applicable to the services provided under this
AGREEMENT shall be deemed excess coverage and the SUBGRANTEE'S insurance
shall be primary.
Under no circumstances shall said above-mentioned insurance contain a
self-insured retention, or a "deductible" or any other similar form of limitation on
the required coverage.
B. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, SUBGRANTEE if it 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, SUBGRANTEE
agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident. SUBGRANTEE shall require all subcontractors to provide
such workers' compensation insurance for all the subcontractor's employees.
SUBGRANTEE shall furnish to CITY a certificate of waiver of subrogation under the
terms of the workers' compensation insurance and SUBGRANTEE shall similarly
require all subcontractors to waive subrogation.
C. Prior to commencing performance of the work hereunder, SUBGRANTEE shall
furnish to CITY certificates of insurance subject to approval of the City Attorney
evidencing the forgoing insurance coverages as required by this AGREEMENT. Said
certificate shall:
1. Provide the name and policy number of each carrier and policy;
2. State that the policy is currently in force;
3. Promise to provide that such policies will not be cancelled or modified without
thirty (30) calendar days prior written notice of CITY;
4. State as follows: "The above detailed coverage is not subject to any deductible or
self-insured retention, or any other form of similar type limitation."
D. SUBGRANTEE shall maintain the foregoing insurance coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
E. The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by SUBGRANTEE under the
AGREEMENT. CITY or its representatives shall at all times have the right to demand
the original or a copy of all said policies of insurance. SUBGRANTEE shall pay, in a
prompt and timely manner, the premiums on all insurance herein above required.
20B-9
12
13
14
15
NOTICE
All notices pertaining to this AGREEMENT and all communications from the parties
may be made by delivery and said notices or communications in person or through the
U.S. Mail, first class, certified, return receipt requested and addressed as follows:
To SUBGRANTEE:
Community Services Programs, Inc.
Victim Assistance Programs
1821 E. Dyer Road, Ste. #200
Santa Ana, CA 92705
Attn: Ronnetta J. Johnson
To CITY:
Santa Ana Police Department
60 Civic Center Plaza M-97
P.O. Box 1981
Santa Ana, CA 92702
Attn: Chief Paul M. Walters
Written notice is effective five days after mailing to the most current address provided by
the parties. Failure by either party to notify the other of a change in mailing address shall
not invalidate service by mail to the most current address provided by that party.
Personal service of notice is effective upon delivery.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing,
between parties hereto with respect to employment of SUBGRANTEE by CITY and
contains all covenants and agreements between 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 SUBGRANTEE. SUBGRANTEE
specifically acknowledges that in entering into and executing this AGREEMENT,
SUBGRANTEE relies solely upon the provisions contained in this AGREEMENT and
no others.
VALIDITY
If any term, covenant, condition or provision of this AGREEMENT is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
LAWS GOVERNING THIS AGREEMENT
This AGREEMENT has been executed and delivered in the State of California and the
validity, enforceability and interpretation of any of the clauses of this AGREEMENT
shall be determined and governed by the laws of the State of California. All duties and
obligation of the parties created hereunder are to be performed in Orange County, which
20B-10
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.
16. SIGNATURES/TIME OF EXECUTION
This AGREEMENT shall be void and its terms shall have no force or effect whatsoever
if not signed by authorized agents or officers of SUBGRANTEE within thirty (30) days
of receipt of this document. It shall be the responsibility of the City to transmit this
AGREEMENT and any other necessary documentation to SUBGRANTEE and to record
the date of receipt thereof.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed
by and through their authorized offices the day, month and year first above written.
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura Speedy
Assistant City Attorney
20B-11
CITY OF SANTA ANA, a municipal
Corporation of the State of California
David N. Ream
City Manager
SUBGRANTEE
Community Service Programs, Inc, a
Non-profit California Corporation
By:
Name:
Title:
By:
Name:
Title:
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall stand as evidence that the CSP, Victim
Assistance Programs, Family Violence Victim Services and the City of Santa Ana,
through the Santa Ana Police Department intend to work together toward the mutual
goal of providing maximum available assistance for victims of domestic violence,
stalking and sexual assault in Orange County. Both agencies believe that implementation
of the Law Enforcement Specialized Unit as described herein, will further this goal. To
this end, each agency agrees to participate in the program, if selected for funding, by
coordinating/providing the following services:
The Santa Ana Police Department agrees to refer all victims of domestic violence,
stalking and sexual assault to CSP, Victim Assistance Programs, FamilyViolence
Victim Services.
The CSP, Victim Assistance Programs, Family Violence Victim Services agrees to
accept referrals from the Santa Ana Police Department and provide assistance to all
victims and their families. The Program will support services including but not limited
to: crisis intervention, orientation to the criminal justice system, resource and referral
counseling, emergency financial assistance, court support and accompaniment, assistance
with filing for temporary restraining orders and Victims of Crime Compensation Claims.
The CSP, Victim Assistance Programs, Family Violence Victim Services further
agrees to provide training to the staff of the Santa Ana Police Department relative to
victim issues and program services.
20B-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT RENEWAL Fi
JANITORIAL SERVICE
CONTRACT AWARD FOR
PROJECT JANITORIAL
(SPEC. NOS. 04-038
JR
AND
SPECIAL
SERVICE
& 08-017)
CLERK OF COUNCIL USE ONLY:
APPROVED
CITY ANAGER
RECOMMENDED ACTION
^ As Recommended
^ As Amended
^ Ordinance on 1S1 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Renew the contract with DMS Janitorial for janitorial service at
Recreation and Library facilities, for a one-year period in an
amount not to exceed $168,075.
2. Award contracts for janitorial temporary personnel for City Hall
and the Corporate Yard for a two-year period, with provision for
two one-year renewals, in the annual aggregate amount not to
exceed $170,000 with the following vendors:
VENDOR: LOCATION:
PeopleKeepers LLC Redondo Beach
Venturi Staffing Partners Santa Ana
DISCUSSION
The City uses a combination of methods to provide janitorial services for
City buildings and park restrooms, including City staff, contractual
custodial firms and temporary personnel companies. On May 8, 2008, the City
Council approved a contract for janitorial services for city park
restrooms. On May 3, 2004, the City Council awarded a contract to DMS
Janitorial for a two-year period with provision for three one-year renewals
for cleaning the Central library, the Newhope branch library, and the
McFadden learning center, as well as the 12 recreation centers and the
Parks, Recreation and Community Services Agency administrative offices.
The vendor has performed satisfactorily during the past contract period and
has agreed to renew the contract with a 5$ price increase to offset
increased labor and supply costs. Staff verified the current cost is
consistent with the market and DMS continues to offer a competitive price
for this service. Staff recommends the final renewal of the contract.
22A-1
Contract Award and Renewal for Janitorial Services
Spec Nos.04-038, 08-017)
June 2, 2008
Page 2
In addition, City Hall, the Ross Annex and the Corporate Yard are
maintained by City personnel, augmented with work crews provided through
Temporary Personnel companies. For this service, 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:
14 Requests For Bid mailed
3 Requests For Bid mailed to Santa Ana vendors
7 Bids received
2 Bids received from Santa Ana vendors.
Bids were received, opened on March 13, 2008 and evaluated. The bids from
PeopleKeepers LLC and Venturi Staffing Partners are responsive to the
specifications and meet the City's requirements. Services performed will
include vacuuming, dusting, mopping, trash disposal, cleaning and
restocking of restrooms, machine-buffing the floors, and carpet
shampooing.
FISCAL IMPACT
Funds are available in the Building Maintenance Janitorial and Housekeeping
Services account (no. 73-106-6241).
~~ Francisco Gutierrez ~~
Finance & Mgmt. Services Agency
Executive Director
BP
22A-2
ABSTRACT OF BIDS
CONTRACT AWARD
SPECIAL PROJECT (JANITORIAL) TEMPORARY PERSONNEL SERVICES
FOR CITY HALL AND CORPORATE YARD
(SPEC. 08-017)
VENDOR / LOCATION CUSTODIAN BILLABLE
RATE PER HR MARKUP RATS PBR FiR
PBOPLSIC88PBRS $ 9.00 38.75 $ 12.49
RSDONDO BSACH
VBNTURI STAFFING $ 10.00 42.00$ $ 14.20
SANTA ANA
RAINMAKER $ 11.00 42.00 $ 15.40
SANTA ANA
DEVON & DEVON $ 11.00 48.54$ $ 16.34
ORANGE
KIMCO STAFFING $ 12.00 40.00 $ 16.80
IRVINE
WESTAFF INC $ 15.83 47.95 $ 23.42
IRVINE
LEAD STAFFING $ 20.00 45.00$ $ 29.00
WEST COVINA
SUMMARY OF BID AWARD PBOPLBKE8P8RS LLC
TOTAL AWARD IN THL AMOUNT OF: VSNTURI STAFFING PARTN$RS
TOTAL ANNUAL AGGREGATE AWARD $ 170,000.00
Exhibit 1.
22A-3
22A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT RENEWAL FOR
CHAIN LINK FENCE RENTALS
(SPEC. NO. 04-063)
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
Renew the contract with S&S Rent-A-Fence for chain link fence rentals for a
one-year period in an annual amount not to exceed $95,000.
DISCUSSION
Several departments use temporary fencing to ensure public safety and
reduce liability around City-owned properties scheduled for construction or
demolition. Fencing is installed within 24 hours, when necessary, to
provide immediate public safety. Fencing is typically rented for either a
six-month or a one-year period.
On June 7, 2004, the City Council awarded a contract to S&S Rent-A-Fence
for a two-year period with provision for three one-year renewals. The
vendor has performed satisfactorily during the past contract period and has
agreed to renew the contract without an increase in pricing. Staff
recommends the final renewal of the contract.
FISCAL IMPACT
Funds are available in various
services (obiect code 6291)_
departmental accounts for contractual
'~K
`Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
JGR/WO/04-063R3.9:
22B-1
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNI3 2, 2008
TITLE:
CONTRACT RBNE~WAL FOR GBNFRAL
CONTRACTING SERVICES
(SPEC. NO. 05-053?
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
Renew the contract with KCK Construction Co. for general contracting services for
a one-year period in an amount not to exceed $96,000.
DISCUSSION
The City establishes an annual blanket order list consisting of vendors that
provide supplies and services that are required by agencies on a consistent
basis. General contracting services are required at times by all City
departments for the purposes of general maintenance, building modifications, and
renovation. The contract for general contracting services will provide fixed
pricing for multiple trades such as carpentry, concrete work, tiling, sheet
metal, and demolition.
On June 6, 2005, the City Council awarded a contact to KCK Construction Co. for a
two-year period with provision for two one-year renewals. The vendor has
performed satisfactorily during the past contract period and has agreed to renew
the contract without an increase in pricing for specified projects. These include
the removal of two masonry walls in the City Hall computer room that allows for
more efficient location of computer related equipment and upgrade of the air
conditioning units ($25,000); the expansion of the in the restrooms at the main
library in order to expedite the removal of graffiti related markings ($24,000);
and finally an interior upgrade of various elements at the depot including doors,
windows, and new walls ($32,000). In addition, a contingency of $15,000 has been
included for any unforeseen work that may arise during the fiscal year.
FISCAL IMPACT
Funds are available in the various departmental Maintenance & Repair of Buildings
& Grounds accounts (object code 6261).
~~ r--
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22C-1
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT RENEWAL FOR
SAFETY SHOES
(SPEC. NO. 06-078)
CITY MA AGER
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
Renew the contract with Dee's Shoes Inc. d/b/a Red Wing Shoes for safety
shoes for a one-year period in the annual amount not to exceed $40,000.
DISCUSSION
Employees from various departments require safety shoes while performing
job duties. Under the City's Memorandum Of Understanding with the employee
associations, the City agrees to provide up to $200 per fiscal year, per
applicable employee, for approved purchases of safety shoes and boots.
On July 3, 2006, the City Council awarded a contract to Red Wing Shoes for
a one-year period with provisions for two one-year renewals. The vendor has
performed satisfactorily during the past contract period and has agreed to
renew the contract with a three percent increase due to higher fuel, labor,
material and trucking expenses. Staff verified the safety shoes increase is
consistent with the market and Red Wing Shoes continues to offer us the
best price in our Santa Ana market. Staff recommends the final renewal of
the contract.
FISCAL IMPACT
Funds are available in the various departmental Uniform & Tools account
(object code 6331).
G~'~ Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/KM/06-078R2.2:uc
22D-1
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT AMENDMENT FOR TOWING
SERVICE
(SPEC. NO. 06-079)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Amend the contract with Ben Warner's Garage Inc. for towing services in the
amount of $3,000 for an annual amount not to exceed $28,000.
DISCUSSION
The Finance and Management Services Agency Fleet Maintenance Division
utilizes the services of towing companies for flat tire repair, jump-starts
and 24-hour towing. In addition, the towing companies haul construction
equipment and motorcycles to various garages as needed.
On July 3, 2006, the City Council awarded contracts for towing service for
a one-year period with provision for two one-year renewals. With the
change in City Charter provision, the June 1, 2007 contracts were issued as
blanket order contracts at the $25,000 mark. Ben Warner's Garage Inc.
contract has reached the $25,000 threshold. Amending the contract will
allow for the payment of invoices and uninterrupted service for the final
month of the contract.
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operation account
(no. 75-111-6291).
~~F'rancisco Gutierrez ~~
Executive Director
Finance and Management Services Agency
FG/KM/06-079R.2:sh
22E-1
22E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT AWARD FO
RESIDUAL CHLORINE
(SPEC. NO. 08-030)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
R TOTAL ^ As Amended
ANALYZERS ^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
1. Reject the bids from INC Technical Inc. and D and H Water Systems
Inc. as nonresponsive to the specification.
2. Award a contract to Hach Company, for Total Residual Chlorine
Analyzers in the amount of $27,658.
DISCUSSION
The Public Works Agency's Water Resources Division operates 21 water
wells and various water pumping stations that provide approximately 70
percent of the City's water supply. In an effort to better monitor the
disinfection process of the City's water system, the Agency is adding
Total Residual Chlorine Analyzers to monitor the chlorine levels at
major water pumping stations.
City staff currently test chlorine levels at pumping stations twice per
week as part of the water treatment process. Installation of chlorine
analyzers will provide continuous chlorine level readings, automatically
recorded for early detection of changes in water quality, allowing
operators to make immediate changes to the water disinfection process as
needed.
The notice inviting bids was advertised on April 2, 2008 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
10 Invitations For Bid mailed
3 Bids received
22F-1
Contract Award for Total Residual Chlorine Analyzers
June 2, 2008
Page 2
Bids were received, opened on April 17, 2008 and evaluated. The bids from
INC Technical, Inc. and D and H Water Systems, Inc. did not meet the
technical specifications for Total Residual Chlorine Analyzers. The bid
received from Hach Company, is responsive to the specifications and meets
the City's requirements.
FISCAL IMPACT
Funds are available in the Water Utility Water Production and Supply
Machinery and Equipment account (no. 64-574-6641).
APPROVED AS TO FUNDS AND ACCOUNT:
James ss ,Francisco Gutierrez ~~,~/
Exec iv Director ~ Executive Director
Publ c orks Agency Finance & Mgmt. Services Agency
/08-030.9:
22F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT AWARD FOR
MAGNETIC FLOW METERS
(SPEC. NO. 08-033)
CIT MA AGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to Badger Meter, Inc. for magnetic flow meters in the
amount of $29,893.
DISCUSSION
The Public Works Agency's Water Resources Division operates 21 water wells
and various water pumping stations that provide approximately 70 percent of
the City's water supply. Meters are used to measure the quantity of water
produced. The current meters measure the water produced at an accuracy
rate of 95-97 percent. Since 2003, the Public Works Agency has been
replacing these older meters with Magnetic flow meters that contain no
moving parts, do not require servicing, and can measure water at an
accuracy of 99 percent. This item is to replace meters at three water-
pumping stations that are over 25 years old. Once installed, the new meters
will improve the accuracy of water measurement and the operating efficiency
of the City's wells.
The notice inviting bids was advertised on April 15, 2008 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
23 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
2 Bids received
1 Bid received from a Santa Ana vendor
22G-1
Contract Award for Magnetic Flow Meters
June 2, 2008
Page 2
Bids were received, opened on April 30, 2008, and evaluated. Bid results
are as follows:
Vendor: Amount: Location:
Badger Meter, Inc. $ 28,893
Measurement Control Systems $ 38,438
Milwaukee, WI
Santa Ana
The bid received from Badger Meter, Inc. is responsive to the
specifications and meets the City's requirements.
FISCAL IMPACT
Funds are available in the Water Utility Water Production and Supply
Machinery and Equipment account (no. 64-574-6641).
James G. oss "
Exec tiv Director
Pub is orks Agency
JGR/WO/OS-033.9:
APPROVED AS TO FUNDS AND ACCOUNT:
y~Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT AWARD FOR PRINT AND
MAIL ANNUAL WATER QUALITY
REPORT (SPEC. NO. 08-038)
CI 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 Off Broadway Printing, Inc. for the printing and
mailing of the 2007 annual water quality report in an annual amount not to
exceed $38,000.
DISCUSSION
The Public Works Agency's Water Resources Division oversees the supply of
fresh water to the city covering 450 miles of pipeline and 21 groundwater
production wells. In compliance with the Title 22 of the California Code
of Regulations, the City is required to mail an annual Water Quality Report
to all water customers. The report covers statistical information,
statements on where our drinking water comes from, as well as helpful tips
on conserving water. This year, Public Works has developed a 12-month wall
calendar for the 2007 Water Quality Report to serve as a continual reminder
promoting water conservation, rebates, composting, fall planting, adopt-a-
park events, holiday and other recycling programs, Earth Day, graffiti
removal programs, and water education programs.
The notice inviting proposals was advertised on April 23, 2008. The
sophisticated printing requirements, including an aggressive time schedule,
coupled with the need to provide mailing services precluded many print
vendors from responding to the request.
Proposals were received, opened on May 12, 2008, and each proposal was
evaluated independently. Criteria for evaluation included seven specific
items, including: clarity and detail of submitted proposal, review of print
quality guarantee and mailing process compliance, cost and quality of
samples including calendars and references. The ratings for the calendar
style Water Quality Report 2007 are as follows:
22H-1
Contract Award for Printing and Mail Annual Water Quality Report
June 2, 2008
Page 2
Printer Location: Rating: Amount:
Off Broadway Printing Sherman Oaks 90 $35,526.49
The PM Group Lake Forest 80 $33,180.03
Pacific Graphics Industry 75 $41,161.01
Graphic Center Sacramento 75 $46,111.62
Direct Advertising Response Anaheim 73 $33,223.51
Wright Graphics Chatsworth 73 $41,411.93
Lester Lithograph Anaheim 60 $41,920.26
Based on the above evaluation ratings and past performance, staff
recommends award to Off Broadway Printing. A seven percent contingency is
included for unexpected over run and additional mailing quantity.
FISCAL IMPACT
Funds are available in the Water Quality & Measurement account (no. 64-578-
6391) .
APPROVED AS TO FUNDS AND ACCOUNTS:
Lam, _
Jame G. ss ~~'~'rancisco Gutierrez
Exe tiv Director Executive Director
Public orks Agency Finance & Mgmt. Services Agency
JGR/KM/08-038.9:sh
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONTRACT RENEWAL FOR ELECTRICAL
SERVICES (SPEC. NO. 06-064)
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
Renew the contract with Williams & Maher, Inc. for electrical services for
a one-year period in an annual amount not to exceed $360,000.
DISCUSSION
The City maintains in excess of 50 buildings including Fire stations,
recreation and senior centers, park restrooms, and libraries, as well as
City Hall and the Corporate Yard. All City departments require electrical
services at times for the purposes of rewiring and relamping, installation
of outlets, and general electrical maintenance. Occasionally, critical
electrical failures require an immediate response to maintain safety or
vital operations. The contracts for electrical service provide for
maintenance, emergency services and identified projects requiring
electrical services.
Upcoming electrical service projects include upgrades to both the Police
Department's security camera system and the computer center in the amounts
of $99,000 and $88,000 respectively. The installation of additional
security cameras will increase monitoring capabilities of the outside of
the police facility and to more areas of the holding facility. The service
needed for the computer center includes an upgrade in power capabilities
and connection to the existing emergency generator.
On June 5, 2006, the City Council awarded a contact to Williams & Maher,
Inc. for a two-year period with provision for three, one-year renewals.
The vendor has performed satisfactorily during the past contract period and
has agreed to renew the contract without an increase in pricing. Staff
recommends the first renewal of the contract.
221-1
Contract Renewal for Electrical Services
Spec No. 06-064
Page 2
FISCAL IMPACT
Funds are available in the various departmental Maintenance & Repair of
Buildings & Grounds accounts (object code 6261).
s,~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
221-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 2, 2008
TITLE:
CONTRACT A1iARD FOR BRISTOL
STREET TRAFFIC MANAGEMEN'P,
PHASES I AND III (PROJECT
NOS. 07-1726 AND 08-5015)
C
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1g` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Award a contract to Christopher R. Morales, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $289,090 for construction of Bristol Street
Traffic Management, Phases I and III.
2. Approve a Funding Analysis with a total estimated construction cost
of $365,300.
DISCUSSION
This project provides for the installation of traffic signal
communication equipment, system detection and closed circuit television;
and for the upgrade of existing traffic communications equipment on
Bristol Street (Exhibit 1). The project will allow staff to communicate
with traffic signals, monitor traffic volume and speed, and make traffic
signal timing adjustments as necessary based on real time traffic
conditions.
The Notice Inviting Bids was advertised on April 28 and 30, 2008, and
bids were opened on May 13, 2008. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 0
Contractors requesting bidding documents: 15
Bids received: 11
Bids received from Santa Ana Contractors: 0
23A-1
Contract Award For Bristol Street Traffic
Management
June 2, 2008
Page 2
NAME OF BIDDER
1.
2.
3.
4.
5.
6.
7.
8.
9.
L0.
L1.
Christopher R. Morales, Inc.
P.T.M. General Engineering
Services, Inc.
Steiny & Company, Inc.
CSI Electrical Contractors, Inc.
KDC Inc. dba Dynalectric
Pouk & Steinle, Inc.
California Professional Eng.
Moore Electrical Contracting,
C.T.& F, Inc.
Manuel Bros., Inc.
Goldenstate Utility Co.
CITY
BID AMOUNT
City of Industry $289,090.00
Riverside $299,029.00
Baldwin Park
Santa Fe Springs
Los Alamitos
Riverside
So. E1 Monte
$303,124.00
$317,900.00
$336,713.49
$356,513.00
$359,540.00
$360,021.00
$367,629.06
$369,040.00
$418,512.00
Inc. Corona
Bell Gardens
Grass Valley
Ceres
A total of eleven bids were received and all were responsive. The lowest
bid was submitted by Christopher R. Morales, Inc., for $289,090 which is
below the engineer's estimate of $461,000. The low bid is attributed to
the highly competitive market as demonstrated by the large number of
bidders.
~SNVIRONMBNTAL IMPACT
After completion of Environmental
Categorical Exemption will be filed
California Environmental Quality Act.
FISCAL IMPACT
Review Nos. 2008-112 and 2008-13,
for these projects pursuant to the
The funding analysis shows a total estimated construction cost of
$365,300 for the project (Exhibit 2). Funds are available in the Measure
M Competitive and Turnaround Fund (account no. 32-551-6631), Gas Tax Fund
(account no. 59-551-6631), and Area F Fund (account no. 35-631-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
~.:/ O
James G. R ss ~ancisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
K:\Construction\RFCA-draft\07-1726 and OB-5015 Bristol TM.doc 100 WD
23A-2
EXHIBIT
/ GpT10N F~ \
SANTA ANA moo! ~+ ~
~ City Council BRISTOL STREET TRAFFIC MANAGEMENT PROJECT ~~, ~
P~ WA ^ Agenda Date: PHASE I & III ''I
PR 07-1726 & 08-5015 ~t
PUBLIC WORKS AGENCY `il~iiiW~YiiY!
June 2, 2008 ~..-
23A-3
FUNDING ANALYSIS
PROJECT NOS. 07-1726 AND 08-5015
BRISTOL STREET TRAFFIC MANAGEMENT
(PROJECT NUMBERS 07-1726 AND 08-5015)
Construction Contract
Contract Administration
Inspection and Testing
Contingencies
$ 289,090
12,301
35,000
28,909
TOTAL ESTIMATED CONSTRUCTION COSTS 5365,300
Exhibit 2
23A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
SECOND RENEWAL OPTION TO AGREEMENT
FOR CUSTODIAL MAINTENANCE SERVICES AT
THE SANTA ANA REGIONAL TRANSPORTATION
CENTER
~i
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 ~ 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 amendment to the agreement with Pacific Building Care, Inc. for
janitorial services at the Santa Ana Regional Transportation Center in an
amount not to exceed $150,000 for a one-year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Regional Transportation Center is a transportation hub,
combining Amtrak, MetroLink, Orange County Transit Authority and other
bus services with office space for various State, County and City
departments. Additionally, the facility includes a five-story theme
tower that houses additional office space, conference rooms and a new
Pedestrian Bridge. Patronage at the facility has increased in recent
years, which requires that consistent, high-level custodial service be
maintained at all times in order to keep the facility clean and
attractive.
On June 6, 2005, City Council awarded a contract with Pacific Building
Care, Inc. (PBC) for a two-year period with three, one-year renewal
options. PBC has requested to enter into its second year renewal option
beginning July 1, 2008, and ending June 30, 2009. PBC has been diligent
in addressing the work plan and scope of services, and the company's
efforts at the Santa Ana Regional Transportation Center have achieved the
required level of cleanliness. Staff recommends that the City exercise
the second renewal option to continue these efforts.
25A-1
Second Renewal Option to Agreement
for Custodial Maintenance Services at the
Santa Ana Regional Transportation Center
June 2, 2008
Page 2
FISCAL IMPACT
Funds will be available in the FY 08-09 Santa Ana Regional Transportation
Center Maintenance and Repair Buildings and Grounds account (account no.
67-615-6241).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~u ~~~
Nancy T. dwards /~,F'rancisco Gutierrez ~~
Assistant Director D`~ Executive Director
Community Development Agency Finance & Management Services Agency
SGH/GL/mlr
060208 2ndRenewOptAgree - PBC RTC
25A-2
SECOND RENEWAL OPTION TO
CUSTODIAL MAINTENANCE AGREEMENT
THIS SECOND RENEWAL OPTION TO CUSTODIAL MAINTENANCE
AGREEMENT is take effect on July 1, 2008, by and between Pacific Building Care, Inc.
("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-2005-118, dated June 15, 2005 (hereinafter
"said Agreement") by which Contractor has provided custodial services for The
Depot at Santa Ana. The first renewal option was exercised on June 16, 2007.
B. In accordance with the terms and conditions of said Agreement, the parties now wish
to exercise the second one year option period to extend the Agreement and increase
the Compensation term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement as amended and those amended
in this Second Renewal Option, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be amended to read, in full, as follows:
"Contractor shall perform those services as set forth in Exhibit A, attached to said
Agreement. Contractor shall add the services of one additional janitor at the Depot at
Santa Ana."
2. Section 2.a., COMPENSATION, shall be amended to read, in full, as follows:
"City agrees to pay, and Contractor agrees to accept as total payment for its services,
a monthly fee of $12,099.96. Additional services, as set forth in Section 1, above,
shall be paid at the rates and charges set forth in Contractor's Official Bid
Proposal/Specifications, attached to said Agreement as Attachment G. The total sum
to be expended under this Agreement shall not exceed $150,000.00 during the
remaining option term through June 30th, 2009."
3. Except as herein amended, all terms and conditions of said Agreement shall remain in
full force and effect.
//
25A-3
2 5A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AGREEMENT WITH MIKE LINARES, INC.
FOR FEDERAL GRANT PROGRAM
CONSULTING SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 ~` Reading
^ Ordinance on 2n° 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 Mike Linares, Inc. to provide technical
consulting services for federal grant programs in an amount not to exceed
$55,000 for a one-year term, subject to non-substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana receives federal grants through the Community
Development Block Grant Program (CDBG), the Emergency Shelter Grant
Program (ESG) and the Home Investment Partnership Act Program (HOME) to
fund eligible activities relating to community development, social
services for the homeless and affordable housing. Periodically, City
staff requires professional consulting services to ensure compliance with
all federal regulations and procedures regarding these grant programs.
For the past eight years, Mike Linares, Inc. has provided consulting
services on federal grant programs to the City of Santa Ana. The
services provided include preparation of annual reports such as the
Consolidated Annual Performance and Evaluation Report and the
Consolidated Plan Annual Update. Mike Linares, Inc. also provides
program design assistance to ensure compliance with federal regulations
and technical assistance on utilization of the United States Department
of Housing and Urban Development's (HUD's) electronic system for
committing and disbursing grant funds.
Under the proposed agreement, Mike Linares, Inc. will work on an hourly
basis as needed and as requested by the Community Development Agency.
The scope of work may include, but will not be limited to, design of
programs funded by federal grants, preparation of periodic reports,
25B-1
Agreement with Mike Linares, Inc.
June 2, 2008
Page 2
responding to staff questions on compliance with HUD regulations, and
utilization of HUD's electronic system for committing and disbursing
grant funds. The hourly billing rate will be $80.
FISCAL IMPACT
Funds are available in the CDBG, HOME and HOPWA Administration accounts
(account nos. 135-146-6291, 130-148-6291, 405-148-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. dwards ,,Francisco Gutierrez (~~
Assistant Director Executive Director ~ '4}-'
Community Development Agency Finance & Management Services Agency
NTE/FH/mlr
060208 AgreeMLinaresInc
25B-2
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 2°d day of June, 2008, by and between
MIKE LINARES, INC., 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
technical consulting services for federal grant programs.
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 services as requested by the Deputy City Manager for
Development Services/ Community Development Agency, including design of programs funded
by federal grants, preparation of periodic reports, responding to staff questions regarding
compliance with HUD regulations, and utilization of HUD's electronic system for committing
and disbursing grant funds.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an
hourly rate of $80.00. Additional materials and supplies required to complete assigned tasks, or
as requested by City, will be billed at cost plus ten percent. The total sum to be expended under
this Agreement shall not exceed $55,000.00 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.
25B-3
3. TERM
This Agreement shall commence on July 1, 2008 and terminate on June 30, 2009, unless
terminated earlier in accordance with Section 13, below. The term of this Agreement may be
extended upon a writing executed by the Deputy City Manager for Development Services 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. 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 A upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. 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.
25B-4
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.
d. 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 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.
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
25B-5
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. CERTIFICATION
Consultant acknowledges that the funds for the programs have been granted to City by
the federal government pursuant to various grant programs. Consultant agrees to be bound by
and comply with all of the terms and conditions of City's Grant Agreements, including but not
limited to:
a. Audit Report Requirements. Consultant agrees that if Consultant receives Five
Hundred Thousand Dollars ($500,000.00) or more in federal funds. Consultant shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set
forth and published by the United States Office of Management and Budget -OMB Circular A-
133.
b. Record Keeping/Reporting. Consultant shall keep and maintain complete and
adequate records to assist City in meeting and maintaining its record keeping responsibilities
under the Act. City and the United States Government and/or their representatives shall have
access for purposes of monitoring, auditing and examining Consultant's activities and
performance, to books, documents and papers, and the right to examine records of Consultant's
subcontractors, bookkeepers and accountants, employees and participants in regard to said
program. Nothing herein shall be construed to require access to any privileged or confidential
information as set forth in federal or state law.
c. Consultant certifies and agrees that it will not use funds provided through this
Agreement to pay for entertainment, meals or gifts.
d. Lobbying. Consultant certifies that it will comply with federal law and regulations
found at 24 CFR Part 87, 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
25B-6
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, amendments or modification of any federal contract,
grant, loan or cooperative agreement.
e. Drug Free Workplace. Consultant certifies that it has established adrug-free
workplace policy which includes the following provisions.
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally
funded program.
2. As an employee working in conjunction with a federally funded program, the
employees of Consultant will be required to:
• Abide by the terms above in statement 1.
• Notify appropriate officials of Consultant and City officials of any criminal
drug statute conviction for a violation occurring in the workplace not later than
five days after such conviction.
• The United States Department of Housing and Urban Development will be
notified within ten days after receiving notice of any such violation.
• Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
• Each such employee shall be required 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.
f. Consultant assures and certifies that it will not use any funds appropriated under
this Agreement for religious activity or anti-religious activity, or to promote or oppose any
political candidate, party or belief.
g. Consultant assures and certifies that where applicable classroom training instructors
are properly credentialed, and training curriculums comply with State Education Codes.
h. Consultant assures and certifies that it is in good standing with the California
Secretary of State, Franchise Tax Board and Internal Revenue Service.
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 Council
City of Santa Ana
25B-7
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Deputy City Manager for Development Services
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. BOX 1988
Santa Ana, California 92702
telefacsimile (714) 647-6736
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 Consultant:
Mike Linares, Inc.
P.O. Box 3913
San Clemente, California 92672
Telefacsimile (949) 369-1517
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, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
25B-8
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 and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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.
25B-9
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 his 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:
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
MIKE LINARES, INC.
MIKE LINARES
Owner
Tax ID #
25B-10
EXHIBIT A
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 (M-30), Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective ,this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
25B-11
25B-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
LEASE AGREEMENT WITH MEXICAN AMERICAN
OPPORTUNITY FOUNDATION
l1/
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~ 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 lease agreement with the Mexican American Opportunity
Foundation in the amount of $4,884 for a one-year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
For the past eight years, the City of Santa Ana through the Santa Ana
W/0/R/K Center has leased office space from the Mexican American
Opportunity Foundation (MAO F) for the operation of a W/0/R/K Center
satellite office. This office provides job employment services such as
computer usage, Internet access for job search, job search workshops,
resume preparation assistance and referrals to community service,
training, and education resources for Empowerment Zone residents. The
continued leasing of this space from MAOF will ensure that these
necessary resources will remain available to the community.
The office space, located at 502 S. Ross, Santa Ana, is 323 square feet
with a monthly lease rate of $1.26 per square foot for an amount not to
exceed $4,884 during the one-year term of the lease which will be
effective July 1, 2008.
25C-1
Lease Agreement with MAOF
June 2, 2008
Page 2
FISCAL IMPACT
Funds for this contract are available in the Empowerment Zone Service
Navigator SAWC account (account no. 129-035-6294).
~~
Nancy T. Edwards
Assista Director
Community Development Agency
NTE/LM/mlr
060208 Lease AgreeMAOF
APPROVED AS TO FUNDS AND ACCOUNTS:
l~(y<`c~'i~ ~ n a.
Francisco Gutierrez
Executive Director G~
Finance & Management Services Agency
25C-2
LEASE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND THE MEXICAN
AMERICAN OPPORTUNITY FOUNDATION
1. PARTIES
This Lease, dated July 1, 2008, is made and entered by and between the Mexican
American Opportunity Foundation, anon-profit organization ("Landlord") and 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 ("Tenant"). Both parties understand
and agree that Landlord is lawfully subletting the Premises described herein, and the
Owner of the Premises and Property is fully aware of this Agreement and will be
receiving a copy hereof (see Letter dated May 14, 2008, attached hereto and incorporated
herein as Exhibit A).
2. PREMISES
Landlord does hereby lease to Tenant, and Tenant hereby leases from Landlord that
certain office space ("Premises") indicated on Exhibit B, attached hereto and
incorporated herein, said Premises being agreed, for purpose of this Lease, to have an
area of approximately Three Hundred Twenty-Three (323) square feet, being situated
within that certain building known as 502 South Ross Street in the city of Santa Ana
92701 ("Property").
3. TERM OF LEASE
The term of this Lease shall commence on the first (1st) day of July 2008, and end on the
thirtieth (30th) day of June 2009.
4. RENT
Tenant agrees to pay to Landlord as rental, the sum of Four Hundred Seven Dollars
($407.00), on or before the fifth day of the first full calendar month of the term hereof
and like sum on or before the first day of each and every successive calendar month
thereafter during the term hereof. Rent for any period during the rental term which is less
than one (1) month shall be a prorated portion of the monthly installment herein, based
upon a thirty (30) day month.
5. USE
Tenant shall use the Premises for general office purposes, and shall not use or permit the
Premises to be used for any other purpose without the prior written consent of Landlord.
Tenant shall be entitled to access and use of all facilities located on and within the
Property.
Tenant shall not do or permit anything to be done in or about the Premises, nor bring or
keep anything therein which will in any way increase the existing rate of, or affect any
fire or other insurance upon the building or any of its contents. Tenant shall not do or
permit anything to be done in or about the Premises which will in any way obstruct or
25C-3
interfere with the rights of other tenants or occupants of the Property, or injure or annoy
them, or use or allow the Premises to be used for any improper, immoral un 1 awful, or
objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on, or
about the Premises.
6. COMPLIANCE WITH LAW
Tenant shall not use the Premises, or permit anything to be done in or about the Premises,
which will in any way conflict with any law, statute, ordinance, or governmental rule or
regulation now in force, or which may hereafter be enacted or promulgated. Tenant shall,
at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations, or requirements now in force or relating to, or affecting
the condition, use, or occupancy of the Premises, excluding structural changes not related
to or affected by Tenant's improvements or acts.
7. REPAIRS
Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof
in good condition and repair, damage thereto from causes beyond the reasonable control
of Tenant and ordinary wear and tear excepted. Tenant shal l upon the expiration or
sooner termination of this Lease, surrender the Premises to the Landlord in good
condition, ordinary wear and tear and damage from causes beyond the reasonable control
of Tenant excepted.
Not withstanding the provisions contained herein, Landlord shall repair and maintain the
structural portions of the Property, including the basic plumbing, air conditioning, heating
and electrical systems, installed or furnished by Landlord, unless such maintenance and
repairs are caused in whole or in part by the act, neglect, fault or omission of any duty by
the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord
the reasonable cost of such maintenance and repairs.
Landlord shall not be in breach of its obligations under this article unless Landlord fails
to make repairs or perform maintenance which Landlord is obligated to perform
hereunder, and such failure persists for an unreasonable time after written notice of the
need for such repairs or maintenance is given to Landlord by Tenant.
8. ASSIGNMENT AND SUBLETTING
Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage,
pledge, or encumber this lease or any interest therein, and shall not sublet said Premises
or any part thereof, or any right or privilege appurtenant thereto, or allow any other
person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or
use said Premises, or any portion thereof, without the prior written consent of the
Landlord.
9. HOLD HARMLESS
Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and
expenses, arising from Tenant's use of the Premises for the conduct of its business, or
from any activity, work, or other thing done, permitted, or suffered by the Tenant in or
25C-4
about the building, and shall further indemnify and hold harmless Landlord against and
from any and all claims arising from any breach or default in the performance or any
obligation on Tenant's part to be performed under the terms of this lease, or arising from
any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of
Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred
by any such claim or any action or proceeding brought thereon and, in any case, action,
or proceeding brought against Landlord by reason of any such claim.
Landlord or its agents shall not be liable for any damage to property entrusted to
employees of the building, nor for loss or damage to any property by theft or otherwise,
nor for any injury to or damage to persons or property resulting from fire, explosion,
falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the
building or from the pipes, appliances, or plumbing works therein or from the roof of any
structure on the Property, or from any other place resulting from dampness or any other
cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants
or employees for failing to repair such condition(s) within a reasonable time after written
notice of the need for such repair is given to Landlord by Tenant.
Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents
observed by Tenant on the Premises, or on the Property, or of defects therein, or in the
fixtures or equipment.
10. SUBROGATION
As long as their respective insurers so permit, Landlord and Tenant hereby mutually
waive their respective rights of recovery against each other for any loss insured by fire,
extended coverage and other property insurance policies existing for the benefit of the
respective parties. Each party shall obtain any special endorsements, if required by their
insurer to evidence compliance with the aforementioned waiver.
11. SERVICES AND UTILITIES
Landlord agrees to furnish to the Premises, on all days that the Property is open to the
public, subject to the rules and regulations of the Property, water and electricity suitable
for the intended use of the Premises, heat, ventilation and air conditioning required for
the comfortable use and occupation of the Premises, including janitorial services. The
Owner of the Property shall also maintain the plumbing, air conditioning and electrical
systems on the Property, as well as the common areas of the Property .
12. RULES AND REGULATIONS
Tenant shall faithfully observe and comply with the rules and regulations that Landlord
shall from time to time promulgate. Landlord reserves the right from time to time to make
all reasonable modifications to said rules. The additions and modifications to those rules
shall be binding upon Tenant upon delivery of a copy of them to Tenant.
13. ENTRY BY LANDLORD
Landlord reserves and shall at any and all times have the right to enter the Premises, with
reasonable notice to Tenant, for the purposes of inspection, supplying janitorial service
25C-5
and any other service to be provided by Landlord to Tenant hereunder, and to alter,
improve, or repair the Premises, providing that the business of the Tenant shall not be
interfered with unreasonably.
14. RECONSTRUCTION
In the event that the Premises or the building of which the Premises are a part are
damaged by fire or other perils covered by extended coverage insurance, Landlord agrees
to forthwith repair the same; and this Lease shall remain in full force and effect, except
that Tenant shall be entitled to a proportionate reduction, to be based upon the extent to
which the making of such repair shall materially interfere with the business carried on by
the Tenant in the Premises.
In the event that the Premises or the building of which the Premises are a part are
damaged as a result of any cause other than the perils covered by fire and extended
coverage insurance, then Landlord shall repair the same, provided the extent of the
destruction be less than ten percent (10%) of the then full replacement cost of the
Premises or the building of which the Premises are a part. In the event the destruction of
the Premises or the building is greater than ten percent (10%) of the full replacement cost,
then Landlord shall have the option: (1) to repair or restore such damage, this Lease
continuing in full force and effect, but the rent to be proportionately reduced as
hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of
the damage, at which time this Lease shall expire and all interests of the Tenant in the
Premises shall terminate on the date so specified in such notice and the rent, reduced by a
proportionate amount based upon the extent, if any, to which such damage materially
interfered with the business carried on by the Tenant in the Premises, shall be paid up to
the date of such termination.
The Tenant shall not be entitled to any compensation or damages from Landlord for loss
of the use of the whole or any part of the Premises, Tenant's personal property, or any
inconvenience or annoyance occasioned by such damage, repair, reconstruction, or
restoration.
15. DEFAULT, REMEDIES.
A. Default. The occurrence of any one or more of the following events shall constitute a
default under this Lease by Tenant:
1. Non-curable defaults:
a) The vacating or abandonment of the Premises by Tenant.
b) Any attempted or involuntary transfer of Tenant's interest in this Lease without
Landlord's prior consent.
c) If Tenant makes, or has made, or furnishes any warranty, representation or statement
to Landlord in connection with the Lease which is or was false or misleading in any
material respect when made or furnished.
2. Curable defaults:
a) The failure by Tenant to make any payment of rent or any other payment required to
25C-6
be made by Tenant hereunder, as and when due, where such failure shall continue for
a period of three (3) days after written notice thereof by Landlord to Tenant, this
Lease shall be terminable at Owner's option.
b) The failure by Tenant to observe or perform any of the covenants, conditions, or
provisions of this Lease to be observed or performed by the Tenant, where such
failure shall continue for a period of thirty (30) days after written notice thereof by
Landlord to Tenant; provided; however, that if the nature of Tenant's default is such
that more than thirty (30) days was reasonably required for its cure, then Tenant shall
not be deemed to be in default if Tenant commences such cure within said thirty (30)
day period, and thereafter diligently prosecutes such cure to completion.
B. Remedies.
In the event of any non-curable default or breach by Tenant, Landlord shall have the right
to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall
immediately surrender possession of the Premises to Landlord. If Landlord terminates
this Lease and Tenant's right to possession for the Premises, Landlord may recover the
following from Tenant:
a) The worth at the time of award of the unpaid rent which was due, owing and unpaid
by Tenant to Owner at the time of termination;
b) The worth at the time of the award of the amount by which the unpaid rent for the
balance of the Lease term after the time of award exceeds the amount of rental loss
which Tenant proves could be reasonably avoided;
c) Pursuing any other remedies now or hereafter available to Landlord under the laws or
any judicial decision of the state in which the Premises are located.
16. PARKING
Tenant shall have the right to use the parking facilities of the building in common with
other tenants or occupants of the Property.
17. GENERAL PROVISIONS
Waiver. The waiver by Landlord of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant, or condition on any
subsequent breach of the same or any other term, covenant, or condition herein contained.
The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a
waiver of any preceding breach by Tenant of any term, covenant, or condition of this
lease, other than the failure of the Tenant to pay the particular rental so accepted,
regardless of Landlord's knowledge of such preceding breach at the time of the
acceptance of such rent.
Time. Time is of the essence of this Lease, and each and all of its provisions in which
performance is a factor.
Successors and Assigns. The covenants and conditions herein contained, subject to the
provisions as to assignment, apply to and bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
25C-7
Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and
performing all of the covenants, conditions, and provisions on Tenant's part to be
observed and performed hereunder, Tenant shall have quiet possession of the Premises
for the entire term hereof, subject to all the provisions of this Lease.
Prior Agreements. This Lease contains all of the agreements of the parties hereto with
respect to any matter covered or mentioned in this Lease, and no prior agreements or
understanding pertaining to any such matters shall be effective for any purpose; no
provision of this lease maybe amended or added to except by an agreement in writing
signed by the parties hereto or their respective successors-in-interest. This Lease shall not
be effective or binding on any party until fully executed by both parties hereto.
Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be
affected or impaired because the Landlord is unable to fulfill any of its obligations
hereunder, or is delayed on doing so, if such inability or delay is caused by reason of
strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the
Landlord.
Severability. Any provision of this lease which shal l prove to be invalid, void, or illegal
shall in no way affect, impair, or invalidate any other provision hereof, and such other
provision shall remain in full force and effect.
Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative with all other remedies at law or in equity.
Choice of Law. This Lease shall be governed by the laws of the state of California, with
venue in the courts of Orange County.
18. Notices. All such notices and demands which may or are to be required or permitted
to be given by either party to the other hereunder shall be in writing. All notices and
demands sent by either party shall be sent by United States Postal Service, postage
prepaid, addressed as follows:
To Tenant-- To Landlord--
City of Santa Ana -WORK Center MAOF
1000 E. Santa Ana Blvd., Ste. 200 502 S. Ross Street
Santa Ana, CA 92701 Santa Ana, CA 92701
ATTN: Lydia Morgan ATTN: Martin Castro
25C-8
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: Lisa E. Storck
Assistant City Attorney
"LANDLORD"
Mexican American Opportunity
Foundation
Martin Castro
CEO/President
25C-9
25C-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
APPROVAL OF QUALIFIED
ENVIRONMENTAL CONSULTANT LIST TO
PROVIDE ENVIRONMENTAL SERVICES AND
TECHNICAL STUDIES
/ ~~ J
(~~~• CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve and authorize the City Manager and Clerk of the Council to
execute environmental consultant agreements in substantial conformity
with the attached agreement with the following firms to provide
environmental services and related technical studies for the City of
Santa Ana Planning Division at the fees set forth in their responses to
Request for Qualifications.
Consultants:
Advantec Consulting Engineers
Albus-Keefe & Associates
AMEC Earth & Environmental
Architectural Resources Group
Austin-Foust Associates
CAA Planning
Chambers Group
Converse Consultants
DKS Associates
EDAW
Fehr & Peers/Kaku Associates
GC Environmental
GeoSoils
Gordon Bricken & Associates
Greenwood & Associates
Hartzog & Grabill
Hogle-Ireland
ICF Jones & Stokes
Keeton Kreitzer Consulting
Kimley-Horn & Associates
Kleinfelder, Inc.
KOA Corporation
Lilley Planning Group
LSA Associates
Mestre Greve Associates
Michael Brandman Associates
P&D Consultants (TCB Aecom)
PBS&J
PCR Services Corporation
RBF Consulting
Rincon Consultants, Inc.
RK Engineering Group
Romo Planning Group (RPG)
Sapphos Environmental
SWCA Environmental Consultants
T&B Planning
Templeton Planning Group
The Bainbridge Group
The Planning Center
U1traSystems
URS Corporation Americas
Wieland Associates
Willdan
25D-1
Environmental Consultant List
June 2, 2008
Page 2
DISCUSSION
In order to facilitate investment in the community, staff has identified
ways to streamline the environmental process by pre-qualifying
environmental consultants. While staff prepares many of the
environmental services required for City as well as private development
projects, larger and more complex projects often necessitate the hiring
of environmental consultants to ensure all state-mandated requirements
are satisfied. The hiring of these consultants adds additional and
sometimes vital time to development processing. It requires staff to
request proposals from several consulting firms for the project, review
the proposals, and prepare a contract and staff report for City Council
approval. This process can add as many as four months to the development
process for each project and, thus, cause substantial delay.
It is recommended that the City enter into agreements with pre-qualified
consultants for environmental services. These consultants then will be
contracted with individually for specific projects each time a City
sponsored project or private developer initiates a new project in the
City.
Similar to many cities, the City of Santa Ana utilizes consulting firms
to provide technical expertise relating to environmental services.
Recently, the City has contracted environmental firms to prepare complex
environmental impact reports for such projects as Town and Country Manor,
Metro-East, First and Cabrillo Towers, Empire Homes, Nexus Development at
MacArthur Place, Village Green on North Bristol, the Renaissance Specific
Plan, and the City Place Sky Lofts Residential Tower.
There are two types of development projects where environmental services
are needed by the City. The first type is a private development project
in which case the developer would pay for the entire cost of the
necessary environmental services required for their project.
The second project type involves a City Agency such as Public Works,
Planning, Housing or Parks and Community Services where the Agency
requests environmental services associated with a City sponsored project.
City sponsored projects may include street projects, programs,
environmental consultation, and grant applications.
25D-2
Environmental Consultant List
June 2, 2008
Page 3
In the case of a private development project requiring an environmental
study, the developer is required to submit payment to the City for the
full cost of the contracted service. This payment is placed in a special
City deposit account (account no. 98-01-3612). When the environmental
report is completed, the City pays the consultant from this deposit
account for work completed. In the case of City development projects,
the respective agency would pay the consultant for environmental services
from their project funding allocation. In both cases, this requested
action would save vital time in the selection and contracting process for
consultants.
A request for qualifications was sent to 74 consulting firms in April
2008. Proposals were submitted from 43 firms. These proposals were then
evaluated and compiled onto a list of qualified firms. The list includes
consulting firms that provide all disciplines of environmental and
technical studies required to process development projects.
It is recommended that the consultant list be approved due to the
technical expertise that the firms possess in providing environmental
services and technical studies.
Environmental Impact
The approval of a consultant list for environmental consultation is
statutorily exempt from CEQA.
FISCAL IMPACT
Developers are required to pay for the total cost of environmental
services required for development projects. Fees for these services will
be deposited into a special City deposit account (account no. 98-01-3612)
in amounts not to exceed an aggregate amount of $2,000,000, and a like
amounts will be expended from this account to pay consultants for
environmental services for these development projects. This requested
action will provide contracted environmental services only for City
projects, but does not address any funding requirements or approvals.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja Trevino ancisco Gutierrez
Executive Director U Executive Director
Planning and Building Agency Finance & Management Services AgencyJ~,1
BA:rb
ba\reporta 2008\staff report RFCA RFQ consultantlist 6.2.08cc
25D-3
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 2"d day of June, 2008 by and between (EIR
Consultin Firm, 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 services and related technical studies.
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 study and related technical study services related to analyses
of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in
City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by
reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this
Agreement. Said services shall be provided at the request of the Executive Director of the Planning and
Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney.
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 agrees, 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.
25D-4
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 be set in the
writing authorizing Consultant to perform a specific project pursuant to 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, 2009,
unless terminated earlier in accordance with Section 13, below. The term of this Agreement maybe
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 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 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:
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.
25D-5
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: (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 due to negligent acts, omissions or willful
misconduct in the performance, 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
negligent acts, omissions or willful misconduct in the performance of 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 asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
25D-6
property rights arises by reason of 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
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)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
and
City Attorney
City of Santa Ana
25D-7
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
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 proposal 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.
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 maybe 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:
25D-8
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 maybe brought or arise out of, in connection with or by
reason of this Agreement.
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.
25D-9
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
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
DAVID N. REAM
City Manager
CONSULTANT
NAME
Title
Tax ID#
25D-10
EXHIBIT A
CONSULTANT'S PROPOSAL
AND
FEE SCHEDULE
25D-11
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
25D-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEI~NT NO. 2008-07 FOR THE
PROPERTY LOCATED AT 1108 NORTH
FRENCH STREET
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 NUM6ER
Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Yvonne N. Naranjo for the structure located at
1108 North French Street, subject to non-substantive changes approved by
the City Manager and City Attorney.
HISTORIC RESOURCES COI~IISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Yvonne N. Naranjo for
the structure located at 1108 North French Street, subject to non-
substantive changes approved by the City Manager and City Attorney at its
May 1, 2008 meeting by a vote of 6:0 (Dickman abstained, Bustamante and
Seely absent).
DISCUSSION
After the public hearing on May 1, 2008, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A). Additionally, the agreement prevents
inappropriate alterations.
25E-1
HPP Agreement No. 2008-07
June 2, 2008
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $113.47 to $567.37 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
J..
Ja~YM. Trevino Francisco Gutierrez
Executive Director Executive Director
Planning & Building Agency Finance & Management Services Agenc /~.
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hs\historic info\mills act agreements\1108~I_French/hppa08-07.cc
25E-2
REQUEST FOR
Historic Resources Commission Aclion
Hsrorac i~souRC~s aoMUSSioN i!u~rNC oa-T~:
MAY 1, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-07 FOR THE PROPERTY
LOCATED AT 1108 NORTH FRENCH STREET
Prepared by Hally Soboleske
Hsro~c a~n sEC~raz~r
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
Executive Director Plann' g Manager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Yvonne N. Naranjo for
the structure located at 1108 North French Street, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Request of Applicants
The applicant, Yvonne N. Naranjo,
Property Preservation Agreement No.
property owner and the City of Santa
requests the approval of Historic
2008-07 (Mills Act) between the
Ana.
Property Description
The subject property includes a two-story residence and a detached, one-
car garage located at 1108 North French Street (Exhibit 1). The
property is within the French Park neighborhood and the surrounding land
uses are residential with multi-family residences to the west.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary. Once recorded, the agreement triggers the
use of a different valuation method in determining the property's
assessed value, thereby resulting in potentially significant property
tax savings for the owner.
EXHIBIT A
25E-3
HPPA No. 2008-07
May 1, 2008
Page 2
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Landmark in 2000 by the Historic Resources Commission
(Exhibit 2).
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 3). A
review of the property indicates that this Neoclassical Revival styled
structure is in excellent condition. As a result, a supplemental
property rehabilitation plan will not be required as part of this
agreement. Photos of the property are included with the agreement as
well as a photo location map. The benefits of executing this agreement
include, but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with
recommended action
Section 15061 (b) (3) ,
from further review
the California Environmental Quality Act, the
is exempt from further review under General Rule
and therefore, the recommended action is exempt
A Notice of Exemption will be filed for this
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H P PA-2008-07
1108 NORTH FRENCH STREET
PLANNING AND BUILDING AGENCY
EX~~B~T is
NAME Bishop House REF. NO. 134
ADDRESS 1108 North French Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT French Park NEIGHBORHOOD French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION B, C NATIONAL REGISTER STATUS CODE 1D
Location: ^ Not for Publication ®Unrestricted
USGS 7.5" Quad Date: T R '/< of '/4 of Sec B.M.
^ Prehistoric ®Historic ^ Both
ARCHITECTURAL STYLE: Neo-Classical Revival
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:
The architectural style terminology is adapted from the National Register Bulletin 16A
The Neo-Classical Revival is one of the revival styles that flourished at the turn of the century, between 1890 and 1910. The style is
characterized by simple, rectangular volumes; symmetrical placement of doors and windows; hipped roofs with gabled elements and
boxed eaves. Wood embellishments are few and are confined to those that echoed the tendencies of the classics, especially at the
entry porches where columns usually evoked Greek and Roman architectural elements.
Page 1 of 4
LLV-IRC\ca[egory Bishop
5-12-00
EXHIBIT 2
25E-6
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
Year Built: 1906
Alter garage: December 1922
Repair Chimney May 8, 1933
Restore garage to its original use: May 18, 1988
30 feet by 12 feet patio cover: May 18, 1988
RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape)
Original 1922 garage, located in rear.
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and
boundaries.)
Clad in narrow clapboard siding, this single storied house is crowned with a bellcast hipped roof, centered with a prominent matching
dormer. Wide enclosed eaves, trimmed molding, and closely-spaced carved brackets form the roof line. Trios of fluted wood
columns, topped with Ionic capitals and resting in clapboard-clad piers, support the front corners of the partially recessed porch. The
porch frieze curves downward at each end. Turned balusters form the balustrade between piers. The original front door, centered
with a large beveled plate glass window, is flanked by leaded glass sidelights. A richly detailed window to the south of the door
contains a plate glass window, leaded transom and matching sidelights, dentil trim, and carved wood trim. A large plate glass window
to the north of the porch is topped with a leaded glass transom and flanked by double-hung windows. A horizontal leaded glass
window is located high in the north fapade. The original garage is located in the rear.
HISTORIC HIGHLIGHTS:
Clyde and Ida Bishop originally owned this house. Clyde Bishop came to California in 1881. Raised in Santa Ana, he joined a
traveling company of actors while in his twenties. After returning to Santa Ana, he took up the study of law in the offices of C. S.
Montgomery and Victor Montgomery, passing the California Bar in 1902. The Hon. Clyde Bishop became a prominent attorney who
served as an Assemblyman in the State Legislature for two terms, starting in 1906. He was City Attorney of the City of Orange
conducting that city's first bond issue. As the City Attorney for Newport Beach, he conducted proceedings creating the new city. He
authored the Newport Protection District Bill, and served as chairman of the County Boundaries Committee. He was on the Judiciary
Committee, the Committee on Constitutional amendments, and the Municipal Corporations Committee. He was a member of several
civic organizations and influenced the development of the County of Orange. Mr. Bishop was chosen to speak at the courthouse
dedication in 1901.
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office
of Historic Preservation)
(HP 2) Single family property
Page 2 of 4
LLV-IRC\category Bishop
5-12-00
25E-7
RESOURCES PRESENT:
® Building ^ Structure ^ Object
^ Site
^ District ^ Element of District
^ Other
MOVED? ®No ^ Yes ^ Unknown
Date:
Original Location:
STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme,
period, geographic scope, and integrity.)
This example of residential architecture during the City of Santa Ana's early development is located in French Park Historic District.
This single story, single family residence was built during the height of the development of French Park, a residential district
advertised as the "Nob Hill" of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys
and civil servants from 1880 to the early 1940's. The house is in excellent condition, in an unaltered state, and on its original site.
Built in 1906, the house embodies the Neo-Classical Revival style in the use of ionic columns on the front porch, and classical
balustrade and detailing around the windows and doors. The bellcast dormer and bellcast-hipped roofs add a distinctive style.
SUMMARY/CONCLUSION:
This building has a historic significance to the City of Santa Ana, because of its association with the Honorable Clyde Bishop. Mr.
Bishop was influential to the development of the City as the County Seat, as well as the development of the entire County. This
house, in excellent, unaltered condition, is a good example ofNeo-classical architecture.
OWNER AND ADDRESS: Sonny I & Kathleen E. Stark
1108 N. French Street
Santa Ana, CA 92701
Page 3 of 4
LLViRC~category Bishop
5-12-00
25E-8
RECORDED BY: (Name, affiliation, and address)
Lucy Linnaus
City of Santa Ana, Planning Division
20 Civic Center Plaza M-20, Santa Ana, CA 92702
DATE RECORDED: May 4, 2000
SURVEY TYPE: (Intensive, reconnaissance, or other)
Reconnaissance
REPORT CITATION:
(Cite survey report and other sources)
National Register of Historic Places Application for French Park Historic District
Santa Ana Historic Register Application Form
REFERENCES:
(List documents, date of publication, and page numbers. May also include oral interviews.)
City of Santa Ana Building Division Records
EVALUATOR:
DATE OF EVALUATION:
EXPLANATION OF CODES:
National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of
Historic Preservation)
B: that are associated with the lives of persons significant to our past
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work
of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose
components may lack individual distinction
National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic
Preservation)
1D: Contributor to a listed district.
LLV-IRC\category Bishop
5-12-00
Page 4 of 4
25E-9
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this June 2, 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 of the State of California (hereinafter referred to
as "City"), and Yvonne N. Naranjo, (hereinafter referred to as "Owners"), owners of real
property located at 1108 North French Street, Santa Ana, California, 92701 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 1108
North French Street, Santa Ana, CA, 92701 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
-~-
E~T ~ 0
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree. as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on June 2, 2008, and shall remain in
effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective
date of this Agreement, such initial term will automatically be extended as provided in California
Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
-2-
25E-11
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of--way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
ofcharacter-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
-3-
25E-12
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 %Z) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as maybe appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
-4-
25E-13
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 1108 North French
Street, Assessor Parcel Number, 398-027-21, and more particularly described in Exhibit A, in
the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this
Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City: City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner: Yvonne N. Naranj o
1108 North French Street
Santa Ana, CA 92701
-5-
25E-14
MILLS ACT AGREEMENT
II08 North French Street
Santa Ana, CA 92701
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
-6-
25E-15
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
PROPERTY OWNERS
Date:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Yvonne N. Naranjo
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
-7-
25E-16
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
Exhibit A
Lot 6, and the north 3 feet of Lot 8 of the Alexander and Lawton's Addition to Santa Ana,
in the City of Santa Ana, County of Orange, State of California, as shown on map recorded
in Book 4, Page 35 of Miscellaneous Maps, in the office of the County Recorder of said
County.
Assessor Parcel No. 398-027-21
-s-
25E-17
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
-9-
25E-18
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-10-
25E-19
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
Exhibit C
(photographs attached)
-~~-
25E-20
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
-12-
25E-21
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
-13-
25E-22
MILLS ACT AGREEMENT
1108 North French Street
Santa Ana, CA 92701
-14-
25E-23
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-15-
25E-24
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AMEND AGREEMENT WITH MACIAS GINI &
O'CONNELL LLP, FOR ADDITIONAL
COMPREHENSIVE FINANCIAL AUDIT
SERVICES
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
Authorize the City Manager and Clerk of the Council to execute an
amendment to the agreement with Macias Gini & O'Connell LLP, for
additional comprehensive financial audit services increasing the total
amount $70,000 to an aggregate amount not to exceed $565,500, subject to
non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana retained the services of Macias Gini & O'Connell
LLP, formerly known as Moreland & Associates, Inc. to conduct the annual
audit of the City's financial statements for fiscal years ending June 30,
2006 through June 30, 2009. Since the inception of the contract, new
auditing standards were adopted (Statement of Auditing Standards Nos.
104-111, 114). The new standards require changes in how audits are to be
conducted and results communicated to the client. The new audit rules
will align governmental reporting into closer alignment with the
standards imposed on audits of publicly traded companies under Sarbanes
Oxley. Sarbanes Oxley, a United States federal law enacted July 2002,
established new and enhanced standards for all U.S. public company
boards, management, and public accounting firms in response to major
corporate and accounting scandals including those that effected Enron,
Tyco International, WorldCom and Adelphia.
The new auditing requirements are intended to provide a more in-depth
understanding by the auditor of the organization including its internal
controls; a more thorough assessment of the risks of where and how the
financial statements could be materially misstated; and improve
communication between the auditor and the governing body. As such, the
implementation of the new auditing standards requires more of the
auditors' time and effort in order to comply. In addition, the auditors
will assist City staff in the completion of the annual financial
statements during implementation of the financial system. It is estimated
the additional services will total $70,000 over the next two years.
25F-1
Amend Agreement with Macias Gini &
O'Connell LLP for Additional Comprehensive
Financial Audit Services
June 2, 2008
Page 2
FISCAL IMPACT
Funds for these services are available in the Finance & Management
Services (account no. 011-171-6191).
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
~xecutive Director
Finance & Management Services Agency
25F-2
SECOND AMENDMENT TO
AUDITING SERVICES AGREEMENT
THIS SECOND AMENDMENT TO AUDITING SERVICES AGREEMENT is entered
into on June 2, 2008, by and between MACIAS GINI & O'CONNELL, LLP, a California
limited liability partnership ("Consultant") and the CITY OF SANTA ANA, a charter city and
municipal corporation of the State of California ("City").
RECITALS:
A. The City and Moreland and Associates entered into Consultant Agreement A-2006-108,
dated May 5, 2006, (hereinafter "said Agreement") by which Consultant has provided
comprehensive financial audit services.
B. By written Assignment N-2008-052, dated April 11, 2008, Moreland and Associates assigned
its rights and obligations in said Agreement A-2006-108 to Macias Gini & O'Connell, LLP.
C. Since the commencement of services pursuant to said Agreement, new auditing standards
have been adopted which bring auditing rules for governmental units into closer alignment
with publicly traded companies. These standards will require more of the auditor's time and
effort to conduct the audits required by said Agreement.
D. The City is implementing a new financial management system which will require that
additional staffing be provided to complete the annual financial statements for the fiscal year
ending June 30, 2008.
E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services and to increase the compensation to pay for the additional services during
the term.
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 to
Auditing Services Agreement, the parties agree as follows:
Section 1, SCOPE OF SERVICES, shall be amended to include a provision that
Consultant shall comply with the new Statement of Auditing Standards in the comprehensive
financial audits for the fiscal years ending in 2008 and 2009, and will assist the City's
Finance and Management Services staff in the completion of the annual financial statements
for the fiscal year ending June 30, 2008 as set forth in the Consultant's Proposal dated April
21, 2008, attached hereto as Exhibit A-2 and incorporated by reference.
25F-3
2. Section 2.a. COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the following annual fees:
• Fiscal year ending June 30, 2006 $87,200
• Fiscal year ending June 30, 2007 $90,600
• Fiscal year ending June 30, 2008 $94,100
• Fiscal year ending June 30, 2009 $97,600.
Additional services required to comply with new auditing standards and to assist in the
preparation of the trial balance working spreadsheets and prepare the City CAFR for the
fiscal year ending in 2008 will be billed at the hourly rates set in Exhibit A-2. Total
additional compensation for complying with the new SAS and assisting in the preparation
of the 2008 annual financial statements shall not exceed, $70,000.00 as set forth in
Exhibit A-2.
Consultant shall accept $26,000 as total payment for its internal controls study set forth in
Exhibit A-1 to the First Amendment to Agreement.
Special examinations, surveys, or detailed reports of any nature outside the scope of this
Agreement shall be billed separately by Consultant and must be specifically authorized in
writing by City in advance of such additional services proposed to be provided. The total
sum to be expended pursuant to this Agreement shall not exceed $565,500.00, during the
term of said Agreement."
3. Except as amended hereinabove, all terms and conditions of said Agreement shall remain in
full force and effect.
//
//
//
//
//
//
//
25F-4
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Auditing
Services 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
MACIAS GINI & O'CONNELL, LLP
KEVIN J. O'CONNELL
Managing Partner
25F-5
EXHIBIT A-1
CONSULTANT PROPOSAL
APRIL 21, 2008
25F-6
3000 S Street, Suite 300
Sacramento, CA 95816
916.928.4600
2175 N. California Boulevard, Suite 645
Walnut Creek, CA 94596
MAC IAS G I N I & O1C0 N N ELL 1
LF 925.274.0 190
_ SIS S. Figueroa Street. Suite 325
CERTIFIED PUBLIC ACCOUNTANTS S MANAGEMENT CONSULTANTS Los Angeles, CA 90071
213.286.6400
402 West Broadway, Suite 400
San Diego, CA 92101
619.573.1 112
April 21, 2008
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Ms. Arends-King:
We are pleased to confirm our understanding of the services we are to provide the City of
Santa Ana for the year ended June 30, 2008. We will audit the financial statements of the
governmental activities, the business-type activities, each major fund, and the aggregate
remaining fund information, which collectively comprise the entity's basic financial
statements, of the City of Santa Ana (City) and the Community Redevelopment Agency of
the City of Santa Ana (Agency) as of and for the year ended June 30, 2008. Accounting
Standards generally accepted in the United States provide for certain required supplementary
information (RSI), such as management's discussion and analysis (MD&A), to accompany
basic financial statements. As part of our engagement, we will apply certain limited
procedures to RSI. These limited procedures will consist. principally of inquiries of
management regarding the methods of measurement and presentation, which management is
responsible for affirming to us in its representation letter. Unless we encounter problems
with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion
on it. The following RSI is required by generally accepted accounting principles and will be
subjected to certain limited procedures, but will not be audited:
1. Management's Discussion and Analysis
2. Budgetary comparison schedules for the general fund and major special revenue
funds
3. GASB-required supplementary pension and OPEB information
Supplementary information other than RSI, such as combining and individual fund financial
statements, also accompanies basic financial statements. We will subject the following
supplementary information to the auditing procedures applied in our audit of the basic
financial statements and we will provide an opinion in relation to the basic financial
statements:
City
1. Schedule of expenditures of federal awards (normally in a separate report)
2. Individual and combining fund financial statements and schedules
www.mgocpa.com ~8 -^ An jndependent Member of the BDO Seidman Alliance
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
April 21, 2008
Page 2
The following additional information accompanying the basic financial statements will not
be subjected to the auditing procedures applied in our audit of the financial statements, and
for which our auditor's report will disclaim an opinion.
1. CAFR introductory section
2. Statistical section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial
statements are fairly presented, in all material respects, in conformity with U.S. generally
accepted accounting principles and to report on the fairness of the additional information
referred to in the second paragraph when considered in relation to the financial statements
taken as a whole. The objective also includes reporting on -
• Internal control related to the financial statements and compliance with laws,
regulations, and the provisions of contracts or grant agreements, noncompliance with
which could have a material effect on the financial statements in accordance with
Government Auditing Standards.
• Internal control related to major programs and an opinion (or disclaimer of opinion)
on compliance with laws, regulations, and the provisions of contracts or grant
agreements that could have a direct and material effect on each major program in
accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133,
Audits of States, Local Governments, and Non-Profit Organizations.
• Internal control and compliance related to the Redevelopment Agency financial
statements in accordance with Government Auditing Standards, and including the
Guidelines for Compliance Audits of California Redevelopment A encies issued by
the State Controller's Office, Division of Accounting and Reporting and as
interpreted in the Suggested Auditing Procedures for Accomplishing Com liance
Audits of California Redevelopment A encies, issued by the Governmental
Accounting and Auditing Committee of the California Society of Certified Public
Accountants.
The reports on internal control and compliance will each include a statement that the report is
intended for the information and use of the audit committee, management, specific legislative
or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and
is not intended to be and should not be used by anyone other than these specified parties. c4~
Our audit will be conducted in accordance with U.S. generally accepted auditing standards;
the standards for financial audits contained in Government Auditing Standards, issued by the
25F-8
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
Apri121, 2008
Page 3
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and
the provisions of OMB Circular A-133, and will include tests of accounting records, a
determination of major program(s) in accordance with Circular A-133, and other procedures
we consider necessary to enable us to express such opinions and to render the required
reports. If our opinions on the financial statements or the Single Audit compliance opinion
are other than unqualified, we will fully discuss the reasons with you in advance. If, for any
reason, we are unable to complete the audit or are unable to form or have not formed
opinions, we may decline to express opinions or to issue a report as a result of this
engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal controls including
monitoring ongoing activities; for the selection and application of accounting principles; for
the fair presentation in the financial statements of the respective financial position of the
governmental activities, the business-type activities, each major fund, and the aggregate
remaining fund information of the City of Santa Ana and the respective changes in the
financial position and, where applicable, cash flows in conformity with U.S. generally
accepted accounting principles; and for federal award program compliance with applicable
laws and regulations and the provisions of contracts and grant agreements. Management is
responsible for the basic financial statements and all accompanying information as well as all
presentations contained therein.
You are responsible for management decisions and functions. As part of the audit, we will
prepare a draft of your financial statements and related notes. In accordance with
Government Auditing Standards, you will be required to review and approve those financial
statements prior to their issuance and have a responsibility to be in a position in fact and
appearance to make an informed judgment on those financial statements. Further, you are
required to designate a qualified management-level individual to be responsible and
accountable for overseeing our services.
Management is responsible for making all financial records and related information available
to us, including identifying any significant vendor relationships in which the vendor has the
responsibility for program compliance. Management is responsible for adjusting the
financial statements to correct material misstatements and for confirming to us in the
representation letter that the effects of any uncorrected misstatements aggregated by us
during the current engagement and pertaining to the latest period presented are immaterial,
both individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent
and detect fraud, and for informing us about all known or suspected fraud, or illegal acts
25F-9
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
Apri121, 2008
Page 4
affecting the government involving (1) management, (2) employees who have significant
roles in internal. control, and (3) others where the fraud or illegal acts could have a material
effect on the financial statements. You are also responsible for informing us of your
knowledge of any allegations of fraud or suspected fraud affecting the government received
in communications from employees, former employees, grantors, regulators, or others. In
addition, you are responsible for identifying and ensuring that the entity complies with
applicable laws and regulations and for taking timely and appropriate steps to remedy any
fraud, illegal .acts, violations of contracts or grant agreements, or abuse that we may report.
Additionally, as required by OMB Circular A-133, it is management's responsibility to
follow up and take corrective action on reported audit findings and to prepare a summary
schedule of prior audit findings and a corrective action plan.
Management is responsible for establishment and maintenance of a process for tracking the
status of audit findings and recommendations. Management is also responsible for
identifying for us .previous audits or other engagements or studies related fo the objectives
discussed in the Audit Objectives section of this letter. This responsibility includes relaying
to us corrective actions taken to the address significant findings and recommendations
resulting from those audits or other engagements or studies. You are also responsible for
providing management's views on our current findings, conclusions, and recommendations,
as well as your planned corrective actions, and the timing and format related thereto.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about the
number of transactions to be examined and the areas to be tested. We will plan and perform
the audit to obtain reasonable rather than absolute assurance about whether the financial
statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial
reporting, (3) misappropriation of assets, or (4) violations of laws or governmental
regulations that are attributable to the entity or to acts by management or employees acting
on behalf of the entity. Because the determination of abuse is subjective, Government
Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because an audit is designed to provide reasonable, but not absolute assurance and because
we will not perform a detailed examination of all transactions, there is a risk that material
misstatements or noncompliance may exist and not be detected by us. In addition, an audit is
not designed to detect immaterial misstatements or violations of laws or governmental
regulations that do not have a direct and material effect on the financial statements or major
programs. Our responsibility as auditors is limited to the period covered by our audit and
does not extend to matters that might arise during any later periods for which we are not
engaged as auditors.
25F-10
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
Apri121, 2008
Page 5
Our procedures will include tests of the following, as we consider necessary: 1) documentary
evidence supporting the transactions recorded in the accounts, 2) the physical existence of
inventories and 3) direct confirmation of receivables and certain other assets and liabilities
by correspondence with selected individuals, creditors, and financial institutions. We will
request written representations from your attorneys as part of the engagement. At the
conclusion of our audit, we will also require certain written representations from you about
the fmancial statements and related matters.
Audit Procedures-Internal Controls
Our audit will include obtaining and understanding of the entity and its environment,
including internal .control, sufficient to assess the risks of material misstatement of the
financial statements and to design the nature, timing, and extent of further audit procedures.
Tests of controls may be performed to test the effectiveness of certain controls that we
consider relevant to preventing and detecting errors and fraud that are material to the
financial statements and to preventing and detecting misstatements resulting from illegal acts
and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render
an opinion on internal control and, accordingly, no opinion will be expressed in our report on
internal control issued pursuant to Government Auditing Standards.
As required by OMB Circular A-133, we will perform tests of controls over compliance to
evaluate the effectiveness of the design and operation of controls that we consider relevant to
preventing or detecting material noncompliance with compliance requirements applicable to
each major federal award program. However, our tests will be less in scope than would be
necessary to render an opinion on those controls and, accordingly, no opinion will be
expressed in our report on internal control issued pursuant to OMB Circular A-133.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies. However, during the audit, we will under professional standards established by
the American Institute of Certified Public Accountants communicate to management and
those charged with governance internal control related matters that are required to be
communicated by GovernmentAuditing Standards and OMB Circular A-133.
Audit Procedures-Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatement, we will perform tests of compliance with applicable laws and
regulations and the provisions of contracts and agreements, including grant agreements.
However, the objective of those procedures will not be to provide an opinion on overall
25F-11
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
April 21, 2008
Page 6
compliance and we will not express such an opinion in our report on compliance issued
pursuant to Government Auditing Standards.
OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable
assurance about whether the auditee has complied with applicable laws and regulations and
the provisions of contracts and grant agreements applicable to major programs. Our
procedures will consist of tests of transactions and other applicable procedures described in
the OMB Circular A-133 Compliance Supplement for the types of compliance requirements
that could have a direct and material effect on each of the City of Santa Ana's major
programs. The purpose of those procedures will be to express an opinion on the City of Santa
Ana's compliance with requirements applicable to each of its major programs in our report
on compliance issued pursuant to OMB Circular A-133.
Audit Administration, Fees, and Other
We may from time to time, and depending on the circumstances, use third-party service
providers in serving your account. We may share confidential information about you with
these service providers, but remain committed to maintaining the confidentiality and security
of your information. Accordingly, we maintain internal policies, procedures, and safeguards
to protect the confidentiality of your personal information. We will remain responsible for
the work provided by any such third-party service providers.
We understand that your employees will prepare all cash, accounts receivable, or other
confirmations we request and will locate any documents selected by us for testing.
You may request that we perform additional services not addressed in this engagement letter.
If this occurs, we will communicate with you regarding the scope of the additional services
and the estimated fees.
In connection with the requirements of OMB Circular A-133, at the conclusion of the
engagement, we will complete the appropriate sections of and sign the Data Collection Form
that summarizes our audit findings. We will provide sprint-ready master of our opnion for
the Comprehensive Annual Financial Report and the Single Audit Report. We will provide
bound copies of the Community Redevelopment Agency report to the City of Santa Ana;
however, it is management's responsibility to submit the reporting package (including
financial statements, schedule of expenditures of federal awards, summary schedule of prior
audit findings, auditors' reports, management letter; and a corrective action plan) along with
the Data Collection Form to the designated federal clearinghouse and; if appropriate, to pass-
through entities. The Data Collection Form and the reporting package must be submitted
within the earlier of 30 days after receipt of the auditors' reports or nine months after the end
of the audit period, unless a longer period is agreed to in advance by the cognizant or
25F-12
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
Apri121, 2008
Page 7
oversight agency for audits. At the conclusion of the engagement, we will provide
information to management as to where the reporting packages should be submitted and the
number to submit.
The audit documentation for this engagement is the property of Macias Gini & O'Connell
LLP. and constitutes confidential information. However, pursuant to authority given by law
or regulation, we may be requested to make certain audit documentation available to Federal
Oversight Agencies or its designee, a federal agency providing direct or indirect funding, or
the U.S. Government Accountability Office for purposes of a quality review of the audit, to
resolve audit findings, or to cazry out oversight responsibilities. We will notify you of any
such request. If requested, access to such audit documentation will be provided under the
supervision of Macias Gini & O'Connell, LLP. personnel. Furthermore, upon request, we
may provide copies of selected audit documentation to the aforementioned parties. These
parties may intend, or decide, to distribute the copies or information contained therein to
others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of seven years
after the report release date or for any additional period requested by the Granting Agency or
required by law or regulation. If we are awaze that a federal awazding agency, pass-through
entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the
audit finding for guidance prior to destroying the audit documentation.
The City and Agency State Controller's Reports will be prepared by us and provided to the
City prior to their applicable due dates.
Our fees for these services will be at the hourly rates listed below plus out-of-pocket costs
(such as word processing, postage, travel, etc.) except that we estimate that our gross fee,
including expenses, will not exceed $132,625 for the fiscal year ending June 30, 2008. This
includes $94,100 as noted in our original contract agreement dated May 5, 2006. -The fee
increase from the original contract is due the implementation of new auditing standazds (SAS
104-111) that require additional consideration and documentation by the auditors plus an
additional $15,000 for us to assist in the prepazation of the trial balance working spreadsheets
and prepaze the City CAFR. Our hourly rates vary according to the degree of responsibility
involved and the experience level of the personnel assigned to your audit. Our invoices for
these fees will be rendered each month as work progresses and are payable on presentation.
The above fees are based on anticipated cooperation from your personnel and the assumption
that unexpected circumstances will not be encountered during the audit. If significant
additional time is necessary, we will discuss it with you and arrive at a new fee estimate
before we incur the additional costs.
25F-13
Ms. Pamela Arends-King
Assistant Director of Finance and Management Services
City of Santa Ana
Apri121, 2008
Page 8
Hourly
Level of Work Performed Rates
Partner $ 162
Manager 119
Senior Accountant 86
Assistant Accountant 76
Clerical 37
We appreciate the opportunity to be of service to the City of Santa Ana and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions,
please let us know. If you agree with the terms of our engagement as described in this letter,
please sign one copy and return it to us.
Very truly yours,
Macias Gini & O'Connell, LLP
~~
Kathryn Beseau, Audit Director
Accepted by City of Santa Ana:
Signature:
Title:
Date:
25F-14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
FUNDING ALLOCATIONS FOR THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM
FISCAL YEAR 2008-2009
~t~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 18' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute
the attached cooperative agreement between the City of Santa Ana and
the Housing Authority of the City of Santa Ana in the amount of
$425,000 for a one-year term for the ongoing administration of the
Tenant-Based Rental Assistance Program, subject to non-substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute
the attached cooperative agreement with the County of Orange Health
Care Agency in the amount of $824,650 for a one-year term to provide
supportive housing services to HIV/AIDS individuals in the County of
Orange, subject to non-substantive changes approved by the City
Manager and City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its Regular Meeting of May 20, 2008, by a vote of 6:0, the Community
Redevelopment and Housing Commission recommended that the City Council:
1. Authorize the City Manager and the Clerk of the Council to execute a
cooperative agreement between the City of Santa Ana and the Housing
Authority of the City of Santa Ana in the amount of $425,000 for a
one-year term for the ongoing administration of the Tenant-Based
Rental Assistance Program, subject to non-substantive changes
approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute a
cooperative agreement with the County of Orange Health Care Agency
in the amount of $824,650 for a one-year term to provide supportive
housing services to HIV/AIDS individuals in the County of Orange,
25G-1
Funding Allocations for HOPWA
June 2, 2008
Page 2
subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Since 1993, the City of Santa Ana has received federal funds through the
U.S. Department of Housing and Urban Development (HUD) for the Housing
Opportunities for Persons with AIDS (HOPWA) Program to be used
countywide. The HOPWA Program is designed to provide resources and
incentives for long-term comprehensive strategies to meet the housing
needs of persons with Acquired Immune Deficiency Syndrome (AIDS). HUD
has allocated $1,402,000 to the City of Santa Ana for the fiscal year
2008-2009.
Eligible activities for the HOPWA Program includes: 1) new construction,
acquisition and rehabilitation of affordable housing; 2) provision of
tenant-based rental assistance; 3) short-term rental and mortgage payment
assistance to prevent homelessness; 4) supportive social services and
housing information services; 5) technical assistance; and 6)
administrative expenses incurred by jurisdictions coordinating local
programs. In allocating grant funds for eligible activities, the City of
Santa Ana is required to consider the service needs of eligible persons
who reside throughout Orange County, and approve funding for projects
which may be located anywhere within the County.
In order to ensure that the limited funds are prioritized, City staff has
worked closely with the Housing Committee of the Orange County HIV
Planning Council, the HIV Planning Council, and agencies throughout the
County of Orange providing services to the HIV/AIDS community. On
February 11, 2008, a strategic planning meeting was held to determine
priorities for the fiscal year 2008-2009 funds. Representatives from the
Orange County Health Care Agency, service providers from throughout the
county, HIV/AIDS infected and affected individuals and City staff
participated in the meeting.
Based on the strategic planning meeting, the 2008-2009 fiscal year
funding recommendations were established. The recommended funding levels
are: 1) $425,000 to continue the Tenant-Based Rental Assistance Program
with the Housing Authority of the City of Santa who will subcontract with
AIDS Services Foundation Orange County to administer the wait list; 2)
$824,650 to the Orange County Health Care Agency for supportive housing
services to individuals throughout Orange County; 3) $42,060 for
administrative costs; and 4) $110,290 is allocated for future residential
development.
25G-2
Funding Allocations for HOPWA
June 2, 2008
Page 2
FISCAL IMPACT
Funds are available in the HOPWA Program account (account no. 405-140-
6931 and 405-148-6931).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. wards Francisco Gutierrez
Assistant irector Executive Director
Community Development Agency Finance & Management Services Agency
NTE/SLB/LF/mlr
060208 HOPWA
25G-3
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
THE SANTA ANA HOUSING AUTHORITY
This Cooperative Agreement entered into this day of July, 2008, which date
is enumerated for purpose of reference only, is by and between the City of Santa Ana
("City") and the Santa Ana Housing Authority ("Project Sponsor'. This Agreement
shall be administered by the City of Santa Ana.
RECITALS:
A. City on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban
Development ("HUD's pursuant to .the Housing Opportunities for Persons With AIDS
("HOPWA'~ Program; and
B. City has entered into a HOPWA grant agreement with HUD; and
C. Project Sponsor has provided leadership- and is responsible for planning and
providing comprehensive HN services for clients throughout Orange County and will
maintain the wait list for. the program; and
D. Project Sponsor will provide services to support the Tenant-Based Rental
Assistance Program which consists of financial eligibility of tenants, HQS inspections,
and financial responsibility for housing assistance payments to landlords; and
E. The parties have cooperatively written and agree to an Administrative Plan
which identifies guidelines for the operation of the HOPWA Tenant-Based Rental
Assistance Program.
NOW, THEREFORE, the parties mutually agree as follows:
I. ALTERATION OF TERMS
A. The parties anticipate that this Agreement may be amended, or followed by additional
agreements, to implement additional services and funding of the type covered by
this Agreement.
B. This Agreement fully expresses all understanding of City and Project Sponsor
with respect to the subject matter of this Agreement, and shall constitute
the total Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement, whether written or verbal, shall be valid
unless made in writing and formally approved and executed by each party.
r
25G-4
II. SERVICES
A. City shall serve as "HOPWA Grantee" for the purpose of contracting with
organizations to provide Tenant-Based Rental Assistance to persons disabled
due to HIV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with the other agencies or contractors within the County, if
deemed necessary and advisable to do so by City; provided however, the
obligations and rights covered by this Agreement shall not be altered or
reduced, except as mutually agreed to in writing by City and Project Sponsor.
C. City shall conduct an ongoing assessment of the Tenant-Based Rental
Assistance Program.
D. Project Sponsor shall assure the adequate provision of. supportive services to
applicants/participants to ensure program success.
E. Project Sponsor shall comply with such other terms and conditions, including
record keeping and reports for. program monitoring and evaluation purposes, as
HUD may establish for purposes of carrying out the program in an effective and
efficient manner. Annual progress reports will be ptepazed by Project Sponsor in
a form consistentwith HUD publications HUD-40110-C (8/94). In addition,
Project Sponsor. shall. forwazd quarterly narrative reports to City identifying
accomplishments as HOPWA Project Sponsor for Tenant-Based Rental
Assistance for persons with HIV disease. These reports are to be submitted in
conjunction with payment/cost reports identified in Section IV of this Agreement
along with a summary of program budgets and fmancial disbursements made
under the terms of this Agreement.
F. "Contract Officers" means the City's Housing Manager or designee and
Project Sponsor's designee.
G. See Attachment I for detailed. services and related cost breakdown.
III. BUDGET
The following budget is an estimate only of the cost of providing the services hereunder
for the term July 1, 2008 through June 30, 2009. This budget may be modified by mutual
written agreement of the Contract Officers.
Administration $ 29,750.00
Housing Assistance Payments/Program Expense $395,250.00
TOTAL (Maximum Obligation) $425,000.00
25dG-5
IV. PAYMENTS/COST REPORT
A. 1) City shall pay Project Sponsor for the actual costs of providing the
administration of services hereunder, whether provided directly by
Project Sponsor, provided, however, the total of all
payments to Project Sponsor shall not exceed the Maximum
Obligation as specified in Section III of the Agreement.
2) City shall draw down HOPWA funds designated for rental subsidy
payments on a monthly basis after receipt of certification of
individual of individual tenant subsidy amounts. After final
approval by City, funds. will be disbursed to landlords.
B. Project Sponsor shall invoice City monthly exclusive of rental subsidy
payments, in arrears, based on the actual cost of providing and contracting for
the services hereunder. City shall payProject Sponsor no later than thirty (30)
days following receipt of such invoice.. Monthly payments aze interim
payments only, and aze subject to final settlement and reconciliation to the
final Cost Report submitted by Project Sponsor. - .
C. All billings by Project Sponsor shall be accompanied by copies of source
documentation including, but not limited to, journals, time sheets, canceled
checks, and records: of cost incurred-by Project Sponsor in the performance of
- this Agreement.
D. At such times and in such a format as.the Contract Officers mutually agree in
writing, Project Sponsor shall prepare and submit to City reports of cost
incurred by Project Sponsor in the performance of this Agreement.
E. The Cost Report(s) -shall be financial and statistical reports(s) submitted by
Project Sponsor to City, and shall serve as the basis for final Settlement of this
Agreement. The Cost Reports(s) shall detail all costs incurred by Project
Sponsor to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by Project
Sponsor to provide services hereunder. If the Cost Report(s) indicates the total
of City's payments to Project Sponsor are less than Project Sponsor's cost to
provide the services hereunder, City shall pay Project Sponsor the difference;
provided, however, the total payment shall not exceed the Maximum
Obligation. If the Cost Report(s) indicates the total of City's payments to
Project Sponsor aze higher than Project Sponsor's cost of providing the
services hereunder, Project Sponsor shall pay City the difference. Payment
due pursuant to the Cost Report(s) shall be made within thirty (30) days of
the Final Settlement determination.
25G-6
G. Any funds not expended by fiscal year end, June 30, 2009 shall be returned to
City. Said unexpended funds shall be reallocated by City through the
HOPWA Program.
V. DISPUTE RESOLUTION
A. Any party may give written notice to the other setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract
Officers on behalf of the parties. The Officers shall have fifteen (15) working days
following such notice to obtain resolution of any issues(s) identified in this manner;
provided, however, by mutual consent: this. period of time maybe extended to thirty
(30) days.
B.
If the OfIcers aze unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the
written notice described above to the Deputy City Manager for Development Services
and to City's Housing.Manager for resolution... If the OfIcers aze unable to prepaze a
joint statement, each shall-submit separate statements to the previously listed within
the thirty (30) day period. Such persons shall meet and make their best effort to
resolve the matter within thirty (30) days following. submission of the statements.
Resolution of the dispute, or~ lack thereof, by the Deputy. City Manager for
Development Services andahe Santa Ana City Managershall be documented in the
form of written correspondence exchanged by.such persons within ten (10) days
following their meeting.
VI. INDEMNIFICATION
Each party agrees to indemnify, defend, and hold harmless the other party, its
ofl7cers, agents and employees from all liability, claims, losses and demands, including
defense costs, whether resulting from court action or otherwise, arising out of the acts or
omissions of the indemnifying party, its ofI•icers, agents or employees or the condition of
property used in the performance of this Agreement.
VII. INSURANCE
With respect to performance of work under this Agreement, Project Sponsor shall
maintain and shall require its subcontractors, if any, to maintain insurance as described
below:
1. Worker's compensation insurance within statutory legal limits, and
2. Commercial General Liability insurance with limits of not less than
$1,000,000 per accident/incident.
Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish
properly executed certificates of insurance and additional insured endorsement to the City
25~-7
which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to
the City; (c) maintain such insurance for the period covered by this Agreement; and (d)
replace such certificates for policies expiring prior to the expiration of this Agreement.
VIII. INSPECTIONS AND AUDITS
A. Any authorized representative of City, the Comptroller General of the United States,
the United States Department of Housing and Urban Development or any of their
authorized representatives, shall have access to City books, documents, records,
which such persons deem pertinent to this Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of
retention set forth in the Records/Co~dentiality paragraph of this Agreement and the
premises in which they are provided.
B. City shall actively participate and cooperate with any persons specified in
subparagraph A above in any. evaluation•or monitoring of the services provided
pursuant to the Agreement, andshall provide the above mentioned persons adequate : .
office space to conduct such evaluation or monitoring.
IX. LICBNSES AND LAW
A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout
the term of this Agreement, maintain all necessary licenses, permits, approvals,
certificates, waivers and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations bf the United States, State of
California, City, and any other applicable governmental agencies.
B. Project Sponsor shall comply with .all laws; rules, or regulations applicable to the
services provided hereunder, as any may now exist or be hereafter changed. These
laws, rules, and regulations shall include, but not limited to the following:
1. United States Code (U.S.C.), title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CPR), Title 24, Part 574, Housing
Opportunities for Persons with AIDS.
3. Office of Management and Budget (OMB) Circular No. A-122, Cost
Principles for nonprofit organizations.
4. OMB Circular No. A-133, Audits of Institutions of Higher Education and
Other Nonprofit Institutions.
2~G-8
IX. NONDISCRIMINATION
A. Employment -Project Sponsor warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the Federal Equal Opportunity Commission and all appropriate state
laws and regulations.
B. Services, Benefits, and Facilities -Project Sponsor.and its contractors, shall not
discriminate in the provision of services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital. status, national origin, age, sexual preference,
medical condition, or physical or mental handicap in accordance with Title VI of the
Civil Rights Act of 1964,42 U.S:C. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, .and as otherwise provided by state law and
regulations, as all may now exist or be~hereafter amended or changed.
C. Disabled Individuals -:Project-Sponsor and its contractors agree to comply with the
provisions of Section 504 of.the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as
implemented in 45 CFR 84:1 et seq.), pertaining to the prohibition of discrimination:. .
against qualified handicapped persons in -all programs or activities, as they exist now - .
or may be hereafter amended together with succeeding legislation.
D. Retaliation Project Sponsor and its employees, agents, or contractors. shall not
intimidate, coerce. or take adverse action against any person for the purpose of
interfering with rights secured by federal or state laws, or because such person has ° .
filed a complaint, certified, assisted or otherwise participated in an investigation,
proceeding, hearing or any other activity undertaken to enforce rights secured by
federal or state law.
X. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
statements authorized or required by this Agreement shall be effective when
written and deposited in the United States mail, first class postage prepaid and
addressed as specified in this Agreement.
B. Termination Notices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, and addressed as specified below.
C. For purposes of this Agreement, any notice to be provided by City maybe given
by Contract Officers.
Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
25~-9
City
City of Santa Ana
Attn: Deputy City Manager for Development Services
20 Civic Center Plaza (M-25)
Santa Ana, CA 92701
Project Sponsor:
Santa Ana Housing Authority
Attn: Linda Foster
20 Civic Center Plaza (M-27)
Santa Ana, CA 92701
XI:.. RECORDS/CONFIDENTIALITY
A. The parties, and any subcontractors, shall prepare and maintain any records required
• by laws, regulations, and.procedures applicable to their responsibilities under this
Agreement.
B. The parties agree to maintain the confidentiality of any records which pertain to this
Agreement in accordance with applicable state. and federal .laws and regulations.
Financial records related.to this Agreement shall be maintained for two (2) years after
• termination of this Agreement:
XIL . SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of
this Agreement contravenes any federal, state or county statute, ordinance, or regulation,
the remaining provisions of this Agreement or the application thereof shall remain valid,
and the remaining provisions of this Agreement shall remain in full force and effect, and
to that extent the provisions. of this Agreement are severable.
XIII. STATUS OF CONTRACTOR
The Housing Authority is, and at all times shall be deemed to be, an independent
contractor and shall be wholly.responsible for the manner in which they perform the
services required by the terms of this Agreement. The Housing Authority is, and at all
times shall be deemed to be, entirely responsible for compensating staff and consultants
employed by the Housing Authority. This Agreement shall not be construed as creating
the relationship of employer and employee, or principal and agent, between City and the
Housing Authority employees, agents, or subcontractors. The Housing Authority
assumes exclusively the responsibility for the acts of its employees, agents or
subcontractors as they relate to the services to be provided during the course and scope of
their employment. The Housing Authority, its agents, employees, or subcontractors, shall
25~-10
not be entitled to any rights or privileges of City employees and shall not be considered in
any manner to be City employees.
XIV. NON-ASSIGNABILITY AND DELEGATION
Project Sponsor shall not assign any rights under this Agreement except
upon written authorization from City.
XV. TERM
The team of this Agreement shall commence July 1, 2008 and terminate June 30,
2009, unless terminated earlier as provided in this Agreement; provided, however, the
Santa Ana Housing Authority shall be obligated to perform such duties as would
normally extend beyond this term, including but not limited to, obligations with respect
to indemnification, audits, reporting and accounting.
• XVI. TERMINATION -
A. Any party may terminate this Agreement, without cause, upon ninety (90) days
written notice given the. other parties.
. B. Any party may terminate this Agreement, upon thirty {30) days written notice given `
the other parties for material breachafter failure to resolve the breach pursuant to the
Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of City and the Housing Authority provided in this
Termination paragraph shall not be exclusive, and are in addition to any other rights
and remedies provided ~by law or under this Agreement.
XVII. THIRD PARTY- BENEFICIARY
No party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVIII. WAVER OF DEFAULT OR BREACH
Waiver of any default the Housing Authority or City shall not be considered
a waiver of any subsequent default. Waiver of any breach by the Housing Authority or
City of any provision of this Agreement shall not be considered a waiver of any
subsequent breach. Waiver of any default of any breach by the Housing Authority or
City shall not be considered a modification of the terms of this Agreement.
25~-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
stated above.
ATTEST: APPROVED AS TO CONTENT:
Patricia E. Healy David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: HOUSING AUTHORITY
Joseph W. Fletcher
City Attorney
~ ~- ~. ~~~~ Stephen G. Harding
By: Lisa E. Storck Executive Director
Assistant City Attorney
25~-12
COOPERATIVE AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
This Cooperative Agreement ("Agreement") is hereby entered into for the term of July 1,
2008 through June 30, 2009, by and between the City of Santa Ana, a charter city and
municipal corporation organized under the Constitution and laws of the State of California
("Cit}~') and the County of Orange ("County").
Recitals•
A. City, on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban Development
(HUD) pursuant to the Housing Opportunities for Persons with AIDS (HOPWA) program;
and
B. City has entered into a HOPWA grant agreement with HUD; and
C. County has provided leadership and is responsible for planning, providing and
contracting for comprehensive HTV services and has prepared, in conjunction with the HIV
Planning Council, Orange County's HTV Plan for providing such services; and
D. City wishes•to contract with County in order that County may obtain
supportive housing services by contract for persons with HTV disease, which services shall be
administered and monitored by County; and
E. County is agreeable to rendering such services on the terms and conditions
hereinafter set forth;
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. COUNTY SERVICES
A. County shall serve as "HOPWA Project Sponsor" for the purpose of
contracting with organizations to provide supportive housing services, to persons with
HTV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with other political subdivisions within the County, if deemed necessary and
advisable to do so by City; provided however, the obligations and rights covered by this
Agreement shall not be altered or reduced, except as mutually agreed to in writing by City
and County.
C. County shall utilize competitive bidding and contracting procedures for
supportive housing services as required in HOPWA program regulations. As HOPWA
Project Sponsor, County's responsibilities and payments cover appropriate monitoring and
administration of contracts resulting from competitive bid.
D. County shall ensure that each agency subcontractor receiving funds through
this Agreement operates in accordance with the requirements of the applicable HUD
regulations for the HOPWA Program and other federal, state and local regulations as
appropriate.
---- __ 25C-13 __
E. County shall conduct an ongoing assessment of the supportive housing
services required by the participants in the program.
F. County shall assure the adequate provision of supportive services to the
participants in the program; and
G. County shall comply with such other terms and conditions, including record
keeping and reports for program monitoring and evaluation purposes, as HUD may establish
for purposes of carrying out the program in an effective and efficient manner. Quarterly and
Annual progress reports will be submitted by County within thirty (30) days after the
quarter/year ends in a form consistent with HUD publication HUD-40110-C (11/97) or any
other form that HUD may require. [See Exhibit A (Quarterly Report} and Exhibit B (Annual
Report) attached hereto and incorporated herein by reference]. These reports shall include
copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement,
copies of contracts between County and service providers,. as well as a summary of program
budgets and financial disbursements made under the terms of this Agreement.
H. "Contract Officers" means the County's Health Care Agency Contract
Development and Management Manager or designee and the City's Housing and
Neighborhood Development Manager.
I. County shall ensure that any County Subgrantee/Subcontractor receiving
funds through this Agreement is informed that it must abide by the same terms and
conditions and responsibilities asset forth in this Agreement for the County to follow.
II. BUDGET•
A. The following budget is an estimate only, of the costs of providing the services
hereunder. This budget maybe modified by mutual written agreement of the Contract
Officers. The maximum obligation hereunder is $824,650.
Supportive Housing Services $766,924
Administration* (see B. below) 57.726
$824,650
B. The Administration costs shall be seven percent (7%) of the actual expended
grant funds.
C. All services and expenditures will be performed by June 30, 2009 and invoiced by
August 15, 2009. Any remaining funds under this Agreement will be de-obligated upon
termination of this Agreement.
III. PAYMENTS/COST REPORT
A. City shall pay County for the actual costs of providing the services hereunder,
whether provided directly by County or its subcontractors, provided, however, the total of all
payments to County shall not exceed the Maximum Obligation as specified hereinabove.
B. County shall invoice City monthly, in arrears, based on the actual cost of providing
and contracting for the services hereunder. County shall submit each invoice within thirty
(30) days after the end of each month- City shall pay County no later than thirty (30) days
2~f~
following receipt of such invoice and complete documentation of services performed, cost
and number of persons served, and Monthly Invoice Summary (See Exhibit C attached hereto
and incorporated herein by reference). Final invoice must be submitted by August 15, 2009.
C. All invoices submitted by County shall be accompanied by source documentation
including, but not limited to, journals, time sheets, canceled checks, invoices and records of
services provided.
D. At such times and in such a format as the Contract Officers mutually agree in writing,
County shall prepare and submit to City report(s) of administrative costs incurred by County
in the performance of this Agreement.
E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to
City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s)
shall detail all costs incurred by County to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by County to provide
services hereunder. If the Cost Report(s) indicates the total of City's payments to County aze
less than County's cost to provide the services hereunder, City shall pay County the
difference; provided, however, the total payment shall not exceed the Maximum Obligation.
Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final
Settlement determination.
IV. DISPUTE RESOLUTION
A. Either party may give written notice to the other, setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract Officers
on behalf of the parries. The Officers shall have fifteen (15) working days following such
notice to obtain resolution of any issue(s) identified in this manner, provided, however, by
mutual consent this period of time maybe extended to thirty (30) days.
B. If the Officers aze unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the written
notice described above to the Orange County Health Caze Agency (HCA) Director and to the
Executive Director of the Community Development Agency (CDA) or designee for
resolution. If the Officers are unable to prepare a joint statement, each shall submit separate
statements to the HCA Director and Executive Director of City's Community Development
Agency within the thirty (30) day period. Such persons shall meet and make their best effort
to resolve the matter within thirty (30) days following submission of the statements.
Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or
designee shall be documented in the form of written correspondence exchanged by such
persons within ten (10) days following their meeting.
25G~-15
V. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents,
and employees from all liability, claims, losses and demands, including defense costs,
whether resulting from court action or otherwise, arising out of the acts or omissions of the
indemnifying party, its officers, agents or employees or the condition of property used in the
performance of this Agreement.
VI. INSPECTIONS AND AUDITS
A. Any authorized representative of City, any authorized representative of the State of
California, the Secretary of the United States Department of Health and Human Services, the
Comptroller General of the United States Department of Housing and Urban Development or
any of their authorized representatives, shall have access to County books, documents, and
records, which such persons deem pertinent to the Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of retention set
forth in the Records/Confidentialityparagmph of this Agreement and the premises in which
they are provided.
B. County shall actively participate and cooperate with any person specified in
subparagraph A. above in any evaluation or monitoring of the services provided pursuant to
this Agreement, and shall provide the above mentioned persons adequate office space•to '
conduct such evaluation or monitoring.
VII. LICENSES AND LAW
A. County, its officers, agents, employees, and subcontractors shall, throughout the term
of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers
and exemptions necessary for the provision of the services hereunder and required by the
laws and regulations of the United States Department of Health and Human Services, State of
California, County and any other applicable governmental agencies.
B. County shall comply with all laws, rules or regulations applicable to the services
provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and
regulations shall include, but not be limited to the following:
1. United States Code (U.S.C.A.), Title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities
for Persons with AIDS.
3. CFR Title 24, Part 85, Common Rule to the Community Development Block
Grant Entitlement Program.
4. Office of Management and Budget (OMB) Circular No. A-87, Cost Principles
for State and Local Governments.
5. OMB Circular No. A-128, Single Audit Act of 1984.
25G4-16 --
VIII. NONDISCRIMINATION
A. EMPLOYMENT -County warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the United States Equal Opportunity Commission and all appropriate state and
federal laws and regulations.
B. SERVICES, BENEFITS, AND FACILITIES -Neither County, nor any of its
contractors, shall discriminate in the provision or services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual
preference, medical condition, or physical or mental handicap in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided by State law and..
regulations, as all may now exist or be hereafter amended or changed.
C. DISABLED INDIVIDUALS -County and its contractors shall agree to comply with
the provisions of Section 504 of the Rehabilitation Act of 1973.(29 U.S.C.A 794 et seq:,; as
implemented in 45 CFR 84:1 et seq.), and the Americans•with Disabilities Act of 1990 X42
U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified
disabled persons in all programs or activities, as they exist now or may be hereafter amended
together with succeeding legislation.
D. RETALIATION -Neither County, nor its employees, agents, or contractors shall
intimidate, coerce or take adverse action against any person for the purpose of interfering
with rights secured by Federal or State laws,. or because such person has filed a complaint,
certified; assisted or otherwise participated in an investigation, proceeding, hearing or any
other activity undertaken to enforce rights secured by Federal or State law.
IX. NOTICES
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-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
5
25-G--a ~--
With courtesy copies to:
City of Santa Ana
Linda Foster, HOPWA Coordinator
20 Civic Center Plaza (M-27)
Santa Ana, California 92702-1988
To County: County of Orange
Health Care Agency
Contract Development and Management
405 West 5~' Street, 6`~ Floor
Santa Ana, CA 92701
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, any notice, tender, demand, delivery, or other
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, any notice, tender, demand, .
delivery, or other communication shall be effective or deemed to have been given twenty- - .
four (24) hours after the time set forth on the transmission report issued bythe h ansmitting
facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state; County or City holidays shall be excluded.
X. RECORDS/CONFIDENTIALITY
a. The parties, and any subcontractors, shall prepare and maintain any records
required by laws, regulations and procedures applicable to their responsibilities under this
Agreement.
b. The parties agree to maintain the confidentiality of any records which pertain to
this Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for two (2) years after
termination of this Agreement.
c. "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.
XI. JURISDICTION/VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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
25G¢-18
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.
XII. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of this
Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the
remaining provisions of this Agreement or the application thereof shall remain valid,' and the
remaining provisions of this Agreement shall remain in full force and effect, and to that
extent the provisions of this Agreement are severable.
XIII. INDEPENDENT CONTRACTOR
County is, and shall at all times be deemed to be, an independent contractor and shall
be wholly responsible for the manner in which it performs the services required of it by the
terms of this Agreement. County is entirely responsible for compensating staff and
consultants employed by County. This Agreement shall not be construed as creating the
relationship of employer and employee, or principal and agent, between County and City or
any of County's employees, agents; or subcontractors, or principal and agent, between
County and City or any of County's employees,. County assumes exclusively the
responsibility for the acts of its employees, agents or subcontractors as they relate to the
services to be provided during the course and scope of their employment. County, its agents,
employees, or subcontractors, shall not be entitled to any rights or privileges of City
employees and shall not be considered in any manner to be City employees.
XIV. TERM
The term of this Agreement shall commence and terminate as specified herein, unless
otherwise sooner terminated as provided in this Agreement; provided, however, County shall
be obligated to perform such duties as would normally extend beyond this term, including
but not limited to, obligations with respect to indemnification, audits, reporting and
accounting.
XV. TERMINATION
A. Either party may terminate this Agreement, without cause, upon ninety (90)
days written notice given the other party.
B. Either party may terminate this Agreement, upon thirty (30) days written
notice given the other party for material breach after failure to resolve the breach pursuant to
the Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of County or City provided in this Termination
25G~-19
paragraph shall not be exclusive, and are in addition to any other rights and remedies
provided by law or under this Agreement.
XVI. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVII. WAIVER OF DEFAULT OR BREACH
Waiver of any default by County or City shall not be considered a waiver of any
subsequent default. Waiver of any breach of County or City of any provision of this
Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default
or any breach by County or City shall not be considered a modification of the terms of this
Agreement.
XVIII. 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.
Zs~ za
. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of
Orange, State of California, on the date and year first above written.
ATTEST: ~ CITY OF SANTA ANA:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
Lisa E. Storck
Assistant City Attorney
COUNTY OF ORANGE
DAVID N. REAM
City Manager
BY: ~ .
CHAIRMAN OF THE BOARD OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CI;[~~IRMAN OF THE BOARD.
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
DEPUTY
- 25L~-21
E}:HIBIT A
HOUSING OPPORTUNITY FOR PEOPLE WITH AIDS
ACCOMPLISHMENT REPORT
HOPWA Recipient Name:
HOPWA Funded Activity:
Location of Activity:
1. Select the one category that best describes service provided with HOPWA Funds:
^ Facility Based Housing: (e.g., Construction, Rehab) ..............Submit Report Form A 8~ Supplemental
^ Facility Based Non-Housing .................................................. Submit Report Form B 8 Supplemental
^ Scattered Site Only: (e.g., Tenant Based Rental Assistance) ..Submit Report Form C ~ Supplemental
^ Housing Infon»ation/Resource ID1Admin ..............................Submit Report Form D
^ Supportive Services Only .....................:................................ Submit Report Form E
2. Check Box Indicating Report Period:
^ 15~ Quarter
^ Z"d Quarter
^ 3'd Quarter
^ 4ei Quarter
(711- 9130)
(10/1-12/31)
(111- 3131)
(M1-6/30)
3. Amount of HOPWA Expended During This Report Period: $
4. Number of Unduplicated Persons Assisted During the Report Period:
' Must aqua! Total NurnberotPersonsReceivaw AssFstarxe'isled h Repart Farm
5. Number of Units Completed During the Report Period (dappJ;caWe):
Far cbnshuc~Lion p-ojects any
I certify that the information within this quarterly report is true and correct.
Name:
Signature:
Telephone No:
Title:
Date-
Fax No: email:
2~5~'-22
EXHIBIT A
REPORT FORM A
FACILITY BASED HOUSING
(Housing Acquisition, Construction or Rehab)
FACILrrY NAME:
FACSUTY TYPE:
NUMBER OF llNfrS BY F%-CU.ITY TYPE
SRO 0 Bdrm 1 Bdrsas 2 Bdrms 3 Bdrrris 4 Bdrms 5+-Bdrrns
Date of Closing/tease Execut'an:
Date Construction/Rehab Started:
Completed:
Date Operations Staff Hired:
Date Residents Began to Occupy: -
HOPWA EXPENDITURES ~ doNars) - -- - "
Acquisitions: s -
Rehab,IConversiors/Repair: ;
tease: - ;
New Constn.sction: t
operating costs: - ;
Technical Assistance: S
Rental Assistance: S
Other: >F
Other. S
70TAL:
is the site owned by a pubik entity? QYes
Is this activity "substantial" rehab? QYes
AvaitaWe HOPWA Funds
- Allocated HOPWA Funds:
Allocated HOP'WA Program Income:
Total HOPWA funds for Project:
, Total HOPWA Expended to date:
Balance HOPWA Funds to date:
^No
^No
S
+;
=S
-;
.t -
Source of Non-HOPWA Funds Expended To Date - Total Available
3 ~
~ ~
S S
Total Non-HOPWA Funds: s ~
Ftt7PWA Report Form A
~ ~/t~/oa
EXHIBi7 A
REPORT FORM B
FACILITY-BASED NON-HOUSING
(Property Acquisition. Construction or Rehab)
Activity Name:
Facility Type: _
Date of ClosinglLease Execution:
Date ConstructionlRehab Started:
Date Construciion/Rehab Completed:
Date Operations Staff Hired:
Date Support Services Started:
HOPWA Site Expenditures (tn dollars)
Acquisition:
Rehab/ConversionlRepair:
Lease:
Operating Costs:
other:
other: --
TOTAL:
is the site owned by a public entity?
Is this activity "substantial" rehab?
~~ ^~
QYes QNo
. ,.
S
S
S
S
S
AvaNable HOPWA Funds
Allocated HOPWA Funds:
Allocated HOPWA Proc~am Irxome:
Total HOPWA funds for Project:
Total HOPWA Expended to date:
Balance HOPWA Funds to date:
Source Of Non-HOPWA Funds
Total Non-HOPWA Funds:
+~
_~
-S
=S
Total Available
S
S
~,
S
Expended To Date
S_
~_
NOf1lt-A P.z-~ori form 6 ~~~~~~ 1111~I04
EXHIBIT A
- REPORT FORM C
SCATTERED SITE HOUSING ACTIVITY '
(Tenant Based Rental Assistance, Emergency Housing/Ublity Assistance)
Activity Name:
Activity Location: ~ Date Payments Began:
Number of Un'rts Assisted by Payment Tyne
SRO 0 Bdrm i Bdrm 2 Bdrms 3 Bdrms 4 Bdrms . 5+ Bdrms
Tenant-Based Rent
Rent, Mortgage, Ut~7iGes
Expenditures By Type: Tenant-Based Rent: Rent, Mortgage, Utilities: ~
Total Families Assisted with Housing Assistance:
Program Departure Counts
Number of Months <3 3-6 7-12 >12
Voluntary:
Nonpayment of rent:
Supportive Service noncompliance:
t.hrknoMm:
Crirnirral:
Death:
Other
HOPWA EXPENDITURES th doNars) .
Allocated HOPWA Funds:
. Allocated HOPWA Program Income:
Total HOPWA funds for Project:
Total HOPWA Expended io date:
Balance HOPWA Funds to date:
Source of Non-HOPWA Funds
Total Non-HOPWA Funds:
HOPWA~~~~ C
S
+;
=3
-;
_~
Total Available Expended To Date
S ~ S
S
S
S
S
S
2~0~ 7 ~ ~ 11/12/Q4
E}:HiBIT A
REPORT FORM D
(Housing Info, Resource ID, Adm~)
Actn+ity Name:
Activity locatwn:
Total Famrly Unds Assisted With Housing Assistance: .
Estimated Persons Receiving Flouring Irtfomnation:
HOPWA EXPENDITURE DETAlL
Enter the' amount of HOPWA expended during the reporYperiod for one or more of the activities Nsted below:
Housing Information Services: S
Resource ID: . S ... .. .
Sub-Grantee Adma~istrative Costs: S
Grantee (City of SA) Administrative Costs: S
Total HOPWA Expenditures: ~ ~
HOPWA EXPENDITURES (in dollars)
Allocated FiOPWA Funds:
Allocated HOPWA Program Income:
Total HOP'WA funds for Project;
Total HOPWA Expended to date:
Balance HOPWA Funds to date:
Source of Non-HOPWA Funds
Total Non-HOPWA Funds:
S
+;
=S
-S
_~
Total Available Expended To Date
S ;
S ;
S ~
S ;
FlOPWA Report Four D ~~~? ~ ~ 11112104
E};HIBIT A
REPORT FORM E
SUPPORTIVE SERVICES ONLY
Activity Name:
Activity Location:
Persons tN'rth HIV/AIDS
Other Persons in Family Unit
.Total
Receiving Supportive Svcs
w/ Housing Assistance
Supportive Services
1. Outreach
2. Case Management/ Advocacy/Access io Benefits Svcs
3. Life Management (outside of Case Management
4. Nutritional Services/Meals
5. Adult Daycare and Personal Assistance
t% Chid Care and other Ch~dren's Services
7. Education
8. Empbyment Assistance
9. Akolwl and Drub Abuse Services
10. Mental Health Services
11. HeatthMledicaVlntensive Care Services
12. Permanent Housing Placement
i3. Emergency Housing
14. Transitions! Shelter
15. Other
TOTAL
^ Number of Jobs that Result from # 7 8 8
HOPWA EXPENDITURES (in doNars)
Allocated HOPWA Funds:
Allocated HOPWA Program Income:
Total HOPWA funds for Project:
Total HOPWA Expended to date:
Balance HOPWA Funds to date:
Source of Non-HOPWA Funds
Total Non-HOPWA Funds
HOP'WA Report FoRn E
Expended To Date
3
11/12>'09
Receiving Supportive Svcs
Expended ~ of Persons Served
~ -
S
S
S
S~
s
S
S
S
S
S
S
S
S
+;
=S
-S
=S
Total Available
~_ _ -
S
25G-27
sofa
EXHIBIT A
~PWA SUPPLEMEfVTAL FG..~..
' DEMOGRAPHICS -
Persons Serviced Receiving Housing Assistance
Number of Persons with HIVIAIDS
Number of Other Persons in Family Unit
TOTAL
Total Families Assisted with Housing Assistance:
Age 8 Gender Under 18 - 18-30 31-50 Over 50 Total
Male: `•
Female: - -
Total:
Income Group of Individuals and Family tlnits~per Month
;0-5250 S251-;500 ;5001-;1000 ;1001-;1500 .51501-;2000 Over;2000
RacelEtfinicity No. Total ~ No. Hispanic
White: -
Black/African American:
Asian: -
American IndiaNAlaskan Native: - -
Native HawaaaNOther Pacific Islander. -
American IndiaNAlaskan Native 8 White: - -
Asian & White:
Black/African American 8 White:
Am. Indian/Alaskan Nature 8 Black/African Am.:
Other Mufti--Racial:
Total:
Recent Living Situation Count:
Homeless/Streets: -
Transitional Housing: -
Emergency Shetter_
Psychiatric Facility.
Substance Abuse Treatment:
HospitaUMedical: -
JaiUPrison:
Domestic Violence:
Living w/ Relative/Friend:
Rental Housing:
Participant-owned Housing:
Other:
S11PP{_EMFh'TAL 2 ~ ~ ~ 8
~xzBir s
»nzroa
HOPWASOB-GRANTEE
YEAR END ACCOMPLISHMENT REPORT
HOPWASob-grantee: Fiscal YearlReport Period:
HOPWA Funded Activity Name:
7. Amount of Funds Allocated: $
2. Amount of resources used in conjunction with HOPWA funded activities:
Cash: $ In-Kind Contributions:
3. ~ Describe activities/funding carried out in collaboration with related programslresources:
a. Ryan White CARE Act: $ Activities:
b. AIDS Drugs Assistance Amount: $
Amount of Funds Expended:. $
_ Activities:
c. Continuum of Care Homeless Assistance Amount: $
Activities:
d. Other efforts to assist Persons with HIV/AIDS and their Families:
4. Compare annual planned versus actual accomplishments for this report period:
Type of Units Planned Actual
Rental Assistance
Short Term Emergency Housing Payments
Units in Facilities supported with Operating Costs
Units in Facilities being Developed with Capital Cost but
Not yet Open
Subtotal
Deduction for Units Reported in More than One Category
Total
tfOPWA YEAP, E~~~Ml~IS'FIMENTS REPORT
Page ~ of ~
EXHIBIT B
11!12104
5, Project Accomplishments (attach additional pages if necessary):
Summarize Housing Activities:
Unique Supportive Service or other Services Delivery Models or Efforts:
Other Accomplishments:
6. Barriers or Trends Overview (attach additi«~al pages fn necessary):
Barriers Encountered:
Trends in Meeting Needs:
7. ~ Sub-Recipient Overview, if applicable (attach addGtional pages dnecessary)
Describe how sub-recipients were chosen:
Describe your sub-recipient monitoring methods:
Provide asummary ofsub-recipient performance:
1 certify that the information in this year-end report is true and correct.
Signature:
Name:
Telephone Number_
Date:
Title:
Email:
HOPWA YEAR ENL~1~i~NTS REPORT
EXHIBIT C
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25G-31
25G-32
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
FEDERAL EMPOWERMENT ZONE
DAISY WHEEL NETWORK PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1" 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 amendment to the agreement with the Santa Ana Empowerment
Corporation in the amount of $637,000 for a one-year term, subject to
non-substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the
attached agreement with the Mexican American Opportunity Foundation
in the amount of $81,630 for a one-year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
3. Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Templo Calvario, Community Development
Corporation in the amount of $81,000 for a one-year term, subject to
non-substantive changes approved by the City Manager and City
Attorney.
4. Authorize the City Manager and Clerk of the Council to execute the
attached agreement with The Cambodian Family in the amount of $85,590
for a one-year term, subject to non-substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
In May 2002, the Santa Ana Empowerment Corporation Board approved a
business plan that identified three specific goals and objectives that
they wished to see achieved. One of the three goals concerned job
development, training, and job placement for Empowerment Zone residents.
In 2003 the Board sent out a Request for Proposal to over 50 entities
25H-1
FEZ Daisy Wheel Network Program
June 2, 2008
Page 2
for the development and implementation of a Daisy Wheel component. The
Daisy Wheel is comprised of four partners that provide employment
services to Federal Empowerment Zone residents, such as employment
listings, career advisement, training services, job search assistance,
non-subsidized employment, retention services, skill upgrades, plus many
others. The Santa Ana W/0/R/K Center was awarded the contract. In the
past five years, the W/0/R/K Center developed and implemented a job
training and placement program in conjunction with three partners.
On March 26, 2008, the Santa Ana Empowerment Corporation Board awarded a
contract for a sixth year to the Santa Ana W/0/R/K Center in an amount
of $637,000. The agreement is to fund Phase VI of the Federal
Empowerment Zone Daisy Wheel Network that will service 520 residents
living within the Empowerment Zone. The Mexican American Opportunity
Foundation, Templo Calvario, The Cambodian Family, and the W/0/R/K
Center will continue to provide vocational/occupational training,
employment strategies, education, and supportive services for the
participants as partners of the Daisy Wheel Network. The Daisy Wheel
Network will continue to provide vocational/occupational training,
employment strategies, education, and supportive services for the
participants.
The Santa Ana W/0/R/K Center will receive $388,780 to provide oversight
of the Daisy Wheel Network, cover administrative and operational costs,
and provide direct services to 250 Empowerment Zone participants. The
three ongoing partner contracts listed above will total $248,220 for
July 1, 2008, to June 30, 2009, for a total amount of $637,000.
FISCAL IMPACT
Funds are available in the FEZ
(account no. 129-035-various).
Nancy T. dwards
Assistant Director
Community Development Agency
Daisy Wheel Network Program account
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ~~
Executive Director
Finance & Management Service Agency
NTE/BG/mlr
060208 FEZ Daisywheel (2) RFCA
25H-2
SIXTH AMENDMENT TO AGREEMENT
BETWEEN THE SANTA ANA EMPOWERMENT CORPORATION
AND THE SANTA ANA W/O/R/K CENTER
FOR USE OF EMPOWERMENT ZONE FUNDS
THIS SIXTH AMENDMENT TO AGREEMENT ("Amendment") is entered into
this lst day of July 2008, by and between the Santa Ana Empowerment Corporation, a
California non-profit public benefit corporation ("SAEC") and the City of Santa Ana, a
charter city and municipal corporation of the State of California, on behalf of the Santa
Ana W/O/R/K Center ("Subrecipient").
Recitals:
A. The parties entered into an Agreement dated July 1, 2003, (hereinafter "said
Agreement") by which SAEC granted to Subrecipient, Empowerment Zone ("FEZ")
funds in the amount of $930,000.00, granted to SAEC from the United States
Department of Housing and Urban Development.
B. On Apri15, 2004, the parties entered into a first amendment to said Agreement, which
added $12,000 in first year funds to the Subrecipient for marketing and outreach
efforts.
C. On or about June 23, 2004, the parties entered into a second amendment of said
Agreement, which increased funding by $980,000.00 to provide for a second year of
programs.
D. On or about July 18, 2005, the parties entered into a third amendment of said
Agreement, which increased funding by $980,000.00 to provide for a third year of
programs.
E. On or about January 2006, the parties entered into a fourth amendment of said
Agreement, which increased funding by $980,000.00 to provide for a fourth year of
programs.
F. On or about May 2007, the parties entered into a fifth amendment of said Agreement,
which decreased funding by $637,000 to provide for a fifth year of programs.
G. The parties now wish to provide for a sixth year of programs (2008-2009), as
specified in greater detail in Exhibit B to this Amendment, in an amount not to exceed
$637,000.
Wherefore, in consideration of the covenants contained in said Agreement, and subject
to all the terms and conditions of said Agreement, as previously amended, except those
amended in this Fourth Amendment to Agreement, the parties agree as follows:
25H-3
Section I. A., SUBRECIPIENT'S OBLIGATIONS, shall be deleted in its entirety and
amended to add a new subparagraph A.3. which shall read as follows:
"Subrecipient agrees to use all federal funds provided by SAEC during the 2008-
2009 fiscal year, in conformance with the Service Navigator Segment Work plan,
"Scope of Work," and "Budget Form," all of which attached as Exhibit B hereto,
to decrease the funds available to Subrecipient for carrying out the program for a
maximum aggregate payment of Six Hundred and Thirty-Seven Thousand Dollars
($637,000.00) during fiscal year 2008-2009."
2. Section II, SAEC'S OBLIGATIONS, shall be deleted in its entirety and amended to
read as follows:
"Upon execution of this Agreement by SUBRECIPIENT, SAEC shall pay
to SUBRECIPIENT from FEZ funds, when, is and to the extent received
from HUD, for SAEC's 2007-2008 FEZ program year amounts expended
by SUBRECIPIENT in carrying out said program fro fiscal year 2008-
2009 pursuant to this agreement up to a maximum aggregate payment of
Six Hundred and Thirty-Seven Thousand Dollars ($637,000.00) in
installments determined by the SAEC. Payments shall be made to
SUBRECIPIENT through the submission of periodic invoices, in a form
prescribed by SAEC, detailing such expenses. SAEC shall pay such
invoices within thirty (30) days after receipt thereof provided SAEC is
satisfied that such expenses have been incurred within the scope of this
Agreement and that SUBRECIPIENT is in compliance with the terms and
conditions of this Agreement."
3. Section I. E. paragraph three (3) is amended to extend the termination date of said
Agreement from June 30, 2008, to June 30, 2009.
4. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Agreement on the date and year first written above.
ATTEST:
PATRICIA E. HEALY
Secretary
SANTA ANA EMPOWERMENT
CORPORATION
STEPHEN G. HARDING
Executive Director
25H-4
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
General Counsel
sy:
Lisa Storck
Assistant City Attorney
ATTEST:
SUBRECIPIENT
PATRICIA E. HEALY DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Lisa Storck
Assistant City Attorney
25H-5
Federal Empowerment Zone
Service Navigator
Phase VI
SCOPE OF WORK
2008 - 2009
The Service Navigator (Santa Ana WORK Center), under Phase VI of the Daisy
Wheel Network Program will be responsible for delivering the following:
1. 520 new FEZ residents will be served and provided with initial eligibility
assessment, case management, job development, access to workforce
workshops, in addition to services mentioned below in #2 and #3.
• adults, or
• youth (ages 16-18)*
2. 30% (156) of the 520 residents served will be placed in unsubsidized jobs
3. 50% (260) of the 520 residents served will be provided with Additional
Services (any other service not mentioned above, such as legal/medical/
translation services, etc.)
* In addition to the above services, outcome measures for youth would be:
1. During the school, youth would be required to work 10 hrs/wk PLUS
full-time classroom instruction;
2. During the summer, there would be two outcome options: 1) work 20
hrs/wk plus part-time classroom instruction; or 2) work 40 hrs/wk;
3. Year-round, youth will be expected to stay in school; participate in career
preparation workshops, character development, job search, resume
workshops, interviewing techniques, credit counseling & money
management, financial aid assistance info, and/or life skills workshops;
attend college or higher ed. informational workshops, scholarship
information sessions, plus other workshops.
Exhibit B
25H-6
AGREEMENT BETWEEN
THE CITY OF SANTA ANA
AND
MEXICAN AMERICAN OPPORTUNITY FOUNDATION
FOR USE OF EMPOWERMENT ZONE FUNDS
This Agreement, made and entered into this 1St day of July, 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 Mexican American
Opportunity Foundation ("CONTRACTOR").
WITNESSETH
Recitals:
1. The City of Santa Ana, through the Santa Ana Empowerment
Corporation ("SAEC"), is the recipient of Federal Empowerment Zone
("FEZ") funds from the United States Department of Housing and Urban
Development ("HUD").
2. CITY desires to engage CONTRACTOR to provide the services at
the cost set forth in Exhibit A and for the services set forth Exhibit B,
hereinafter referred to as "said program" and CONTRACTOR represents
that it is qualified and willing to operate said program.
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. CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to use all federal funds provided by CITY to
CONTRACTOR pursuant to this Agreement to operate said program, as set
forth in "Exhibit B," attached hereto and by this reference incorporated
herein. CONTRACTOR'S failure to perform as required may, in addition to
other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to CONTRACTOR
under Paragraph II hereof.
B. CONTRACTOR agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing
operation of its program. CONTRACTOR shall ensure that its staff shall also
obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing CONTRACTOR operations
hereunder.
Page 1 of 14
25H-7
C. CONTRACTOR agrees that any facility/property used in furtherance
of said program shall be specifically zoned and permitted for such use(s)
and activity(ies). Should CONTRACTOR fail to have the required land
entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, CONTRACTOR shall immediately make good-
faith efforts to gain compliance with local, state or federal rules and
regulations following written notification of said violation(s) from the CITY or
other authorized citing agency. CONTRACTOR shall notify CITY
immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of
grant funding hereunder. CONTRACTOR must make all corrections
required to bring the facility/property into compliance with the law within sixty
(60) days of notification of the violation(s); failure to gain compliance within
such time shall result in termination of grant funding hereunder.
D. All funds received by CONTRACTOR from CITY pursuant to this
Agreement shall be separately accounted for apart from any other funds of
CONTRACTOR, or of any principal or member of CONTRACTOR.
CONTRACTOR agrees that if CONTRACTOR receives $500,000 or more in
any Federal funds, CONTRACTOR shall have an annual audit conducted by
a certified public accountant in accordance with the standards as set forth
and published by the United States Office of Management and Budget
Circular A-133. CONTRACTOR shall provide CITY with a copy of said audit
30 days after receipt of the auditor's report(s), or nine months after the end
of the audit period following the program year in which this Agreement is
executed.
E. CONTRACTOR shall keep records of all funds received from CITY
under the terms and conditions of this Agreement in accordance with the
procedures set forth in the "Agreement Accounting and Administrative
Handbook", a copy of which shall be provided to CONTRACTOR by CITY.
CONTRACTOR agrees to keep monthly records of all ethnic and racial
statistics of persons and families benefited by CONTRACTOR in the
performance of its obligations under this Agreement, including, but not
limited to, the number of low and moderate income persons and households
assisted in accordance with federal income limits, number of female heads
of households, and number of senior citizens assisted.
CONTRACTOR agrees to provide CITY with written cumulative (year-to-
date) reports of its activities on or before the 15th day of July, October,
January and April for the period beginning October 1, 2008 and through and
including the previous three-month reporting period setting forth the
activities, program accomplishments, new program information and year-to-
date program statistics on expenditures, caseload and activities. When
appropriate, pictures should be included. This Agreement shall terminate on
June 30, 2009, unless extended by mutual consent of the parties. Any
Page 2 of 14
25H-8
extension shall be in writing, and executed by the Deputy City Manager for
Development Services and the City Attorney on behalf of CITY.
CITY, SAEC and the United States Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining
CONTRACTOR's activities and performance, to books, documents and
papers, and the right to examine records of CONTRACTOR's
subcontractors, bookkeepers and accountants, employees and participants
in regard to said program. CITY, SAEC and the United States Government
and/or their representatives shall also schedule on-site monitoring at their
discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any
premises or any site in which any of the services or activities funded
hereunder are conducted or in which any of the records of CONTRACTOR
are 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 the location where said records
and books of account are maintained.
F. 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 program, as
well as in the Orange County, California, for the duration of the Agreement
and thereafter for five (5) 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 or any other governmental agency takes
exception, shall be retained beyond the five (5) years until resolution or
disposition of such appeals, litigation, claims, or exceptions.
G. CONTRACTOR agrees to comply fully with all federal, state and local
laws and court orders applicable to its operation whether or not referred to in
this Agreement. CONTRACTOR agrees that it has read, understood and
shall adhere to the legal obligations referred in Exhibit C.
H. CONTRACTOR shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue
Service. Any change in the corporate status or suspension of
CONTRACTOR shall be reported immediately to CITY.
I. Subreceipient acknowledges and warrants that it shall at all times
comply with the laws, regulations and policies governing the use of FEZ
funds, including but not limited to, the limitations on use of FEZ funds set
Page 3 of 14
25H-9
forth in P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register,
April 16, 1998.
J. Without prejudice to any other provisions 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. However, CONTRACTOR shall
submit to CITY, SAEC and or HUD or its representatives, all records
requested, including audit, examinations, monitoring and verifications of
reports submitted by CONTRACTOR, costs incurred and services rendered
hereunder.
K. CONTRACTOR agrees that the performance of obligations
hereunder are rendered in its capacity as an independent contractor and
that it is in noway an agency of CITY.
L. CONTRACTOR agrees that if CONTRACTOR violates any of the
terms and conditions of this Agreement or any prior Agreement whereby
FEZ funds were received by CONTRACTOR, or if CONTRACTOR reports
inaccurately, or if on audit there is a disallowance of certain expenditures,
CONTRACTOR agrees to remedy the acts or omissions causing the
disallowance or repay CITY all amounts spent in violation thereof.
M. CONTRACTOR agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement.
Said record shall be made available to CITY upon request. The term "non-
expendable personal property" shall include leased and purchased
equipment.
N. CONTRACTOR hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts.
O. CONTRACTOR certifies 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 cooperative agreement.
CONTRACTOR shall sign a certification to that effect in a form as set forth in
"Exhibit D," 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.
Page 4 of 14
25H-10
If any funds other than Federal appropriated funds have been paid or will be
paid to any 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 a "Disclosure Form to Report Lobbying," in
accordance with its instructions.
P. CONTRACTOR agrees that except for the use of FEZ funds to pay
salaries and other related administrative or personnel costs, no persons who
exercise or have exercised any function with respect to FEZ activities
assisted under the terms of this Agreement, or who are in a position to
participate in adecision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a
FEZ-assisted activity of CONTRACTOR, either for themselves or those with
whom they have family or business ties, during their tenure or for one year
thereafter. This prohibition applies to any person who is an employee,
agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agencies, or the CONTRACTOR.
Q. CONTRACTOR acknowledges and warrants that prior to having any
contractor perform work paid for by FEZ funds, that it shall be responsible
(i) for providing such contractor with a copy of this Agreement, and (ii)
ensuring that any such contractor executes and provides to the Executive
Director of the Community Development Agency a letter in substantially
the form of Exhibit E hereto, agreeing to be bound by the terms of this
Agreement.
R. CONTRACTOR acknowledges and warrants that during the term of this
Agreement it shall to the maximum extent feasible collaborate with other
CONTRACTORS to ensure that duplication of services is avoided. Such
collaboration shall include, but not be limited to, regular attendance (i.e.,
an attendance record exceeding 50%) and active participation in the
appropriate committee or committees established pursuant to the
Strategic Plan.
S. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit F" attached hereto and incorporated
herein by this reference.
T. CONTRACTOR shall comply with the general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
II. CITY'S OBLIGATIONS
Upon execution of this Agreement by CONTRACTOR, CITY shall pay to
CONTRACTOR from FEZ funds, when, if and to the extent received from HUD, for
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CITY's 2008-09 FEZ program year amounts expended by CONTRACTOR in
carrying out said program for fiscal year 2008-09 pursuant to this Agreement up to
a maximum aggregate payment of Eighty One Thousand Six Hundred Thirty
Dollars ($81,630) for CONTRACTOR'S performance in accordance with the
payment schedule attached hereto as "Exhibit A". Payments shall be made to
CONTRACTOR through the submission of periodic invoices, in a form prescribed
by CITY, detailing such expenses. CONTRACTOR agrees to submit the above-
stated document to the FEZ Navigator Office, 1000 E. Santa Ana Blvd., Suite 200,
Santa Ana, CA 92701. CITY shall pay such invoices within thirty (30) days after
receipt thereof provided CITY is satisfied that such expenses have been incurred
within the scope of this Agreement and that CONTRACTOR is in compliance with
the terms and conditions of this Agreement.
CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of
performance by CONTRACTOR; (b) lack of fiscal accountability of
CONTRACTOR; or (c) decrease in available funding.
III. PROGRAM INCOME
A. For the purposes of this Article (III) "Program income," shall mean
gross income received by the CONTRACTOR directly generated from the
use of FEZ funds, except as provided below in Paragraph III.C. When such
income is generated by an activity that is only partially assisted with FEZ
funds, the income shall be prorated to reflect the percentage of FEZ funds
used.
B. Program income includes, but is not limited to each of the following:
1. Proceeds from the disposition by sale or long term lease of real
property purchased or improved with FEZ funds;
2. Proceeds from the disposition of equipment purchased with FEZ
funds.
3. Gross income from the use or rental of real or personal property
acquired by the CONTRACTOR with FEZ funds, less the costs
incidental to the generation of such income;
4. Gross income from the use or rental of real property owned by the
CONTRACTOR that was constructed or improved with FEZ funds,
less the costs incidental to the generation of such income;
5. Payments of principal and interest on loans made using FEZ funds;
6. Proceeds from the sale of loans made with FEZ funds;
7. Proceeds from the sale of obligations secured by loans made with
FEZ funds;
8. Interest earned on funds held in a revolving fund account;
9. Funds collected through special assessments made against
properties owned and occupied by households not of low and
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25H-12
moderate income, where such assessments are used to recover all
or part of the FEZ portion of a public improvement.
C. Program income does not include income on grant advances from
the U.S. Treasury. The following items of income earned on grant advances
must be remitted to HUD for transmittal to the U.S. Treasury:
1. Interest earned from the investment of the initial proceeds of a grant
advance by the U.S. Treasury;
2. Interest earned on loans or other forms of assistance provided with
FEZ funds that are used for activities determined by HUD either to be
ineligible or to fail to meet a national objective or other federal criteria.
3. Interest earned on the investment of amounts reimbursed to the FEZ
program account prior to the use of the reimbursed funds for eligible
purposes.
D. The receipt of program income (as defined in Paragraph III.A.
hereinabove) by CONTRACTOR in the operation of said program shall be
recorded by CONTRACTOR and reported to CITY.
E. Program income received by CONTRACTOR shall be returned to
CITY unless otherwise provided for in this Agreement.
IV. NONDISCRIMINATION
CONTRACTOR agrees that no person on the ground of race, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with FEZ funds.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in
connection with the provision of the services CONTRACTOR shall provide with
FEZ funds:
A. CONTRACTOR shall not discriminate against any employee or
applicant for employment on the basis of religion and shall not limit
employment or give preference in employment to persons on the basis of
religion.
B. CONTRACTOR shall not discriminate against any person applying
for the services CONTRACTOR agrees to provide under the terms of this
Agreement on the basis of religion and shall not limit such services or give
preference to applicants for such services on the basis of religion.
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C. CONTRACTOR shall NOT provide religious instruction or counseling,
conduct any religious worship or services, or engage in any religious
proselytizing, or exert any religious influence in the provision of the services
in said program.
D. Where the services to be provided under said program are rendered
on property owned by the primarily religious entity CONTRACTOR, FEZ
funds may also be used for minor repairs to such property which are directly
related to the cost of rendering the services under said program, where the
cost constitutes in dollar terms only an incidental portion of the FEZ
expenditure for rendering the services under said program.
VI. PROHIBITION OF NEPOTISM
CONTRACTOR agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by CONTRACTOR. For the purposes of
this section, the term "immediate family" means spouse, child, mother, father,
brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, step-parent and stepchild. The term
"administrative capacity" means having selection, hiring, supervisor or management
responsibilities.
VII. 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: Santa Ana WORK Center
WORK Center Director
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, California 92701
Telefacsimile (714) 565-2602
TO CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 82702-1988
Telefacsimile (714) 647-6956
TO CONTRACTOR:
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VIII. ASSIGNABILITY
CONTRACTOR shall not assign nor transfer any interest in this Agreement,
whether by assignment or novation, without the prior written consent of CITY;
provided, however, that claims for money due or to become due CONTRACTOR
from CITY under this Agreement may be assigned to a bank, trust company or
other financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be promptly furnished to CITY.
IX. HOLD HARMLESS
CONTRACTOR 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 CONTRACTOR, its officers, directors, employees,
agents, subcontractors and suppliers arising out of CONTRACTOR's performance
of this Agreement.
X. INSURANCE
CONTRACTOR shall obtain and maintain for the entire term of this Agreement
comprehensive general public liability insurance, in companies acceptable to the
City, authorized to issue such insurance in the State of California. Said
insurance shall consist of the following:
A. Commercial General Liability. CONTRACTOR agrees to obtain and keep
in force during the term of this Agreement a policy of comprehensive
commercial public liability insurance insuring the State of California, CITY,
and CONTRACTOR against any liability for accident, injury or death
arising out of or in consequence of this Agreement. Such insurance shall
be in an amount not less than One Million Dollars ($1,000,000.00) for any
injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive public liability insurance shall
be endorsed to provide to CITY and to the State of California, Employment
Development Department, at least thirty (30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers,
and the State of California, its officers, employees, and volunteers as
additional insureds; and state that such coverage is primary to any other
coverage or self-insurance of the State of California and CITY.
Governmental entities may substitute a certificate of self-insurance.
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B. Automobile Liability Coverage. CONTRACTOR shall also obtain and
maintain, during the effective period of this Agreement, broad form
automobile liability coverage with a $1,000,000 limit unless reduced by
CITY, which applies to both owned/leased and non-owned automobiles
used by CONTRACTOR employees or participants in performance of this
Agreement, or, in the event that CITY will not utilize such owned/leased
automobiles but intends to require employees, participants or other agents
to utilize their own automobiles in the performance of this Agreement,
CONTRACTOR shall secure and maintain on file from all such employees,
participants, or agents as self-certification of automobile insurance
coverage. Governmental entities may substitute a certificate of self-
insurance.
C. Workers' Compensation. If CONTRACTOR is an "employer", as set forth
in California Labor Code Section 3300 et seq., or utilizes participants as
"employees," as set 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 participants. Said insurance policy shall guarantee CITY at
least thirty (30) days written notice of cancellation or modification.
CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation
Coverage, pursuant to California Labor Code Section 3350, et seq.
D. Equipment Coverage. CONTRACTOR shall purchase a policy or policies
of insurance covering loss or damage to any and all Equipment provided
to or purchased by CONTRACTOR in accordance with this Agreement.
Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended
coverage, vandalism, malicious mischief, theft, and special extended
perils. Governmental entities may substitute a certificate of self-insurance.
E. Proof of Insurance. Certificates and endorsements (Exhibit H) must be
submitted and approved by CITY prior to any work under this Agreement.
CONTRACTOR understands that CITY will make no payments under this
Agreement until the required certificates and endorsements have been
approved by CITY.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, CONTRACTOR shall transfer
to CITY any FEZ funds on hand at the time of the expiration of this
Agreement as well as any accounts receivable attributable to the use of FEZ
funds.
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B. Any real property under CONTRACTOR's control that was acquired
or improved in whole or in part with FEZ funds in excess of $25,000.00 must
either be:
1. Used, where CITY has given written approval, to meet
one of the national objectives stated under federal law until five (5)
years after expiration of this Agreement, or for such longer period of
time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above,
CONTRACTOR shall pay to CITY an amount equal to the current fair
market value of the property less any portion of the value attributable
to the expenditure of non-FEZ funds for acquisition of, or
improvement to, the property. Such payment is program income to
CITY.
C. Subject to the obligations set forth herein, title to equipment acquired
under the terms of this Agreement will vest upon acquisition in
CONTRACTOR. When said equipment which has been acquired in
accordance with this Agreement and all applicable regulations is no longer
needed for said program, disposition of said equipment will be made as
follows:
1. Items of equipment with a current per unit fair market
value of less than $5,000.00 may be retained, sold or otherwise
disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit
value of $5,000.00 or more may be retained or sold and CITY shall
have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal
funds used to acquire the equipment.
C. CONTRACTOR hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any
claim to rights hereunder or under any document, instrument or agreement
executed in furtherance of the services and activities to be performed
hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and
agreements as may be necessary, in the sole and absolute discretion of
CITY, to vest in CITY all of CONTRACTOR's right, title and interest (if any it
may have) in and to CITY, SAEC, FEZ or other federal, state and/or local
accounts or program funds or allocation of funds to which CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which
were obtained for the purpose of the performance of this Agreement or any
previous agreements relating to the same subject matter or activities as this
Agreement, together with any instruments, loans, grants or advances by
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25H-17
CONTRACTOR on behalf of CITY, in furtherance of the activities hereunder
or thereof.
CONTRACTOR's obligations and responsibilities set forth in this paragraph
"XI. REVERSION OF ASSETS," and in paragraphs "XII. TERMINATION"
and "III. PROGRAM INCOME" 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 and/or HUD deems necessary for the
responsibilities, duties and obligations to be performed and completed to the
satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by
either party. In the event of such termination, CONTRACTOR shall only be
entitled to reimbursement for approved expenses incurred to the effective
date of termination.
B. This Agreement may be suspended or terminated by CITY upon five
(5) days' written notice for violation by CONTRACTOR of the terms and
conditions of the this agreement or applicable State or Federal
requirements. In the event of such suspension or termination,
CONTRACTOR shall only be entitled to reimbursement for approved
expenses incurred up to the effective date of suspension or termination.
C. In the event CONTRACTOR defaults by failing to fulfill all or any of its
obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to CONTRACTOR, which default and
termination shall be effective on a date stated in the notice which is to be not
less than ten (10) days after certified mailing or personal service of such
notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of
further liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for
approved expenses incurred for services satisfactorily and timely performed
prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by
CITY in obtaining substitute performance.
D. The grant of funds by CITY to CONTRACTOR pursuant to this
Agreement may be terminated for convenience upon two weeks written
notice to CONTRACTOR.
E. In the event this Agreement is terminated as set forth in
subparagraphs XII.A. through XII.D., inclusive, CONTRACTOR agrees to
immediately return to CITY upon CITY's demand and prior to any
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25H-18
adjudication of CONTRACTOR's rights, any and all funds not used, and to
comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic
or fiscal limitations on the use of FEZ funds which limitations are not presently
anticipated. Accordingly, CITY reserves the right to revise this Agreement in order
to take account of actions affecting HUD program funding. In the event of funding
reduction, CITY may, in its sole and absolute discretion, reduce the budget of this
Agreement as a whole or as to costs category, may limit the rate of
CONTRACTOR's authority to commit and spend funds, or may restrict
CONTRACTOR's use of both its uncommitted and its unspent funds. Where HUD
has directed or requested CITY to implement a reduction in funding, in whole or as
to a cost category, with respect to funding for this Agreement, CITY's Executive
Director or delegate is authorized to act for CITY in implementing and effecting
such a reduction and in revising, modifying, or amending the Agreement for such
purposes. Where CITY has reasonable grounds to question CONTRACTOR's
fiscal accountability, financial soundness, or compliance with this Agreement, CITY
may suspend the operation of this Agreement for up to sixty (60) days upon five (5)
days written notice to CONTRACTOR of its intention to so act, pending an audit or
other resolution of such questions. In no event, however, shall any revisions made
by CITY affect expenditures and legally binding commitments made by
CONTRACTOR before it received notice of such revision, provided that such
amounts have been committed in good faith and are otherwise allowable and that
such commitments are consistent with HUD cash withdrawal guidelines.
XIV. 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 CITY's FEZ funds by
CONTRACTOR 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 CONTRACTOR.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of
the State of California, and all applicable federal laws and regulations.
XVI. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year written hereinabove.
ATTEST:
CITY OF SANTA Ana, a municipal
corporation of the State of California
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
CONTRACTOR:
By: Lisa Storck
Assistant City Attorney
Name:
Title:
Federal Tax ID:
RECOMMENDED FOR APPROVAL
Stephen G. Harding, Deputy City Manager for
Development Services
Community Development Agency
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25H-20
AGREEMENT BETWEEN
THE CITY OF SANTA ANA
AN D
TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION
FOR USE OF EMPOWERMENT ZONE FUNDS
This Agreement, made and entered into this 1st day of July, 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 Templo Calvario
Community Development Corporation ("CONTRACTOR").
WITNESSETH
Recitals:
1. The City of Santa Ana, through the Santa Ana Empowerment
Corporation ("SAEC"), is the recipient of Federal Empowerment Zone
("FEZ") funds from the United States Department of Housing and Urban
Development ("HUD").
2. CITY desires to engage CONTRACTOR to provide the services at
the cost set forth in Exhibit A and for the services set forth Exhibit B,
hereinafter referred to as "said program" and CONTRACTOR represents
that it is qualified and willing to operate said program.
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. CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to use all federal funds provided by CITY to
CONTRACTOR pursuant to this Agreement to operate said program, as set
forth in "Exhibit B," attached hereto and by this reference incorporated
herein. CONTRACTOR'S failure to perform as required may, in addition to
other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to CONTRACTOR
under Paragraph II hereof.
B. CONTRACTOR agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing
operation of its program. CONTRACTOR shall ensure that its staff shall also
obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing CONTRACTOR operations
hereunder.
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C. CONTRACTOR agrees that any facility/property used in furtherance
of said program shall be specifically zoned and permitted for such use(s)
and activity(ies). Should CONTRACTOR fail to have the required land
entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, CONTRACTOR shall immediately make good-
faith efforts to gain compliance with local, state or federal rules and
regulations following written notification of said violation(s) from the CITY or
other authorized citing agency. CONTRACTOR shall notify CITY
immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of
grant funding hereunder. CONTRACTOR must make all corrections
required to bring the facility/property into compliance with the law within sixty
(60) days of notification of the violation(s); failure to gain compliance within
such time shall result in termination of grant funding hereunder.
D. All funds received by CONTRACTOR from CITY pursuant to this
Agreement shall be separately accounted for apart from any other funds of
CONTRACTOR, or of any principal or member of CONTRACTOR.
CONTRACTOR agrees that if CONTRACTOR receives $500,000 or more in
any Federal funds, CONTRACTOR shall have an annual audit conducted by
a certified public accountant in accordance with the standards as set forth
and published by the United States Office of Management and Budget
Circular A-133. CONTRACTOR shall provide CITY with a copy of said audit
30 days after receipt of the auditor's report(s), or nine months after the end
of the audit period following the program year in which this Agreement is
executed.
E. CONTRACTOR shall keep records of all funds received from CITY
under the terms and conditions of this Agreement in accordance with the
procedures set forth in the "Agreement Accounting and Administrative
Handbook", a copy of which shall be provided to CONTRACTOR by CITY.
CONTRACTOR agrees to keep monthly records of all ethnic and racial
statistics of persons and families benefited by CONTRACTOR in the
performance of its obligations under this Agreement, including, but not
limited to, the number of low and moderate income persons and households
assisted in accordance with federal income limits, number of female heads
of households, and number of senior citizens assisted.
CONTRACTOR agrees to provide CITY with written cumulative (year-to-
date) reports of its activities on or before the 15th day of July, October,
January and April for the period beginning October 1, 2008 and through and
including the previous three-month reporting period setting forth the
activities, program accomplishments, new program information and year-to-
date program statistics on expenditures, caseload and activities. When
appropriate, pictures should be included. This Agreement shall terminate on
June 30, 2009, unless extended by mutual consent of the parties. Any
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25H-22
extension shall be in writing, and executed by the Deputy City Manager for
Development Services and the City Attorney on behalf of CITY.
CITY, SAEC and the United States Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining
CONTRACTOR's activities and performance, to books, documents and
papers, and the right to examine records of CONTRACTOR's
subcontractors, bookkeepers and accountants, employees and participants
in regard to said program. CITY, SAEC and the United States Government
and/or their representatives shall also schedule on-site monitoring at their
discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any
premises or any site in which any of the services or activities funded
hereunder are conducted or in which any of the records of CONTRACTOR
are 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 the location where said records
and books of account are maintained.
F. 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 program, as
well as in the Orange County, California, for the duration of the Agreement
and thereafter for five (5) 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 or any other governmental agency takes
exception, shall be retained beyond the five (5) years until resolution or
disposition of such appeals, litigation, claims, or exceptions.
G. CONTRACTOR agrees to comply fully with all federal, state and local
laws and court orders applicable to its operation whether or not referred to in
this Agreement. CONTRACTOR agrees that it has read, understood and
shall adhere to the legal obligations referred in Exhibit C.
H. CONTRACTOR shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue
Service. Any change in the corporate status or suspension of
CONTRACTOR shall be reported immediately to CITY.
Subreceipient acknowledges and warrants that it shall at all times comply
with the laws, regulations and policies governing the use of FEZ funds,
including but not limited to, the limitations on use of FEZ funds set forth in
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25H-23
P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register, April
16, 1998.
J. Without prejudice to any other provisions 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. However, CONTRACTOR shall
submit to CITY, SAEC and or HUD or its representatives, all records
requested, including audit, examinations, monitoring and verifications of
reports submitted by CONTRACTOR, costs incurred and services rendered
hereunder.
K. CONTRACTOR 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.
L. CONTRACTOR agrees that if CONTRACTOR violates any of the
terms and conditions of this Agreement or any prior Agreement whereby
FEZ funds were received by CONTRACTOR, or if CONTRACTOR reports
inaccurately, or if on audit there is a disallowance of certain expenditures,
CONTRACTOR agrees to remedy the acts or omissions causing the
disallowance or repay CITY all amounts spent in violation thereof.
M. CONTRACTOR agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement.
Said record shall be made available to CITY upon request. The term "non-
expendable personal property" shall include leased and purchased
equipment.
N. CONTRACTOR hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts.
O. CONTRACTOR certifies 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 cooperative agreement.
CONTRACTOR shall sign a certification to that effect in a form as set forth in
"Exhibit D," 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.
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If any funds other than Federal appropriated funds have been paid or will be
paid to any 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 a "Disclosure Form to Report Lobbying," in
accordance with its instructions.
P. CONTRACTOR agrees that except for the use of FEZ funds to pay
salaries and other related administrative or personnel costs, no persons who
exercise or have exercised any function with respect to FEZ activities
assisted under the terms of this Agreement, or who are in a position to
participate in adecision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a
FEZ-assisted activity of CONTRACTOR, either for themselves or those with
whom they have family or business ties, during their tenure or for one year
thereafter. This prohibition applies to any person who is an employee,
agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agencies, or the CONTRACTOR.
Q. CONTRACTOR acknowledges and warrants that prior to having any
contractor perform work paid for by FEZ funds, that it shall be responsible
(i) for providing such contractor with a copy of this Agreement, and (ii)
ensuring that any such contractor executes and provides to the Executive
Director of the Community Development Agency a letter in substantially
the form of Exhibit E hereto, agreeing to be bound by the terms of this
Agreement.
R. CONTRACTOR acknowledges and warrants that during the term of this
Agreement it shall to the maximum extent feasible collaborate with other
CONTRACTORS to ensure that duplication of services is avoided. Such
collaboration shall include, but not be limited to, regular attendance (i.e.,
an attendance record exceeding 50%) and active participation in the
appropriate committee or committees established pursuant to the
Strategic Plan.
S. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit F" attached hereto and incorporated
herein by this reference.
T. CONTRACTOR shall comply with the general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
II. CITY'S OBLIGATIONS
Upon execution of this Agreement by CONTRACTOR, CITY shall pay to
CONTRACTOR from FEZ funds, when, if and to the extent received from HUD, for
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25H-25
CITY's 2008-09 FEZ program year amounts expended by CONTRACTOR in
carrying out said program for fiscal year 2008-09 pursuant to this Agreement up to
a maximum aggregate payment of Eighty One Thousand Dollars ($81,000) for
CONTRACTOR'S performance in accordance with the payment schedule attached
hereto as "Exhibit A". Payments shall be made to CONTRACTOR through the
submission of periodic invoices, in a form prescribed by CITY, detailing such
expenses. CONTRACTOR agrees to submit the above-stated document to the
FEZ Navigator Office, 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, CA 92701.
CITY shall pay such invoices within thirty (30) days after receipt thereof provided
CITY is satisfied that such expenses have been incurred within the scope of this
Agreement and that CONTRACTOR is in compliance with the terms and conditions
of this Agreement.
CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of
performance by CONTRACTOR; (b) lack of fiscal accountability of
CONTRACTOR; or (c) decrease in available funding.
III. PROGRAM INCOME
A. For the purposes of this Article (III) "Program income," shall mean
gross income received by the CONTRACTOR directly generated from the
use of FEZ funds, except as provided below in Paragraph III.C. When such
income is generated by an activity that is only partially assisted with FEZ
funds, the income shall be prorated to reflect the percentage of FEZ funds
used.
B. Program income includes, but is not limited to each of the following:
1. Proceeds from the disposition by sale or long term lease of real
property purchased or improved with FEZ funds;
2. Proceeds from the disposition of equipment purchased with FEZ
funds.
3. Gross income from the use or rental of real or personal property
acquired by the CONTRACTOR with FEZ funds, less the costs
incidental to the generation of such income;
4. Gross income from the use or rental of real property owned by the
CONTRACTOR that was constructed or improved with FEZ funds,
less the costs incidental to the generation of such income;
5. Payments of principal and interest on loans made using FEZ funds;
6. Proceeds from the sale of loans made with FEZ funds;
7. Proceeds from the sale of obligations secured by loans made with
FEZ funds;
8. Interest earned on funds held in a revolving fund account;
9. Funds collected through special assessments made against
properties owned and occupied by households not of low and
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25H-26
moderate income, where such assessments are used to recover all
or part of the FEZ portion of a public improvement.
C. Program income does not include income on grant advances from
the U.S. Treasury. The following items of income earned on grant advances
must be remitted to HUD for transmittal to the U.S. Treasury:
1. Interest earned from the investment of the initial proceeds of a grant
advance by the U.S. Treasury;
2. Interest earned on loans or other forms of assistance provided with
FEZ funds that are used for activities determined by HUD either to be
ineligible or to fail to meet a national objective or other federal criteria.
3. Interest earned on the investment of amounts reimbursed to the FEZ
program account prior to the use of the reimbursed funds for eligible
purposes.
D. The receipt of program income (as defined in Paragraph III.A.
hereinabove) by CONTRACTOR in the operation of said program shall be
recorded by CONTRACTOR and reported to CITY.
E. Program income received by CONTRACTOR shall be returned to
CITY unless otherwise provided for in this Agreement.
IV.
V.
NONDISCRIMINATION
CONTRACTOR agrees that no person on the ground of race, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with FEZ funds.
SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in
connection with the provision of the services CONTRACTOR shall provide with
FEZ funds:
A. CONTRACTOR shall not discriminate against any employee or
applicant for employment on the basis of religion and shall not limit
employment or give preference in employment to persons on the basis of
religion.
B. CONTRACTOR shall not discriminate against any person applying
for the services CONTRACTOR agrees to provide under the terms of this
Agreement on the basis of religion and shall not limit such services or give
preference to applicants for such services on the basis of religion.
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C. CONTRACTOR shall NOT provide religious instruction or counseling,
conduct any religious worship or services, or engage in any religious
proselytizing, or exert any religious influence in the provision of the services
in said program.
D. Where the services to be provided under said program are rendered
on property owned by the primarily religious entity CONTRACTOR, FEZ
funds may also be used for minor repairs to such property which are directly
related to the cost of rendering the services under said program, where the
cost constitutes in dollar terms only an incidental portion of the FEZ
expenditure for rendering the services under said program.
VI. PROHIBITION OF NEPOTISM
CONTRACTOR agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by CONTRACTOR. For the purposes of
this section, the term "immediate family" means spouse, child, mother, father,
brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, step-parent and stepchild. The term
"administrative capacity" means having selection, hiring, supervisor or management
responsibilities.
VII. 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: Santa Ana WORK Center
WORK Center Director
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, California 92701
Telefacsimile (714) 565-2602
TO CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 82702-1988
Telefacsimile (714) 647-6956
TO CONTRACTOR:
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VIII. ASSIGNABILITY
CONTRACTOR shall not assign nor transfer any interest in this Agreement,
whether by assignment or novation, without the prior written consent of CITY;
provided, however, that claims for money due or to become due CONTRACTOR
from CITY under this Agreement may be assigned to a bank, trust company or
other financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be promptly furnished to CITY.
IX. HOLD HARMLESS
CONTRACTOR 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 CONTRACTOR, its officers, directors, employees,
agents, subcontractors and suppliers arising out of CONTRACTOR's performance
of this Agreement.
X. INSURANCE
CONTRACTOR shall obtain and maintain for the entire term of this Agreement
comprehensive general public liability insurance, in companies acceptable to the
City, authorized to issue such insurance in the State of California. Said
insurance shall consist of the following:
A. Commercial General Liability. CONTRACTOR agrees to obtain and keep
in force during the term of this Agreement a policy of comprehensive
commercial public liability insurance insuring the State of California, CITY,
and CONTRACTOR against any liability for accident, injury or death
arising out of or in consequence of this Agreement. Such insurance shall
be in an amount not less than One Million Dollars ($1,000,000.00) for any
injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive public liability insurance shall
be endorsed to provide to CITY and to the State of California, Employment
Development Department, at least thirty (30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers,
and the State of California, its officers, employees, and volunteers as
additional insureds; and state that such coverage is primary to any other
coverage or self-insurance of the State of California and CITY.
Governmental entities may substitute a certificate of self-insurance.
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B. Automobile Liability Coverage. CONTRACTOR shall also obtain and
maintain, during the effective period of this Agreement, broad form
automobile liability coverage with a $1,000,000 limit unless reduced by
CITY, which applies to both owned/leased and non-owned automobiles
used by CONTRACTOR employees or participants in performance of this
Agreement, or, in the event that CITY will not utilize such owned/leased
automobiles but intends to require employees, participants or other agents
to utilize their own automobiles in the performance of this Agreement,
CONTRACTOR shall secure and maintain on file from all such employees,
participants, or agents as self-certification of automobile insurance
coverage. Governmental entities may substitute a certificate of self-
insurance.
C. Workers' Compensation. If CONTRACTOR is an "employer", as set forth
in California Labor Code Section 3300 et seq., or utilizes participants as
"employees," as set 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 participants. Said insurance policy shall guarantee CITY at
least thirty (30) days written notice of cancellation or modification.
CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation
Coverage, pursuant to California Labor Code Section 3350, et seq.
D. Equipment Coverage. CONTRACTOR shall purchase a policy or policies
of insurance covering loss or damage to any and all Equipment provided
to or purchased by CONTRACTOR in accordance with this Agreement.
Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended
coverage, vandalism, malicious mischief, theft, and special extended
perils. Governmental entities may substitute a certificate of self-insurance.
E. Proof of Insurance. Certificates and endorsements (Exhibit H) must be
submitted and approved by CITY prior to any work under this Agreement.
CONTRACTOR understands that CITY will make no payments under this
Agreement until the required certificates and endorsements have been
approved by CITY.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, CONTRACTOR shall transfer
to CITY any FEZ funds on hand at the time of the expiration of this
Agreement as well as any accounts receivable attributable to the use of FEZ
funds.
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B. Any real property under CONTRACTOR's control that was acquired
or improved in whole or in part with FEZ funds in excess of $25,000.00 must
either be:
1. Used, where CITY has given written approval, to meet
one of the national objectives stated under federal law until five (5)
years after expiration of this Agreement, or for such longer period of
time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above,
CONTRACTOR shall pay to CITY an amount equal to the current fair
market value of the property less any portion of the value attributable
to the expenditure of non-FEZ funds for acquisition of, or
improvement to, the property. Such payment is program income to
CITY.
C. Subject to the obligations set forth herein, title to equipment acquired
under the terms of this Agreement will vest upon acquisition in
CONTRACTOR. When said equipment which has been acquired in
accordance with this Agreement and all applicable regulations is no longer
needed for said program, disposition of said equipment will be made as
follows:
1. Items of equipment with a current per unit fair market
value of less than $5,000.00 may be retained, sold or otherwise
disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit
value of $5,000.00 or more may be retained or sold and CITY shall
have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal
funds used to acquire the equipment.
C. CONTRACTOR hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any
claim to rights hereunder or under any document, instrument or agreement
executed in furtherance of the services and activities to be performed
hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and
agreements as may be necessary, in the sole and absolute discretion of
CITY, to vest in CITY all of CONTRACTOR's right, title and interest (if any it
may have) in and to CITY, SAEC, FEZ or other federal, state and/or local
accounts or program funds or allocation of funds to which CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which
were obtained for the purpose of the performance of this Agreement or any
previous agreements relating to the same subject matter or activities as this
Agreement, together with any instruments, loans, grants or advances by
Page 11 of 14
25H-31
CONTRACTOR on behalf of CITY, in furtherance of the activities hereunder
or thereof.
CONTRACTOR's obligations and responsibilities set forth in this paragraph
"XI. REVERSION OF ASSETS," and in paragraphs "XII. TERMINATION"
and "III. PROGRAM INCOME" 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 and/or HUD deems necessary for the
responsibilities, duties and obligations to be performed and completed to the
satisfaction of CITY and HUD.
XII.
TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by
either party. In the event of such termination, CONTRACTOR shall only be
entitled to reimbursement for approved expenses incurred to the effective
date of termination.
B. This Agreement may be suspended or terminated by CITY upon five
(5) days' written notice for violation by CONTRACTOR of the terms and
conditions of the this agreement or applicable State or Federal
requirements. In the event of such suspension or termination,
CONTRACTOR shall only be entitled to reimbursement for approved
expenses incurred up to the effective date of suspension or termination.
C. In the event CONTRACTOR defaults by failing to fulfill all or any of its
obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to CONTRACTOR, which default and
termination shall be effective on a date stated in the notice which is to be not
less than ten (10) days after certified mailing or personal service of such
notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of
further liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for
approved expenses incurred for services satisfactorily and timely performed
prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by
CITY in obtaining substitute performance.
D. The grant of funds by CITY to CONTRACTOR pursuant to this
Agreement may be terminated for convenience upon two weeks written
notice to CONTRACTOR.
E. In the event this Agreement is terminated as set forth in
subparagraphs XII.A. through XII.D., inclusive, CONTRACTOR agrees to
immediately return to CITY upon CITY's demand and prior to any
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25H-32
adjudication of CONTRACTOR's rights, any and all funds not used, and to
comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic
or fiscal limitations on the use of FEZ funds which limitations are not presently
anticipated. Accordingly, CITY reserves the right to revise this Agreement in order
to take account of actions affecting HUD program funding. In the event of funding
reduction, CITY may, in its sole and absolute discretion, reduce the budget of this
Agreement as a whole or as to costs category, may limit the rate of
CONTRACTOR's authority to commit and spend funds, or may restrict
CONTRACTOR's use of both its uncommitted and its unspent funds. Where HUD
has directed or requested CITY to implement a reduction in funding, in whole or as
to a cost category, with respect to funding for this Agreement, CITY's Executive
Director or delegate is authorized to act for CITY in implementing and effecting
such a reduction and in revising, modifying, or amending the Agreement for such
purposes. Where CITY has reasonable grounds to question CONTRACTOR's
fiscal accountability, financial soundness, or compliance with this Agreement, CITY
may suspend the operation of this Agreement for up to sixty (60) days upon five (5)
days written notice to CONTRACTOR of its intention to so act, pending an audit or
other resolution of such questions. In no event, however, shall any revisions made
by CITY affect expenditures and legally binding commitments made by
CONTRACTOR before it received notice of such revision, provided that such
amounts have been committed in good faith and are otherwise allowable and that
such commitments are consistent with HUD cash withdrawal guidelines.
XIV. 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 CITY's FEZ funds by
CONTRACTOR 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 CONTRACTOR.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of
the State of California, and all applicable federal laws and regulations.
XVI. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year written hereinabove.
ATTEST:
CITY OF SANTA ANA, a municipal
corporation of the State of California
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
CONTRACTOR:
By: Lisa Storck
Assistant City Attorney
Name:
Title:
Federal Tax ID:
RECOMMENDED FOR APPROVAL
Stephen G. Harding, Deputy City Manager for
Development Services
Community Development Agency
Page 14 of 14
25H-34
AGREEMENT BETWEEN
THE CITY OF SANTA ANA
AND
THE CAMBODIAN FAMILY
FOR USE OF EMPOWERMENT ZONE FUNDS
This Agreement, made and entered into this 1St day of July, 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 The Cambodian
Family ("CONTRACTOR").
WITNESSETH
Recitals:
1. The City of Santa Ana, through the Santa Ana Empowerment
Corporation ("SAEC"), is the recipient of Federal Empowerment Zone
("FEZ") funds from the United States Department of Housing and Urban
Development ("HUD").
2. CITY desires to engage CONTRACTOR to provide the services at
the cost set forth in Exhibit A and for the services set forth Exhibit B,
hereinafter referred to as "said program" and CONTRACTOR represents
that it is qualified and willing to operate said program.
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:
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to use all federal funds provided by CITY to
CONTRACTOR pursuant to this Agreement to operate said program, as set
forth in "Exhibit B," attached hereto and by this reference incorporated
herein. CONTRACTOR'S failure to perform as required may, in addition to
other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to CONTRACTOR
under Paragraph II hereof.
B. CONTRACTOR agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing
operation of its program. CONTRACTOR shall ensure that its staff shall also
obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing CONTRACTOR operations
hereunder.
Page 1 of 14
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C. CONTRACTOR agrees that any facility/property used in furtherance
of said program shall be specifically zoned and permitted for such use(s)
and activity(ies). Should CONTRACTOR fail to have the required land
entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, CONTRACTOR shall immediately make good-
faith efforts to gain compliance with local, state or federal rules and
regulations following written notification of said violation(s) from the CITY or
other authorized citing agency. CONTRACTOR shall notify CITY
immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of
grant funding hereunder. CONTRACTOR must make all corrections
required to bring the facility/property into compliance with the law within sixty
(60) days of notification of the violation(s); failure to gain compliance within
such time shall result in termination of grant funding hereunder.
D. All funds received by CONTRACTOR from CITY pursuant to this
Agreement shall be separately accounted for apart from any other funds of
CONTRACTOR, or of any principal or member of CONTRACTOR.
CONTRACTOR agrees that if CONTRACTOR receives $500,000 or more in
any Federal funds, CONTRACTOR shall have an annual audit conducted by
a certified public accountant in accordance with the standards as set forth
and published by the United States Office of Management and Budget
Circular A-133. CONTRACTOR shall provide CITY with a copy of said audit
30 days after receipt of the auditor's report(s), or nine months after the end
of the audit period following the program year in which this Agreement is
executed.
E. CONTRACTOR shall keep records of all funds received from CITY
under the terms and conditions of this Agreement in accordance with the
procedures set forth in the "Agreement Accounting and Administrative
Handbook", a copy of which shall be provided to CONTRACTOR by CITY.
CONTRACTOR agrees to keep monthly records of all ethnic and racial
statistics of persons and families benefited by CONTRACTOR in the
performance of its obligations under this Agreement, including, but not
limited to, the number of low and moderate income persons and households
assisted in accordance with federal income limits, number of female heads
of households, and number of senior citizens assisted.
CONTRACTOR agrees to provide CITY with written cumulative (year-to-
date) reports of its activities on or before the 15th day of July, October,
January and April for the period beginning October 1, 2008 and through and
including the previous three-month reporting period setting forth the
activities, program accomplishments, new program information and year-to-
date program statistics on expenditures, caseload and activities. When
appropriate, pictures should be included. This Agreement shall terminate on
June 30, 2009, unless extended by mutual consent of the parties. Any
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25H-36
extension shall be in writing, and executed by the Deputy City Manager for
Development Services and the City Attorney on behalf of CITY.
CITY, SAEC and the United States Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining
CONTRACTOR's activities and performance, to books, documents and
papers, and the right to examine records of CONTRACTOR's
subcontractors, bookkeepers and accountants, employees and participants
in regard to said program. CITY, SAEC and the United States Government
and/or their representatives shall also schedule on-site monitoring at their
discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any
premises or any site in which any of the services or activities funded
hereunder are conducted or in which any of the records of CONTRACTOR
are 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 the location where said records
and books of account are maintained.
F. 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 program, as
well as in the Orange County, California, for the duration of the Agreement
and thereafter for five (5) 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 or any other governmental agency takes
exception, shall be retained beyond the five (5) years until resolution or
disposition of such appeals, litigation, claims, or exceptions.
G. CONTRACTOR agrees to comply fully with all federal, state and local
laws and court orders applicable to its operation whether or not referred to in
this Agreement. CONTRACTOR agrees that it has read, understood and
shall adhere to the legal obligations referred in Exhibit C.
H. CONTRACTOR shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue
Service. Any change in the corporate status or suspension of
CONTRACTOR shall be reported immediately to CITY.
I. Subreceipient acknowledges and warrants that it shall at all times comply
with the laws, regulations and policies governing the use of FEZ funds,
including but not limited to, the limitations on use of FEZ funds set forth in
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25H-37
P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register, April
16, 1998.
J. Without prejudice to any other provisions 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. However, CONTRACTOR shall
submit to CITY, SAEC and or HUD or its representatives, all records
requested, including audit, examinations, monitoring and verifications of
reports submitted by CONTRACTOR, costs incurred and services rendered
hereunder.
K. CONTRACTOR 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.
L. CONTRACTOR agrees that if CONTRACTOR violates any of the
terms and conditions of this Agreement or any prior Agreement whereby
FEZ funds were received by CONTRACTOR, or if CONTRACTOR reports
inaccurately, or if on audit there is a disallowance of certain expenditures,
CONTRACTOR agrees to remedy the acts or omissions causing the
disallowance or repay CITY all amounts spent in violation thereof.
M. CONTRACTOR agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement.
Said record shall be made available to CITY upon request. The term "non-
expendable personal property" shall include leased and purchased
equipment.
N. CONTRACTOR hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts.
O. CONTRACTOR certifies 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 cooperative agreement.
CONTRACTOR shall sign a certification to that effect in a form as set forth in
"Exhibit D," 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.
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If any funds other than Federal appropriated funds have been paid or will be
paid to any 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 a "Disclosure Form to Report Lobbying," in
accordance with its instructions.
P. CONTRACTOR agrees that except for the use of FEZ funds to pay
salaries and other related administrative or personnel costs, no persons who
exercise or have exercised any function with respect to FEZ activities
assisted under the terms of this Agreement, or who are in a position to
participate in adecision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a
FEZ-assisted activity of CONTRACTOR, either for themselves or those with
whom they have family or business ties, during their tenure or for one year
thereafter. This prohibition applies to any person who is an employee,
agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agencies, or the CONTRACTOR.
Q. CONTRACTOR acknowledges and warrants that prior to having any
contractor perform work paid for by FEZ funds, that it shall be responsible
(i) for providing such contractor with a copy of this Agreement, and (ii)
ensuring that any such contractor executes and provides to the Executive
Director of the Community Development Agency a letter in substantially
the form of Exhibit E hereto, agreeing to be bound by the terms of this
Agreement.
R. CONTRACTOR acknowledges and warrants that during the term of this
Agreement it shall to the maximum extent feasible collaborate with other
CONTRACTORS to ensure that duplication of services is avoided. Such
collaboration shall include, but not be limited to, regular attendance (i.e.,
an attendance record exceeding 50%) and active participation in the
appropriate committee or committees established pursuant to the
Strategic Plan.
S. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit F" attached hereto and incorporated
herein by this reference.
T. CONTRACTOR shall comply with the general provisions, assurances, and
certifications attached hereto as "Exhibit G"and incorporated herein.
II. CITY'S OBLIGATIONS
Upon execution of this Agreement by CONTRACTOR, CITY shall pay to
CONTRACTOR from FEZ funds, when, if and to the extent received from HUD, for
Page 5 of 14
25H-39
CITY's 2008-09 FEZ program year amounts expended by CONTRACTOR in
carrying out said program for fiscal year 2008-09 pursuant to this Agreement up to
a maximum aggregate payment of Eighty Five Thousand Five Hundred Ninety
Dollars ($85,590) for CONTRACTOR'S performance in accordance with the
payment schedule attached hereto as "Exhibit A". Payments shall be made to
CONTRACTOR through the submission of periodic invoices, in a form prescribed
by CITY, detailing such expenses. CONTRACTOR agrees to submit the above-
stated document to the FEZ Navigator Office, 1000 E. Santa Ana Blvd., Suite 200,
Santa Ana, CA 92701. CITY shall pay such invoices within thirty (30) days after
receipt thereof provided CITY is satisfied that such expenses have been incurred
within the scope of this Agreement and that CONTRACTOR is in compliance with
the terms and conditions of this Agreement.
CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of
performance by CONTRACTOR; (b) lack of fiscal accountability of
CONTRACTOR; or (c) decrease in available funding.
III. PROGRAM INCOME
A. For the purposes of this Article (III) "Program income," shall mean
gross income received by the CONTRACTOR directly generated from the
use of FEZ funds, except as provided below in Paragraph III.C. When such
income is generated by an activity that is only partially assisted with FEZ
funds, the income shall be prorated to reflect the percentage of FEZ funds
used.
B. Program income includes, but is not limited to each of the following:
1. Proceeds from the disposition by sale or long term lease of real
property purchased or improved with FEZ funds;
2. Proceeds from the disposition of equipment purchased with FEZ
funds.
3. Gross income from the use or rental of real or personal property
acquired by the CONTRACTOR with FEZ funds, less the costs
incidental to the generation of such income;
4. Gross income from the use or rental of real property owned by the
CONTRACTOR that was constructed or improved with FEZ funds,
less the costs incidental to the generation of such income;
5. Payments of principal and interest on loans made using FEZ funds;
6. Proceeds from the sale of loans made with FEZ funds;
7. Proceeds from the sale of obligations secured by loans made with
FEZ funds;
8. Interest earned on funds held in a revolving fund account;
9. Funds collected through special assessments made against
properties owned and occupied by households not of low and
Page 6 of 14
25H-40
moderate income, where such assessments are used to recover all
or part of the FEZ portion of a public improvement.
C. Program income does not include income on grant advances from
the U.S. Treasury. The following items of income earned on grant advances
must be remitted to HUD for transmittal to the U.S. Treasury:
1. Interest earned from the investment of the initial proceeds of a grant
advance by the U.S. Treasury;
2. Interest earned on loans or other forms of assistance provided with
FEZ funds that are used for activities determined by HUD either to be
ineligible or to fail to meet a national objective or other federal criteria.
3. Interest earned on the investment of amounts reimbursed to the FEZ
program account prior to the use of the reimbursed funds for eligible
purposes.
D. The receipt of program income (as defined in Paragraph III.A.
hereinabove) by CONTRACTOR in the operation of said program shall be
recorded by CONTRACTOR and reported to CITY.
E. Program income received by CONTRACTOR shall be returned to
CITY unless otherwise provided for in this Agreement.
IV. NONDISCRIMINATION
CONTRACTOR agrees that no person on the ground of race, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with FEZ funds.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in
connection with the provision of the services CONTRACTOR shall provide with
FEZ funds:
A. CONTRACTOR shall not discriminate against any employee or
applicant for employment on the basis of religion and shall not limit
employment or give preference in employment to persons on the basis of
religion.
B. CONTRACTOR shall not discriminate against any person applying
for the services CONTRACTOR agrees to provide under the terms of this
Agreement on the basis of religion and shall not limit such services or give
preference to applicants for such services on the basis of religion.
Page 7 of 14
25H-41
C. CONTRACTOR shall NOT provide religious instruction or counseling,
conduct any religious worship or services, or engage in any religious
proselytizing, or exert any religious influence in the provision of the services
in said program.
D. Where the services to be provided under said program are rendered
on property owned by the primarily religious entity CONTRACTOR, FEZ
funds may also be used for minor repairs to such property which are directly
related to the cost of rendering the services under said program, where the
cost constitutes in dollar terms only an incidental portion of the FEZ
expenditure for rendering the services under said program.
VI. PROHIBITION OF NEPOTISM
CONTRACTOR agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by CONTRACTOR. For the purposes of
this section, the term "immediate family" means spouse, child, mother, father,
brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, step-parent and stepchild. The term
"administrative capacity" means having selection, hiring, supervisor or management
responsibilities.
VII. 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: Santa Ana WORK Center
WORK Center Director
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, California 92701
Telefacsimile (714) 565-2602
TO CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 82702-1988
Telefacsimile (714) 647-6956
TO CONTRACTOR:
Page 8 of 14
25H-42
VIII. ASSIGNABILITY
CONTRACTOR shall not assign nor transfer any interest in this Agreement,
whether by assignment or novation, without the prior written consent of CITY;
provided, however, that claims for money due or to become due CONTRACTOR
from CITY under this Agreement may be assigned to a bank, trust company or
other financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be promptly furnished to CITY.
IX. HOLD HARMLESS
CONTRACTOR shall indemnify and save harmless CITY, its ofFcers, 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 CONTRACTOR, its officers, directors, employees,
agents, subcontractors and suppliers arising out of CONTRACTOR's performance
of this Agreement.
X. INSURANCE
CONTRACTOR shall obtain and maintain for the entire term of this Agreement
comprehensive general public liability insurance, in companies acceptable to the
City, authorized to issue such insurance in the State of California. Said
insurance shall consist of the following:
A. Commercial General Liability. CONTRACTOR agrees to obtain and keep
in force during the term of this Agreement a policy of comprehensive
commercial public liability insurance insuring the State of California, CITY,
and CONTRACTOR against any liability for accident, injury or death
arising out of or in consequence of this Agreement. Such insurance shall
be in an amount not less than One Million Dollars ($1,000,000.00) for any
injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive public liability insurance shall
be endorsed to provide to CITY and to the State of California, Employment
Development Department, at least thirty (30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers,
and the State of California, its officers, employees, and volunteers as
additional insureds; and state that such coverage is primary to any other
coverage or self-insurance of the State of California and CITY.
Governmental entities may substitute a certificate of self-insurance.
Page 9 of 14
25H-43
B. Automobile Liability Coverage. CONTRACTOR shall also obtain and
maintain, during the effective period of this Agreement, broad form
automobile liability coverage with a $1,000,000 limit unless reduced by
CITY, which applies to both owned/leased and non-owned automobiles
used by CONTRACTOR employees or participants in performance of this
Agreement, or, in the event that CITY will not utilize such owned/leased
automobiles but intends to require employees, participants or other agents
to utilize their own automobiles in the performance of this Agreement,
CONTRACTOR shall secure and maintain on file from all such employees,
participants, or agents as self-certification of automobile insurance
coverage. Governmental entities may substitute a certificate of self-
insurance.
C. Workers' Compensation. If CONTRACTOR is an "employer", as set forth
in California Labor Code Section 3300 et seq., or utilizes participants as
"employees," as set 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 participants. Said insurance policy shall guarantee CITY at
least thirty (30) days written notice of cancellation or modification.
CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation
Coverage, pursuant to California Labor Code Section 3350, et seq.
D. Equipment Coverage. CONTRACTOR shall purchase a policy or policies
of insurance covering loss or damage to any and all Equipment provided
to or purchased by CONTRACTOR in accordance with this Agreement.
Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended
coverage, vandalism, malicious mischief, theft, and special extended
perils. Governmental entities may substitute a certificate of self-insurance.
E. Proof of Insurance. Certificates and endorsements (Exhibit H) must be
submitted and approved by CITY prior to any work under this Agreement.
CONTRACTOR understands that CITY will make no payments under this
Agreement until the required certificates and endorsements have been
approved by CITY.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, CONTRACTOR shall transfer
to CITY any FEZ funds on hand at the time of the expiration of this
Agreement as well as any accounts receivable attributable to the use of FEZ
funds.
Page 10 of 14
25H-44
B. Any real property under CONTRACTOR's control that was acquired
or improved in whole or in part with FEZ funds in excess of $25,000.00 must
either be:
1. Used, where CITY has given written approval, to meet
one of the national objectives stated under federal law until five (5)
years after expiration of this Agreement, or for such longer period of
time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above,
CONTRACTOR shall pay to CITY an amount equal to the current fair
market value of the property less any portion of the value attributable
to the expenditure of non-FEZ funds for acquisition of, or
improvement to, the property. Such payment is program income to
CITY.
C. Subject to the obligations set forth herein, title to equipment acquired
under the terms of this Agreement will vest upon acquisition in
CONTRACTOR. When said equipment which has been acquired in
accordance with this Agreement and all applicable regulations is no longer
needed for said program, disposition of said equipment will be made as
follows:
1. Items of equipment with a current per unit fair market
value of less than $5,000.00 may be retained, sold or otherwise
disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit
value of $5,000.00 or more may be retained or sold and CITY shall
have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal
funds used to acquire the equipment.
C. CONTRACTOR hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any
claim to rights hereunder or under any document, instrument or agreement
executed in furtherance of the services and activities to be performed
hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and
agreements as may be necessary, in the sole and absolute discretion of
CITY, to vest in CITY all of CONTRACTOR's right, title and interest (if any it
may have) in and to CITY, SAEC, FEZ or other federal, state and/or local
accounts or program funds or allocation of funds to which CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which
were obtained for the purpose of the performance of this Agreement or any
previous agreements relating to the same subject matter or activities as this
Agreement, together with any instruments, loans, grants or advances by
Page 11 of 14
25H-45
CONTRACTOR on behalf of CITY, in furtherance of the activities hereunder
or thereof.
CONTRACTOR's obligations and responsibilities set forth in this paragraph
"XI. REVERSION OF ASSETS." and in paragraphs "XII. TERMINATION"
and "III. PROGRAM INCOME" 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 and/or HUD deems necessary for the
responsibilities, duties and obligations to be performed and completed to the
satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by
either party. In the event of such termination, CONTRACTOR shall only be
entitled to reimbursement for approved expenses incurred to the effective
date of termination.
B. This Agreement may be suspended or terminated by CITY upon five
(5) days' written notice for violation by CONTRACTOR of the terms and
conditions of the this agreement or applicable State or Federal
requirements. In the event of such suspension or termination,
CONTRACTOR shall only be entitled to reimbursement for approved
expenses incurred up to the effective date of suspension or termination.
C. In the event CONTRACTOR defaults by failing to fulfill all or any of its
obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to CONTRACTOR, which default and
termination shall be effective on a date stated in the notice which is to be not
less than ten (10) days after certified mailing or personal service of such
notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of
further liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for
approved expenses incurred for services satisfactorily and timely performed
prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by
CITY in obtaining substitute performance.
D. The grant of funds by CITY to CONTRACTOR pursuant to this
Agreement may be terminated for convenience upon two weeks written
notice to CONTRACTOR.
E. In the event this Agreement is terminated as set forth in
subparagraphs XII.A. through XII.D., inclusive, CONTRACTOR agrees to
immediately return to CITY upon CITY's demand and prior to any
Page 12 of 14
25H-46
adjudication of CONTRACTOR's rights, any and all funds not used, and to
comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic
or fiscal limitations on the use of FEZ funds which limitations are not presently
anticipated. Accordingly, CITY reserves the right to revise this Agreement in order
to take account of actions affecting HUD program funding. In the event of funding
reduction, CITY may, in its sole and absolute discretion, reduce the budget of this
Agreement as a whole or as to costs category, may limit the rate of
CONTRACTOR's authority to commit and spend funds, or may restrict
CONTRACTOR's use of both its uncommitted and its unspent funds. Where HUD
has directed or requested CITY to implement a reduction in funding, in whole or as
to a cost category, with respect to funding for this Agreement, CITY's Executive
Director or delegate is authorized to act for CITY in implementing and effecting
such a reduction and in revising, modifying, or amending the Agreement for such
purposes. Where CITY has reasonable grounds to question CONTRACTOR's
fiscal accountability, financial soundness, or compliance with this Agreement, CITY
may suspend the operation of this Agreement for up to sixty (60) days upon five (5)
days written notice to CONTRACTOR of its intention to so act, pending an audit or
other resolution of such questions. In no event, however, shall any revisions made
by CITY affect expenditures and legally binding commitments made by
CONTRACTOR before it received notice of such revision, provided that such
amounts have been committed in good faith and are otherwise allowable and that
such commitments are consistent with HUD cash withdrawal guidelines.
XIV. 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 CITY's FEZ funds by
CONTRACTOR 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 CONTRACTOR.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of
the State of California, and all applicable federal laws and regulations.
XVI. 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.
Page 13 of 14
25H-47
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year written hereinabove.
ATTEST:
CITY OF SANTA Ana, a municipal
corporation of the State of California
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
CONTRACTOR:
By: Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Stephen G. Harding, Deputy City Manager for
Development Services
Community Development Agency
Name:
Title:
Federal Tax ID:
Page 14 of 14
25H-48
REQUEST FOR
COUNCIL. ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AMENDED AGREEMENT - SYMCO GROUP,
INC. FOR MAINFRAME COMPUTER
MAINTENANCE
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Oniinance on 1 ~` Reading
^ Oniinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMSER
Approve and authorize the City Manager and the Clerk of the Council to
execute the attached 2nd Amendment to Agreement with Symco Group, Inc.,
extending the agreement for one year in an amount not to exceed $85,000
for mainframe maintenance, equipment, and technical services.
DISCUSSION
On June 19, 2006, the City Council authgrized an agreement with the Symco
Group to maintain the Unisys V380 mainframe computer equipment utilized
by the City's financial and business licensing systems. The renewal will
provide for continued maintenance and will allow for the purchase of
additional equipment and services not covered by the maintenance services
of the agreement on an as needed basis. Staff recommends a third one-
year renewal of the agreement.
FISCAL IMPACT
Funds are available in the Information Services account for Other
Contractual Services (account 11-179-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
251-1
i
SECOND AMENDMENT TO
COMPUTER MAINTENANCE AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 2,
2008, by and between SYMCO Group, Inc. ("Vendor") 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-2006-155, dated June 19, 2006, (hereinafter
"said Agreement") by which Vendor has provided computer maintenance services.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
extend the term of said Agreement and increase compensation to pay for services
during the extended term.
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 to Agreement, the parties agree as follows:
1. Pursuant to Section 1, Terms and Conditions the City hereby exercises its second
option to extend the term of said Agreement for an additional one year, through June
30, 2009.
2. Pursuant to Section 3, Compensation, the annual compensation for the 2008-2009
fiscal year shall be increased to $72,052.00, as set forth in Equipment Maintenance
Exhibit 18061995 (REV-2), attached hereto as Exhibit A-2 and incorporated by
reference. City may purchase additional supplies and equipment necessary to keep
the mainframe in operating condition at the rates set forth in Exhibit A-2.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
//
//
//
.,
.~
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 Att- ~ney
By:
Lau a Needy
Assistant City Attorney
CITY OF SANTA ANA
~~c~r, can
FRANCISCO GUTIERREZ
Executive Director -Finance and
Management Services Agency
SYMCO GROUP, INC.
(NAME)
(Title)
w. •
EQUIPMENT MAINTENANCE EXHIBIT
~:
Effective Days Per Week ,~o~r day _,~und6Y ,.„,_„ ,,,ZC On-Site Maintenance
Effective Hours Per Day .QQp~-2~ _ Depot Maintenance
`Effective Date Of Maintenance Agreement 11(~ Reference Number . '~ 80si~ ~95_~~EV-
EQUIPMENT LOCATION
company ~ of Si~Ll~~6_~
...,
Address 20 CIv1~0~~ PIS
State ____ C~J mla Zip 927,E
Telephone . _Y14-647-$968
INVQICE TO
Company City 4f ~ ,
Address . PO i3o~i,2270.~
City _ __ Santa Ana
State S'~,I~Qmj~ dip 92702
Attn:.. _ Purch~s,~g biviglQn M-1 ~,,,,_
251-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AGREEMENT WITH WILLDAN
HOMELAND SOLUTIONS FOR
TRAINING SERVICES
'0' G/ J
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the
attached agreement with Willdan Homeland Solutions, an operating division
of Willdan Group, Inc., to provide training and exercise services in an
amount not to exceed $700,000, subject to non-substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The United States Department of Homeland Security, Office of Grants and
Training has developed the Urban Areas Security Initiative (UASI) funding
program. UASI provides funds to local emergency first responders to
enhance security and overall preparedness to prevent, respond to, and
recover from acts of terrorism. The grant specifically provides funding
for anti-terrorism equipment, planning, training, and exercises. Santa Ana
has been designated as an Urban Area Core City for the fifth year. The
City of Santa Ana has fiscal responsibility for the FY07 UASI grant for the
Santa Ana / Anaheim Urban Area which encompasses the 34 jurisdictions in
Orange County.
In March 2008, requests for proposals (RFP) were sent to vendors for
homeland security related training and exercise consulting services. Three
proposals were received and evaluated for compliance with minimum
requirements, overall responsiveness to the RFP, experience, references,
and total project cost. Willdan Homeland Solutions met all of the listed
specifications for this mandated training.
It is anticipated that the current scope of services developed by the
consultant will differ or expand as the consultant coordinates planning
meetings that seek stakeholder input from the 34 jurisdictions in the Santa
Ana / Anaheim Urban Area. The final determination of training and exercise
consulting services may be adjusted in writing, and executed by the City
Manager and Chief of Police, and by Willdan Homeland Solutions.
25J-1
Agreement with Willdan Homeland Solutions
June 2, 2008
Page 2
FISCAL IMPACT
Funds are available in the FY 2007 UASI Grant fund account (no.125-337-
6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~u~ M. b4alters
Chief of Police
Police Department
Francisco Gutierrez ~i/
Executive Director
Finance & Mgmt. Services Agency
25J-2
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between
WILLDAN HOMELAND SOLUTIONS, 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. City, acting through the Santa Ana Police Department in its capacity as a Core City and
lead agency for the Anaheim /Santa Ana Urban Area under the FY07 Urban Areas
Security Initiative ("UASI"), has applied for, received and accepted a grant from the
federal Department of Homeland Security, Office of Domestic Preparedness, through
the State of California, Office of Homeland Security, to enhance countywide
emergency preparedness, hereinafter referred to as "the Grant".
B. The City desires to conduct a Homeland Security Training and Exercise Program,
collectively "Training and Exercises".
C. Consultant represents that they have the necessary skills and experience to provide
assistance in designing, planning and conducting the Training and Exercises.
D. Consultant has submitted a Proposal which identifies the scope, tasks and general time
lines for providing the services and the costs thereof.
D. 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 design, plan and conduct Training and Exercises for the Anaheim /
Santa Ana Urban Area, in accordance with Consultant's Proposal, attached hereto as Exhibit A,
and incorporated by reference. All services required hereunder shall conform in all respects to
standards for such Training and Exercises issued by the U.S. Department of Homeland Security.
The Parties anticipate that the exercises developed by Consultant as a result of the Training and
Exercise Planning Workshop may differ from or expand the training and exercises anticipated at
this time. The final determination of workshops and training/exercises provided pursuant to this
Agreement may be adjusted, in writing executed by the City Manager and Chief of Police, for
City, and by Consultant.
The parties anticipate that additional training and exercises will be planned and executed
during the term of this Agreement. The City Manager and Chief of Police for the City of Santa
Ana are hereby authorized to approve such additional training and exercises, in writing, as they
determine will fulfill the objectives of the Grant.
Page 1 of 11
25J-3
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 $700,000 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing the completion of milestones as set forth in Exhibit A, subject to City
accounting procedures. Payment need not be made for work that fails to meet the standards of
performance set forth in the Recitals that may reasonably be expected by City.
3. USE AND OWNERSHIP OF DOCUMENTS
It is understood by and agreed to between the parties that all documents, outlines,
materials distributed during classes, and any other written papers or materials prepared for the
presentations hereunder, paid for with Grant funds, or composed utilizing information provided
by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon
completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such
property for its own business purposes so long as such use is not contrary to the interests of Santa
Ana.
4. TERM
This Agreement shall commence on the date first written above and terminate on
satisfactory completion of all training and exercises and submission of required evaluation and
After Action Reports to the City, which the parties agree should be substantially complete on or
before March 1, 2010.
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 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 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:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
Page 2 of 11
25J-4
additional insureds) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting there from and damage to property,
resulting from any covered act or occurrence arising out of Consultant's operations in the
performance of this Agreement. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting there
from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall
supply City with a fully executed additional insured endorsement to be approved in form by the
City Attorney.
b. 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.
c. Professional Liability Insurance. If Consultant is or employs a licensed professional
such as an architect or engineer, Consultant shall provide professional liability (errors and
omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not
less than $2,000,000 annual aggregate.
d. 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 without
thirty (30) days prior written notice to the City. Ten (10) days notice if
cancellation is due to non-payment of premium.
e. 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.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and special counsel from liability for personal injury, or just compensation, arising
out of claims for personal injury, including health, and claims for property damage, to the extent
they arise from the negligent or willful misconduct in the performance of operations or errors or
omissions 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.
Page 3 of 11
25J-5
Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique
to the act, and the actions that may be taken in controlling, preventing or suppressing acts of
terrorism are unique to the act, Consultant is not responsible to City for designing or advising on
or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any
action which may be taken in controlling, preventing, suppressing or in any way relating to an
act of terrorism.
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
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:
Santa Ana Police Department
UASI /Homeland Security Division
Page 4 of 11
25J-6
60 Civic Center Plaza
P.O. Box 1981 (M-97)
Santa Ana, California 92702
Telefacsimile (714) 245-8745
Attn: Brian Whitley
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 Consultant: Jim Bailey
Willdan Homeland Solutions
2401 East Katella Avenue, Suite 220
Anaheim, California 92806
telefacsimile (714) 940-4930
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, 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 parry, 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
Page 5 of 11
25J-7
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 that 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.
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 Ma 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. CONSULTANT CERTIFICATIONS
Page 6 of 11
25J-8
a. Audit Records -With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency and/or their duly
authorized representatives for a period of three (3) years from the termination of this Agreement.
For a period of three years after final delivery hereunder or until all claims related
to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain
all documents, papers and records relevant to the services provided in accordance with this
Agreement, including the Attachments hereto. For the same time period, Consultant shall make
said documents, papers and records available to City and the agency from which City received
grant funds or their duly authorized representative(s), for examination, copying, or mechanical
reproduction on or off the premises of Consultant, upon request during usual working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to
provide to the agency from which City received grant funds or other persons or agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) -All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be
excluded from the participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives or benefits from
federal financial assistance. The Consultant agrees it will ensure that requirements of The Act
shall be included in the agreements with and be binding on all of its contractors, subcontractors,
assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with
all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
e. Political Activity -None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office, or otherwise in violation of the
provisions of the "Hatch Act".
f.. Civil Rights Compliance and Notification of Findings -Consultant will comply,
and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended;
Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR
Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State
administrative agency, or the Consultant makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the Consultant will forward a copy of the findings to the City which will, in
Page 7 of 11
25J-9
turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S.
Department of Justice.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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, a municipal
Corporation of the State of California
ATTEST:
Patricia E. Healy
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
WILLDAN HOMELAND SOLUTIONS
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
JIM BAILEY
Vice President
Tax ID#
Page 8 of 11
25J-10
EXHIBIT A
PROPOSED ACTIONS
Willdan is committed to providing the Anaheim/Santa Ana Urban Area (ASAUA)
homeland security exercise program with the same outstanding level of practical,
responsive, and forward -looking support it has received in the past. We can make this
assertion, in part, because our proposed Program Manager, Jim Bailey, and his core
team staff-including Wendy Kleinman, Mike Hooper, and Alberto Martinez-have
served as the primary contractor support staff to the ASAUA homeland security exercise
program for the past 3 years. Their insights into the ASAUA's needs, objectives, and
operating procedures are unrivaled, and their ability to advise and support the ASAUA
matchless in its degree of practicality and quality.
The ASAUA Multi-Year Training and Exercise Plan is a three-year plan that
incorporates training and exercise evnets. The scheduling of training and exercise
events incorporates the building block approach and synchronizes the related homeland
security training events with their respective exercises.
The Willdan team will provide the following services in support of the Anaheim/Santa
Ana Urban Area Training and Exercise Program during FY 2008/09:
A. Improvement Plan (IP) Workshop. The IP Workshop will be the
commencement of the Multi-Year Training and Exercise Program. This workshop
will gather Improvement Plan data, specifically areas of improvement and
corrective actions, from previous exercises and real-world events for the follow-
on Training & Exercise Planning Workshop. The IP Workshop will be a one-day
(8 hour) exercise and will include approximately 50 participants, selected by City,
from the region's USAR, forensics/coroner, public information, hospitals, and the
private sector. The Willdan team will be responsible for logistical considerations,
including food and beverages, exercise materials (badges, signage, and
handouts) and providing an experienced facilitator. Cost: $4,860.00
B. Training 8~ Exercise Planning Workshop (TEPW). This workshop will help lay
the groundwork for many of the activities that take place in Year 1 and beyond.
The TEPW is a strategy session that will solicit input from all stakeholders and
draft the Three-Year Training and Exercise schedule. The goal of the 8-hour
workshop will be to coordinate training and exercises among partners, thereby
avoiding duplication and pooling resources. The TEPW should include many, if
not all, of the same 50 participants that attended the IP Workshop. We will be
responsible for logistical considerations during the TEPW, including food and
beverages, exercise materials (badges, signage, and handouts) and providing a
facilitator and adequate support staff. Cost: $4,860.00
C. Basic Emergency Operations Center (EOC) Training Course. The Basic EOC
Training Course will be the first instructor-led educational opportunity for the
ASAUA, during Year 1 activities. The 24-hour course will be delivered four (4)
Page 9 of 11
25J-11
times to the Urban Area, allowing more than 160 personnel to be trained during
the first year of the program. Willdan will supply the course materials,
instructor(s), food and beverages, and miscellaneous items (badges, name tents,
signage). The course is approved through both P.O.S.T and the California Office
of Homeland Security. This introductory course provides participants with the
necessary instruction to function in local government EOCs using NIMS/BEMs
procedures and guidelines. Topics include:
The essential elements related to an EOC and how the local EOC
coordinates with regional, state and federal entities.
The principles associated with disaster management, role of the EOC and
goals of emergency/disaster management.
• Principles for an effective EOC operation.
• Multi-Agency Coordination System principles of NIMS and the application
to an EOC.
The functions, responsibilities and procedure for EOCs including
activation, operations and demobilization phases.
• The coordination and support roles of the EOC to the Field Incident
Command System. Cost: $106,992.00
D. Tabletop Exercise Series. The tabletop series proposed for Year 1 will utilize a
common scenario (TBD) but will be tailored for each region and/or jurisdiction.
There will be nine (9) deliveries of the tabletop exercise with each running eight
(8) hours in duration. Approximately 120 participants may attend each of the
deliveries, allowing ample representation from traditional (law enforcement, fire
services, emergency management) and non-traditional first responders (public
works, public health, private sector). This tabletop exercise will be the first step in
the Urban Area's building block approach, with future exercises utilizing similar
components. The Willdan team will be responsible for providing facilitators,
support staff, sufficient amounts of exercise materials (situation manuals,
evaluation forms, badges, registration materials) and providing food and
refreshments. Cost: $342,788
E. Forensic Mutual Aid Plan Workshop. The Forensic Mutual Aid Plan Workshop
will be a one-day exercise (8 hours) that will build upon the success of the 2007
exercise series. The workshop goal is to continue discussions and development
of a regional or statewide forensics mutual aid plan. The Forensic Mutual Aid
Plan Workshop will be delivered once and will include the participation of
approximately 60 stakeholders. During the workshop, Willdan will provide all
logistical needs to include exercise materials (workshop manual, evaluation
forms), identification (badges, name tents) and will be responsible for food and
beverages. The After Action Report from this exercise will provide a blueprint for
the continued development of the plan, or possibly a draft forensic mutual aid
plan. Cost: $22,500
Page 10 of 11
25J-12
COMPENSATION
Compensation will be paid on a milestone basis as follows:
Milestone Payment
1. Completion of Improvement Plan Workshop and 50,000
Training and Exercise Planning Workshop $
2. Completion of all Initial Planning Conferences for
Each of the exercises in the Tabletop Exercise Series $150,000
3. Delivery of the four (4) EOC Training Courses $150,000
4. Delivery of the After Action Reports for the Tabletop
Exercise Series and the Forensic Mutual Aid Plan $132,000
Workshop
Total $482,000
Additional exercises may be provided upon the mutual agreement of the parties.
Such additional services will be compensated as set forth in a written agreement
executed by the parties prior to the commencement of such additional services.
Page 11 of 11
25J-13
25J-14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AGREEMENT WITH DAVIDHARTL.COM
FOR CONSULTING AND TRAINING
SERVICES
'~.
C ANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the
attached agreement with davidhartl.com, formerly known as General Learning
Climates, to provide consulting and training services in an amount not to
exceed $60,000, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Davidhartl.com, formerly known as General Learning Climates, Inc. (GLC),
has provided consulting and training services to the Police Department for
several years in the areas of team building, organizational development and
goal setting sessions for managers and staff, In addition, davidhartl.com
provides evaluations of the department's Community Oriented Policing
strategies. Staff recommends entering into a new agreement to include
services that will further strengthen the department's organizational
structure by enhancing quality implementation, internal systems, and
communications.
FISCAL IMPACT
Funds will be available in the FY 2008-2009 Police Department Other
Contractual Services account (no. 11-331-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
1 M.~lters
C ief of Police
Police Department
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
25K-1
--~K~*~1-.i Ll~i ~-~ia~r
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
J
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between
davidhartl.com, 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
team building, organizational development, goal setting and policy implementation.
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 policy implementation and planning and meeting facilitation
services and assist in defining organizational issues and enhancing internal communications
within the Santa Ana Police Department, as set forth in Exhibit A, attached to this
Agreement, and incorporated by this reference. Said services shall be provided based on a
written request signed by the Chief of Police.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an
hourly fee of one hundred, seventy-five dollars ($175.00). The total sum to be expended under
this Agreement shall not exceed $60,000.00 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 set forth above and terminate upon
expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below.
25K-2
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 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 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. Due to the nature of services provided, Commercial General Liability Insurance is not
required.
b. 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.
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
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,
25K-3
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement.
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
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Santa Ana Police Department
Administrative Services
60 Civic Center Plaza (M-97)
P.O. Box 1981
Santa Ana, California 92702
telefacsimile (714) 245-8007
25K-4
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 Consultant: davidhartl.com
Dr. David Hartl
P.O. BOX 2788
Orange, California 92869
telefacsimile (714) 544-5061
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
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.
25K-5
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.
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
25K-6
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
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
PAUL M . WALTERS
Chief of Police
DAVID N. REAM
City Manager
davidhartl.com
DAVID HARTL
Tax ID#
25K-7
EXHIBIT A
SCOPE OF SERVICES
Consultant shall, as requested and in collaboration with the Chief of Police or his designated
representative, provide consultation and training in the following areas:
POLICY ANALYSIS
Assessing the impact of implementation of policies designed to improve the quality of services
provided by the Santa Ana Police Department.
2. CONSULTATION SUPPORT
Providing assistance with managing the changes required as the organization undergoes ongoing
transformation to continuous quality management and services. Providing assistance with
insuring that the organizational climate supports the values of integrity, community safety and
security, community participation, courteous and efficient service and organizational growth.
3. TRAINING SUPPORT
Providing in-house training and team development experiences for organizational executives,
managers, supervisors and employees to support the transformation of services to a quality basis.
25K-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AGREEMENT FOR PREVENTIVE
MAINTENANCE AND REPAIRS OF
MECHANICAL AND HVAC SYSTEMS
CITY NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve and authorize the City Manager and the Clerk of the Council to
execute the attached Amendment to Agreement with ACCO Engineered Systems
for maintenance and repair services in an annual amount not to exceed
$165,000, subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The Building Maintenance Division of the Finance and Management Services
Agency maintains approximately 50 buildings, including fire stations,
recreation and community centers, libraries, City Hall, the Police
Administration building, and the Corporate Yard. These public buildings,
ranging from ten to 50 years old, require various levels of service for
complex mechanical systems, including heating and air conditioning
equipment. To maintain these systems in good working condition, it is
vital to have preventive maintenance and repair service available,
including periodic inspection of chillers and boilers and repair of
equipment on an as-needed basis. Of the recommended action, $120,000 is
allocated to support the Police Administration and Holding facility HVAC
equipment. These services ensure that City mechanical systems operate
efficiently and safely, and meet all applicable laws and regulations.
Upon the completion of an RFP process for this service, on June 5, 2007,
the City Council approved an agreement with ACCO for a one-year period,
with provision for three one-year renewals. The vendor has performed
satisfactorily during the past contract period and staff recommends
approval for the first renewal of the agreement.
25L-1
Agreement for Maintenance of Mechanical Systems
June 2, 2008
Page 2
FISCAL IMPACT
Funds are available in the Police Department Building & Facility, and the
Finance Agency Building Maintenance accounts (nos. 11-350-6291 and 73-105-
6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~,,dd~--
M. Walters
f of Police
QOM ~ ~ r iLa ~. ~
~,~Francisco Gutierrez ~~
Executive Director
Finance & Mgmt. Services Agency
25L-2
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 2, 2008, by
and between ACCO Engineered Systems, Inc., a California corporation ("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 that certain Agreement #A2007-129, dated June 4, 2007, (hereinafter
"said Agreement") by which Contractor has provided maintenance and repair of heating and
ventilation systems in City facilities.
B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the
term for an additional one-year period and increase compensation to provide for continuous
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 Second Amendment to
Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"a. City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit A to said Agreement. The
total sum to be expended under this Agreement shall not exceed $165,000.00,
annually, during the term of this Agreement."
2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
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
CITY OF SANTA ANA
DAVID N. REAM
City Manager
ACCO ENGINEERED SYSTEMS, INC.
By: (NAME)
Laura Sheedy, Asst. City Attorney (Title)
25L-3
25L-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNG 2, 2008
TITLE:
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 the City Manager anti clerx of the Council to execute the
attached amendment to the agreement with Econolite Traffic Engineering
and Maintenance, Inc. (Econolite) in the amount of $130,000 for a maximum
contract amount not to exceed $780,000 for the fiscal year 2007-2008 and
approve a one year extension in an amount not to exceed $650,000, subject
to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
On August 1, 2005, City Council awarded a three-year agreement to
Econolite for the routine and extraordinary maintenance of traffic
signals and street lights in the amount of $650,000 per fiscal year. This
agreement includes a provision for two one-year extensions.
In Fiscal Year 2007-2008 there was a need to complete construction of
three traffic signal modifications within a very short time. Econolite's
services were used to install these traffic signal projects which
increased the cost of annual traffic signal contract. In addition,
outages in the Floral Park neighborhood required additional street light
maintenance services.
This amendment will increase the agreement amount to cover the routine
traffic signal and street lighting maintenance expenses projected until
the end of current contract which ends on August 31, 2008. Since
Econolite has performed well during the last three years and their
pricing is competitive, staff recommends that the City exercise its
option to extend the agreement for one additional year.
25M-1
AM8NDM8NT TO AGR88M8NT PITH
BCONOLITB FOR TRAFFIC SIGNAL AND
3TR88T LIGHTING MAINTBNANCB
sBRVICBs
First Amendment to Agreement -
Traffic Signal and Street Light Maintenance
June 2, 2008
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Public Works Agency accounts for Traffic
Signal Maintenance M & R Improvements (account No. 11-621-6271) and
Street Light Maintenance M & R Improvements (account No. 11-625-6271).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. oss Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
25M-2
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT, is entered into on June 2, 2008,
by and between Econolite Traffic Engineering and Maintenance, Inc., a California
corporation (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-2005-200, dated August 1, 2005, (hereinafter
"said Agreement") by which Contractor has provided preventive and extraordinary
maintenance of traffic signal systems, advanced traffic management systems and street
lighting systems.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
increase compensation to provide for extraordinary expenses during the current term
and to extend the term 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
First Amendment to Contractor Agreement, the parties agree as follows:
Section 2.a., COMPENSATION, shall be amended to increase compensation by
$130,000.00 for a total not to exceed amount of $780,000.00 during the term from
September 1, 2007 through August 31, 2008, adopt a new fee schedule effective
September 1, 2008, and allocate funds in the amount of $650,000.00 for the extended
term, as follows:
"a. For those services provided through August 31, 2008, City agrees to pay, and
Contractor agrees to accept as total payment for its services, the rates and charges
identified in Contractor's Fee Proposal, attached to said Agreement as Exhibit B.
For services provided on or after September 1, 2008, the parties agree that the
rates and charges shall be increased five percent (5%) as set forth in Exhibit B-1,
attached hereto. The total sum to be expended under this Agreement shall not
exceed $650,000.00, per fiscal year, during the term of this Agreement.
Notwithstanding the foregoing, an additional $130,000.00, for a total not to
exceed amount of $780,000, shall be allocated to said Agreement for
extraordinary maintenance services during the term from September 1, 2007
through August 31, 2008."
2. Section 3, TERM, shall be amended to extend the term for an additional one-year
period running September 1, 2008 through August 31, 2009.
25M-3
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
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
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
DAVID N. REAM
City Manager
ECONOLITE TRAFFIC
ENGINEERING AND
MAINTENANCE, INC.
RODNEY MATHIS
President /Chief Operating Officer
25M-4
EXHIBIT B-1
CITY OF SANTA ANA PRICE LIST
Effective Date 1 September 2008
Routine Maintenance -per unit
Traffic Signal $61.79
Flashing Beacon $36.75
CCTV $68.25
CMS $68.25
HAR $47.25
Flashing Crosswalk $25.20
2500 Lumen Lamp $3.41
6000 Lumen Lamp $4.20
Extraordinary Maintenance
Markup -material /labor 15%
Description Regular Overtime Double time
Per hour per hour per hour
Superintendent $78.75 $90.30 $111.30
Engineering Tech. $86.10 $113.40 $141.75
Laboratory Tech $63.00 $82.95 $102.90
Maint. Tech. -Lead $65.10 $86.10 $107.10
Maint. Tech $54.60 $68.25 $84.00
Utility Tech -Lead $86.10 $113.40 $141.75
Utility Tech $65.10 $86.10 $107.10
Lead High Voltage Tech $86.10 $113.40 $141.75
Service Laborer $64.05 $85.05 $104.74
Street Light Tech $49.35 $65.10 $80.85
Labor & Material
6x6 circular loop (4 or less) $299.25
6x6 circular loop (more than 4/intersection) $288.75
6 circular loop (24 or less w/in mile) $288.75
6 circular loop (25-48 w/in mile) $288.75
6 circular loop (49+ w/in mile) $283.50
Install #3 pull box $246.75
Install #5 pull box $283.50
Install #6 pull box $393.75
Install City Furn. NEMA CMU $719.25
Install City Furn. P44 TS Cabinet $1,391.25
Install City Furn. 332 Cabinet $1,391.25
Install ADA PPB $81.90
Install Reflective SNS $603.75
Test TS cabinet (not environmental) $787.50
Paint Traffic Signal Cab $315.00
Paint Vehicle Head $61.95
Paint Pedestrian Head $38.85
Paint Single Globe Street Light Pole $260.40
Paint Double Globe Street Light Pole $288.75
Paint 30' Steel Street Light Pole $341.25
25M-5
City of Santa Ana Price List (cont)
Equipment
Description
Per Trip Job
Pickup Truck
Service Truck
Service Ladder Truck
Boom Ladder Truck
50' Height Boom Truck
Crane Truck
Water Truck
Dump Truck
Big Concrete Saw
Complete Paint Rig
Air Compressor w/Tools
Trencher & Backhoe
Vacuum Truck
$36.75
$36.75
$52.50
$52.50
$89.25
$315.00
$157.50
$157.50
$84.00
$105.00
$105.00
$719.25
$257.25
25M-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JIINS 2, coos
TITLE:
PURCNASS AGR88I~SNT FOR 605 S.
BRISTOL 3TRS8T (PROJECT 06-1500)
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
Authorize the City Manager and Clerk of the Council to execute the
attached purchase agreement with Fredi Marrero in the amount of $131,400,
subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCIISSION
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,
Marrero property, located
proposed partial will affect
the building. The owner will
proposed right-of-way.
SNVIRONMgNTAL IMPACT
it is necessary to acquire a portion of the
at 605 S. Bristol Street (Exhibit 1). The
only the landscaping area and will not impact
relocate the existing improvements within the
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. 89-01 approved by City Council in 1990.
25N-1
Purchase Agreement
June 2, 2008
Page 2
FISCAL IMPACT
for 605 S. Bristol
Funds are appropriated in the Select Street Construction Fund (account no.
59-553-6611) .
/ l
ames G. Rosa
xecutive Director
ublic Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
u -m
Francisco Gutierrez FB
~xecutive Director
Finance & Mgmt. Services Agency
25N-2
MATCHLINE
BOTTOM RIGHT
RAYMAR
~ AVENUE
TOLLNER
I
MCFADDEN AVENUE
(~1 '(~I
LEGEND
SUBJECT PROPERTIES
® ACQUIRED PROPERTIES
WALNUT ST.
PINE ST
WILLfTS BISHOP
MATCHLINE
SEE ABOVE LEFT
EXHIBIT 1
i
~ SANTA ANA CITY -1-tTLE; PURCHASE AGREEMENT FOR ',!
PAW A'1 AGEI~A DATE PORTION OF
V JUNE Z 2008 605 S. BRISTOL STREET
(PROJECT 06-1500)
25N-3
25N-4
PURCHASE AND SALE AGREEMENT FOR ACQUISiTIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on , 2008,
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and
Fredi Marrero (hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their promises, covenants and agreements
hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth,
Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real
property located in the State of California, County of Orange, City of Santa Ana (hereinafter
"Said Real Property") described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as portion of 1248 West Bishop Street, Santa Ana, California)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of
the following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Convevance ~ Seller. Seller agrees to convey Said Real Property to City, by Grant
Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa
Ana, California, within thirty (30) days from and after the date on which the City has approved
this PSA.
2. Title to be Convened. Seller agrees that, except as may hereinafter be otherwise
expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free
and clear of any and all conditions, restrictions, reservations, exceptions, easements,
assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general
or specific, including any and all leasehold interests), liens, clouds or defects in title, except
those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said
Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller
further agrees that acceptance by City of any deed to Said Real Property, with or without
knowledge of any condition, restriction, reservation, exception, easement, assessment, profit,
limitation, encumbrance (whether monetary or non-monetary, general or specific, and including
any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City
of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of
any right which might accrue to City because of the failure of Seller to convey title as
hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of
Said Real Property to City, within the time and at the place hereinabove specified for said
conveyance of Said Real Property, a policy of title insurance to be issued by the above
mentioned title company, with the City therein named as the insured, in the amount of ONE
HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS
($131,400.00) insuring City's title to Said Real Property is free and clear of any and all
conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
Page I of 9
Seller's Initials
25N-5
encumbrances (whether monetary or non-monetary, general or specific, and including any and
all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may
hereinafter expressly agree to take subject to. Acceptance by City of any such policy of
insurance, whether such insurance complies with the requirements of this paragraph or not,
shall not constitute a waiver by City of its right to such insurance as is herein required of Se}ler,
nor a waiver by the City of any rights of action for damages or any other rights which may
accrue to City by reason of the failure of Seller to convey title or to provide title insurance as
required in this PSA.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, Califomia, (hereinafter "Escrow Agent") within five
(5) days from and after the date on which the City has approved this PSA. This PSA
constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this
PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close
within 120 days after Owner's execution of this PSA, but in any event, not later than September
30, 2008.
Escrow Agent is empowered to act under this PSA and upon indicating its acceptance of this
Section 4 and of the General Provisions described in Exhibit "B" attached hereto and
incorporated herein by this reference, in writing, delivered to the City and to the Seller within five
(5) days after delivery of this PSA shall carry out its duties as Escrow Agent hereunder.
City agrees to bear, and Escrow Agent is hereby authorized to charge to the City, the cost of
any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document
preparation fees, escrow fees and any other closing costs incidental to the conveying of Said
Real Property to City. Penalties for prepayment of bona fide obligations secured by any
existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section
1265.240.
The liability of Escrow Agent under this PSA is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General
Provisions of this PSA.
5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal
year within which Said Real Property is conveyed to City as are unpaid at the time of said
conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the
Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund
under Section 5096.7 of the Revenue and Taxation Code of the State of California for that
portion of property taxes on Said Real Property for said fiscal year which have been paid prior
to the date the deed conveying Said Real Property to City is recorded which is allocable to that
portion of the fiscal year which begins on the date the deed conveying Said Real Property to
City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue
and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any
and all years prior to the fiscal year within which said conveyance is made shall be paid by
Seller before conveyance of Said Real Property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept
from City, as and for the full purchase price for Said Real Property, including fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), severance damages (if any),
and bonus value (if any), the total cash sum of ONE HUNDRED THIRTY ONE THOUSAND
Page 2 of 9
Seller's Initials
25N-6
FOUR HUNDRED AND NO/100 DOLLARS ($131,400.00. Seller agrees to remove the
perimeter wrought iron fencing on Said Real Property on or before September 30, 2008. Any
future relocation of said perimeter fence shall be paid for by Seller and shall be pertormed in
accordance with all applicable laws and City ordinances then in effect.
City agrees to deposit said purchase price in escrow with the Escrow Agent within Sixty (60)
days from and after the date on which the City has approved this PSA, and the Escrow Agent is
hereby authorized to pay said purchase price to Seller only after or concurrent with the
satisfaction of the following conditions precedent:
(a) Conveyance of Said Real Property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying Said Real Property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Grant Deed conveying Said Real Property to City.
7. Possession. Seller agrees to deliver quiet and peaceful possession of Said Real
Property to City on the date the Grant Deed conveying title to Said Real Property is recorded
with the Office of the County Recorder for Orange County. Seller agrees to have all personal
property removed from Said Real Property on or before September 30, 2008.
8. Blank. This section intentionally left blank.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein
contained shall not be deemed or held to be a waiver of any subsequent or other breach of said
covenant or agreement nor a waiver of any breach of any other covenants or agreements
contained herein.
10. Heirs. Assions. Successors in Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all
payments hereunder to be made, time is and shall be of the essence.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized
agents, permission to enter upon Said Real Property at all reasonable times prior to close of
escrow for the purpose of making necessary inspections.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for Said Real Property, including fixtures & equipment
(improvements pertaining to the realty}, goodwill (if any}, severance damages (if any), and bonus
value (if any).
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The
mailing address of the Seller is:
Page 3 of 9
Seller's Initials
25N-7
1248 West Bishop Street
Santa Ana, California 92703
15. Exceptions. City agrees to accept title to Said Real Property subject to the following:
NONE
16. As~reement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said
Real Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored,
or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous
Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or
from the Property. Seller shall not cause or permit the presence, use, generation, release,
discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any
local governmental authority, the State of California, or the United States Government,
including, but not limited to, any material or substance which is (i) defined as a "hazardous
waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115,
25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance"
under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material", "hazardous substance", or "hazardous waste" under Section 25501 of the California
Heath and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed
under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of
Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a
"hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317),
(x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous
substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited to,
the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
Conservation Recovery and Comprehensive Environmental Response Compensation and
Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
ordinances of the city within which the subject property is located, the California Department of
Health Services, the Regional Water Quality Control Board, the State Water Resources Control
Board, the Environmental Protection Agency, and all applicable federal, state, and local
Page 4 of 9
Seller's Initials
25N-8
agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
disposal of any Hazardous Material on, under, in or about, or the transportation of any such
materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
about, to or from, the Property. This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property damage, compensation for lost wages, business income, profits or other
economic loss, damage to the natural resource or the environment, nuisance, pollution,
contamination, leak, spill, release, or other adverse effect on the environment). This indemnity
extends only to liability created prior to or up to the date this escrow shall close. Seller shall not
be responsible for acts or omissions to act post close of this escrow.
20. Continpency. It is understood and agreed between the parties hereto that the
enforceability of this PSA, and the escrow created hereby, is contingent upon the express
acceptance and approval of this PSA by City. The execution of this PSA by City, and the
delivery of same to Escrow Agent, shall constitute said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in
writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall
have no effect, but all the remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
24. Governins~ Law. This PSA shall be governed by and construed in accordance with the
laws of the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal
advice from its attomeys with respect to the divisibility of executing this PSA and the meaning of
the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and
not for or against any party based upon any attribution to such party as the source of the
language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the
other, execute and deliver such further documents (in form and substance reasonably acceptable
to the party to be charged) and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this PSA, without cost.
Page 5 of 9
Seller's Initials
25N-9
28. Aaglicability of Aareer~ent To Assis~nees. This PSA shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties to this PSA.
29. Authority to Execute As~reement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this PSA, 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.
IN WI"fNESS WHEREOF, the Parties have executed this PSA as of the date first written
above.
OWNER:
By:
Fredi Marrero
CITY OF SANTA ANA:
By:
David N. Ream
City Manager
ATTEST:
By:
Patricia E. Healy
Clerk of the Council
Date: , 2008
Date: , 2008
Date: , 2008
APPROVED AS TO FORM:
13y. Date: /~ ~ ( , 2008
Sandonral
anaging Senior Assistant City Attorney
Page 6 of 9
25N-10
Seller's [nitials
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
Llr4AL QEBCRIP7I~N
;ARN @tfh2di•abtl
TtIJ~T' Gib I"h!N Pr~R~i iQF F.148tD IN THE Ca1T'~f L~F R04NTA AHA, bOt1~fTY Of
CR~Nf3E. 8'TA,trr t~ C.~4LIFCIRl~lU1. BEINSI A PQRTFQH OF TAE WE>~TEFa.M' ~0~4 4D
I:EE'T bF TF~ NiSRTF~Fiif.Y t;8+1.Q11 FEAT bR THE SbLITN bNE+lA1F bF TF+E
;~D4~THWEST QTER OF T1# N+Of#THWEST flR~.1~T1:R OF ~E~GTK7~ ~3:
TO'W>y9NIP ~! SGfJTW, 1d~ 4iw~T, S111MI e~ 141~RIDIAf~ hgfi!
13A1rtT1i~P.RLY DEtiCRIgEI~ J+.9 FULI~WM&
9Ei'rI1AIMINQ 1+~7 TH>* fNT'ER$ECTIDN QF TIiF SOUTHERLY LINE qF EAIb PR~CEI.
~f3P LI~FtCi ~N1TH TWE ErrSf'~Llf RUGMT CIF VIt1CY bF BRsSTbL ~TRffT, hS SHIDrMM
THE lI41i' OF TILT !4'TQ. ~C~QR~lEia 1N BQ~e]K +04, PAQE Z5, I'tECQRDB CJF
Sa1u~9 r~l.ihiTY
Tr~cE AL{?NG Ewa EASTERLY RIflFtT of W`J-Y L.wE. h-ORTH a•se';~I" EAST
i K3.96 FEET TO THE SOUTHERLY R1tGHT GR VrrAh~ Llfv! 4)f STREET;
TY!IENCE ~1L4NG S~SiD SOIITIHERL1t RK;tiT flF 1A'AY LINE, SCitJTH 88'S+1'2Y' EAST
78 4S FEET:
T1~.T~eE $4UTl~i +k~"~^'1G' V1~E,~iT ~1 OEp Tip A LINE PARAiLL~t ~Ml'H AHD 53.19D
FEfT EAS'ffRLY, NIF.ASUM~ 11T R~GF(T pf+K~ES, l~ THE CENTERLINE QF 3AID
t3R~3T1pL STR'E~:
THENCE ALANid S+WP PARAI,i,E~ t,tNE, TF1 $'38';3' ~S'T 139:81 FEET T'C?
TFf SbIJTlifRLY LIME 4F $IUD 1?AkCEL OE LAND.
Ti#TIGf ,LONG SAID SC?UTHE"FIUf L#+IE. NC~TH 88'51'22" UVE3T 13.5A FIrET TO
'r'1# ~Ifl'r ~ EEt~'iNN1NG.
'fHE Aar diESS~RIEECt Pv+~GEL l'7F LAND CONTA~IS 2,140 $DUAR1~ FEET
la ~ aa~eg~, -wR~ oa LEBa.
.ALI. A$ 9H(7W1+t 4N E7IHIBIL '~', J4TT~C~.O fiERETO RIVE? IV1AbE Al #yA1~tT
TI#RESJF
THiB t pR4F'ER'TY CEBG~IP'TIOM HAS Bid T+FtERA~ SY h9r UFi BINDER
Mfr'tlf S7H#ECTi4ii lla CONFbR1ArSlICE Vai'FH Ti~iE PRbFES81QNAL LAND
~5&JfiiVEYt]R'S ArCF.
ate` ~ ~r~''~3~~7
1iICHARfO C. F~4VhiER. P_L.S. 7',~1BI+f L1V4TE
LICENSE >_x,s 13.a~1-0x
APN: 010-281-01
Page 7 of 9
Seller's Initials
25N-11
~T T'iC~ ~C'rC.~lr+l~'rwi+~hr~ 6.L. LI~C~t
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~'kl~ FIt71M P"ER
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'ti`ir~'~j~~~:.= ~' i'~ ~ .:
5CA~E• !' - x0' r+~Elb ~.:4q ~d r G,q'54:~ Al. r
hCQMf Itii? ~i,1it7 n, Itt ~ . ~
:7`-P+t A~a~ Strn! S~~a. C '+HIS !~< ACLII~FY+NIE:S .~ IECAL L1E,5k~T CM ~
W-rt Fp+~ G+l 9t~:'~'+ 4+RtiT aR U"1lER MY DfFEGTtIT1 I Imo.
FC»' 31+1•• i 101-57.17 1113. ~,$!Ti
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~1~t ~1~-~~~ ~t ~wa~ ~ «a-t[~, p~~ a~~.~ ~aTr
Page 8 of 9
Seller's Initials
25N-12
EXHIBIT "B"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check or electronic funds transfer. All funds
received in this escrow shall be deposited in one or more of Escrow Agent's general escrow
accounts with any bank doing business in the State of California and may be transferred to any
other general escrow account or accounts. The expression "close of escrow" means the date
on which the transferring instrument(s) referred to herein are filed for recordation with the Office
of the Orange County Recorder. All prorations shall be made on the basis of a 30-day month
360-day year. Recordation of any instruments delivered through this escrow, if necessary or
proper in the issuance of a policy of title insurance, is hereby authorized by the Parties to this
transaction.
There shall be no prorations of any existing insurance policies in this escrow.
Escrow Agent is to furnish a copy of these instructions, including any amendments thereto,
closing statements, and/or any other documents deposited in this escrow, to the lender or
lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this
transaction upon request of such lenders, brokers or attorneys.
Should Escrow Agent, before or after close of escrow, receive or become aware of any
conflicting demands or claims with respect to this escrow; or to the rights of any of the Parties
hereto; or about any money or property deposited herein, then Escrow Agent shall have the
right to discontinue any or all further acts on its part until such conflict is resolved to its
satisfaction, and Escrow Agent shall have the right to commence or defend any action or
proceeding for the resolution of such conflict. The Parties to this escrow jointly and severally
agree to pay all costs, damages, judgments and expenses, including reasonable attorney's
fees, suffered or incurred by Escrow Agent in connection with, or arising out of, this escrow
including, but without limiting the generality of the foregoing, a suit in interpleader initiated by
Escrow Agent. In the event Escrow Agent should file a suit in interpleader, Escrow Agent shall
be fully released and discharged from all obligations imposed upon it by this escrow.
If for any reason funds are retained or remain in escrow, Escrow Agent shall be entitled to
deduct therefrom a reasonable monthly charge of not less than $10.00 per month as an
administrative fee.
Time is of the essence with regard to the execution of these general escrow instructions. If
Escrow Agent is unable to comply with these instructions within the time specified herein, and if
additional time as is required to make an examination of the official records, Escrow Agent shall
return all documents, money, or property to the party entitled thereto upon satisfactory written
demand and authorization. Any amendment or supplement to these instructions must be in
writing, signed by all Parties to this transaction.
These escrow instructions, and any amendments thereto, may be executed in one or more
counterparts, each of which independently shall have the same effect as if it were the original,
and all of which taken together shall constitute one and the same instruction.
Page 9 of 9
Seller's Initials
25N-13
25N-14
~~
REQUEST FOR _
COUNCIL ACTION E°°"°`°"''~
CITY COUNCIL MEETING DATE:
JTJNE 2, 2008
TITLE:
DESIGN ENGINEERING SERVICES FOR
ENERGY CONSERVATION IMPROVEMENTS
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 Siemens Building Technologies in an amount of
$50,000, subject to non-substantive changes approved by the City Manager
and City Attorney to provide final design engineering services for the
implementation of energy conservation improvements to City buildings and
parks facilities.
DlscvssloN
The City continues to focus on energy conservation. In 2003 the City
completed a comprehensive project that included lighting retrofits, HVAC
improvements, window replacements, digital control systems, boiler
replacements, installation of variable speed drives and a pool cover.
Guaranteed savings for the last four years were $1,335,966. Actual
results were even better than originally estimated. The City has saved
an additional $359,231 during the past four years and a total of
7,345,576 kilowatt hours of electricity.
There are a number of additional improvements that could be completed to
have the city systems running at increased levels of energy efficiency.
A listing of the proposed projects is attached and includes energy
improvements at City Hall, the Police Department, Corporation Yard,
Southwest Senior Center, Regional Transportation Center, the Fire
Stations, Bowers Museum and at the City's parks (Exhibit 1).
Staff developed and solicited a Request for Qualifications from Energy
Service Companies that offer engineering and installation of energy
improvements. Six firms submitted qualifications. Staff from Parks,
Public Works, Finance and Management Services and the City Attorney's
office interviewed the top three companies and recommended that Siemens
Building Technologies perform these services.
250-1
Energy Conservation Improvements
June 2, 2008
Page 2
Siemens has provided the City with a preliminary analysis of the city and
park facility improvements at no cost. This proposal identifies needed
heating, ventilation and air (HVAC) improvements, HVAC control system
modifications, lighting system improvements, digital control systems, and
co-generation. In addition the installation of a solar system at city
hall and at the corporation yard is being evaluated. These improvements,
once implemented will save energy and reduce the City's costs of
electricity. Also, these modifications will allow the City to modernize
and upgrade its current buildings.
The proposal is expected to cost approximately $7.0 million to implement.
At this time, the City does not have unallocated funds in this amount;
thus financing the costs of the improvements will be required. Based on
the preliminary feasibility study, the City will be able to finance the
improvements from the savings generated from reduced energy consumption
and still realize a cash savings. In addition, we will apply for rebates
from Southern California Edison and from the California Solar Initiative
to assist in financing the projects.
It is recommended that the City authorize Siemens to proceed to the final
engineering phase of this project.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The engineering costs paid pursuant to this agreement will not exceed
$50,000. Funds are available in the Building Maintenance Activity
(account no. 73-105-6291). If the City decides to implement the project,
these costs will be folded into the financing of the project.
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency~~
250-2
CITY FACILITIES
City of Santa Ana facilities considered for this energy management
project are as follows:
Police Facility Micro-generation, Chiller
60 Civic Center Plaza Conversion, Lighting,
Upgrade Lighting Control
Computer and Field Terminal,
Upgrade Fire Control Main
Field Terminals
Corporate Yard Photovoltaic, Lighting, HVAC
215 S. Center Street on Fleet Building
Main Library Photovoltaic, Lighting
26 Civic Center Plaza
City Hall Photovoltaic, Lighting
20 Civic Center Plaza
South West Senior Center HVAC
2201 W. McFadden
Transportation Center Lighting, replace pneumatic
controls and time clocks with
an EMS system. Integrate with
City Siemens Insight.
Fire Station 1 Lighting
1029 W. 17th Street
Fire Station 2 Lighting
1688 E. 4th Street
Fire Station 3 Lighting, HVAC
419 Franklin
Fire Station 4 Lighting, HVAC
1427 S. Broadway
Fire Station 5 Lighting, Cool Roof, HVAC
Exhibit 1
250-3
Fire Station 6 Lighting
120 W. Walnut HVAC
Fire Station 7 Lighting
2317 S. Greenville HVAC
Fire Station 8 Lighting
501 N. New Hope HVAC
Fire Station 9 Lighting
1320 E. Warner HVAC
Fire Station 10 Lighting
2301 N. Old Grand HVAC
Exhibit 1
Page 2
250-4
PARR, SPORT AND FACILITY PROJECTS
Adams Park
Area Lighting and Sport
Lighting (provide estimate to
upgrade lighting levels on
the ball diamond)
Birch Park
Bomo Koral
Cabrillo Park
Cabrillo Tennis Center
Campesino Park
Centennial Park
Dan Young Soccer Complex in
Centennial Park
Delhi Park
E1 Salvador Park Pool
Fisher Park
Area Lighting
Area Lighting
Area and Sport Lighting (add
Musco Control Link System and
provide estimate to upgrade
lighting levels on the ball
diamond)
Area, Parking Lot and Sport
Lighting (add Musco Control
Link System and provide
estimate to upgrade lighting
levels on the tennis courts)
Area Lighting (Estimate to
add sport lighting w/Musco
Control Link System)
Area and Parking Lot Lighting
Sport Lighting
Area, Parking Lot and Sport
Lighting (add Musco Control
Link System and provide
estimate to upgrade lighting
levels on the ball diamond
and to add lighting for
soccer fields)
Pool, Area, Parking Lot and
Sport Lighting (add Musco
Control Link System)
Area Lighting
Angels Park Area Lighting
Exhibit 1
Page 3
250-5
French Park Area Lighting
Heritage Park Area, Parking Lot and Sport
Lighting (add Musco Control
Link System and provide
estimate to upgrade lighting
levels on the ball diamond)
Jerome Park Pool, Area, Parking Lot and
Sport Lighting (add Musco
Control Link System and
provide estimate to upgrade
lighting levels on the ball
diamond)
Lillie King Park Area Lighting
Mabury Park Area Lighting
Madison Park Area, Parking Lot and Sport
Lighting (add Musco Control
Link System)
Memorial Park Pool, Area, Parking Lot and
Sport Lighting (add Musco
Control Link System and
provide estimate to upgrade
lighting levels on the sport
fields)
Morrison Park Area and Parking Lot
Lighting, Tennis Ct. Lighting
Portola Park Area and Parking Lot
Lighting, Tennis Ct.
Lighting, B.B. Court Lighting
Riverview Park Area, Sports, Building
Lighting (add Musco Control
Link System and provide
estimate to upgrade lighting
levels on the sport field)
Exhibit 1
Page 4
250-6
Rosita Park Pool, Area, Parking Lot and
Sport Lighting (add Musco
Control Link System and
provide estimate to upgrade
lighting levels on the sport
field) Rec. Center lighting
and HVAC
Sandpointe Park Area Lighting, Tennis Ct.
Lighting, B.B. Court Lighting
Santa Ana Stadium Area and Sport Lighting (add
Musco Control Link System and
provide estimate to upgrade
lighting levels on the sport
field)
Santa Ana Zoo Area Area, Parking Lot, Exhibit
Lighting (provide estimate to
add Lighting throughout Zoo)
Santa Anita Park Pool, Area, Parking Lot and
Sport Lighting (add Musco
Control Link System and
provide estimate to upgrade
lighting levels on the sport
field)
Santiago Park Area, Parking Lot and Sport
Lighting (add Musco Control
Link System and provide
estimate to upgrade lighting
levels on the ball diamond}
Thornton Park Area, Parking Lot and Sport
Lighting (add Musco Control
Link System and provide
estimate to upgrade lighting
levels on ball diamonds)
Windsor Park Area and Parking Lot Lighting
(provide estimate to add
sport lighting w/Musco
Control Link System)
Exhibit 1
Page 5
250-7
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 2"d day of June 2008 by and between
Siemens Building Technologies, Inc., 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 energy
conservation field including providing professional design, construction and
implementation of energy conservation projects.
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 a Comprehensive Energy Analysis (CEA) audit and preliminary
engineering assessments of City facilities. City shall assist Consultant's engineering staff with
the audit by providing historical energy records, full access to building equipment, accurate
occupancy levels, building operating schedules and any other reasonable information necessary
to conduct a professional energy audit and final project development.
Consultant will provide a CEA and final proposal of suggested energy conservation
measures within sixty (60) days of commencement of the energy audit. The Proposal shall
include information regarding improvements, both capital and operating, which the City may
utilize in order to conserve energy, reduce energy use and lower costs of operating City facilities.
The audit will include assessment of current conditions and prediction of future utility use after
conservation measures have been implemented. A thorough Cost and Savings analysis will be
provided for each suggested improvement implementation. Consultant will review "Rebate" and
"Incentive" programs offered by local utilities which maybe available and beneficial to the City
if suggested improvements are implemented.
250-8
2. COMPENSATION
The City agrees to pay, and Consultant agrees to accept as total payment for its services,
a fee of $50,000.00.
3. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City any 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 agrees, for itself and 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.
4. TERM
This Agreement shall commence on the date first written above and terminate on
September 30, 2009 unless terminated earlier in accordance with Section 13, below. The term of
this Agreement maybe extended upon a writing executed by the Executive Director of the Public
Works Agency 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:
250-9
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
containing clauses stating Consultant's insurance is primary and not-contributory with other
insurance available to the City and standard separation of insureds provisions.
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:
(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.
250-10
7. 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 asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of 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.
250-11
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
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
(714) 647-6956 (telefacsimile)
With courtesy copies to:
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
Santa Ana, California 92702
telefacsimile (714) 647-5622
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 Consultant: Terrence Mack
Siemens Building Technologies, Inc.
10775 Business Center Drive
Cypress, California 90630
telefacsimileax: (714) 252-1327
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.
250-12
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, 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.
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 bylaw, 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.
250-13
15. JURISDICTION -VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. 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.
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 her 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.
//
//
//
//
//
//
//
250-14
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
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAMES G. ROSS
Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SIEMENS BUILDING
TECHNOLOGIES, INC.
(NAME)
(Title)
Tax ID#
250-15
250-16
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 2, 2008
TITLE:
PIIRCHABE AOREEb~NT FOR A PORTION OF
BANTA ANA CALIFORNIA, LLC PROPERTY
AT 2909 3. BRIBTOL (PROJECT 06-3510)
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Santa Ana California Lodge, LLC for the purchase
of a portion of 2909 S. Bristol in the amount of $18,000., subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The San Lorenzo Avenue pump station replacement project was approved by
the City Council in 2007 (Exhibit 1) . Improvements include a wet well, a
below ground dry pit, equipment and appurtenances. The existing lift
station must remain in service until the new one is complete. A small
block building (estimated at 15' x 15') will be constructed to house the
electrical panels and provide a stairway access.
To accommodate the new construction acquisition of 292 square feet at 2909
S. Bristol is required. Construction is estimated to begin in December of
2009. New landscape and hardscape improvements will be constructed around
the new building.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project has been determined to be adequately evaluated in previously
prepared Negative Declaration No. 2002-440.
25P-1
Purchase Agreement with
Santa Ana California Lodge, LLC
June 2, 2008
Page 2
FISCAL IMPACT
Funds for the proposed acquisition are available in the Sewer Connection
Fee Fund (account no. 55-532-6631, Project No. 06-3510).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ross
Executive Director
Public Works Agency
1
~~ rancisco Gutierrez Fg
Executive Director
Finance & Mgmt. Services Agency
25P-2
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LINE TABLE
LINE BEARING LENGTH
L1 N01'43'S8"E 92.32
L2 N8s'1 s'o2"w 10.00
L3 S34'45'49"W 7.85
L4 534'45'49"W 32.06
L5 S09'57'23"W 12.17
L6 N01'43'S8"E 38.92
L7 S88'16'02"E 19.21
EXHIBIT 1
PARCEL ~
„A„ ~ i
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PARCEL "A"
292 SQ FT r~
k~ J
- P.O.C. ~"
/s""r" "~'""~'" PURCHASE AGREEMENT FOR A PORTION OF
P~ wa ~ JO NE.2, 2008 SANTA ANA CALIFORNIA, LLC PROPERTY AT
~J 2909 S. BRISTOL (PROJECT 06-3510)
25P-3
25P-4
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on 2008,
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and
Santa Ana California Lodge, LLC, a California limited liability company, (hereinafter "Seller"),
regardless of number or gender;
THEREFORE, for and in consideration of their promises, covenants and agreements
hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth,
Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real
property located in the State of California, County of Orange, City of Santa Ana (hereinafter
"Said Real Property") described as follows:
SEE EXHIBITS "A" and "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 2909 South Bristol Street, Santa Ana, California)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of
the following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant
Deed, at the office of First American Title Insurance Company, located at 2 First American
Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has
approved this PSA.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise
expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free
and clear of any and all conditions, restrictions, reservations, exceptions, easements,
assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general
or specific, including any and all leasehold interests), liens, clouds or defects in title, except
those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said
Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller
further agrees that acceptance by City of any deed to Said Real Property, with or without
knowledge of any condition, restriction, reservation, exception, easement, assessment, profit,
limitation, encumbrance (whether monetary or non-monetary, general or specific, and including
any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City
of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of
any right which might accrue to City because of the failure of Seller to convey title as
hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of
Said Real Property to City, within the time and at the place hereinabove specified for said
conveyance of Said Real Property, a policy of title insurance to be issued by the above
mentioned title company, with the City therein named as the insured, in the amount of
EIGHTEEN THOUSAND AND NO/100 DOLLARS ($18,000.00) insuring City's title to Said
Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions,
Page 1 of 10
Seller's Initials
25P-5
easements, assessments, profits, limitations, encumbrances (whether monetary or non-
monetary, general or specific, and including any and all leasehold interests), liens, clouds or
defects in title, excepting such specific ones as city may hereinafter expressly agree to take
subject to. Acceptance by City of any such policy of insurance, whether such insurance
complies with the requirements of this paragraph or not, shall not constitute a waiver by City of
its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights
of action for damages or any other rights which may accrue to City by reason of the failure of
Seller to convey title or to provide title insurance as required in this PSA.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company (hereinafter "Escrow Agent"), located at 2 First American Way, Santa Ana, California,
within five (5) days from and after the date on which the City has approved this PSA. This PSA
constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this
PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close
within thirty (30) days after Owner's execution of this PSA.
Escrow Agent is empowered to act under this PSA and upon communicating its acceptance of
this Section 4 and of the General Escrow Provisions described in Exhibit "C" attached hereto,
in writing, delivered to the City and to the Seller within five (5) days after delivery of this PSA,
shall carry out its duties as Escrow Agent hereunder.
City agrees to bear, and Escrow Agent is hereby authorized to charge to City, the cost of any
transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation
fees, escrow fees and any other closing costs incidental to the conveyance of title to Said Real
Property to City. Penalties for prepayment of bona fide obligations secured by any existing
deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240.
Escrow Agent's liability under this PSA is limited to the performance of the obligations imposed
upon it under Sections 4, Section 6, Section 11 and the General Escrow Provisions reflected in
Exhibit "C" of this PSA.
5. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year
within which Said Real Property is conveyed to City as are unpaid at the time of said
conveyance shall be cleared and/or paid in accordance with the provisions of Section 4986 of
the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund
under Section 5096.7 of the Revenue and Taxation Code of the State of California for that
portion of property taxes on Said Real Property for said fiscal year which have been paid prior
to the date the deed conveying Said Real Property to City is recorded which is allocable to that
portion of the fiscal year which begins on the date the deed conveying Said Real Property to
City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue
and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any
and all years prior to the fiscal year within which said conveyance is made shall be paid by
Seller before conveyance of title to Said Real Property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept
from City, as and for the full purchase price for Said Real Property, including fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), severance damages (if any),
and bonus value (if any), the total cash sum of EIGHTEEN THOUSAND AND N0/100
DOLLARS ($18,000.00).
Page 2 of 10
Seller's Initials
25P-6
City agrees to deposit said purchase price with Escrow Agent within Thirty (30) days after the
date on which the City has approved this PSA, and Escrow Agent is hereby authorized to pay
said purchase price to Seller only after or concurrent with the satisfaction of the following
conditions precedent:
(a) Conveyance of Said Real Property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying Said Real Property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Grant Deed conveying Said Real Property to City.
7. Possession. Seller agrees to deliver quiet and peaceful possession of Said Real
Property to City on the date the Grant Deed conveying title to Said Real Property is recorded
with the Office of the County Recorder for Orange County.
8. Blank. This secfion intentionally left blank.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein
contained shall not be deemed or held to be a waiver of any subsequent or other breach of said
covenant or agreement nor a waiver of any breach of any other covenants or agreements
contained herein.
10. Heirs, Assigns, Successors in Interest. This PSA, and all the terms, covenants and
conditions contained herein, shall apply to and bind the heirs, executors, administrators,
successors and assigns of the respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all
payments hereunder to be made, time is and shall be of the essence.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized
agents, permission to enter upon Said Real Property at all reasonable times prior to close of
escrow for the purpose of making necessary inspections.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for Said Real Property, including fixtures & equipment
(improvements pertaining to the realty), goodwill (if any), severance damages (if any), and bonus
value (if any).
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
P.O. Box 1988, Santa Ana, California 92702. The mailing address of the Seller is:
11693 South San Vicente
Los Angeles, California 90049-5105
15. Exceptions. City agrees to accept title to Said Real Property subject to the following
NONE
16. Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said
Real Property by City.
Page 3 of 10
Seller's Initials
25P-7
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored,
or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous
Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or
from the Property. Seller shall not cause or permit the presence, use, generation, release,
discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any
local governmental authority, the State of California, or the United States Government,
including, but not limited to, any material or substance which is (i) defined as a "hazardous
waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115,
25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance"
under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material", "hazardous substance", or "hazardous waste" under Section 25501 of the California
Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed
under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of
Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a
"hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317),
(x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
Recovery Act, 42 U.S.C. S6901 et sew. (42 U.S.C. S6903) or (xi) defined as a "hazardous
substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sew. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited to,
the Clean Water, Ctean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
Conservation Recovery and Comprehensive Environmental Response Compensation and
Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
ordinances of the city within which the subject property is located, the California Department of
Health Services, the Regional Water Quality Control Board, the State Water Resources Control
Board, the Environmental Protection Agency, and all applicable federal, state, and local
agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
disposal of any Hazardous Material on, under, in or about, or the transportation of any such
materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
about, to or from, the Property. This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
Page 4 of 10
Seller's Initials
25P-8
suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property damage, compensation for lost wages, business income, profits or other
economic loss, damage to the natural resource or the environment, nuisance, pollution,
contamination, leak, spill, release, or other adverse effect on the environment). This indemnity
extends only to liability created prior to or up to the date this escrow shall close. Seller shall not
be responsible for acts or omissions to act post-close of this escrow.
20. Contingency. It is understood and agreed between the parties hereto that the
enforceability of this PSA, and the escrow created hereby, is contingent upon the express
acceptance and approval of this PSA by City. The execution of this PSA by City, and the
delivery of same to Escrow Agent, shall constitute said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in
writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or that
would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but
all the remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
24. Governing Law. This PSA shall be governed by and construed in accordance with the
laws of the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal
advice from its attorneys with respect to the advisability of executing this PSA and the meaning of
the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and
not for or against any party based upon any attribution to such party as the source of the
language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the
other, execute and deliver such further documents (in form and substance reasonably acceptable
to the party to be charged) and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties to this PSA.
29. Authority to Execute Agreement. Each of the undersigned Parties represent and
warrants that its has the power, authority and right to bind their respective parties to each of the
terms of this PSA, 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.
Page 5 of 10
Seller's Initials
25P-9
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties have executed this PSA as of the date first written
above.
SELLER:
San ta Ana California Lodge, LLC, a California limited liability company
By: Date: , 2008
Jen-Chih Lin
By: Date: , 2008
Heng-Mei Huang Lin
By: Date: , 2008
Jen-Chian Lin
By: Date: , 2008
Lan-Ying Lin
By: Date: , 2008
I-Joen Lin
By: Date: , 2008
I-Shin Lin
By: Date: , 2008
E-Chang Lin
By: Date: , 2008
E-Shiun Lin
By: Date: , 2008
Ing-Sei Hwang
By: Date: , 2008
Hua-Mei Hwang
By: Date: , 2008
Ing-Wen Hwang
By: Date: , 2008
Ling-Long Hwang
By: Date: , 2008
I-Duan Lin
Page 6 of 10
Seller's Initials
25P-10
By:
I-Shyh Lin
gy:
E-Tse Lin
CITY OF SANTA ANA:
By:
David N. Ream
City Manager
ATTEST:
By:
Patricia E. Healy
Clerk of the Council
APPROVED O
Sandoval
Waging Senior As
Date: , 2008
Date:
Date:
2008
2008
Date: , 2008
Date: ~ , 2008
nt City Attorney
Page 7 of 10
Seller's Initials
25P-11
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
p~ti~n rtt' ~'~r~l ~., ft"a ~ p ut ~c t~ of Sa.n1n ~~n ~+C+t~t't~yi° 4'+'t ~r.~tt,
~tnM of ~.nl~taua, fsl+~d it3 P~t:~rlc ~~,. d~ cif l~' }~! pia tthe ~~.~ t11~ ~+:littL~}°
Rcx~~ of~id~ tae t=ta+ ~ f~ilr.~~;
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Page 8 of 10
Seller's Initials
25P-12
EXHIBIT "B"
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Page 9 of 10
25P-13
Seller's Initi
EXHIBIT "C"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check or electronic funds transfer. All funds
received in this escrow shall be deposited in one or more of Escrow Agent's general escrow
accounts with any bank doing business in the State of California and may be transferred to any
other general escrow account or accounts. The expression "close of escrow" means the date
on which the transferring instrument(s) referred to herein are filed for recordation with the Office
of the Orange County Recorder. All prorations shall be made on the basis of a 30-day month /
360-day year. Recordation of any instruments delivered through this escrow, if necessary or
proper in the issuance of a policy of title insurance, is hereby authorized by the Parties to this
transaction.
There shall be no prorations of any existing insurance policies in this escrow
Escrow Agent is to furnish a copy of these instructions, including any amendments thereto,
closing statements, and/or any other documents deposited in this escrow, to the lender or
lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this
transaction upon request of such lenders, brokers or attorneys.
Should Escrow Agent, before or after close of escrow, receive or become aware of any
conflicting demands or claims with respect to this escrow; or to the rights of any of the Parties
hereto; or about any money or property deposited herein, then Escrow Agent shall have the
right to discontinue any or all further acts on its part until such conflict is resolved to its
satisfaction, and Escrow Agent shall have the right to commence or defend any action or
proceeding for the resolution of such conflict. The Parties to this escrow jointly and severally
agree to pay all costs, damages, judgments and expenses, including reasonable attorney's
fees, suffered or incurred by Escrow Agent in connection with, or arising out of, this escrow
including, but without limiting the generality of the foregoing, a suit in interpleader initiated by
Escrow Agent. In the event Escrow Agent should file a suit in interpleader, Escrow Agent shall
be fully released and discharged from all obligations imposed upon it by this escrow.
If for any reason funds are retained or remain in escrow, Escrow Agent shall be entitled to
deduct therefrom a reasonable monthly charge of not less than $10.00 per month as an
administrative fee.
Time is of the essence with regard to the execution of these general escrow instructions. If
Escrow Agent is unable to comply with these instructions within the time specified herein, and if
additional time as is required to make an examination of the official records, Escrow Agent shall
return all documents, money, or property to the party entitled thereto upon satisfactory written
demand and authorization. Any amendment or supplement to these instructions must be in
writing, signed by all Parties to this transaction.
These escrow instructions, and any amendments thereto, may be executed in one or more
counterparts, each of which independently shall have the same effect as if it were the original,
and all of which taken together shall constitute one and the same instruction.
Page 10 of 10
Seller's Initials
25P-14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE a, coos
TITLE:
ACQIII3ITION SETTLEMENT AGREBMSNT3
FOR BII3INE33S3 AT 1007-1011.3.
BRISTOL STREET (PROJBCT 06-1500)
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the
attached acquisition settlement agreements, subject to non-substantive
changes approved by the City Manager and City Attorney, with the
following:
• Martha's Market for $114,466
• Gilberto's Restaurant for $272,000
• Gamez Insurance and Income Tax for $96,696
• Infinity Cellular & Paging for $105,407
• Rocela`s Beauty Salon for $103,242
DI3CII3SION
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, a portion of the property at 1007-1011 S.
Bristol Street was acquired on December 3, 2007 (Exhibit 1). Included in
the acquisition is the building which houses the above businesses. Public
Works has negotiated a plan with the property owner and tenants to build a
new replacement retail facility on the remainder of the parcel. This
settlement agreement will allow the businesses to relocate to their new
facility, and the City's costs will be reduced by approximately 30
25Q-1
Acquisition Settlement Agreements
For 1007-1011 S. Bristol
June 2, 2008
Page 2
percent, due to savings in the cost of the acquisition and a minimal loss
of business goodwill.
The construction of the new retail building will not interfere with the
street widening project and will start early 2009.
gNVIRONMI3NTAL 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. 89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (account no.
59-553-6611).
L
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
/„~Francisco Gutierrez FB
~D Executive Director
Finance & Mgmt. Services Agency
25Q-2
MATCHUNE
SEE BOTTOM RIGt-ff
LEGEND
SUBJECT PROPERTIES
ACQUIRED PROPERTIES
i
MCFADDEN AVENUE
MATCHLINE
SEE ABOVE LEFT
EXHIBIT 1
SANTA ANA
~~TM ~~"- TITLE: PURCHASE AGREEMENT FOR
P~1 AGENDA DATE 1007 AND 1011 S. BRISTOL STREET
~, JUNE z Zoos (PROJECT 06-1500)
peat pass ~awcr
25Q-3
25Q-4
ACQUISITION SETTLEMENT AGREEMENT
This Acquisition Settlement Agreement ("ASA") is entered into on 2008
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 Martha's Market
("Tenant"). City and Tenant may collectively be referred to in this ASA as the "Parties."
RECITALS
A. Tenant operates a business on the Property commonly known as Martha's Market, and
is the occupant of the real property and improvements located on the Property, more
specifically described in Exhibit "A", Legal Description, attached hereto.
B. Aurora Angel ("Landlord") is the fee owner of 1007 to 1011 South Bristol Street, Santa
Ana, California ("Property"). Owner and City have negotiated a Purchase and Sale
Agreement ("PSA") for a portion of the Property, as legally described and depicted in
Exhibit "B" attached hereto ("Acquired Property"), which will result in the termination of
Owner's and Tenant's rights, title and/or interests in the Acquired Property.
C. The Property is located within the Area of the Bristol Street Widening Project from Pine
Street to McFadden Avenue and City intends to acquire a portion of the Property for a
public use.
D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property
by City are in dispute. The Parties desire to establish their respective rights and
obligations and to resolve any and all existing disputes with regard to the acquisition
of the Acquired Property by City upon the terms and conditions as hereinafter set forth.
E. Landlord will develop a replacement retail structure ("Replacement Structure") on
the lot immediately east and adjacent to the Property. This lot is identified as APN
101-272-04. Construction of Replacement Structure is expected to be completed on or
about, December 31, 2008. Tenant has been offered the opportunity to lease a unit
within the Replacement Structure and Tenant desires to accept this offer, pending
final lease negotiations between Tenant and Landlord.
F. Tenant qualifies as a displaced person under California Code of Regulations, Title 25,
Division 1, Chapter 6, and is therefore eligible for relocation benefits as described
therein. Tenant acknowledges that they have been informed of the City's relocation
program and that they have received written material describing the relocation
program, including a General Information Notice, an Informational Brochure and a
Notice of Eligibility. Tenant understands that they are under no obligation to enter
into this ASA and move into the Replacement Structure. Tenant understands and
acknowledges that they may choose to relocate from the Property to an alternate site.
Acquisition Settlement Agreement
Page 1 of 8
25Q-5
Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions of this ASA, the Parties agree as follows:
1. Consideration
a. City agrees to pay Tenant, in accordance with the disbursement schedule
referenced in section 1(c)(d)(e)&(f), below, the total sum of ONE HUNDRED
FOURTEEN THOUSAND, FOUR HUNDRED SIXTY SIX AND NO/100
DOLLARS ($114,466.00) as compensation for relocation assistance and/or
other relocation benefits to which Tenant may be entitled, and any and all loss
of business goodwill, leasehold interests, personal property, improvements
pertaining to realty, bonus value, severance damages, and any and all other
damages to which Tenants may be entitled as a result of City's acquisition of the
Acquired Property for the Project.
b. Tenant hereby agrees to assign certain payments under this ASA to Landlord to be
used exclusively for construction and installation of certain tenant improvements
and trade fixtures within Tenant's individual unit within Replacement Structure.
The total amount of this assignment is SEVENTY TWO THOUSAND, NINE
HUNDRED FIFTY DOLLARS AND NO/100 ($72,950.00). In exchange for
such assignment, Landlord will be obligated to provide the following improvements
within Tenant's Replacement Structure space: HVAC, lights, T Bar ceiling,
insulation at ceiling, standard number of electrical outlets, flooring, one bathroom
that meets Americans with Disabilities Act standards, phone jacks in number
sufficient to operate Tenant's current equipment, finish painted interior walls,
concrete cutting and patching, plumbing for hand and floor sink, interior framing
and drywall, interior doors, and soft costs such as contingency, builder overhead
and profit, zoning and associated permit fees and architectural and engineering fees.
Tenant is responsible for payment for the move of the personal property,
disconnection, move, reconnection and reinstallation of all fixtures and equipment,
including walk in cooler, reinstallation of racks and displays, installation of
telephone system, any electrical requirements in addition to standard electrical
service, flooring and base, roof support and repair work for walk in cooler and
compressor, and any associated permit fees
c. Upon execution of this ASA and an executed lease between Tenant and Landlord
for Replacement Structure, City will process an initial payment to Tenant in the
amount of TEN THOUSAND, THREE HUNDRED SEVENTY NINE
DOLLARS AND 00/100 ($10,379.00) and to Landlord in the amount of
EIGHTEEN THOUSAND TWO HUNDRED THIl2TY SEVEN DOLLARS
AND 50/100 ($18,237.50).
d. Upon notification and verification that architectural plans for the Replacement
Structure have been approved by the City Building Department, City will process
a second payment to Tenant in the amount of TEN THOUSAND, THREE
HUNDRED SEVENTY NINE DOLLARS AND 00/100 ($10,379.00) and to
Acquisition Settlement Agreement
Page 2 of 8
25Q-6
Landlord in the amount of EIGHTEEN THOUSAND TWO HUNDRED
THIRTY SEVEN DOLLARS AND 50/100 ($18,237.50).
e. Upon completion of physical improvements to Tenant's unit within the
Replacement Structure. City will process a third payment to Tenant in the amount
of TEN THOUSAND, THREE HUNDRED SEVENTY NINE DOLLARS
AND 00/100 ($10,379.00) and to Landlord in the amount of EIGHTEEN
THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND 50/100
($18,237.50).
f. City to process a final payment to Tenant in the amount of TEN THOUSAND,
THREE HUNDRED SEVENTY NINE DOLLARS AND 00/100 ($10,379.00)
once Tenant has (1) vacated the Property, (2) executed and delivered to City a
Certificate of Abandonment of the Property, (3) turned over all sets of keys to
the Property to the City or to City's agents, or Landlord, and (4) confirmed in
writing to City that any and all hazardous materials have been removed from
the Property in accordance with all applicable federal and state laws,
ordinances and/or regulations. Once Tenant has met all four requirements
listed above, City will process a final payment to Landlord in the amount of
EIGHTEEN THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS
AND 50/100 ($18,237.50).
g. Payment of the consideration referenced in section 1 of this ASA, shall constitute
full satisfaction of any and all of City's obligations to compensate Tenant.
h. As a matter of record, the compensation paid to Tenant in accordance with this
ASA shall be proportioned in the following amounts: Relocation benefits
shall equal $99,466. Payment for any loss of furniture, fixtures and equipment,
bonus value, improvements to realty, business goodwill, and/or severance
damages shall equal $15,000.
i. In the event that the lease between Tenant and Landlord for the Replacement
Structure is terminated, or becomes null and void prior to the final payment in
accordance with this ASA, any remaining unpaid payments that were assigned
to Landlord will revert to Tenant and no further payments will be made to
Landlord under this ASA. Tenant fully releases any and all claims against
payments already made to Landlord, which will not be returned to Tenant.
Additionally, all future scheduled payments to Tenant will cease until Tenant
vacates the Property and meets vacancy criteria as stated in section (f), above,
at which time City will make all remaining payments to Tenant. Tenant is
required to vacate the Property within thirty (30) days from the date the
Replacement Structure lease is terminated or voided, excepting that tenant must
vacate the Property no later than December 3l, 2008.
Acquisition Settlement Agreement
Page 3 of 8
25Q-7
2. Release
a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to
indemnify, fully release, acquit and discharge City, and the officers, directors,
employees, attorneys, accountants, other professionals, insurers and agents of
City (collectively "Agents") and all entities related to City, from any and all rights,
claims, interests, demands, actions or causes of action which Tenant now has or
may in the future have against City arising from the acquisition of the Acquired
Property, including, but not limited to, trade fixtures, furniture and equipment,
leasehold interests, and claims for toss of business goodwill, bonus value (if any)
and/or severance damages (if any), including claims from vendors, independent
contractors, subtenants now and forever.
b. No Party, nor any Agents, nor any related entities, to this ASA have made any
statement or representation to any other Party regarding any fact relied upon in
entering into this ASA, and each party expressly states it does not rely upon any
statement, representation or promise of any other Party or any Party's Agent or
related entities in executing this ASA, except as is expressly stated in this ASA.
Each Party to this ASA has made such investigation of the facts and law
pertaining to this ASA, and of all other matters pertaining hereto, as it deems
reasonable, necessary and/or appropriate, and has consulted with legal counsel
concerning the matters contained herein.
Attorney's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
4. Indemnity By Tenants
Tenant shall indemnify, defend and hold harmless City from and against any and all
claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting
from the breach by Tenant of any provision of this ASA, or the falsity of any
representation or warranty made by Tenant contained in this ASA.
5. Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the subject
matter discussed herein, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. This ASA may be modified only
by a writing executed by the Parties hereto.
6. PartialInvalidity
In the event that any term, covenant, condition or provision of this ASA shall be held by
a court of competent jurisdiction to be invalid or against public policy, the remaining
provisions shall continue in full force and effect.
Acquisition Settlement Agreement
Page 4 of 8
25Q-8
7. Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in whole or
in part, only upon the written consent of all Parties to this ASA. The waiver by one party
of the duty of performance by the other Party of any provision in this ASA shall not
invalidate this ASA, nor shall it be considered a waiver of any rights or remedies
available to the non-breaching Party of this ASA.
8. Headings
The headings, subheadings and numbering of the different sections of this ASA are inserted
for convenience only and shall not be considered for any purpose in construing this ASA.
9. Governin Law
The rights and obligations of the parties hereto shall be construed and enforced in
accordance with, and governed by, the laws of the State of California.
10. Successors [n Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non-signatories to this ASA, this
ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors-in-interest, personal representatives, executors, estate, heirs, legatees,
Agents and related entities of each of the Parties hereto.
11. Necessarv Acts
Each Party to this ASA agrees to perform any further acts and execute and deliver any
further documents that may be reasonably necessary to carry out the provisions of this
ASA.
12. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other Party that
it has reviewed each term of this ASA with its counsel and hereafter no Party shall
deny the validity of this ASA on the ground that the party did not have advice of
counsel. Each Party to this ASA has had the opportunity to receive independent
legal advice with respect to the advisability of entering into and being bound by this
ASA and with respect to the meaning of California Civil Code § 1542.
13. Parties Have Not Transferred Right Or Claims
The Parties hereto each represent and warrant to the other Party that they have not
assigned, transferred or sublet to any third party any of the rights, claims, causes of action
or items to be released or transferred which they are obligated to transfer or to release as
part of this ASA.
Acquisition Settlement Agreement
Page 5 of 8
25Q-9
14. Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this ASA. Each
Party executing this ASA on behalf of an entity, other than an individual executing this
ASA on his or her own behalf, represents that he or she is authorized to execute this ASA
on behalf of said entity.
15. Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any construction
or interpretation to be made of this ASA, or of any of its terms, conditions and/or
provisions, the same shall not be construed against any party.
16. Notices
All notices, requests, demands and other communications required or permitted to be
given under this ASA shall be in writing and shall either be delivered in writing
personally or be sent by telegram or by regular or certified first class mail, postage
prepaid, deposited in the United States mail, and properly addressed to the Party at its
address as set forth below, or at any other address that such Party may designate by
written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Tenant: Martha's Market
1007 S. Bristol St. Unit A
Santa Ana, CA 92703
Attn: Benjamin Zecua
To Tenant: Martha's Market
Post-move 1007 S. Bristol St. Unit A
Santa Ana, CA 92703
Attn: Benjamin Zecua
Acquisition Settlement Agreement
Page 6 of 8
25Q-10
17. Counterparts
This ASA may be executed in counterparts, each of which shall be deemed an original, and, when
taken together with other signed counterparts, shall constitute one Agreement, which shall be binding
upon and effective as to all Parties.
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the
date first written above.
TENANT:
Martha's Market
By: Date 2008
Benjamin Zecua
OWNER:
By: Date 2008
Aurora Angel
CITY OF SANTA ANA:
By: Date: 2008
David N. Ream
City Manager
ATTEST:
By: Date: , 2008
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Jose Sandoval
Senior Assistant City Attorney Date: , 2008
Acquisition Settlement Agreement
Page 7 of 8
25Q-11
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
All that certain real property situated in the County of Orange, State of California,
described as follows:
Parcel 1:
That portion of Lot 12 of the Nininger Tract, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 8, Page 33 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Beginning at a point on the West line of said Lot, 147.5 feet North of the
Southwest corner thereof; thence continuing along said West line North 49.18 feet;
thence Easterly to a point on the East line of said Lot 195.87 feet North of the
Southeast corner thereof; thence South 48.775 feet along said East line; thence
Westerly to the point of beginning
Except the West 10 feet thereof.
Parcel 2:
The South 49.16 feet of the North 98.32 feet of Lot 12 of the Nininger Tract, in the
City of Santa Ana, County of Orange, State of California, as per map recorded in
Book 8, Page 33 of Miscellaneous Maps, in the Office of the County Recorder of
said County.
Except therefrom the West 10 feet thereof, granted to the City of Santa Ana, by
deed recorded in Book 2192, Page 384, Official Records.
Assessor's Parcel Number: 010-272-24; 010-272-25
Acquisition Settlement Agreement
Page 8 of 8
25Q-12
ACQUISITION SETTLEMENT AGREEMENT
This Acquisition Settlement Agreement ("ASA") is entered into on 2008
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 Aurora Angel,
Gilbert Quintero and Emilia Quintero dba/Gilberto's Mexican Restaurant ("Tenant"). City and
Tenant may collectively be referred to in this ASA as the "Parties."
RECITALS
A. Tenant operates a business on the Property commonly known as Gilberto's Mexican
Restaurant, and is the occupant ofthe real property and improvements located on the
Property, more specifically described in Exhibit "A", Legal Description, attached
hereto.
B. Aurora Angel ("Owner") is the fee owner of 1007 to 1011 South Bristol Street, Santa
Ana, California ("Property"). Owner and City have negotiated a Purchase and Sale
Agreement ("PSA") for a portion of the Property, as legally described and depicted in
Exhibit "B" attached hereto ("Acquired Property"), which will result in the termination of
Owner's and Tenant's rights, title and/or interests in the Acquired Property.
C. The Property is located within the Area of the Bristol Street Widening Project from Pine
Street to McFadden Avenue and City intends to acquire a portion of the Property for a
public use.
D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property
by City are in dispute. The Parties desire to establish their respective rights and
obligations and to resolve any and all existing disputes with regard to the acquisition
of the Acquired Property by City upon the terms and conditions as hereinafter set forth.
E. Owner will develop a replacement retail structure ("Replacement Structure") on the
lot immediately east and adjacent to the Property. This lot is identified as APN 101-
272-04. Construction of Replacement Structure is expected to be completed on or
about, December 31, 2008. Tenant has been offered the opportunity to lease a unit
within the Replacement Structure and Tenant desires to accept this offer, pending
final lease negotiations between Tenant and Owner.
F. Tenant qualifies as a displaced person under California Code of Regulations, Title 25,
Division 1, Chapter 6, and is therefore eligible for relocation benefits as described
therein. Tenant acknowledges that they have been informed of the City's relocation
program and that they have received written material describing the relocation
program, including a General Information Notice, an Informational Brochure and a
Notice of Eligibility. Tenant understands that they are under no obligation to enter
into this ASA and move into the Replacement Structure. Tenant understands and
acknowledges that they may choose to relocate from the Property to an alternate site.
Acquisition Settlement Agreement
Page 1 of 8
25Q-13
Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions of this ASA, the Parties agree as follows:
Consideration
a. City agrees to pay Tenant, in accordance with the disbursement schedule
referenced in section 1(b)&(c), below, the total sum of TWO HUNDRED
SEVENTY TWO THOUSAND AND NO/100 DOLLARS ($272,000.00) as
compensation for relocation assistance and/or other relocation benefits to
which Tenant may be entitled, and any and all loss of business goodwill,
leasehold interests, personal property, improvements pertaining to realty, bonus
value, severance damages, and any and all other damages to which Tenant may
be entitled as a result of City's acquisition of the Acquired Property for the
Project.
b. Upon execution of this ASA, City will process an initial payment to Tenants in
the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00). Payment will be made directly to Tenant.
c. City will process a second and final payment to Tenants in the amount of
SEVENTY TWO THOUSAND AND NO/100 DOLLARS ($72,000.00) upon
satisfactory evidence to City that the following conditions have been satisfied:
Tenant has (1) vacated the Property, (2) executed and delivered to City a
Certificate of Abandonment of the Property, (3) turned over all sets of keys to
the City or to its agents, and (4) confirmed in writing to City that any and all
hazardous materials have been removed from the Property in accordance with
all applicable federal and state laws, ordinances and/or regulations. Each
payment referenced in this paragraph shall be subject to offsets as described in
section 2(a) below. Payment will be made directly to Aurora Angel.
d. Payment of the consideration referenced in section 1 of this ASA, shall constitute
full satisfaction of any and all of City's obligations to compensate Tenant.
e. As a matter of record, the compensation paid to Tenant in accordance with this
ASA shall be proportioned in the following amounts: Relocation benefits
shall equal $200,000. Payment for any loss of furniture, fixtures and equipment,
bonus value, improvements to realty, business goodwill, and/or severance
damages shall equal $72,000.
2. Failure to Vacate the existing building and other improvements from the PropertX
a. Tenant agrees to vacate the Property not later than December 31, 2008 ("Vacate
Date"). Tenant shall be jointly and severally liable for payment to City of a
rental fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00) for each
and every day Tenants remain in possession of the Property after the Vacate
Date, which rental fee shall be proportionally deducted as an offset from the
final payment to Tenants as described in section 1(c) above.
Acquisition Settlement Agreement
Page 2 of 8
25Q-14
Release
a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to
indemnify, fully release, acquit and discharge City, and the officers, directors,
employees, attorneys, accountants, other professionals, insurers and agents of
City (collectively "Agents") and all entities related to City, from any and all rights,
claims, interests, demands, actions or causes of action which Tenant now has or
may in the future have against City arising from the acquisition of the Acquired
Property, including, but not limited to, trade fixtures, furniture and equipment,
leasehold interests, and claims for loss of business goodwill, bonus value (if any)
and/or severance damages (if any), including claims from vendors, independent
contractors, subtenants now and forever.
b. No Party, nor any Agents, nor any related entities, to this ASA have made any
statement or representation to any other Party regarding any fact relied upon in
entering into this ASA, and each party expressly states it does not rely upon any
statement, representation or promise of any other Party or any Party's Agent or
related entities in executing this ASA, except as is expressly stated in this ASA.
Each Party to this ASA has made such investigation of the facts and law
pertaining to this ASA, and of all other matters pertaining hereto, as it deems
reasonable, necessary and/or appropriate, and has consulted with legal counsel
concerning the matters contained herein.
4. Attorney's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
5. Indemnity Tenants
Tenant shall indemnify, defend and hold harmless City from and against any and all
claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting
from the breach by Tenant of any provision of this ASA, or the falsity of any
representation or warranty made by Tenant contained in this ASA.
6. Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the subject
matter discussed herein, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. This ASA may be modified only
by a writing executed by the Parties hereto.
7. PartialInvalidity
In the event that any term, covenant, condition or provision of this ASA shall be held by
a court of competent jurisdiction to be invalid or against public policy, the remaining
provisions shall continue in full force and effect.
Acquisition Settlement Agreement
Page 3 of 8
25Q-15
8. Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in whole or
in part, only upon the written consent of all Parties to this ASA. The waiver by one party
of the duty of performance by the other Party of any provision in this ASA shall not
invalidate this ASA, nor shall it be considered a waiver of any rights or remedies
available to the non-breaching Party of this ASA.
9. Headings
The headings, subheadings and numbering of the different sections of this ASA are inserted
for convenience only and shall not be considered for any purpose in construing this ASA.
10. Governing Law
The rights and obligations of the parties hereto shall be construed and enforced in
accordance with, and governed by, the laws of the State of California.
1 1. Successors In Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non-signatories to this ASA, this
ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors-in-interest, personal representatives, executors, estate, heirs, legatees,
Agents and related entities of each of the Parties hereto.
12. Necessa , Acts
Each Party to this ASA agrees to perform any further acts and execute and deliver any
further documents that may be reasonably necessary to carry out the provisions of this
ASA.
13. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other Party that
it has reviewed each term of this ASA with its counsel and hereafter no Party shall
deny the validity of this ASA on the ground that the party did not have advice of
counsel. Each Party to this ASA has had the opportunity to receive independent
legal advice with respect to the advisability of entering into and being bound by this
ASA and with respect to the meaning of California Civil Code Section 1542.
14. Parties Have Not Transferred Right Or Claims
The Parties hereto each represent and warrant to the other Party that they have not
assigned, transferred or sublet to any third party any of the rights, claims, causes of action
or items to be released or transferred which they are obligated to transfer or to release as
part of this ASA.
Acquisition Settlement Agreement
Page 4 of 8
25Q-16
15. Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this ASA. Each
Party executing this ASA on behalf of an entity, other than an individual executing this
ASA on his or her own behalf, represents that he or she is authorized to execute this ASA
on behalf of said entity.
16. Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any construction
or interpretation to be made of this ASA, or of any of its terms, conditions and/or
provisions, the same shall not be construed against any party.
17. Notices
All notices, requests, demands and other communications required or permitted to be
given under this ASA shall be in writing and shall either be delivered in writing
personally or be sent by telegram or by regular or certified first class mail, postage
prepaid, deposited in the United States mail, and properly addressed to the Party at its
address as set forth below, or at any other address that such Party may designate by
written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Tenant: Gilberto's Mexican Restaurant
1007 S. Bristol St. Unit B
Santa Ana, CA 92703
Attn: Aurora Angel, Gilbert Quintero, Emilia Quintero
To Tenant: Gilberto's Mexican Restaurant
Post-move 1007 S. Bristol St. Unit B
Santa Ana, CA 92703
Attn: Aurora Angel, Gilbert Quintero, Emilia Quintero
Acquisition Settlement Agreement
Page 5 of 8
25Q-17
18. Countet~arts
This ASA may be executed in counterparts, each of which shall be deemed an original, and, when
taken together with other signed counterparts, shall constitute one Agreement, which shall be binding
upon and effective as to all Parties.
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the
date first written above.
TENANT:
Gilberto's Mexican Restaurant
By: Date 2008
Aurora Angel
By: Date 2008
Gilbert Quintero
By: Date 2008
Emilia Quintero
OWNER:
By: Date 2008
Aurora Angel
CITY OF SANTA ANA:
By: Date: 2008
David N. Ream
City Manager
ATTEST:
By: Date: , 2008
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Jose Sandoval
Senior Assistant City Attorney Date: , 2008
Acquisition Settlement Agreement
Page 6 of 8
25Q-18
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
All that certain real property situated in the County of Orange, State of California,
described as follows:
Parcel 1:
That portion of Lot 12 of the Nininger Tract, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 8, Page 33 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Beginning at a point on the West line of said Lot, 147.5 feet North of the
Southwest corner thereof; thence continuing along said West line North 49.18 feet;
thence Easterly to a point on the East line of said Lot 195.87 feet North of the
Southeast corner thereof; thence South 48.775 feet along said East line; thence
Westerly to the point of beginning
Except the West 10 feet thereof.
Parcel 2:
The South 49.16 feet of the North 98.32 feet of Lot 12 of the Nininger Tract, in the
City of Santa Ana, County of Orange, State of California, as per map recorded in
Book 8, Page 33 of Miscellaneous Maps, in the Office of the County Recorder of
said County.
Except therefrom the West 10 feet thereof, granted to the City of Santa Ana, by
deed recorded in Book 2192, Page 384, Official Records.
Assessor's Parcel Number: 010-272-24; 010-272-25
Acquisition Settlement Agreement
Page 7 of 8
25Q-19
ACQUISITION SETTLEMENT AGREEMENT
This Acquisition Settlement Agreement ("ASA") is entered into on 2008
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 Gamez Insurance
and Income Tax ("Tenant"). City and Tenant may collectively be referred to in this ASA as the
"Parties."
RECITALS
A. Tenant operates a business on the Property commonly known as Gamez Insurance and
Income Tax, and is the occupant of the real property and improvements located on the
Property, more specifically described in Exhibit "A", Legal Description, attached
hereto.
B. Aurora Angel ("Landlord") is the fee owner of 1007 to 1011 South Bristol Street, Santa
Ana, California ("Property"). Owner and City have negotiated a Purchase and Sale
Agreement ("PSA") for a portion of the Property, as legally described and depicted in
Exhibit "B" attached hereto ("Acquired Property"), which will result in the termination of
Owner's and Tenant's rights, title and/or interests in the Acquired Property.
C. The Property is located within the Area of the Bristol Street Widening Project from Pine
Street to McFadden Avenue and City intends to acquire a portion of the Property for a
public use.
D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property
by City are in dispute. The Parties desire to establish their respective rights and
obligations and to resolve any and all existing disputes with regard to the acquisition
of the Acquired Property by City upon the terms and conditions as hereinafter set forth.
E. Landlord will develop a replacement retail structure ("Replacement Structure") on
the lot immediately east and adjacent to the Property. This lot is identified as APN
101-272-04. Construction of Replacement Structure is expected to be completed on or
about, December 31, 2008. Tenant has been offered the opportunity to lease a unit
within the Replacement Structure and Tenant desires to accept this offer, pending
final lease negotiations between Tenant and Landlord.
F. Tenant qualifies as a displaced person under California Code of Regulations, Title 25,
Division 1, Chapter 6, and is therefore eligible for relocation benefits as described
therein. Tenant acknowledges that they have been informed of the City's relocation
program and that they have received written material describing the relocation
program, including a General Information Notice, an Informational Brochure and a
Notice of Eligibility. Tenant understands that they are under no obligation to enter
into this ASA and move into the Replacement Structure. Tenant understands and
acknowledges that they may choose to relocate from the Property to an alternate site.
Acquisition Settlement Agreement
Page 1 of 8
25Q-20
Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions of this ASA, the Parties agree as follows:
Consideration
a. City agrees to pay Tenant, in accordance with the disbursement schedule
referenced in section 1(c}(d)(e)&(f), below, the total sum of NINETY SIX
THOUSAND, SIX HUNDRED NINETY SIX AND NO/100 DOLLARS
($96,696.00) as compensation for relocation assistance and/or other relocation
benefits to which Tenant may be entitled, and any and all loss of business
goodwill, leasehold interests, personal property, improvements pertaining to realty,
bonus value, severance damages, and any and all other damages to which
Tenants may be entitled as a result of City's acquisition of the Acquired Property
for the Project.
b. Tenant hereby agrees to assign certain payments under this ASA to Landlord to be
used exclusively for construction and installation of certain tenant improvements
and trade fixtures within Tenant's individual unit within Replacement Structure.
The total amount of this assignment is SIXTY NINE THOUSAND, SEVEN
HUNDRED FIFTY DOLLARS AND NO/100 ($69,750.00). In exchange for
such assignment, Landlord will be obligated to provide the following improvements
within Tenant's Replacement Structure space: HVAC, lights, T Bar ceiling,
insulation at ceiling, standard number of electrical outlets, carpet and base, one
bathroom that meets Americans with Disabilities Act standards, phone jacks in
number sufficient to operate Tenant's current equipment, finish painted interior
walls, interior framing and drywall, interior doors, and soft costs such as
contingency, builder overhead and profit, zoning and associated permit fees and
architectural and engineering fees.
Tenant is responsible for payment for the move of the personal property,
disconnection, move, reconnection and reinstallation of all fixtures and equipment,
installation of telephone system, any electrical requirements in addition to standard
electrical service, and any associated permit fees
c. Upon execution of this ASA and an executed lease between Tenant and Landlord
for Replacement Structure, City will process an initial payment to Tenant in the
amount of SIX THOUSAND SEVEN HUNDRED THIRTY SIX DOLLARS
AND 50/100 ($6,736.50) and to Landlord in the amount of SEVENTEEN
THOUSAND FOUR HUNDRED THIRTY SEVEN DOLLARS AND 50/100
($17,437.50).
d. Upon notification and verification that architectural plans for the Replacement
Structure have been approved by the City Building Department, City will process
a second payment to Tenant in the amount of SIX THOUSAND SEVEN
HUNDRED THIRTY SIX DOLLARS AND 50/100 ($6,736.50) and to
Landlord in the amount of SEVENTEEN THOUSAND FOUR HUNDRED
THIRTY SEVEN DOLLARS AND 50/100 ($17,437.50).
Acquisition Settlement Agreement
Page 2 of 8
25Q-21
Upon completion of physical improvements to Tenant's unit within the
Replacement Structure. City will process a third payment to Tenant in the amount
of SIX THOUSAND SEVEN HUNDRED THIRTY SIX DOLLARS AND
50/100 ($6,736.50) and to Landlord in the amount of SEVENTEEN
THOUSAND FOUR HUNDRED THIItTY SEVEN DOLLARS AND 50/100
($17,437.50).
City to process a final payment to Tenant in the amount of SIX THOUSAND
SEVEN HUNDRED THIRTY SIX DOLLARS AND 50/100 ($6,736.50) once
Tenant has (1) vacated the Property, (2) executed and delivered to City a
Certificate of Abandonment of the Property, (3) turned over all sets of keys to
the Property to the City or to City's agents, or Landlord, and (4) confirmed in
writing to City that any and all hazardous materials have been removed from
the Property in accordance with all applicable federal and state laws,
ordinances and/or regulations. Once Tenant has met all four requirements
listed above, City will process a ftnal payment to Landlord in the amount of
SEVENTEEN THOUSAND FOUR HUNDRED THIRTY SEVEN
DOLLARS AND 50/100 ($17,437.50).
g. Payment of the consideration referenced in section 1 of this ASA, shall constitute
full satisfaction of any and all of City's obligations to compensate Tenant.
h. As a matter of record, the compensation paid to Tenant in accordance with this
ASA shall be proportioned in the following amounts: Relocation benefits
shall equal $76,696. Payment for any loss of furniture, fixtures and equipment,
bonus value, improvements to realty, business goodwill, and/or severance
damages shall equal $20,000.
i. In the event that the lease between Tenant and Landlord for the Replacement
Structure is terminated, or becomes null and void prior to the final payment in
accordance with this ASA, any remaining unpaid payments that were assigned
to Landlord will revert to Tenant and no further payments will be made to
Landlord under this ASA. Tenant fully releases any and all claims against
payments already made to Landlord, which will not be returned to Tenant.
Additionally, all future scheduled payments to Tenant will cease until Tenant
vacates the Property and meets vacancy criteria as stated in section (f), above,
at which time City will make all remaining payments to Tenant. Tenant is
required to vacate the Property within thirty (30) days from the date the
Replacement Structure lease is terminated or voided, excepting that tenant must
vacate the Property no later than December 31, 2008.
2. Release
a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to
indemnify, fully release, acquit and discharge City, and the officers, directors,
employees, attorneys, accountants, other professionals, insurers and agents of
City (collectively "Agents") and all entities related to City, from any and all rights,
Acquisition Settlement Agreement
Page 3 of 8
25Q-22
claims, interests, demands, actions or causes of action which Tenant now has or
may in the future have against City arising from the acquisition of the Acquired
Property, including, but not limited to, trade fixtures, furniture and equipment,
leasehold interests, and claims for loss of business goodwill, bonus value (if any)
and/or severance damages (if any), including claims from vendors, independent
contractors, subtenants now and forever.
b. No Party, nor any Agents, nor any related entities, to this ASA have made any
statement or representation to any other Party regarding any fact relied upon in
entering into this ASA, and each party expressly states it does not rely upon any
statement, representation or promise of any other Party or any Party's Agent or
related entities in executing this ASA, except as is expressly stated in this ASA.
Each Party to this ASA has made such investigation of the facts and law
pertaining to this ASA, and of all other matters pertaining hereto, as it deems
reasonable, necessary and/or appropriate, and has consulted with legal counsel
concerning the matters contained herein.
Attorne 's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
4. Indemnity Tenants
Tenant shall indemnify, defend and hold harmless City from and against any and all
claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting
from the breach by Tenant of any provision of this ASA, or the falsity of any
representation or warranty made by Tenant contained in this ASA.
Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the subject
matter discussed herein, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. This ASA may be modified only
by a writing executed by the Parties hereto.
6. Partiallnvalidity
In the event that any term, covenant, condition or provision of this ASA shall be held by
a court of competent jurisdiction to be invalid or against public policy, the remaining
provisions shall continue in full force and effect.
7. Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in whole or
in part, only upon the written consent of all Parties to this ASA. The waiver by one party
of the duty of performance by the other Party of any provision in this ASA shall not
invalidate this ASA, nor shall it be considered a waiver of any rights or remedies
Acquisition Settlement Agreement
Page 4 of 8
25Q-23
available to the non-breaching Party of this ASA.
8. Headings
The headings, subheadings and numbering of the different sections of this ASA are inserted
for convenience only and shall not be considered for any purpose in construing this ASA.
9. Governin Law
The rights and obligations of the parties hereto shall be construed and enforced in
accordance with, and governed by, the laws of the State of California.
10. Successors In Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non-signatories to this ASA, this
ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors-in-interest, personal representatives, executors, estate, heirs, legatees,
Agents and related entities of each of the Parties hereto.
11. Necessary Acts
Each Party to this ASA agrees to perform any further acts and execute and deliver any
further documents that may be reasonably necessary to carry out the provisions of this
ASA.
12. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other Party that
it has reviewed each term of this ASA with its counsel and hereafter no Party shall
deny the validity of this ASA on the ground that the party did not have advice of
counsel. Each Party to this ASA has had the opportunity to receive independent
legal advice with respect to the advisability of entering into and being bound by this
ASA and with respect to the meaning of California Civil Code § 1542.
13. Parties Have Not Transferred Right Or Claims
The Parties hereto each represent and warrant to the other Party that they have not
assigned, transferred or sublet to any third party any of the rights, claims, causes of action
or items to be released or transferred which they are obligated to transfer or to release as
part of this ASA.
14. Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this ASA. Each
Party executing this ASA on behalf of an entity, other than an individual executing this
ASA on his or her own behalf, represents that he or she is authorized to execute this ASA
Acquisition Settlement Agreement
Page 5 of 8
25Q-24
on behalf of said entity.
l5. Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any construction
or interpretation to be made of this ASA, or of any of its terms, conditions and/or
provisions, the same shall not be construed against any party.
16. Notices
All notices, requests, demands and other communications required or permitted to be
given under this ASA shall be in writing and shall either be delivered in writing
personally or be sent by telegram or by regular or certified first class mail, postage
prepaid, deposited in the United States mail, and properly addressed to the Party at its
address as set forth below, or at any other address that such Party may designate by
written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Tenant: Gamez Insurance and Income Tax
1011 S. Bristol St. Unit A
Santa Ana, CA 92703
Attn: Rosalio Uriarte
To Tenant: Gamez Insurance and Income Tax
Post-move 1011 S. Bristol St. Unit A
Santa Ana, CA 92703
Attn: Rosalio Uriarte
Acquisition Settlement Agreement
Page 6 of 8
25Q-25
17. Countemarts
This ASA may be executed in counterparts, each of which shall be deemed an original, and, when
taken together with other signed counterparts, shall constitute one Agreement, which shall be binding
upon and effective as to all Parties.
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the
date first written above.
TENANT:
Gamez Insurance and Income Tax
BY~ Date 2008
Rosalio Uriarte
OWNER:
BY~ Date 2008
Aurora Angel
CITY OF SANTA ANA:
BY~ Date: 2008
David N. Ream
City Manager
ATTEST:
BY~ Date: , 2008
Patricia E. Healy
Clerk ofthe Council
APPROVED AS TO FORM:
Jose Sandoval
Senior Assistant City Attorney Date: _ , 2008
Acquisition Settlement Agreement
Page 7 of 8
25Q-26
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
All that certain real property situated in the County of Orange, State of California,
described as follows:
Parcel 1:
That portion of Lot 12 of the Nininger Tract, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 8, Page 33 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Beginning at a point on the West line of said Lot, 147.5 feet North of the
Southwest corner thereof; thence continuing along said West line North 49.18 feet;
thence Easterly to a point on the East line of said Lot 195.87 feet North of the
Southeast corner thereof; thence South 48.775 feet along said East line; thence
Westerly to the point of beginning
Except the West 10 feet thereof.
Parcel 2:
The South 49.16 feet of the North 98.32 feet of Lot 12 of the Nininger Tract, in the
City of Santa Ana, County of Orange, State of California, as per map recorded in
Book 8, Page 33 of Miscellaneous Maps, in the Office of the County Recorder of
said County.
Except therefrom the West 10 feet thereof, granted to the City of Santa Ana, by
deed recorded in Book 2192, Page 384, Official Records.
Assessor's Parcel Number: 010-272-24; 010-272-25
Acquisition Settlement Agreement
Page 8 of 8
25Q-27
ACQUISITION SETTLEMENT AGREEMENT
This Acquisition Settlement Agreement ("ASA") is entered into on 2008
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 Alex Ker dba
Infinity Cellular & Paging ("Tenant"). City and Tenant may collectively be referred to in this
ASA as the "Parties."
RECITALS
A. Tenant operates a business on the Property commonly known as Infinity Cellular &
Paging, and is the occupant of the real property and improvements located on the
Property, more specifically described in Exhibit "A", Legal Description, attached
hereto.
B. Aurora Angel ("Landlord") is the fee owner of 1007 to 1011 South Bristol Street, Santa
Ana, California ("Property"). Owner and City have negotiated a Purchase and Sale
Agreement ("PSA") for a portion of the Property, as legally described and depicted in
Exhibit "B" attached hereto ("Acquired Property"), which will result in the termination of
Owner's and Tenant's rights, title and/or interests in the Acquired Property.
C. The Property is located within the Area of the Bristol Street Widening Project from Pine
Street to McFadden Avenue and City intends to acquire a portion of the Property for a
public use.
D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property
by City are in dispute. The Parties desire to establish their respective rights and
obligations and to resolve any and all existing disputes with regard to the acquisition
of the Acquired Property by City upon the terms and conditions as hereinafter set forth.
E. Landlord will develop a replacement retail structure ("Replacement Structure") on
the lot immediately east and adjacent to the Property. This lot is identified as APN
101-272-04. Construction of Replacement Structure is expected to be completed on or
about, December 31, 2008. Tenant has been offered the opportunity to lease a unit
within the Replacement Structure and Tenant desires to accept this offer, pending
final lease negotiations between Tenant and Landlord.
F. Tenant qualifies as a displaced person under California Code of Regulations, Title 25,
Division 1, Chapter 6, and is therefore eligible for relocation benefits as described
therein. Tenant acknowledges that they have been informed of the City's relocation
program and that they have received written material describing the relocation
program, including a General Information Notice, an Informational Brochure and a
Notice of Eligibility. Tenant understands that they are under no obligation to enter
into this ASA and move into the Replacement Structure. Tenant understands and
acknowledges that they may choose to relocate from the Property to an alternate site.
Acquisition Settlement Agreement
Page 1 of 8
25Q-28
Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions of this ASA, the Parties agree as follows:
Consideration
a. City agrees to pay Tenant, in accordance with the disbursement schedule
referenced in section 1(c)(d)(e)&(f), below, the total sum of ONE HUNDRED
FIVE THOUSAND, FOUR HUNDRED SEVEN AND NO/100 DOLLARS
($105,407.00) as compensation for relocation assistance and/or other
relocation benefits to which Tenant may be entitled, and any and all loss of
business goodwill, leasehold interests, personal property, improvements pertaining
to realty, bonus value, severance damages, and any and all other damages to
which Tenants may be entitled as a result of City's acquisition of the Acquired
Property for the Project.
b. Tenant hereby agrees to assign certain payments under this ASA to Landlord to be
used exclusively for construction and installation of certain tenant improvements
and trade fixtures within Tenant's individual unit within Replacement Structure.
The total amount of this assignment is SIXTY FOUR THOUSAND, TWO
HUNDRED FIFTY DOLLARS AND NO/100 ($64,250.00). In exchange for
such assignment, Landlord will be obligated to provide the following improvements
within Tenant's Replacement Structure space: HVAC, lights, T Bar ceiling,
insulation at ceiling, standard number of electrical outlets, flooring, one bathroom
that meets Americans with Disabilities Act standards, phone jacks in number
sufficient to operate Tenant's current equipment, finish painted interior walls,
carpet and base, interior framing and drywall, interior doors, and soft costs such as
contingency, builder overhead and profit, zoning and associated permit fees and
architectural and engineering fees.
Tenant is responsible for payment for the move of the personal property,
disconnection, move and reconnection of all fixtures and equipment, reinstallation
of racks and displays, installation of telephone system, associated permit fees, and
any electrical requirements in addition to standard electrical service.
c. Upon execution of this ASA and an executed lease between Tenant and Landlord
for Replacement Structure, City will process an initial payment to Tenant in the
amount of TEN THOUSAND, TWO HUNDRED EIGHTY NINE
DOLLARS AND 25/100 ($10,289.25) and to Landlord in the amount of
SIXTEEN THOUSAND, SIXTY TWO DOLLARS AND 50/100
($16,062.50).
d. Upon notification and verification that architectural plans for the Replacement
Structure have been approved by the City Building Department, City will process
a second payment to Tenant in the amount of TEN THOUSAND, TWO
HUNDRED EIGHTY NINE DOLLARS AND 25/100 ($10,289.25) and to
Landlord in the amount of SIXTEEN THOUSAND, SIXTY TWO DOLLARS
AND 50/100 ($16,062.50).
Acquisition Settlement Agreement
Page 2 of 8
25Q-29
e. Upon completion of physical improvements to Tenant's unit within the
Replacement Structure, City will process a third payment to Tenant in the amount
of TEN THOUSAND, TWO HUNDRED EIGHTY NINE DOLLARS AND
25/100 ($10,289.25) and to Landlord in the amount of SIXTEEN THOUSAND,
SIXTY TWO DOLLARS AND 50/100 ($16,062.50).
f. City to process a final payment to Tenant in the amount of TEN THOUSAND,
TWO HUNDRED EIGHTY NINE DOLLARS AND 25/100 ($10,289.25)
once Tenant has (1) vacated the Property, (2) executed and delivered to City a
Certificate of Abandonment of the Property, (3) turned over all sets of keys to
the Property to the City or to City's agents, or Landlord, and (4) confirmed in
writing to City that any and all hazardous materials have been removed from
the Property in accordance with all applicable federal and state laws,
ordinances and/or regulations. Once Tenant has met all four requirements
listed above, City will process a final payment to Landlord in the amount of
SIXTEEN THOUSAND, SIXTY TWO DOLLARS AND 50/100
($16,062.50).
g. Payment of the consideration referenced in section 1 of this ASA, shall constitute
full satisfaction of any and all of City's obligations to compensate Tenant.
h. As a matter of record, the compensation paid to Tenant in accordance with this
ASA shall be proportioned in the following amounts: Relocation benefits
shall equal $90,407. Payment for any loss of furniture, fixtures and equipment,
bonus value, improvements to realty, business goodwill, and/or severance
damages shall equal $15,000.
In the event that the lease between Tenant and Landlord for the Replacement
Structure is terminated, or becomes null and void prior to the final payment in
accordance with this ASA, any remaining unpaid payments that were assigned
to Landlord will revert to Tenant and no further payments will be made to
Landlord under this ASA. Tenant fully releases any and all claims against
payments already made to Landlord, which will not be returned to Tenant.
Additionally, all future scheduled payments to Tenant will cease until Tenant
vacates the Property and meets vacancy criteria as stated in section (fj, above,
at which time City will make all remaining payments to Tenant. Tenant is
required to vacate the Property within thirty (30) days from the date the
Replacement Structure lease is terminated or voided, excepting that tenant must
vacate the Property no later than December 31, 2008.
2. Release
a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to
indemnify, fully release, acquit and discharge City, and the officers, directors,
employees, attorneys, accountants, other professionals, insurers and agents of
Acquisition Settlement Agreement
Page 3 of 8
25Q-30
City (collectively "Agents") and all entities related to City, from any and all rights,
claims, interests, demands, actions or causes of action which Tenant now has or
may in the future have against City arising from the acquisition of the Acquired
Property, including, but not limited to, trade fixtures, furniture and equipment,
leasehold interests, and claims for loss of business goodwill, bonus value (if any)
and/or severance damages (if any), including claims from vendors, independent
contractors, subtenants now and forever.
b. No Party, nor any Agents, nor any related entities, to this ASA have made any
statement or representation to any other Party regarding any fact relied upon in
entering into this ASA, and each party expressly states it does not rely upon any
statement, representation or promise of any other Party or any Party's Agent or
related entities in executing this ASA, except as is expressly stated in this ASA.
Each Party to this ASA has made such investigation of the facts and law
pertaining to this ASA, and of all other matters pertaining hereto, as it deems
reasonable, necessary and/or appropriate, and has consulted with legal counsel
concerning the matters contained herein.
3. Attorne 's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
4. Indemnity By Tenants
Tenant shall indemnify, defend and hold harmless City from and against any and all
claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting
from the breach by Tenant of any provision of this ASA, or the falsity of any
representation or warranty made by Tenant contained in this ASA.
5. Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the subject
matter discussed herein, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. This ASA may be modified only
by a writing executed by the Parties hereto.
6. PartialInvalidity
In the event that any term, covenant, condition or provision of this ASA shall be held by
a court of competent jurisdiction to be invalid or against public policy, the remaining
provisions shall continue in full force and effect.
Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in whole or
in part, only upon the written consent of all Parties to this ASA. The waiver by one party
of the duty of performance by the other Party of any provision in this ASA shall not
Acquisition Settlement Agreement
Page 4 of 8
25Q-31
invalidate this ASA, nor shall it be considered a waiver of any rights or remedies
available to the non-breaching Party of this ASA.
Headines
The headings, subheadings and numbering of the different sections of this ASA are inserted
for convenience only and shall not be considered for any purpose in construing this ASA.
9. Governin Law
The rights and obligations of the parties hereto shall be construed and enforced in
accordance with, and governed by, the laws of the State of California.
10. Successors In Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non-signatories to this ASA, this
ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors-in-interest, personal representatives, executors, estate, heirs, legatees,
Agents and related entities of each of the Parties hereto.
11. Necessary Acts
Each Party to this ASA agrees to perform any further acts and execute and deliver any
further documents that may be reasonably necessary to carry out the provisions of this
ASA.
12. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other Party that
it has reviewed each term of this ASA with its counsel and hereafter no Party shall
deny the validity of this ASA on the ground that the party did not have advice of
counsel. Each Party to this ASA has had the opportunity to receive independent
legal advice with respect to the advisability of entering into and being bound by this
ASA and with respect to the meaning of California Civil Code § 1542.
13. Parties Have Not Transferred Right Or Claims
The Parties hereto each represent and warrant to the other Party that they have not
assigned, transferred or sublet to any third party any of the rights, claims, causes of action
or items to be released or transferred which they are obligated to transfer or to release as
part of this ASA.
14. Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this ASA. Each
Party executing this ASA on behalf of an entity, other than an individual executing this
Acquisition Settlement Agreement
Page 5 of S
25Q-32
ASA on his or her own behalf, represents that he or she is authorized to execute this ASA
on behalf of said entity.
15. Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any construction
or interpretation to be made of this ASA, or of any of its terms, conditions and/or
provisions, the same shall not be construed against any party.
l6. Notices
All notices, requests, demands and other communications required or permitted to be
given under this ASA shall be in writing and shall either be delivered in writing
personally or be sent by telegram or by regular or certified first class mail, postage
prepaid, deposited in the United States mail, and properly addressed to the Party at its
address as set forth below, or at any other address that such Party may designate by
written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Tenant: Infinity Cellular & Paging
1011 S. Bristol St. Unit B
Santa Ana, CA 92703
Attn: Alex Ker
To Tenant: Alex Ker
Post-move 1011 S. Bristol St. Unit B
Santa Ana, CA 92703
Attn: Alex Ker
Acquisition Settlement Agreement
Page 6 of 8
25Q-33
A'1°1'l:~'1':
17. Counterparts
This ASA may be executed in counterparts, each of which shall be deemed an original, and, when
taken together with other signed counterparts, shall constitute one Agreement, which shall be binding
upon and effective as to all Parties.
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the
date first written above.
TENANT:
Infinity Cellular & Paging
By: Date 2008
Alex Ker
OWNER:
By: Date 2008
Aurora Angel
CITY OF SANTA ANA:
By:
David N. Ream
City Manager
ATTEST:
By:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
By:
Jose Sancbval
Senior Assistant City Attorney
Date:
Date:
2008
2008
Date:
Acquisition Settlement Agreement
Page 7 of 8
25Q-34
2008
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
All that certain real property situated in the County of Orange, State of California,
described as follows:
Parcel 1:
That portion of Lot 12 of the Nininger Tract, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 8, Page 33 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Beginning at a point on the West line of said Lot, 147.5 feet North of the
Southwest corner thereof; thence continuing along said West line North 49.18 feet;
thence Easterly to a point on the East line of said Lot 195.87 feet North of the
Southeast corner thereof; thence South 48.775 feet along said East line; thence
Westerly to the point of beginning
Except the West 10 feet thereof.
Parcel 2:
The South 49.16 feet of the North 98.32 feet of Lot 12 of the Nininger Tract, in the
City of Santa Ana, County of Orange, State of California, as per map recorded in
Book 8, Page 33 of Miscellaneous Maps, in the Office of the County Recorder of
said County.
Except therefrom the West 10 feet thereof, granted to the City of Santa Ana, by
deed recorded in Book 2192, Page 384, Official Records.
Assessor's Parcel Number: 010-272-24; 010-272-25
Acquisition Settlement Agreement
Page 8 of 8
25Q-35
ACQUISITION SETTLEMENT AGREEMENT
This Acquisition Settlement Agreement ("ASA") is entered into on 2008
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 Rocela's Beauty
Salon ("Tenant"). City and Tenant may collectively be referred to in this ASA as the "Parties."
RECITALS
A. Tenant operates a business on the Property commonly known as Rocela's Beauty
Salon, and is the occupant of the real property and improvements located on the Property,
more specifically described in Exhibit "A", Legal Description, attached hereto.
B. Aurora Angel ("Landlord") is the fee owner of 1007 to 1011 South Bristol Street, Santa
Ana, California ("Property"). Owner and City have negotiated a Purchase and Sale
Agreement ("PSA") for a portion of the Property, as legally described and depicted in
Exhibit "B" attached hereto ("Acquired Property"), which will result in the termination of
Owner's and Tenant's rights, title and/or interests in the Acquired Property.
C. The Property is located within the Area of the Bristol Street Widening Project from Pine
Street to McFadden Avenue and City intends to acquire a portion of the Property for a
public use.
D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property
by City are in dispute. The Parties desire to establish their respective rights and
obligations and to resolve any and all existing disputes with regard to the acquisition
of the Acquired Property by City upon the terms and conditions as hereinafter set forth.
E. Landlord will develop a replacement retail structure ("Replacement Structure") on
the lot immediately east and adjacent to the Property. This lot is identified as APN
101-272-04. Construction of Replacement Structure is expected to be completed on or
about, December 31, 2008. Tenant has been offered the opportunity to lease a unit
within the Replacement Structure and Tenant desires to accept this offer, pending
final lease negotiations between Tenant and Landlord.
F. Tenant qualifies as a displaced person under California Code of Regulations, Title 25,
Division I, Chapter 6, and is therefore eligible for relocation benefits as described
therein. Tenant acknowledges that they have been informed of the City's relocation
program and that they have received written material describing the relocation
program, including a General Information Notice, an Informational Brochure and a
Notice of Eligibility. Tenant understands that they are under no obligation to enter
into this ASA and move into the Replacement Structure. Tenant understands and
acknowledges that they may choose to relocate from the Property to an alternate site.
Acquisition Settlement Agreement
Page 1 of 8
25Q-36
Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions of this ASA, the Parties agree as follows:
1. Consideration
a. City agrees to pay Tenant, in accordance with the disbursement schedule
referenced in section 1(c)(d)(e)&(f), below, the total sum of ONE HUNDRED
THREE THOUSAND, TWO HUNDRED FORTY TWO AND NO/100
DOLLARS ($103,242.00) as compensation for relocation assistance and/or
other relocation benefits to which Tenant may be entitled, and any and all loss
of business goodwill, leasehold interests, personal property, improvements
pertaining to realty, bonus value, severance damages, and any and all other
damages to which Tenants may be entitled as a result of City's acquisition of the
Acquired Property for the Project.
b. Tenant hereby agrees to assign certain payments under this ASA to Landlord to be
used exclusively for construction and installation of certain tenant improvements
and trade fixtures within Tenant's individual unit within Replacement Structure.
The total amount of this assignment is SEVENTY NINE THOUSAND, SEVEN
HUNDRED TWENTY FIVE DOLLARS AND NO/100 ($79,725.00). In
exchange for such assignment, Landlord will be obligated to provide the following
improvements within Tenant's Replacement Structure space: HVAC, lights, T Bar
ceiling, insulation at ceiling, standard number of electrical outlets, ceramic flooring
tiling and the base, one bathroom that meets Americans with Disabilities Act
standards, phone jacks in number sufficient to operate Tenant's current equipment,
finish painted interior walls, concrete cutting and patching, plumbing, interior
framing and drywall, interior doors, and soft costs such as contingency, builder
overhead and profit, zoning and associated permit fees and architectural and
engineering fees.
Tenant is responsible for payment for the move of the personal property,
disconnection, move, reconnection and reinstallation of all fixtures and equipment,
installation of telephone system, any electrical requirements in addition to standard
electrical service, and any associated permit fees
Upon execution of this ASA and an executed lease between Tenant and Landlord
for Replacement Structure, City will process an initial payment to Tenant in the
amount of FIVE THOUSAND, EIGHT HUNDRED SEVENTY NINE
DOLLARS AND 25/100 ($5,879.25) and to Landlord in the amount of
NINETEEN THOUSAND NINE HUNDRED THIRTY ONE DOLLARS
AND 25/100 ($19,931.25).
d. Upon notification and verification that architectural plans for the Replacement
Structure have been approved by the City Building Department, City will process
a second payment to Tenant in the amount of FIVE THOUSAND, EIGHT
HUNDRED SEVENTY NINE DOLLARS AND 25/100 ($5,879.25) and to
Landlord in the amount of NINETEEN THOUSAND NINE HUNDRED
Acquisition Settlement Agreement
Page 2 of 8
25Q-37
THIRTY ONE DOLLARS AND 25/100 ($19,931.25).
e. Upon completion of physical improvements to Tenant's unit within the
Replacement Structure. City will process a third payment to Tenant in the amount
of FIVE THOUSAND, EIGHT HUNDRED SEVENTY NINE DOLLARS
AND 25/100 ($5,879.25) and to Landlord in the amount of NINETEEN
THOUSAND NINE HUNDRED THIRTY ONE DOLLARS AND 25/100
($19,931.25).
f. City to process a final payment to Tenant in the amount of FIVE THOUSAND,
EIGHT HUNDRED SEVENTY NINE DOLLARS AND 25/100 ($5,879.25)
once Tenant has (1) vacated the Property, (2) executed and delivered to City a
Certificate of Abandonment of the Property, (3) turned over all sets of keys to
the Property to the City or to City's agents, or Landlord, and (4) confirmed in
writing to City that any and all hazardous materials have been removed from
the Property in accordance with all applicable federal and state laws,
ordinances and/or regulations. Once Tenant has met all four requirements
listed above, City will process a final payment to Landlord in the amount of
NINETEEN THOUSAND NINE HUNDRED THIRTY ONE DOLLARS
AND 25/100 ($19,931.25).
g. Payment of the consideration referenced in section 1 of this ASA, shall constitute
full satisfaction of any and all of City's obligations to compensate Tenant.
h. As a matter of record, the compensation paid to Tenant in accordance with this
ASA shall be proportioned in the following amounts: Relocation benefits
shall equal $88,442. Payment for any loss of furniture, fixtures and equipment,
bonus value, improvements to realty, business goodwill, and/or severance
damages shall equal $15,000.
In the event that the lease between Tenant and Landlord for the Replacement
Structure is terminated, or becomes null and void prior to the final payment in
accordance with this ASA, any remaining unpaid payments that were assigned
to Landlord will revert to Tenant and no further payments will be made to
Landlord under this ASA. Tenant fully releases any and all claims against
payments already made to Landlord, which will not be returned to Tenant.
Additionally, all future scheduled payments to Tenant will cease until Tenant
vacates the Property and meets vacancy criteria as stated in section (f), above,
at which time City will make all remaining payments to Tenant. Tenant is
required to vacate the Property within thirty (30) days from the date the
Replacement Structure lease is terminated or voided, excepting that tenant must
vacate the Property no later than December 31, 2008.
2. Release
a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to
indemnify, fully release, acquit and discharge City, and the officers, directors,
Acquisition Settlement Agreement
Page 3 of 8
25Q-38
employees, attorneys, accountants, other professionals, insurers and agents of
City (collectively "Agents") and all entities related to City, from any and all rights,
claims, interests, demands, actions or causes of action which Tenant now has or
may in the future have against City arising from the acquisition of the Acquired
Property, including, but not limited to, trade fixtures, furniture and equipment,
leasehold interests, and claims for loss of business goodwill, bonus value (if any)
and/or severance damages (if any), including claims from vendors, independent
contractors, subtenants now and forever.
b. No Party, nor any Agents, nor any related entities, to this ASA have made any
statement or representation to any other Party regarding any fact relied upon in
entering into this ASA, and each party expressly states it does not rely upon any
statement, representation or promise of any other Party or any Party's Agent or
related entities in executing this ASA, except as is expressly stated in this ASA.
Each Party to this ASA has made such investigation of the facts and law
pertaining to this ASA, and of all other matters pertaining hereto, as it deems
reasonable, necessary and/or appropriate, and has consulted with legal counsel
concerning the matters contained herein.
3. Attornev's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
4. Indemnity By Tenants
Tenant shall indemnify, defend and hold harmless City from and against any and all
claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting
from the breach by Tenant of any provision of this ASA, or the falsity of any
representation or warranty made by Tenant contained in this ASA.
5. Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the subject
matter discussed herein, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. This ASA may be modified only
by a writing executed by the Parties hereto.
6. Partiallnvalidity
In the event that any term, covenant, condition or provision of this ASA shall be held by
a court of competent jurisdiction to be invalid or against public policy, the remaining
provisions shall continue in full force and effect.
Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in whole or
in part, only upon the written consent of all Parties to this ASA. The waiver by one party
Acquisition Settlement Agreement
Page 4 of 8
25Q-39
of the duty of performance by the other Party of any provision in this ASA shall not
invalidate this ASA, nor shall it be considered a waiver of any rights or remedies
available to the non-breaching Party of this ASA.
8. Headings
The headings, subheadings and numbering of the different sections of this ASA are inserted
for convenience only and shall not be considered for any purpose in construing this ASA.
9. Governing_Law
The rights and obligations of the parties hereto shall be construed and enforced in
accordance with, and governed by, the laws of the State of California.
10. Successors In Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non-signatories to this ASA, this
ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors-in-interest, personal representatives, executors, estate, heirs, legatees,
Agents and related entities of each of the Parties hereto.
11. Necessarv Acts
Each Party to this ASA agrees to perform any further acts and execute and deliver any
further documents that may be reasonably necessary to carry out the provisions of this
ASA.
12. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other Party that
it has reviewed each term of this ASA with its counsel and hereafter no Party shall
deny the validity of this ASA on the ground that the party did not have advice of
counsel. Each Party to this ASA has had the opportunity to receive independent
legal advice with respect to the advisability of entering into and being bound by this
ASA and with respect to the meaning of California Civil Code § 1542.
13. Parties Have Not Transferred Right Or Claims
The Parties hereto each represent and warrant to the other Party that they have not
assigned, transferred or sublet to any third party any of the rights, claims, causes of action
or items to be released or transferred which they are obligated to transfer or to release as
part of this ASA.
14. Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this ASA. Each
Acquisition Settlement Agreement
Page 5 of 8
25Q-40
Party executing this ASA on behalf of an entity, other than an individual executing this
ASA on his or her own behalf, represents that he or she is authorized to execute this ASA
on behalf of said entity.
15. Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any construction
or interpretation to be made of this ASA, or of any of its terms, conditions and/or
provisions, the same shall not be construed against any party.
16. Notices
All notices, requests, demands and other communications required or permitted to be
given under this ASA shall be in writing and shall either be delivered in writing
personally or be sent by telegram or by regular or certified first class mail, postage
prepaid, deposited in the United States mail, and properly addressed to the Party at its
address as set forth below, or at any other address that such Party may designate by
written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Tenant: Rocela's Beauty Salon
1011 S. Bristol St. Unit C
Santa Ana, CA 92703
Attn: Rocela Moreno
To Tenant: Rocela's Beauty Salon
Post-move 1011 S. Bristol St. Unit C
Santa Ana, CA 92703
Attn: Rocela Moreno
Acquisition Settlement Agreement
Page 6 of 8
25Q-41
17. Counterparts
This ASA may be executed in counterparts, each of which shall be deemed an original, and, when
taken together with other signed counterparts, shall constitute one Agreement, which shall be binding
upon and effective as to all Parties.
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the
date first written above.
TENANT:
Rocela's Beauty Salon
By:
Rocela Moreno
OWNER:
By:
Aurora Angel
CITY OF SANTA ANA:
By:
David N. Ream
City Manager
ATTEST:
By:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Date
2008
Date 2008
Date: 2008
Date:
Joee Sandoval
Senior Assistant City Attorney
Date:
Acquisition Settlement Agreement
Page 7 of 8
2008
2008
25Q-42
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
All that certain real property situated in the County of Orange, State of California,
described as follows:
Parcel 1:
That portion of Lot 12 of the Nininger Tract, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 8, Page 33 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Beginning at a point on the West line of said Lot, 147.5 feet North of the
Southwest corner thereof; thence continuing along said West line North 49.18 feet;
thence Easterly to a point on the East line of said Lot 195.87 feet North of the
Southeast corner thereof; thence South 48.775 feet along said East line; thence
Westerly to the point of beginning
Except the West 10 feet thereof.
Parcel 2:
The South 49.16 feet of the North 98.32 feet of Lot 12 of the Nininger Tract, in the
City of Santa Ana, County of Orange, State of California, as per map recorded in
Book 8, Page 33 of Miscellaneous Maps, in the Office of the County Recorder of
said County.
Except therefrom the West 10 feet thereof, granted to the City of Santa Ana, by
deed recorded in Book 2192, Page 384, Official Records.
Assessor's Parcel Number: 010-272-24; 010-272-25
Acquisition Settlement Agreement
Page 8 of 8
25Q-43
25Q-44
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AGREEMENT FOR THE MANAGEMENT AND
OPERATION OF THE CABRILLO TENNIS
CENTER
~pc~~ ~. -
C TY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk
attached agreement with Match Point T~
amount of $48,000 for the management
Tennis Center for a five-year term
options, subject to non-substantive
Manager and City Attorney.
of the Council to execute the
=nnis Academy, LLC in an annual
and operation of the Cabrillo
with four, five-year renewal
changes approved by the City
DISCUSSION
The Parks, Recreation and Community Services Agency entered into a one-
year license agreement with Match Point Tennis Academy in November 2007
for the provision of a tennis academy at Cabrillo Tennis Center. Under
the direction of Elson De Cantuaria, a former professional tennis
player who has an extensive background in tennis center management and
administration, Match Point Tennis Academy has been successful in
helping to revive the sport of tennis in Santa Ana by increasing the
overall number of participants at the Cabrillo Tennis Center and
introducing more young people to tennis by providing free training and
consulting services to sponsored Santa Ana youth.
In addition, Match Point has successfully completed key improvements to
the facility to enhance the playability of the courts. Improvement
projects completed by Match Point over the past six months include
resurfacing the tennis courts, painting the light posts and perimeter
fencing surrounding the tennis courts, replacing court windscreens, and
aesthetic improvements to the interior of the existing clubhouse.
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Agreement for the Management and Operation
of the Cabrillo Tennis Center
June 2, 2008
Page 2
The proposed operating agreement will authorize Match Point Tennis
Academy to supervise and maintain the entire leased premises at the
Cabrillo Tennis Center, including, the tennis courts, club house,
locker rooms and showers, and the soon to be relocated Twist-Basler
House. Match Point will also be responsible for enforcement of safety
practices and regulations consistent with the City's policies and
regulations at the facility. Match Point will also continue to sponsor
Santa Ana youth into its player development program and provide the
residents of Santa Ana with a discounted court fee and priority use of
the tennis courts.
The initial term of the operating agreement will
with four, five-year renewal options. Match Point
monthly base rental of $4,000 (or $48,000 annuall
will generate $18,000 more than the $30,000 that
receives in annual tennis revenue. In addition,
other operational cost savings will be achieved.
be for five years,
will pay the City a
y). This agreement
the City currently
salary savings and
FISCAL IMPACT '~
Funds generated from the agreement will be deposited into the General
Fund-Tennis Reservation account (no. 11-O1-5561).
to ~c{,~
Gerardo Mouet,
Executive Dire for
Parks, Rec. an Com. Svcs.
APPROVED AS TO FUNDS AND ACCOUNT:
~~ ~ ~ ~l~ ~ L_~yz~
Francisco Gutierrez,
Executive Director
Finance and Mgt. Svcs. Agency
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OPERATING AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND
MATCH POINT TENNIS ACADEMY
THIS OPERATING AGREEMENT ("Agreement") is made and entered into this
day of , 2008, by and between the City of Santa Ana, a charter city and
municipal corporation, duly organized and exiting under the constitution and laws of the
State of California, herein referred to as "City", and Match Point Tennis Academy, LLC,
a California Limited Liability Company, herein referred to as "Match Point".
RECITALS:
A. The City desires to provide a quality tennis academy open to all its residents at the
Cabrillo Tennis Center at Santa Ana, and desires to contract for such services with
Match Point.
B. City owns the real property and facilities commonly known as the Cabrillo Tennis
Center, located at 800 N. Cabrillo Park Drive, Santa Ana, California (the
"Facilities"). The Facilities has nine (9) lighted tennis courts and a small tennis
clubhouse complete with locker rooms and showers for players and business
invitees.
C. City desires that Match Point operate the Facilities, as herein described and shown
in general in Exhibit "1", for the purpose of accommodating a tennis facility and
for no other purpose unless expressly agreed to in writing by the City.
D. Match Point represents that it is qualified to provide a quality tennis academy on
the Facilities. In undertaking the performance of this Agreement, Match Point
represents that it is knowledgeable in this field and that any service performed
under this Agreement will be performed in compliance with all required
professional standards of conduct and in accordance with the terms and conditions
of this Agreement, including all attachments hereto. Match Point's Director,
Elson T. De Cantuaria, is experienced and qualified in operating a tennis
academy. A copy of Mr. De Cantuaria's resume is attached hereto as Exhibit 2.
NOW THEREFORE, in consideration of the respective and mutual covenants
and promises hereinafter contained and made, and subject to all terms and conditions
hereof, the parties agree as follows:
AGREEMENT
1. Use of Facilities. City hereby licenses the Facilities to Match Point on all
of the terms and conditions set forth in this Operating Agreement.
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2. Term of License. The Term of this License (the "term") shall be Five (5)
years. The Term shall commence on the Commencement Date (as hereinafter defined),
and shall expire on the fifth (5th) anniversary thereof, if not terminated earlier pursuant to
the terms of this License. This License and Operating Agreement is subject to four (4)
five-year renewals upon City Council approval. Notice of Option to Renew this License
shall be provided no later than six (6) months before the expiration of the current License
term. Earlier termination of this Agreement shall be in conformance with Section 17 and
18, below.
3. Consideration.
A. As consideration for this Agreement, Match Point shall pay to City as
compensation for use of and right to operate the Facilities the amount
of $4000.00 per month.
B. Additional consideration for this agreement shall be provided by
Match Point's sponsorship of students and installation of
improvements to the tennis facility as described herein.
C. Compensation will be due upon execution of this Agreement and
thereafter on or before the 10th day of each succeeding month, payable
to "The City of Santa Ana" and remitted to: The City of Santa Ana,
Finance and Management Services, Attention: Francisco Gutierrez, 20
Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A
late charge of ten percent (10%) shall be applied after any payment
hereunder is due but unpaid. In addition, one and a half percent (1
%) interest per month shall be added for each month that payment
hereunder is due but unpaid.
4. Commencement Date. This Agreement shall commence and become
effective upon the last party to sign this Agreement. This Operating Agreement shall
supersede the current Site License Agreement #N--20007-120 entered into between the
parties.
Match Point Responsibilities
A. Match Point agrees that City Programs and City Residents shall have
priority use of the Property so long as said programs and residents do not
conflict with Licensee's regularly scheduled Programs. Match Point
agrees that at least 30% of the courts will be made available to City
residents by reservation or walk-in; and 30% for City-sponsored programs
by reservation during its normal operating hours. In the event a dispute
regarding court usage arises, the City's Executive Director of Parks,
Recreation and Community Services Agency shall make the final decision
regarding court usage.
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B. Match Point agrees that students attending a Santa Ana Unified
School District (SAUSD) school as well as City of Santa Ana
residents (youth and adult) shall be given priority to participate in
Match Point's programs.
C. Match Point shall strive to balance the number of boys and girls
participating in each of its programs. Equal opportunity shall be
given to both boys and girls to participate in try-outs, clinics,
tournaments, academies and any other programs that Match Point
provides.
D. Match Point agrees to sponsor two (2) Santa Ana resident youth
players (between the ages of 12 and 17) who qualify to participate in
the Match Point's Advanced Player Development Tennis Academy.
Match Point shall provide six months of free training and consulting
services to the sponsored students. Sponsorship shall be valued at
$300.00 per youth, per month and includes free consulting services.
E. Match Point agrees to sponsor two (2) Santa Ana resident youth
players (between the ages of 9 and 13) who qualify to participate in
the Match Point's Intermediate Player Development Tennis
Academy. Match Point shall provide six months of free training and
consulting services to the sponsored students. Sponsorship shall be
valued at $300.00 per youth, per month and includes free consulting
services.
F. Match Point agrees to sponsor two (2) Santa Ana resident youth
players (between the ages of 14 and 16) who qualify to participate in
Match Point's High School Player Development Tennis Academy.
Match Point shall provide six months of free training and consulting
services to the sponsored students. Sponsorship shall be valued at
$300.00 per youth, per month and includes free consulting services.
G. Should City agree to sponsor and pay the expenses for additional
qualified Santa Ana youth tennis players to attend any of the above
academies, Match Point agrees to give these players priority to
participate in these academies.
H. Match Point agrees that each sponsored student who participates in
the Match Point's Player Development Academies shall maintain a
"B" grade point average or higher. Match Point agrees that should
any player registered in their academies drop below a "B" grade
point average, that student will be placed on academic probation for
six months. Students shall submit quarterly grade reports to Match
Point. City will have access to grade reports in order to monitor and
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ensure compliance. City will be responsible for notifying students of
noncompliance.
I. Match Point shall resurface and maintain the nine (9) existing courts
as often as necessary to assure high quality tennis court surfaces at
all times.
Pro Shop and Food and Beverages. As part of the Operating
Agreement, Match Point will be authorized to operate a pro shop on
site. Match Point will also be authorized to sell food and beverages.
Except as noted in paragraph "SK" below, the storage and/or sale of
tobacco and alcoholic beverages or other unhealthy food products or
sexual products is expressly prohibited. Match Point will make a
good faith effort to sell at least 50% healthy snacks and drinks.
K. Special Events and Rental of Facilities. Match Point agrees that it
will not use, or rent, the facilities for special events of any kind
without first seeking approval from the City. To the extent that
Match Point desires to provide alcoholic beverages at any of its
events, it must first seek and obtain City approval.
L. Facility Staffing. Match Point shall maintain staffing levels
sufficient to comply with its responsibilities under this agreement.
The facility shall be staffed by Match Point at all times during
Operating Hours. Operating Hours shall be from Sam to l Opm,
Monday through Friday; and from 8:OOam to 8:OOpm on Saturday
and Sunday. Match Point shall be responsible for supervision of the
entire Facilities, including, but not limited to, tennis courts, club
house, locker rooms and showers, and parking lot. Match Point shall
also be responsible for enforcement of safety practices and
regulations.
M. Facility Maintenance. Match Point will maintain the entire Facilities
in a safe and clean condition, order and repair, including paying at its
own cost and expense for custodial services, maintenance of the
tennis courts and other improvements, including washing the courts,
replacing and maintaining nets and net posts/hardware, windscreens,
fences, ball machines and any other equipment.
N. Fees for Use of Facility. Santa Ana residents will continue to be
charged for use of the courts in accordance with the following
schedule:
Courts 1-9
Weekdays:
8:OOam to 12 noon $4.00/hr.
12 Noon to 4pm $2.00/hr.
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4:OOpm to dusk $4.00/hr.
Under Lights $6.00/hr.
Courts 1-9
Weekends:
8:OOam to 3pm $4.00/hr.
3:OOpm to dusk $2.00/hr.
Under Lights $6.00/hr.
Match Point shall collect anon-resident surcharge of $2.00 for use of
courts. Use of the courts for tournaments will also be charged a
surcharge. Any change in this fee structure will only be permitted
with the prior written approval of the Executive Director of Parks,
Recreation and Community Services Agency in compliance with any
applicable law.
O. Accounting and Audit. Match Point will be responsible for collecting
all fees as indicated herein and agrees that it will provide the City
with an annual accounting showing the amount of fees collected per
calendar year. Match Point will also provide the City with data
showing the breakdown between residents and non residents using
the facilities. City retains the option to request detailed financial
statements, including balance sheets, profit and loss, or income
statements to support the accounting.
P. Twist Basler House. Match Point acknowledges that the City is
currently in the process of relocating the Twist Basler House to the
Facilities. Match Point and City agree that Match Point will have
access to the first and third floor of the House and the City (or a
tenant of its choosing) will have sole access to the second floor. In
the event of a dispute with the occupant of the second floor, Match
Point agrees that City will be final arbiter of dispute.
Q. Upon the expiration or termination of this Agreement, City shall
approve in writing the surrender of the Facilities by Match Point
only after being satisfied that the Facilities have been left in good
and clean condition, less ordinary wear and tear.
6. City Responsibilities.
A. Utilities. City shall pay for all utility services furnished to the
Facilities for the use, operation and maintenance of the Facilities
during the Term of this Agreement, or any extension thereof,
including paying for all charges for heat, gas/water, trash,
electricity charges used during the term of this agreement. Match
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Point will be responsible for payment of other utilities not listed
herein, including payment of telephone and cable charges.
B. Landscape. City will be responsible for the landscape areas of the
facilities.
C. Parking Lot. City will be responsible for the maintenance of the
parking areas serving the facilities.
D. In the event of damage, destruction or vandalism by third parties of
any of the Facilities, the City will contribute to the repair and
restoration as provided in section 9 of this agreement.
7. Match Point's Equipment and Personal Property. Match Point shall
hold title only to Match Point's equipment or personal property placed on the Facilities
by Match Point. All of Match Point's equipment or personal property shall remain the
property of Match Point and are not fixtures. Match Point has the right to remove all of
Match Point's equipment or personal property at its sole cost and expense on or before
the expiration or termination of this Agreement; provided that such removal shall be done
in a professional and careful manner, without interference or damage to any other
equipment, structures or operations on the Facilities or the Property, including the use of
the Facilities or Property by City or any of City's Match Points, assignees or Match
Points.
8. Facility Alterations. Match Point agrees all changes or modifications to
any of the Facilities or the Property require prior written approval of the Executive
Director of Parks, Recreation and Community Services. All requests for such changes or
modifications shall be submitted by Match Point to City by utilizing its current
Field/Facility Modification Request process, and City reserves the right to approve or
deny such requests. A copy of the City's current Field/Facility Modification Request
process form is attached hereto as Exhibit 3.
9. Damage, Destruction or Vandalism of Facilities. In the event of
damage, destruction or vandalism by third parties of any of the Facilities, Match Point
shall repair or rebuild the same as soon as reasonably possible, except in any of the
following circumstances: (a) Match Point reasonably determines that the repair or
rebuilding cost exceeds the sum of the proceeds available from the applicable insurance
carried pursuant to this License and any related deductible amounts; (b) the damage or
destruction occurs within the last five (5) months of the Term. If any of the foregoing
circumstances exist, then the Match Point may, not later than thirty (30) days after the
date of said damage or destruction, notify the City of the Match Point's intent not to
repair or rebuild the damaged or destroyed Facility. If the Match Point so notifies the
City, then the License shall immediately terminate.
Match Point and City agree that if the cost of repair is less than $3000.00,
Match Point will be solely responsible for the repairs. In the event that the cost of
repairs is over $3000.00, the City and Match Point will share in the cost of repairs.
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10. Indemnification, Defense, Hold Harmless. Match Point shall protect,
defend, indemnify and save and hold harmless City, its officers, officials, employees, and
agents from and against any and all liability, loss, damage, expenses, costs (including
without limitation costs and fees of litigation of any nature) arising out of or in
connection with Match Point's performance of this Agreement or Match Point's failure to
comply with any of Match Point's obligations contained in the Agreement by Match
Point, its officers, agents or employees except such loss or damage which was caused by
the sole negligence or willful misconduct of City. In the event City is named as
codefendant, Match Point shall notify City of such fact and shall represent City in such
legal action unless City undertakes to represent itself as codefendant in such legal action,
in which event City shall bear its own litigation costs, expenses and attorney's fees.
Match Point 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 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.
11. Insurance. In addition to the Match Point's covenant to indemnify and
hold harmless City, Match Point shall obtain and furnish to City, a policy of general
public liability insurance, commercial general liability and property insurance covering
the Facilities and Match Point's Facilities. The policy shall indemnify Match Point and
City, their officers, agents and employees, while acting within the scope of their duties,
against any and all claims arising out of or in connection with the Facilities and Match
Point's Facilities, and shall provide coverage in not less than the following amount:
combined single limit bodily injury, personal injury and property damage, liability, of
$1,000,000 per occurrence. The City also requires an Additional Insured Endorsement,
as attached and incorporated herein as Exhibit 4. The policy shall name City, its agents,
officers, employees and volunteers as Additional Insureds, and shall specifically provide
that any City insurance coverage which may be applicable to the Facilities and Match
Point's Facilities shall be deemed excess coverage and that Match Point's insurance shall
be primary. Match Point is required to give the City no less than thirty (30) days notice
of cancellation or reduction in coverage. No cancellation provision in any insurance
policy shall be construed in derogation of the continuous duty of Match Point to furnish
insurance during the term of this Agreement.
12. Certificates of Insurance; Additional Insured Endorsements. Prior to
execution of this Agreement, Match Point shall furnish to City certificates of insurance
and additional insured endorsements to each of Match Point's insurance policies, subject
to approval of the City Attorney, evidencing the foregoing insurance coverages as
required by this Agreement; these certificates shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
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C. promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30)
days prior written notice of City; and
D. Match Point shall maintain the foregoing insurance coverages in force
throughout the term of this Agreement.
E. City or its representatives shall at all times have the right to demand the
original or a copy of all these policies of insurance, which Match Point
shall provide within fifteen (15) days of City's request.
13. Indemnification Regarding Hazardous Material. Match Point
covenants and agrees to indemnify City from and against any contamination of the
Property with Hazardous Materials by Match Point occurring after commencement of this
License. Match Point further agrees to defend and hold harmless the City from and
against any and all actions, agreements, attorneys' fees, causes of action, claims,
contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits,
liabilities, liens, losses, obligations, and orders which arise during or after the term of this
License related to the existence of Hazardous Materials (from whatever cause) on the
Property or in the groundwater on or under the Property except for: (1) the cost of any
remediation of Hazardous Materials deposited in the soils of the Property by the City or
its employees, agents and contractors, and, (2) any third party personal injury actions
which allege exposure to such undiscovered Hazardous Materials as a result of use of the
Facilities in aCity-sponsored program, or third party activity scheduled by the City. This
indemnification includes, without limitation, costs incurred in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work
required by any federal, state, or local governmental agency or political subdivision
because of Hazardous Material present in the soil or groundwater on or under the
Property. As used herein, the term "Hazardous Material" shall be interpreted broadly to
means any hazardous or toxic substance, material, or waste which now is or hereafter
becomes regulated by any local governmental authority, the State of California or the
United States Government.
14. Taxes. The parties agree that if the Facilities are assessed any taxes or
similar fees or charges due to the activities of Match Point or Match Point's permitted
users, then Match Point shall bear the entire cost of said taxes, fees or charges.
15. Liens. Match Point will not permit any mechanics' or materialmens' or
other liens to stand against the Facilities by reason of any use or occupancy by Match
Point, or any person claiming under Match Point.
16. Non-Discrimination. Match Point shall discriminate as to the
employment of persons relative to the use or operation of the Property, nor shall it
discriminate as to the persons or entities which may use the Property, on the basis of race,
color, national origin, ancestry, gender, disability, sexual orientation, or medical
condition, in violation of state or federal laws, or on any other basis otherwise prohibited
by state or federal law.
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17. Termination of Agreement This License shall be terminable by the City
upon the occurrence of any of the following:
A. Use of Facilities. Match Point ceases operation of a Tennis
Academy; or,
B. Unauthorized Transfer. Match Point transfers or attempts to
transfer any rights or interest in the Property in any fashion without
the City's consent.
18. City's Remedies in Event of Breach. Default or Abandonment. In
event of Match Point's breach, default or abandonment of Facilities, City may:
A. Continue this License in effect by not terminating Match Point's
right to the Facilities, in which event City shall be entitled to
enforce all of its rights and remedies under this Agreement,
including the right to recover the compensation/consideration
specified in this Agreement as it becomes due under this Agreement;
or
B. Terminate this Agreement and recover from Match Point any amount
necessary to compensate City for all detriment proximately caused
by Match Point's failure to perform its obligations under this
Agreement.
C. Should Match Point default in the performance of any of the terms,
conditions, or obligations contained in this Agreement, City may, in
addition to the remedies specified in this section of this Agreement,
re-enter and regain possession of the Facilities in the manner
provided by the laws of the State of California then in effect.
19. Force Maieure. Should the performance of any act required by this
Agreement to be performed by either City or Match Point be prevented or delayed by
reason of an act of God, strike, lockout, labor troubles, inability to secure materials,
restrictive governmental laws or regulations, or any other cause except financial inability
not the fault of the party required to perform the act, the time for performance of the act
will be extended for a period equivalent to the period of delay, and performance of the act
during the period of delay will be excused, provided, however, that nothing contained in
this section shall excuse the prompt payment of compensation by Match Point as required
by this Agreement or the performance of any act rendered difficult solely because of the
financial condition of the party, City or Match Point, required to perform the act.
20. Insolvency of Match Point. The insolvency of Match Point as evidenced
by a receiver being appointed to take possession of all or substantially all of the property
of Match Point, or the making of a general assignment for the benefit of creditors by
Match Point, or the filing of a petition in bankruptcy shall terminate this Agreement and
entitle City to re-enter and regain possession of the Facilities.
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21. Access. Each party shall provide access to the Facilities to the other party,
and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day,
seven (7) days a week. City represents and warrants that it has full rights of ingress and
egress to and from the Facilities, and hereby grants such rights to Match Point to the
extent required to maintain, and operate Match Point's program within the Facilities.
Match Point's exercise of such rights shall not cause undue inconvenience to City.
22. Restrictions on Assignment. This License is entered into specifically
with the parties in mind. Therefore, neither party shall assign any or all of its rights
under this License without the prior written consent of the other party, in its sole and
absolute discretion.
23. Notices. All written notices required to be given pursuant to the terms
hereof shall be either (i) personally delivered, (ii) deposited in the United States express
mail or first class mail, registered or certified, return receipt requested, postage prepaid,
(iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that
the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no
later than one business day following such facsimile. All such notices shall be deemed
delivered upon actual receipt (or upon the first attempt at delivery pursuant to the
methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to
accept delivery). All such notices shall be delivered to the following addresses, or to
such other address as the receiving party may from time to time specify by written notice
to the other party:
To Match Point:
Match Point Tennis Academy
7878 E. Portico Terrace
Orange, CA 92867
Attn: Elson T. De Cantuaria, Director
Telephone No.: (714) 724-9407
Fax No.: (714) ******
E-mail:
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To the City:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attn: Clerk of the City Council
Telephone No.: (714) 647-6520
Fax No.: (714) 647-6956
With a copy to:
Office of the City Attorney
20 Civic Center Plaza
Santa Ana, California 92701
Telephone No.: (714) 647-5201
Fax No.: (714) 647-6515
Executive Director of the Recreation & Comm.
Services Agency
City of Santa Ana
888 W. Santa Ana Blvd., Ste. 200
Santa Ana, CA 92702
Telefacsimile (714) 647-6549
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.
24. Contract Administrator. The Executive Director of the Parks, Recreation
and Community Services Agency, or his/her designee, shall be City's License
Administrator for this Agreement and all approval and notices required to be given herein
shall be so directed and addressed.
25. Incorporation of Recitals and Exhibits. All of the recitals and exhibits
set forth in or attached to this License are by this reference incorporated in and made a
part of this License.
26. Construction. The parties acknowledge that each party and its counsel
have reviewed and revised this License and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this License or any amendments hereto.
27. Governing Law. This License and Operating Agreement shall be
construed and interpreted in accordance with and shall be governed and enforced in all
respects according to the laws of the State of California, without regard to conflicts of
laws principles.
28. Entire Agreement. This License and Operating Agreement contains the
entire understanding of the parties and supersedes any and all other written or oral
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understanding. No alteration of or amendment to this License shall be effective unless
given in writing and signed by the party or parties sought to be charged or bound by the
alteration or amendment.
29. Captions. Any captions or headings to the Sections and subsections in
this License are solely for the convenience of the parties hereto, are not a part of this
License, and shall-not be used for the interpretation or determination of validity of this
License or any provision hereof.
30. Severability. If any one or more of the provisions contained in this
License shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision hereof,
and this License shall be construed as if such invalid, illegal, or unenforceable term or
provision had never been contained herein.
31. Further Assurances. Each party shall cooperate with the other and shall
execute such other documents as may be reasonably necessary to carry out the provisions
of this License and Operating Agreement.
32. No Waiver. Any waiver, consent or approval by either party of any
breach, default or event of default of any provision, condition or covenant of this
agreement must be in writing and shall be effective only to the extent set forth in writing.
No waiver of any breach, default or event of default shall be deemed a waiver of any later
breach, default or event of default of the same or any other provision of this License.
Any failure or delay on the part of either party in exercising any power, right or privilege
under this License shall not operate as a waiver thereof, nor shall any single or partial
exercise of any such power, right or privilege preclude any further exercise thereof.
33. Rights and Remedies. No right or remedy conferred by any of the
specific provisions of this agreement is intended to be exclusive of any other right or
remedy given hereunder or hereafter existing at law or in equity. The exercise of any one
or more rights or the election of any one or more remedies by any party shall not
constitute a waiver of the right to exercise other available rights or pursue other available
remedies. In the event suit is brought by either party to enforce the terms and provisions
of this Agreement or to secure the performance hereof, each party shall bear its own
attorney's fees.
34. Non-Recording of this License and Operating Agreement. Neither party
shall record this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
executed by and through their authorized officers the day, month and year first written
above.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: Jose Sandoval
Managing Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Gerardo Mouet, Executive Director
Parks, Recreation and
Community Services Agency
CITY OF SANTA ANA
DAVID N. REAM
City Manager
MATCH POINT:
By: ELSON T. DE CANTUARIA
Director
Tax ID #
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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
14
Authorized Representative
25R-16
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ELSON T. DE CANTUARIA
7878 E Portico Terrace
Orange, CA 92867
Phone: (714)724-9407 E-mail: DeCantu@socal.rr.com
EDUCATION
Hampton University-Hampton, VA.
Graduation date: December 1995.
Major: B.S. in Marketing (Emphasis in Professional Tennis Management)
Business School GPA: 3.85
WORK EXPERIENCE
2007-Current Match Point Tennis Academy-Santa Ana, CA
POSITION: Director of Tennis.
2003-2007 Point Tennis Academy-Anaheim, CA
POSITION: Director of Tennis.
1998-2002 Point Tennis Academy- La Habra, CA
POSITION: Director of Tennis.
1997-96 Robert Lansdorf/Ducasse Tennis Program-Torrance CA
POSITION: Tennis Professional.
1995-94 Hampton University-Hampton, VA
POSITION: Tennis Team Assistant Coach.
1995-94-93(summers) Uirapuru Yatch Club- Uberaba (Brazil).
POSITION: Assistant Manager of the Tennis Deaartment.
1992-1991(summers) Uirapuru Yatch Club-Uberaba (Brazil).
POSITION: Tennis Professional.
AWARDS
• Departmental (Marketing) Award recipient(1996).
• Presidential Award nominee (1996).
• Alpha Mu Alpha Honor Society nominee (1995).
• Three times NCAA Div.II Team Tournament Runner-up (1992-94).
• Tennis Team Most Consistent Player (1993)..
• Tennis Team Most Valuable Player (1992).
• Tennis Team Most Outstanding Freshman (1991).
SPECIAL SKILLS AND ABILITIES
• Ranked #1 Men's 40 player in Southern California in 2007.
• Ranked #1 Men's 35 player in Southern California in 2003.
• Ranked #2 Men's Open player in Southern California in 2000.
~ Multilingual (Portuguese as native language, and knowledge in Spanish).
• Played professional tennis for three years, reaching #891 in the ATP (world) ranking in 1990.
• Played college tennis for four years and was ran}:ed #1 in the Division II National doubles
ranking (spring 1993) and ranked #2 in the Division II National singles ranking (fall 1991).
REl'ERF,NCES Available upon request.
Zs~`h~~t z
12/7/2007
CITY OF SANTA ANA
PAFZKS, RECREATION AND COMMUNITY SF_,RVIC'ES AGENCY
PA:ftK/F,ACI:I:.I`:[`YJFIFI.:D MC?:I~IFICA`I`I®N PROCESS
The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by
groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform
in design with other park facilities. The intent of the proposed modification must take into consideration the
impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public
park services and facilities to the residents of Santa Ana.
The following information and/or process shall appl t~v park, facility or field modification proposed by the
Cit~ganizational group(s) and/or individual(s~:
Modifications shall apply to any proposed installation or removal of capital improvements on any City-
ownedpark, facility or field, such as:
• Sports facilities
o ball fields, soccer fields, sports courts, etc.
o sports lighting
o dugouts
o batting cages
o bleachers
o scoreboards
o concession stands
o press/score boxes
• Play areas
o playground equipment
o playground surfaces
• Passive areas
• Park furniture and signage
o park and regulation signage
o picnic tables, park benches, barbeque braziers, trash receptacles, drinking fountains
• Park landscaping and irrigation systems
2. The process shall also include any offer to provide vol~.uiteer assistance and or request for improvements
in the area of maintenance and/or landscaping to any City-owned park, facility or field, such as:
• Planting or removal of trees, shrubs, ground cover, vines, and flowers
• Maintenance of park landscaping such as:
o edging /trimming
o mowing
o sodding
o sprigging
o top dressing
o weed abatement
o trash clean-up Exhibit 3
25R-19
12/7/2007
User Group(s) Procedure
1) Complete attached Park/Facility/Field Modification Request Form.
2) Submit Request Form to Parks, Recreation and Community Services Agency, Attention:
Administrative Services Division.
3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division
staff.
4) If improvements are minor in nature and do not impact the original master plan of the park,
administrative approval maybe granted to allow the applicant to proceed with work.
5) If applicable, and improvements are extensive, applicant shall provide preliminary plans for
review by the Parks, Recreation and Community Services Agency. Make any corrections to
plans or scope of work as identified by the Parks, Recreation and Community Services Agency.
6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association(s), as
identified by the Parks, Recreation and Community Services Agency.
7) If preliminary plans are approved by the Neighborhood Association(s), an agreement maybe
required between the organization and the City of Santa Ana.
8) Upon Neighborhood Association(s) approval, the plans are taken to the Board of Recreation and
Parks for approval with neighborhood comments and/or terms of agreement.
9) If preliminary plans are denied by the Neighborhood Association(s), applicant may file a formal
appeal with the Board of Parks and Recreation's Open Space Committee.
10) If appeal of the preliminary plans is approved by the Open Space Committee, a recommendation
is taken to the Board of Parks and Recreation for approval.
11) If appeal of the preliminary plans is denied b the Open Space Committee, the applicant may
appeal the decision to the entire Board of Parks and Recreation.
12) If the Board of Parks and Recreation approves the plans, and an agreement is required, which
staff will draft and present to the City Council for approval. If no agreement is required, proceed
to Step 14.
13) If the Board of Parks and Recreation denies the preliminary plans appeal, that decision. is final
and there is no further appeal process that maybe undertaken.
14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement,
if required), applicant shall provide construction plans and specifications to the Parks, Recreation
and Community Services Agency, Administrative Services Division, and the Santa Ana Planning
and Building Agency, if applicable. Applicant shall make corrections to plans and specifications
as identified by the appropriate agency.
15) After plans and specifications have been approved by both the Parks, Recreation and Community
Services Agency and the Planning and Building Agency, apre-construction meeting will be held
with the Parks, Recreation and .Community Services Agency staff to review applicant's proposed
construction schedule to determine any impact on programs or operations at the specified
park/facility/field.
16) The Parks, Recreation and Community Services Agency will notify the organization on when
construction may proceed.
2
25R-20
iai~i2oo~
CITY OF SANTA ANA
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
ParkfF'acilittifField 1~Todification Request Form.
(Please complete one form per project)
Park/Facili /Field
Date Submitted
Group/Individual Requesting
Modification Non-Profit Tax ID No.:
Contact Person Name
Address
Phone Number: Fax Number: E-mail
Certificate of Liability Insurance attached? ^ Yes ^ No Site plan/drawing enclosed? ^ Yes ^ No
Projected Start Date: Projected Completion Date:
Brief description of proposed modification(s):
Brief description of how project will be funded and funding source: _
Impact on park/facility/field during improvement/maintenance:
Applicant Signature
Approved /Denied by ___
Date Received and Filed by Board of Parks and Recreation
Conditions (if any):
Date:
Date:
3
25R-21
DO NOT RECORD
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
Exhibit 4
14
25R-22
REQUEST FOR
COUNCIL ACTION
C{TY COUNC{L MEETING DATE:
JUNE 2, 2008
TITLE:
COOPERATIVE AGREEMENT FOR
OFFICE MODIFICATIONS AT THE
SANTA ANA REGIONAL
TRANSPORTATION CENTER
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1ST Reading
^ Ordinance on 2"~ 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 Cooperative Agreement with the Community Redevelopment Agency of
the City of Santa Ana (Agency) for an amount not to exceed $69,100 for
office modifications required at the Santa Ana Regional Transportation
Center, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
The Santa Ana Regional Transportation Center is a regional transportation
hub, combining Amtrak, MetroLink, Orange County Transit Authority and other
bus services with office space for various State, County and City
departments. Currently, the Depot Management office is 132 square feet for
City staff as well as security personnel. The Santa Ana Council of Arts
and Culture (SACAC) currently occupies suite 107, which needs to be
modified to maximize the efficiency of the limited space and allow for an
expansion of the Depot Management office.
The Depot Management and SACAC office remodel will require structural,
electrical and air conditioning modifications. The structural changes will
include demolition of the existing dividing walls, as well as construction
of two new dividing walls. The remodel will also entail modifications to
the existing air conditioning system and will require new electrical
switches, relocation of light fixtures, and new telephone boxes to
accommodate the office modifications. The modernization of both offices
will allow for increased working space for both City and security personnel
and a more conducive working environment for SACAC.
25S-1
Cooperative Agreement for Office
Modifications at the RTC
June 2, 2008
Page 2
FISCAL IMPACT
Funds are available in the Merged Capital Improvements account (account no.
570-936-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
/`
Nancy T.~dwards Francisco Gutierrez ~,~j
Assistan Director Executive Director V-b
Community Development Agency Finance & Management Services Agency
NTE/GL/mlr
25S-2
COOPERATIVE AGREEMENT
FOR OFFICE MODIFICATIONS
AT THE DEPOT
THIS AGREEMENT is entered into this 2°d day of June, 2008, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body
corporate and politic (the "Agency"), and 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
(the "City").
WITNESSETH
A. The Agency is undertaking certain activities necessary for the execution of the City
of Santa Ana redevelopment projects (the "Projects") under the provisions of the California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to
the redevelopment plans for the Projects.
B. The Agency desires to contract with the City for the City to provide for the
construction and rehabilitation of public improvements projects which, in this case, will consist of
the remodeling of two offices at The Depot. The work will include expansion of the Depot
Management Office. The office remodel will include structural, electrical and air conditioning
modifications. Such work will be referred to hereinafter as "Publicly Owned Improvements" in
connection with the Agency's redevelopment activities.
C. The Agency is willing in connection with the provision of such Publicly Owned
Improvements by the City, to pay for a portion of the total rehabilitation costs of such Publicly
Owned Improvements.
D. The City has initially paid or will initially pay for said Publicly Owned
Improvements on the condition that the Agency contribute to the costs of such rehabilitation work
on the Publicly Owned Improvements.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SCOPE OF WORK
The City will be contracting with the lowest and best bidder to perform the office
modifications to two offices pursuant to plans and specifications to be prepared by the City. The
project includes demolition of the existing dividing walls, as well as construction of two new
dividing walls. The remodel will also entail modifications to the existing air conditioning system
and will require new electrical switches, relocation of light fixtures, and new telephone boxes to
accommodate the office modifications. The Agency shall contribute to the rehabilitation of the
Publicly Owned Improvements in an amount not to exceed Sixty Nine Thousand One Hundred
1
25S-3
Dollars ($69,100.00).
2. COMPENSATION AND METHOD OF PAYMENT
The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned
Improvement rehabilitation work set forth in Section 1. The amount to be paid by the Agency
hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by the
City.
3. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will
each assume the full liability imposed upon it, or any of its officers, agents or employees by law for
injury caused by negligent or wrongful act or omission occurring in the performance of this
Agreement to the same extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the
other party for any loss, costs or expense that maybe imposed upon such other party solely by
virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made
apart hereof as if fully set forth herein.
4. EFFECTIVE DATE OF AGREEMENT
This Agreement shall take effect from and after the date of adoption and approval by the
City and the Agency pursuant to official action of the governing bodies thereof and shall be
effective for a duration not to exceed the time necessary for the City to complete the work and for
the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the
City as set forth in Section 1 hereto.
2
25S-4
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
By
David N. Ream
City Manager
ATTEST:
Patricia E. Healy
Secretary
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney/Agency General Counsel
By: Lisa E. Storck
Assistant City Attorney/Assistant Counsel
CONIMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
by
Nancy T. Edwards
Acting Executive Director
25S-5
25S-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUN$ 2, 2008
TITLE:
ACQIIISITION 3ETTL~NT AC3R$EMBNT
FOR BRISTOL 3TRS$T LIQUOR AT 323 3.
BRISTOL STRBET (PROJBCT 06-1500)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1g` 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 Parks Family Liquor Inc., dba Bristol Liquor
& Market in the amount of $565,000, 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 to Pine Street.
The 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 entire property at 323 S. Bristol
was acquired on September 19, 2006 (Exhibit 1). The City's
acquisition resulted in the displacement of Bristol Liquor & Market.
The California Relocation Assistance Law requires the City to pay
reasonable costs associated with the relocation of the displaced
business. The settlement agreement with the business owners will
authorize the purchase of the tenant's immovable fixtures and
equipment, loss of business goodwill and relocation benefits,
totaling $565,000.
25T-1
Acquisition Settlement Agreement For Bristol Street Liquor
June 2, 2008
Page 2
BNVIROND~N'PAL 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. 89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund
(account no. 59-553-6611).
ames G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
D J
F ancisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25T-2
MATCHLINE
SEE BOTTOM RIGHT
MCFADDEN AVENUE
LEGEND
WALNUT ST.
SUBJECT PROPERTIES
ACQUIRED PROPERTIES
I
MATCHLINE
SEE ABOVE LEFT
EXHIBIT 1
SANTA ANA
~ crn ~ TITLE PURCHASE AGREEMENT FOR
P~ W A ^ AOENDA DATE 323 S. BRISTOL STREET
~vE z Zoos (PROJECT 06-1500)
~~~
i
25T-3
ACQUISITION SETTLEMENT AGREEMENT
This Acquisition Settlement Agreement ("ASA") is entered into on 2008
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 Parks Family
Liquor Inc., dba Bristol Liquor & Market ("Tenant"). City and Tenant may collectively be
referred to in this ASA as the "Parties."
RECITALS
A. City is the fee owner of 323 South Bristol Street, Santa Ana, California ("Property").
B. Tenant operates a business on the Property commonly known as Bristol Liquor &
Market, and is the occupant of the real property and improvements located on the
Property, more specifically described in Exhibit "A", Legal Description, attached
hereto.
C. The Property is located within the Area of the Bristol Street Widening Project from Pine
Street to McFadden Avenue and City previously acquired the Property for a public use
("Project").
D. The Parties' rights and obligations with regard to Tenant's entitlement to relocation and
other displacement benefits are in dispute. The Parties desire to establish their
respective rights and obligations upon the terms and conditions as hereinafter set
forth, and to resolve any and all disputes with regard to any and all of the
compensation and/or other benefits to which Tenant is now, or may in the future, be
entitled as a result of the acquisition of the Property by City.
Therefore, in consideration of the promises, covenants and agreements hereinafter set forth,
and subject to the terms, conditions and provisions of this ASA, the Parties agree as
follows:
Consideration
a. City shall pay Tenant in accordance with the disbursement schedule referenced in
section 1(b)&(c), below, the total sum of FIVE HUNDRED NINETY
THOUSAND AND NO/100 DOLLARS ($590,000.00) as total compensation
for relocation assistance and any and all related expenses and claims to which
Tenant may be entitled, including all loss of business goodwill, leasehold
interests, security deposit (if any), personal property, improvements pertaining to
realty, bonus value, severance damages, inventory and any and all other damages
to which Tenant may be entitled as a result of City's acquisition of the Property
for the Project.
b. Upon execution of this ASA, City will process an initial payment to Tenant in the
amount of FOUR HUNDRED NINETY THOUSAND AND NO/100
DOLLARS ($490,000.00) and a payment to Benjamin Kim in the amount of
Acquisition Settlement Agreement
1 of 14
25T-4
TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) for
expenses incurred in closing the business as more fully described in section
2(a)&(b) of this ASA.
City will process a second payment to Tenant in the amount of SEVENTY
FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00) upon satisfactory
evidence to City that the following conditions have been satisfied: Tenant has
(1) vacated the Property, (2) executed and delivered to City a Certificate of
Abandonment of the Property, (3) turned over all sets of keys to City or to its
agents, (4) confirmed in writing to City that any and all hazardous materials
have been removed from the Property in accordance with all applicable federal
and state laws, ordinances and/or regulations and (5) the conditions identified
in Section 2 of this ASA have been met. Each payment referenced in this
paragraph shall be subject to offsets as described in section 4(a)(b)&(c),
below.
d. Tenant's receipt of full payment of the consideration referenced in section 1
(a)(b)&(c), above, shall constitute full satisfaction of any and all of City's
obligations to compensate Tenant relating to City's acquisition of the Property
for the Project.
e. As a matter of record, the compensation paid to Tenant in accordance with this
ASA shall be proportioned in the following amounts: Relocation benefits
shall equal TWENTY THOUSAND AND NO/100 ($20,000); Payment for
any loss of furniture, fixtures and equipment, bonus value, improvements to
realty, business goodwill, inventory and/or severance damages shall equal FIVE
HUNDRED SEVENTY THOUSAND AND NO/100 ($570,000.00).
2. Inventorv
a. Any and all inventory leftover after any reductions will be the responsibility of
Benjamin Kim, who will ensure that the Property is left in a clean condition and
that all remaining inventory is disposed or removed from the Property, which
shall be accomplished no later than October 31, 2008. The City and its agents
will provide full cooperation as necessary with the inventory liquidation
process. Benjamin Kim will be responsible for obtaining a release of any and
all financial interest in Tenants' settlement payment from Harbor Distributing,
LLC, Southern Wine and Spirits of Southern California, Young's Market
Company, Straub Distributing Company, Gallo Wine Company, Coca-Cola
Bottling Company, The Pepsi Bottling Group, Frito-Lay, California State
Lottery, and any other vendors, distributors or creditors with whom Tenant may
have an account ("Creditors"). Any credit due to the Creditors shall be paid by
Tenant from the initial settlement payment prior to release of the final
settlement payment.
b. Expenses incurred in connection with closing the business and inventory
Acquisition Settlement Agreement
2of14
25T-5
handling, such as packing labor and materials, professional inventory company
fees, security, storage and transportation, will be reimbursed by Tenant to
Benjamin Kim upon receipt of the initial settlement payment described in
Section l (b).
3. Liauor License
Tenant agrees to transfer or assign liquor license 21-390015 to Benjamin Kim.
4. Failure to Vacate the existing building and other improvements from the Property
a. Tenant shall vacate the Property not later than October 31, 2008 ("Vacate
Date"). Tenant shall be liable for payment to City of a rental fee of TWO
HUNDRED AND NO/100 DOLLARS ($200.00) for each and every day
Tenant remains in possession of the Property beyond the Vacate Date, unless
a written request for an extension, not to exceed sixty (60) days, has been
submitted and subsequently approved by the City prior to the Vacate Date.
Such request will not be unreasonably withheld for circumstances beyond
control of Tenant which prevent occupancy of a relocation site. Any rental
fees charged shall be proportionally deducted as an offset from the final
payment to Tenant as described in section 1(c) above. Tenant may unilaterally
choose to move prior to Vacate Date.
b. As of the Vacate Date, if Tenant has not removed all of its inventory, moveable
personal property from the existing building(s) and other improvements to the
Property, Tenant authorizes City to remove said items at Tenant's sole cost and
expense, which expense shall be deducted as an offset from the final payment as
described in section 1(c), above.
c. City owns the Property and Tenant will be obligated to pay monthly rent in the
amount of ONE THOUSAND TWO HUNDRED AND NO/100 DOLLARS
($1,200.00) beginning August 1, 2007 through May 31, 2008 (Vacate Date).
Tenant shall adhere to the terms of the Non-Exclusive License Agreement
(Attachment A). Any delinquent rent will be deducted from the final payment
described in section 1(c) above. Tenant will not be obligated to pay monthly
rent beyond May 31, 2008.
Release
a. Tenant, on behalf of itself, its agents, assigns and related entities, agrees to
indemnify, fully release, acquit and discharge City, and the officers, directors,
employees, attorneys, accountants, other professionals, insurers and agents of
City (collectively "Agents") and all entities related to City, from any and all rights,
claims, interests, demands, actions or causes of action which Tenant now has or
may in the future have against City arising from the acquisition of the Property,
including, but not limited to, trade fixtures, furniture and equipment, leasehold
Acquisition Settlement Agreement
3of14
25T-6
interests, and claims for loss of business goodwill, bonus value (if any) and/or
severance damages (if any).
b. No Party, nor any Agents, nor any related entities, to this ASA have made any
statement or representation to any other Party regarding any fact relied upon in
entering into this ASA, and each party expressly states it does not rely upon any
statement, representation or promise of any other Party or any Party's Agent or
related entities in executing this ASA, except as is expressly stated in this ASA.
Each Party to this ASA has made such investigation of the facts and law
pertaining to this ASA, and of all other matters pertaining hereto, as it deems
reasonable, necessary and/or appropriate, and has consulted with legal counsel
concerning the matters contained herein.
6. Attorney's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
7. Indemnity By Tenant
Tenant shall indemnify, defend and hold harmless City from and against any and all
claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting
from the breach by Tenant of any provision of this ASA, or the falsity of any
representation or warranty made by Tenant contained in this ASA.
Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the subject
matter discussed herein, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. This ASA may be modified only
by a writing executed by the Parties hereto.
9. PartialInvalidity
In the event that any term, covenant, condition or provision of this ASA shall be held by
a court of competent jurisdiction to be invalid or against public policy, the remaining
provisions shall continue in full force and effect.
10. Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in whole or
in part, only upon the written consent of all Parties to this ASA. The waiver by one party
of the duty of performance by the other Party of any provision in this ASA shall not
invalidate this ASA, nor shall it be considered a waiver of any rights or remedies
available to the non-breaching Party of this ASA.
Acquisition Settlement Agreement
4of14
25T-7
11. Headinss
The headings, subheadings and numbering of the different sections of this ASA are inserted
for convenience only and shall not be considered for any purpose in construing this ASA.
12. Governin Law
The rights and obligations of the parties hereto shall be construed and enforced in
accordance with, and governed by, the laws of the State of California.
13. Successors In Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non-signatories to this ASA, this
ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors-in-interest, personal representatives, executors, estate, heirs, legatees,
Agents and related entities of each of the Parties hereto.
14. Necessar~Acts
Each Party to this ASA agrees to perform any further acts and execute and deliver any
further documents that may be reasonably necessary to carry out the provisions of this
ASA.
15. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other Party that
it has reviewed each term of this ASA with its counsel and hereafter no Party shall
deny the validity of this ASA on the ground that the party did not have advice of
counsel. Each Party to this ASA has had the opportunity to receive independent
legal advice with respect to the advisability of entering into and being bound by this
ASA and with respect to the meaning of California Civil Code § 1542.
16. Parties Have Not Transferred Right Or Claims
The Parties hereto each represent and warrant to the other Party that they have not
assigned, transferred or sublet to any third party any of the rights, claims, causes of action
or items to be released or transferred which they are obligated to transfer or to release as
part of this ASA.
17. Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this ASA. Each
Party executing this ASA on behalf of an entity, other than an individual executing this
ASA on his or her own behalf, represents that he or she is authorized to execute this ASA
on behalf of said entity.
Acquisition Settlement Agreement
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25T-8
18. Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any construction
or interpretation to be made of this ASA, or of any of its terms, conditions and/or
provisions, the same shall not be construed against any party.
19. Notices
All notices, requests, demands and other communications required or permitted to be
given under this ASA shall be in writing and shall either be delivered in writing
personally or be sent by telegram or by regular or certified first class mail, postage
prepaid, deposited in the United States mail, and properly addressed to the Party at its
address as set forth below, or at any other address that such Party may designate by
written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Tenant: Jongyuk Park
Bristol Liquor & Market
To Tenant:
Post-move
323 S. Bristol St.
Santa Ana, California 92703
Acquisition Settlement Agreement
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25T-9
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the
date first written above.
TENANT:
Parks Family Liquor Inc., dba Bristol Liquor & Market
By:
Jongyuk Park
By:
Benjamin Kim
CITY OF SANTA ANA:
By:
David N. Ream
City Manager
ATTEST:
By: Date: , 2008
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
By:
Jose Sandoval
Senior Assistant City Attorney
Date 2008
Date 2008
Date: , 2008
Date , 2008
Acquisition Settlement Agreement
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25T-10
EXHIBIT A
LEGAL DESCRIPTION
Lot 16 and 17 in Block "C" of Tract No. 610 in the City of Santa Ana, County of Orange, State
of California, as per map recorded in Book l9, Page 12 of Miscellaneous Maps, in the Office of
the County Recorder of said County.
Except the West 10 feet thereof as conveyed to the City of Santa Ana, a Municipal Corporation,
by deeds recorded September 12, 1951, in Book 2228, Page 522, of Official Records; and June
13, 1951, in Book 2200, Page 341, of Official Records.
ASSESSOR'S PARCEL NUMBER: 008-231-29
Acquisition Settlement Agreement
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25T-11
ATTACHMENT A
NON-EXCLUSIVE LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into this day of
2008, by and between the City of Santa Ana, a public body, corporate and politic,
herein referred to as "Licensor", Parks Family Liquor Inc. dba/Bristol Liquor & Market
"Licensee".
1. ACKNOWLEDGEMENTS
A. Upon Licensor owning the property and existing building located at 323 S. Bristol Street,
Santa Ana, California (APN: 008-231-029) ["the License Area"]. Licensor desires to
license use of said Area to Licensee.
B. Licensee represents that it desires a License in order to use said License Area as a liquor
store.
2. GRANT OF LICENSE
a. Licensor grants to Licensee a personal, non-exclusive, revocable license
("License") to use the License Area as hereinabove described and shown in general in Exhibit
"A," attached. hereto and incorporated herein by reference, for its use as a medical clinic and
pharmacy.
b. Licensee may not use the License Area for any other purpose or business, other than
using it as Bristol Liquor & Market, without obtaining Licensor's prior written consent.
c. Licensor will not be held responsible for loss of, or damage to, any personal property left
on the License Area, or improvements made by Licensee in the License Area.
d. This License is made subject and subordinate to the prior and continuing right of
Licensor to use the property or the use of the public right-of--way.
3. DUTIES OF LICENSEE
a. In exercising these rights, Licensee must use reasonable care and may not
Un-reasonably increase the burden on the License Area. Licensee agrees that any use it makes
of the License Area as specified herein shall be affected with all reasonable diligence and
precaution to avoid damage to the land, property or personnel.
b. Licensee agrees to conform to any reasonable requirements set forth by
the Licensor related to the use of the License Area as Bristol Market and Liquor, as set forth by
the Licensor during the course of this License.
Acquisition Settlement Agreement
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25T-12
c. Licensee will maintain the License Area in a neat, clean, sanitary and safe
condition, to the satisfaction of Licensor, at the sole cost and expense of the Licensee. It should
be maintained in a manner consistent with community standards which will uphold the value of
the Property, in accordance with this Agreement, the Santa Ana Municipal Code and all other
applicable local, state and federal rules, regulations and standards.
d. Licensee shall be responsible for the payment of all charges in connection
with utility services provided to the License Area, "utility services" shall include natural gas,
electricity and sewer.
e. Licensee shall not record, hypothecate, assign or attempt to record,
hypothecate or assign this personal License. Any attempt by Licensee to record, hypothecate or
assign this License shall automatically terminate this License Agreement and render this License
void and invalid for all purposes.
4. REVOCATION
Licensor may revoke this License, at will, upon thirty (30) days notice in writing
to the Licensee.
5. NOTICES
Any notice to be given by either party shall be deemed to be properly served if
deposited with the United States Postal Service, or other acceptable mailing service, postage
prepaid, to the addresses below:
TO LICENSOR:
City of Santa Ana Public Works Agency
20 Civic Center Plaza
P.O. Box 1988 (M-36)
Santa Ana, CA 92702
Attn: Souri Amirani
TO LICENSEE:
Jongyuk Park
Bristol Liquor & Market
323 S. Bristol
Santa Ana, California 92703
Acquisition Settlement Agreement
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25T-13
6. TERMINATION OF OCCUPANCY
a. Notwithstanding paragraph 5, this agreement will automatically terminate on
April 30, 2008.
b. Licensee accepts the License Area, in an "as is" condition.
c. In the event Licensee fails, neglects or refuses to remove said personal property
and their improvements and restore the License Area, such removal and
restorations may be performed by Licensor, at the expense of Licensee, which
expense Licensee agrees to pay to Licensor upon demand.
d. Occupancy may be terminated by either party with 30 days written notice to the
other party.
7. INSURANCE
a. Licensee shall maintain commercial general liability insurance, or
equivalent form, with a combined single limit of not less than $1,000,000 per occurrence
covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers,
agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance
or self-insurance programs maintained by the Licensor, and (3) contain standard separation of
insureds provisions.
b. Licensee shall, prior to and as a condition of exercising any rights under
this License Agreement, (i) furnish properly executed certificates of insurance to the Licensor
prior to exercising its rights under this License, which certificates shall clearly evidence all
coverages required above and provide that such insurance shall not be materially changed or
terminated except with 30 days prior written notice to the Licensor (ii) attach a completed and
signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is
attached hereto as Exhibit "A," to the certificates of insurance noted above; (iii) maintain such
insurance from the time the project first commences until completion of the project under this
License; and (iv) replace such certificates for policies expiring prior to the termination of this
License.
8. INDEMNITY
Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents,
employees and volunteers from and against any and all loss or damage, expenses, injuries, death
to any person or damage to property, including property and employees, volunteers, officers or
agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its
officers, agents, employees and volunteers from all claims, demands, suits, actions or
proceedings of any kind, and all costs and expenses, including but not limited to reasonable
attorneys' fees, settlements or judgment, arising out of the construction, reconstruction,
maintenance, presence, operation, use, removal or state of repair, of the License Area.
Acquisition Settlement Agreement
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25T-14
9. GOVERNING LAW
This License shall be governed by and construed in accordance with the laws of
the State of California.
10. ENTIRE AGREEMENT
This License, together with all attachments hereto, constitutes the entire
understanding and agreement of the parties. It supersedes any and all other agreements either
oral or in writing between the parties hereto with respect to the terms set forth in this License and
contains all the covenants and agreements between the parties with respect thereto. Each party to
this License acknowledges that no representation, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect
to such services, which are not embodied herein, and that no amendment hereto shall be effective
unless set forth in writing, approved by the Licensor and Licensee.
11. INDEPENDENT CONTRACTOR
It is understood and agreed that Licensee, in the performance of this License, will
be acting in a wholly independent capacity and not as agents, employees, partners, or joint
venturers of the Licensor. This License does not create a tenancy of any nature whatsoever
between the Licensor and Licensee.
12. ASSIGNMENT BY LICENSEE PROHIBITED
In no event shall Licensee assign or transfer any of the rights conferred herein without the prior
express written consent of the Licensor.
13. ATTORNEY FEES AND COSTS
In the event that any action is instituted to enforce payment or performance under this
Agreement, or otherwise in connection with this Agreement, the parties agree that the prevailing
party shall be reimbursed by the other party for all costs and attorneys' fees incurred by the
prevailing party in such action.
14. CONFLICT OF INTEREST
No member, official or employee of the City shall have any personal interest, direct or indirect,
in this Agreement, nor shall any member, official or employee participate in any decision
relating to this Agreement which affects his/her personal interests or the interests of any
corporation, partnership or association in which he/she is directly or indirectly interested.
Acquisition Settlement Agreement
12 of 14
25T-15
The parties have executed this personal, non-exclusive, revocable License Agreement as of the
date and year first written above.
TENANT: Parks Family Liquor Inc. dba/Bristol Liquor & Market
Jongyuk Park Title Tax Identification No. Date
CITY OF SANTA ANA
BY:
David N. Ream
City Manager
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Jose Sandoval
Senior Assistant City Attorney
LICENSOR:
PUBLIC WORKS AGENCY
OF THE CITY OF SANTA ANA
By:
James Ross
Executive Director
APPROVED AS TO FORM:
Joseph W. Fletcher
City Counsel
Jose Sandoval,
Assistant City Attorney
Dated
LICENSEE:
PARKS FAMILY LIQUOR INC.
DBA: BRISTOL LIQUOR & MARKET
By:
Title:
Acquisition Settlement Agreement
13 of 14
25T-16
EXHIBIT A
ADDITIONAL INSURED ENDORSEMENT
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 92702;, their officers,
employees, agents and volunteers 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 canceled, 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-36), Santa Ana, California 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
Countersigned by
this endorsement form as a part of
Named Insured
Authorized Representative
Acquisition Settlement Agreement
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25T-17
25T-18
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
INSURANCE RENEWALS
^Q~
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
1. Approve the City's continued membership in the Big Independent Cities
Excess Pool from July 1, 2008 to July 1, 2009 at an estimated premium
cost not to exceed $1,750,000.
2. Approve the City's continued participation in the Public Entity
Property Insurance Program from July 1, 2008 to July 1, 2009 at an
estimated premium cost not to exceed $400,000.
3. Approve the City's continued participation in the California State
Association of Counties - Excess Insurance Authority's Crime Bond
Program from July 1, 2008 to July 1, 2011 for three years at an
estimated premium not to exceed $40,000.
DISCUSSION
On September 23, 1988, five cities formed the Big Independent Cities
Excess Pool Joint Powers Authority (BICEP). The current BICEP cities are
as follows: Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West
Covina. The purpose of BICEP is to provide insurance coverage for its
members, shielding them from financial debt due to large liability
claims, judgments, and settlements.
The current excess Liability and Workers' Compensation insurance policies
will expire on July 1, 2008. The total BICEP insurance premiums for July
1, 2008 to July 1, 2009, will not exceed $1,750,000. Under BICEP's
liability insurance program, each member city is responsible for a self-
insured retention of $1,000,000. The excess liability insurance coverage
will cost an estimated $1,100,000 for all claims greater than our self-
insured retention that range from $1,000,000 to $101,000,000. Because of
reasonable market pricing, we are purchasing more excess insurance to
protect the City from large settlements and verdicts currently being
experienced by other public entities. The remaining $650,000 will
29A-1
Insurance Renewals
June 2, 2008
Page 2 of 3
purchase statutory excess Workers' Compensation insurance for claims that
exceed our self-insured retention of $500,000. The City Manager will
review the quotations and make the final decision to secure the coverage.
The Public Entity Property Insurance Program (PEPIP) was established on
May 15, 1993 with seventeen public agencies that included the City of
Santa Ana. Since 1993, PEPIP has grown to include more than 6,400
members in thirty-two states. The goal of PEPIP is to give public
agencies group purchasing power. Our continued participation in PEPIP
will ensure the City's ability to purchase property insurance at
competitive rates. We estimate that our property insurance premium will
be $400,000. This will provide $1,000,000,000 of coverage for insured
City properties. It will also provide the City with $100,000,000 for
boiler and machinery damage and $82,500,000 for flood damage. Properties
in Flood Zone A will have $50,000,000 of insurance coverage. All PEPIP
members share $600,000,000 of terrorism coverage on an annual aggregate
basis with a maximum of $200,000,000 for any one member. The City will
not seek earthquake coverage due to excessive premium cost.
Insurance deductibles will be as follows:
Coverage Deductible
Flood $100,000 except $250,000 for Flood
Zone A locations
Vehicles
Fire Fighting $50,000
Vehicles
All other $25,000
All other occurrences $10,000 except $5,000 for
Redevelopment Properties
Boiler & Machinery $2,500 to $350,000, depending on
the pieces of equipment involved
The City joined the California State Association of Counties - Excess
Insurance Authority (CSAC-EIA) Crime Bond Program on April 1, 2004. Our
current policy will end on July 1, 2008. The estimated premium to renew
the policy for the next three years is $40,000. The Crime Bond Program
provides $10,000,000 of coverage with a $25,000 deductible per
occurrence. This program provides coverage for the following situations:
1. Employee dishonesty
2. Faithful performance issues
3. Forgery and alteration
4. Theft, disappearance and destruction
5. Robbery and safe burglary
6. Computer fraud including funds transfer coverage
7. Money orders and counterfeit paper currency
29A-2
Insurance Renewals
June 2, 2008
Page 3 of 3
FISCAL IMPACT
Funds are budgeted in the proposed
account (account no. 80-180-6521)
(account no. 82-178-6521).
2008-09 Liability & Property Insurance
and Workers' Compensation account
APPROVED AS TO FUNDS AND ACCOUNTS:
ique Al
Executi Di ect r
Personnel Services
. ~
~~. ~ ~ i ~
Francisco Gutierrez n.~,
Executive Director ~i~'
Finance & Management Services Agency
29A-3
29A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONDITIONAL USE PERMIT NO. 2008-04
TO ALLOW SERVIMAX FINANCIAL CHECIt
CASHING AT 3316 SOUTH BRISTOL
STREET - OCTAVIANO FELIX,
APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2008-04 as conditioned.
PLANNING COMMISSION ACTION
On May 12, 2008, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2008-04 as conditioned by a vote of 4:0
(Betancourt, De La Torre, Munoz absent) to allow a check cashing business
in the Planned Shopping Center (C4) zoning district at 3316 South Bristol
Street. The Planning Commission added a condition to limit the hours of
operation on Sundays from 10:00 a.m. to 5:00 p.m. (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
J M. Trevino
Executive Director
Planning & Building Agency
MF:rb
mf/reports/cup08-04 Servimax Financial.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MAY 12, 2008
TITLE:
PUBLIC HEARING - FILED BY OCTAVIANO FELIX
FOR CONDITIONAL USE PERMIT NO. 2008-04
TO ALLOW SERVIMAX FINANCIAL CHECK CASHING
AT 3316 SOUTH BRISTOL STREET
Prepared by Matt Foulkes
Executive Director
RECOMMENDED ACTION
Adopt a resolution
conditioned.
DISCUSSION
Request of Applicant
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Planning Man er
approving Conditional Use Permit No. 2008-04 as
Octaviano Felix, on behalf of Servimax Financial, is requesting approval
of Conditional Use Permit No. 2008-04 to allow a check cashing business
at 3316 South Bristol Street.
Property Description
The proposed check cashing business will be located within an existing
commercial center on the southwest corner of Bristol Street and Alton
Avenue. The existing center is divided into four separate buildings
totaling approximately 175,000 square feet in size and is located on a
12.5 acre lot. The proposed check cashing business will occupy a 2,220
square foot suite within the existing 12,500 square foot building
nearest the corner of Bristol Street and Alton Avenue. The other
businesses within the center include retail, service and restaurant
uses. A total of 119 parking stalls are provided for this portion of
the commercial center.
The parcel is located within the Planned Shopping Center (C4) zoning
district and has a General Plan land use designation of District Center
(DC) Surrounding land uses include commercial uses to the east, west
and south and light industrial uses to the north (Exhibits 1 and 2).
EXHBIIT A
31 A-2
Conditional Use Permit No. 2008-04
May 12, 2008
Page 2
Project Description
The applicant is requesting a conditional use permit to allow a check
cashing facility in conjunction with a Metro PCS Wireless store. The
proposed business will offer a variety of both financial and wireless
services. The business will occupy 2,220 square feet within an existing
commercial center. The project will require minor interior modifications
to the unit and no exterior improvements are proposed (Exhibit 3). All
permanent wall signage for the facility will identify the business as
Metro PCS, with Servimax Financial limited to window signage as permitted
by the Santa Ana Municipal Code. The hours of operation for the check
cashing business are proposed to be from 8:00 a.m. to 5:00 p.m., seven
days a week.
Analysis of the Issues
The property's zoning designation allows check cashing facilities
subject to a conditional use permit per section 41-412.5 (g) of the Santa
Ana Municipal Code (SANG). Additionally, section 41-374.5(1)(a)
requires that a check cashing facility be located a minimum of 1,000
feet from another check cashing establishment, as measured from property
line to property line.
The requirement for both the conditional use permit and separation
between check cashing facilities was added to the Municipal Code in
1999. Prior to this zoning ordinance amendment check cashing facilities
were permitted by right in all commercial zones subject to approval by
the Police Department. As a result of concerns from the Planning
Commission that check cashing facilities were proliferating within the
City's commercial zones and were often associated with illegal
activities, standards were recommended to regulate the quality and
location of these uses. Following a study of surrounding jurisdictions,
staff concluded that a 1,000 foot separation requirement would
sufficiently space check cashing facilities while still offering a
reasonable walking distance for pedestrian clients. The conditional use
permit would allow Commissioners and staff to place conditions necessary
to mitigate any potentially negative impacts associated with its use.
As a result of recent applications for check cashing businesses, the
Planning Commission and City Council have expressed new concerns regarding
the perceived predatory nature of check cashing facilities on its
customers. Specifically, concerns about high service fees charged to
patrons who are not able to utilize commercial banks, and the lack of
identification required in order to cash checks. The Planning Commission
and City Council have also expressed concern regarding the quality of the
31 A-3
Conditional Use Permit No. 2008-04
May 12, 2008
Page 3
locations where these facilities are proposing to operate. Authority is
given to the Planning Commission by Section 41-638 of the Santa Ana
Municipal Code to recommend approval or denial of a conditional use permit
as well as impose any conditions that they deem necessary and desirable
based on the information provided. The following information regarding
state and federal regulations on check cashing facilities is provided as
additional background although it is currently not part of the review
criteria for check cashing businesses.
The check cashing industry is regulated by the State of California and
permits are issued from the Check Casher Permit Program through the
Attorney General's Department of Justice. A permit is required for each
check cashing establishment and is valid for one year. A permit can be
renewed; however, the permit can be revoked if the applicant violates the
provisions or regulations of the check Casher permit. Additionally,
Section 1789.35 of the California Civic Code regulates the fee amounts
that can be charged for the cashing of a check. Up to a three percent fee
can be charged to cash a payroll or government check if identification is
provided by the customer, or three and a half percent without
identification. For personal checks, the check cashing business may
charge up to 12 percent. If a customer feels that they have been charged
fees in excess of those allowed by law, they may contact the California
Department of Justice. In order to ensure that the proposed check cashing
facility remains in compliance with State regulations, a condition of
approval has been included to require that the business obtains a Check
Casher Permit prior to the issuance of a Certificate of Occupancy.
Check cashing facilities provide a variety of financial services similar
to commercial banking institutions with one important difference being a
requirement for identification. Commercial banking establishments such as
Bank of America or Wells Fargo typically require two forms of
identification to open new accounts. Until recently, this identification
requirement meant that foreign nationals who hold valid identification
other than a California Driver's License, Social Security Number or a
United States Visa or Passport had to seek out alternative banking
options. These banks now accept Consular Identification cards issued by
foreign governments, such as the Matricula Consular issued by the
Government of Mexico, as one form of valid identification. This practice
was authorized by the United States Treasury Department as part of the
requirement that banking establishments must require valid identification
from those wishing to open new accounts pursuant to the provisions of the
U.S. Patriot Act. Once an account is established, the bank customer is
eligible for all check cashing services provided by the bank. However,
check cashing facilities can process a check with only one form of
identification required.
31 A-4
Conditional Use Permit No. 2008-04
May 12, 2008
Page 4
Since the adoption of Zoning Ordinance Amendment 99-01 staff has
reviewed all proposed check cashing facilities based on three main
criteria. These criteria include its compatibility with surrounding
development, its conformance with the development standards set forth in
its zoning district and verification that it meets the minimum 1,000
foot separation requirement. The proposed check cashing business at
3316 South Bristol Street is located in an existing multi-tenant
commercial center in a commercial district. The subject property
conforms to the requirements of the Planned Shopping Center (C-4) Zoning
district and the Planning Division and Police Department have verified
that no other check cashing businesses are located within 1,000 feet.
The nearest facility is located at 1200 West Warner Avenue, which is
approximately 4,750 feet from the proposed location. There are,
however, three other check cashing facilities and several commercial
banks located within a one-mile radius of the proposed facility. The
closest of these facilities is a Washington Mutual bank located on the
southwest corner of Bristol Street and MacArthur Boulevard (Exhibit 4).
In accordance with the analysis required by the Municipal Code, that then
forms the basis for the findings of fact contained in the Resolution of
Approval, the following findings are provided. The proposed check cashing
business will provide a service to the residents of the City that require
additional financial services other than those offered by a typical
banking institution. The addition of this check cashing business will
also give patrons the opportunity to obtain financial services when
traditional banking services are unavailable. Policy 2.2 of the Land Use
Element encourages commercial land uses in adequate amounts to accommodate
the City's needs for goods and services. The proposed site is located in
the C4 zoning district that allows the check cashing business and is
located within a commercial area of the City. Policy 5.5 of the Land Use
Element encourages projects that are compatible with and supportive of
surrounding land uses. Based upon the analysis of the project subject to
the specified criteria and findings, staff recommends that the Planning
Commission approve Conditional Use Permit No. 2008-04 as conditioned.
31 A-5
Conditional Use Permit No. 2008-04
May 12, 2008
Page 5
CEQA Compliance
In accordance with the
recommended action is
Class 1 exemption all
expansion of the exist
No. 2007-195 will be f
Matt Foulkes
Assistant Planner I
MF:jm
mf/reports/cup08-04 Servimax Financial.pc
exempt
ows the
ing use.
fled for
California Environmental
from further review per
licensing of existing
Categorical Exemption
this project.
Quality Act, the
Section 15301. This
facilities with no
Environmental Review
Vince Fregos AICP
Principal P anner
31 A-6
J
~~
~_~
A7 GENERAL AGRICULTURAL
-B PARKING MODIFICATION
C1 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
C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT
-F FLOOR AREA RATIO
GC GOVERNMENT CENTER
Mt LIGHT INDUSTRIAL
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RE RESIDENTIAL ESTATE
SD SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
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RESOLUTION NO. 2008-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2008-04 TO ALLOW A CHECK
CASHING FACILITY FOR THE PROPERTY LOCATED AT
3316 SOUTH BRISTOL 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. Conditional Use Permit No. 2008-04 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
May 12, 2008.
B. Conditional Use Permit No. 2008-04 has been filed with the City of Santa
Ana seeking to allow a check cashing facility at 3316 South Bristol Street.
C. Pursuant to Santa Ana Municipal Code Section 41-412.5, a Conditional
Use Permit is required for check cashing facilities.
D. The applicant's representative explicitly agreed during the duly noticed
public hearing on May 12, 2008 to the Commission's addition of condition
No. 13 set forth in Exhibit A below.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The addition of the check cashing business will add an
additional service to the existing community. This will
provide patrons with a financial service when other
traditional banking methods are unavailable to them. Policy
2.2 of the Land Use Element encourages commercial land
uses in adequate amounts to accommodate the City's needs
for goods and services.
Resolution No. 2008-14-
31 A-11 Page 1 of 7
2. 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 conditional use permit for the check cashing
business will not be detrimental to persons residing or
working in the area. Policy 5.5 of the Land Use Element
encourages projects that are compatible with and supportive
of surrounding land uses. The business will be located
within an existing commercial center and is consistent with
the requirements of the Santa Ana Municipal Code.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The check cashing business will not negatively affect the
economic stability of the surrounding area. The proposed
use is consistent with the zoning district of the property and
operates like a retail business with normal business hours.
Lastly, the conditions of approval will help to mitigate any
potential problems and will minimize the possibility of the
check cashing business affecting the economic stability for
the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed check cashing business meets the requirement
of the Santa Ana Municipal Code Section 41-374.5(1)(a),
which requires that check cashing businesses maintain a
minimum 1,000 foot separation between similar businesses.
The proposed check cashing business complies with City's
separation and the project has been reviewed by City staff to
ensure the business complies with the City's standards.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
The subject site is located within an area designated with the
General Plan land use designation as District Center and is
located within an established commercial area of the City.
F. 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 licensing of existing facilities with no
Resolution No. 2008-14-
31 A-12 Page 2 of 7
expansion of the existing use. Categorical Exemption Environmental
Review No. 2007-195 will be filed for this project.
Section 2. The Planning Commission, after conducting the duly noticed public
hearing and being fully advised, hereby approves Conditional Use Permit No. 2008-04
as conditioned in Exhibit "A" attached hereto and incorporated herein. 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 May 12, 2008 and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
ADOPTED this 12th day of May, 2008 by the following vote:
AYES: Commissioners: Alderete, Gartner, Leo, Mill (4)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
None (0)
Betancourt, De La Torre, Munoz (3)
None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
31 A-13
Resolution No. 2008-14-
Page 3 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2008-14 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 12, 2008.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2008-14-
31 A-14 Page 4 of 7
Conditions for Aaaroval for Conditional Use Permit No. 2008-04
Conditional Use Permit No. 2008-04 is approved, subject to the condition that the project
shall comply with all applicable sections of the Santa Ana Municipal Code, the California
Administrative Code, the Califomia Building Standards 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. Plannin4 Division
The project shall remain in compliance with Site Plan Review (DP
No. 2007-71 ).
2. 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.
3. An approved Check Casher Permit issued by the California Department of
Justice, must be provided to the Planning Division prior to the issuance of
the Certificate of Occupancy. This Permit shall be maintained in full force
and effect during the life of the use.
B. Police Department
1. Existing suite and parking lot within 60 feet of the use must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal
Code (Building Security Ordinance). These code conditions will require
that the existing project's lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters.
2. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
Resolution No. 2008-14
Page 5 of 7
31 A-15
3. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
4. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
5. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
6. Atimed-access cash controller must be installed.
7. Interior displays and racks must be kept to a maximum of five feet
including merchandise.
8. Install a silent armed robbery alarm.
9. There shall be no coin-operated games or pool tables maintained on the
premises at any time.
10. All pay telephones shall be located inside the licensed premises.
11. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
12. The conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
13. Hours of operation for the business (i.e., hours during which the doors are
open to the public) shall not extend before or after the following permitted
hours: Monday through Saturday - 8:00 a.m. to 5:00 p.m. Sunday -
10:00 a.m. to 5:00 p.m.
Resolution No. 2008-14
Page 6 of 7
31 A-16
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. 2008-14
Conditional Use Penmit No. 2008-04) in this action by p acing a rue copy ereof
enc ose in sea a enve opes a rid as follows:
Jose Arana
Trussnet USA
105 Irvine Center Drive,
Suite 800
Irvine, CA 92618
Diane Brocklebank
Cadence Capital Investments
2009 Porterfield Way, Suite P
Upland, CA 91786
Octaviano .Felix
Servimax Financial
3316 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 RAM I REZ
Resolution No. 2008-14
Page 7 of 7
31 A-17
Apri128, 2008
VIA FAX TO (714) 973-1461 AND MAIL
Santa Ana City Council
22 Civic Center Plaza
Santa Ana, CA 92701
Re: Conditional Use Permit #2008-04
3316 South Bristol Street, Santa Ana, CA
Dear Council Members:
I am writing on behalf of the owners of The Aspens Apartments located on the corner of MacArthur and
Bear Street in the City of Santa Ana.
We have been made aware that the Conditional Use Permit hearing that was to take place on April 28,
2008 has. been moved to May 15~', 2008. The hearing is to consider issuing a Conditional Use Permit for
a check; cashing facility at the existing .retail shopping center on Bristol Street. We have shared this
information with the owners of The Aspens.
They do have a concern regarding the issuance of this permit, since check cashing facilities do not add to
the prestige nor quality of services in, an area. We know that the City Council has been focusing on
bringing the businesses in the area to a higher level, as evidenced in a recent hearing regarding a
development at the corner of Plaza and MacArthur. The development at Plaza and MacArthur will
significantly improve the area and make this a more desirable area in which to live and work.
However, the owners feel that the addition of a check cashing facility in the area will do exactly the
opposite. For that reason, they have asked us to convey their opposition to issuing such a permit.
We thank you for your time ancLconsideration .
Sincerely,
~ ~-
David A. Canzoneri
Far West Management Corporation
DAC ac
cc: Matt Foulkes, Assistant Planner I
Santa Ana Planning Commission
20 Civic Center Plaza
P. O. Box 1988 (M-20)
Santa Ana, CA 92702
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11941 Mitchell St., Irvine, CA 92614-6015 P.O. Box 11976 Santa Ana,~L 112~i0~ ~l 949.863.1751 Fax 949.863.9293 www.farwestapartments.eom
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
PUBLIC FACILITIES NAMING NO. 2008-
05 TO RENAME WINDSOR PARK
PLAYGROUND TO TOM LAMERE
PLAYGROUND - CITY OF SANTA ANA,
APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report and affirm the renaming of Windsor Park
Playground to Tom Lamere Playground (Public Facilities Naming No. 2008-
05) .
BOARD OF RECREATION AND PARKS ACTION
Recommended that the Planning Commission
renaming of Windsor Park Playground to Tom
6:0 at their February 20, 2008 meeting.
PLANNING COMMISSION ACTION
and City Council approve the
Lamere Playground by a vote of
On April 28, 2008, the Planning Commission approved Public Facilities
Naming No. 2008-05 renaming Windsor Park Playground to Tom Lamere
Playground at 1915 West La Verne Avenue by a vote of 6:0 (Alderete
absent). The Planning Commission made no changes to the name change
identified in the attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
J M. Trevino
Executive Director
Planning & Building Agency
ME:rb
me/report/pfn08-OS Lamere Playground.cc
u~
Gerardo Mouet
Executive Director
Parks, Rec. & Comm. Svcs.~Ayg~ency
` ~
39A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
APRIL 28, 2008
TITLE:
PUBLIC HEARING - PUBLIC FACILITIES
NO. 2008-05 TO RENAME WINDSOR PARK
PLAYGROUND TO TOM LAMERE PLAYGROUND
Prepared by Marvin Ellenbecker
Executive Director
RECOMMENDED ACTION
Planning Manager
Approve Public Facilities Naming No
Playground to Tom Lamere Playground.
Board of Recreation and Parks Action
2008-05 renaming Windsor Park
Recommended that the Planning Commission and City Council approve the
renaming of Windsor Park Playground to Tom Lamere Playground by a vote
of 6:0 at their February 20, 2008 meeting.
DISCUSSION
Windsor Park is a neighborhood serving park that is adjacent to Jackson
School and is located within the Windsor Village Neighborhood
(Exhibit 1). In 2007, a new children's playground was installed to
enhance the park. The playground is located north of the La Verne
Avenue parking lot between the ball field and tennis courts (Exhibit 2).
On January 12, 2008, the Windsor Village Neighborhood Association
submitted a letter to the Parks, Recreation and Community Services
Agency requesting the playground at Windsor Park be named after Tom
Lamere, a Windsor Village Neighborhood resident who passed away in
November 2007 (Exhibit 3) . Tom Lamere had been an active member of the
Windsor Village Neighborhood Association and communicated regularly to
the agency on issues and problems at Windsor Park. He walked the park
frequently and was instrumental in supporting the need for improvements
to the park. He was successful in obtaining a new park sign and
security/parking lot lighting and assisted staff in processing the
EXHIBIT A
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
NAMING ^ As Amended
^ Set Public Hearing For
DENIED
D Applicant's Request
^ Staff Recommendation
CONTINUED TO
39A-2
Public Facilities Naming No. 2008-05
April 28, 2008
Page 2
approval of the cell tower improvements in the park and renovation of
the parking lot. He also was active on committees to obtain funding,
donations and volunteer recruitment to build the new playground in
Windsor Park.
Analysis of the Issues
Sections 33-5 and 33-6 of the Municipal Code govern the naming of
streets and public facilities, including parks and park playgrounds.
The code includes guidelines for the naming of these facilities and
identifies policy guidelines (Exhibit 4). In general, the naming of
parks and facilities should consider:
1. A name which serves to identify the location of the subject area.
2. A name which references the history of the site or area.
3. A name which identifies a person or family which made extraordinary
donation of land or funds to promote the improvement of the public
facility.
4. A name which recognizes a person or family who made a significant
contribution to the well being of the city, including city council,
commissioners, officers and employees of the city, but not anyone
who currently holds such position.
Based on the guidelines established in the Municipal Code and in
consideration of what would best identify the naming of facilities, the
following analysis was determined on the suggested name.
1. Existing Name:
• Currently no name has been approved for the new playground at
Windsor Park.
2. Proposed Name:
• "Tom Lamere Playground" recognizes a community resident that has
made a significant contribution through his volunteer efforts
toward the improvement of Windsor Park.
• Tom Lamere provided numerous volunteer hours, enjoyed walking
through the park and seeing the park used by special
organizations and children, communicated regularly with staff to
provide information on vandalism in the park and suggested park
improvements.
39A-3
Public Facilities Naming No. 2008-05
April 28, 2008
Page 3
• Regularly attended neighborhood meetings and was one of the key
individuals who was instrumental in making the Windsor Park
Volunteer Playground Build Day successful, along with other
improvements in the park.
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 15061(3) under the General Rule
Exemption. Environmental Review No. 2008-89 will be filed for this
project.
:-
O.rw-~--• ~ ~~
Marvin Ellenbecker Vince Fregos AI
Landscape Development Associate Principal P1 r
ME:jm
me/report/pfn08-OS Lamere Playground.pc
39A-4
Ciry /
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Fountain /
Valley
Al GENERAL AGRICULTURAL
-B PARKING MODIFICATION
Ct 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
C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT
-F FLOOR AREA RATIO
GC GOVERNMENT CENTER
M1 LIGHT INDUSTRIAL
M2 HEAVY INDUSTRIAL
MO MILITARY OPERATIONS
O OPEN SPACE
-OZ OVERLAY ZONE
P PROFESSIONAL
PCD PLANNED COMMUNITY DEVELOPMENT
R1
C5
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
PARK FACILITY NAMING 08-5 ~
g'' WINDSOR PARK
` LAMERE PLAYGROUND ~
2915 WEST LA VERNE AVENUE - - =sooFEEr
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 €X,~-II~J,T 1
N/hfN M
OM~~ ~'O~~J''I~
WINDSOR PARK
2916 W, l.aVerne
EXHIBI'T' 2
39A-6
Nfinis~r Y Neigl~w~ Ils~iaU~
President Pat Michel
Vice-president Hank Burton
January 12, 2008
Parks and Recreation City of Santa Ana
Mr. Ron Ono and Members
You have probably already been informed of Tom Lamere's passing in November 2007.
Tom was a respected and much loved founding member of the Windsor Village Neighborhood
Association, and his gentle presence is sorely missed.
Besides Windsor Village, Tom was a member and contributor of numerous other Santa Ana
organizations, but as a member of Windsor Village, Windsor Park held a special place in his heart.
He used to say that from his front door he could look straight across with a perfect view of the
entire park. Just about daily, he would walk over and assess what needed to be taken care of.
He would then contact the necessary agencies and get the jobs done. From me, he received the
title, "Keeper of the Park."
In 2007, Tom was also part of the team that helped install the children's playground.
'Because of this, because of all he accomplished, and especially because of his fondness for
Windsor Park, the members of the Windsor Village Neighborhood Association can think of no
better way to honor Tom's memory than by dedicating the children's playground to him, by the
installation of a plaque signifying such.
We appreciate your consideration of this matter and we look forward to hearing from you.
Sincerely,
;~', .
PARK FACILITY
NAMING 08-5
E~F~j~T
Sec. 33-5. Names of streets aad other public facilities-Submittal of requests.
Requests for the naming or renaming of streets, public buildings, parks or recreational facilities owned
or controlled by the city, except proposals initiated by the city council or the plarming commission, shall be
submitted in writing to the dirator of planning and development services.
(Ord. No. NS-1683, § 1, 6-20-83)
Sec. 33-6. Same-Decision by plaaeing commission.
lie building, park or recreational facility
All ~ for the naming a renaming of any public street, pub
shall be referred to the planning commission for determination. The planning comrnissioa may approve the
name proposed, approve it with modifications or approve a different name. In ruching its decision the planning
commission shall give consideration to the following policy guidelines:
(a) Any street which is a continuation of, or approximately the continuation of, any existing street
should be given the same name as the already existing street, in the absence of other overriding
considerations.
(b) Streets and other public facilities should not be given names which would cause confusion with
other streets or public facilities.
{c) Names which achieve any of the following purposes should be Promoted
(1) A name which serves to identify the location of the subject by refernoe to distinct
geographic, environmental or development features in the immediate as+ea..
(2) A name which references the history of the subject site or its immediate area.
(3) A name which identifies a person or family which made an extraordinary donation of
land or funds to promote the construction or improvement of the subject public facility.
(4) A name which recognizes a person or family who made a distinct, ~gntficant
contribution to the well-being of the city, including past mayors, council members, board
or commission members, officers or employees of the city, but not anyone who currently
holds any such position.
(Ord. No. NS-1683, § 2, 6-20-83)
PARK FACILITY
NAMING 08-5
EXHIBIT 4
39A-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL AAEETING DATE:
JUNE 2, 2008
TITLE:
CALHOME PROGRAM APPLICATION
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 u Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution approving submission of an application to the
California Department of Housing and Community Development for
$900,000 under the CalHome Program.
2. Authorize the City Manager to execute the application and all
documents relating thereto.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its Regular Meeting of May 20, 2008, by a vote of 6:0, the Community
Redevelopment and Housing Commission recommended that the City Council:
1. Adopt a resolution approving submission of an application to the
California Department of Housing and Community Development for
$900,000 under the CalHome Program.
2. Authorize the City Manager to execute the .application and all
documents relating thereto.
DISCUSSION
The California Department of Housing and Community Development recently
announced the availability of $60 million through the CalHome Program.
The CalHome Program is a multi-faceted homeownership and rehabilitation
program created by the State of California that utilizes monies made
available by the passage of Proposition 1C, the Housing and Emergency
Shelter Trust Fund Act of 2006. These funds are available to local
public agencies or nonprofit corporations for a variety of programs that
benefit low- and very low-income households.
55A-1
CalHome Program Application
June 2, 2008
Page 2
Under the proposed application, the City of Santa Ana is requesting the
maximum amount of $900,000 to provide additional funds for the City's
existing CalHome Rehabilitation and Mobile Home Replacement Housing
Program. If awarded, the grant will be used to fund rehabilitation loans
to income qualified owners of single-family homes and mobile homes
located in the City of Santa Ana. Loan funds will be used to correct
unsafe, unhealthy or unsanitary conditions in both single-family homes
and mobile homes. The grant would also be used to fund the Replacement
Manufactured Housing component of the City's existing program. The City
has been awarded four CalHome grants for a total of $1.95 million. With
these funds, five single-family homes and fifty-two mobile homes have
been rehabilitated and ten mobile homes have been replaced.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~Yl C.Fwv ~/
Nancy T Edwards
Assistan Director
Community Development Agency
NTE/SLB/JP-H/mlr
060208 CalHOmeApp
55A-2
5/12/08 les
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM;
THE EXECUTION OF A STANDARD AGREEMENT AND ANY
AMENDMENTS THERETO, IF SELECTED FOR SUCH FUNDING; AND
ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE
CALHOME 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 City of Santa Ana, a political subdivision of the State of California,
wishes to apply for and receive an allocation of funds through the
CalHome Program.
B. The California Department of Housing and Community Development
(hereinafter referred to as "HCD") issued a Notice of Funding
Availability ("NOFA") on April 18, 2008, announcing the availability of
$60 million through the CalHome Program for Mortgage Assistance
and Owner-Occupied Rehabilitation.
C. The CalHome Program is amulti-faceted homeownership and
rehabilitation program created by the State of California that utilized
monies made available by the passage of Proposition 1 C, the Housing
and Emergency Shelter Trust Fund Act of 2006. These funds are
available to local public agencies or nonprofit corporations for a variety
of programs that benefit low and very low-income households.
D. The City of Santa Ana wishes to submit an application to obtain from
HCD an allocation of CalHome funds in the amount of $900,000.00.
E. Under the proposed application, the City is requesting the maximum
amount of $900,000 to provide additional funds for the City's existing
CalHome Rehabilitation and Mobile Home Replacement Housing
Program.
Section 2. The City of Santa Ana shall submit to HCD an application to
participate in the CalHome Program which will request a funding allocation for
rehabilitation loans to qualified owners of single family homes and mobile homes
located in the City of Santa Ana. Loan funds will be used for first time
homebuyer mortgage assistance, as well as to correct unsafe, unhealthy or
55A-3
5!12!08 les
unsanitary conditions in both single-family homes and mobile homes. The grant
would also be used to fund the Replacement Manufactured Housing component
of the City's existing program.
Section 3. If the application for funding is approved, the City of Santa Ana
hereby agrees to use the CalHome funds for eligible activities in the manner
presented in the application as approved by HCD and in accordance with
program guidelines cited above. It also may execute any and all other
instruments necessary or required by HCD for participation in the CalHome
Program.
Section 4. The City of Santa Ana authorizes the City Manager to execute in
the name of the City of Santa Ana, the application, the Standard Agreement, and
all other documents required by HCD for participation in the CalHome Program,
and any amendments thereto.
2
55A-4
5/12/08 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:
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
3
55A-5
55A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
ADOPT A RESOLUTION OF SUPPORT FOR
THE 2008 PRESERVE AMERICA HISTORIC
PRESERVATION FUND GRANT APPLICATION
~-
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 `~ Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution of support for the 2008 Preserve America Historic
Preservation Fund Grant Application.
DISCUSSION
The Preserve America Program is a federal government initiative developed
in cooperation with the Advisory Council on Historic Preservation and the
U. S. Departments of the Interior, Commerce, Agriculture, and Housing and
Urban Development. The City of Santa Ana was designated a Preserve
America Community in 2005. Preserve America grants offer planning
funding to support communities that have demonstrated a commitment to
preserve, recognize, designate, and protect, local cultural resources.
The designation affords the City of Santa Ana the opportunity to apply
for Preserve America Federal Grants.
The application for the 2008 Preserve America fund will provide the City
of Santa Ana an opportunity to inventory and promote the City`s historic
resources by conducting a feasibility study to determine the most
effective use of vacant/under-utilized buildings and land, especially
those in the Downtown National Register District, and to study the
potential of tourism and related businesses by conducting a historic
survey. This intensive survey will identify additional historic
resources within the community. The Preserve America grant is a
competitive grant process and must be submitted by June 30, 2008.
55B-1
Resolution of Support for the 2008
Preserve America Historic Preservation
Fund Grant Application
June 2, 2008
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja M. Trevino
Executive Director
Planning & Building Agency
~`f rl fib ~ 1 ~-a-tt~G~,~
Nancy T. ~dwards
Assistant Director
Community Development Agency
NTE/TE/mlr
060208 Reso-Preserve America (2)
55B-2
LST 5/22/08
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUPPORTING AND AUTHORIZING AN
APPLICATION FOR PRESERVE AMERICA GRANT
FUNDS TO FUND HISTORIC PRESERVATION PROJECTS
WITHIN THE CITY OF SANTA ANA
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 Preserve America program is a federal government initiative
developed in cooperation with the Advisory Council on Historic
Preservation, the U.S. Departments of the Interior, Commerce,
Agriculture, and Housing and Urban Development. The City of Santa Ana
was designated a Preserve American Community in 2005.
B. Preserve America grants offer planning funding to support communities
that have demonstrated a commitment to preserve, recognize, designate
and protect local cultural resources.
C. The application for the 2008 Preserve America funds will provide the City
of Santa Ana with an opportunity to inventory and promote the City's
historic resources by conducting a feasibility study to determine the most
effective use of vacant/under-utilized buildings and land, especially those
in the Downtown National Register District. The funds would also allow
the City to study the potential of tourism and related businesses by
conducting a historic survey. This intensive survey will identify additional
historic resources in the subject area.
D. The National Park Service, U.S. Department of the Interior, has been
delegated the responsibility for the administration of the Grant Program,
setting up necessary procedures and said procedures require that the City
Council certify by resolution, its support of an application for grant funds.
Section 2. The City Council of the City of Santa Ana supports the submission
of an application for Preserve America grant funds to implement projects intended to
protect and celebrate the City's heritage, use the City's historic assets for economic
development and community revitalization, and encourage people to experience and
appreciate local historic resources through education and heritage tourism programs.
Section 3. The City Council certifies that the City will match funds awarded
through the Preserve America grant program.
Resolution No. 2008-
Page 1 of 3
55B-3
Section 4. The City Council appoints the City Manager, or his designee, as
agent for the City of Santa Ana to execute and submit all documents, including but not
limited to applications, agreements, amendments and payment requests which may be
necessary for the completion of the aforementioned projects.
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.
Resolution No. 2008-
Page 2 of 3
55B-4
ADOPTED this day of June, 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
Resolution No. 2008-
Page 3 of 3
55B-5
55B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
WORKFORCE INVESTMENT ACT
TITLE I SUBGRANT FOR PY 2008-09
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1u Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the City Manager to execute the attached
subgrant agreement and all other necessary documents for the Workforce
Investment Act Title I subgrant with the State of California.
DISCUSSION
The Workforce Investment Act (WIA) of 1998 provides funds to Local
Workforce Investment Areas (LWIA) to operate job-training programs for
adults, dislocated workers and youth who meet specific criteria as
outlined in the Act. The City of Santa Ana was designated as a LWIA and
administrative entity on January 28, 2000, by the State Workforce
Investment Board. Santa Ana has received WIA funds to operate job-
training programs since July 1, 2000.
A new subgrant is required at the beginning of each program year in order
to receive the new WIA funds as they are allocated by the State . Upon
submission of this subgrant agreement, the City will be eligible to
receive $1,338,849 in WIA Youth funds for program year 2008-09. The City
will also be eligible to receive additional funds for the Adult and
Dislocated Worker programs during the year by a unilateral modification
from the State of California.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Il~
Nancy T. Edwards
Assistan Director
Community Development Agency
NTE/LM/FJ/mlr
060208 WIA subgrant PY08-09
55C-1
les: 5/16/08
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS FOR THE WORKFORCE
INVESTMENT ACT SUB-GRANT WITH THE STATE
OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION
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 Workforce Investment Act (WIA) of 1998 provides funds to Local
Workforce Investment Areas (LWIA) to operate job-training programs
permissible under the Act for adults, dislocated workers and youth meeting
specific criteria set forth in the Act.
B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and
an administrative entity by the State Workforce Investment Board. The City of
Santa Ana has received WIA funds to operate job-training programs since
July 1, 2000.
C. Anew sub-grant is required at the beginning of each fiscal year in order to
avoid the commingling of funds from the previous year. Submittal of this sub-
grant is the first step in the process enabling the City of Santa Ana to receive
WIA funds as they are allocated by the State of California for fiscal year 2008-
2009.
D. Submittal of the sub-grant agreement will enable the City to be eligible to
receive $1,338,849.00 in WIA Youth Funds for fiscal year 2008-2009. The
City will also be eligible to receive additional funds for the Adult and
Dislocated Worker Programs during the year by a unilateral modification from
the State of California.
E. The sub-grant and other related documents from the State of California must
be reviewed and executed by the City of Santa Ana in order to receive said
funding.
55C-2 Resolution No. 2008-XXX
Page 1 of 2
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager or his designee to execute all necessary documents related to the sub-
grant with the State of California, Workforce Investment Division.
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:
Lisa E. Storck
Assistant City Attorney
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: 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
5503 Resolution No. 2008-xxx
Page 2 of 2
SANTA ANA WORK CENTER
WIA SUBGRANT AGREEMENT
I
~SUBGRANTOR: State of California
Employment Development Dept.
Workforce Services Division
P.O. Box 826880, MIC 69
Sacramento, CA 94280-0001
REGISTRATION NO: R970558
MODIFICATION NO: NEW
SUBGRANTEE CODE: SAN
SUBGRANTEE: SANTA ANA WORK CENTER
20 CIVIC CENTER PLAZA (M-31)
SANTA ANA CA 92702
I GOVERNMENTAL ENTITY: YES
This Subgrant Agreement is entered into by and between the State of California, Employment Development Department,
hereinafter the Subgrantor, and the SANTA ANA WORK CENTER hereinafter the Subgrantee. The Subgrantee agrees
to operate a program in accordance with the provisions of this Subgrant and to have an approved WIA Local Plan for the
above named Subgrantor filed with the Subgrantor pursuant to the Workforce Investment Act (WIA).
This modificaton consists of this sheet and those of the following exhibits, which are attached hereto and by this
reference made a part hereof:
Funding Detail Chart
General Provisions and standards of Conduct
Title I-Y (WIA TITLE I YOUTH FORMULA)
Exhibit AA, pages 1 through 1
Exhibit BB, pages 1 through 14
Exhibit DD, pages 1 through 1
ALLOCATION(S): ~ PRIOR AMOUNT: $0.00
The Subgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: $1,338,849.00
not to exceed the amount listed hereinafter "TOTAL": TOTAL: $1,338,849.00
•1'erms or axiilui~~ a~~ a
TERMS OF AGREEMENT:
From 04/01/2008 to 06/30/2010 designated on each exhibit
PURPOSE: To initiate the PY 2006-09 WIA subgrant and incorporate WIA Youth formula funding under
GC 301.
APPROVED FOR SUBGRANTOR (EDD) (By Signature) ~ APPROVED FOR SUBGRANTEE (By Signature)
Name and Title ~ Name and Title
BOB HERMSMEIER DAVID N. _REAM, CITY MANAGER
CHIEF
WORKFORCE SERVICES DIVISION
I hereby certify that to my knowledge, the budgeted ~ This Agreement does not fall within the meaning of Section
funds are available for the period and purpose of ~ 10295 of Chapter 2 of Part 2 of Division 2 of the Public
expenditures as stated herein: ~ Contract Code of the State of California and pursuant to
50 OPS Cal. Atty. Gen. 586, is exempt from review or approval
of the Dept. of General Services and the Dept. of Finance:
Signature of EDD Accounting Officer ~ Signature of EDD Contract Officer
Budget item: 7100 Fund: 0869 Budgetary Attachment: YES
Chapter 171 Statutes: 2007 FY: 07/08
55C-4
PPS
SUBGRANTEE NAME: SANTA ANA WORK CENTER
WIA
SUBGRANT AGREEMENT
FUNDING DETAIL SHEET
FUNDING SOURCE
I. ALLOCATION
PRIOR
AMOUNT
INCREASE
Exhibit AA
Page 1 of i
SUBGRANT NO: R970558
MODIFICATION NO: NEW
DECREASE
ALLOCAT2ON
TITLE I-Y: YOUTH ~ ~
9610 WIA TITLE I YOUTH FORMULA (301) ~ $0.00 ~ $1,338,849.00 ~ $0.00 i $1,338,849.00
04/01/2008 to 06/30/2010
Pzog/Element 61/ 00 Ref lO1.Fed Catlg 417259
TOTAL TITLE I-Y ~ $0.00 ~ $1,338,849.00 i $0.00 i $1,338,849.00
GRAND TOTAL: ~ $0.00 ~ $1,338,849.00 ~ $0.00 ~ $1,338,649.00
r
All references are to the Workforce Investment Act of 1998, Title i, unless otherwise noted. For modifications
purposes only. All other terms and conditions of this exhibit not included herein remain unchanged.
55C-5
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 1 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
1. Compliance
In performance of this subgrant agreement, Subgzantee will fully comply with:
a). The proviaiona of the Workforce Investment Act (WIA) and all regulations, legislation, '
directives, policies, procedures and amendments issued pursuant thereto.
b). All State legislation and regulations Co the extent permitted by federal law and all policies,
directives and/or procedures, which implement the WIA.
c). The provisions of Public Law 107-288, Jobe for Veterans Act, as the law applies to Department
of Labor (DOL) job training programs
d). Subgrantee will ensure diligence in managing programs under this aubgrant agreement, including
performing appropriate monitoring activities and taking prompt corrective action against known
,violations of the WIA. Subgrantee agrees to conform to the proviaiona of the WIA and the
contract requirements as referenced in 29 CFR Part 95, Appendix A and 29 CFR, Part 97.36(1)(1-13).
This subgzant agreement contains the entire agreement of the parties and supersedee all
negotiations, vezbal or otherwise and any other agreement between the parties hereto. This
aubgrant agreement is not intended to and will not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association between the
Subgrantor and the Subgrantee. Subgrantee represents and warrants it is free to enter into
and fully perform this subgrant agreement.
2. Certification/Assurances
Except as otherwise indicated, the following certifications apply to all Subgrantee's.
a). Corporate Registration: The Subgrantee, if it is a corporation, certifies it is registered
with the Secretary of State of the State of California.
b). The Subgrantee agrees to comply with the Americana with Disabilities Act (ADA) of 1990, which,
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to ADA. (42 U.S.C.12101 et seq.
c). Sectarian Activities: The Subgrantee certifies that this aubgrant 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 whatsoever,
as specified by Article XVI, Section 5, of the Constitution, regarding separation of church
and state.
d). National Labor Relations Hoard: The Subgrantee (if not a public entity), by signing this
subgrant agreement, does swear under penalty of perjury, that no more than one final
unappeasable finding of contempt of court by a federal court has been issued against the
Subgrantee within the immediately preceding two-year period because of Subgrantee's failure
to comply with an order of a federal court, which orders the Subgrantee to comply with an
order of the National Labor Relations Board (PCC10296).
e). Prior Findings: Subgrantee, by signing this subgrant agreement, does swear under penalty of
perjury, that it has not failed to satisfy any major condition in a current or previous subgrant
agreement with the DOL or the State of California and has not failed to satisfy conditions
relating to the resolution of a final finding and determination, including repayment of debts.
f). Drug-Free workplace Certification: Hy signing this subgrant agreement the Subgrantee hereby
certifies under penalty of perjury under the laws of the State of California that the Subgrantee
will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
(1). Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
(2). Establish a. Drug-Free Awareness Program as required to inform employees about:
- the dangers of drug abuse in the workplace;
- the person's or organization's policy of maintaining a drug-free workplace;
- any available counseling, rehabilitation and employee assistance programs; and,
- penalties that may be imposed upon employees for drug abuse violations.
(3). Every employee who works on this subgrant agreement will:
- receive a copy of the company's drug-free policy statement; and,
- agree to abide by the terms of the company's statement as a condition of employment on the
subgrant/contract.
g). Child Support Compliance Act: in accordance with the Child Support Compliance Act, the
55C-6
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER ~ Page 2 of 14
SUBGRANT NO: R970558
.MODIFICATION N0: NRW
Subgrantee recognizes and acknowledges:
(1). The importance of child and family support obligations and shall fully comply with
applicable 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 a (commencing with Section 5200) of Part 5
of Division 9 of the Family Code; and-that to the beet 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)•
h). Debarment and Suspension Certification: By signing this subgrant agreement, the Subgrantee
hereby certifies under penalty of perjury under the laws of the State of California that the
Subgrantee will comply with regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98.510, that the prospective participant .(i.e., grantee), to the best
of its knowledge and belief, that it and its principals:
(1). Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transitions by any federal department or agency.
(2). Have not within a three-year period preceding this subgrant agreement been convicted of or
had a civil judgement 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 local) transaction or contract under a public transaction, violation of federal or
state antitrust statutes, or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, making false statements, or receiving stolen
property.
(3). 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 in
Section 2 of this certification.
(4). Have not within a three year period preceding this subgrant agreement had one or more public
transactions (federal, state or local) terminated for cause of default.
Where the Subgrantee is unable to certify to any of the statements. in this certification, such
prospective participant shall attach an explanation to this agreement.
i). Lobbying Restrictions: By signing this subgrant agreement the Subgrantee hereby assures and
certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93.
(1). No federal appropriated funds have been 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, in connection with this federal contract, grant loan, or 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 any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress, in connection with this aubgrant 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 the lobbying restrictions be included in
the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers
(including aubgrant agreements, contracts and subcontracts, under grants, loan, or
cooperative agreements), and that all subrecipienta shall certify and disclose accordingly.
(4). This certification is a material representation of fact upon which reliance is placed when
this transaction is executed. Submission of the Lobbying Certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, and U.S.
Code. 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 than $100,000 for each failure.
j). Priority Hiring Considerations:
,If this aubgrant includes services in excess of $200,000, the Subgrantee shall give priority
consideration in filling vacancies in positions funded by the subgrant to qualified recipients
of aid under Welfare and Institutions Section Code 11200 in accordance with Public Contract
Code 10353.
k). Sweatfree Code of Conduct:
1). All Subgrantees contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
55C-7
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 3 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, or supplies furnished to the
state pursuant to the contract have been laundered or produced in whole or in part by
sweatshop labor, forced labor, convict labor, indentured labor under penal sanction,
abusive forms of child labor or exploitation of children in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forma of child labor or exploitation of children in sweatshop labor.
The Subgrantee further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations webeite located at www.dir.ca.gov, and Public Contract Code Section 6108.
2). The Subgrantee agrees to cooperate fully in providing reasonable access to the aubgrantees'
records, documents, agents or employees, or premises if reasonably required by authorized
officials of the Subgrantor, the Department of Industrial Relations, or the Department of
Justice to determine the subgrantees' compliance with the requirements under paragraph a of
the Sweatfree Code of Conduct.
1). Unenforceable Provision: In the event that any provision of this aubgrant agreement ie
unenforceable or held to be unenforceable, then the parties agree that all other provisions
of this aubgrant agreement have force and effect and shall not be affected hereby.
m). Nondiscrimination Clause
1). The conduct of the parties to this subgrant agreement will be in accordance with Title VI
of the Civil Rights Act of 1964, and the Rules and Regulations promulgated there under
and the proviaione of W1A, Section 188._
(a). As a condition to the award of financial assistance from the Department of Labor
under Title I of WIA, the grant applicant assures that it will comply fully with
the nondiscrimination and equal opportunity proviaione of the following laws:
Section 168 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of
race, color, religion, sex, national origin, age, disability, political affiliation
or belief, and against beneficiaries on the-basis of either citizenship/status as
a lawfully admitted immigrant authorized to work in the United States or
participation in any WIA Title I - financially assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination
on the basis of race, color, and national origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
r
The Age Discrimination Act of 1975, as amended, which prohibits discrimination
on the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in educational programs.
The grant applicant also assures that it will comply with 29 CPR part 37
and all other regulations implementing the laws listed above. This assurance
applies to the grant applicant's operation of the WIA Title I-financially assisted
program or activity, and to all agreements that grant applicant makes to carry
out the WIA Title I-financially assisted program or activity. The grant
applicant understands that the United States has the right to seek judicial
enforcement of this assurance.
(b). This Subgrantee shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under the subgrant agreement.
(c). This Subgrantee.agreea to conform to nondiscrimination provisions of the WIA and
other federal nondiscrimination requirements referenced in 29 CFR, Part 37.
n). Indemnification:
1),. The following provision applies only if the Subgrantee is a governmental entity:
Pursuant to the provision of Section 895.4 of the California Government Code, each party
agrees to indemnify and hold the other party harmless from all liability for damage to
persons or property arising out of or resulting from acts or omissions of the indemnifying
.party.
2). The following provision applies only if the Subgrantee is a non-governmental entity:
The Subgrantee agrees to the extent permitted by law, to indemnify, defend and save
harmless the Subgrantor, its officers, agents and employees from any and all claims and
55C-8
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER
Page 4 of 14
SUBGRANT NO: R970558
"MODIFICATION NO: NEW
losses accruing or resulting to any and all contractors, subcontractors, materials
persona, laborers and any other persons, firma or corporations, furnishing or eupplying
work, services, materials, or supplies in connection with the performance of this
agreement, and from any and all claims and losses accruing or resulting to any persona,
firms or corporations which may be injured or damaged by the Subgrantee in the
performance of this aubgrant agreement.
Failure to comply with all requirements of the certifications in Section 2 may result in
suspension of payment under this subgrant agreement or termination of this subgrant agreement
or both, and the Subgrantee may be ineligible for award of future state aubgrant
agreements/contracts if the department determines that any of the following has occurred:
(1) false information on the certifications, or (2) violation of the terms of the
certifications by failing to carry out the requirements as noted above.
o). Salary and Bonus Limitations:
In compliance with Public Law 109-234, none of the funds appropriated in Public
Law 109-149 or prior Acta under the heading "Employment and Training" that are available
for expenditure on or after June 15, 2006, shall be used by a recipient or eubrecipient
of such funds to pay the salary and bonuses of an individual, either as direct costs or
indirect costa, at a rate in excess of Executive Level II, except as provided for under
section 101 of Public Law 109-149. This limitation shall not apply to vendors providing
goods and services as defined in OMB Circular A-133. Where States are recipients of
such funds, States may establish a lower limit for salaries and bonuses of those
receiving salaries and_bonuses from subrecipienta of such funds, taking into account
factors including the relative coat-of-living in the States, the compensation levels
for programs involved including Employment and Training Administration programs. See
Training and Employment Guidance Letter number 5-06 for further clarification.
The incurrence of costs and receiving reimbursement for these costs under this award
certifies that your organization has read the above special condition and is in
compliance.
p). Clean Air and Water Act:
For subgrants in excess of $100,000, compliance with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 {h}); Section
508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S.
Environmental Protection Agency regulations (40 CFR 15, revised as of July 1, 1989).
3. Standards of Conduct
The following standards apply to all Subgrantees.
a). General Assurance: Every reasonable course of action will be taken by the Subgrantee in order
to maintain the integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This aubgrant agreement will be administered in an
impartial manner, free from efforts to gain personal, financial or political gain.
Subgrantee agrees to conform to the nondiscrimination requirements ae referenced ~n WIA,
Section 188.
b). Avoidance of Conflict of ficonomic Interest: An executive or employee of the Subgrantee, an
elected official in the area or a member of the Local Board, will not solicit or accept money
or any other consideration from a third person, for the performance of an act reimbursed in
whole or part by the Subgrantee or Subgrantor: Supplies, materials, equipment or services
purchased with aubgrant agreement funds will be used solely for purposes allowed under this
subgrant agreement. No member of the Local Board will cast a vote on the provision of
services by that member (or any organization, which that member represents) or vote on any
matter which would provide direct financial benefit to that member (or immediate family of
the member) or any business or organization which the member directly represents.
4. Coordination
Subgrantee will, to the maximum extent feasible, coordinate all programs and activities supported
under this part with other programs under the WIA,. including the Wagner-Peyser Act, Title 38 of
.the United States Code, and other employment and training programs at the state and local level.
Subgrantee will consult with the appropriate labor organizations and/or employer representatives
in the design, operation or modification of the programs under this aubgrant agreement.
5. Subcontracting
a). Any of the work or services specified in this subgrant agreement which will be performed by
other than by the Subgrantee will be evidenced by a written agreement specifying the terms
and conditions of such performance.
b). The Subgrantee will maintain and adhere to an appropriate system, consistent with federal,
55C-9
WIA SUBGRANT AGREEMENT Exhibit HB
Subgrantee: SANTA ANA WORK CENTER Page 5 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
state and local law, for the award and monitoring of contracts which contain acceptable
standards for insuring accountability.
c'). The system for awarding contracts will contain safeguards to insure that the Subgrantee does
not contract with any entity whose officers have been convicted of fraud or misappropriation
of funds within the last two years.
6. Insurance
Except for city and county governmental entities, Subgranteea must provide the Subgrantor
evidence of the coverage specified in a, b, c and d below. The evidence of coverage shall
include the registration number of the subgrant agreement for identification purposes.
a). Subgrantee will obtain a fidelity bond in an amount of not less than N /A prior to
the receipt of funds under this subgrant agreement. If the bond ie canceled or reduced,
Subgrantee will immediately so notify the Subgrantor. In the event the bond is canceled
or revised, the Subgrantor will make no further disbursements until it is assured that
adequate coverage has been obtained.
b). Subgrantee will provide general liability insurance with a combined limit of $1,000,000 or
public liability and property damage coverage with a combined limit of not less than
$1,000,000.
c). Subgrantee will provide broad form automobile liability coverage with limits as set forth in
(b) above, which applies to both owned/leased and non-owned automobiles used by the Subgrantee
or its agents in performance of this aubgrant agreement, or, in the event that the Subgrantee
will not utilize owned/leased automobiles but intends to require employees, trainees or other
agents to utilize their own automobiles in performance of this subgrant agreement, Subgrantee
will secure and maintain on file from all such employees, trainees or agents a
self-certification of automobile insurance coverage.
d). Subgrantee will provide Worker's Compensation Insurance, which complies with provisions of
the California Labor Code, covering all employees of the Subgrantee and all participants
enrolled in work experience programs. Medical and Accident insurance will be carried for
those participants not qualifying as "employee" (Section 3350, et seq. of the California
Labor Code) for Worker's Compensation.
e). The Subgrantor will be named as "Certificate Holder" of policies secured in compliance with
paragraphs a-d above and will be provided certificates of insurance or insurance company
"binders" prior to any disbursement of funds under this subgrant agreement, verifying the
insurance requirements have been complied with. The coverage noted in b and c above must
contain the following clauses:
(1). Insurance coverage will not be canceled or changed unless 30 days prior to the effective
dat8 of cancellation or change written notice is sent by the Subgrantee to:
Employment Development Department
WIA - Financial Management IInit
P.O. Box 626880, MIC 69
Sacramento, CA 94280-0001
(2). State of California, its officers, agents, employees and servants are included as additional
insured, but only insofar ae the operations under this subgrant agreement are concerned.
(3). The State of California is not responsible for payment of premiums or assessments on
this policy
7. Resolution
A county, city, district or other local public body must provide the state with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority
to enter into an agreement, authorizing execution of this subgrant agreement. Preferably
resolutions should authorize a designated position rather than a named individual.
Funding
It is mutually understood between the parties that this subgrant agreement may have been written
before ascertaining the availability of congressional and legislative appropriation of funds,
for the nfutual benefit of both parties, in order to avoid program and fiscal delays which would
occur if the aubgrant agreement was executed after that determination was made.
This subgrant agreement is valid and enforceable only if (1) sufficient funds-are made available
by the State Budget Act of the appropriate state fiscal years covered by this subgrant agreement
for the purposes of this program and; (2) sufficient funds available to the state by the United
States Government for the fiscal years covered by this subgrant agreement for the purposes of
this program. In addition, this subgrant agreement is subject to any additional restrictions,
limitations, or conditions enacted by the Congress and Legislature or any statue enacted by the
55C-10
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER page 6 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
Congress and Legislature which may affect the provisions, terms, or funding of this subgrant
agreement in any manner.
a). At the expiration of the terms of this subgrant agreement or upon termination prior to the
expiration of this subgrant agreement, funds not obligated for the purpose of this eubgrant
agreement will be immediately remitted to the Si~bgrantor, and no longer .available to the
Subgrantee.
b). The Subgrantor retains the right to suspend financial assistance, in whole or in part, to
protect the integrity of the funds or to ensure proper operation of the program, providing
the Subgrantee is given prompt notice and the opportunity for an informal review of the
Subgrantor's decision. The Chief Deputy Director or his designee will perform this
informal review and will issue the final administrative decision within 60 days of receiving
the written request for review. Failure on the part of the Subgrantee or a Subcontractor of
the Subgrantee to comply with the provisions of this subgrant agreement, or with the WIA or
regulations, when ouch failure involves fraud or misappropriation of funds, may result in
immediate withholding of funds.
c). The local Chief Elected Official (CEO) of a unit of general local government designated as a
Local Workforce Investment Area (LWIA) shall be liable to the EDD for all funds not expended .
in accordance with WIA, and shall return to the EDD all of those funds. If there is more than
one unit of general local government in a LWIA, the CEO(s) will be the individual(s)
designated under an agreement executed by the CEO(s) of the local unite of government. The
CEO(s) designated under the agreement shall be liable to the EDD for all funds not expended
in accordance with the WIA, and shall return to the EDD all of those funds.
9. Accounting and Cash Management
a). Subgrantee will comply with controls, record keeping and fund accounting procedure
requirements of WIA, federal and state regulations and directives to ensure the proper
disbursal of, and accounting for, program funds paid to the Subgrantee and disbursed by the
Subgrantee, under this subgrant agreement.
b). Subgrantee will submit requests for cash to coincide with immediate cash needs and assure
that no excess cash is on deposit in their accounts or the accounts of any sub-contracting
service provider in accordance with procedures established by the Subgrantor. Failure to
adhere to these provisions may result in suspending cash draw down privileges and
providing funds through a reimbursement process.
c). The Subgrantor retains the authority to adjust specific amounts of cash requested if the
Subgrantor's records and subsequent verification with the Subgrantee indicate that the
Subgrantee has an excessive amount of cash in its account.
d). Income (including interest income) generated as a result of the receipt of WIA activities,
will be utilized in accordance with policy and procedures established by the Subgrantor.
Subgrantee will account for any such generated income separately.
e). Subgrantee shall not be required to maintain a separate bank account but shall separately
account for WIA funds on deposit. All funding under this suk~grant agreement, will be made by
check or wire transfer payable to the Subgrantee for deposit in Subgrantee's bank account or
city and county governmental ban)c~accounte. To provide for the necessary and proper internal
controls, funds should be withdrawn and disbursed by no leas than two representatives of the
Subgrantee. The Subgrantor will have a lien upon any balance of WIA funds in these accounts,
which will take priority over all other liens or claims.
10. Amendments
This subgrant agreement may be unilaterally modified by the Subgrantor under the following
circumstances:
a). There ie an increase or decrease in federal or state funding levels.
b). A modification to the Subgrant is required in order to implement an adjustment to a
Subgrantee's plan.
c). Funds awarded to the Subgrantee have not been expended in accordance with the schedule
included in the approved Subgrantee's plan. After consultation with the Subgrantee, the
Subgrantor has determined that funds will not be spent in a timely manner, and such funds
are for that reason to the extent permitted by and in a manner consistent with state and
federal law, regulations and policies, reverting to the Subgrantor.
d). There is a change in state and federal law or regulation requiring a change in the provisions
of this subgrant agreement.
e). An amendment is required to change the Subgrantees' name as listed on this subgrant
agreement. Upon receipt of legal documentation of the name change the state will process
the amendment. Payment of invoices presented with a new name cannot be paid prior to
55C-11
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 7 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
approval of said amendment.
Except as provided above, this subgrant agreement may be .amended only in writing by the mutual
agreement of both parties.
11. Reporting
Subgrantee will compile and submit reports of activities, expenditures, status of cash and
closeout information by the specified dates ae prescribed by the Subgrantor. All expenditure
reports must be submitted upon the accrual basis of accounting. Failure to adhere to the
reporting requirements of this agreement will result in funds not being released.
12. Termination
This subgrant agreement may be terminated in whole or in part for either of the two following
circumstances:
a). Termination for Convenience - Either the Subgrantor or the Subgrantee may request a
termination, in whole or in part, for convenience. The Subgrantee will give a ninety- (90)
calendar-day advance notice in writing to the Subgrantor. The Subgrantor will give a ninety
(90) calendar-day advance notice in writing to the Subgrantee.
b). Termination for Cause - The Subgrantor may terminate this aubgrant agreement in whole or in
part when it has determined that the Subgrantee has substantially violated a specific
provision of the WIA regulations or implementing state legislation and corrective action
has not been taken.
(1). All notices of termination must be in writing and be delivered personally or by
deposit in the U. S. Mail, postage prepaid, "Certified Mail-Return Receipt Requested",
and will be deemed to have been given at the time of personal delivery or of the date
of postmark by the U. S. Postal Service.
Notices to the Subgrantee will be addressed to:
David N. Ream, City Manager
City of Santa Ana
PFO Box 1988, M31
Santa Ana, CA 92702-1988
Notices to the Subgrantor will be addressed to:
Employment Development Department
Workforce Services Division
Financial Management Unit
P.O. Box 826880, MIC 69
Sacramento, CA 94280-0001
13. Records
a). if participants are served under this aubgrant agreement, the Subgrantee will establish a
participant data system as prescribed by the Subgrantor.
b). Subgrantee will retain all records pertinent to this subgrant agreement for a period of
three years from the date of final payment of this subgrant agreement. if, at the end of
three years, there is litigation or an audit involving those records, the Subgrantee will
retain the records until the resolution of such litigation or audit.
c). The Subgrantor and/or the U. S. DOL, or their designee will have access to and right to
examine, monitor and audit all records, documents, conditions and activities related to
programs funded by this subgrant agreement. For purposes of this section, "access to" means
that the Subgrantee shall at all times maintain within the State of California a complete set
of records and documents related to programs funded by this agreement. The Subgrantee shall comply
with this requirement regardless of whether it ceases to operate or maintain a presence within the
State of California before the expiration of the subgrant. Subgrantee's performance under the terms
and conditions herein specified will be subject to an evaluation by the Subgrantor of the
adequacy of the services performed, timeliness of response and a general impression of the
competency of the firm and its staff.
14. Audits
a). The Subgrantee will maintain and make available to auditors, at all levels, accounting and
program records including supporting source documentation and cooperate with all auditors.
All governmental and non-profit organizations must follow the audit requirements of OMB
(single audit or program-specific audit requirement) Circular A-133 (29 CFR 97.26 and 29 CFR 95.26).
b). The Subgrantee and/or auditors performing monitoring or audits of the Subgrantee or its
55C-12
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER page B of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
sub-contracting service providers will immediately report to the Subgrantor any incidents
of fraud, abuse or other criminal activity in relation to this eubgrant agreement, the WIA,
or its regulations.
15. Disallowed Costa
Except to the extent that the state determines it will assume liability, the Subgrantee will be
liable for and will repay, to the Subgrantor, any amounts expended under this subgrant
agreement found not to be in accordance with WIA including, but not limited to, disallowed
costa. Such repayment will be from funds (Non-Federal), other than those received under the wIA.
16. Conflicts
a). Subgrantee will cooperate in the resolution of any conflict with the U. S. DOL that may
occur from the activities funded under this agreement.
b). In the event of a dispute between the Subgrantor and the Subgrantee over any part of thin
subgrant agreement, the dispute may be submitted to non-binding arbitration upon the
consent of both the Subgrantor and the Subgrantee. An election for arbitration pursuant
to_this provision will not preclude either party from pursuing any remedy for relief
otherwise available.
17. Grievances and Complaint System
Subgrantee will establish and maintain a grievance and complaint procedure in compliance with
the WIA, federal regulations and state statues, regulations and policy.
18. Property
All property, whether finished or unfinished documents, data, studies and reports prepared or
purchased by the Subgrantee under this subgrant agreement, will be disposed of in accordance
with the direction of the Subgrantor. In addition, any tools and/or equipment furnished to the
Subgrantee by the Subgrantor and/or purchased by the Subgrantee with funds pursuant to this
aubgrant agreement will be limited to use within the activities outlined in this subgrant
agreement and will remain the property of the United States Government and/or the Subgrantor.
Upon termination of this subgrant agreement, Subgrantee will immediately return such tools
and/or equipment to the Subgrantor or dispose of them in accordance with the direction of the
Subgrantor.
19. intellectual Property Provisions
a). Federal Funding
In any subgrant funded in whole or in part by the federal government, Subgrantor may
acquire and maintain the Intellectual Property rights, title, and ownership, which result
directly or indirectly from the subgrant, except as provided in 37 Code of Federal
Regulations part 401.14. However, pursuant to 29 CFR section 97.34 the federal government
shall have a royalty-free, non-exclusive, irrevocable, paid-up license throughout the world
to use, duplicate,- or dispose of such intellectual Property throughout the world in any
manner. for governmental purposes and to have and permit others to do so.
b). Ownership
(1). Except where Subgrantor has agreed in a signed writing to accept a license, Subgrantor
shall be and remain, without additional compensation, the sole owner of any and all
rights, title and interest in all intellectual property, from the moment of creation,
whether or not jointly conceived, that are made, conceived, derived from, or reduced
to practice by Subgrantee or Subgrantor and which result directly or indirectly from
this subgrant agreement.
(2). For the purposes of this subgrant agreement, Intellectual Property means recognized
protectable rights and interest such as: patents, (whether or not issued) copyrights,
trademarks, service marks, applications for any of the foregoing, inventions, trade
secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right
of publicity, au[hor'e rights, contract and licensing rights, works, mask works,
industrial design rights, rights of priority, know how, design flows, methodologies,
devices, business processes, developments, innovations, good will, any data or
information maintained, collected or stored in the ordinary course of business by
Subgrantor, and all other legal rights protecting intangible proprietary information
as may exist now and/or hereafter come into existence, and all renewals and
extensions, regardless of whether those rights arise under the-laws of the United
States, or any other state, country or jurisdiction.
(a). For the purposes of the definition of Intellectual Property, "works" means all
literary works, writings and printed matter including the medium by which they
are recorded or reproduced, photographs, art work, pictorial and graphic
representations and works of a similar nature, film, motion pictures, digital
55C-13
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 9 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
images, animation cells, and other audiovisual works including positives and
negatives thereof, sound recordings, tapes, educational materials, interactive
videos, computer software and any other materials or products created, produced,
conceptualized and fixed in a tangible medium of expression. It includes
preliminary and final products and any materials and information developed for
the purposes of producing those final products. "Works" does not include
articles submitted to peer review or reference journals or independent research
projects.
(3). In the performance of this subgrant agreement, Subgrantee may exercise and utilize
certain of its Intellectual Property in existence prior to the effective date of this
subgrant agreement. In addition, under this subgrant agreement, Subgrantee may access
and utilize certain of Subgrantor's intellectual property in existence prior to the
effective date of this subgrant agreement. Except as otherwise eet forth herein,
Subgrantee shall not use any of Subgrantor's Intellectual Property now existing or
hereafter existing for any purposes without the prior written permission of
Subgrantor. Except as otherwise set forth herein, neither the Subgrantee nor
Subgrantor shall give any ownership interest in or rights to its Intellectual
Property to the other Party. If, during the term of this aubgrant agreement,
Subgrantee accesses any third-party Intellectual Property that is licensed to
Subgrantor. Subgrantee agrees to abide by all license and confidentiality restrictions
applicable to Subgrantor in the third-party's licenee agreement.
(4). Subgrantee agrees to cooperate with Subgrantor in establishing or maintaining
Subgrantor's exclusive rights in the Intellectual Property, and in assuring
Subgrantor's sole rights against third parties with respect to the Intellectual
Property. If the Subgrantee enters into any agreements or subcontracts with other
parties in order to perform thin aubgzant agreement, Subgrantee shall require the terms
of the agreement(s) to include all Intellectual Property provisions of paragraph nineteen
a) through nineteen i). Such terms must include, but are not limited to, the subcontractor
assigning and agreeing to assign to Subgrantor all rights, title and interest in
Intellectual Property made, conceived, derived from, or reduced to practice by the
subcontractor, aubgrantee or subgrantor and which result directly or indirectly from this
aubgrant agreement or any subcontract.
(5). Pursuant to paragraph nineteen (b) (4) of the Intellectual Property Provisions in
Exhibit HB to this subgrant agreement, the requirement for the Subgrantee to include
all Intellectual Property Provisions of paragraph nineteen a) through nineteen i) of
the Intellectual Property Provisions in all agreements and subcontracts it enters into
with other parties does not apply to aubgrant agreements or subcontracts that are for
customized and on-the-job training as authorized under 20 CFR 663.700-730.
(6). Subgrantee further agrees to assist and cooperate with Subgrantor in all reasonable
respects, and execute all documents and, subject to reasonable availability, give
testimony and take all further acts reasonably necessary to acquire, transfer,
maintain, and enforce Subgrantor's Intellectual Property rights and interests.
c). Retained Rights / License Rights
(1). Except for intellectual Property made, conceived, derived from, or reduced to practice
by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant
agreement, Subgrantee shall retain title to all of its Intellectual Property to the
extent such Intellectual Property is in existence prior to the effective date of this
aubgrant agreement. Subgrantee hereby grants to Subgrantor, without additional
compensation, a permanent, non-exclusive, royalty free, paid-up, worldwide,
irrevocable, perpetual, non-terminable licenee to use, reproduce, manufacture, sell,
offer to sell, import, export, modify, publicly and privately display/perform,
distribute, and dispose of Subgrantee's intellectual Property with the right to
sublicense through multiple layers, for any purpose whatsoever, to the extent it is
incorporated in the Intellectual Property resulting from this subgrant, unless
Subgrantee assigns all rights, title and interest in the Intellectual Property as
set forth herein.
(2). Nothing in 'this provision shall restrict, limit, or otherwise prevent Subgrantee from
using any ideas, concepts, know-how, methodology or techniques related to its
performance under this aubgrant agreement, provided that Subgrantee's use does not
infringe the patent, copyright, trademark rights, licenee or other Intellectual
Property rights of Subgrantor or third party, or result in a breach or default of any
provisions of paragraph nineteen a) through nineteen i) or result in a breach of any
provisions of law relating to confidentiality.
d). Copyright
(1) Subgrantee agrees that for purposes of copyright law, all works (as defined in
Ownership, paragraph nineteen (b) (2) (a) of authorship made by or on behalf of
Subgrantee in connection with Subgrantee's performance of this subgrant agreement
shall be deemed "works made for hire." Subgrantee further agrees that the work of
55C-14
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 10 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
each person utilized by Subgrantee in connection with the performance of this subgrant
agreement will be a "work made for hire," whether that person ie an employee of
Subgrantee or that person has entered into an agreement with Subgrantee to perform the
work. Subgrantee shall enter into a written agreement with any such person that:
(i) all work performed for Subgrantee shall be deemed a "work made for hire" under the
Copyright Act and (ii) that person shall assign all right, title, and interest to
Subgrantor to any work product made, conceived, derived from or reduced to practice by
Subgrantee or Subgrantor and which result directly or indirectly from this subgrant
agreement.
(2) All materials, including, but not limited to, computer software, visual works or text,
reproduced or distributed pursuant to this aubgrant agreement that include Intellectual
Property made, conceived, derived from, or reduced to practice by Subgrantee or
Subgrantor and which result directly or indirectly from this subgrant agreement may not
be reproduced or disseminated without prior written permission from Subgrantor.
e). Patent Rights
With respect to inventions made by Subgrantee in the performance of this aubgrant agreement,
which did not result from research and development specifically included in the Subgrant's
scope of work, subgrantee hereby gzants to Subgrantor a license as described under paragraph
nineteen c) for devices or material incorporating, or made through the use of such
inventions. if such inventions result from research and development work specifically
included within the subgrant agreement's scope of work, then Subgrantee agrees to assign to
Subgrantor, without addition compensation, all its right, title and interest in and to such
inventions and to assist Subgrantor in securing United States and foreign patents with
respect thereto.
f). Third-Party Intellectual Property
Except as provided herein, Subgrantee agrees that its performance of this subgrant agreement
shall not be dependent upon or include any Intellectual Property of Subgrantee or third
party without first: (i) obtaining Subgrantor's prior written approval; and (ii) granting to
or obtaining for Subgrantor's, without additional compensation, a license, as described in
paragraph nineteen c), for any of Subgrantee's or third-party's Intellectual Property in
existence prior to the effective date of this subgrant agreement. If ouch a license upon
these terms is unattainable, and Subgrantor determines that the Intellectual Property should
be included in or is required for Subgrantee's performance of this aubgrant agreement,
Subgrantee shall obtain a license under terms acceptable to Subgrantor.
g). Warranties
(1). Subgrantee represents and warrants that:
(a). It has secured and will secure all rights and licensee necessary for its performance
of this subgrant agreement.
(b). Neither Subgrantee's performance of this subgrant agreement, nor the exercise by
either Party of the rights granted in this subgrant agreement, nor any use,
repzoduction, manufacture, Bale, offer to sell, import, export, modification,
public and private display/performance, distribution, and disposition of the
Intellectual Property made, conceived, derived from, or reduced to practice by
Subgrantee or Subgrantor and which result directly or indirectly from this subgrant
agreement will infringe upon or violate any intellectual Property right,
non-disclosure obligation, or other proprietary right or interest of any third-party
or entity now existing under the laws of, or hereafter existing or issued by, any
state, the United States, or any foreign country. There are currently no actual or
threatened claims by any such third party based on an alleged violation of any such
right by Subgrantee.
(c). Neither Subgrantee's performance nor any part of its performance will violate the
right of privacy of, or constitute a libel or slander against any person or
entity.
(d). it has secured and will secure all rights and licenses necessary for Intellectual
Property including, but not limited to, consents, waivers or releases from all
authors.
(e). Of music or performances used, and talent (radio, television and motion picture
talent), owners of any interest in and to real estate, sites locations, property or
props that may be used or shown.
(f). It has not granted and shall not grant to any person or entity any right that would
or might derogate, encumber, or interfere with any of the rights granted to
Subgrantor in this aubgrant agreement.
(g). it has appropriate systems and controls in place to ensure that state and federal
55C-15
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 11 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
funds will not be used in the performance of this subgrant agreement for the
acquisition, operation or maintenance of computer software in violation of
copyright laws.
(h). It has no knowledge of any outstanding claims, licenses or other charges, liens,
or encumbrances of any kind or nature whatsoever that could affect in any way
Subgrantee'e performance of this aubgrant agreement.
(2). SUBGRANTOR MAKES NO WARRANTY, THAT THE INTELLECTUAL PROPERTY RESULTING FROM THIS
SUBGRANT AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE,
NOW EXISTING OR SUBSEQUENTLY ISSUED.
h). Intellectual Property Indemnity
(1). Subgrantee shall indemnify, defend and hold harmless Subgrantor and its licensees and
assignees, and its officers, directors, employees, agents, representatives,
successors, and users of its products, ("Indemnities") from and against all claims,
actions, damages, losses, liabilities (or actions or proceedings with respect to any
thereof), whether or not rightful, arising from any and all actions or claims by any
third party or expenses related thereto (including, but not limited to, all legal
expenses, court costa, and attorney's fees incurred in investigating, preparing,
serving as a witness in, or defending against, any such claim action, or proceeding,
commenced or threatened) to which any of the indemnities may be subject, whether or
not Subgrantee is a party to any pending or threatened litigation, which arise out of
or are related to (i) the incorrectness or breach of any of the representations,
warranties, covenants or agreements of Subgrantee pertaining to Intellectual Property;
or (ii) any Intellectual Property infringement, or any other type of actual or alleged
infringement claim, arising out of Subgrantor's use, reproduction, manufacture, sale,
offer to sell, distribution, import, export, modification, public and private
performance/display, license, and disposition of the Intellectual Property made,
conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and
which result directly or indirectly from this subgrant agreement. This indemnity
obligation shall apply irrespective of whether the infringement claim is based on a
patent, trademark or copyright registration that was issued after the effective date
of this aubgrant agreement. Subgrantor reserves the right to participate in and/or
control, at Subgrantee's expense, any such infringement action brought against
Subgrantor.
(2). Should any Intellectual Property licensed by the Subgrantee to Subgrantor under this
subgrant agreement become the subject of an Intellectual Property infringement c-laim,
Subgrantee will exercise its authority reasonably and in good faith to preserve
Subgrantor's right to use the licensed Intellectual Property in accordance with this
subgrant agreement at no expense to Subgrantor. Subgrantor shall have the right to
monitor and appear through its own counsel (at Subgrantee's expense) in any such claim
or action. In the defense or settlement of the claim, Subgrantee may obtain the right
for Subgrantor to continue using the licensed Intellectual Property or, replace or
modify the licensed Intellectual Property so that the replaced or modified Intellectual
Property becomes non-infringing provided that such replacement or modification is
functionally .equivalent to the original licensed Intellectual Property. if such
remedies are not reasonably available, Subgrantor may be entitled to a refund of all
monies paid under this subgrant agreement, without restriction or limitation of any
other rights and remedies available at law or in equity.
(3). Subgrantee agrees that damages alone would be inadequate to compensate Subgrantor for
breach of any term of these Intellectual Property provisions .of paragraph nineteen a)
through nineteen i) by Subgrantee. Subgrantee acknowledges Subgrantor would suffer
irreparable harm in the event of such breach and agrees Subgrantor shall be entitled
to obtain equitable relief, including without limitation an injunction, from a court
of competent jurisdiction, without restriction or limitation of any other rights and
remedies available at law or in equity.
i) . Survival
The provisions set forth herein shall survive any termination or expiration of this
aubgrant agreement or any project schedule.
20. Confidentiality Requirements
The State of California and the Subgrantee will exchange various kinds of information pursuant
to this subgrant agreement. That information will include data, applications, program files,
and information about specific clients receiving services. These data and information are
confidential when they define an individual or an employing unit or when the disclosure is
restricted or prohibited by any provision of law. Confidential information requires special
precautions to protect it from unauthorized use, access, disclosure, modification, and
destruction. The sources of information may include, but are not limited to, the Employment
Development Department, the California Department of Social Services, the California Department
of Education, the California Department of Corrections, the County Welfare Department(s), the
55C-16
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 12 of 14
SUBGRANT NO: R970558
MODIFICATION N0: NEW
County IV-D Directors Office of Child Support, the Office of the District Attorney, the
California Department of Mental Health, the California Office of Community Colleges, the
Department of Alcohol and Drug Programs, and individuals requesting program services.
The Subgrantor and Subgrantee agree that:
a). Each party shall keep all confidential information that is exchanged between them in the
strictest confidence and make such information available to theiz own employees only on a
"need-to-know" basis.
b). Each party shall provide security sufficient to ensure protection of confidential information from
improper use and disclosures, including aufficiAnt administrative, physical, and technical
safeguards to protect this information from reasonable unanticipated threats to the security
or confidentiality of the information.
c). The Subgrantee agrees that information obtained under this subgrant agreement will not be
reproduced, published, sold or released in original or in any other form for any purpose other
than those specifically identified in this agreement.
i. Aggregate Summaries: All reports and/or publications developed by the Subgrantee based on data
obtained under this agreement shall contain confidential data in aggregated or statistical
summary form only. "Aggregated" refers to a data ouput that does not allow identification of
an individual or employer unit.
ii. Publication: Prior to publication, Subgrantee shall carefully analyze aggregated data outputs to
ensure the identity of individuals and/or employer unite cannot be inferred pursuant to
Unemployment Insurance Code section 1094(c). Personal identifiers must be removed. Geographic
identifiers should be specified only in large areas and as needed, and variables should be
recorded in order to protect confidentiality.
iii. Minimum Data Cell Size: The minimum data cell size or derivation thereof shall be three
participants for any data table released to outside parties or to the public.
d). Each party agrees that no disaggregate data, identifying individuals or employers, shall be
released to outside parties or to the public.
e}, The Subgrantee shall notify Subgrantor's.Information Security Office of any actual or attempted
information security incidents, within 24 hours of initial detection, by telephone at
(916) 654-6231. Information Security Incidents include, but are not limited to, any event
(intentional or unintentional), that causes the loss, damage, or destruction, or unauthorized
access, use, modification, or disclosure of information assets.
The Subgrantee shall cooperate with the Subgrantor in any investigations of security incidents.
The system or device affected by an information security incident and containing confidential
data obtained in the administration of this program shall be immediately removed from operation
upon confidential data exposure or a known security breach. It shall remain removed from
operation until correction and mitigation measures are applied:
If the Subgrantee learns of a breach in the security of the system which contains confidential
data obtained under this Subgrant, then the Subgrantee must provide notification to individuals
pursuant to Civil Code section 1798.82.
f). The Subgrantee shall provide for the management and control of physical access to information
assets (including personal computer systems, computer terminals, mobile computing devices,
and various electronic storage media) used in performance of this Subgrant. This shall include,
but is not limited to, security measures to physically protect data, systems, and workstations
from unauthorized access and malicious activity; the prevention, detection, and suppression of
fires; and the prevention, detection, and minimization of water damage.
g). At no time will confidential data obtained pursuant to this agreement be placed on a mobile
computing device, or on any form of removable electronic storage media of any kind unless the
data are fully encrypted.
h). Each party shall provide its employees with access to confidential information with written
instructions fully disclosing and explaining the penalties for unauthorized use or disclosure
of confidential information found in section 1798.55 of the Civil Code, section 502 of
the Penal Code, section 2111 of the Unemployment Insurance Code, section 10850 of the Welfare
and Institutions Code and other applicable local, state and federal laws.
i). Each party shall (where it is appropriate) store and process information in electronic.
format, in such a way that unauthorized persons cannot reasonably retrieve the information
by means of a computer.
j). Each party shall promptly return to the other party confidential information when its use
ends, or destroy the confidential information utilizing an approved method of destroying
confidential information: shredding, burning, or certified or witnessed destruction.
Magnetic media are to be degaussed or returned to the other party.
55C-17
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 13 of 14
SUBGRANT NO: R970558
MODIFICATION NO: NEW
k). If the Subgrantor or Subgrantee enters into an agreement with a third party to provide WIA
services, the Subgrantor or Subgrantee agrees to include these data and security and
confidentiality requirements in the agreement with that third party. In no event shall said
information be disclosed to any individual outside of that third party's authorized staff,
subcontractor(s), service providers, or employees.
1). The Subgrantee may, in its 'operation of the One-Stops, permit a One-Stop Operator to enter
into a subcontract to manage confidential information. This subcontract may allow an
individual to register for resume-distribution services at the same time the individual
enrolls in Ca1JOBS. Subgrantee shall ensure that all such subcontracts comply with the
intellectual property requirements of paragraph 19 of this Subgrant, the confidentiality
requirements of paragraph 20 of this Subgrant and any other terms of this Subgrant that
may be applicable. In addition, the following requirements must be included in the
subcontracts:
(1) All client information submitted over the Internet to the subcontractor's databases
must be protected, at a minimum, by 128-bit Secure Socket Layer (SSL) encryption.
Clients' social security numbers must be stored in a separate database within the
subcontractor's network of servers, and protected by a firewall and a secondary
database server firewall or AES data encryption. If a subcontractor receives client
social security numbers or other confidential information in the course of business,
for example a resume-distribution service that provides enrollment in Ca1JOBS, social
security numbers must be destroyed within two days after the client registers for
Ca1JOBS. If a subcontractor obtains confidential information as an agent of the
subgrantee, the subcontract must specifically state the purpose for the data collection
and the term of records retention must be stated, and directly related, to the purpose
and use of the information. In accordance wiht 29 Code of Federal Regulations 97.42,
social security numbers and other client specific information shall not be retained for
more than three years after a client completes services. The subgrantee should extend
this period, only if any litigation, claim, negotiation, audit, or other action
involving the records has been started before the end of the the three-year retention
period.- In this case the records should be maintained until completion of the action
and resolution of all issues arising fron it, or until the close of the three-year
retention period, whichever is later. (29 CFR sec. 97.42 (b)(2).)
(2) Client information (personal information that identifies a client such as name and
social security number) and/or demographic information of a client (such as wage
history, address, and previous employment) shall not be used as a basis for commercial
solicitation during the time the client or agency ie using the subcontractor's services.
Client information and/or demographic information shall not be used for any purposes
other than those specific program purposes set forth in the subcontract.
(3) A One-Stop client must still be given the option to use the One-Stop's services,
including Ca1JOBS, even if he or she chooses not to use any services of the
subcontractor. This option shall be prominently, clearly, and immediately communicated
to the client upon registration within the One-Stop or for Ca1JOBS, the subcontractor's
resume-distribution aervicea, or any other services subcontractor offers to the client
or the One-Stop Operator.
(4) The subcontractor must clearly disclose all of its potential and intended uses of
the client's personal and/or demographic information for the aervicea the clients
seeks and for any other services the subcontractor offers. The subcontractor shall
not use a client's personal and/or demographic information without the client's
prior permission. A link to the aubcontractoz's Privacy Policy shall appear prominently
on the registration screens that list the potential and intended uses of the client's
personal and/or demographic information.
(5) When the Subgrantor modifies State automated systems such as the State Ca1JO8S System,
it shall provide reasonable notice of such changes to the Subgrantee. The Subgrantee
shall be responsible to communicate such changes to the One-Stop Operator(s) in the
local area.
m). Each party shall designate an employee who shall be responsible for overall security and
confidentiality of its data and information systems and each party shall notify the other
of any changes in that designation. As of this date, the following are those individuals:
FOR THE SUBGRANTOR
Name: Elizabeth J. Clingman
Title: Section Manager
Address: P.O. Box 826880, MIC 69
Sacramento, CA 94280-0001
Telephone: (916) 654-9699
Fax: (916) 654-9586
,
55C-18
WIA SUBGRANT AGREEMENT
Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 14 of 14
BUBGRANT NO: R970558
MODIFICATION NO: NEW
FOR THE SUBGRANTEE
Name: Frari L. Jut2i
Title: Workforce Sppecialist IV
Telephone:714-565-26Z 1
Fax: 714-835-7330
21. Signatures
This subgrant agreement is of no force and effect until signed by both of the parties hereto.
Subgrantee will not commence performance prior to the beginning of this subgrant agreement.
Revised October 2007
55C-19
EXHIBIT COVER SHEET
SUBGRANT N0: R970558 EXHIBIT DD
MODIFICATION NO: OD Page 1 OF 1
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA TITLE I YOUTH FORMULA 301
TERM OF THESE FUNDS: 04/01/2008 TO: 06/30/2010
_ _ _ -----
Uae of funds added by this modification is limited to this period and
additionally limited by the recapture provisions applicable to this
funding source. The state may at its discretion recapture funds obligated
under this exhibit, if expenditure plane are not being met.
--------------------------------------------------------------------
PROGRAM NARRATIVE
The purpose of this action is to initiate this Local
Workforce Investment Areas {LWIA) new Program Year (PY)
2008-09 Workforce Investment Act (WIA) Title I subgrant
agreement and to incorporate WIA Youth formula funding into
Grant Code (GC) 301. The amount in GC 301 represents this
LWIAs entire Youth formula allocation for PY 2008-09. The
allocation provided has been adjusted for the Federal
requirement to rescind 1.7473 of the PY 2008-09 Youth
funds. The term dates for these funds is April 1, 2008 to
June 30, 2010.
The LWIA will operate the WIA program in accordance with
the approved Workforce Investment Plan on file in the
Workforce Services Division of the Employment Development
Department, P.O. Box 826880, MIC 50, Sacramento, CA
92480-0001.
This exhibit aaa8 to and ages not replace the terms and conditions of any other exhibit
included in this agreement which terms and conditions remain in full force and effect.
-------------------------------------------------------------------------
WIA (3/2000)
55C-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUN$ 2, 2008
TITLE:
R$30LUTION AUTHORIZING
APPLICATIONS FOR STATL GRANT
FUNDS FOR U38D OIL PROGRAMS
.. -
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
CITY I~AANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing applications for State Grant funds to
support the City's used oil recycling programs.
DlscUSSION
The California Oil Recycling Act of 1991 provides grant funding for
programs that encourage and enhance the proper collection and recycling
of used oil. The California Integrated Waste Management Board is
responsible for administration of these grant programs.
For the past thirteen years the City has been awarded grant monies to
establish and maintain certified collection centers in the community, a
curbside collection program and a used filter collection program. These
programs have been successful and through them the City has collected
116,729 gallons of used oil and 30,651 used filters.
To apply for future grants, a resolution is needed approving the City's
applications for State grant funds. The resolution will authorize grant
applications through the year 2013 and will authorize the Executive
Director of Public Works to execute the necessary applications and
associated agreements.
SNVIRONM]3NTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jamey G. Ross
Executive Director
Public Works Agency 55 D '1
RESOLUTION NO.2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING APPLICATIONS FOR ALL
AVAILABLE GRANTS UNDER THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT ACT
BE TT 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,
detemunes and declares as follows:
A. The people of the State of California have enacted the California Oil Recycling
Enhancement Act that provides funds to cities and counties for establishing and
maintaining local used oil collection programs that encourage recycling or appropriate
disposal of used oil.
B. The California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the State, setting up
necessary procedures governing application by cities and counties under the program.
C. The applicant will enter into an agreement with the State of California for
development of each project.
Section 2. The City Council of the City of Santa Ana hereby:
A. Authorizes the submittal of grant applications to the California Integrated Waste
Management Boazd for all available grants under the California Oil Recycling
Enhancement Act for the period extending through June 30, 2013.
B. Appoints the Executive Director of Public Works, or his designee, as agent for the
City of Santa Ana to conduct all negotiations execute and submit all documents
including, but not limited to applications, agreements, amendments, payment requests
and so on, which maybe necessary for the completion of the aforementioned grant
projects.
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 the
Resolution.
ADOPTED this day of , 2008
Miguel A. Pulido
Mayor
55D-2
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheerly
Assistant City Attorney
AYES: Councihnembers
NOES: Councihnembers
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
55D-3
55D-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
J[TNE 2 , 2008
TITLE:
RESOLUTION ESTABLISHING A CODE OF
ETHICS AND CONDUCT FOR ELECTED
OFFICIALS AND MEMBERS OF APPOINTED
BOARDS, COMMISSIONS, AND
COMMITTEE
=~_
CI 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
As recommended by the Ad Hoc Committee on Ethics Review:
1. Adopt a resolution establishing a Code of Ethics and Conduct
for elected officials and members of appointed boards,
commissions, and committees.
2. Direct the City Attorney and the Clerk of the Council to
develop the appropriate procedures for ensuring that all
current elected and appointed officials receive a copy and
certify that their duties will be conducted in accordance
with the provisions in the Code of Ethics and Conduct, and
are provided the necessary training clarifying the
provisions and application of the code.
DISCUSSION
On February 5, 2008, Measure D was approved by the voters of the
City of Santa Ana. This measure added Section 401.05 to the City
Charter and requires the adoption of a Code of Ethics and Conduct
for elected officials and members of appointed boards,
commissions and committees within six months of the effective
date of Charter Section 401.05. Adoption of a Code of Ethics and
Conduct on or before September 5, 2008, would comply with these
provisions.
55E-1
Report of Ad Hoc Committee
on Ethics Review
June 2, 2008
Page 2
The Code of Ethics and Conduct is intended to provide high
standards of conduct for all elected officials and members of
appointed boards, commissions, and committees and also to
increase public confidence in City government.
Following the Secretary of State's acceptance of the Charter
amendments on March 5, 2008, an Ad Hoc Committee was formed to
develop and present a Code of Ethics and Conduct for the
Council's consideration. The Ad Hoc Committee invited JoAnne
Speers, Executive Director, Institute for Local Government, to
advise them on approaches to develop the required code.
Ad Hoc Committee members also attended work study sessions of the
various boards or commissions to seek their input on core values
to be considered for inclusion in a code of ethics tailored for
Santa Ana. A City Council work study session was held on May 19,
2008 to hear public and City Council comments related to the
code.
The Code of Ethics and Conduct, referenced as Exhibit 1 in the
subject resolution, identifies five core values including
integrity/honesty, responsibility/protecting the public's
interests, fairness/accountability, respect for fellow elected or
appointed officials, staff, and the public, and, proper and
efficient use of public resources.
In addition to the core values the committee is recommending
several expressions of behavior that typify the values. Elected
and appointed officials of the City will be asked to certify that
they have received a copy of the Code of Ethics and Conduct and
that they will conduct their duties in accordance with the
provisions in the code.
FISCAL IMPACT
There is no fiscal impact assoc
Patricia Healy-~V-
Clerk of the Council
55E-2
05/28/08 jxs
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A CODE OF ETHICS AND
CONDUCT FOR ELECTED OFFICIALS AND MEMBERS OF
APPOINTED BOARDS, COMMISSIONS AND COMMITTEES
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 ("Council")
hereby finds, determines and declares as follows:
A. On February 5, 2008, Measure D was approved by the voters of the
City of Santa Ana, thereby adding Section 401.05 to the City of
Santa Ana City Charter.
B. Charter Section 401.05 requires the adoption of a Code of Ethics
and Conduct for elected officials and members of appointed
boards, commissions and committees within six months of the
effective date of Charter Section 401.05.
C. Adoption of a Code of Ethics and Conduct on or before September
5, 2008, would comply with these provisions.
D. On March 3, 2008, the City Council approved the formation of a
three member ad hoc committee to meet, develop and present a
Code of Ethics and Conduct for City Council consideration.
E. The Code of Ethics and Conduct is intended to provide high
standards of conduct for all elected officials and members of
appointed boards, commissions, and committees.
F. The Code of Ethics and Conduct is intended to increase public
confidence in City Government.
G. The Code of Ethics and Conduct is intended to assist elected and
appointed officials with decision-making.
H. The Code of Ethics and Conduct represents a commitment by
Santa Ana public officials to uphold a standard of integrity above
and beyond that required by law.
1
55E-3
05/28/08 jxs
I. The ad hoc committee and staff have made presentations to all of
the City Boards and Commissions to explain the purpose of the
Code of Ethics and Conduct and to seek their input on the Code.
J. The City Council conducted a work study session on May 19, 2008
and heard public testimony related to the Code of Ethics and
Conduct at its May 19 and June 2 City Council meetings.
Section 2: The City Council hereby approves the Code of Ethics
and Conduct attached hereto as Exhibit 1.
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 Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Jose Sandoval
Senior Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
2
55E-4
05/28/08 jxs
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
3
55E-5
05/28/08 jxs
__ _____
CITY OF SANTA ANA
CODE OF ETHICS AND CONDUCT
APPROVED JUNE , 2008
The people of the City of Santa Ana, at an election held on February 5,
2008, approved an amendment to the City Charter of the City of Santa Ana which
states: "The City of Santa Ana shall adopt a Code of Ethics and Conduct for
elected officials and members of appointed boards, commissions, and
committees to assure public confidence in the integrity of local government
elected and appointed officials." Consistent with the vote of the people, the
following Code of Ethics and Conduct is hereby adopted by the City of Santa Ana
to ensure effective and fair operation of the local government of the City of Santa
Ana.
PREAMBLE
It is the intent of this code to achieve fair, ethical, and accountable local
government for the City of Santa Ana. The people of Santa Ana expect public
officials, both elected and appointed, to comply with both the letter and the spirit
of the laws of the State of California, the United States of America, and the
Charter, Municipal Code, and established policies of the City of Santa Ana
affecting the operations of local government. In addition, public officials are
expected to comply with the provisions of this Code of Ethics and Conduct
established pursuant to the expressed will of the people. All persons covered by
this code will aspire to meet the highest ethical standards in the conduct of their
responsibility as an elected or appointed official of the City of Santa Ana.
This code addresses various aspects related to the governance of the City
of Santa Ana and supplements, but does not supplant other laws and rules that
prescribe the legal responsibilities of City officials. These include, but are not
limited to, the Federal and State Constitutions, various provisions of the
California Government Code (such as the Brown Act and the Political Reform
Act), the Labor Code, laws prohibiting discrimination and harassment, and the
City of Santa Ana Charter and Municipal Code. Elected and appointed officials
are expected to be familiar with these laws to ensure that they exercise their
public responsibilities in a proper fashion. This code is not designed to be used
as a tool to remove appointed officials, as the City Council retains the right under
the Charter and Municipal Code to remove appointed officials in accordance with
those provisions.
4
55E-6
05/28/08 jxs
While it is not possible to anticipate and provide a rule of conduct and
ethics for all situations that public officials may face, this Code of Ethics and
Conduct is designed to provide a framework to guide public officials in their daily
duties.
SCOPE
The provisions of this Code of Ethics and Conduct shall apply to the
Mayor and members of the City Council, and to all members of the boards,
commissions, and committees appointed by the City Council or the Mayor or the
Mayor and City Council, including any ad hoc committees. Further, the provisions
of this Code of Ethics and Conduct shall only apply to these officials and
members acting in their official capacities and in the discharge of their duties.
CORE VALUES
Attitudes, words, and actions should demonstrate, support, and
reflect the following qualities and characteristics for the well being of our
community. The five core values and expressions that reflect these core values
are as follows:
INTEGRITY/ HONESTY
^ I am honest with my fellow elected officials, the public and others.
^ I do not promise what I believe to be unrealistic.
^ I am prepared to make unpopular decisions when my sense of the public's
best interests requires it.
^ I credit others' contributions to moving our community's interests forward.
^ I do not knowingly use false or inaccurate information to support my
position or views.
^ I safeguard the ability to make independent, objective, fair and impartial
judgments by scrupulously avoiding financial and social relationships and
transactions that may compromise, or give the appearance of
compromising, objectivity, independence, and honesty.
RESPONSIBILITY/PROTECTING THE PUBLIC'S INTERESTS
^ I do not accept gifts, services or other special considerations because of
my public position.
^ I excuse myself from participating in decisions when my or my immediate
family's financial interests may be affected by my agency's actions.
5
55E-7
05/28/08 jxs
I do not give special treatment or consideration to any individual or group
beyond that available to any other individual.
I refrain from disclosing confidential information concerning litigation,
personnel, property, or other affairs of the City, without proper legal
authority, nor use such information to advance my financial or other
personal interests.
FAIRNESS/ACCOUNTABILITY
^ I promote meaningful public involvement in the agency's decision-making
processes.
^ I treat all persons, claims and transactions in a fair and equitable manner;
I make decisions based on the merits of the issue.
^ If I receive substantive information that is relevant to a matter under
consideration from sources outside the public decision-making process, I
publicly share it with my fellow governing board members and staff.
^ I work to contribute to a strong organization that exemplifies transparency
and open communication.
RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF,
AND THE PUBLIC
^ I treat my fellow officials, staff and the public with patience, courtesy and
civility, even when we disagree on what is best for the community.
^ I work towards consensus building and gain value from diverse opinions.
^ I respect the distinction between the role of office holder and staff; I
involve staff in meetings with individuals, those with business before the
agency, officials from other agencies and legislators to ensure proper staff
support and to keep staff informed
^ I conduct myself in a courteous and respectful manner at all times during
the performance of my official City duties.
^ I encourage full participation of all persons and groups; I am aware and
observe important celebrations and events which reflect the values of our
diverse population.
PROPER AND EFFICIENT USE OF PUBLIC RESOURCES
I do not use public resources, such as agency staff time, equipment,
supplies or facilities, for private gain or personal purposes.
I make decisions after prudent consideration of their financial impact,
taking into account the long-term financial needs of the agency, especially
its financial stability.
I demonstrate concern for the proper use of agency assets (such as
personnel, time, property, equipment, funds) and follow established
procedures.
6
55E-8
05/28/08 jxs
^ I am a prudent steward of public resources and actively consider the
impact of my decisions on the financial and social stability of the City and
its residents.
IV.
IMPLEMENTATION AND ENFORCEMENT
City of Santa Ana elected and appointed officials of the various
boards, commissions and committees have the primary responsibility to assure
that ethical standards are understood and met, and that the public can continue
to have full confidence in the integrity of government. This code of ethics will be
most effective when the elected and appointed officials are thoroughly familiar
with it and embrace its provisions.
Upon adoption of this code, all current elected or appointed officials
shall be given a copy of the code and asked to affirm in writing that they have
received the code, understand its provisions, and pledge to conduct themselves
by the code. All new members of the City Council, upon election or reelection,
and members of boards, commissions, and committees appointed by the City
Council, upon appointment or reappointment, shall be given a copy of the code
and are required to affirm in writing they have received the code and understand
its provisions, and pledge to conduct themselves by the code. (See Attachment)
Additionally, all members of the City Council, boards, commissions, and
committees, as part of their AB1234 training, shall be provided additional training
clarifying the provisions and application of this code. The City Attorney, or
his/her designee, shall serve as a resource person to those persons covered by
the code to assist them in determination of appropriate actions consistent with
the code.
A periodic review of the code shall be conducted to ensure that the
code is an effective and vital document.
This Code of Conduct is intended to be a reflection of the
community's values as articulated by the Mayor and City Council as they
represent the will of the people of the City of Santa Ana.
7
55E-9
05/28/08 jxs
ATTACHMENT
CERTIFICATION
As an elected or appointed official of the City of Santa Ana, California, I herein
certify that I have received a copy of the Code of Ethics and Conduct of the City
of Santa Ana, have been offered training and assistance in understanding this
code, and am aware of the provisions of the code and its application to my
responsibilities. Consistent with the code, I pledge the following in the conduct of
my duties.
INTEGRITY/ HONESTY
^ I am honest with my fellow elected officials, the public and others.
^ I do not promise what I believe to be unrealistic.
^ I am prepared to make unpopular decisions when my sense of the public's
best interests requires it.
^ I credit others' contributions to moving our community's interests forward.
^ I do not knowingly use false or inaccurate information to support my
position or views.
^ I safeguard the ability to make independent, objective, fair and impartial
judgments by scrupulously avoiding financial and social relationships and
transactions that may compromise, or give the appearance of
compromising, objectivity, independence, and honesty.
RESPONSIBILITY/PROTECTING THE PUBLIC'S INTERESTS
^ I do not accept gifts, services or other special considerations because of
my public position.
^ I excuse myself from participating in decisions when my or my family's
financial interests may be affected by my agency's actions.
^ I do not give special treatment or consideration to any individual or group
beyond that available to any other individual.
^ I refrain from disclosing confidential information concerning litigation,
personnel, property, or other affairs of the City, without proper legal
authority, nor use such information to advance my financial or other
personal interests.
FAIRNESS/ACCOUNTABILITY
^ I promote meaningful public involvement in the agency's decision-making
processes.
^ I treat all persons, claims and transactions in a fair and equitable manner;
I make decisions based on the merits of the issue.
8
55E-10
05/28/08 jxs
^ If I receive substantive information that is relevant to a matter under
consideration from sources outside the public decision-making process, I
publicly share it with my fellow governing board members and staff.
^ I work to contribute to a strong organization that exemplifies transparency
and open communication.
RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF,
AND THE PUBLIC
^ I treat my fellow officials, staff and the public with patience, courtesy and
civility, even when we disagree on what is best for the community.
^ I work towards consensus building and gain value from diverse opinions.
^ I respect the distinction between the role of office holder and staff; I
involve staff in meetings with individuals, those with business before the
agency, officials from other agencies and legislators to ensure proper staff
support and to keep staff informed
^ I conduct myself in a courteous and respectful manner at all times during
the performance of my official City duties.
^ I encourage full participation of all persons and groups; I am aware and
observe important celebrations and events which reflect the values of our
diverse population.
PROPER AND EFFICIENT USE OF PUBLIC RESOURCES
^ I do not use public resources, such as agency staff time, equipment,
supplies or facilities, for private gain or personal purposes.
^ I make decisions after prudent consideration of their financial impact,
taking into account the long-term financial needs of the agency, especially
its financial stability.
^ I demonstrate concern for the proper use of agency assets (such as
personnel, time, property, equipment, funds) and follow established
procedures.
^ I am a prudent steward of public resources and actively consider the
impact of my decisions on the financial and social stability of the City and
its residents.
Signed this day of ,2008
Name:
Office
9
55E-11
55E-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
J~ine 2, 2008
TITLE:
PUBLIC HEARING - FISCAL YEAR
2008-09 CITY BUDGET
CITY NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1g` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance appropriating monies for the fiscal year commencing
July 1, 2008.
2. Adopt a resolution amending resolution numbers 82-110, 91-066 and
96-095 to effect certain changes to the City's basic classification
and compensation plans.
DISCUSSION
The 2008-09 fiscal year budget fulfills the City's purpose of providing
quality service to enhance the safety, livability and prosperity of our
community. In addition, this budget emphasizes four City Council focused
priorities: enhance public safety, improve transportation infrastructure,
complete minor deferred maintenance projects in parks, and ensure the
City's long-term financial stability. The provision of quality customer
service and sound internal systems continue to serve as internal
priorities. The total annual proposed budget for fiscal year 2008-09 is
$583,029,740.
Included in the $583,029,740 is a capital projects budget of $99.4
million, primarily funded through grants; refuse, sewer, water and
sanitation budgets totaling $81.8 million; a housing assistance budget of
$33.4 million; a redevelopment agency budget of $74.2 million; CDBG and
other grants totaling $13.4 million; interfund transfers across all funds
in the amount of $13.2; special revenue funds amounting to $22.7 million
and a general fund budget of $244.7 million.
The proposed budget maintains all of the City's general fund services at
current levels, including those which were added or expanded last year,
such as recreation programming for youth, expanded library services, and
the second Street Terrorist Offender Program (STOP) Team, which is having
75A-1
Public Hearing
Fiscal Year 2008-09 City Budget
June 2, 2008
a significant and positive impact on the incidence of serious crime in
the community. In addition, the budget includes funding for one of the
largest Capital Improvement Programs in the City's history, anchored by
Project Restore, the City's plan to invest $100 million in residential
streets over the next five years.
With regard to workforce changes, two vacant, funded positions will be
deleted from the Finance and Management Services budget. The proposed
budget also includes the addition of one UASI grant funded Principal
Management Analyst, to redeploy one sworn Police Sergeant from a grant
administrative assignment to the field to enhance public safety. Five
part-time civil service 30 hour/week positions are being added to the
Library to facilitate the hiring of college students in the capacity of
Assistant Librarian and Library Technicians.
The proposed resolution amends prior resolutions by adding classification
titles and 6-step salary rate ranges; addition of part-time
classifications with salary ranges; and the designation of new
classification titles which include Facilities Maintenance
Superintendent, Applications/Tech Support Manager and a variety of Water
Services positions.
FISCAL IMPACT
With approval of the proposed budget, $583,029,740 will be appropriated
to the City's various funds, departments, programs and enterprise
activities. Of that amount $244,714,180 will be appropriated to the
various general fund operating departments, including redevelopment
agency pass-throughs of $5,838,740.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~-~ .~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
75A-2
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROPRIATING MONIES TO THE SEVERAL
OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY
FOR THE FISCAL YEAR COMMENCING JULY 1, 2008
~Iss04/18/08
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Santa Ana hereby, finds,
determines and declares as follows:
A. The City Manager has prepared and submitted to this Council,
pursuant to the provisions of Section 605 of the City Charter, a proposed
budget for expenditures for the fiscal year commencing July 1, 2008,
together with his budget letter dated May 19, 2008.
B. In accordance with Section 606 of the City Charter, a public hearing
has been held upon the said proposed budget of expenditures after notice of
such public hearing had been published in the manner prescribed in said
Section 606 of the City Charter.
C. The proposed budget of expenditures duly submitted and considered
as hereinbefore stated, together with any supplemental revisions and
amendments thereto, was approved, adopted and fixed by the Council as
the annual budget of the City for the fiscal year commencing July 1, 2008, in
the amounts and for the funds, purposes, functions, department activities
and programs as therein set forth. Said adopted budget, including said
supplemental revisions and amendments, together with a copy of this
appropriation ordinance, shall be placed in the official files of the Clerk of the
Council.
SECTION 2: There are hereby appropriated to the several offices,
agencies, and departments of the City, being the respective objects and purposes
specified in that certain document entitled "City of Santa Ana Annual Budget 2008-2009,"
a copy of which is on file in the Office of the Clerk of the Council, out of the various funds
of the City, for fiscal year 2008-2009, the several amounts stated as proposed
expenditures from said funds, respectively, in those columns of said Budget that are
headed "Approved Budget 08-09." Each aggregate of expenditures so specified in said
Budget for said fiscal year for each program shall be deemed to be an appropriation for a
single object and purpose within the meaning of Section 609 of the Charter, except that as
to any office, department, or agency of the City for which more than one program is
75A-3
designated in Section 2 (General Fund Operating Budget) of the said Budget, the
aggregate expenditure authorized for all programs in said Section 2 of each such office,
department, or agency shall be deemed to be an appropriation for a single object and
purpose within the meaning of Charter section 609.
SECTION 3: The appropriations hereby made shall constitute the maximum
expenditures authorized for the several offices, agencies, and departments opposite which
the amounts of such appropriations are shown in such Budget.
SECTION 4: No warrant shall be issued or indebtedness incurred for any
purpose which exceeds the unexpended balance of the appropriations established by this
ordinance, unless such appropriation shall have been amended or supplemented by the
City Council in the manner set forth in Section 609 of the Charter. The City Manager is
hereby authorized to make revisions between the items included within any such
appropriation if, in his opinion, such revisions are necessary and proper.
SECTION 5: The Executive Director of Finance and Management Services
is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in
said Budget in such amounts and at such times during the fiscal year as he may determine
necessary to the competent operation and control of City business, except that no such
transfer shall be made in contravention of State law or City ordinance or exceed in total the
amount stated herein or as amended by the City Council.
SECTION 6: One certified copy of this appropriation ordinance together with
a certified copy of each amendment thereto shall be transmitted by the Clerk of the
Council to the Executive Director of Finance and Management Services.
SECTION 7: Upon and from the effective date of this ordinance,
expenditures of monies appropriated hereby are authorized beginning July 1, 2008.
SECTION 8: The Clerk of the Council shall cause the title of this ordinance
to be published as required by law.
SECTION 9: All presently applicable documentation pertaining to the
number, titles, qualifications, powers, duties, or compensation of officers or employees of
the City, which has been previously approved by resolution or order of the City Council
and which is currently on file with the Executive Director of Personnel Services is
incorporated herein and is hereby approved. The City Manager is authorized to create,
alter, or abolish any position of employment, or the number, title, qualifications, powers,
duties, or compensation thereof, when such action is appropriate to promote the efficiency
of the City administrative organization; provided, however, that no such action shall be
effective unless and until approved by resolution or order of the City Council.
2
7 5A-4
ADOPTED this day of June, 2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura 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 Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
3
75A-5
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066
AND 96-095 TO EFFECT CERTAIN CHANGES TO THE
CITY'S BASIC CLASSIFICATION AND COMPENSATION
PLANS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On August 2, 1982, the City Council passed and adopted Resolution No.
82-110 revising and re-establishing the Basic Classification and
Compensation Plan for Officers and Employees of the City of Santa Ana.
C. On July 1, 1991, the City Council passed and adopted Resolution No. 91-
066, re-establishing the Basic Classification and Compensation Plan for
classifications of employment designated as unrepresented Executive
Management (EM) and Middle Management (MM); and on November 18,
1996, the City Council passed and adopted Resolution No. 96-095,
establishing the Basic Classification and Compensation Plan for
unrepresented classes of employment designated as Administrative
Management (AM).
D. With the adoption of the Annual Budget for Fiscal Year 2008-2009, the
City Council authorized certain organizational, staffing, and compensation
changes which affect a number of classification titles in the City's Basic
Classification and Compensation Plans.
E. It is now desired to amend Council Resolution Nos. 82-110, 91-066 and
96-095 to effect these changes.
Section 2: That Section 3 Assignment of Classes of Employment To Salary
Rate Ranges of Resolution No. 82-110, as amended, be further amended by adding, in
alphabetical sequence, the following classifications to the salary rate ranges, on the
effective dates, as next hereinafter set out:
75A-6
6-Stec Salary Rate Range (AA-E) Effective:
Classification Title
Equipment Operator -Water Services
Water Services Crew Leader
Water Services Meter Repairer I
Water Services Meter Repairer II
Water Services Quality Coordinator
Water Services Quality Inspector
Water Services Quality Supervisor
Water Services Supervisor
Water Services Utility Inspector
Water Services Worker I
Water Services Worker II
7/1 /08 Mo. $min-max 1 /1 /09 7/1 /09 1 /1 /10
597 $3841-$4906 602 610 615
617 $4236-$5408 622 630 635
576 $3467-$4426 581 589 594
596 $3822-$4882 601 609 614
668 $5434-$6937 673 681 686
628 $4470-$5706 633 641 646
648 $4930-$6291 653 661 666
648 $4930-$6291 653 661 666
628 $4470-$5706 633 641 646
551 $3067-$3915 556 564 569
571 $3381-$4317 576 584 589
Section 3: That Section 3B Middle Management Classifications of Resolution
No. 91-066, as amended, be further amended by:
A. Adding, in alphabetical sequence, the following classification at the fifteen-
step salary rate range effective 7/01/08:
15-Step Salary Rate Range (SRR) Effective 7/01/08*
Monthly Salary
Classification Title SRR Minimum -Maximum
Facilities Maintenance Superintendent (MM) MM-18 $6731 - $9511
6. Designating the newly created classification title of Facilities Maintenance
Superintendent as Middle Management by assigning the parenthetical identifier "(MM)"
after this classification title.
* Base salary will be increased by approximately: two and one-half percent (2.5%)
effective 1/1/09; four percent (4%) effective 7/1/09; two and one-half percent (2.5%)
effective 1/1/10, per agreement between City Council and Middle Management
classifications represented by the Santa Ana Management Association (SAMA).
Section 4: That Section 3 Designation of Administrative Management Classes
and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96-095,
as amended, be further amended by:
A. Adding, in alphabetical sequence, the following classification at the five-
step salary rate range effective 7/01/08:
5-Step Salary Rate Range (SRR) Effective 7/01/08**
Monthly Salary
Classification Title SRR Minimum -Maximum
Applications/Tech Support Manager (AM) AM764 $8683 - $10,558
75A-7
B. Designating the newly created classification title of Applications/Tech
Support Manager as Administrative Management by assigning the parenthetical
identifier "(AM)" after this classification title.
** Base salary will be increased by approximately: two and one-half percent (2.5%)
effective 1/1/09; four percent (4%) effective 7/1/09; two and one-half percent (2.5%)
effective 1/1/10, per agreement between City Council and Administrative
Management classifications represented by the Santa Ana Management Association
(SAMA).
Section 5: That except as amended by this Resolution, all other provisions of
Resolution Nos. 82-110, 91-066 and 96-095, as amended, shall remain in full force and
effect.
Section 6: That except as stated otherwise above, this Resolution shall be
operative from and after July 1, 2008.
ADOPTED this day of , 2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
75A-8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY,
Resolution No. 2008-_
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Clerk of the Council, do hereby attest to and certify the attached
_ to be the original resolution adopted by the City Council of the
75A-9
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
June 2, 2008
TITLE:
FISCAL YEAR 2008-09 MISCELLANEOUS FEE
RESOLUTION
/p~ ~.
l.~ CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution establishing the 2008-09 Schedule of Uniform Fees for
Miscellaneous Services.
DISCUSSION
The Miscellaneous Fee Resolution is comprised of various fees associated
with city services, building fees and enterprise fees. These fees
generate revenue for the General, Internal and Enterprise Funds.
Annually, the fees and services associated with the Miscellaneous Fee
Resolution are reviewed and adjusted to reflect the costs of providing
these services. The FY 2008-09 Miscellaneous Fee Resolution represents
these adjustments.
The FY 2008-2009 Miscellaneous Fee Schedule includes the establishment of
eleven new fees. These include fees for Eddie West stadium advertising
and graphics operator, Santa Anita Soccer program, Santiago Wildlife and
watershed facilities, paramedic service medical supplies and personnel
use in transport, color reprographics, check stop payment/reissue,
Utility Users Tax (Max Tax) refund processing, abstracts for parking
violations and citation cancellation processing.
FISCAL IMPACT
It is estimated that the proposed fee schedule will generate an
additional $1.6 million in general, internal and enterprise fund revenue.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
75A-10
Iss05/27/08
RESOLUTION NO.2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF
MISCELLANEOUS FEES FOR FISCAL YEAR 2008-2009
AND REPEALING IN PART RESOLUTION NO. 2007-046
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby, finds, determines and declares as follows:
A. Each year, for the convenience of the public the City Council gathers in a
single document a comprehensive listing of fees and service charges imposed by the
City upon that limited number of persons seeking services of value from the City, For
the public's convenience, various rates charged for City commodities, such as the water
rate, are also included in this document.
B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal
Year 2008-2009 and is attached to this resolution and made a part hereof by this
reference.
C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year
2008-2009, the various agencies of the City have analyzed the cost to administer the
various programs, activities and applications for which the City charges, fees or service
charges.
D. In a few, limited circumstances, agencies have determined that the cost to
the City to process or undertake the services set forth in the Miscellaneous Fee
Schedule has increased over the prior fiscal year by approximately 4.1 %, so that certain
proposed fees for Fiscal Year 2007-2008 have been increased by this percentage, or by
this amount rounded. This percentage reflects the change in the Consumers Price
Index-Urban, All Services Component, for the Los Angeles-Riverside-Orange County
area in a twelve month period ending December 31, 2007 (CPI).
E. The Council finds that the cost of providing the services set forth in the
Miscellaneous Fee Schedule has risen by 4.1 % and that this reflects the cost of
administering certain programs, activities or applications for which the City levies
charges, fees or service charges. Such 4.1 % increase does not exceed the City's
estimated reasonable cost to provide the pertinent service, process the specified
application or administer the certain program for which the charge, fee or service charge
is imposed.
75A-11
F. Similarly, in a few limited circumstances, new charges have been added
or existing charges raised beyond this 4.1 % cost of providing services. In each of these
cases, the Council further finds, determines and declares that such new or increased
charges, fees or service charges do not exceed the City's estimated reasonable cost to
provide the pertinent service, process the specified application or administer the certain
program for which the charge, fee or service charge is imposed.
G. In order to have a single comprehensive document for Fiscal Year 2008 -
2009, the majority of fees which are unchanged have simply been reprinted in the
Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to
repeal previously adopted fees and adopt new fees of exactly the same amount, but is
simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be
a comprehensive source of City fees and service charges.
H. Based upon the testimony, reports and other evidence submitted on these
matters, this City Council makes the above-specified findings.
Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2008-2009 is
hereby adopted. Each fee or service charge set forth shall be levied until further
resolution of this Council.
Section 3: To the extent that any fee or service charge established pursuant to
City Resolution No. 2007-046 is inconsistent with the fees or service charges
established pursuant to this Resolution, then said Resolution No. 2007-046 is hereby
repealed.
Section 4: If any charge, fee, service charge, section, subsection, sentence,
clause, phrase or word of this Resolution is for any reason held to be invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council hereby declares that it would have passed
and adopted this Resolution, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared invalid.
Section 5: That this Resolution shall be operative from and after July 1, 2008.
ADOPTED this day of June, 2008.
Miguel A. Pulido
Mayor
75A-12
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Bv:
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY,
Resolution No.
the City of Santa Ana on
Date:
Clerk of Council, do hereby attest to and certify the attached
to be the original resolution adopted by the City Council of
Clerk of Council
City of Santa Ana
75A-13
75A-14
If you have any questions regarding the fees or rates in this document,
please contact the appropriate departmental representative listed below:
SECTION REPRESENTATIVE PHONE
All Departments Robert Cortez 647-5295
Clerk of the Council Pat Healy 647-6520
Finance & Management Services Christine Duarte 647-5440
Fire Department Bill Watson 647-5741
Police Department Lori Brown 245-8044
Public Works Agency Teri Cable 647-5658
Library Services Sylvia Cuevas 647-5254
Parks, Recreation & Community Services Robert Carroll 571-4218
Community Development Agency Nancy Edwards 667-2244
Planning & Building Agency Sue Barker 667-2707
If you have any questions regarding the Miscellaneous Fee Process, please contact Robert Cortez
at 647-5295 or a-mail BudgetDesk.
75A-15
TABLE OF CONTENTS
Section Department Page
I ALL DEPARTMENTS 1
II CLERK OF THE COUNCIL 5
III COMMUNITY DEVELOPMENT AGENCY 6
IV FINANCE & MANAGEMENT SERVICES 7
V LIBRARY 8
VI FIRE DEPARTMENT 10
VII POLICE DEPARTMENT 18
VIII PARKS, RECREATION & COMMUNITY SERVICES 26
IX PLANNING & BUILDING AGENCY 34
X PUBLIC WORKS AGENCY 58
Appendix Summary of New and Modified Fees 63
75A-16
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION I ALL DEPARTMENTS
Certification -Any Public Record Each 2.75 2.75
Certification (Excluding Public Records) Each 2.05 2.05
Copy of Public Records (from Paper, Fax, Microfilm, or Other Media)
In General (excluding Police Accident Reports)
Size up to 8 1/2" x 14" Each Page 0.20 0.20
Oversized (larger than 8 1/2" x 14") Each Page Actual Cost Actual Cost
Postage Charges Each Actual Cost Actual Cost
Subpoena Duces Tecum -same as above general fees plus the following:
Special reproduction chazges (if any) Each Actual Cost Actual Cost
Labor charges per person for locating and
preparing documents Hour 16.00 16.00
Quarter hour or
fraction thereof 4.00 4.00
Charges paid to a third person for retrieval and
return of records held by that third person Each Actual Cost Actual Cost
Witness Fees Per Day 151.00 151.00
Mileage Fees Each Applicable Cost Applicable Cost
NOTE: Copies of maps, documents, graphs, or special work may be furnished upon the payment of the cost of printing
and preparation. In cases where a regular established price is unavailable, the Department Head, in collaboration with
the Executive Director of Finance & Management Services, may establish a price consistent with the cost of printing and
preparation thereof. The Executive Director ojFinance & Management Services shall report such exceptions to the City
Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to
the City Council as required to keep rates consistent with costs. Government agencies and their offrcial representative(s)
shall be exempt from paying theses charges for single copies for official use.
Prepazation of Administrative Records
Deposit to be applied to copy chazges of
$0.20 per page. Flat Rate 105.00 105.00
Subscriptions
Agenda only:
Council Annual 72.00 72.00
Boazds/Commissions Annual 36.00 36.00
Minutes only:
Council Annua] 72.00 72.00
Boazds/Commissions Annual 36.00 36.00
Agenda & Minutes:
Council Annua] 144.00 144.00
Boazds/Commissions Annual 72.00 72.00
City Council Agenda and Minutes can be obtained at no charge from
the City's Internet website at wwwsanta-ana.ore
Santa Ana Municipal Code (SAMC) and Supplements
(order directly by calling Municipal Code Corporation at I-800-262-2633)
Council Chambers/Room 147
Rental Fee Per Hour 16.00 16.00
Security/Cleaning Deposit (Refundable) Deposit 103.00 103.00
1
75A-17
RESOLUTION 2008
DEPARTMENT/NIISCELLANEOUS FEE OR SERVICE
Buildine Rental Fees
Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and
fee schedule; and govemmenta] agencies (serving Santa Ana residents) for business meetings and programs.
Group 2 Resident not-for-profit civic, social, and religious organizations.
Group 3 Nonresident not-for-profit civic, social, and religious organizations.
Group 4 Resident commercial, business, and for-profit organizations.
Group 5 Nonresident commercial, business, and for-profit organizations.
Facili Grouu 1 Group 2 Group 3 Grouo 4 Group 5
Police Facility Community Room
Existing:
Up to 3 hours N/C 130.00 260.00 180.00 375.00
Each additional hour N/C 42.00 84.00 60.00 125.00
Cleaning Deposit
(maybe refundable) 200.00 200.00 200.00 200.00 200.00
Proposed:
Up to 3 hours N/C 135.00 270.00 187.00 390.00
Each additional hour N/C 43.00 87.00 62.00 130.00
Cleaning Deposit
(may be refundable) 208.00 208.00 208.00 208.00 208.00
The Depot Lobby
Existing:
Per Hour N/C 157.00 209.00 157.00 26L00
Lobby Cleaning Deposit 200.00 200.00 200.00 200.00 200.00
Proposed:
Per Hour N/C 163.00 217.00 163.00 271.00
Lobby Cleaning Deposit 200.00 200.00 200.00 200.00 200.00
The Depot Courtyazd
Existing:
Per Hour N/C 52.00 78.00 52.00 104.00
Courtyard Cleaning Deposit 100.00 100.00 100.00 100.00 100.00
Proposed:
Per Hour NC 54.00 81.00 54.00 108.00
Courtyazd Cleaning Deposit 100.00 100.00 100.00 100.00 100.00
The Depot Meeting Room
Existing:
Up to 3 Hours N/C 68.00 136.00 94.00 198.00
Each Add. Hour N/C 15.50 26.00 20.50 41.50
Proposed:
Up to 3 Hours N/C 70.00 141.00 97.00 205.00
Each Add. Hour N/C 16.00 27.00 21.00 43.00
Library Room Rental per Hour
Existing:
Meeting Room N/C 14.00 28.00 20.00 40.00
Kitchenette (Optional) N/C 7.00 14.00 10.00 15.00
Proposed:
Meeting Room N/C 15.00 29.00 21.00 42.00
Kitchenette (Optional) N/C 7.00 15.00 10.00 16.00
The Library has meeting rooms available for a fee at the Central Library and Newhope Libraries.
City-sponsored activities will receive bookingpriority. All events must be open to the generalpublic at no charge.
2
75A-1 8
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
Lawn Bowling Cluhhouse Existing: N/C 48.51 97.02 69.46 144.43
Proposed: N/C 50.50 101.00 72.50 150.50
Southwest Sr. Center
California Room Existing: N/C 86.55 144.98 97.02 173.64
Dining Room N/C 28.66 46.30 34.73 69.46
Kitchen N/C 23.15 34.73 28.66 46.30
Conference Room N/C 28.66 46.30 34.73 69.46
California Room Proposed: N/C 90.00 151.00 101.00 181.00
Dining Room N/C 30.00 48.00 36.00 72.50
Kitchen N/C 24.00 36.00 30.00 48.00
Conference Room N/C 30.00 48.00 36.00 72.50
Santa Ana Sr. Center
Main Room Existing: N/C 86.55 144.98 97.02 173.64
Dining Room N/C 28.66 46.30 34.73 69.46
Kitchen N/C 23.15 34.73 28.66 4630
Main Room Proposed: N/C 90.00 151.00 101.00 181.00
Dining Room N/C 30.00 48.00 36.00 72.50
Kitchen N/C 24.00 36.00 30.00 48.00
Salrado Community Center
Meeting Room A Existing: N/C 31.97 64.50 46.30 92.61
Meeting Room B N/C 15.99 31.98 23.15 46.31
Kitchen N/C 12.13 24.25 17.09 34.73
Gymnasium N/C 60.64 121.27 86.55 173.64
Meeting Room A Proposed: N/C 33.00 67.00 48.00 96.50
Meeting Room B N/C 16.50 33.00 24.00 48.00
Kitchen N/C 12.50 25.00 17.50 36.00
Gymnasium N/C 63.00 126.00 90.00 181.00
Jerome Recreation Center
Socia] Hali Existing: N/C 15.99 31.97 23.15 46.30
Class Room N/C 15.99 31.97 23.15 46.30
Gymnasium N/C 28.11 56.78 40.24 81.03
Kitchen N/C 12.13 24.25 17.09 34.73
Social Hall Proposed: N/C 16.50 33.00 24.00 48.00
Class Room N/C 16.50 33.00 24.00 48.00
Gymnasium N/C 29.00 59.00 42.00 84.50
Kitchen N/C 12.50 25.00 17.50 36.00
El Salvador Center
Social Hal] Existing: N/C 15.99 31.97 23.15 46.30
Class Room N/C 15.99 31.97 23.15 46.30
Kitchen N/C 12.13 24.25 17.09 34.73
Social Hall Proposed: N/C 16.50 33.00 24.00 48.00
Class Room N/C 16.50 33.00 24.00 48.00
Kitchen N/C 12.50 25.00 17.50 36.00
3
75A-19
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
Memorial Center
Soctal Hall Existing: N/C 15.99 31.97 23.15 4630
Class Room N/C 15.99 31.97 23.15 46.30
Social Hall Proposed: N/C 16.50 33.00 24.00 48.00
Class Room N/C 16.50 33.00 24.00 48.00
Loz Cabins Existing: N/C 8.1 l 15.99 11.58 17.09
Proposed:
Corbin Center (per room) Existing:
Proposed:
Hector Godinez Hirh School
Class Room Existing:
Meeting Room
Performing Arts Facility
Band Room
Gymnasium
Class Room Proposed:
Meeting Roam
Performing Arts Facility
Band Room
Gymnasium
See Section VIII for surcharges
Santiago Wildlife and Watershed Center
Class Room Existing:
Proposed:
Stadium Concession Buildine
Existing:
Proposed:
N/C 8.50 16.50 12.00 17.50
N/C 15.99 31.97 23.15 46.30
N/C 16.50 33.00 24.00 48.00
N/C 27.38 44.23 33.17 66.34
N/C 30.54 61.60 44.23 88.45
N/C 82.66 138.47 92.66 165.85
N/C 46.33 92.66 66.34 137.94
N/C 57.92 115.83 82.66 165.85
N/C 28.50 46.00 34.50 69.00
N/C 31.50 64.00 46.00 92.00
N/C 86.00 144.00 96.50 172.50
N/C 48.00 96.50 69.00 143.50
N/C 60.50 120.50 86.00 172.50
N/A N/A N/A N/A N/A
N/C 40.00 66.80 44.80 80.00
N/C 48.51 97.02 69.46 144.42
N/C 50.50 101.00 72.50 150.50
4
75A-20
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION II CLERK OF THE COUNCIL
5578 Initiative Petition
Pursuant to California Elections Code 9202(b) &
City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00
5578 Maps
City Precinct Maps
See Public Works Agency Geographical Information Systems (GIS) Maps
5578 Notification for New or Increased Taxes
Pursuant to Government Code Section 54954.6 (b) (I) Per Request 50.00 50.00
5578 City Charter
Over the Counter Per Unit 13.00 13.00
Mailed Requested Per Unit 16.00 16.00
5578 Copies of Council Minutes, Ordinances, Resolutions
Paper Copies including Fax Copies Each Page 0.20 0.20
Specially Reproduced Copies (e.g., floppy disks) Each Page Actual Cost Actual Cost
5578 Fair Political Practice Commission (FPPC) Statements
Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00
Copy Charge for Statements Per Record 0.10 0.10
5578 Tapes of Council Meetings
Audiotapes Per Meeting 36.00 36.00
Videotapes Per Meeting 36.00 36.00
DVD's Per Meeting 5.00 5.00
(order video tapes and DYD's directly by calling Parks, Recreation and Community Services at (714) 571-4200)
5578 Hearings
Chapter 3 Appeal Hearing
Deposit (Balance Refundable) Per Request 105.00 109.00
Processing Fee Per Request 36.00 37.00
Labor Charges Per Hour 36.00 37.00
75A-21
RESOLUTION 2008
REVENUE
ACCOUNT -
SECTION III
570-01-5630
401-01-5621
27-O1-5621
027-O1-5630
DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
COMMUNITY DEVELOPMENT AGENCY
Enterprize Zone Hiring Tax Credit Application Processing Fee
Density Bonus Setup Fee
Downtown Event Litter Control Deposit
Downtown Event Sidewalk Cleaning Fee
Downtown Skyline Banner Application and Installation Fee
Application Fee
Removal Fee
6
75A-22
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
Per Application 40.00 40.00
1/8 of 1% 1/8 of 1%
Gross Gross
Valuation of Valuation of
Construction Construction
Charge Charge
Per Event, Up to 3 Blocks 300.00 300.00
Per Event, Per Block 100.00 104.00
129.21 134.51
129.21 134.51
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IV FINANCE & MANAGEMENT SERVICES
5951 Dog License Fees
County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reso. No 2003-004)*
Program administered by Police Department
County of Orange proposed fees**
CA Food & Agriculture Code Sec. 30804.5 sets the fee for
altered dogs at no more than 50% of unaltered dogs.
Annual
*Altered (Neutered or Spayed) Each Dog** 23.00 24.00
*Unaltered Each Dog** 95.00 100.00
Replacement of Tag Each** 2.00 2.50
*Senior Citizen (65 or older) One discount per household. Animal must be Each**
spayed/neutered.
*Late License Penalty (after 30 days) Each** 32.00 41.00
*Puppy License (12 month license for dogs under 6 months) Each Dog** 23.00 24.00
5945 Bingo License Fee Each 50.00 50.00
CA Pena] Code Sec. 326.5 sets this fee at $50.00 per annum.
5499 Bound Copy (Unabridged)
Chapter 21 SAMC Business License Code
Customer Pickup Each 31.02 32.29
Mailed Each 38.22 39.79
5499 Finance -Record Abstract
Certified Each 16.12 16.78
Uncertified Each 1032 10.74
5499 Finance - Pazking Violations Abstract Each N/A 15.00
5499 Finance -Records Reseazch Fee (Minimum 1 hour) Per Hour 40.07 41.71
5021 Monthly New Business License List Each 16.12 16.78
5021 Business License Tax Collection Fee Each Field Collection 46.40 48.30
5499-1 Credit Cazd Processing Fee Per Transaction 3.30 3.44
5799-6 Retum Payment Fee Each 25.00 25.00
5799 Electronic Fund Transfer Transaction Fee Each 3.30 3.44
5499-2 Stop Payment/Reissue Fee Each N/A 10.00
60-01 Water Tum On Charge
After hours Each 118.57 123.43
Consumption On/Off Meter Charge Each 47.51 49.46
Delinquent Account Collection Each 23.31 24.27
Reconnect Charge Each 47.51 49.46
Off for Bad Check Each 47.51 49.46
Tag Fee (Upon affixing) Each 10.25 10.67
Investigation/Re-read Meter Each 10.25 10.67
5621 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost Actual Cost
5621 Copy of City Annual Budget Each Actual Cost Actual Cost
5029 WT Max Tax Processing Fee Per refund, Maximum N/A 200.00
There is a maximum fee charge of $200.00 per refund, or
a $40.00 per hour charge for review & processing,
whichever is less.
7
75A-23
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION V LIBRARY
5221 Compact Discs - Overdue/Loss of Use Fee Per Day 0.20 0.25
Maximum 10.00 15.00
5221 Audio books - Overdue/Loss of Use Fee Per Day 0.20 0.25
Maximum 10.00 15.00
5221 Video Cassettes / DVDs- Overdue/Loss of Use Fee Per Day 1.00 1.50
Maximum Actual Cost Actual Cost
5221 Regular Books & Multi-Media Kits - Overdue/Loss of Use Fee Per Day 0.20 0.25
(Includes adult books and children books) Maximum 10.00 Actual Cost
5221 Magazines - Overdue/Loss of Use Fee Per Day 0.20 0.25
Maximum Actual Cost Actual Cost
5221 Paperbacks - Overdue/Loss of Use Fee Per Day 0.20 0.25
($10 or Actual Cost whichever is less) Maximum
5596-02 Compact Discs/Rental Per 2 Week No Charge No Charge
5596-02 DVDNideo Cassettes /Rental
Entertainment Per 2 Weeks 1.50 2.00
Instructional, Non-Fiction, & Children's Per 2 Weeks No Charge No Charge
5799-01 LostlDamaged Catalogued Materials
Process Fee Each 9.00 10.00
Replacement Cost Actual Cost Actual Cost
Plus overdue charges if incurred
5799-01 Lost/Damaged Uncatalogued Materials
Process Fee Each 6.00 7.00
Replacement Cost Actual Cost Actual Cost
Plus overdue charges if incurred
5799-03 Damaged Bar Code label Per Incident 2.00 2.00
5799-03 Other Damaged Materials
Plastic Bag (Multimedia) Per Incident 1.00 1.00
Fabric Bag (Multimedia) Per Incident 2.00 2.00
CD/DVD Pamphlet Per Incident 1.00 1.00
Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00
Cassette Cases Per Incident 1.00 1.00
CD/DVD Cases (Includes Bar Code Replacements) Per Incident 4.00 4.00
Library Card Replacement Fee Per Incident 2.00 2.00
Other Per Incident Actual Cost Actual Cost
5799-03 Material Recovery Surcharge Per Account 15.00 15.00
5799-03 Data Base Access No Charge No Charge
5799-03 Reserve Postal Card Per Item 1.00 1.00
g
75A-24
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION V LIBRARY
5799-03 Reserved/Mail Books
Homebound SA Residents Free Free
Other Santa Ana Addresses 1.50 2.00
Non-Santa Ana Addresses 2.00 3.00
5799-03 Newspaper Search Fee Per Search 15.00 20.00
5799-03 Typewriter Rental Per Hour 1.00 1.00
5799-03 Computer Rental Per Hour 5.00 5.00
5594 Nonresident Library Card Fee Per Card 45.00 45.00
Nonresident Library Card for Employees
of Santa Ana Businesses Per Card/Year 30.00 30.00
5225 Passport Execution Fee Per Application 30.00 30.00
Digital Services Photograph Request -Non-Commercial Use
E-mail Request Per Image 1.00 1.00
Special Format Image Per Image 2.00 2.00
Scan History Room Image Per Image 5.00 5.00
Scan Non-History Room Image Per Image 10.00 10.00
Colored laser printing Per Image 2.00 2.00
Compact Disc Fee Per Image 2.00 2.00
Scan HR Images not available on Web-mailed to requestor Per Image 10.00 10.00
Scan non-HR Images not available on Web-mailed to requestor Per Image 15.00 15.00
Colored laser printing -mailed to requestor Per Image 4.00 4.00
Digital Services Photograph Request -Commercial Use
Commercial Use Image Per Image 25.00 25.00
Commercial Use Image -Mailed to Requestor Per Image 40.00 40.00
Additional fee for Commercial Use Image -Color Laser Printin€ Per Image 5.00 5.00
Interlibrary Loan Fee Per Request 5.00 5.00
9
75A-25
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
5520 False Alarms (Santa Ana Municipal Code 14-38 )
System Malfunctions Each 114.00 118.50
Deliberate Act Each 203.00 211.00
NOTE.• One allowed in 30 days; Two in 90 days;
Three allowed in any 12 month period.
5935 Fire Code Permit Fee
Section I: Fire Code Permits for Specific Hazards,
Renewable Annually or per Event:
Aerosol Products Fee 120.00 125.00
Aircraft Refueling Vehicles Fee 120.00 125.00
Aircraft Repair Hanger Fee 120.00 125.00
Asbestos Removal Fee 120.00 125.00
Assembly
See "Places of Assembly"
Automotive Wrecking Yard Fee 120.00 125.00
Battery System Fee 120.00 125.00
Cellulose Nitrate Film Fee 120.00 125.00
Cellulose Nitrate Storage Fee 120.00 125.00
Combustible Fiber Storage Fee 120.00 125.00
Combustible Material Storage Fee 120.00 125.00
Compressed Gases-Medical Oxygen Fee 120.00 125.00
Commercial Rubbish-Handling Operation Fee 120.00 125.00
Dry Cleaning Plants Fee 120.00 125.00
Dust-Producing Operations Fee 120.00 125.00
Explosives or Blasting Agents Fee 120.00 125.00
Flammable or Combustible Liquids;
1 Class I liquids, inside storage, Fee 120.00 125.00
more than 5 gallons, but less than 55 gallons.
2 Class I liquids, outside storage, more than 10 gallons, Fee 120.00 125.00
but less than 55 gallons.
3 Class II and Class III-A liquids, inside storage, Fee 120.00 125.00
more than 25 gallons, but less than 55 gallons.
Fruit Ripening Fee 120.00 125.00
Fumigation or Thermal Insecticidal Fogging Fee 120.00 125.00
High-Piled Combustible Storage Fee 120.00 125.00
Hot-Work Operations Fee 120.00 125.00
Lumber Yards Fee 120.00 125.00
Magnesium Working Fee 120.00 125.00
Organic Coating Fee 120.00 125.00
Ovens, Industrial Baking or Drying Fee 120.00 125.00
Places of Assembly
A-3, occupant load 50-200 Fee 130.00 135.00
A-2.1, occupant load 300 or more, w/o a stage Fee 261.00 271.50
A-2, occupant load 999 or less, with a stage Fee 261.00 271.50
A-1, occupant load 1000 or more, with a stage Fee 261.00 271.50
Refrigeration Equipment Fee 120.00 125.00
Repair Garages Fee 120.00 125.00
Spraying or Dipping Fee 120.00 125.00
Tents, Canopies and Temporary Membrane Structures -See Section II "Special Permits"
Tire Storage Fee 120.00 125.00
Wood Products Fee 120.00 125.00
1~
75A-26
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
Section II: Special Permits:
Carnivals, Fairs and Outdoor Assemblies Per Event 56.00 58.00
Christmas Tree Lots Per Lot 56.00 58.00
Fireworks, Special Events, Pyrotechnic
and Open Flame Devices Per Day 77.00 80.00
Mall, Covered Per Event 56.00 58.00
Occupant Load Increase Per Event 56.00 58.00
Parade Floats Per Event 56.00 58.00
Pumpkin Patch Lot Per Lot 56.00 58.00
Special Activities Permit Per Event 56.00 58.00
Liquefied Petroleum Gas Tank Fee 120.00 125.00
Tents, Canopies and Temporary Membrane Structures Per Tent/Event 120.00 125.00
Additional Canopies Each 56.00 58.00
Above Ground Tanks Fee 203.00 211.00
Special Fire Inspections Fee 99.00 103.00
Additional Fire Inspections Fee 99.00 103.00
Alternative Materials/Methods Request Per Request 209.00 217.50
5499 Fire Incident Reports
Per Report (20 pages or less)* Each 15.00 15.50
* Additional charge per page in excess of
twenty (20) pages in length Each 0.50 0.50
Color printed reports or photographs Per Page N/A 1.00
5499 Fire Incident or Medical Incident Reports
(Requiring computer search)
*Minimum one (1) hour Per Hour* 94.00 97.50
5499 Fire Inspection Reports 1st Page 3.00 3.00
Up to 8 1/2" X 14" in size Add'I Page 0.50 0.50
5499 Fire Code and Fire Code Standard Copies 1st Page 3.00 3.00
Up to 8 1/2" X 14" in size Add'1 Page 0.50 0.50
5919 Fireworks/Stands and Displays:
Permit for Sale (Retail Stand Only) Per Stand 344.00 358.00
Cleanup Deposit Bond (Refundable) Per Stand 156.00 162.00
5499-100 Shoulder Patches
(Only to Bona fide Collectors) Each 13.50 14.00
5499-100 Division Identification Chevrons
(Only to Bona fide Collectors) Each 6.50 6.50
5543 Basic Life Support (BLS) Treatment
Per BLS Treated Patient Each 235.00 244.50
5543 Advanced Life Support (ALS) Treatment
Per ALS Treated Patient Each 376.00 391.50
11
75A-27
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
5543 Emergency Medical Assessment N/A 125.00 130.00
Per BLS or ALS assessment where
no transport occurs
5543 Administration of Oxygen during Transport
Per Patient receiving oxygen Each 66.00 68.50
5544 Paramedic Subscription Fee
Per HouseholdBusiness Location Annual 39.00 40.50
5543 Emergency Base Rate/Transportation
(in Fire Dept-owned vehicle)
Per Transported Patient Each 527.00 548.50
5543 Mileage Per Transport
Per Transport Mile
Per Transported Patient Each 14.50 15.00
5543 Additional Personnel Used in Transport Each N/A 36.44
5540 Caze Facility Inspection Fee
25 or Fewer Occupants Per Facility 78.00 81.00
26 or More Occupants Per Facility 151.00 157.00
5622 Stand By Fire Inspectors
Fire Inspector
*Four (4) Hour Minimum *Per Hour 57.00 59.00
Supervisor
*Four (4) Hour Minimum *Per Hour 78.00 81.00
NOTE: Standby Fire Inspectors are required for public ftreworks
displays, some unusual types of public assembly events and by
some motion picture studios filming on location. An unusual event
that would require more than two (2) inspectors would also
require a Supervisor. After business hours and weekend
inspections also require a Supervisor.
5551 Site Environmental Assessment
File Review Per Address 73.00 76.00
5545 Haz-Mat Cost Recovery
Flat Fee (Plus additional costs)
Noncommercial Vehicle Accident Per Accident 151.00 157.00
Additional Costs
Per Hour or fraction of hour, Per Each Fire Company Per Accident 276.00 287.00
5546 Risk Management and Prevention Program
1st Eight (8) Hours 794.00 826.50
Each Hour or Fraction OVER Eight (8) Hours 78.00 81.00
5550 Fire Department Annual Inspection:
0-2,500 squaze feet 45.00 46.50
2,501- 5,000 squaze feet 67.00 69.50
5,001- 10,000 square feet 114.00 118.50
10,000- over 229.00 238.00
IZ
75A-28
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
ABOVE & UNDERGROUND STORAGE TANK FEES
5923 Annual Tank Fees Each 376.00 391.50
(includes tanks not currently in use)
Officially Abandoned Tanks
5923 Installation of New Underground Tanks:
Flammable Liquids 1-3 Tanks 731.00 761.00
Each Add'1 Tank 219.00 228.00
Hazardous Chemicals Each Tank 292.00 304.00
Includes Plan Check, Resubmittals & Field Inspections
(working hours)
5923 Above Ground Storage Tank Plan Review Per Tank 177.00 184.00
5923 Systems Modifications/upgrades Per Hour 109.00 113.50
5923 Miscellaneous Inspections
Drafting Per Visit 109.00 113.50
Monitoring Certification Per Visit 109.00 113.50
Testing Product Lines Separately Per Visit 109.00 113.50
Unauthorized Releases Per Hour 109.00 113.50
5923 Underground Storage Fees
Tank Removal
Tank Removal 1-3 Tanks 585.00 609.00
Each Additional Tank Per Tank 130.00 135.00
Field Inspection
First three (3) hours How
Each Additional hour or fraction Add'1 Hour 109.00 113.50
5923 Inspection(s) Required Due to Leaks or
Unauthorized Releases
Inspection
Per How How 109.00 113.50
Each Additional hour or fraction Add'1 How 109.00 113.50
5923 Underground Storage Tank
Regulations and Procedwes Book Each 5.00 5.00
5923 Site Remediation/Plan Check
First 3 hows How 256.00 266.50
Each additional hour or fraction Add'1 How 109.00 113.50
5923 Overtime Inspectors
Inspection How 219.00 228.00
Minimum of (3) hows How 658.00 685.00
(Includes after 5 p.m. and weekends)
13
75A-29
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
5546 HAZARDOUS MATERIALS RELEASE RESPONSE PLANS & INVENTORIES
RANGE DETERMINATION
Each business in the City of Santa Ana which is required to submit a business plan and/or inventory pursuant to Health & Safety
Code, Chapter 6.95 of Division 20 ,shall be assigned a range consisting of a'range number" and a "range letter" as follows:
Range Numbers shall be based on the maximum quantity Range Letters shall be based upon the total number
of all hazardous materials present on the business premises at of hazardous substances or waste categories listed on the
any time in accordance with the following schedule: inventory of the business submitted to the City as follows:
Range Gases Liquids Solids Range Number of
Number (Cubic Feetl Gallons Pounds Letter Materials Listed
1 200 to 1,000 55 to 1,000 500 to 1,000 A 1 - 2
2 1,001 to 5,000 1,001 to 5,000 1,001 to 5,000 B 3 - 5
3 5,001 to 10,000 5,001 to 10,000 5,001 to 10,000 C 6 - 9
4 Over 10,000 Over 10,000 Over 10,000 D 10 - 20
E Over 20
The range-numbers of gases, liquids and solids on the business premises shall be computed separately,
and the highest range-number in any of the three categories shall be the range-number of the business.
FEE SCHEDULE
5546 Each submission of a business plan (as defined in health and Safety Code Section 25501) and each
certification provided pursuant to Health and Safety Code Section 25505 (c) and each submission of an
annual inventory pursuant to Health and Safety Code Section 25505 (d) (other than inventories which are
submitted as part of a business plan or certification) shall be accompanied by a fee based upon the "range"
of the subject business in accordance with the following schedule:
RANGE
1-A 308.00 320.50
1-B 360.00 375.00
1-C 407.00 423.50
1-D 616.00 641.00
1-E 1,024.00 1,066.00
2-A 339.00 353.00
2-B 459.00 478.00
2-C 512.00 533.00
2-D 721.00 750.50
2-E 1,133.00 1,179.50
3-A 459.00 478.00
3-B 506.00 527.00
3-C 721.00 750.50
3-D 924.00 962.00
3-E 1,342.00 1,397.00
4-A 694.00 722.50
4-B 736.00 766.00
4-C 846.00 880.50
4-D 1,180.00 1,228.50
4-E 1,525.00 1,588.00
14
75A-30
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
SERVICE STATIONS
5546 Flat Fee 114.00 118.50
Additional Costs:
Add up the quantities of all the various chemicals (or materials) in each of the three
categories in each of the three categories (gallons, cubic feet, pounds). Use the highest
quantity of chemicals (or materials) listed to determine the number range (1,2,3 ...)
Count the number of chemicals (or materials) listed to determine the appropriate
range-letter (A,B,C...).
Using the combined Range figures (Number and Letter, 1-A, 2-C, etc. to determine the
correct fee from the schedule.
5546 Late Filing Fee
The Fire Chief shall impose a late filing penalty based on additional administrative
costs incurred due to the late filing of any business plan, certification, or inventory.
The amount of such penalty shall be 25% of the fee for such filing. Nonpayment
of the fee and penalty shall incur 10% interest on the amount of the billing starting
30 days after the date issued.
5546 ADMINISTRATIVE PENALTY FEE SCHEDULE
This fee schedule utilizes a base penalty for each of the listed offenses and
assesses a surcharge to that penalty expressed as a percentage of the base
penalty for those factors outlined in H&S Code section 25514.5(f) which
include but aze not limited to the following considerations, but shall not
exceed $5,000 for each day the violation occurs:
a. Extent of harm caused by the violation -surcharge to 500 percent.
b. The nature and persistence of the violation -surcharge to 500 percent.
c. The length of time over which the violation occurs-surchazge to 100 percent.
d. The frequency of past violations - surchazge to 100 percent.
e. Action taken to mitigate the violation -surcharge to 100 percent.
f Financial burden on the violator -will be considered.
The following base penalties shall be assessed for the below-listed violations:
1. H&S Code Section 25503.5
Failure to establish and implement a business plan for
emergency response. 366.00 381.00
2. HBrS Code Section 25503.6
Failure to notify real property owner that a business plan is 146.00 152.00
required.
3. H&S Code Section 25503.7
Failure to notify administering agency that hazardous substance
is being stored in railroad car. 366.00 381.00
4. H&S Section 25503.8
Failure by business, which is required to submit chemical
inventory pursuant to Federal Law, to establish and implement
a business plan. 366.00 381.00
5. H&S Code Section 25504
Failure to provide a complete business plan. 220.00 229.00
15
75A-31
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
6. H&S Code Section 25505
Failure to correct, revise, or review business plan. Failure to
submit annual inventory disclosure. 220.00 229.00
7. H&S Code Section 25509
Failure to provide complete inventory disclosure. 220.00 229.00
8. H&S Code Section 25509.3
Failure to include estimated amounts of hazardous waste on
annual inventory. 366.00 381.00
9. H&S Code Section 25510
Failure to amend inventory. 220.00 229.00
5543 Disposable Medical Supplies
AIRWAY OXYGEN SUCTION
Airway Bridge Each N/A 24.98
Airway - Combitube, holder Each 96.80 100.77
Airway - ET Kit, Slick set, holder, laryngoscope blade, Per Patient 41.80 43.51
eye protection, N-95 mask
Airway Nasal Each 28.55 29.72
Airway Oral Each 2.45 2.55
Ambu. Bag, Adult, Pediatric, Infant Each 56.10 58.40
"Cook Kit" (thoracostomy set) Each N/A 156.15
Mask -Resuscitator Each 17.60 18.32
Mask -Non-rebreather-oxygen Each 3.55 3.70
Nasal cannula Each 3.15 3.28
Nebulizer Each 4.05 4.21
Oxygen Per Patient 67.05 69.80
Suction Kit -Manual or electric
V-vac, cannister, catheters, yankauer, bulb, feeding tube Per Patient 26.35 27.43
CARDIAC MONITOR/ DEFIBRILLATION
Monitor -electrodes Per Patient 25.25 26.29
Defibrillation gel Per Patient 4.10 4.27
Defibrillation pads Per Pair N/A 46.85
DRESSING/ IMMOBILIZATION
Minor trauma kit - Bandaid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 5.20 5.41
Major trauma kit - 4x4's, ABD pads, Kerlix, tape, petroleum dsg Per Patient 7.65 7.96
Bum pack -Burn sheet, any size burn towel, irrigation saline Per Patient 29.65 30.87
Cold pack Each 2.65 2.76
Gloves Per Pair 1.45 1.51
Hip wrap (disposable hip splint) Each N/A 31.23
Restraint (limb restraint) Each N/A 6.25
Spinal Immobilization -backboard, cervical collar, StaBlock, tapf Per Patient 38.45 40.03
Splint -air or cardboard Each 12.00 12.49
Vacuum Splint Each N/A 12.50
IV ADMINISTRATION
Armboard Each 5.20 5.41
IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 11.55 12.02
IV Solution - 250cc Saline, tubing Each 13.15 13.69
IV Solution - 1000cc Saline, tubing Each 14.25 14.83
Needles -disposable Each 1.30 1.35
Saline lock Each 4.75 4.95
Syringe Each 2.50 2.60
16
75A-32
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI FIRE DEPARTMENT
MEDICATIONS
Adenosine Each 84.65 88.12
Albuterol Each 2.45 2.55
Atropine, Ampule Each 3.25 3.38
Atropine, Syringe Each 24.00 24.98
Diphenhydramine Each 5.75 9.37
Dextrose, Syringe Each 32.40 33.72
Dopamine, with drip regulator Each 60.50 62.98
Epinephrine, 1:1000 amp Each 4.90 5.10
Epinephrine, 1:1000 30cc vial Each 31.85 33.16
Epinephrine, 1:10000 syringe Each 38.50 40.08
Glucagon Each 94.60 187.38
Glucose solution Each 13.70 14.26
Lidocaine Each 7.90 8.22
Morphine, amp Each 20.30 21.13
Morphine, syringe Each 26.35 27.43
Narcan, syringe Each 60.50 62.98
Narcan, vial Each 11.50 11.97
Nitro spray Each 87.75 91.35
Normal saline lOcc vial Each 2.35 2.45
Sodium Bicarb Each 38.50 40.08
Versed Each 32.40 33.72
MISCELLANEOUS SUPPLIES
Linen -Disposable sheet, gurney Each 1.15 1.20
Blanket KCD Each 15.65 16.29
Blanket, quilted (disposable) Each N/A 20.82
Communicable Disease Kit -
Personal protection pak, eye protection, vionex wipes Each 9.00 9.37
Emesis Basin -Convenience bag Each 2.00 2.08
Glucometer Strips Each 4.90 5.10
Irrigation Saline - SOOcc bottle Each 2.70 2.81
N 95 Mask Each 2.35 2.45
OB Kit -Disposable OB Kit, eye protection Each 47.25 49.19
120-5010 Fire Facilities
Per Sq. Ft. of floor area 0.64 0.66
17
75A-33
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION VII POLICE DEPARTMENT
5928 Alarm User Permit
Commercial & Residential
5520 False Alarms
(Code 459) Burglary Calls -Commercial & Residential
1st Incident
2nd Incident
3rd Incident
4th Incident
5th Incident
6th Incident -fee & warning ofnon-response
7th Incident
8th Incident-fee & placed on non-response status
5520 False Alarms
(Code 211) Robbery Calls -Residential
IstIncident
2nd Incident
3rd Incident
4th Incident
5th Incident
6th Incident -fee & warning ofnon-response
7th Incident
8th Incident -fee & placed on non-response status
5520
5621-331
5621-331
5518
998-5999-109
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
Per Yeaz
29.00
30.00
Per Incident
Per Incident
False Alarms
(Code 211) Robbery Calls -Commercial Per Incident
1st Incident
2nd Incident
3rd Incident
4th Incident
5th Incident
6th Incident -fee & warning ofnon-response
7th Incident
8th Incident-fee & placed on non-response status
Firearms Examination Service Fee -Outside Agencies
Basic Function Exam -per firearm
Full Function Exam -per firearm
Examination & Comparison
Examination & Comparison -Major Crime (up to 6 hours)
Hourly charge in excess of 6 hours -each additional hour
No Chazge
50.00
75.00
125.00
150.00
200.00
300.00
400.00
No charge
50.00
75.00
125.00
150.00
200.00
300.00
400.00
75.00
100.00
150.00
200.00
250.00
300.00
350.00
400.00
34.00
205.00
310.00
600.00
100.00
No Chazge
50.00
75.00
125.00
150.00
200.00
300.00
400.00
No charge
50.00
75.00
125.00
150.00
200.00
300.00
400.00
75.00
100.00
150.00
200.00
250.00
300.00
350.00
400.00
35.00
210.00
320.00
620.00
100.00
Storage of Weapon Fee -per weapon 100.00 100.00
I-I-OS state law change (AB 2431, PC 12021.3): fee can be charged when ~ weapon is released to an owner or gun dealer
Fingerprint Fee
City processing fee only
Applicants exempted by law shall not pay.
Fingerprint Fee
State processing fee
For all fingerprinting requiring State processing, the
applicable state fee will be added to the $20.00 City fee above.
Per Cazd 23.00 23.00
Actual Cost Actual Cost
Ig
75A-34
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION VII POLICE DEPARTMENT
5516 Citation Sign Off
Equipment violators
5516-331 Copy of Lost Citation
5623 Driving Under Influence Cost Recovery
Persons arrested for driving under the influence
Pursuant to Government Code Sec. 53150 et seq.
5623 Police Pursuits Cost Recovery
Persons apprehended in police pursuits
Pursuant to Government Code Sec. 53150 et seq.
5623 Hit & Run Accident Investigation
Persons responsible fot hit and run accidents
Pursuant to Government Code Sec. 53150 et seq.
5621-331 Disturbing the Peace Police Service Fee
Pursuant to S.A. Municipal Code Sec. 10-300 et seq.
5925 Ice Cream Truck Vendor Permits
Includes one Driver/Operator
Additional Truck
5323 License to Sell Pistols/Revolvers
5950 Administration Citation Fee
Allows Animal Service Officers the right to cite for State and
Local Animal Law Violations
5621-344 Police Accident Photos
B&W and Color Print, (4X5/3.5X5) & Poloroids
B&W and Color Print, 5X7
B&W and Color Print, 8X10
Contact Print, 8X10
5621-331 Police Evidence Photos to CD/DVD
Per set-up
Per Image
5712 Police Evidence Tape (audio or video tape)
5598 Police Accident Reports
5598-100 Search Fee (no case #)
5598 Police Immigration/Clearance Letters
5598 Police Incident Reports
Citizens Request for Information Form
*Reports in excess of 20 pgs.
5598-100 Search fee (no case #)
5598 Request to Review Criminal History
19
75A-35
PROPOSED
FY 07-OS FY 08-09
UNIT FEES FEES
Per Incident 10.00 10.00
Per Citation 2.00 2.00
Actual Cost Actual Cost
Per Incident Up to $1,000 Up to $1,000
Actual Cost Actual Cost
Per Incident Up to $1,000 Up to $1,000
Actua] Cost Actual Cost
Per Incident Up to $1,000 Up to $1,000
Each Actual Cost Actua] Cost
Up to $500 Up to $500
Each 225.00 230.00
Each 35.00 36.00
Per License 140.00 145.00
First Violation 100.00 100.00
Second Violation 200.00 200.00
Third Violation 500.00 500.00
Each 5.00 5.00
Each 7.00 7.00
Each 12.00 12.00
Each 12.00 12.00
Each 20.00 20.00
Each 1.00 1.00
Each 35.00 36.00
Each 20.00 20.00
Each 5.00 5.00
Each 20.00 20.00
Each* 20.00 20.00
Per Page 1.00 1.00
5.00 5.00
Per Request 20.00 20.00
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION VII POLICE DEPARTMENT
5598 Request to Review Incident Information
5620 Police Security Services
Lieutenant
Sergeant
Police Officers
PCO/PSO/Reserve
5517 Impound of Owner Release Animals
(includes 2 nights boazding charge)
County of Orange proposed fees * *
5925 Pushcart Permits
Vendor/Operator Permit-lcart
* Additional Carts/Operators
5514 Release of Impounded Vehicles-SAPD/Traffic
Vehicle Registration Expired Over 6 Months
Unlicensed/Suspended-Revoked Drivers
$90 to 011-DI-5514 (increased from $85)
$100 to 20-01-5352-100
5621-331 Solicitation Permit
Vehicle for Hite (Taxi) Fees
Driver's Permits
(Original, Renewal, Replacement or Duplicate)
Vehicle for Hire Permit
Vehicle for Permit Transfer
5621-331 Reinspection Fee-Plan Checks/Not Completed
*$41.00 minimum or hourly employee rate.
Fee to be charged when inspection is called for
work not complete or corrections called for are
not made.
Second Hand Dealer Fee
Security Guazd Company Fee
5516 Equipment Violation
Pursuant to SAMC Sec. 40225
Proof of Correction
5926 Street Closure Permit
5450 Land Use Certificate Processing Fee
for temporary outdoor event
Accelerated Processing Fee
20
75A-36
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
Per Request 20.00 20.00
Per Hour 105.00 105.00
Per Hour 85.00 85.00
Per Hour 69.00 69.00
Per Hour 45.00 45.00
Per Impound 75.00** 81.00**
Each* 225.00 230.00
Each 35.00 36.00
Each 135.00 140.00
Each 185.00 190.00
Per Permit 35.00 36.00
Each 34.00 35.00
Each 140.00 145.00
Each 6.00 6.00
Minimum * 40.00 41.00
Each 69.00 71.00
Each 69.00 71.00
Each 82.00 85.00
Each 10.00 10.00
Per Permit 135.00 140.00
Per Permit 30.00 31.00
Per Permit 65.00 67.00
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION VII POLICE DEPARTMENT
5021 Escort Bureau, Introduction Service Establishment, and Escort Fee;
Program administered by Police Department
Escort Bureau Permit
Introduction Service Permit
Escort Permit
5021 Figure Model Studios/Figure Model Fees:
Program administered by Police Department
Figure Model Studio Permit
Figute Model Permit
Figure Model Studio Sale or Transfer
Figure Mode] Studio Change of Location or Name
NOTE: Figure Model Studio Permit Applicants
who are also Figure Model Permit applicants
shall only be required to pay the Figure Model
Studio Permit Fee.
5021 Massage EstablishmenUMassage Technician Fees:
Program administered by Police Department
Massage Establishment Permits
Massage Technician Permits
Massage Technician Transfer/Duplicate
Massage Establishment Sale Transfer
Massage Establishment Change of Location or Name
NOTE.• Massage Establishment Permit
Applicants who are also Massage Technician
Permit Applicants shall only be required to pay
the Massage Establishment Permit Fee.
5021 Peep Show Permit Fee
Program administered by Police Department
5021 PooUBilliard Permit Fee
Program administered by Police Department
5021 Public Dance Establishments
Program administered by Police Department
Dance Permits
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
Each 695.00 723.00
Each 695.00 723.00
Each 149.00 155.00
Each 695.00 723.00
Each 149.00 155.00
Each 695.00 723.00
Each 35.00 36.00
Each 695.00 723.00
Each 149.00 155.00
Each 35.00 35.00
Each 695.00 723.00
Each 35.00 35.00
Each
Each
Permanent Each
One-Day Each
5621-331 Police Training Video Tape Per Tape
5215 Parking Violation: Late fee Violations with a'base' (original)
fine of $100 or less:(Rounded
up to the next whole dollar)
Violations with a'base' (original)
fine of $100 or more: (Rounded
up to the next whole dollar)
300.00 312.00
300.00 312.00
300.00 312.00
75.00 78.00
45.00 46.00
50% of base fine.
Total delinquent
fine is I50%
of base fine.
20% of base fine.
Total delinquent
fine is 120%
of base fine.
21
75A-37
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VII POLICE DEPARTMENT
Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed
as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to:
Violations with a'base' (original) 90% of base fine.
fine of $100 or less:(Rounded Total delinquent
up to the next whole dollar) fine is 190%
of base fine.
Violations with a'base' (original) 40% of base fine.
fine of $100 or more:(Rounded Total delinquent
up to the next whole dollar; fine is 140%
of base fine.
5215 Pazking a vehicle within 300 ft. of fire
apparatus answering a fire alarm
Pursuant to SAMC Sec. 36-41(7) Each 47.00 48.00
5215 Permit required Special Pazking District
Pursuant to SAMC Sec. 36-493 (a) Each 38.00 39.00
5215 Pazking in a red zone
Pursuant to SAMC Sec.36-131(1) Each 47.00 48.00
5215 Pazking in a yellow zone
Pursuant to SAMC Sec.36-131(2) Each 30.00 31.00
5215 Parking in a white zone
Pursuant to SAMC Sec. 36-131(3) Each 30.00 31.00
5215 Pazking in a green zone
Pursuant to SAMC Sec.36-131(4) Each 30.00 31.00
5215 Parking in a blue (handicapped) zone
Pursuant to SAMC Sec. 36-131(5) Each 99.00 103.00
5598-102 Cancellation of citation (Disabled Placards) Each N/A 25.00
5215 Pazking in a "No Parking" zone
Pursuant to SAMC Sec. 36-132 Each 58.00 60.00
5215 No parking-street sweeping
Pursuant to SAMC Sec. 36-133 Each 53.00 55.00
5215 Pazking in violation of "emergency no parking sign"
Pursuant to SAMC Sec. 36-134 Each 58.00 60.00
5215 Parking in alley
Pursuant to SAMC Sec. 36-135(a) Each 38.00 39.00
5215 Stopping, standing or pazking a vehicle w/in pazkway
Pursuant to SAMC Sec. 36-135(b) Each 38.00 39.00
5215 Pazking at certain places and for certain purposes
Pursuant to SAMC Sec. 36-136 Each 38.00 39.00
5215 For sale; inoperable vehicles; repairing vehicles
Pursuant to SAMC Sec. 36-136(a) Each 53.00 55.00
22
75A-38
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VII POLICE DEPARTMENT
5215 Parking over 72 hours
Pursuant to SAMC Sec. 36-136(b) Each 53.00 55.00
5215 Pazking on left side of one-way roadway
Pursuant to SAMC Sec. 36-136(d) Each 30.00 31.00
5215 Parking outside of lapping mazked parking
Pursuant to SAMC Sec. 36-138(a) Each 38.00 39.00
5215 Angle parking prohibited in certain azeas
Pursuant to SAMC Sec. 36-139 Each 38.00 39.00
5215 Parking in restricted areas. Time limit parking
Pursuant to SAMC Sec. 36-142 Each 38.00 39.00
5215 Overnight pazking prohibited in certain azeas
Pursuant to SAMC Sec. 36-144 Each 30.00 31.00
5215 Pazking any commercial vehicle over 10,0001bs. In a residential
district for a period of time longer than two(2) hours prohibited
Pursuant to SAMC Sec. 36-145 Each 68.00 70.00
5215 Parking on City property
Pursuant to SAMC Sec. 36-147 Each 30.00 31.00
5215 Pazking on property of Joint Powers Agency-city is member
Pursuant to SAMC Sec. 36-147.1 Each 30.00 31.00
5215 Parking in metered space time expired or beyond max. time
Pursuant to SAMC Sec. 36-402(1) Each 47.00 48.00
5215 Pazking outside of painted or mazked area of metered space
Pursuant to SAMC Sec. 36-402(2) Each 47.00 48.00
5215 Pazk any vehicle restricting traffic (ingress/egress)
Pursuant to SAMC Sec.36-432(2) Each 47.00 48.00
5215 Pazk any vehicle with trailer, etc., restricting traffic
Pursuant to SAMC Sec.36-432(4) Each 58.00 60.00
5215 Red no pazking areas-striped no pazking areas
Pursuant to SAMC Sec.36-432(5) Each 47.00 48.00
5215 Pazking outside/across designated parking lines
Pursuant to SAMC Sec. 36-432(6) Each 38.00 39.00
5215 Pazking overtime on public pazking lot
Pursuant to SAMC Sec.36-432(9) Each 38.00 39.00
5215 Use metered spaces when meter indicates unlawful parking
Pursuant to SAMC Sec. 36-432(11) Each 38.00 39.00
5215 Pazk any truck in excess of 2 tons in parking lot
Pursuant to SAMC Sec. 36-432(12) Each 47.00 48.00
23
75A-39
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VII POLICE DEPARTMENT
5215 Unauthorized pazking in "handicapped" zone
Pursuant to SAMC Sec. 36-432(15) Each 74.00 77.00
5215 Continued Time Zone
Pursuant to SAMC Sec. 36-143 Each 38.00 39.00
5215 Pazking within an intersection
Pursuant to CVC Sec. 22500(a) Each 45.00 46.00
5215 Pazking within a crosswalk
Pursuant to CVC Sec. 22500(b) Each 45.00 46.00
5215 Pazking adjacent to safety zone
Pursuant to CVC Sec. 22500(c) Each 45.00 46.00
5215 Pazking within 15 ft. of driveway entrance of fire station
Pursuant to CVC Sec. 22500(d) Each 45.00 46.00
5215 Pazking on a sidewalk
Pursuant to CVC Sec. 22500(f) Each 45.00 46.00
5215 Obstructing traffic by stopping, standing or parking alongside
highway obstruction
Pursuant to CVC Sec. 22500(g) Each 45.00 46.00
5215 Double Pazking
Pursuant to CVC Sea 22500(h) Each 45.00 46.00
5215 Pazking upon a bridge
Pursuant to CVC Sec. 22500(k) Each 45.00 46.00
5215 Pazked, right hand wheels more than 18" from right hand curb
Pursuant to CVC Sec. 22502(a) Each 45.00 46.00
5215 Motorcycle parked, one wheel or fender not touching curb
Pursuant to CVC Sec. 22502(e) Each 45.00 46.00
5215 Pazked within 15 feet of fire hydrant
Pursuant to CVC Sec. 22514 Each 45.00 46.00
5215 Unattended vehicle, stop motor and set breaks
Pursuant to CVC Sec. 22515(a) Each 50.00 52.00
5215 Pazking in a space designated for disabled persons without
a distinguishing plate or placazd
Pursuant to CVC Sec. 22507.8(a) Each 354.00 368.00
5215 Obstruct, block, or otherwise bar access to a parking space
designated for disabled persons
Pursuant to CVC Sec. 22507.8(b) Each 354.00 368.00
5215 Pazk or leave standing any vehicle, including one displaying
plates or placard, on boundary lines marking a parking space
designated for disabled persons
Pursuant to CVC Sec. 22507.8(c) Each 354.00 368.00
24
75A-40
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION VII POLICE DEPARTMENT
5215 Entering an Intersection, Rail-crossing or crosswalk
Pursuant to CVC Sec. 22526
5215 No Year or Month License Plate Tab
Pursuant to CVC Sec. 5204
5215 No Vehicle Front/Reaz License Plate
Pursuant to CVC Sec. 5200
5215 Stopping/Pazking in a Fire Lane
Pursuant to CVC Sec. 22500.1
5215 Pazking in Front of a Driveway
Pursuant to CVC Sec. 22500 (e)
5215 Parking vehicle for sale - 1st violation
Pursuant to SAMC Sec. 41-1301 (a)
5215 Parking vehicle for sale - 2nd conviction w/in year
Pursuant to SAMC Sec. 41-1301 (a)
5215 Parking vehicle for sale - 3rd conviction w/in year
Pursuant to SAMC Sec. 41-1301 (a)
5931 Wild Animal Pennit Fee (Nonrefundable)
Pursuant to SAMC Sec. 5-8
Program administered by Police Department
5212 Commercial Vehicle Violation: Public Streets vehicle in
excess of 6 ft. in height parked within 100 ft.
of posted intersection (SAMC 36-145.5)
First Violation
Second Violation (within a 12 mo. Period)
Third Violation (within a 12 mo. Period)
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
Each 160.00 166.00
Each 79.00 82.00
Each 79.00 82.00
Each 107.00 111.00
Each 45.00 46.00
See Planning & Building section of Misc. Fee Schedule
See Planning & Building section of Misc. Fee Schedule
See Planning & Building section of Misc. Fee Schedule
Each 135.00 140.00
Per Violation 59.00 61.00
Per Violation 92.00 95.00
Per Violation 116.00 120.00
25
7 5A-41
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VI II PARKS, RECREATION & COMMUNITY SERVICES
DEFINITION OF RESIDENT
For Group activities, those groups for which at least Sl % of participants
either live or work in the City of Santa Ana, the resident rate shall be applied.
5555 LEISURE CLASSES Variable Variable
From time to time, privately taught leisure and instructional classes will be
offered by various agency divisions. The announcement of same will be made
by printed fliers or in the quarterly program booklet mailed to each residence
in the City. Programs so offered will be conducted in a 4-10 week format.
Charges for each class will be established by the Executive Director of Parks,
Recreation & Community Services. The City of Santa Ana will receive 30%
of the total fees collected from each of these leisure or instructional classes.
STAFF FEES
5533 Park Facilities/Reservation/Supervision (Mandatory)
Resident/Non-Resident Per Hour 18.64 19.40
5533 Pazk Ranger/Security Per Hour 48.98 50.99
TBD Rate for all other Services, Labor, Material, Lost or
Damaged Equipment City's Cost City's Cost
DAYCAMPING
5583 Day Camp 5 days + T-shirt
Resident Each 62.12 64.67
Non-Resident Each 93.18 97.00
Additional T Shirt Each 6.21 6.46
5583 Day Camping (6 hrs min.) Groups to 50
Resident Per Day 18.64 19.40
Non-Resident Per Day 24.85 25.87
5583 Day Camping (6 hrs min.) Groups to 51-100
Resident Per Day 24.85 25.87
Non-Resident Per Day 37.27 38.80
5583 Day Camping (6 hrs min.) Groups Over 100
Resident Per Day 37.27 38.80
Non-Resident Per Day 55.91 58.20
PICNICAREAS
5583 Picnic Areas (4 hr. min) Groups to 50
Resident per. Hour. 7 45 7 76
Non-Resident Per Hour 14.91 15.52
5583 Picnic Areas (4 hr. min) Groups to 51-100
Resident Per Hour 11.18 11.64
Non-Resident Per Hour 17.39 18.10
26
75A-42
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
5583 Picnic Areas (4 hr. min) Groups to 100-200
Resident Per Hour 16.15 16.81
Non-Resident Per Hour 24.85 25.87
5583 Picnic Areas (4 hr. min) Groups Over 200
Resident Per Hour 21.12 21.99
Non-Resident Per Hour 37.27 38.80
SNOWMOBILES AND OTHER EQUIPMENT
5583 Show Mobile, Portable Stage, Mobile Bleacher
Standard
Commercial Rentals Per Day 310.60 323.33
Schools, Non-profit, Government Per Day 161.51 168.13
Professional
Commercial Rentals Per Day 358.38 373.07
Schools, Non-profit, Govemment Per Day 179.19 186.54
Supervision Cost (Mandatory) Per Hour 31.06 32.33
Mobile Bleacher * 4 Hour Minimum Per Hour* 31.06 32.33
Mobile Bleacher Additional Hour Per Hour 24.85 25.87
5583 Dunk Tank
Rental Per Day 62.12 64.67
Set-up/Take down Per Reservation 59.73 62.18
ATHLETIC FIELDS AND FACILITIES
5583 Multi-Purpose Field Fees
Adult Non- ResidenU Profit Per Hour 22.78 23.71
Adult Non- ResidenU Non-Profit Per Hour 19.94 20.76
Adult Resident/ Profit Per Hour 14.24 14.82
Adult ResidenU Non-Profit Per Hour 11.39 11.86
Youth Non-ResidenU Profit Per Hour 8.54 8.89
Youth Non-Resident/Non-Profit Per Hour 5.70 5.93
Youth ResidenU Profit Per Hour 2.85 2.97
Youth ResidenU Non-Profit Per Hour 1.42 1.42
5583 Multi-Purpose Court Fees
Adult Non- Res/Profit Per Hour 11.39 11.86
Adult Non- Res/ Non-Profit Per Hour 9.97 10.38
Adult ResidenU Profit Per Hour 7.12 7.41
Adult ResidenU Non-Profit Per Hour 5.70 5.93
27
75A-43
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
Youth Non-ResidenU Profit Per Hour 4.27 4.45
Youth Non-Resident/Non-Profit Per Hour 2.85 2.97
Youth ResidenU Profit Per Hour 1.42 1.48
Youth ResidenU Non-Profit Per Hour 0.71 0.71
5583 DYSC Reservation Fee- No Admission
Adult Non- ResidenU Profit Per Hour 63.10 65.69
Adult Non- ResidenU Non-Profit Per Hour 55.22 57.48
Adult ResidenU Profit Per Hour 39.44 41.06
Adult ResidenU Non-Profit Per Hour 31.55 32.84
Youth Non-ResidenU Profit Per Hour 23.66 24.63
Youth Non-Resident/Non-Profit Per Hour 15.78 16.43
Youth ResidenU Profit Per Hour 7.89 8.21
Youth ResidenU Non-Profit Per Hour 3.94 3.94
5583 DYSC Reservation Fee- Admission
Adult Non- ResidenU Profit Per Hour 90.16 93.86
Adult Non- ResidenU Non-Profit Per Hour 78.89 82.12
Adult ResidenU Profit Per Hour 56.35 58.66
Adult ResidenU Non-Profit Per Hour 45.08 46.93
Youth Non-ResidenU Profit Per Hour N/A N/A
Youth Non-Resident/Non-Profit Per Hour N/A N/A
Youth ResidenU Profit Per Hour N/A N/A
Youth ResidenU Non-Profit Per Hour N/A N/A
DYSC Synthetic Turf Youth Field
135-149-6911-80422 Adult Non- ResidenU Profit Per Hour N/A N/A
Adult Non- ResidenU Non-Profit Per Hour N/A N/A
Adult ResidenU Profit Per Hour N/A N/A
Adult ResidenU Non-Profit Per Hour N/A N/A
Youth Non-ResidenU Profit Per Hour 23.66 24.63
Youth Non-Resident/Non-Profit Per Hour 15.78 16.43
Youth ResidenU Profit Per Hour 7.89 8.21
Youth ResidenU Non-Profit Per Hour 3.94 3.94
5583 Athletic Facility Lights
Adult Non- ResidenU Profit Per Hour 27.06 28.17
Adult Non- ResidenU Non-Profit Per Hour 23.67 24.64
Adult ResidenU Profit Per Hour 16.91 17.60
Adult ResidenU Non-Profit Per Hour 13.53 14.08
28
7 5A-44
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
5831
5831
5831
5831
5831
Youth Non-ResidenU Profit Per Hour 10.15 10.57
Youth Non-Resident/Non-Profit Per Hour 6.76 7.04
Youth ResidenU Profit Per Hour 3.38 3.52
Youth ResidenU Non-Profit Per Hour 1.69 1.69
SANTA ANA STADIUM
Stadium Sporting Event (12-14 Hours) Fee
Adult Non- ResidenU Profit Per Day 1,262.13 1,313.88
Adult Non- ResidenU Non-Profit Per Day 1,104.36 1,149.64
Adult ResidenU Profit Per Day 788.83 821.17
Adult ResidenU Non-Profit Per Day 631.06 656.93
Youth Non-ResidenU Profit Per Day 473.30 492.71
Youth Non-Resident/Non-Profit Per Day 315.53 328.47
Youth ResidenU Profit Per Day 157.77 164.24
Youth ResidenU Non-Profit Per Day 7g.gg 78.8g
Stadium Sporting Events Fee
Adult Non- ResidenU Profit Per Hour 105.60 109.93
Adult Non- ResidenU Non-Profit Per Hour 92.40 96.19
Adult ResidenU Profit Per Hour 66.00 68.71
Adult ResidenU Non-Profit Per Hour 52.80 54.96
Youth Non-ResidenU Profit Per Hour 39.60 41.22
Youth Non-Resident/Non-Profit Per Hour 26.40 27.48
Youth ResidenU Profit Per Hour 13.20 13.74
Youth ResidenU Non-Profit Per Hour 6.60 6.60
Local high schools and colleges + Security
Flat Fee Per Day 1,304.52 1,358.01
Playoff Games + Security
Colleges, Universities, League or Conference Playoff
Games for NCAA, ETC.
Flat Fee plus security Per Day 1,615.12 1,681.34
Stadium Concession Building (see Section I)
Commercial Events/Admin. 7500 and over
Both Grandstands Per Day 10,086.34 10,499.88
West Grandstand Only Per Day 5,043.17 5,249.94
West Grandstand and Field Level Seating Per Day 7,564.76 7,874.92
Both Grand stands and Field Level Seating Per Day 15,129.51 15,749.82
29
75A-45
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPAR'rMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
5831 Commercial Events/Extra Day
Move-in, if available: Flat Fee Per Day 993.92 1,034.67
5831 Events/Solicit Donations
No admission charge Per Day 3,540.84 3,686.01
5831 Santa Ana Stadium/Filming Fee
One to Two Days Per Day 2,049.96 2,134.01
Three or more consecutive days Per Day 1,801.48 1,875.34
5831 Santa Ana Stadium -Television Rights Per Event 619. 60 to 3,106.82 645.00 to 3,234.20
5568 Santa Ana Stadium Graphics Operator Per hour N/A 75.00
5569 Santa Ana Stadium Advertising Fee (per advertiser)
Group 1 Per Day N/A N/C
Group 2 Per Day N/A 40.00
Group 3 Per Day N/A 50.00
Group 4 Per Day N/A 60.00
Group 5 Per Day N/A 80.00
See Section I, All Departments, Building Rental Fees, for group descriptions
AQUATICS
5592 General Admin. Adult-Pools Fee 2.00 2.00
5592 General Admin. Child-Pools Fee 1.00 1.00
5592 Swim Lessons -Two Week Session
Child Per Child 31.41 32.70
Adult Per Adult 36.65 38.15
5592 Swim Lessons: Non-Profits for Red Cross Certification
Minimum 10 children with 1 adult Per Child 12.76 13.28
5592 Pools Rental, to 75 people, includes 2 Lifeguards -Day Rates
Resident Per Hour 83.62 87.05
Non-Resident Per Hour 101.54 105.70
5592 Pools Rental, 75+ people, includes 3 Lifeguards -Day Rates
Resident Per Hour 125.43 130.57
Non-Resident Per Hour 143.35 149.23
5592 Swim Team monthly fee Per Child 31.41 32.70
30
75A-46
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
5592 Lifeguard per additiona175 people Per How 17.92 18.65
Note: Pool rental charges are for nonprofit, private and swim teams.
TENNIS
5561 Tennis-First & Flower/weekdays
gam-4pm Per How 2.00 2.00
4pm-dusk Per How 2.00 2.00
with lights Per How 4.00 4.00
5561 Tennis: Non-profit reservations per hour
Resident Per How 1.00 1.00
Non-Resident Per How 2.00 2.00
OTHER RECREATION PROGRAMS
5558 Sports, Adult
SoftbalUFast Pitch Per Team 567.44 590.71
SoftbalUSlow Pitch Per Team 418.12 435.26
Forfeit Fee, Refundable Per Team 59.73 62.18
Basketball Per Team 447.98 466.35
5558 Sports, Adult: City Soccer League- No Lights Per Game 39.90 41.54
City Soccer League- With Lights Per Game 57.00 59.34
5564 Sports, Youth: Registration for Baseball, T-Ball,
Basketball, Flag football, Kickball, Softball, Soccer, and
Volleyball.
Reg. per person/sport (includes T-shirt) Each 13.78 14.34
Shirt-Extra Each 9.28 9.66
Cap-Extra Each 9.28 9.66
Shirt & Cap-Extra Set 17.40 18.11
5570 Santa Anita Soccer Program
Recreational participants Each, per week N/A 3.00
Competitive participants Each, per week N/A 6.00
5553 After School Adventure Program Per Child 17.92 18.65
Additional Child 8.96 9.33
5553 Vacation Recreation Program
Resident-per week Per Child 41.81 43.52
Non-Resident Fee Per Registration 11.95 12.44
31
75A-47
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
5553 Family PRIDE Fees
Excursion Bus Fees Per Child 2.20 2.29
Per Adult 3.31 3.45
Family Annual Membership Fee Per Family 55.12 57.38
Campout Per Family 27.56 28.69
Halloween Dance Per Child 1.10 1.15
Per Adult 3.31 3.45
Christmas Dinner Per Child 5.51 5.74
Per Adult 7.72 8.04
Parent Dinner Dance Per Person 16.54 17.22
Per Couple 27.56 28.69
Teen Club Annual Membership Per Member 16.54 17.22
Teen Dance Per Person 3.31 3.45
5553 Excursion Bus Fee Per Child 3.31 3.45
Per Adult 5.51 5.74
SANTA ANA ZOO AT PRENTICE PARK
5585 Zoo Admissions (Full-day)
Adult Each 6.00 6.00
Child/Senior Each 3.00 3.00
Handicapped Children Each Free Free
Friends of Zoo Each Free Free
Groups:
Adult (w/ schools, scouts, etc.) Each 4.00 4.00
Child/Senior Each 2.00 2.00
Handicapped Each Free Free
5585 Zoo Admissions (Half-day, after 2:00 PM, Monday-Friday)
Adult Each 6.00 3.00
Child/Senior Each 3.00 1.50
5587 Zoo Education Programs:
Rates to be established and advertised by the Executive Director of
Recreation & Community Services Agency, through fliers or
other media.
JOINT USE FEES
5805-1 Hector Godinez Reservation Surcharge Per Reservation 10.00 10.00
5805-1 Hector Godinez Field Lights Per Hour 8.65 N/A
Football Field Per Hour 8.65 12.00
Baseball Field Per Hour 8.65 16.00
32
75A-48
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES
Soccer Field Per Hour 8.65 12.00
Classroom Per Hour 8.65 2.00
Gymnasium Per Hour 8.65 21.00
Performing Arts Center Per Hour 8.65 49.00
Black Box Per Hour 8.65 11.00
Outdoor Basketball Per Hour 8.65 4.00
5805-1 Hector Godinez Participant Fee Per Participant 1.00 1.00
OTHER SPECIAL FEES
51-01-5799-OS Adult Soccer Reservation Surcharge Per Game 26.28 27.36
5924 Filming Permit Fee Per Day 358.38 373.07
Program administered by Parks, Recreation & Community Services
5583 Park Facilities/Reservation/Audio Permits
Resident Each 37.27 38.80
Non-Resident Each 49.70 51.74
5583 Public Space Special Event Fee-Commercial Per Day 1,490.88 1,552.01
998-01-5999-10 8 Park Facilities Deposit Per Reservation 100.00 to 500.00 100.00 to 500.00
The appropriate deposit for each facility will be determined by the
Executive Director of Parks, Recreation and Community Services
TBD Other Recreation and Aquatic Programs
Rates to be established and advertised by the Executive Director of Parks,
Recreation and Community Services Agency through fliers or other media.
301-01-5070 Park Acquisition and Development Fees
5 bedrooms Each 5,593.81 5,823.16
4 bedrooms Each 5,027.82 5,233.96
3 bedrooms Each 4,540.70 4,726.87
2 bedrooms Each 3,384.36 3,523.12
1 or less Each 2,540.01 2,644.15
33
75A-49
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FE
ES FEES
SECTION IX PLANNING & BUILDING AGENCY
5711 Accelerated Records Research Fee Per Hour 70.00 72.50
5451 Adult Entertainment Land Use Permit Fee 860.00 895.00
5711 Aerial Photos
Individual Sheets Per Sheet 23.80 24.75
Complete Set Per Set 730.00 755.00
5451 C-3 Parking Waiver Per Waiver 280.00 290.00
5451 Certificate of Compliance Certificate 875.00 910.00
5451 Amendmant Application (A.A.)
Change of Zone or District Fee 2,365.00 2,460.00
5450 Change of Site Address Request Fee 159.00 165.00
5451 Conditional Use Permit
Application Fee Fee 2,370.00 2,465.00
Appeal Fee Fee 1,780.00 1,850.00
Condition Modification Fee 1,175.00 1,220.00
5451 Conditional Use Permit
With a PC&N Determination (ABC License) Fee 2,370.00 2,465.00
5451 Conditional Use Permit
Planned Residential Development
Application Fee Fee 2,960.00 3,080.00
Appeal Fee Fee 2,215.00 2,305.00
5451 Conditional Use Permit (CUP) -Coffee House Entertainment CUP Fee 192.00 199.00
5451 Development Agreement/Review
Deposit: (Nonrefundable deposit required initially) Deposit 3,775.00 3,925.00
Plus Reimburse City for Actual Cost
5451 General Plan Amendment
Flat Filing Fee Flat Fee 2,960.00 3,080.00
5711 General Plan Elements (Text) Per Set Actual Cost Actual Cost
5711 General Plan (Complete Text) Per Set Actual Cost Actual Cost
5711 General Plan Workbooks Per Set Actual Cost Actual Cost
34
75A-50
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5450 Land Use Certificate
Category 1
Bazaars, Fiestas, Rummage Sales Per Certificate 159.00 165.00
5450 Category 2
Sidewalk Sales, Parking Lot Sale, Outdoor
Actions, Mobile Medical and Veterinary units,
Outdoor Booths Per Certificate 159.00 165.00
5450 Category 3
Carnival, Circus, Outdoor Music, Concert,
Arcade, ABC Licenses
Flat Fee Per Certificate 730.00 755
00
5450 Category 4 .
Antennas/Dishes
Flat Fee Per Certificate 325.00 335.00
Plus if over 35 feet, additional fee Per Certificate 71.00 73.00
5450 Category 5
Exterior Telephones (Pay Phones)
First Pay Phone Fee 192.00 199.00
Per Additional Pay phone Each 30.00 31.00
5450 Category 6
Small Collection (Recycling) Facilities Fee 325.00 335.00
5450 Land Use Certificate Appeal Fee Appeal fee shall be
assessed at 50% of
the application fee.
5711 Land Use Map Per Map Actual Cost Actual Cost
5453 Landscape Plan Review
Residential Projects Fee 129.00 134.00
Non-Residential Projects Fee 325.00 335.00
Per Inspection after the 2nd Inspection Fee 62.00 64.00
5451 Lot Line Adjustment
Filing Fee Fee 1,105.00 1,150.00
Appeal Fee Fee 645.00 670.00
5451 Minor Exception
Filing Fee Fee 880.00 915.00
Appeal Fee Fee 645.00 670.00
5451 Minor Exception--Fences Fee 420.00 435.00
5450 Home Occupation
Permit Fee 170.00 175.00
Appeal Fee 645.00 670.00
35
75A-51
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES
FEES
SECTION IX PLANNING & BUILDING AGENCY
5450 New Single Family Residence Review Fee 415.00 430.00
5450 Off-Premise Advertising Permit
Application Fee Fee 880.00 915.00
Appeal Fee Fee 645.00 670.00
5451 Appeal of Planning Manager's/Zoning Administrator's Each 440.00 450.00
Decision
5451 Parcel Map
Extension Fee 215.00 223.00
Tentative
Flat Filing Fee Fee 1,110.00 1,155.00
Plus per Lot Fee Fee 23.00 23.75
Appeal Fee Fee 835.00 865.00
5407 PazcelVoluntaryMergerApplicationFee Fee 1,105.00 1,150.00
5451 Residential Relocation
Filing Fee Fee 880.00 915.00
Appeal Fee Fee 550.00 570.00
5450 Second Dwelling Unit Review Fee 415.00 430.00
5711 Sectional Districts Maps
Individual Sheets Per Map Actual Cost Actual Cost
Complete Set Per Set Actual Cost Actual Cost
5450 Sign Permit Review Fee 235.00 244.00
5450 Planned Sign Program Review Fee 280.00 290.00
Appeal Fee 435.00 450.00
5450 Sign Program Amendment Fee 140.00 145.00
5450 Sign Review/Pennit Appeal Fee 440.00 450.00
5451 Specific Development Zone
Fee (No Additional Dwelling Unit Fee) Fee 2,960.00 3,080.00
5450 Temporary Sign Permit 62.00 64.00
5450 Temporary Trailer Permit Fee 159.00 165.00
5450 Appeal Fee Fee 75.00 78.00
5711 Subdivision Ordinance Each City's Cost City's Cost
36
75A-52
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5409 Site Plan Review
$20,000 to $49,900 valuation Each 535.00 555.00
$50,000 to $100,000 valuation Each 815.00 845.00
Greater than $100,000 valuation Each 1,520.00 1,580.00
5451 Tract Map
Tentative
Filing Fee Fee 2,590.00 2,695.00
Plus Each Lot Fee 30.00 31.00
Plus Each Dwelling Unit Fee 70.00 72.50
Appeal Fee Fee 1,955.00 2,035.00
Extension Fee Fee 220.00 229.00
5451 Underground Utilities Waiver
Flat Filing Fee Fee 159.00 165.00
Appeal Fee Fee 75.00 78.00
5711 Zoning Ordinance Booklets Per Booklet 36.00 37.00
5451 Variance
Filing Fee Fee 2,370.00 2,465.00
Appeal Fee Fee 1,780.00 1,850.00
Condition Modification Fee 1,175.00 1,220.00
5410 DP Fee (Project Coordination Charge) Bldg. Valuation
5452 Environmental Impact Report Fee Mini mum
5452 Negative Declaration with studies and mitigation
(Requiring Traffic Study)
nonrefundable
deposit of $11,700 or
10% of consultant
fees whichever
is greater, plus
reimbursement to
to the City for any
other additional
costs accrued.
Fee Minimum
nonrefundable
deposit of $5,800 or
10% of consultant
fees whichever
is greater, plus
reimbursement to
to the City for any
other additional
costs accrued.
37
75A-53
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5452 Negative Declaration with studies and mitigation Fee Minimum
(No Traffic Study) nonrefundable
deposit of $2,920 or
10% of consultant
fees whichever
is greater, plus
reimbursement to
the City for any
other additional
costs accrued.
5452 Negative Declaration without studies Each 725.00 750.00
5452 Categorical Exemption / Environmental Determination Each 215.00 220.00
5406 Mobile Vending Fee Each 445.00 460.00
5222 Vendor Merchandise Release Fee
Street/pushcart vendors Incident 140.00 145.00
5911 Re-Inspection Fees
First assessment Each 70.00 72.50
Second assessment Each 103.00 107.00
Third assessment Each 141.00 145.00
5911 Extension Fee (Notice of Violation) Each 209.00 215.00
5579 Dangerous and Abandoned Building Fee Fee 40% of board up fee
or $200, whichever is greater.
5711 Nonconforming Status Letter Each 70.00 72.50
5597-509 Code Enforcement and Hearing Examiner Fee Per Hour 103.00 107.00
5597-509 Monitoring Fee Per Hour 118.00 122.00
Minimum 118.00 122.00
5451 Public Convenience & Necessity Determination Per Application 880.00 915.00
5410 Accelerated Development Project Review Each City's Cost City's Cost
5411 Mitigation Monitoring
Fee due upon submission of site plan review Per Project 400.00 415.00
Fee due upon submission for Plan Check Per Project 850.00 880.00
38
75A-54
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION IX PLANNING & BUILDING AGENCY
5451 Historic Property Preservation Agreement
(Mills Act Application)
5711 Sale of Miscellaneous Items
(e.g., Informational Literature)
5404 Shopping Cart Containment Program
5212 Commercial Vehicle Violation: Private Property
First Violation
Second Violation
Third Violation
5215 Commercial Vehicle Violation: Public Streets
First Violation
Second Violation
Third Violation
Program administered by Police Department
5212 Yard Parking Violation
First Violation
Second Violation
Third Violation
Pursuant to SAMC Sec 41-6071(e)
5212 Displaying Vehicle For Sale
First Violation
Second Violation
Third Violation
Pursuant to SAMC Sec 41-1301(a)
39
75A-55
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
Each 192.00 199.00
City's Cost City's Cost
Annual Fee 550.00 570.00
59.00 61.00
92.00 95.00
116.00 120.00
59.00 61.00
92.00 95.00
116.00 120.00
59.00 61.00
92.00 95.00
116.00 120.00
59.00 61.00
92.00 95.00
116.00 120.00
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION IX PLANNING & BUILDING AGENCY
GENERAL PROVISIONS
Unless otherwise provided, payment of fees and chazges as
established herein shall be made to the Executive Director
of the Planning and Building Agency or his/her authorized
representative at the time of initial application or request for
the permit or service for which a fee is chazged or imposed.
No permit shall be issued to any person, firm or corporation
unless all fees therefore have been paid in full.
Exception: Waiver of Fee
No permit or plan check fees required by this resolution will
be charged for public improvement projects performed by
construction contractors and subcontractors pursuant to contract
with the City of Santa Ana or the Community Redevelopment
Agency of the City of Santa Ana nor for any work performed by
employees of the City in the course of their employment.
However, this fee waiver does not exempt any party from
obtaining a permit for such work nor exempt such party from
conforming to the procedures established by the City nor from
compliance with all applicable City and State ordinances
regulating such work.
REFUNDS
Upon written request from the permittee, refunds of permit
fees may be made to the permittee in an amount equal to 80%
of the permit fee, exclusive of the plan check and issuance
fee; except that no permit fees shall be refunded under any
of the following circumstances:
(1) 180 days has elapsed from the date of the issuance
of the permit
(2) inspections have been performed by the Building Safety
Division
If a permit has been issued for a project located in an azea
outside of the jurisdiction of the City, 100% of the permit
and plan check fee may be refunded. If a permit has been
erroneously issued, 100% of the permit and plan check fee
may be refunded.
If a plan check fee has been paid and the plan is withdrawn
by the applicant prior to the plan check, refunds of plan
check fees may be made to the permittee in an amount equal
to 100% of the plan check fee in excess of $36.75 paid,
however, no plan check fee shall be refunded under any of the
followin g circumstances
40
FY 07-08
UNIT FEES
35.50
PROPOSED
FY 08-09
FEES
36.75
75A-56
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5911 SPECIAL INVESTIGATION FEE 74.00 77.00
5912
5913 A special investigation fee shall be charged by the Building
5914 Official for any investigation of a building structural work,
5915 reports, certification, or any other related work requested by
5918 an owner or his authorized agent. Said fee shall be assessed
in an amount sufficient to reimburse the City for the costs
actually incurred by the City based upon a rate of $77.00 per hour
but in no case shall be less than $77.00.
5911 VIOLATION/INVESTIGATIONFEE8 74.00 77.00
5912
5913 When any work for which a permit is required has been
5914 commenced without the authorization of such permit, an
5915 investigation maybe required before a permit will be issued
5918 for such work. An investigation fee shall be assessed in an
amount sufficient to reimburse the City for costs actually
incurred by the City based on a rate of $77.00 per hour but
in no case less than $77.00 shall be collected.
5911 PENALTY FEES 185.50 193.00
5912
5913 In addition to the investigation fee and regular permit fee, a
5914 penalty in an amount equal to the amount of the total permit
5915 fee shall be required, but in no case less than $193.00
5918
5911 EXPEDITED COPY REQUEST Per Hour 50.50 52.50
Whenever a request is received for expedited documentation
of a written report, or for records or plans.
] 1-417 APPROVAL FOR BUSINESS Each 73.00 75.00
CERTIFICATE OF OCCUPANCY
Whenever a Business License Tax application requires
approval of a Business Certificate of Occupancy each
application shall be accompanied by the payment of a
nonrefundable application processing fee of $29.00
and an inspection fee of $46.00 which shall be refunded if
an inspection proves to be unnecessary.
5911 DEMOLITION PERMIT 74.00 77.00
The fee for a permit to demolish a building or structure shall
be based upon the contract price but in no case less than the
minimum building permit fee of $77.00.
098-O1-3611 When a building is demolished, the owner shall provide the
City with a cash or surety bond as described in Section 8-1768
through 8-1771 of the Santa Ana Municipal Code. For the
purpose of lot cleanup and capping of the sewer lateral, the
41
75A-57
RESOLUTION 2008
PROPOSED
REVENUE FY 07-OS FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
value of the bond is to be established by the Building Official
but in no case shall the bond be less than $1,000.00 per
building. A single family dwelling and garage shall be
considered as one building for bonding purposes.
Note: A demolition permit
fee is separate from and additional
to the fee for any other permit
which may be required by code
provisions other than those
specifically regulating
demolition
5911 FLOODPLAIN CONSTRUCTION Each 223.00 232.00
STANDARDS VARIANCES
The fee for an application for a variance from the floodplain
construction standazds of the City.
5911 APPEALS Each 1,033.00 1,075.00
The fee for an appeal of a ruling of the Building Official to
the Planning Commission (SANG Section 806.254) shall be
payable at the time of filing of the appeal.
5911 RELOCATION INSPECTIONS
The fee for an inspection on a building or structure, as
required for its proposed relocation.
Main building or structure Each 372.00 387.25
Accessory structure Each 74.00 77.00
Inspection for structures located outside of the City Per Mile 0.73 0.76
Travel time Per Hour 74.00 77.00
5401 APPLICATION PROCESSING AND
PLAN CHECKING FEES
An application processing fee and plan checking fee shall be
paid to the Building Official at the time of submitting plans
for checking. Such fee shall be equal to 65% of the building
permit fee as set forth in this resolution. For all buildings,
such fee shall also include a surcharge for state mandated
energy conservation enforcement equal to $22.00 for each
1,000 square feet of building area, or fraction thereof, up to
4,000 square feet, and $11.00 for each additional 1,000
square feet or fraction thereof. For any plan submitted which
is subject to the disabled accessibility requirements of Title 24,
California Code of Regulations, a surchazge of 10% of the
basic plancheck fee shall be required.
42
75A-58
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5911 OSHPD CERTIFICATION FEE
5401
Whenever plans are submitted for the construction of specialized
medical clinics which require by law certification of compliance with
requirements set forth by the Office of Statewide Health Planning
and Development (OSHPD-3 certification), a building permit fee will
be paid to the Building Official equivalent to 1 % of the construction
valuation. An additional plan check fee equivalent to .65% of the
construction valuation will be paid to the Building Official at the time
plans aze submitted for plan check. This fee does not preclude other
applicable fees which are normally assessed by the City.
591 I MICROFILM RECORDS Each Sheet 2.90 3.00
Whenever plans aze submitted which aze required by any law
or City procedure to be maintained as a permanent record,
the following fees aze to be chazged for the purpose of
creating and maintaining permanent files.
5401 RESEARCH AND PROCESSING FEES
5402
5403 Whenever the Building Official is requested to approve Each 223.00 232.00
5405 alternate materials or methods of construction in accordance
with the Building Code, Plumbing Code, Mechanical Code or
the Administrative Code provisions for the Electrical Code.
Whenever the Building Official is requested to approve a Each 223.00 232.00
modification of code in accordance with the Building Code,
Plumbing Code, Mechanical Code or the Administrative Code
provisions for the Electrical Code.
5401 STRUCTURAL ENGINEERING PLANCHECK
Fees for structural engineering plancheck services for structures
requiring a dynamic structural analysis in accordance with
Chapter 16 of the Building Code, or in accordance with State
AB 3249, shall be chazged to the applicant. Said chazge shall
be the actual costs incurred by the Ciry for such service and
shall be paid in addition to other applicable fees listed herein.
SPECIAL INSPECTOR REGISTRATION FEE Each 74.00 77.00
Inspection
The fee foc registration of special inspectors in accordance Specialty
with Section 8-100 of the Santa Ana Municipal Code.
5401 BUILDING PLAN CHECK FEE FOR IDENTICAL,
RESIDENTIAL R-3, WITH DETACHED OR ATTACHED
GARAGES:
Models Only 100%
All other identical plans 50%
5402 ELECTRICAL, PLUMBING AND MECHANICAL PLAN
43
75A-59
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5403 CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3,
5405 WITH DETACHED OR ATTACHED GARAGES:
Models Only 100%
All other identical plans 50%
5911 CHANGE INCORRECT ADDRESS
5911 CHANGE OWNER OR CONTRACTOR
098-01-3611 NOTICE OF VIOLATION AND
NOTICE AND ORDER BONDS
Prior to issuance of permits to correct work required by a
Notice of Violation or Notice and Order, the Building Official
may require a cash or surety bond as described in Sections
8-1769, 8-1770 and 8-1771 Santa Ana Municipal Code. The
amount of the bond shall be established by the Building
Official, but shall not be less than $200.00 for each Notice
of Violation or Notice and Order.
5621-0508 ACCELERATED PLAN CHECK FEE
FIELD PLAN CHECK FEE
5401 PRELIMINARY REVIEW OF BUILDING
STANDARDS COMPLIANCE
098-01-3611 SIGNS
When a permit is required for an illuminated or non-illuminated
sign, the owner shall provide the City a cash or surety bond
as described in Section 8-1768 through 8-1771 of the Santa Ana
Municipal Code. The amount of the bond shall be established
by the Building Official, but shall not be less than $200.00 per
address.
591 ] TEMPORARY CERTIFICATE OF OCCUPANCY
SPECIFIC CODE FEES AND CHARGES
5911 BUILDING CODE
Any person desiring a permit required by the Building Code
shall, at the time of filing an application fee of $6.00
towards the State Mandated Training Program and pay a fee
equal to $30.75 plus the sum of the fees for the work to be
done under the permit as set forth in the following schedule.
There is no minimum fee for the issuance of a permit for
single family residences and duplexes.
44
Each 50.50 52.50
Project
Each 50.50 52.50
Project
Per Hour 109.00 113.00
Minimum Fee 74.00 77.00
Per Hour
Minimum Fee 74.00 77.00
Per Hour
Each Project 406.00 422.50
Each Permit 35.50 36.75
75A-60
RESOLUTION 2008
REVENUE FY 07-08
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES
SECTION IX PLANNING & BUILDING AGENCY
The determination of total valuation shall be made by the
Building Official. The value to be used shall be the total
value of all construction work for which the permit is issued
using the building valuation data based upon in the most
recent edition of Building Standazds published by the
International Conference of Building Official. The value of
work performed as a remodel and other valuations not
published by the International Conference of Building
Officials shall be deternilned by the Building Official.
5911 PARKING LOT RESURFACING AND/OR REPAINTING
Existing parking lot resurfacing and/or repainting, fee shall
be based on the value of the work performed.
59l 1 UNDERGROUND TANK REMOVAL
Underground tank removal and backfill fee shall be based
upon valuation.
5911 EXCAVATION FOR SOIL CONTAMINATION
Excavation and backfill related to soil contamination fee shall
be based upon valuation.
BUILDING PERMIT FEE SCHEDULE
(FEES BASED UPON VALUATION OF WORK)
TOTAL VALUATION FEE
$1.00 TO $500.00 $21.00
$50].00 TO $2000.00 $21.00 for the first $500.00 plus $3.25
for each additional $100.00 or fraction
thereof, to and including $2,000.00
$2,001.00 TO $25,000.00 $69.75 for the first $2,000.00 plus $10.50
for each additional $1,000.00 or fraction
thereof, to and including $25,000.00
$25,001.00 TO $50,000.00 $311.25 for the first $25,000.00 plus $7.55
for each additional $1,000.00 or fraction
thereof, to and including $50,000.00
$50,001.00 TO $100,000.00 $500.00 for the first $50,000.00 plus
$5.40 for each additional $1,000.00
or fraction thereof, to and including
$100,000.00
$100,001.00 TO $500,000.00 $770.00 for the first $100,000.00 plus
$4.10 for each additional $1,000.00
or fraction thereof, to and including
$500,000.00
45
PROPOSED
FY 08-09
FEES
75A-61
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
$500,001.00 TO $1,000,000.00 $2,410.00 for the first $500,000.00 plus
$3.60 for each additional $1,000.00
or fraction thereof, to and including
$1,000,000.00
$1,000.001.00 AND UP $4,210.00 for the first $1,000,000.00
plus $2.20 for each additional
$1,000.00 or fraction thereof.
5911 1) Inspections outside of normal business hour
(4 hour minimum charge for Holidays, Saturday or
Sunday Inspections) Per Hour 74.00 77.00
5911 2) Re-inspection fee assessed under applicable provisions
of the Building Code Per Hour 74.00 77.00
5911 3) Inspections for which no fee is specifically
indicated (minimum chazge -one (1) hour) Per Hour 74.00 77.00
5401 4) Additional plan review required by changes, additions,
or revisions to approved plans (minimum charge -one (1) hr.) Per Hour 74.00 77.00
5913 ELECTRICAL CODE
Any person desiring a permit required by the Electrical Code Each Permit 35.50 36.75
shall, at the time of filing an application , pay a fee of $6.00
towazds the State Mandated Training Program and pay a fee
equal to $30.75 plus the sum of the fees for the work to be
done under the permit as set forth in the following schedule.
There is no minimum fee for the issuance of a permit for
single family residences and duplexes. The minimum total
fee for issuance of a permit for all other uses shall be $60.00 57.75 60.00
Note: An Electrical Code permit
fee is separate from and additional
to the fee for any other permit which
may be required by code provisions
other than the Electrical Code.
FEE SCHEDULE
5913 1) For new construction and relocation on residential
single family and duplexes:
Six cents ($.06) per square foot per floor plus $30.70 per
service meter shall only include receptacle, switch and
lighting outlets. All other fees shall apply. Per SF 29.50 30.70
Six cents ($.06) per square foot for detached or attached garages or
carports shall only include receptacle, switch and lighting outlets.
All other fees shall apply.
5913 2) Receptacles, outlets, light fixtures and general use switches, Each 0.92 0.96
each
46
75A-62
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5913 3) Each air conditioner Each
5913 4) Each self-contained factory wired approved unit, such as
home appliances, heaters, vegetable cases, drinking fountain,
heating appliances, multiple outlet assemblies, etc. Each
5913 5) Busways, special raceways, under floor ducts, trolley or
plug-in busways each one hundred (]00) feet or fraction Each 100'
thereof
5913 6) Fire alarm communications, data control systems, smoke
detectors and low voltage system:
Commercial (charge by number of devices):
0 - 10 total devices Each
10 or more total devices
Each control panel, standby power supply panel,
annunciator panel or similar main piece of
control equipment for one of the above systems. Each
Residential (charge by number of dwelling units):
Residential unit (1)
Each add'1 residential unit in amultiple-dwelling
occupancy Each
Each add'1 residential unit over 20 in a hotel, motel,
boazding house or lodge Each
5913 7) Dedicated circuit Each
5913 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor
Control Center, or similar equipment changes or additions.
599 volts or less, under 400 amps. Each Meter
599 volts or less, 400 amps and less than 1200 amps. Each Meter
598 volts or less, 1200 amps and over. Each Meter
5913 9) Signs and high-potential gas tube lighting, each Each
Note: This shall include all necessary control equipment
5913 10) Swimming pool, fountain, spas, each Each
5913 11) Above ground spas Each
5913 12) Temporary power- construction:
For services supplying a temporary power pole,
pedestal or piggyback Each
39.50 41.10
9.75 10.15
9.75 10.15
20.75 21.6
1.70 1.75
9.75 10.15
21.25 22.10
12.75 13.25
7.75 8.05
9.75 10.15
29.50 30.70
74.00 77.00
148.50 154.50
29.50 30.70
65.25 67.90
21.00 21.85
51.25 53.35
47
75A-63
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PL ANNING & BUILDING AGENCY
For a system of distribution and utilization of poles
for temporary construction power, each pole Each Pole 9.75 10.15
5913 13) Temporary construction lighting:
500 lamps or less 4.45 4.60
Over SOO lamps 7.70 8.00
5913 14) Temporary services:
At the time of application for temporary power, the owner
shall post a $1,000.00 cash or cashier's check conforming to the
Santa Ana Municipal Code Section 8-1768 for each service
meter. This deposit shall be released upon request after the
Certificate of Completion or Certificate of Occupancy is issued.
Temporary electric service prior to final approval or
occupancy, each meter Each Meter 185.50 193.00
Temporary work with service, each meter Each Meter 26.00 27.00
5913 15) Lighting standards:
With one (])fixture each Each 9.75 10.15
Each additional fixture on the same standard Each 2.85 2.95
5913 16) Time clock or photo electric cell, each Each 7.70 8.00
5913 17) Radiant ceiling heat per room Per Room 9.75 10.15
5913 18) Power apparatus: generators, motors, transformers,
rectifiers, synchronous converters, capacitors,
industrial heating, cooking or baking equipment, and
other apparatus as follows:
(Ratings -horsepower (HP), kilowatts (KW), and
Kilovolt amps (KVA))
Up to and including 1 HP, KW, KVA each Each 4.00 4.15
Over I and not over 10 HP, KW, KVA each Each 10.25 10.65
Over 10 and not over 50 HP, KW, KVA each Each 20.75 21.60
Over 50 and not over 100 HP, KW, KVA each Each 44.50 46.30
Over 100 and not over 500 HP, KW, KVA each Each 59.25 61.65
Over 500 HP, KW, KVA each Each 74.00 77.00
5913 19) Demolition, per project Per Project 28.75 29.90
48
75A-64
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY OS-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5913 20) Inspections outside of normal business hours (four hour
minimum chazge for Holidays, Saturday or Sunday Per Hour
inspections)
5913 21) Re-inspection fee assessed under applicable provisions
of the Building Code Per Hour
5913 22) Inspections for which no fee is specifically
indicated (minimum chazge -one (1) hour) Per Hour
5403 23) Additional plan review required by changes, additions, or
revisions to approved plans (minimum chazge -one (1) hour) Per Hour
ELECTRICAL PLAN CHECK FEES
Whenever electrical plans are required by the Building
Official, plan check fees shall be 65% of the electrical
permit fee and shall be paid at the time of submitting plans.
5915 MECHANICAL CODE
Any person desiring a permit required by the Mechanical Each Permit
Code shall, at the time of filing an application, pay a fee
of $6.00 towards the State Mandated Training Program
and pay a fee equal to $30.75 plus the sum of the fees for the
work to be done under the permit as set forth in the following
schedule. There is no minimum fee for the issuance of a
permit for single family residences and duplexes. The
minimum total fee for issuance of a permit for all other uses
shall be $60.00.
Note: A mechanical Code permit fee is separate from and
additional to the fee for any other permit which may be
required by Code provisions other than the Mechanical
Code.
FEE SCHEDULE
5915 1) For the installation or relocation of each forced-air or
gravity-type furnace or burner, including ducts and
vents attached to such appliance, up to and including Each
] oo,ooo BTUm
5915 2) For the installation or relocation of each forced-air
or gravity-type furnace or burner, including ducts
and vents attached to such appliance over 100,000 BTU/h Each
5915 3) For the installation or relocation of each boiler, compressor,
condensing unit or heat pump up to and including five
horsepower, or each absorption system to and including
100,000 BTU/h Each
74.00 77.00
74.00 77.00
74.00 77.00
74.00 77.00
35.50 36.75
57.75 60.00
25.75 26.80
36.75 38.25
44.50 46.30
49
75A-65
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5915 4) For the installation or relocation of each boiler,
compressor, condensing unit or heat pump over five
horsepower up to and including 30 horsepower or
for each absorption system over 100,000 BTU/h up
to and including 1,000,000 BTU/h Each 44.50 46.30
5915 5) For the installation, relocation of each boiler, compressor,
condensing unit or heat pump over 29 horsepower up to and
including 50 horsepower or for each absorption system over
1,000,000 BTU/h up to and including 1,750,000 BTU/h Each 54.00 56.20
5915 6) For the installation or relocation of each boiler, compressor,
condensing unit or heat pump over 49 horsepower, or each
absorption system over 1,750,000 BTU/h Each 74.00 77.00
5915 7) For each VAV control box or air handling
unit to and including 2,000 cubic feet per minute,
including ducts attached thereto Each 17.50 18.20
5915 8) For each VAV or air-handling unit over 2,000 cfm Each 25.75 26.80
Note: This fee shall not apply to anair-handling
unit which is a portion of a factory assembled
appliance, cooling unit, evaporative cooler or
absorption unit for which a permit is required else
where in this code.
5915 9) Outdoor dual packaged heating and cooling Each 44.50 46.30
5915 10) For the installation or relocation of each floor
furnace, including vent Each 25.75 26.80
5915 11) For the installation or relocation of each suspended
heater, recessed wall heater or floor-mounted unit heater Each 25.75 26.80
5915 12) Decorative fireplace Each 25.75 26.80
5915 13) For the repair of, alteration of, or addition to each heating
appliance, refrigeration unit, cooling unit, absorption
unit, or each heating cooling, absorption, or evaporative
cooling system, including installation of controls
regulated by this code Each 17.50 18.20
Note: Each HVAC system served by a VAV
control box is considered a separate system.
5915 14) For the installation of each Type I commercial
kitchen hood which is served by mechanical exhaust,
including the ducts for each hood Each 44.50 46.30
5915 15) For the installation of each Type II residential or
commercial kitchen hoods which is served by mechanical
exhaust, including the ducts for each hood Each 25.75 26.80
50
75A-66
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5915 16) For each ventilation fan connected to a single duct
(environmental air)
(a) Bathroom or toilet room exhaust.
(b) Laundry room exhaust.
(c) Residential range or oven exhaust.
(d) Other environmental air duct.
5915 17) Fan coil installation
5915 18) For each evaporative cooler other than portable type
5915 19) Incidental gas piping
5915 20) Fire damper installation, each
5915 21) Vent fan
5915 22) Approved fire extinguishing system
5915 23) For each appliance or piece of equipment regulated by this
code but not classed in other appliance categories,
for which no other fee is listed in this code
(a) Commercial gas-fired cooking equipment
(ranges, ovens, deep fryers, broilers, etc.)
(b) Clothes dryer and exhaust duct.
(c) Kilns, including hood and exhaust duct.
(d) Air compressor and related compressed air
piping for manufacturing process.
(e) Cooling tower
(f) Heat exchanger
(g) Exhaust fans for Type I or II Commercial
Kitchen Hoods.
(h) Electrostatic precipitator.
(i) Residential central vacuum cleaner system.
(j) Clean-room filter bank (HEPA)
(k) Humidifier.
(l) Duct heater.
(m) Condensate Pumps
(n) Etcetera.
5915 24) For the installation, relocation or replacement of each
appliance "vent" installed and not included in an appliance
permit
5915 25) Each process piping system
5915 26) For each ventilation system which is not a portion of any
heating or air-conditioning system authorized by permit
(a) Halon exhaust system.
(b) Wood sawdust collection system or similar collection
system (paper, plastic, metal filings, etc.)
51
Each 17.50 18.20
Each 29.50 30.70
Each 25.75 26.80
Each 17.50 18.20
Each 25.75 26.80
Each 25.75 26.80
Each 25.75 26.80
Each 25.75 26.80
Each 25.75 26.80
Each 74.00 77.00
Each 74.00 77.00
75A-67
RESOLUTION 2008
REVENUE
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE
SECTION IX PLANNING & BUILDING AGENCY
PROPOSED
FY 07-08 FY 08-09
UNIT FEES FEES
(c) Smoke evacuation and exhaust system for public
buildings, atrium, malls, etc.
(d) Crematory furnace and exhaust system.
(e) Each other product conveying duct system:
(1) Flammable vapors
(2) Fumes
(3) Smoke
(4) Heat
5915 27) For the installation or relocation of each domestic-
type incinerator Each
(Shall have permit and approval from S.C.A.Q.M.D.)
5915 28) For the installation or relocation of each commercial
or industrial-type incinerator Each
(Shall have permit and approval from S.C.A.Q.M.D.)
5915 29) Inspections outside of normal business hours
(4 hour minimum chazge for Holidays, Saturday or
Sunday inspections) Per Hour
5915 30) Re-inspection fee assessed under applicable provisions
of the Building Code Per Hour
5915 31) Inspections for which no fee is specifically indicated
(minimum charge -one (1) hour) Per Hour
5915 32) Additional plan review required by changes, additions
or revisions to approved plans (minimum charge -one (1) how Per Hour
MECHANICAL PLAN CHECK FEES
Whenever mechanical plans are required by the Building
Official, plan check fees shall be 65% of the mechanical
permit fee and shall be paid at the time of submitting plans
PLUMBING CODE
5912 Any person desiring a permit required by the Plumbing Code shall, Each Permit
at the time of filing an application, pay a fee of $6.00 towazds the
State Mandated Training Program and pay a fee equal to $30.75
plus the sum of the fees for the work to be done under the permit
as set forth in the following schedule. There is no minimum
fee for the issuance of a permit for single family residences
and duplexes. The minimum total fee for issuance of a permit
for all other uses shall be $60.00
(Note: A Plumbing Code permit fee is sepazate from and
additional to the fee for any other permit which maybe
required by code provisions other than the Plumbing Code.)
52
75A-68
17.50 18.20
74.00 77.00
74.00 77.00
74.00 77.00
74.00 77.00
74.00 77.00
35.50 36.75
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING 6c BUILDING AGENCY
FE E SCHEDULE
5912 1) For each plumbing fixture or trap or set of fixtures
on one trap (including water, drainage piping, and
backflow protection therefore) Each 8.75 9.10
5912 2) For each dental unit Each 17.50 18.20
5912 3) Medical gas piping system per 100' Per 100' 17.50 18.20
5912 4) For each building sewer Each 25.75 26.80
(a) Each additional connection Each 8.75 9.10
(b) Each additional 100 feet or fraction thereof Each 8.75 9.10
(c) Sewer/alteration/repair Each 17.50 18.20
5912 5) For each private sewage disposal system Each 53.50 55.65
5912 6) For each cesspool (where permitted) Each 25.75 26.80
5912 7) For each sewer cap Each 74.00 77.00
5912 8) For each fixture cap Each 4.70 4.85
5912 9) For each new gas piping system (includes one to
four outlets) Each 17.50 18.20
5912 10) For each gas outlet of five or more Each 2.80 2.90
5912 11) For the repair/replacement of a gas piping system
(includes one to four outlets) Each 17.50 18.20
5912 12) For the alteration addition to anexisting gas system
(includes one to four outlets) Each 25.75 26.80
5912 13) For each residential water heater and/or vent Each 8.75 9.10
5912 14) For each commercial boiler or water heater Each 44.50 46.30
5912 15) For installation, alteration, or repair of water
piping, each 100' Each 17.50 18.20
5912 16) Rain water piping (buried), each 100' Each 11.25 11.70
5912 17) Rainwater systems -per drain (inside building) Each 17.50 18.20
5912 18) Roof drain system, per drain Each 17.50 18.20
5912 19) Deck drains, per drain Each 6.20 6.45
53
75A-69
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5912 20) For each lawn sprinkier system on any one meter,
including backflow protection devices therefore Each 11.25 11.70
(atmospheric type only)
5912 21) For atmospheric-type vacuum breakers not included
in Item 20:
0 to 5 8.75 9.10
Over 5, each 2.80 2.90
5912 22) For each backflow protective device other than
atmospheric-type vacuum breakers:
2 inches and smaller 8.75 9.10
Over 2 inches 17.50 18.20
5912 23) For each pool trap Each 8.75 9.10
5912 24) For each pool heater Each 44.50 46.30
5912 25) For each industrial waste pretreatment interceptor
including its trap and vent, excepting kitchen-type
grease interceptors functioning as fixture traps Each 14.75 15.35
5912 26) For each residential water conditioner Each 8.75 9.10
5912 27) For each commercial water conditioner Each 17.50 18.20
5912 28) For repair or alteration of drainage or vent piping,
each fixture Each 17.50 18.20
5912 29) For each appliance, fixture or piece of equipment regulated
by this code but not classed in other categories,
for which no other fee is listed in this code Each 25.75 26.80
(a) Sewage Ejector
(b) Sump Pump
(c) Hot Water Storage Tank
(d) Heat Exchanger
(e) Cooling Tower
(f) House Booster Pumps
5912 30) Temporary Gas Service Each 185.50 193.00
At the time of application for temporary power, the owner
shall post a $1,000.00 cash or cashier's check for each service meter.
This deposit shall be released upon request after the
Certificate of Completion or Certificate of Occupancy is issued.
5912 31) Inspections outside of normal business hours (4 hour
minimum chazge for Holidays, Saturday or Sunday Per Hour 74.00 77.00
inspections).
5912 32) Re-inspection fee assessed under applicable provisions
of the Building Code Per Hour 74.00 77.00
54
75A-70
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5912 33) Inspections for which no fee is specifically indicated
(minimum chazge -one (])hour) Per Hour 74.00 77.00
5912 34) Additional plan review required by changes, additions or
revisions to approved plans (minimum charge -one (1) hour) Per Hour 74.00 77.00
PLUMBING PLAN CHECK FEES
Whenever plumbing plans aze required by the Building
Official, plan check fees shall be 65% of the plumbing
permit fee and shall be paid at the time of submitting plans.
GRADING PERMITS
5918 Any person desiring a grading permit required by the Building Each Permit 35.50 36.75
Code, shall, at the time of filing an application, pay a fee of $6.00
towazds the State Mandated Training Program and pay a fee
equal to $30.75 plus the sum of the fees for the work to be done
under the permit as set forth in the following schedule:
(Note: A grading permit fee is separate from and additional
to the fees for any other permit which may be
required by code provisions.)
FEE SCHEDULE
Minimum
5918 1) Grading Permit: Per Hour 74.00 77.00
a. One and Two S.F.D. 1 Hour
b. Multiple Residential including, Residential tracts,
Apartments, Condominiums, Hotels, Motels, and
Similar Construction 2 Hours
c. Non-Residential Site Less Than 2 Acres 3 Hours
d. Non-Residential Site 2 Acres and More 5 Hours
e. Preliminary Grading Permit, Underground Tank
Removal and Excavation for Soil Contamination 1 Hour
f. Existing Pazking Lot Resurfacing and Repainting 1 Hour
5918 2) In addition to the above noted permit fees,
a fee shall be collected for new site improvements,
new parking lots, new concrete curb and gutter, and
asphalt paving Sq. Ft. 0.03 0.03
Minimum
5918 3) Inspections outside of normal business hours
(4 hour minimum chazge for Holidays, Saturday
or Sunday inspections) Per Hour 74.00 77.00
5918 4) Re-inspection fee assessed under applicable
provisions of the Building Code Per Hour 74.00 77.00
55
75A-71
RESOLUTION 2008
REVENUE PROPOSED
ACCOUNT
DEPARTMENT/MISCELLANEOUS FEE OR SERVICE FY 07-08
UNIT FEES FY 08-09
FEES
SECTION IX PLANNING & BUILDING AGENCY
5918 5) Inspections for which no fee is specifically
indicated (minimum chazge -one (1) hour) Per Hour 74.00 77.00
SOLAR ENERGY CODE
5914 Any person desiring a permit required by the Solaz Energy Each
Code shall, at the time of filing an application, pay a fee of Permit 35.50 36.75
$6.00 towards the State Mandated Training Program and
a fee equal to $30.75 plus the sum of the fees for the work to
be done under the permit as set forth in the following
schedule. There is no minimum fee for the issuance of a
permit for single family residences and duplexes. The
minimum total fee for issuance of a permit for all other uses
shall be $60.00. 57.75 60.00
(NOTE: These fees do not include permit fees for any
parts of the solar energy system which aze subject to the
requirements of other applicable codes.)
FEE SCHEDULE
5914 1) For collectors (including related piping and
regulating devices):
Up to 1,000 sq, ft. (93mZ)
8.75 9.10
Between 1,001 (93.1mZ) and 2,000 sq. ft. (186mZ) 14.75 15.35
More than 2,000 sq. ft. (18mZ) 14.75 15
35
plus per 1,000 sq.ft. (93m2) or fraction 1.55 .
1.60
thereof over 2,000 sq. ft. (186mZ)
5914 2) For storage tanks (including related piping and
regulating devices):
Up to 750 gallons (3m')
7.50 7,gp
Between 751 (3m3) and 2,000 gallons
13.50 14.00
More than 2,000 (8m') gallons
plus per 1,000 (4m3) or fraction thereof ] 3.50 14.00
over 2,000 gallons (8m3) 1.55 1.60
5914 3) For rock storage:
Up to 1,500 cu. ft. (42m3)
8.75 9.10
Between 1,501 (42.1m3) and 3,000 cu. ft. (84m3)
14.75 15.35
More than 3,000 cu. ft. (84m3)
plus per 1,000 cu. ft. (28m3) or fraction 14.75 15.35
thereof over 3,000 cu. ft. (84m3) 1.55 1.60
56
75A-72
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION IX PLANNING & BUILDING AGENCY
5914 4) Self-contained water heater (residential type) Each 8.75 9.10
5914 5) Water heater (commercial type) Each 44,50 46.30
5914 6) Heat exchanger Each 8.75 9.]0
5914 7) Water piping replacement, each 100 feet Each 17.50 18.20
5914 8) Gas piping service, 1-5 outlets Each 17.50 18.20
5914 9) Backflow prevention device Each 8.75 9.10
5914 10) For each appliance or piece of equipment regulated
by this code for which no fee is listed Each 8.75 9.10
5914 11) Inspections outside of normal business hours
(4 hour minimum charge for Holidays, Saturday
and Sunday inspections) Per Hour 74.00 77.00
5914 12) Re-inspection fee assessed under provisions of the
Building Code Per Hour 74.00 77.00
5914 13) Inspections for which no fee is specifically indicated
(minimum charge -one (1) hour) Per Hour 74.00 77.00
5914 14) Additional plan review required by changes,
additions, or revisions to approved plans (minimum
chazge -one (1)hour) Per Hour 74.00 77.00
SOLAR PLAN CHECK FEES
Whenever solaz plans are required by the Building Official,
plan check fees shall be 65% of the solaz permit fee and
shall be paid at the time of submitting plans.
57
75A-73
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY OS-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION X PUBLIC WORKS AGENCY
58-01-5499 Transportation Permits/Oversize/Overweight
Annual Permit Each 99.22 103.29
Single Trip Permit Each 17.64 18.36
Fax Processing Service (Optional) Per Fiscal Yeaz 32.71 34.05
5499 Building Moving Permits
Permit Fee Each 91.46 95.21
Building Under 1,000 sq. ft. Each 99.07 103.13
Building 1,000 sq. ft. or over Each 121.94 126.94
Legal Weight/Size Load Not Required No Charge No Chazge
5799 Banner and Decorations
Application Fee Per Transaction 129.21 134.51
Removal Fee Per Street Per Pole 129.21 134.51
5929 Newsbox Permits and Inspection
Initial Permit Fee Per Publication 147.26 153.30
Inspection Fee Per Location 22.59 23.52
Renewal Permit Fee Per Publication 147.26 153.30
5571 Curb Painting
$186.93 minimum Per Foot 9.90 10.31
5571 Street Name Sign Each 259.14 269.76
5571 Miscellaneous Street Signs
Stop, Yield, Bus Stop, etc. Each 320.12 333.24
86-O1-5621 Tree Planting
24" box minimum tree Each 624.98 650.60
86-O1-5711 City Street Map (22"X29")
First Map Each 3.14 3.27
Additional Each 3.14 3.27
86-01-5711 Water System Map (62"X78") Each 9.15 9.53
86-O1-5711 Sewer System Map (62"X78") Each 9.15 9.53
101-O1-5621 Geographical Information System (GIS)
Consultant(s) Time Actual Con tract Cost
Staff Time
Actual Staff Cost
86-O1-5577 Accelerated Plan Check for Public Improvements Per Hour 147.24 153.28
and Traffic Studies (Optional)
5577 Improvement Plan Check
Per How Per Hour 133.85 139.34
NOTE : Street, Storm Drain, Traffic, Grading, Sewer
and Water Plan Check and Storm Drain, Sewer, Water
and Related Studies.
5577 Surface Drainage Plan Check Per Hour 129.56 134.87
5577 Improvement Standazd Plans/Specifications
Storm Drains Set 10.67 11.11
Street Improvements Set 13.72 14.28
Sanitary Sewers Set 10.67 11.11
Water Improvements Set 18.29 19.04
Revision within 1 yeaz
$g
75A-74
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION X PUBLIC WORKS AGENCY
5577 Plans/Specifications Fees (nonrefundable)
Reproduction 10 Sheets 22.87 23.81
Each additional 1.54 1.60
Mailing Minimum 13.45 14.00
5577 Tract Map -Final
Hourly Rate Per Hour 133.86 139.35
Flat fee minimum at $1,393.45 Minimum 1,338.57 1,393.45
5577 Pazcel Map -Final
Hourly Rate Per Hour 133.86 139.35
Flat fee minimum at $1,393.45 Minimum 1,338.57 1,393.45
5577 Lot Line Adjustment Per Hour 133.86 139.35
Minimum 401.56 418.02
5577 Certificate of Compliance Per Hour 133.86 139.35
Minimum 401.56 418.02
86-O1-5921 Single Family Residence Repair Fee for:
driveways, sidewalks, curb coring Each 73.61 76.63
58-O1-5921 Street Work Permits/Inspection Fees
Chazged in addition to other fees Each 135.65 141.21
86-O1-5921 Inspection Fees:
Trench Excavation/Back Fill
(unless included in other fees)
[n Dirt-$123.85 minimum Lineaz Foot 0.66 0.69
Minimum 118.97 123.85
In Paving-$123.85 minimum Lineaz Foot 0.94 0.98
Minimum 118.97 123.85
86-O1-5921 Storm Drains/Culverts, Sewer, Water Mains/Line Channels
In Dirt-$123.85 minimum Lineaz Foot 3.81 3.97
Minimum 118.97 123.85
In Paving-$123.85 minimum Lineaz Foot 4.34 4.52
Minimum 118.97 123.85
86-01-5920 Sewer Laterals/Water Services Each 264.71 275.56
86-01-5921 Traffic Occupancy or Lane Closure Requiring Signage
All Streets Per Day 248.36 258.54
Minor Streets Deposit 785.25 817.45
Major Streets Deposit 1,045.50 1,088.37
86-01-5921 Manhole, Vaults, Catch Basins and required signage,
striping or barricades
Plus Earthwork Each 199.28 207.45
86-O1-5921 Curb, Gutter or Combination including Earthwork
$123.85 minimum Lineaz Foot 1.61 1.68
Minimum 118.97 123.85
59
75A-75
RESOLUTION 2008
PROPOSED
REVENUE FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION X PUBLIC WORKS AGENCY
86-01-5921 Curb Return, including Earthwork
$123.85 minimum Each 63.95 66.57
Minimum 118.97 123.85
86-01-5921 Sidewalk including Earthwork
$123.85 minimum Sq.Foot 0.58 0.60
Minimum 118.97 123.85
86-O1-5921 Drive Approach including Earthwork
$123.85 minimum Sq. Foot 0.74 0.77
Minimum 118.97 123.85
86-01-5921 Paving, including Earthwork
(0 - 2000 sq. ft.) $123.85 minimum Sq. Foot 0.23
(Over 2000 sq. ft.) $123.85 minimum Sq. Foot 0.16
Minimum 118.97
86-O1-5921 Fencing
Masonry, Concrete or Block
$123.85 minimum Lineaz Foot
Minimum
86-01-5621 Street Trees
By Developer, Inspection Only - $87.95 min. Each
86-01-5921 Permanent Street Patch Guazantee
Refundable if done in 30 calendar days Sq. Foot
86-O1-5921 Projects Exceeding $100,000 and/or Percent of estimated
Work items not included here construction costs
86-O1-5621 Overtime Rate for Construction Inspectors Per Hour
Construction Inspector overtime rate range. Actual overtime hourly -
rate based on Inspectors salary step
5577 Certificate of Correction Minimum
Per Hour
5577 Covenants, Conditions, & Restrictions; Agreements and Minimum
Miscellaneous Checking Per Hour
68-01-5223 Sign Removal from Public Right of Way Per Sign
68-O1-5576 Sanitation Charge
Bimonthly
Single Family Per Unit
Duplex Per Unit
Triplex Per Unit
Fourplex or lazger Per Unit
Business Per Unit
NOTE: Any portion of a building which is designed
to be separately rentable and is separately identifiable
by a letter or number designation shall constitute a
separate and distinct unit, except that any publicly-
owned building shall be a single unit.
86-01-5921 Survey Monument Check Per Hour
Maximum
0.24
0.17
123.85
1.42 1.48
118.97 123.85
30.50 31.75
29.97 31.20
3.25% 3.25%
52.33 - 56.31 55.70-59.95
401.56 418.02
133.86 139.35
401.56 418.02
133.86 139.35
25.00 26.03
14.91 14.91
14.91 14.91
14.91 14.91
14.91 14.91
14.91 14.91
368.11 383.20
1,104.38 1,149.66
60
75A-76
RESOLUTION 2008
REVENUE PROPOSED
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 07-OS FY 08-09
FEES FEES
SECTION X PUBLIC WORKS AGENCY
86-01-5921 Uninitiated Street Work Permit
Per Permit
Double
Street Work
Permit Fee
86-01-5977 Abandonment Processing
0 - 600 squaze feet Per Application 71.83 74
78
Over 600 squaze feet Per Application 1,619.74 .
1,686.15
58-01-5977 Encroachment Processing
Each
390.22
406.22
60-O1-5618 Meter Test
in Field Each 6.89 7
17
in Shop
Note: Fee is refunded if the meter shows an error of more than Each
2% 6.89 .
7 17
over the correct reading.
60-O1 Replace Meter (Removed for Unpaid Bills)
Program administered by Public Works Agency; fee also shown on page 6
* 5/8 Each* 55.07 57
33
* 3/4" Each* 71.28 .
74.20
I~~ Each 117.46 122.28
1 1/2" Each 275.55 286
85
2~~ Each 368.30 .
383
40
* After business hours, the minimum chazge .
for replacement is $123.85
NOTE: These charges are equal to the cost of
installation of new meters (a meter is only
removed in cases where normal collection
procedures fail).
60-01-5618 Cut-off Water Service in Street
Each
307.92
320.54
60-O1-5582 Temporary Construction Meter Deposit
Each
945.00
983.75
60-01 Removal of Straight Pipe (administered by PWA)
Each
79.75
83.02
60-O1 Repair Curb Stop (administered by PWA)
Each
117.46
122.28
5930 Outdoor Dining Fee
Annual license fee based on size of dining azea A lication Fee
PP
S
412.82
429.75
quaze Foot 0.68 0.71
86-01-5621 Citywide Bicycle Locker Program
Application Processing
Security Deposit Per Fiscal Yeaz 6,89
7.17
One-time, Refundable
Key Replacement 68.80 71.62
Lock Replacement Per Key 20.65 21.50
Damage/Repair Fee Per Lock 110.09 114.60
Each 41.28 42.97
86-01-5921 Directional Boring Fee
Per Lineaz Foot
0.52
0.54
5926 2nd Street Mall Use Fee
Per Event 34.41 35.82
Drainage Assessment Area Fee
221-5059
Area 1 Per Acre
222-5059
Area 2 _ 5,724.50 5,959.20
223-5059 Area3 6,901.05 7,183.99
224-5059 Area 4 3,715.42 3,867.75
225-5059
Area 5 5,483.69 5,708.52
226-5059 Area 6 6,247.41 6,503.55
6,144.21 6,396.12
61
75A-77
RESOLUTION 2008
REVENUE PROPOSED
FY 07-08 FY 08-09
ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES
SECTION X PUBLIC WORKS AGENCY
55-O1-5484 Sewer Connection Fee Per Plumbing 81.81 85.16
Fixture Unit
60-O1-5581 Metered Water Rates
Base Rate Per 100 Cubic Feet 2.085 2
284
Tail Block Rate Per 100 Cubic Feet 2.480 .
2.695
56-01-5499 Sanitary Sewer Service Chazge Per 100 Cubic Feet of Water 0.238 0.288
Or Per Month Per SFH 4.760 5.760
56-O1-5499 Sewer Grease Cleaning Per Year 1,852.18 1,928.12
86-O1-5621 Residential Parking Permit Single Family Home -each permit 33.07 34.43
every two yeazs
maximum 3 permits
Multi-family Home (up to four plex) -each permit 33.07 34.43
every two yeazs
maximum 1 permit
Trench Cut Fees -
Dry Utilities
58-O1-5572 Arterial Street Resurfaced between 0 and 5 yeazs 15.58 16.14
Resurfaced between 6 and 10 years 13.79 14.29
Resurfaced between 11 and 15 years 12.97 13.44
Resurfaced between 16 and 20 years 10.37 10.74
58-O1-5573 Local Street Resurfaced between 0 and 5 years 10.55 10.93
Resurfaced between 6 and 10 yeazs 9.38 9.72
Resurfaced between 11 and 15 years 8.81 9.13
Resurfaced between 16 and 20 years 7.95 g,2q
Resurfaced between 21 and 25 yeazs 7.07 7.32
Wet Utilities
58-O1-5572 Arterial Street Resurfaced between 0 and 5 years 24.22 25.09
Resurfaced between 6 and 10 yeazs 21.43 22.20
Resurfaced between 11 and 15 years 20.16 20.89
Resurfaced between 16 and 20 years 16.13 16.71
58-01-5573 Local Street Resurfaced between 0 and 5 yeazs 16.42 17.01
Resurfaced between 6 and 10 yeazs 14.58 15.10
Resurfaced between 11 and 15 years 13.70 14.19
Resurfaced between 16 and 20 years 12.36 12.80
Resurfaced between 21 and 25 yeazs 10.99 11.39
Changes based on Engineering News Record
62
75A-78
NEW MISCELLANEOUS FEES
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
1) Santa Anita Soccer Program
Recreational Competitive
Proposed Fee: $3.00 per week $6.00 per week
These fees will be charged to the recreational and competitive participants of the Santa Anita Soccer
Program. The fee will reimburse the City for the staff and operational costs of providing the program
at Santa Anita Park. Revenues of $12,000 for the recreational component and $25,200 for the
competitive component is projected for FY 2008-09 ($37,200 Total).
2) Santiago Wildlife and Watershed Center Classroom*
Proposed Fee (per hour):
Group 1 Group 2 Group 3 Group 4 Group S
N/C 40.00 66.80 44.80 80.00
This fee will apply to those individuals and organizations that reserve the classroom at the new Santiago
Wildlife and Watershed Center in Santiago Park. An estimated $1,000 in revenue is projected from this fee.
3) Stadium Graphics Operator
Proposed Fee: $75.00 per hour
This fee will be charged to event promoters who request to use the new Galaxy Pro 1500 and 7500 displays at
the Santa Ana Stadium. Staff trained in operating the displays and Venus 7000 software will operate the
system. The revenue collected from this fee will reimburse the City for the cost of providing this service. This
fee does not apply to basic scoreboard operation. An estimated $2,700 in revenue is projected from this fee.
4) Stadium Advertising Fee*
In addition to the Stadium Graphics Operator fees, promoters renting the Stadium will be charged the
following fees to advertise their sponsors on the graphic display panels on the scoreboard. An
estimated $1,600 in new revenue is projected from this fee.
Proposed Fee (per advertiser/per day):
Group 1 Group 2 Group 3 Group 4 Group S
N/C 40.00 50.00 60.00 80.00
63
75A-79
FIRE DEPARTMENT
5) Disposable Medical Supplies (new items)
Proposed Fee
1. Airway Bridge $ 24.98
2. "Cook Kit" (thoracostomy set) $156.1 S
3. Defibrillation Pads $ 46.85
4. Hip Wrap (disposable hip splint) $ 31.23
S. Restraint (limb restraint) $ 6.25
6. Vacuum Splint $ 12.50
7. Quilted Blanket (disposable) $ 20.82
The Municipal Code, SAMC 14-090 authorizes the City Council to set paramedic service fees through
resolution (Miscellaneous Fee Schedule) for services rendered and costs incurred. The Disposable
Medical Supplies listed above are medical supplies that are currently used to provide paramedic
services.
6) Additional Personnel Used in Transport (per person) $ 36.44
The Municipal Code, SAMC 14-090 authorizes the City Council to set paramedic service fees through
resolution (Miscellaneous Fee Schedule) for services rendered and costs incurred. At times, due to the
nature and extent of injuries, it is necessary for both paramedics assigned to a paramedic unit to
continuously monitor an individual while transporting them to a local hospital. When this need arises
a third SAFD employee assists in transporting the individual.
'n Color printed reports or photographs (per page) $ 1.00
Many incident reports being requested include color pictures of the scene. Color printing costs are
higher than that of black and white. To offset the additional cost, a fee of $1 per page is being
proposed. This fee is based on actual costs assessed by our Internal Service, reprographics department
for color copying.
64
75A-80
FINANCE AND MANAGEMENT SERVICES
8) Stop Payment/Reissue Fee
Proposed Fee: $10.00 per stop payment
The Finance and Management Services Agency is responsible for administering banking services
which includes issuance of payment by check, direct deposit and automated clearing house. Payment
for various programs or reimbursement are made for inmates released, payroll, accounts payable,
housing, etc. Staff has experienced requests for replacement of checks for carelessness, such as
misplaced or lost checks. In many cases, the amount of the check is minimal, but due to the fact that
there is no limit to the replacement amount, check amounts are replaced for minimal values without
regard to costs associated with the reissue or Stop Payment of a check.
The Agency is proposing to add a fee to the Miscellaneous Fee Resolution establishing the fee at
$10.00 per stop paymentlreissue. The cost of the fee includes the cost of placing a stop payment
($8.00) and minimal overhead to subsidize salaries of the staff for handling the stop payment and
replacing the check.
9) UUT Max Tax Processing Fee
Proposed Fee: $200.00 per Max Tax Refund
The Finance and Management Services Agency is responsible for administering the City's Utility
Users Tax. Santa Ana Municipal Code provides for a Maximum Utility Users Tax (Max Tax) of
$11,000 by any one company, per contiguous location. The Max Tax is payable in advance or a
refund claim can be filed within a 12-month period. The processing of a Max Tax refund takes
approximately 10 hours of staff time to review and process. Staff has experienced repeated refund
filings for Max Tax payers who do not pay the Max Tax in advance.
The Agency is proposing to add a fee to the Miscellaneous Fee Resolution establishing a Max Tax
refund processing fee of $200.00 per refund or $40.00 per hour, whichever is less.
10) Abstracts for Parking Violations
Proposed Fee: $15.00 per Abstract
The Finance and Management Services Agency assists parking citation violators clear up outstanding
delinquent citations. The process involves research to determine amount owed. Upon receipt of a
delinquent payment, customers are requesting documentation from the City, indicating that all
violations have been cleared. This abstract is provided to the customer for submittal to the
Department of Motor Vehicles to enable vehicle registration renewal.
The Agency is proposing to add a fee to the Miscellaneous Fee Resolution establishing an Abstract
Processing fee of $15.00, per abstract (equivalent to the fee charged by the County of Orange).
65
75A-81
POLICE DEPARTMENT
11) Cancellation Process Fee (Disabled Placards Citation)
Proposed Fee: $25.00
An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled
placard, charge an administrative fee not to exceed twenty-five dollars ($25.00) to process cancellation
of a citation in any case where the individual who received the citation can show proof that he or she
had been issued a valid placard at the time the citation was received.
*Building Rental Fee Qroun description
Group 1: City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use
and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and
programs.
Group 2: Resident not for profit civic, social, and religious organizations.
Group 3: Nonresident not for profit civic, social, and religious organizations.
Group 4: Resident commercial, business, and forprofit organizations.
Group S: Nonresident commercial, business, and forprofit organizations.
66
75A-82
PROPOSALS TO MODIFYEXISTING FEES
Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fees Schedule.
LIBRARY
1)
2)
3)
Audio books -Overdue/ Loss of use fee
Existing Fee: Entertainment $.20/day
$10.00 maximum
Proposed Fee: Entertainment $.2S/day
$15.00 maximum
The proposed fee will cover the increase in item and handling costs.
Compact discs -Overdue/ Loss of use fee
Existing Fee: Process fee $.20/day
$10.00 maximum
Proposed Fee: Process fee $.25/day
$15.00 maximum
The proposed fee will cover the increase in item and handling costs
DVD/Video cassettes -Rental (Adults only)
Existing Fee: Entertainment $1.50/day
Proposed Fee: Entertainment $2.00/day
4)
5)
The proposed fee will cover the increase in item costs.
Lost /Damaged Catalogued Materials
Existing Fee: Process Fee $9.00
Proposed Fee: Process Fee $10.00
The proposed fee will cover the increase in material and personnel costs involved in processing
and cataloging replacement items.
Lost/Damaged Uncatalogued Materials
Existing Fee.• Process Fee $6.00
Proposed Fee: Process Fee $7.00
The proposed fee will cover the increase in material and personnel costs involved in processing
and cataloging replacement items.
67
75A-83
LIBRARY(CONTINUED)
6) Magazines-Overdue/ Loss of use fee
(Include adult and children's books)
Existing Fee: Process fee $.20/day
Proposed Fee: Process fee $.25/day
The proposed fee will cover the increase in item and handling costs.
7) Newspaper Search Fee
Existing Fee: Per Search $1 S. 00
Proposed Fee: Per Search $20.00
The proposed fee will cover the increase in personnel cost involved in each transaction.
8) Paperbacks-Overdue/Loss of use fee (Include adult and children's books)
Existing Fee: Process fee $.20/day
Proposed Fee: Process fee $.25/day
The proposed fee will cover the increase in item and handling costs.
9) Regular books & multimedia kits-Overdue/Loss of use fee
(Include adult and children's books)
Existing Fee: Process fee $.20/day
$10.00 maximum
Proposed Fee: Process fee $.25/day
Actual Cost maximum
The proposed fee will cover the increase in item and handling costs.
10) Reserved/Mail Books
Existing Fee: Other Santa Ana Addresses $1. SO
Existing Fee: Non-Santa Ana Addresses $2.00
Proposed Fee: Other Santa Ana Addresses $2.00
Proposed Fee: Non-Santa Ana Addresses $3.00
The proposed fee will cover the increase in personnel cost involved in each transaction.
11) Video cassettes / DVDs -0verdue/ Loss of use fee
Existing Fee: Process fee $1.00/day
Proposed Fee: Process fee $1. SO/day
The proposed fee will cover the increase in item and handling costs.
68
75A-84
PARKS, RECREATION AND COMMUNITY SERVICES
12) Santa Ana Zoo at Prentice Park -Half-Day Admission
Existing Fee.• Adult $6.00
Child/Senior $3.00
Proposed Fee: Adult $3.00
Child/Senior $1.50
This fee will be charged to those entering the Zoo Monday through Friday after 2:00 p.m. This new
fee is intended to encourage prospective Zoo visitors to visit the Zoo during the slow weekday hours.
An estimated $5,800 in new revenue is projected from this fee.
13) Hector Godinez High School Facility Lighting Fees
Existing Fee: $8.65 per hour
Proposed Fee.• Football Field $12.00 per hour
Baseball Field $16.00 per hour
Soccer Field $12.00 per hour
Classroom $2.00 per hour
Gymnasium $21.00 per hour
Performing Arts Ctr. $49.00 per hour
Black Box $11. DO per hour
Outdoor Basketball $4.00 per hour
The existing fee of $8.65 was an estimate agreed to by City and School District staff until the
School District could study and develop a more accurate fee structure based on lighting energy
consumption. The Technical Advisory Committee has reviewed and approved the proposed
facility lighting fees. These fees are collected by the City at the time of the reservation and
paid to the School District.
FIRE DEPARTMENT
14) EMS -Medications
a. Diphenhydramine
Existing Fee: $S. 75
Proposed Fee: $9.37
b. Glucagon
Existing Fee: $94.60
Proposed Fee: $187.38
The proposed fees will cover the increase in costs of medical supplies.
69
75A-85
PUBLIC WORKS AGENCY
15) Metered Water Rates
Existing Fee:
Base Rate
Tail Block Rate
Proposed Fee.•
Base Rate
Tail Block Rate
Per 100 Cubic Feet $2.085
Per 100 Cubic Feet $2.480
Per 100 Cubic Feet $2.284
Per 100 Cubic Feet $2.695
The City owns and operates the local water utility and charges customers for the water usage. The
average Santa Ana household uses less than 44 units of water bi-monthly. One unit is equal to 100
cubic feet (CCF) or 748 gallons. A bi-monthly cycle is used because water bills are mailed out and due
every two months. A customer whose bi-monthly usage exceeds the base rate allocation of 44 units
pays the tail block rate.
The rate adjustment includes a 4.6% cost increase of providing metered water service and a 5.0%
commodity adjustment. The proposal will adjust the base rate by $.1991 and the tail block rate by
$.2153 per unit. The typical bi-monthly water bill of 40 units would increase by $7.96.
16) Sanitary Sewer Service Rates
Existing Fee:
Unit Rate Per 100 Cubic Feet of metered water use $0.238
Or Per Month Per SFH $4.760
Proposed Fee:
Unit Rate Per 100 Cubic Feet of metered water use $0.288
Or Per Month Per SFH $5.760
The Sanitary Sewer Service fee is used to maintain the City's sanitary sewer collection system.
Services covered by the fee include repair and replacement of sewer mains and laterals located within
the street right of way. The fee is also used to fund ongoing maintenance and cleaning of the sewer
mains. The proposed increase is a $0.05 increase per 100 cubic feet of water used. The typical bi-
monthly residential sewer bill will increase by $2.00.
For single family residential customers that do not receive water service from the City, a flat rate based
upon 20 CCF of water usage is charged. The 2007-08 flat rate is $4.760 per month. The
2008-09 flat rate will be $5.76 per month.
70
75A-86
®~ r
~d
This Page
Intentionally
Left Blank
~~ ..
~~
75A-87
75A-88
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DONE 2, 2008
TITLE:
PUBLIC HEARING - RESOLUTION
REVISING THS METERED NATSR RATS
AND 3SPPSR 3SRYICS CHARGE OF THS
CITY
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
"~ CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution revising the metered water rate and sewer service
charge of the City effective July 1, 2008.
DISCUSSION
The City's metered water rate and sewer service charge are adjusted
annually as part of the overall city budget process. These increases are
designed to recover the City's actual cost increases in providing the
water and sewer services, repairs and maintenance of the water and sewer
infrastructure. Additionally, the increased rates will maintain the
City's Capital Improvement Program (CIP) to ensure sufficient water and
sewer capacity. With the increased rates to fund the CIP and maintenance
programs, we will continue to reduce the number of leaks and spills.
Both the water and sewer consumption rates are based on 100 cubic foot
(CCF) units of measurement (approximately 748 gallons). The water rate
has two tiers. The Base Rate includes consumption up to 44 CCF during a
bi-monthly billing period. The typical single family residential
customer consumes approximately 40 CCF during a bi-monthly billing
period. The Tail Block Rate is charged for all water consumed above the
Base Rate allocation. The sewer service charge is a flat charge based on
metered water consumption at a premises.
The current water Base Rate of $2.085 per CCF is proposed to increase to
$2.284. The Tail Block Rate is proposed to increase from $2.480 to
$2.695 per CCF. The Sewer Service Charge is proposed to increase from
$0.238 to $0.288 per CCF.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is not considered a CEQA project. Therefore, no
environmental documentation is reguc r~ed1
Public Hearing - Resolution Revising the Metered Water Rate and Sewer
Service Charge of the City
June 2, 2008
Page 2
FISCAL IMPACT
The water Base Rate increase of $0.199 per CCF will add $3.98 to the
typical single family monthly water bill of 20 CCF. The typical monthly
sewer bill will increase by $1.00.
APPROVED AS TO FUNDS AND ACCOUNTS:
r '~ ~~~~~ ~~~
~,~.! Jambs G. s Francisco Gutierrez
') Executive irector 6 Executive Director
Public Wor s Agency Finance & Management Services Agency
75B-2
RE: PARCEL NO. 005-152-23
CITY OF SANTA ANA PUBLIC HEARING ON 6/2/08 _
CITY WATER AND SEWER SERVICE INCREASE ~° c: ' ''
.~
4/21 /08
DEAR CITY COUNCIL:
I protest the increase of the city water and sewer service. Everything else has akeady
increased, except our salaries. It is already very difficult to just cover all our basic needs
as it is. Please, do not increase it, making it impossible for an average American Citizen
to live a normal life just in filling a gas tank to go to work.
Best regards,
.r'.~ ~~.
Pai-tze Chung
Property Owner
75B-3
Lss5/28/08
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REVISING THE METERED WATER RATE
AND SEWER SERVICE CHARGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby, finds, determines and declares as follows:
A. The Consumer Price Index -Urban, All Services Component, for the Los
Angeles-Riverside-Orange County Area in a twelve month period ending December 31,
2007 (CPI) has risen by approximately 4.1 %.
B. Santa Ana Municipal Code, Chapter 39, Article II regulates connection to
water mains within the City.
1. Pursuant to Santa Ana Municipal Code section 39.21 the City
Council shall set metered water rates by resolution.
2. The metered water rate shall be set to maintain a potable water
supply and provide standby readiness.
3. It is necessary to increase the metered water rate to reimburse the
City for increases in the direct and indirect costs of water delivery, including purchasing
water from the Metropolitan Water District of Southern California and the Orange County
Water District, Edison power costs, administrative overhead costs, maintaining essential
water delivery and water capital improvement program costs.
C. Santa Ana Municipal Code, Chapter 39, Article III regulates connection to
sewer mains within the City.
1. Pursuant to Santa Ana Municipal Code section 39.55.4 the City
Council shall set reasonable sewerage service fees by resolution. Said fee shall be
used to operate, maintain, repair and replace the City owned sewer system and
facilities.
2. It is necessary to increase the sewer service charge to reimburse
the City for increased costs of repair, replacement and maintenance of the sewer
system and facilities, including increased materials, labor and overhead costs and
sewer capital improvement program costs.
75B-4
3. The rate increase over and above CPI will be placed into a fund
that will be used only to repair and replace sewer mains and laterals located within the
street right of way, and which have outlived their useful life and provide preventive
maintenance of sewer mains. No moneys from this fund would be placed in the city's
general fund.
4. There is a reasonable relationship between the imposition of the
fee imposed in that the use of the sewer creates an impact on its condition, requiring its
maintenance, repair and replacement.
D. On June 2, 2008, the City Council of the City of Santa Ana held a noticed
public hearing to review the proposed metered water rate and sewer rate increases.
E. Based upon the testimony, reports and other evidence submitted on these
matters, this City Council makes the above-specified findings.
Section 2: The Metered Water Rate is hereby set as follows:
Service Meter Charge - a fixed bi-monthly charge based on meter size
Most homes & small businesses have a 5/8" mete .
r.
5/8" meter
3/4" meter $ 7.00
1" meter $ 11.00
1.5" meter $ 16.40
2" meter $ 23.40
3" meter $ 46.40
4" meter $116.60
6" meter $186.60
Multifamily Dwelling Unit- $280.00
base meter charge $ 4.20
Water Usage Charge -water consumption charge based on units of one-
Hundred cubic feet (750 gallons)
U - 44 ccf (units) $2 284
Over 45 ccf (units) $2.695
Multifamily Dwelling
0-44 ccf of water per dwelling unit $2 284
Over 45 ccf per dwelling unit $2.695
Section 3: The Sanitary Sewer Charge is hereby set as follows:
75B-5
Sewer Service Charge
Per unit of water
Bi-monthly flat charge (un-metered)
$0.288
$11.52
Section 4: If any charge, fee, section, subsection, sentence, clause, phrase or
word of this Resolution is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed and adopted
this Resolution, and each and all provisions hereof, irrespective of the fact that one or
more provisions may be declared invalid.
Section 5: The increased metered water rate and sanitary sewer fees shall be
operative from and after July 1, 2008.
ADOPTED this day of June, 2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
75B-6
I, PATRICIA E. HEALY,
Resolution No.
the City of Santa Ana on
Date:
Clerk of Council, do hereby attest to and certify the attached
to be the original resolution adopted by the City Council of
Clerk of Council
City of Santa Ana
75B-7
NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS AND /OR CUSTOMERS OF CITY WATER AND
SEWER SERVICE
NOTICE IS HEREBY GIVEN that on June 2, 2008 at 6:00 p.m., or as soon as possible thereafter in the Council
Chambers, 22 Civic Center Plaza, Santa Ana, California, the Santa Ana City Council will hold a public hearing to
establish certain fees and charges for water and sewer services furnished by the City for Fiscal Year 2008-2009. The
fees and charges, if approved by the City Council, will be effective July 1, 2008. A full schedule of fees is below.
Interested persons may appear and be heard on any matter. Written protests by those receiving this notice will be
considered if submitted no later than 5:00 pm on the day of the hearing to the Office of the Clerk of the Council, Santa
Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92701. For more information call (714) 647-5454.
1. THE PROPOSED INCREASE IN CHARGE:
Water Usage Charge Sanitary Sewer Charge
Base Rate Increase $0.0949 per CCF* Per Water Unit Used Increase $0.05 per CCF*
Tail Block Rate Increase $0.1111 per CCF* Unmetered Increase $2.00 bi-monthly
"Water rates are measured on 100 cubic feet (CCF) units (approx. 748 gallons.) The Base Rate is for the first 44 CCF
used in a bi-monthly billing period. The Tail Block Rate is for all water used in excess of the base rate limit. Water
rates are composed of a service meter charge and a water usage charge. Only the Water Usage Charge component
of water fees is proposed to be increased as shown on the chart. The sanitary sewer service fee is charged based on
water consumption used at a premise.
2. BASIS UPON WHICH THE AMOUNT OF THE PROPOSED CHANGE IS CALCULATED
Water Usage Charge Increase
$0.0949 per CCF for the base water rate for increased costs for direct water operations.
$0.1111 per CCF for water tail block rate for increased costs for direct water operations. ~
c"~ ---
Sewer Charge Increase ~`~
f°r'9 -' .~
$0.05 per CCF for cost of living increase (CPI) for direct sewer operations. -~,~ ~
3. THE REASON FOR THE INCREASED CHARGE N
'` ~
These charge increases are designed to recover the City's actual increased costs in providing the war and sewer
services, including repair and maintenance of the water and sewer infrastructure. The typical naq~thl router bill of 20
~ units would increase by $3.98. The typical monthly sewer bill would increase by $1.00. ~'~`' y
Q~ Q ~roPer~-~ ~wnel^ ~ ~~' ~~
Proposed Water Service Char es '~ g~ f
I fl ~ 4~n~ ~~Q i ~. ~ U V
Current Pro osed 7/1!08
_..
~~ ~ ~ ~S~ Meter Size
5/8" meter $7.00 $7.00 ~ "'
~~ (~e ~ ~a ,, _ ~ a~ 3/4" meter $11.00 $11.00
1"meter $16.40 $16.40.
~~~ ~ I '~ ~Y~ 1.5" meter $23.40 $23.40
~ "~° 2" meter
$46.40 $46.40
~ KC~~~S e S 3" meter $116.60 $116.60
~ 4" meter $186.60 $186.60
dkser?~.e~'t~ 6" meter $280.00 $280.00
Multifamily Dwelling Unit -
~e !~ ~K~ev ~ base meter char e
$4.20 $4.20
~ ~ e j ~~ cc.~r'.~i .e ` way :`, ~ «~. of
~~(~w ~ ~r ~ ~-~a
~~ ~~ ~C v~ 0 - 44 ccf units * $2.085 $2.284
Over 45 ccf units * $2.480 $2.695
wQ~-ear c~u-too ~ttir' ~L4 ,
0-44~f~vvater er dwelfin unit* $2.085 $2.284
S~~,Q ], _ ~~ ~ Over 45 ccf r dwellin unit* $2.480 $2.695
~~~~TTU~U~XXXX((1111 utt v
~CC6GU~~1l~' b~ f~~lb2~b' ~--: _
( S
~l e NCV~
~ ~~~'i
~~`2~~U ~
Per unit of water $0.238 $0.288
~Q~ ~ Bi-month) flat char a un-metered $9.520 $11.520
~ . ^~ f ~ a ~/ * Proposed rates include $.1042 per ccf automatic pass-through for ~I ~Q Q
(d V ~ (~ commodity incre ses or water and electrical costs. % C// t ~/fi~ v
CITY OF SANTA ANA
PUBLIC WORKS AGENCY M-85
220 S Daisy Avenue
PO Box 1988
Santa Ana, CA 92702
Date: April 26, 2008
Subject: Increased Water Charges
I just completed reading the notice of "Proposed Increase Charges" for consumer water users. The
document abviously was composed by some eager coniver and word manupulator with no reasonable
feelings but his own. A very egoistic individual with a very greedy behavior.
COST OF LIVING INCREASES: If you can not afford giving cost of living increases, than do not give
them! Rest assure the denial will not initiate placing you against the wall and executed. Which sometimes it
could warrant such an act.
REASON FOR THE INCREASED CHARGE: What a joke!! Before initiating an action which incompases
a cost, the action should first be analyzed and bisected before any action is taken. Obviously, some
supervisor or supervisers did not use their knowledge in costs and were unable to control expenditures
thereby creating this so called "hearing" which , of course, the counsel will approve, thus the consumer will
have to pay for the incompetent supervisor(s)'s blunder. It is not illegal to terminate incompetent personnel
and be replaced by "new blood" personnel. This action seems warranted.
To conclude, it is obvious to expect moving parts to wear and tear themselves out to the extant they have to
be repaired or replaced. Every organization expects and is prepaired to spend time and money on a
nonfunctional part and The City is no exception. Maintenance is part of having moving parts last its
designed operating life and if the City is not capable of maintaining it's operations within the operating
costs of the organization than it doomed to failure--sooner or later it will calapse.
For what good it will be, I certainly am voting to bury this proposed increase and stop passing your "on
person defects" onto the consumer.
`ABTA LA VISTA' said Arnold.
75B-9
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CfTY° '. ~ ~l~A
To. The Santa Ana City Council
Re: the city water and sewer service price increase
My property address is
200s N. Green leaf
Santa Ana Ca 92706
I feel as a long time resident there is no reason to raise the rate on our sewer or water.
There has to be another way. The residents should not have to absorb these cost.
Please vote no on this
Thank you
Ernesto strada
75B-11
05/02/2008 e1~ { ,
CLE,~.~, ._ _ _~: ~l~~~~A
To. The Santa Ana City Council
Re: the city water and sewer service price increase
My property address is
801 N. Bush St
Santa Ana Ca 92701
I feel as a long time resident there is no reason to raise the rate on our sewer or water.
There has to be another way. The residents should not have to absorb these cost.
Please vote no on this
Thank you
Ernest Estrada
75B-12
Michael and Sandy Witzigman
' 2825 Augusta Way
Santa Ana, CA 92706
We are in strong opposition to the proposed water rate increase.
The water rates for residents in Santa Ana have increased tremendously over the last 3 years and
currently stand at $2.284/ccf for usage <44 ccf, and $2.695/ccf for usage >44 ccf (2008). That
corresponds to increases of 42% and 38% respectively, since 2004. Not only is this a much
greater increase than neighboring cities with similar source water and demographics, but leaves
residents with some of the highest water rates in the county.
According to the Municipal Water District of Orange County's most recent 2007 Retail Domestic
Water Commodity Rates and Fixed Charges schedule, Santa Ana charged its residents more than
any other north Orange County city for water use (and more than many south Orange County
cities more dependent on outside water sources). Per the 2007 published rates, compared to its
neighbors, Santa Ana charged 155% more than Orange, 53% more than Anaheim, 19% more than
Garden Grove, 374% more than Tustin, and 42% more than Fountain Valley. All of these cities
obtain their water from the same sources, approximately 70% from groundwater and 30%
purchased from the metropolitan Water District (MWD), with the exception of Tustin which only
imports 15% from MWD. However, even cities like Yorba Linda that import approximately 50%
of its water still charged less than Santa Ana (which was 33% higher).
Why are water rates so high in Santa Ana? A comparable city to study might be Anaheim as its
2006-2007 population of 334,425 closely mirrors Santa Ana's 2006-2007 population of 340,024.
Both cities obtain water from the same sources in the same percentages, however, Santa Ana's
$2.085 (<44 ccf) and $2.48 (>44 ccf) rates in 2007 were 53% and 82% higher than Anaheim's
$1.36 flat rate. With the lower per capita income ($12,152 versus $18,266), Santa Ana residents
are much harder pressed to afford these higher water rates. Also noteworthy is the fact that
25.3% of Santa Ana residents live below the poverty level as compared to 14.1% in Anaheim.
Water, which is a basic need, should not be highest in this city where the residents can least
afford it. Finally, by way of comparison, it should be noted that while Anaheim used 12% of its
water funds for capital improvements, Santa Ana used only 8%. In contrast, administrative costs
which were only 14% for Anaheim amounted to a staggering 29% for Santa Ana. This
comparison suggests that it is administrative costs that need to be addressed, not an increase in
the water rates paid by residents.
Sincerely
Michael Witzigman
~,
~~
v
c`-i ~
r... ~ tit
75B-13
Michael and Sandy Witzigman
2825 Augusta Way
Santa Ana, CA 92706
May 4th 2 08
~~ -7 ~ I
~I7~` ~ ~ = ~~~ APdA
'~ ~~.ER~~~ ~ ~:[~~C~L
Dear Santa Ana City Council:
This is a request under the California Public Records Act (Gov. Code §
6250 et seq,) and California Constitution article 1, § 3(b). Please
provide copies of the following:
(1) The original ordinance by which the City adopted its utility users
tax.
(2) Every ordinance that subsequently amended or extended the utility
users tax.
(3) If not already obvious on the face of the documents requested
above, all documents that indicates the dates on which the above
ordinances were enacted.
Sincerely
-~ ~s~
Michael Witzigman
cc: Timothy Bittle
Director of Legal Affairs
Howard Jarvis Taxpayers Association
75B-14
1(~ SAY -S d~ lf~ Q
May 2, 2008
To: Santa Ana City Council
Re: City Water and Sewer Service Price Increase
CITE` _ ~ ~w~~A
CL~ i, . :~~ICIL
I am writing this letter because I'm very concern about the proposed increase in our water
and sewer services. With the exception of 4 years in Europe, I have lived my whole life
in Santa Ana (I am 45) and I love it. One of the few things that I have not liked is the
price we pay for water and sewer services. We have one of the highest rates in all of
Orange County, yet in our city resides some of the poorest people in the county. Raising
the price is not the answer. Let's start by reviewing the budget and see what can be
modified. There are always different ways to achieve the same end results. The residents
of Santa Ana should not have to absorb any additional costs.
I urge the city council to VOTE NO on this issue.
Thank you,
Estrada
721 N. Baker Street
anta Ana, CA 92706
75B-15
ZQ~ MAY -8 aP9 ~tl= E?S
05/02/2008
To. The Santa Ana City Council
Re: the city water and sewer service price increase
My property address is
1003. N Bristol
Santa Ana Ca 92703
I feel as a long time resident there is no reason to raise the rate on our sewer or water.
There has to be another way. The residents should not have to absorb these cost.
Please vote no on this
Thank you
Tina Marie Estrada
75B-16
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
PUBLIC HEARING - AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 2005-02 FOR
THE MACARTHUR PLACE SOUTH PROJECT AT
9, 10 AND 15 HUTTON CENTRE DRIVE AND
100, 120 AND 130 EAST MACARTHUR
BOULEVARD - NEXUS COMPANIES, APPLICANT
(~' '
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
Adopt an ordinance approving the amendment to Development Agreement No.
2005-02.
PLANNING COMMISSION ACTION
On May 12, 2008, the Planning Commission recommended that the City Council
adopt an ordinance approving the amendment to Development Agreement No.
2005-02 by a vote of 4:0 (Betancourt, De La Torre, Munoz absent) to amend
provisions of the MacArthur Place South project that pertain to public art
for the development at 9, 10 and 15 East Hutton Centre Drive and 100, 120
and 130 East MacArthur Boulevard in the Specific Development No. 76 (SD-
76) zoning district. The Planning Commission made no changes to the
terms of the agreement as outlined in the attached staff report (Exhibit
A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
a M. Trevino
Executive Director
Planning and Building Agency
VF:rb
of/reports/Nexus/Amend DA05-02.cc
75C-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MAY 12, 2008
TITLE:
PUBLIC HEARING - FILED BY THE NEXUS
COMPANIES TO AMEND DEVELOPMENT AGREEMENT
NO. 2005-02 FOR THE MACARTHUR PLACE SOUTH
PROJECT AT 9, 10 AND 15 HUTTON CENTRE DRIVE
AND 100, 120 AND 130 EAST MACARTHUR
BOULEVARD
Prepared by Vince Fregoso
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
,~
Executive Director Planning Hager
RECOMMENDED ACTION
Recommend that the City Council adopt an ordinance approving the
Amendment to Development Agreement No. 2005-02.
DISCUSSION
Request of Applicant
The Nexus Companies is
Place South development
development at 9, 10 and
East MacArthur Boulevard.
Property Description
proposing to amend provisions of the MacArthur
agreement that pertain to public art for the
15 East Hutton Centre Drive and 100, 120 and 130
MacArthur Place South is a 9.8-acre development that is generally
situated between MacArthur Boulevard, Main Street and Sandpointe Avenue.
MacArthur Place South consists of three separate parcels and will
include three 25-story high-rise towers, a six-story mid-rise
residential/office building, a six-story mid-rise condominium
development, and 14,000 square feet of retail and restaurant uses. Two
high-rise towers, the 349-unit Skyline Towers at 9 and 15 Hutton Centre
Drive, are currently under construction. At final build out, a total of
791 for sale condominium units will be constructed at the project.
The overall project site is zoned Specific Development No. 76 (SD-76)
and has a General Plan land use designation of District Center (DC).
Surrounding land uses include the MacArthur Place mixed-use development
to the north, the Newport-Costa Mesa (SR-55) Freeway and the City of
Costa Mesa to the east, office development to the south and the
Sandpointe residential neighborhood to the west (Exhibits 1 and 2).
EXH~~-_2
Amendment to DA No. 05-02
May 12, 2008
Page 2
Project Description
The Nexus Development Corporation is proposing to amend Section 5.1.7
(Development, Construction and Completion of Public Art) and Exhibit B
(Public Art Plan) of Development Agreement No. 2005-02 (Exhibit 3).
Specifically, Nexus is proposing to modify the provisions which specify
the location of the public art as well as to adjust the timing of
contributions towards the installation of public art for the MacArthur
Place South development.
Analysis of the Issues
In 2005, the City entered into a development agreement with The Grand
Plan I and II, LLC, subsidiaries of the Nexus Companies, for the
MacArthur Place South development. The development agreement
established development intensity, permitted uses and development
standards for the term of the agreement. Further, the approved
development agreement required certain improvements and public benefits
such as in lieu fees for parkland dedication, payment of an inclusionary
housing fee, and the execution of an off-site improvement agreement with
the Sandpointe Neighborhood Association. Also included in the
development agreement was a $500,000 contribution for the installation
of a single or grouped permanent work of public art to enrich both the
project and surrounding community. At the final City Council hearing
for the project, the Council modified the agreement to require two
signs/art installations in the medians of MacArthur Boulevard and Main
Street. These signs were envisioned to replace the dated City entry
monuments and provide a more progressive gateway marker into the City.
After extensive work by Nexus, including detailed design analysis, Nexus
determined that the cost of these entry signs would exceed the total art
budget . Due to this cost, and the desire by the developer to meet the
intent of the public art policy, Nexus is proposing to return to the
provision in the original draft development agreement and replace the
requirement to install signs in the MacArthur Boulevard and Main Street
medians with an art installation located on the project site but
accessible and visible to the public. Nexus remains committed to fund
public art in the originally approved amount of $500,000.
Nexus is also requesting to modify the Public Art Plan and allow the
public art contributions to be phased. Under the current terms of the
agreement, the entire art contribution would need to be satisfied upon
75C-3
Amendment to
May 12, 2008
Page 3
DA No. 05-02
issuance of the first certificate
is proposing to modify the timing
the various development phases
Condo/Office project, Integral
recommends approval of Nexus' r
development agreement.
CEQA Compliance
of occupancy for the project. Nexus
of these contributions to be tied to
(Lake Towers, Cinema Towers and
and retail) (Exhibit 4). Staff
'quest to modify the terms of the
In accordance with the California Environmental Quality Act, the proposed
project has been determined to be adequately evaluated in previously
prepared Environmental Impact Report No. 2004-02.
~~
Vince Fre oso, ICP
Principal nner
VF:jm
of/reports/Nexus/Amend DA05-02 .pc
75C-4
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5.1.3 Phasing. The Owner acknowledges and agrees that the
Commencement of Construction of the Integral Project cannot commence until the Commencement
of Construction has occurred on either of the Lake Towers or the Cinema Tower.
5.1.4 FAA Approval. Owner shall obtain and maintain, during the tenor of
this Agreement, any and all necessary approvals from the FAA for the Project. Should such
approvals lapse, and not be reinstated or reapproved prior to the issuance of a building permit for
either of the Lake Towers and/or Cinema Tower, the City shall have the right to delay the issuance of
building permits for either of the Lake Towers and/or Cinema Tower until such approvals are
reinstated or reapproved.
5.1.5 Avigation Easement. The Owner shall, prior to issuance of the first
building permit for the Project, execute the Avigation Easement in favor of the City. Owner and City
may make non-substantive alterations in the Avigation Easement prior to its execution, to the extent
such changes are approved by Owner and City (as to content by the City Manager, and as to form by
the City Attorney).
5.1.6 Limit on Fast Food and Take Out Restaurants. At no time during
the Term shall the Project include retail space which is devoted to "fast food" and "take out"
restaurants. For purposes of this Agreement, a restaurant shall not be deemed to be a "fast food" or
"take out" restaurant if it provides sit-down dining areas and primary table service for ordering and
delivering meals and beverages, and take out service ancillary to such services.
5.1.7 Development, Construction and Completion of Public Art. Owner
shall include within the Project, (i) two (2) gateway entry signs ("Signs"), and (ii) a single or grouped
permanent work(s) of public art ("Work(s) of Public Art") consistent with the Public Art Plan
(collectively refPrrP.d to herein as the "Public Art") at a cost not to exceed Five Hundred Thousand
Dollars ($500,000) ("Public Art Fee").
5.1.8 Inclusionary Housing Fee. Owner shall pay to the City the sum of
Three Thousand Dollars ($3,000) for each Residential Unit contained in each Element ("Inclusionary
Housing Fee"). The Inclusionary Housing Fee shall be paid with respect to each Element containing
Residential Units at such time as 75% of the Residential Units within such Element have received
Utility Releases. The Inclusionary Housing Fee shall be used by the City for planning (including but
not limited to preparation of one or more elements of its general plan or for zoning amendments),
conceptual design, final design, bid preparation, award of bid, property appraisal, property
acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated
existing affordable housing in the City.
5.1.9 In-Lieu Park Development Fee. The Owner shall pay an in-lieu
park development fee in the amount of Two Million Six Hundred Thousand Dollars ($2,600,000)
with respect to the Residential Units within the Project ("In-Lieu Park Development Fee") payable
for each Element in which Residential Units are located at such time as 75% of the Residential Units
within such Element have received Utility Releases, based on a fraction the numerator of which is the
total number of Residential Units in an Element and the denominator of which is the total number of
Residential Units in the Project.
~ The City shall use not more than twenty five percent (25%) of the In-lieu Park
Development Fee for the acquisition of the land for parks and the construction of capital
I
' 11
i DOCSOC/1110339vr 1/24579-0001 AMENDMENT
TO DA 05-02
EXHIBIT 3
~~i+ ~
EXHIBTT B
PUBLIC ART PLAN
The Work(s) of Public Art shall be designed, constructed and installed by the Owner;
provided however, that the Signs shall be designed by the City at its sole expense.
2. A Final Design Plan consistent herewith, which proposes specific Work(s) of Public Art for
specific locations and/or applications, shall be submitted to the City's Planning Commission
within thirty sixty five (365) days from the issuance of the first building permit for the
Project. Owner shall install the Public Art not later than the issuance by the City of the first
certificate of occupancy for any Element.
3. The Public Art should invite participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history, and/or capture or reinforce the
unique character of the new place.
4. The Public Art should be constructed using durable materials and finishes including but not
limited to stone or metal.
The Work(s) of Public Art should be comprised of a single or grouped permanent work(s) at
a prime location visable to the public and sited to complement features such as plaza or
architectural components so that the Public Art is an integral part of the development site.
6. No Public Art shall include advertising of any type, including but not limited to products,
services or businesses.
7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not
incorporate any flashing or distracting form of illumination.
8. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public
Work(s) of Art to one or more Owners' Association(s). The City shall be solely responsible
for maintaining the Signs.
9. All Public Art shall remain on the Property and may not be removed without the approval of
the Planning Commission.
10. Expenses not included in the Public Art Fee.
Expenses to locate the artist(s) (e.g., airfare for artist interviews, etc.)
ii. Architect and Landscape Architect fees incurred in connection with the Public
Works} of Art.
iii. Landscaping around Public Work(s) of Art that is not included as part of the artist's
sculpture furnishings, including, but not limited to, functional structures,
prefabricated water or electrical features not created by the artist, and ornamental
enhancements.
iv. Utility fees associated with activating electronic or water generated artwork.
B-1
DOCSOC/ 1110339v 1 l /24579-0001
v. Lighting elements not integral to the illumination of the Public Work(s) of Art.
vi. Publicity, public relations, photographs, educational materials, business letterhead or
logos bearing artwork image.
vii. Dedication ceremonies, including sculpture unveilings or grand openings.
11. All molds, dies, or other patterns used in .constructing the t~e-{~ gate~y.-ei-signs,
together with all plans, shall be property of the City.
B-2
DOC SOC/ 1110339v 1 1 /24 5 7 9-000 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30 P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE & 6103
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
THE GRAND PLAN 2, LLC,
NDC SKYLINE ASSOCIATES, LLC,
and
INTEGRAL COMMUNITIES I, INC.
Dated: , 2008
AMENDMENT
DOCSOC/1275524v9/024579-0001 TO DA 05-02
~~I~~
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA, GRAND PLAN 2,
NDC SKYLINE ASSOCIATES, LLC, AND
INTEGRAL COMMUNITIES I, INC.
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is
entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly
authorized under the Constitution and laws of the State of California ("City"), and THE GRAND
PLAN 2, LLC, a California limited liability company ("GP2"), NDC SKYLINE ASSOCIATES,
LLC, a Delaware limited liability company ("Skyline") and INTEGRAL COMMUNITIES I, INC.,
a Delaware corporation ("Integral Communities I").
1. This First Amendment is entered into with reference to the following facts:
1.1 The Grand Plan 1, LLC, a California limited liability company ("GP 1 ") and
GP2, on the one hand, and City, on the other hand, entered into that certain Development Agreement
dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as
Instrument No. 2005000565108 ("Development Agreement") pursuant to which, among other things,
Owner (as defined in the Development Agreement) is required to install Signs and Public Art at a
cost of not to exceed Five Hundred Thousand Dollars ($500,000) all of which was to be installed
prior to the issuance by the City of the first certificate of occupancy for any Element. GP1 and GP2
subsequently assigned its rights and obligations under the Development Agreement with respect to
Lake Towers to Skyline and GP 1 assigned its rights and obligations under the Development
Agreement with respect to Integral to Integral Communities I. Capitalized terms not defined herein
shall have the meaning set forth in the Development Agreement.
1.2 Skyline, GP2, and City now desire to amend the Development Agreement so
as to remove the requirement for the installation of the Signs and to provide phasing for the
installation of the Public Art.
2. Section 2.54 and 2.59 are hereby deleted in their entirety.
3. Section 5.1.7 is hereby deleted and replaced with the following:
SECTION 5.1.7. Development, Construction and Completion of
Public Art. Owner shall include within the Project, a single or grouped
permanent work(s) of public art consistent with the Public Art Plan (the
"Public Art") at a cost not to exceed Five Hundred Thousand Dollars
($500,000) ("Public Art Fee").
4. EXHIBIT B, PUBLIC ART PLAN is hereby deleted and replaced with the document
attached hereto and referenced as Exhibit B.
5. Except as amended herein the Development Agreement shall remain in full force and
effect in accordance with its terms.
DOCSOC/1275524v9/024579-0001 7 5 ~ -11
IN WITNESS WHEREOF, this First Amendment has been executed by the City of
Santa Ana and by Owner.
Dated this _ day of , 2008.
THE CITY OF SANTA ANA, a charter city and
municipal corporation duly authorized under the
Constitution and laws of the State of California
By
DAVID N. REAM
City Manager
Approved as to Form:
By.
JOSEPH W.FLETCHER
City Attorney
[Signatures continue on following page]
2
DOCSOC/1275524v9/024579-0001 ~ ~ ~ _
THE GRAND PLAN 2, LLC, a California limited
liability company
By
Name
Its
NDC SKYLINE ASSOCIATES, LLC
a Delaware limited liability company
By -
Name
Its
INTEGRAL COMMUNITIES I, INC., a Delaware
corporation
By _
Name
Its
DOCSOC/ 1275524v9/024579-0001
75C-13
EXHIBIT B
PUBLIC ART PLAN
The Public Art shall be designed, constructed and installed by the Owner.
2. A Final Design Plan, with respect to the Element for which building permits are first issued
(the "First Element"), shall be submitted to the City's Planning Commission within thirty
(30) days prior to the issuance of a Final Certificate of Occupancy for the First Element;
thereafter a Final Design Plan for each subsequent Element (combining Cinema Towers and
the Condo/Office Project) shall be submitted to the City's Planning Commission within one
hundred fifty (150) days prior to issuance of a Final Certificate of Occupancy for such
subsequent Element (combining Cinema Towers and the Condo/Office Project). The Final
Design Plan shall (i) identify one (1) or more specific items of Public Art for one (1) or more
specific locations and/or application, and (ii) specify the timing of the installation of the
Public Art which installation shall occur not later than the first (1st) anniversary date of the
City's approval of the Final Design Plan for each respective Element . Owner shall have
committed, by written contract, to expend not less than One Hundred Twenty-Five Thousand
Dollars ($125,000) in connection with the Public Art upon the issuance of a certificate of
occupancy for each of the following (i) Lake Towers, (ii) Cinema Towers and/or the
Condo/Office Project, (iii) Integral, and (iv) Retail Project, but in no event exceeding an
aggregate of Five Hundred Thousand Dollars ($500,000). Skyline shall be responsible for
the Public Art for Lake Towers and GP2 shall be responsible for the Public Art for all other
Elements.
3. The Public Art should invite participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history, and/or capture or reinforce the
unique character of the new place.
4. The Public Art should be constructed using durable materials and finishes including but not
limited to stone or metal.
5. The Public Art should be comprised of a single or grouped permanent work(s) at a prime
location visable to the public and sited to complement features such as plaza or architectural
components so that the Public Art is an integral part of the development site.
6. No Public Art shall include advertising of any type, including but not limited to products,
services or businesses.
7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not
incorporate any flashing or distracting form of illumination.
8. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public
Art to one or more Owners' Association(s).
9. All Public Art shall remain on the Property and may not be removed without the approval of
the Planning Commission.
B-1
DOCSOC/ 1275524v9/024579-0001
75C-14
10. Expenses not included in the Public Art Fee.
i. Expenses to locate the artist(s) (e.g., airfare for artist interviews, etc.)
ii. Architect and Landscape Architect fees incurred in connection with the Public
Work(s) of Art.
iii. Landscaping around Public Work(s) of Art that is not included as part of the artist's
sculpture furnishings, including, but not limited to, functional structures,
prefabricated water or electrical features not created by the artist, and ornamental
enhancements.
iv. Utility fees associated with activating electronic or water generated artwork.
v. Lighting elements not integral to the illumination of the Public Art.
vi. Publicity, public relations, photographs, educational materials, business letterhead or
logos bearing artwork image.
vii. Dedication ceremonies, including sculpture unveilings or grand openings.
B-2
DOCSOC/ 1275524v9/024579-0001 7 5 ~ -15
ORDINANCE NO. NS -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA, GRAND PLAN 2, LLC, INTEGRAL
COMMUNITIES I, INC., AND NDC SKYLINE ASSOCIATES,
LLC, FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF MAIN STREET AND MACARTHUR
BOULEVARD
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into and amend development agreements with persons having
legal or equitable interests in real property for the purpose of establishing certainty for
both City and owner in the development process.
B. On July 5, 2005, the City Council adopted Ordinance No. NS-2691,
approving a Development Agreement with Grand Plan 1, LLC, and Grand Plan 2, LLC,
for a mixed use project, including three high rise condominiums, at the corner of Main
Street and MacArthur Boulevard in the City. Subsequently, these entities assigned a
portion of the project, known as the Integral element, to Integral Communities, Inc., a
Delaware Corporation, and a portion of the remainder from Grand Plan 1, LLC to NDC
Skyline Associates, LLC, a Delaware Limited Liability Company.
C. The City enters into this First Amendment to Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
D. The Planning Commission has, following a duly noticed public hearing, on
or about May 12, 2008, recommended approval of this First Amendment to Development
Agreement.
E. Entering into this First Amendment to Development Agreement would make
only minor changes to the project by (1) removing the requirement that the Owner 0 place
two gateway entry signs in the public right-of--way with the cost offset against the public art
otherwise required for the project, (2) alter the timing of public art to be installed as part of
the project from all at the outset, to spread out over four phases of the project, and (3)
Ordinance No. NS-
Page 1
75C-16
require Grand Plan 2 and NDC Skyline to be responsible for public art for its three phases
of the project, and Integral Communities I to be responsible for the public art for its one,
single phase.
F. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
G. The City Council has, on June 20, 2005, approved and certified an
Environmental Impact Report (EIR) in conjunction with this project and adopted a
mitigation monitoring plan together with findings and a statement of overriding
considerations. Anotice of determination was subsequently filed for this project. The
Council approves this amendment based upon this pre-existing environmental
documentation and finds that there is substantial evidence in the record, with respect to
this minor Amendment, that:
1. There are no subsequent changes proposed in the project which will require
important revisions of the EIR due to new significant effects not considered in the
EIR; and
2. There are no substantial changes occur with respect to the circumstances
under which the project is undertaken which will require important revisions in the
EIR due to the involvement of new significant effects not considered in the EIR;
and
3. There is no new information relating to the significant effects of the project
and means of reducing or avoiding those effects, which was not known and could
not have been known at the time the EIR was certified or adopted; and
4. No minor technical changes or additions are necessary to the EIR.
SECTION 2: The First Amendment to Development Agreement, a true and
correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City
Manager and Clerk of the Council are authorized to execute it on behalf of the City. The
Clerk of the City is hereby authorized and directed to cause this First Amendment to
Development Agreement to be recorded with the County Recorder's Office.
Ordinance No. NS-
Page 2
75C-17
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of
2008
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-
Page 3
75C-18
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page 4
75C-19
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30 P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE § 6103
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
THE GRAND PLAN 2, LLC,
NDC SKYLINE ASSOCIATES, LLC,
and
INTEGRAL COMMUNITIES I, INC.
Dated: , 2008
EXHIBIT 1
DOC SOC/ 12 75 524v 9/0245 79-0001
75C-20
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA, GRAND PLAN 2,
NDC SKYLINE ASSOCIATES, LLC, AND
INTEGRAL COMMUNITIES I, INC.
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is
entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly
authorized under the Constitution and laws of the State of California ("City"), and THE GRAND
PLAN 2, LLC, a California limited liability company ("GP2"), NDC SKYLINE ASSOCIATES,
LLC, a Delaware limited liability company ("Skyline") and INTEGRAL COMMUNITIES I, INC.,
a Delaware corporation ("Integral Communities I").
This First Amendment is entered into with reference to the following facts:
1.1 The Grand Plan 1, LLC, a California limited liability company ("GP1") and
GP2, on the one hand, and City, on the other hand, entered into that certain Development Agreement
dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as
Instrument No. 2005000565108 ("Development Agreement") pursuant to which, among other things,
Owner (as defined in the Development Agreement) is required to install Signs and Public Art at a
cost of not to exceed Five Hundred Thousand Dollars ($500,000) all of which was to be installed
prior to the issuance by the City of the first certificate of occupancy for any Element. GPI and GP2
subsequently assigned its rights and obligations under the Development Agreement with respect to
Lake Towers to Skyline and GP1 assigned its rights and obligations under the Development
Agreement with respect to Integral to Integral Communities I. Capitalized terms not defined herein
shall have the meaning set forth in the Development Agreement.
1.2 Skyline, GP2, and City now desire to amend the Development Agreement so
as to remove the requirement for the installation of the Signs and to provide phasing for the
installation of the Public Art.
2. Section 2.54 and 2.59 are hereby deleted in their entirety.
3. Section 5.1.7 is hereby deleted and replaced with the following:
SECTION 5.1.7. Development, Construction and Completion of
Public Art. Owner shall include within the Project, a single or grouped
permanent work(s) of public art consistent with the Public Art Plan (the
"Public Art") at a cost not to exceed Five Hundred Thousand Dollars
($500,000) ("Public Art Fee").
4. EXHIBIT B, PUBLIC ART PLAN is hereby deleted and replaced with the document
attached hereto and referenced as Exhibit B.
5. Except as amended herein the Development Agreement shall remain in full force and
effect in accordance with its terms.
DOC SOC/ 1275524v9/024579-0001
75C-21
IN WITNESS WHEREOF, this First Amendment has been executed by the City of
Santa Ana and by Owner.
Dated this day of , 2008.
THE CITY OF SANTA ANA, a charter city and
municipal corporation duly authorized under the
Constitution and laws of the State of California
By
DAVID N. REAM
City Manager
Approved as to Form:
By
JOSEPH W.FLETCHER
City Attorney
[Signatures continue on following page]
2
DOCSOC/ 1275 524v9/024579-0001
75C-22
THE GRAND PLAN 2, LLC, a California limited
liability company
3
DOCSOC/ 1275524v9/024579-0001
By -
Name
Its
NDC SKYLINE ASSOCIATES, LLC
a Delaware limited liability company
By -
Name
Its
INTEGRAL COMMUNITIES I, INC., a Delaware
corporation
By -
Name
Its
75C-23
EXHIBIT B
PUBLIC ART PLAN
1. The Public Art shall be designed, constructed and installed by the Owner.
2. A Final Design Plan, with respect to the Element for which building permits are first issued
(the "First Element"), shall be submitted to the City's Planning Commission within thirty
(30) days prior to the issuance of a Final Certificate of Occupancy for the First Element;
thereafter a Final Design Plan for each subsequent Element (combining Cinema Towers and
the Condo/Office Project) shall be submitted to the City's Planning Commission within one
hundred fifty (150) days prior to issuance of a Final Certificate of Occupancy for such
subsequent Element (combining Cinema Towers and the Condo/Office Project). The Final
Design Plan shall (i) identify one (1) or more specific items of Public Art for one (1) or more
specific locations and/or application, and (ii) specify the timing of the installation of the
Public Art which installation shall occur not later than the first (1st) anniversary date of the
City's approval of the Final Design Plan for each respective Element . Owner shall have
committed, by written contract, to expend not less than One Hundred Twenty-Five Thousand
Dollars ($125,000) in connection with the Public Art upon the issuance of a certificate of
occupancy for each of the following (i) Lake Towers, (ii) Cinema Towers and/or the
Condo/Office Project, (iii) Integral, and (iv) Retail Project, but in no event exceeding an
aggregate of Five Hundred Thousand Dollars ($500,000). Skyline shall be responsible for
the Public Art for Lake Towers and GP2 shall be responsible for the Public Art for all other
Elements.
3. The Public Art should invite participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history, and/or capture or reinforce the
unique character of the new place.
4. The Public Art should be constructed using durable materials and finishes including but not
limited to stone or metal.
The Public Art should be comprised of a single or grouped permanent work(s) at a prime
location visable to the public and sited to complement features such as plaza or architectural
components so that the Public Art is an integral part of the development site.
6. No Public Art shall include advertising of any type, including but not limited to products,
services or businesses.
7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not
incorporate any flashing or distracting form of illumination.
8. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public
Art to one or more Owners' Association(s).
All Public Art shall remain on the Property and may not be removed without the approval of
the Planning Commission.
B-1
DOC SOC/ 1275 524v9/0245 79-0001
75C-24
10. Expenses not included in the Public Art Fee.
i. Expenses to locate the artist(s) (e.g., airfare for artist interviews, etc.)
ii. Architect and Landscape Architect fees incurred in connection with the Public
Work(s) of Art.
iii. Landscaping around Public Work(s) of Art that is not included as part of the artist's
sculpture furnishings, including, but not limited to, functional structures,
prefabricated water or electrical features not created by the artist, and ornamental
enhancements.
iv. Utility fees associated with activating electronic or water generated artwork.
v. Lighting elements not integral to the illumination of the Public Art.
vi. Publicity, public relations, photographs, educational materials, business letterhead or
logos bearing artwork image.
vii. Dedication ceremonies, including sculpture unveilings or grand openings.
B-2
DOCSOC/ 1275524v9/024579-0001
75C-25
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, ,Notary Public,
personally appeared ,who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
DOC SOC/ 1275524v9/024579-0001
75C-26
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, ,Notary Public,
personally appeared ,who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
DOC SOC/ 1275524v9/0245 79-0001
75C-27
75C-28