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HomeMy WebLinkAbout FULL PACKET_2009-09-21ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 542 EAST CENTRAL AVENUE FROM COMMUNITY COMMERCIAL (Cl) TO SINGLE FAMILY RESIDENCE (R1) AND THE PROPERTIES LOCATED AT 2034 AND 2038 NORTH BUSH STREET FROM PROFESSIONAL - HEIGHT DISTRICT II (P -HDII) TO TWO FAMILY RESIDENCE (R2) (AA NOS. 2008 -03 AND 2008 -04) 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 the Community Redevelopment Agency of the City of Santa Ana (Agency) is requesting approval of Amendment Application No. 2008 -03 to change the zoning designation of the parcel located at 542 East Central Avenue from Community Commercial (Cl) to Single - Family Residence (R1). Additionally, the Agency is requesting approval of Amendment Application No. 2008 -04 to change the zoning designation of two adjacent lots at 2034 and 2038 North Bush Street from Professional (P), Height District II (HDII) to Two - Family Residence (R2). B. On August 10, 2009, the Planning Commission held a duly noticed public hearing and voted 6:0 (Betancourt absent) to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2008 -03 for the property located at located at 542 East Central Avenue. 2. Adopt an ordinance approving Amendment Application No. 2008 -04 for the property located at 2034 and 2038 North Bush Street. C. The zoning designation for 542 East Central Avenue is Community Commercial (Cl), which is inconsistent with the General Plan land use designation of Low Density Residential (LR). Surrounding land uses include a church use to the north, single - family dwellings to the east, and duplexes to the south and west. The proposed action would bring the zoning into conformance with the General Plan land use element designation for the property. 11 A -1 D. The zoning designation for the properties located at 2034 and 2038 North Bush Street is Professional (P), with a General Plan designation of District Center (DC). Surrounding land uses include multi - family dwellings to the north, a mix of single and multi - family dwellings across the street to the east, single - family dwellings to the south and commercial uses facing Main Street to the west. The proposed action would bring the zoning into conformance with the General Plan land use element designation for the properties. E. The proposed action will create consistency between the General Plan land use designations, zoning district and existing land uses. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that this proposed project is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Requests for Council Action dated September 8, 2009 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2009 -03 and 2009 -04 are 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 (CEQA), the proposed project is exempt from CEQA under General Exemption 15061(b)(3). The proposed action will bring zoning into compliance with the City's General Plan and will not have a significant effect on the environment. Environmental Review Nos. 2008 -56 and 2008 -57 will be filed for this project. Section 2. The real property located at located at 542 East Central Avenue is hereby rezoned from Community Commercial (Cl) zoning district to Single - Family Residence (R1) zoning district. (AA No. 2009 -03) Amended Sectional District Map number 30 -5 -9 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit 1" and incorporated by this reference as though fully set forth herein. Section 3. The real property located at located at 2034 and 2038 North Bush Street is hereby rezoned from Professional (P), Height District II (HDII) zoning district to Two - Family Residence (R2) zoning district. (AA No. 2009 -04) Amended Sectional District Map number 6 -5 -9 showing the above described change in use district designa- tion, is hereby approved and attached hereto as Exhibit "2" and incorporated by this reference as though fully set forth herein. Section 4. 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, 11 A -2 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 , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 "� _ULJ I UNUIU U U U U U U AVE. 656 lx_° R2 n-sa C2 r _ R2 R2 W R2 Q R1 R2 Ml Ml C1 F' N I R2 Z R2 R2 �S� R2 R cl R2 ��� R2 � C2 :. R2- R2 (a} Rz R2 R2 PRD SD -12 cz Mt a Mt Mt xP PR R2 � -- --- R2 Y-, Ml Ml M SD -63 Ml TC2m1 i SD -12 I II --- II II I I - -- I I - -- $ II M1 °' M1 Ml All M2 � �P P a a City of Tustin M1 Mt Mt SD -43 SD 43 SD -43 SD -43 y S 15.5 `n h C Zoning District SECTIONAL DISTRICT MAP 3059 ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 171967 BY ORDINANCE NS 338 SCALE IN FEET -6000 uwiNU6a eo� gAne Al GENEHALAGRICULTURAL C -SIN SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R7 SINGLE-FAMILY RESIDENCE si —AMO�F TIE CT -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT MI LIGHT INDUSTRIAL R2 TWPFAMILY RESIDENCE exro�i+� ea ne rnvr, �A . G2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE- FAMILY RESIDENCE ' , �H S* rru� rws nuvis.lauE E OlwOrwt sE<iONAI.DV51 M:i C3 CENTRALBUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT ex°P'M C3 -A CENTRAL BUSINESS- ARTISTS VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE sp.a C4 PLANNED SHOPPING CENTER OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT G5 ARTFRIAL COMMFRCIAI. P PROFESSIONAL SP SPECIFIC PLAN i6xxwc Area rxxcAa rcv CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT moan ,rssNNr, xE6 A A ANi � 0 No SECTlC>NAlL DIS-FR14CY MAP 30-5-9 LEVPREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED 12A08 EXHIBIT 1 11 A -4 W 0 /1 W y 1 -s -w J Z Q J 1.51] :SIT SEVENTEENTH ST. Zoning District SECTIONAL DISTRICT MAP 6 -5 -9 ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17.1959 BY ORDINANCE NS -394 Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT Cl COMMUNITYCOMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE C7 -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT M7 LIGHT INDUSTRIAL R2 TWO- FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS- ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE 04 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN C13 COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT SCALE IN FEET 60- MINIMUM FRONTAGE 6000 MINIMUM LOTAREA, THIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CRY OF SANTA ANA. AS AUTHORIZED BY CRY COUNCIL RESIXUTION N0. 74.163, DATED 11 1 8,74.1 HEREBYATTEST THAT THIS MAP ISATRUE COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO 669. yrea Av VEEEINE GR Pa1EiAiIHGUS BU.LpNGAGENCY o1e C.. MaV V. ­7 PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA O EXHIBIT 2 REVISED '�8 11 A -5 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING COUNTY OF ORANGE, FAMILIES AND COMMUNITIES TOGETHER FUNDS IF 11111111MY, 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 an appropriation adjustment recognizing $33,651 in the County of Orange, Families and Communities Together program revenue account (no. 16913002- 52001) and appropriating same to the Families and Communities Together program expenditure account (no. 16913211- various). DISCUSSION The Families and Communities Together (FaCT) Program, which operates out of the Corbin Family Resource Center, provides services promoting safe and stable families to at- risk -youth and families with children ages birth through 18 years. The FaCT Program is funded by the Children's Bureau of Southern California, a non - profit organization. The County of Orange, designated as the lead agency to administer the program, has been allocated a total of $205,235 for FY 2009 -10 to fund the Corbin Family Resource Center. As a partner agency, the Parks, Recreation and Community Services Agency will receive $33,651 of the total amount allocated to provide information and referral services for the community and clients attending programs at Corbin. Other partner agencies include Olive Crest Treatment Centers, Children's Bureau and Human Options. FISCAL IMPACT The appropriation adjustment will enhance the County of Orange, Families and Communities Together program revenue account (no. 16913002- 52001) and Families and Communities Together program expenditure account (no. 16913211- various) by $33,651. APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Recreation and Com. Svcs . 0 A _fnance & Management Services Agency ` ll" REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE: AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Service Employees International Union Local 721 regarding wages and other terms and conditions of employment for the Part -Time Civil Service employees. DISCUSSION The City and the Service Employees International Union (SEIU) recently completed contract negotiations resulting in a one -year modification to the 2008 -09 and 2009 -10 amended Letter of Agreement. This modification period covers July 1, 2009 through June 30, 2010. The provisions of this amended agreement are as follows: 1) Salary: July 1, 2009 = 4% (already provided) October 1, 2009 = 4% pay decrease January 1, 2010 = 0% July 1, 2010 = 4% (deferred from October 1, 2009) July 1, 2011 = 2.5% (deferred from January 1, 2010) 2) Furlough days: Part -time Civil Service employees who work 30 hours per week shall serve six (6), six -hour unpaid furlough days by June 30, 2010. 3) There shall be no layoff of members of this bargaining unit (PTCS) during Fiscal Year 2009 -10. 25A -1 Agreement with SEIU September 21, 2009 Page 2 of 2 FISCAL IMPACT There is a $7,972 savings to the City for the deferral of salary increases, as well as unpaid furlough days. "I�n= Kathie S— Acting Executive Director Personnel Services 25A -2 ONE -YEAR CONTRACT MODIFICATION TO THE LETTER OF AGREEMENT FOR PART -TIME CIVIL SERVICE EMPLOYEES BETWEEN THE CITY OF SANTA ANA AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721 FOR FISCAL YEAR 2009 -10 The City of Santa Ana (City) and the Service Employees International Union (SEIU) have met and agreed to amend the Letter of Agreement (LOA) between the CITY and SEIU for Fiscal Year 2009 -10. The existing LOA provisions will remain unchanged unless addressed by this addendum. The expiration date of the LOA will remain as June 30, 2010, and the LOA will be amended as follows. AMENDED ARTICLE III (new language in bold) 3.5 Furlough Days. During FY 2009 -10, each employee shall use 36 hours (equivalent to six, six - hour days) of unpaid furlough time as follows: • Each employee must use one workday's worth of hours per month (one shift per month) until the unpaid furlough hours are exhausted; • Number of hours per day matches employee's schedule ✓ 6 hour per day work schedule = 6 furlough hours per month; • Employees working less than 25 hours per week shall be exempt from furloughing • For all schedules, overtime will be calculated after 40 hours in the workweek; • A furlough day cannot be used on a working Friday; • Manager /Supervisor approval is needed for selected furlough shift off, based on business need. AMENDED ARTICLE IV (new language in bold) 4.3 Salaries. H. Effective July 1, 2009, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4 %). Effective October 1, 2009, the base salary of employees covered by this Agreement shall be decreased by eight (8) salary rate ranges (approximately 4 %). 25A -3 K. Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by eight (S) salary rate ranges (approximately 4 %). L. Effective January 1, 2011, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5 %). AMENDED ARTICLE XXII (new language in bold) 22.5 The City agrees there shall be no layoffs of members of this bargaining unit (PTCS) during the fiscal year 2009 -10. 25A-4 . 's Fawn K. Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by eight (S) salary rate ranges (approximately 4 %). L. Effective January 1, 2011, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5 %). AMENDED ARTICLE XXII (new language in bold) 22.5 The City agrees there shall be no layoffs of members of this bargaining unit (PTCS) during the fiscal year 2009 -10. 25A-4 ARTICLE XXIX 29.0 RATIFICATION & EXECUTION 29.1 The City and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Union acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Union and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Letter of Agreement is hereby executed by the authorized representatives of the City and the Union and entered into this 21" day of September, 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated • By: Mayor Dated: By: City Manager bated:— �I y`1 By: = Director - Personnel Services ATTEST: Clerk of the Council APPROVED AS TO FORM: A pa tant City Attorney WWI 25A -5 This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721. Dated: 1 M UPI SEIU: 3 2 Joaquin Avalos, President Robert Penney, GeneQ Manager 0, A Angelo Giron, Representative REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE COOPERATIVE AGREEMENT WITH OCTA TO DEVELOP THE SARTC MASTER SITE PLAN AND TO CONDUCT THE SANTA ANA BOULEVARD GRADE SEPARATION STUDY n 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 Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the Orange County Transportation Authority (OCTA) subject to non - substantive changes approved by the City Manager and City Attorney to develop the Santa Ana Regional Transportation Center ( SARTC) Master Site Plan and to conduct the Santa Ana Boulevard Grade Separation Study. DISCUSSION On February 17, 2009, Council authorized staff to submit an application for funding under the Renewed Measure M Project T program to convert Metrolink stations into region gateways that connect Orange County with planned future high -speed rail systems. The City's funding application for $3 million in Project T revenue was for the initial planning and conceptual engineering phase for the SARTC Master Site Plan and grade separation of Santa Ana Boulevard. On March 23, 2009, the OCTA Board approved Santa Ana's funding request for $3 million comprised of $2,660,000 million in Regional Surface Transportation Program funding and $340,000 million in M1 Transit Revenue. Alternative funding sources were used to fund the requests of the cities of Fullerton, Irvine, and Santa Ana because the OCTA Board voted to fund the full Anaheim project application using Project T funding. The scope of work for the each project is as follows: 25C -1 Cooperative Agreement For SARTC Master Plan and Santa Ana Boulevard Grade Separation Study September 21, 2009 Page 2 SARTC Master Site Plan • Environmental evaluation • Space needs study • On and off site parking requirements • Station area study for different transit modes • Maintenance facility for fixed guideway (modern streetcar) • Circulation study for buses and vehicles • Integration of land use and transportation (TOD development) • Pedestrian access and circulation • Fly away destination and ZIP car rental facility studies Santa Ana Boulevard Grade Separation Study • Environmental evaluation • Alignment study • Preliminary engineering • Right -of -Way impacts /cost estimates • Detour routing for vehicles and trains during construction • Access to SARTC, business and downtown during construction Staff will be releasing two separate Request for Proposals (RFP) in mid October 2009, one for the SARTC Master Site Plan and the other for the Santa Ana Boulevard Grade Separation Study. Both are expected to be completed within 24 months. The cooperative agreement with OCTA states that Santa Ana will be the lead agency and clarifies the roles and responsibilities of both agencies. The agreement also stipulates that OCTA is committed to funding this phase of the projects including planning, preliminary engineering and environmental evaluation. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. JX1 eorge AlVarez Acting Executive Director Public Works Agency 25C -2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C- 9 -XXXX BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR SANTA ANA REGIONAL TRANSPORTATION CENTER EXPANSION THIS AGREEMENT is effective this day of 2009, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Santa Ana, 20 Civic Center Plaza, M -21, California 92702, a municipal corporation (hereinafter referred to as "CITY "). RECITALS: WHEREAS, AUTHORITY and the CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between the AUTHORITY and CITY for the planning and preliminary engineering work associated with the proposed expansion of the Santa Ana Regional Transportation Center; (hereinafter referred to as "PROJECT "); and WHEREAS, CITY is an eligible recipient of Federal funding under the Regional Transportation Surface Program (RSTP) and the PROJECT is eligible for RSTP funding; and WHEREAS, the AUTHORITY's Board of Directors, on April 27, 2009, approved funding providing $2,660,000 of RSTP funds and $340,000 of M1 Transit Funds for a total of $3,000,000; and WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration (FHWA) authorization is required following the AUTHORITY's amendment to the Regional Transportation Improvement Program (RTIP), and in order to proceed or commence each phase of PROJECT for performance under this Agreement; and Page 1 of 8 25C -3 AGREEMENT NO. C -9 -0605 I WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, 2 Efficient Transportation Equity Act - A Legacy for Users which provides the RSTP funding and was 3 passed by the federal government in 2005 will expire in September of 2009 and that RSTP funding 4 for the PROJECT is contingent on funding being available through this Act and the PROJECT 5 maintaining its eligibility for this funding; and 6 WHEREAS, AUTHORITY and CITY agree that the CITY is the direct recipient for RSTP 7 funds through Caltrans; and s WHEREAS, CITY and AUTHORITY agree that the total full funding for this phase of the 9 PROJECT including planning, preliminary engineering and environmental clearance shall be Three 10 Million Dollars ($3,000,000) in accordance with the funding schedule shown as Exhibit 1, which is I attached herein and incorporated by reference; and 12 WHEREAS, CITY agrees to act as lead agency for planning, preliminary engineering and 13 environmental clearance of said PROJECT; and 14 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and 15 funding responsibilities between AUTHORITY and CITY for completion of the PROJECT. 16 WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on 17 September XX, 2009; and is NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 19 follows: 20 ARTICLE 1. COMPLETE AGREEMENT 21 A. This Agreement, including any exhibits and documents incorporated herein and made 22 applicable by reference, constitute the complete and exclusive statement of the terms and conditions 23 of this Agreement between AUTHORITY and CITY concerning funding of PROJECT. The above - 24 referenced Recitals are true and correct and are incorporated by reference herein. 25 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any 26 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of Page 2 of 8 25C -4 AGREEMENT NO. C -9 -0605 1 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), 2 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any 3 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed 4 in writing by an authorized representative of AUTHORITY by way of a written amendment to this 5 Agreement and issued in accordance with the provisions of this Agreement. 6 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 7 AUTHORITY agrees to the following responsibilities for PROJECT: 8 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California 9 Association of Governments (SCAG) amend the Regional Transportation Improvement Program (RTIP) 10 to program $2,660,000 dollars in accordance with the funding plan and schedule outlined in Exhibit 1, 11 whereby AUTHORITY's performance under this Agreement is contingent upon SCAG and FHWA 12 approval. 13 B. AUTHORITY shall provide assistance to CITY in securing the RSTP funds. 14 C. AUTHORITY shall not be obligated to program any amount beyond what has been 15 identified in this Article. 16 D. AUTHORITY shall process any required RTIP amendments. 17 18 E. AUTHORITY shall provide $340,000 in Measure M Transit funds to serve as local matching funding. 19 ARTICLE 3 RESPONSIBILITIES OF CITY 20 CITY agrees to the following responsibilities for PROJECT: 21 A. CITY will act as the lead in developing a Santa Ana Regional Transportation Center 22 (SARTC) Master Plan and processing a Project Study Report for the Santa Ana Grade Separation 23 Project. The scope of work for each project is as follows: 24 SARTC Master Plan: environmental evaluation, space needs study, on and off site parking 25 requirements, station area study for different transit modes, maintenance facility for fixed guideway, 26 circulation study for buses and vehicles, integration of land use and transportation (TOD Page 3 of 8 25C -5 AGREEMENT NO. C -9 -0605 I development), pedestrian access and circulation, Fly away destination and ZIP car rental facility 2 studies. 3 Santa Ana Grade Separation: environmental evaluation, alignment study, preliminary 4 engineering, right -of —way impacts/ cost estimates, detour routing for vehicles and trains during s construction, access to SARTC, business and downtown during construction. 6 A. CITY is responsible for preparing and submitting all necessary Caltrans required 7 documentation. 8 B. CITY is responsible for completing the PROJECT in accordance with the funding v schedule (Exhibit 1), timely use of funds requirements, and to abide by all RSTP programming 10 guidelines and any and all other requirements of the federal, state, and Caltrans related to the u RSTP. 12 D. CITY is responsible for immediately notifying the AUTHORITY in writing of any 13 changes to the PROJECT schedule that would jeopardize funding of the PROJECT. 14 E. CITY agrees that the overall budget for this phase of the PROJECT is a not -to- 15 exceed amount of Three Million Dollars ($3,000,000); contingent on full funding from reauthorization 16 or extension of SAFETLU. F. CITY agrees that any cost overruns shall be the responsibility of the CITY. 18 G. CITY will submit periodic invoices to the California Department of Transportation. 19 In addition, CITY shall submit final invoices to the U.S. Department of Transportation within 180 20 days of PROJECT's completion and request the due RSTP funds. 21 H. In addition to meeting the requirements of Article 3, paragraph D, City will submit 22 semi- annual report for the period of January 1 through June 30 due on July 31 of each year and for 23 the period of July 1 through December 31 due on January 31 of each year to AUTHORITY providing 24 summary information that includes brief summary of overall project progress, project schedule and 25 adherence or deviations, project budget by phase and by source, funds spent by source and RSTP 26 funds reimbursed through Caltrans. Page 4 of 8 25C -6 AGREEMENT NO. C -9 -0605 1 I. CITY will comply with all federal, state and local laws and regulations. 2 J. CITY agrees to comply with all Federal Highway Administration third party 3 contracting laws and regulations pursuant to including but not limited to federal, state, and local 4 laws, and shall include all laws and regulations in any PROJECT related contract entered into by the s CITY. 6 K. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 7 employees and agents from and against any and all claims (including attorney's fees and reasonable 8 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 9 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 10 negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in 11 connection with or arising out of the performance of this Agreement. 12 ARTICLE 4. DELEGATED AUTHORITY 13 The actions required to be taken by CITY in the implementation of this Agreement are 14 delegated to its Director of Public Works or his designee and the actions required to be taken by 15 AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Officer. 16 ARTICLE 5. AUDIT AND INSPECTION 17 CITY shall maintain a complete set of records in accordance with generally accepted 18 accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of 19 AUTHORITY to inspect and audit all work, materials, payroll, books, accounts and other data and 20 records of CITY for a period of four (4) years after final payment, or until any on -going audit is 21 completed. AUTHORITY shall also have the right to reproduce any such books, records and 22 accounts. Contracts with CITY's contractors shall include the above provision with respect to audits. 23 ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED: 24 All parties agree to the following mutual responsibilities regarding PROJECT: 25 26 Page 5of8 25C -7 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0605 A. This Agreement shall continue in full force and effect through final acceptance of PROJECT by AUTHORITY or PROJECT close out date of December, 30 2011, or whichever is later. This Agreement may only be extended upon mutual agreement by both parties. B. This Agreement may be terminated by either party after giving thirty (30) days written notice. This Agreement shall not be terminated without mutual agreement of both parties. C. This Agreement may be amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. D. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. E. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows: To CITY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority P.O. Box 1988 550 South Main Street P. O. Box 14184 Santa Ana, CA 92702 Orange, CA 92863 -1584 Attention: James G. Ross Attention: Venita Todd Executive Director, Public Works Agency Senior Contract Administrator cc. David Biondolillo, Project Manager cc: Roger M Lopez Manager, Local Measure M Programs Tel: (714) 647 -5603 Tel: (714) 560 -5427; Fax: (714) 560 -5734 Email: dbiondolillo @santa - ana.org Email: vtodd @octa.net Page 6 of 8 25C -8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0605 F. The headings of all sections of this Agreement are inserted solely for the convenience of reference and are not part of and not intended to govern, limit or aid in the construction or interpretation of any terms or provision thereof. G. The provision of this Agreement shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. H. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. I. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. J. Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -9 -0605 to be executed on the date first above written. CITY OF SANTA ANA By: Miguel Pulido Mayor ATTEST: ORANGE COUNTY TRANSPORTATION AUTHORITY By: Will Kempton Chief Executive Officer APPROVED AS TO FORM: Page 7 of 8 25C -9 Bv: xxxxxxxxxx City Clerk APPROVED AS TO FORM: xxxxxxxxxxx, City Attorney By: Deputy City Attorney Dated: AGREEMENT NO. C -9 -0605 Bv: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: Bv: Kia Mortazavi Executive Director, Development Dated: Page 8of8 25C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE: AGREEMENT AMENDMENT WITH COMMUNICATIONS SUPPORT GROUP FOR CABLE TV CONSULTING SERVICES MY 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Communications Support Group to provide cable television consulting services for a one -year period in an amount not to exceed $85,870, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana annually conducts cable television Technical Testing and Proof of Performance reporting based on Federal Communications Commission (FCC) requirements. In addition, the City provides a community bulletin board (Channel 3), an electronic Stadium Marquee, the CCN community display system, and other services that require video production services. Communications Support Group will conduct the annual comprehensive technical FCC performance test, maintain records necessary to monitor the cable operator's compliance with the City Television Subscriber Protection Ordinance and submit the annual cable regulatory report documenting overall cable company activity and performance. Communications Support Group will assist with the supervision of the CTV3 playback operator and prepare reports for the Board of Parks and Recreation monthly board meetings. The base agreement amount is $80, 370. This agreement includes a $5,500 contingency for unanticipated work, for a total agreement amount of $85,370. The Parks, Recreation and Community Services Agency is satisfied with the quality of services that Community Support Group has provided and supports approval of the recommended action. 25D -1 Agreement Amendment with CSG September 21, 2009 Page 2 FISCAL IMPACT Funds for this agreement are available in the Recreation Other Contract Services account (no. 01113230- 62300). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet F rancisco Gutierrez Executive Director Executive Director Parks, Recreation and Community Finance & Mgmt. Services Agency Services Agency -, /J i 25D -2 THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered into on September 21, 2009, by and between Communications Support Group, a sole proprietorship ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # A- 2006 -277, dated October 16, 2006, as amended by Agreement #A- 2007 -247 and Agreement #A2008 -276 (hereinafter, collectively, the " Agreement') by which Consultant has provided cable television compliance services to the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the term and modify compensation 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 Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide that during the term from November 1, 2009 through October 31, 2010 Consultant shall perform those services set forth in Exhibits A -3 and B -3, attached hereto. In performance of those services, City shall continue to provide office space, telephone, computer and printer, access to City e -mail and parking for Consultant. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services a total sum, not to exceed $80,370.00, annually for all hours worked, travel and expenses during the extended term of said Agreement, plus $5,500.00 contingency for additional work as determined by the Executive Director. Said compensation (excluding contingency) shall be paid in 24 equal payments during the one -year renewal of this Agreement." Section 3, TERM, shall be amended to extend the termination date to October 31, 2010. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney 0 25D -4 CITY OF SANTA ANA DAVID N. REAM City Manager COMMUNICATIONS SUPPORT GROUP KATHERINE BOWERS EXHIBIT A -3 Scope of Work Contractor agrees to provide, upon request, technical support to City Manager and Executive Director of the Recreation and Community Services Agency for the City's Cable Television operations up to twenty -eight (28) hours per week of which twelve (12) will be dedicated to development of the community bulletin board and including but not limited to cable programming, customer service and franchise compliance /administration as follows: 1. Monitor currency and accuracy of franchise security and certificate of insurance documents provided by the Cable Operator. 2. Receive /document resolution to subscriber's complaints related to the city's video service providers from cable (Time Warner Cable) and phone (AT &T) and respond to cable television program inquiries from City Officials and citizens. 3. Assist in providing information for; and attend Parks and Recreation Advisory Board regarding video services. Attend meeting upon request if needed. 4. Monitor cable operator's telephone response time and report results to City. 5. Maintain databases necessary to monitor Cable Operator's compliance to City Cable Television Subscriber Protection Ordinance and to provide information based on inquiries. 6. Maintain in City Cable Office historical and current records of cable television programs, franchise agreement and related documentation. 7. Assist with any organization requirements for programming related to City Channel 3 (CTV3). 8. Assist city with EG channels related to AT &T for local channel connectivity. 9. Assist with obtaining outside city programming appropriate for CTV3 to enhance the channel such as community public service announcements, Orange County locally produced programs and news segments about Santa Ana such as videos from the OC Register. 10. Assist in supervision of city playback operator for CTV3 regarding monthly scheduling chart, and reports for Parks and Recreation monthly board meeting, tape and dvd library organization, dvd dub requests and city council playback. 11. Provide comprehensive technical performance testing of the subscriber cable system as set forth in Exhibit `B -3 ". This testing based on FCC standards will be conducted 25D -5 during the months of July or August during peak heat times of the year. 12. Prepare a comprehensive annual CTV3 and cable regulatory report with performance and activity. This report will be completed at the conclusion of the calendar year. 13. Receive files from CCN of initiatives that would be applicable to CTV3 and load mpegs into city channel 3 Scala System to cablecast on CTV3. 14. Work with city video engineer related to CTV3 control room maintenance repairs, order of any necessary equipment to keep channel running properly for programming, bulletin board and city council meetings. 15. Attend meetings on an as needed basis related to cable and CTV3 television videos as needed, i.e. State of City Address and Santa Ana Zoo. 16. Prepare and maintain the city community bulletin board complete with multi media: text, photos, video and advanced graphics incorporating city information. 17. Assist in development and organization of quarterly programming information to CCN: includes basic information for each initiative, work with Executive Director to clarify topic matter and contacts. Follow through in providing information to CCN production management. 0 w 1 EXHIBIT B -3 PROOF OF PERFORMANCE TESTING I. Perform a series of television signal level measurements to ascertain franchisee compliance. All testing shall be coordinated and supervised by Consultant. A. Test shall be performed at the tap location under the existing conditions. B. No accommodations shall be made to allow the City to correct problems found prior to testing. C. Prior to the commencement of testing, obtain the necessary calibration certificate For all frequency /voltage sensitive equipment which will be used in the field testing from the Grantee. D. A 100' calibrated RG -59 jumper shall be used to connect the output of a Subscriber tap to the input of the measuring equipment. II. An abbreviated proof of performance check shall be completed and tested for compliance as set forth in the following sections. A. The following test shall be performed at the headend prior to field testing and then at all subscriber network testpoints. Vistigal carrier levels Aural carrier levels Vistigal /Aural difference (calculated) Sweep Peak -to- Valley Carrier -to -Noise Low frequency distortions ( "Hum ") Composite Triple Beat TASO rating of picture distortions on all channels B. The following inspections shall be made at the headend: Stand -by- carriers NET patch bays and switching bridges Stand -by power generators Radio carriage Aural levels Emergency override equipment Installation of leased access equipment Microwave and satellite receive equipment C. The following inspections shall be performed at the franchisee's office and elsewhere: Telephone answering equipment Billing, converter, and converter addressing computer equipment Parental control lock systems 25D -7 III. Prepare a final comprehensive report (test and summary report) following the conclusion of the performance test. A. The test report shall include a description of testing methods, testing criteria, list of locations tested, and test scores. B. The summary report ( "Executive Report") shall employ graphs and charts summarizing the scores of all testpoints and make comparative analysis of the test results to the minimum standards found in the franchise and the current CFR 47 Part 76 (FCC) Rules and Regulations. M REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE: AGREEMENT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 131 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 amendment with Vista Del Verde Landscape, Inc. dba Bevill Landscape Management to provide landscape maintenance services at the Santa Ana Zoo at Prentice Park in the amount of $112,720 for a one - year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance of all City parks and recreational facilities, including the Santa Ana Zoo at Prentice Park. On September 2, 2008, the City Council approved a one -year agreement with Vista Del Verde Landscape. The one -year agreement expires September 30, 2009. The Santa Ana Zoo landscape has been contract maintained since September 2003. Over the past year, Vista Del Verde has done a good job maintaining the Zoo landscape and staff is pleased with their rate of progress in improving the Zoo grounds. The original total contract amount is $102,720, and Vista Del Verde has agreed to continue maintaining the Zoo for the same contract cost. This agreement includes a $10,000 contingency for unanticipated and emergency work, for a total agreement amount of $112,720. 25E -1 Agreement for Landscape Maintenance Services for the Santa Ana Zoo at Prentice Park September 21, 2009 Page 2 FISCAL IMPACT Funds are available in the Park Maintenance Contract Services account (no. 01113250- 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E -2 FIRST AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on September 21, 2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management ( "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- 2008 -260, dated September 2, 2008, (hereinafter "said Agreement ") by which Contractor has provided high -level landscape maintenance for the Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions. B. The parties now wish to amend said Agreement to extend the term for an additional one -year period and provide the identical compensation to pay for the identical services to be performed 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 First Amendment to Agreement, the parties agree as follows: Section 2.a., COMPENSATION shall be amended as of October 1, 2009 to read as follows: a. City agrees to pay, and Contractor agrees to accept as total payment for its services during the Extended Term, the rates and charges identified in Exhibit A. The total charged for monthly routine maintenance during any month of the Extended Term shall be $8,560.00. An additional $10,000.00 contingency shall available for unanticipated expenses during the Extended Term, which shall be authorized in writing executed by the Executive Director of Parks, Recreation and Community Services or designated representative. The total sum to be expended under this First Amendment to Agreement shall not exceed $112,720.00 during the Extended Term. 2. Section 3, TERM, shall be extended for an additional one -year period, commencing October 1, 2009 and terminating at midnight on September 30, 2010, unless terminated earlier in accordance with Section 12 of the Agreement (herein referred to as the "Extended Term "). 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25E -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufinan Chief Assistant City Attorney APPROVED AS TO CONTENT: GERARDO MOUET Executive Director Parks, Recreation and Community Services Agency 25E -4 CITY OF SANTA ANA DAVID N. REAM City Manager VISTA DEL VERDE LANDSCAPE, INC. ROBERT S. JOHNSON President Tax ID# REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE: APPROPRIATION ADJUSTMENT AND RESOLUTION TO EXECUTE AGREEMENT WITH COUNTY OF ORANGE FOR GREEN JOB CORPS GRANT 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 1. Approve an appropriation adjustment recognizing $84,410.00 in American Recovery & Reinvestment Act youth funds awarded to the City of Santa Ana W /O /R /K Center by County of Orange for the California Green Job Corps Project. 2. Adopt a resolution authorizing the City Manager or designee to execute all necessary documents for Workforce Investment Act Green Job Corps Grant Project with the County of Orange /Orange County Workforce Investment Board. DISCUSSION On August 25, 2009, the Orange County Board of Supervisors on behalf of the Orange County Workforce Investment Board awarded the City of Santa Ana W /O /R /K Center with an $84,410 American Recovery and Reinvestment Act (ARRA) Green Job Corps grant. The Orange County Green Job Corps project will provide a unique opportunity to launch a skills training and community service program that supports California's emerging green economy for businesses, homes, and communities. Under the direction of the Orange County Workforce Investment Board, the Green Job Corps project will bring together partners which will include the three Workforce Investment Boards, community colleges, community -based agencies, and businesses. The City of Santa Ana /Workforce Investment Act will leverage these grant funds with an additional $46,425 of Workforce Investment Act funds. The Santa Ana Green Job Corps project will serve 27 at -risk and disconnected youth, between the ages of 16 -24 over a twenty -month period. The Project will train youth for a variety of green careers in eco- 55A -1 AA & Agreement with County for Green Job Corps Grant September 21, 2009 Page 2 friendly industries while they continue their education. They will also participate in work experience and community service activities tied to the green economy. Program participants will receive pre- employment, work maturity, life skills workshops, and will participate in specialized education programs on civic responsibility and environmental stewardship. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Orange County Green Job Corps account (account no. 12418738- various). Cynth a J. Ne son Deputy City Manager for Development Services Community Development Agency CJN /BG /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez f o Executive Director r Finance & Management Services Agency 55A -2 9/09/091es RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT GREEN JOB CORPS GRANT PROJECT WITH THE COUNTY OF ORANGE, ORANGE COUNTY WORKFORCE INVESTMENT BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On August 25, 2009, the Orange County Board of Supervisors, on behalf of the Orange County Workforce Investment Board, awarded the City of Santa Ana WORK Center with an $84,410 American Recovery and Reinvestment Act (ARRA) Green Job Corps grant. B. The Orange County Green Job Corps grant project (Project) will provide the opportunity to launch a skills training and community service program that supports California's emerging green economy for businesses, homes and communities. Under the direction of the Orange County Workforce Investment Board, the Project will bring together partners which will include the three Workforce Investment Boards, community colleges, community -based agencies and businesses. C. The City of Santa Ana will leverage the County grant funds with an additional $46,425 of Workforce Investment funds and the Project will be completed by March 30, 2011. D. The Project will serve twenty -seven (27) at -risk and disconnected youth, between the ages of 16 -24 over this twenty month period. The Project will train youth for a variety of green careers in eco- friendly industries while they continue their education. They will also participate in work experience and community service activities tied to the green economy. Program participants will receive pre - employment, work maturity, life skills workshops, and will participate in specialized education programs on civic responsibility and environmental stewardship. Section 2. The City Council of the City of Santa Ana authorizes the City Manager or his designee to execute, in the name of the City of Santa Ana, all necessary documentation and agreements required for the Orange County Green Job Corps grant project. 55A -3 9/09/091es 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 12009. 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, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2009- 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 55A -4