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FULL PACKET_2011-10-03
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 19, 2011 CLOSED SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:15 p.m.) CLAUDIA ALVAREZ, Mayor Pro Tern (5:26 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Bustamante, Benavides, Martinez, Sarmiento, and Tinajero. MOTION: Elect Councilmember Bustamante Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: SECOND: Sarmiento Benavides, Bustamante, Martinez, Sarmiento, Tinajero (5) None (0) None (0) ABSENT: Alvarez, Pulido (2) CITY COUNCIL MINUTES 1 SEPTEMBER 19, 2011 1 0A -1 PUBLIC COMMENTS - None COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza for Closed Session discussion at 5:11 p.m. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) Mayor Pulido arrived at 5:15 p.m. and Mayor Pro Tern Alvarez at 5:26 p.m. CITY COUNCIL MINUTES 2 SEPTEMBER 19, 2011 G r�7. 1B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT — See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:31 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES i NMI SEPTEMBER 19, 2011 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE REGULAR OPEN SESSION POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:32 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES (6:37 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO (6 :37 p.m.) SAL TINAJERO (6:37 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO CLOSED SESSION REPORT — See Agenda Item 19A for Report. PUBLIC COMMENT • Francisco Barragan, opined that Interim City Manager and Police Chief roles assumed by Paul M. Walters is overextended and should have dedicated personnel in said positions, even with City's budget situation. • Stanley Fiala, commented on privileged speech, first amendment rights and right to feel unwavering. • Art Lomeli, representing Downtown PRIDE, seek dissolution of PBID; opined that 65% of PBID funds should be dedicated to 4t" Street merchants for marketing and promotions; Downtown Inc. has been directed to reorganize and restructure bylaws. • Mark Roberts, spoke in support of Councilmember Bustamante, urged not to resign. • Aurora (Penny) Lucio, expressed support for Councilmember Bustamante and for efforts to improve Downtown Santa Ana. • Saul Delgado, commented on great improvements throughout Downtown and decision to remain in Santa Ana was because of direct efforts by Councilmember Bustamante. CITY COUNCIL MINUTES 4 SEPTEMBER 19, 2011 1 0A -4 • Sam Romero, urged the City Council to dissolve PBID, efforts by Downtown Inc. focused in Artist Village and promotion of restaurants in eastside. • Connie Hamilton, announced that Comlink to host event at Yost Theater on September 22 "d, topic would include Downtown Inc.; also Connect to Council to host resource event to highlight Ward 6 and discuss code enforcement, school and neighborhood partnerships, and traffic congestion. • David Brandt, commented on Agenda Item 25C, concerned with potential relocation of major league soccer team, loss of open space, impacts to wildlife, neighborhoods, and traffic. • Alex Vega, commented on Agenda Item 25C, opined that Chivas USA not relocating to Santa Ana; and commented that promotional events in Downtown too expensive. • Bobi Keenan, commented on Agenda Item 25C, suggested that Memorandum of Understanding between the City and neighborhood be approved; does not support Chivas relocation to proposed site — disrupt wildlife, quality of life, and open land. • Lilia Ramos, commented on Agenda Item 25C, concerned with potential relocation site, increased traffic to neighborhood, and distance to freeway access. • Rick Niedermeyer, noted success of Fiestas Patrias parade, thanked the City for efforts; opined that having a major league soccer team in the City would benefit the children and accessibility to major league team. • Tom Lutz, (spoke on Agenda Item 25C) thanked Mayor Pulido and Councilmember Bustamante for attending neighborhood meeting to discuss Chivas relocation plan; happy they are not considering the Santa Ana Stadium as relocation site; opined that Willowick not appropriate; support AYSO and other soccer teams, relocation site should consider accessibility to freeways; suggested that a citizen advisory committee be established. • Charles Hart, opined that any potential sites should have CEQA certification prior to negotiations to make sure they are viable locations (commented on Agenda Item 25C). • Lisann Martinez, (spoke on Agenda Item 25C) representative of Santa Anita Neighborhood Association, opposed to relocation of Chivas to Willowick site; urged City Council to continue consideration of matter for 30 days and to hold a public hearing on the matter. • Rob Cook, commented on Agenda Item 25C, suggested relocation site be Santa Ana Blvd. and Grand Ave. due to freeway accessibility. • Mary Guzman, commented on Agenda Item 25C, concerned with potential site because of noise, traffic, quality of life; support citizen advisory committee, ideal site would be in the industrial area. • Tim Rush, Chair of Santa Ana SOS committee, does not support relocation of Chivas to Willowick; community under - parked; City should purchase Willowick and leave as open area (spoke on Agenda Item 25C). *Mayor Pulido mentioned that Santa Ana Stadium not being considered by Chivas USA as potential relocation site. • Tim Flammang, (spoke on Agenda Item 25C), opposed to Willowick location for stadium, neighborhood not geared to deal with traffic. • Jessica Cha, concerned with Downtown Inc. lack of transparency, financial documents inadequate to meet accounting standards; urged City Council to disestablish PBID. CITY COUNCIL MINUTES 5 SEPTEMBER 19, 2011 1 0A -5 • Claudia Arellanes, noted that 61 property owners had signed petition to disestablish PBID, opined that assessment illegally approved; property taxes in default; does not support re- boundary only disestablishment. • Robert Escalante, opined that Downtown merchants support restaurants and commerce in area, but not assessment fee; thanked Mayor Pro Tern Alvarez for support; urged City Council to disestablish PBID. • Jose Ceballos, urged City Council to dissolve PBID. • Adolfo Lopez, opined that PBID assessment not fair; opposed to assessment. • Fina Chaves, support disestablishment of PBID; opined that Downtown Inc. not transparent in spending; not able to pay for increased taxes. • Shawn Makani, asked that the City Council dissolve PBID and that membership be voluntary; thanked Mayor Pro Tern Alvarez for support of Agenda Item 85A. • Dave Hoen, urged City Council to give Downtown Inc. a fair chance; opposed to Agenda Item 85A; opined that Downtown now a destination because of improvements. • Won Cha, property and business owner in Downtown; urged City Council to disestablish PBID. • Barbara DeRochers, opposed to PBID and urged disestablishment. • Nina Jun, urged the City Council to disestablish PBID; Downtown Inc. bylaws flawed, need transparency, City position vacant (since departure of Cindy Nelson), did not receive election ballot when assessment voted on, business and property owners need to vote on such matters. • Archer Altstaetter, business owner of Outrageous Costumes and Couture, invited all to grand opening on October 1St; noted that he had voluntarily become a member of Downtown Inc. because of support and benefit received. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25D with the following modifications: • Mayor Pro Tern Alvarez pulled item 11A for separate action; • Councilmember Sarmiento pulled item 20A for separate action; and • Mayor Pulido pulled item 25C for separate action. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 6 SEPTEMBER 19, 2011 1 0A -6 ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 6, 2011 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. Placed on first reading at the September 6, 2011 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on September 9, 2011. *Mayor Pro Tern Alvarez noted concerns with the handling of some of the City's redevelopment programs, the Redevelopment Agency's participation in PBID and the Fagade Rebate Program, but supports the retention of Redevelopment Agency; has requested information from staff on various programs; waiting for Supreme Court ruling on State's ability to take away funds from cities. MOTION: Place ordinance on second reading and adopt.* ORDINANCE NO. NS -2823 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH MOTION: Alvarez* SECOND: Martinez CITY COUNCIL MINUTES 1 0A -7 SEPTEMBER 19, 2011 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 11B ORDINANCE TO ADJUST AND EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) ORDINANCE - Planning and Building Agency Placed on first reading at the September 6, 2011 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on September 9, 201',. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2824 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 21- 120r.l(a) OF THE SANTA ANA MUNICIPAL CODE TO ADJUST AND EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT YOUTH COMMISSION - NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE (ALTERNATE) FOR A FULL TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council MOTION: Appoint. Residing Name Board /Commission Ward Caleb Torres Youth Commission 5 (Replace Palos, S. ) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — Nothing to report. CITY COUNCIL MINUTES 8 SEPTEMBER 19, 2011 1 0A -8 im 19C EXCUSED ABSENCES — None CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT - Community Development Agency MOTION: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Councilmember Sarmiento noted that project is golden loop and will connect to the City of Costa Mesa. Executive Director of Parks and Recreation Mouet commented on grant to build Class 1 bike trail with dedicated land for pedestrians and bike riders. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011 -215 - With the Orange County Transportation Authority in an amount of $500,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -059 - Accepting funds in the amount of $500,000 into the Select Street Construction Revenue Fund for Federal Grants and appropriating $500,000 to the Select Street Construction Expense Fund for Improvements Other Than Buildings. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 9 SEPTEMBER 19, 2011 1 0A -9 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A, 25B, and 25D) 25A AGMT NO. 2011 -216 — MEMORANDUM OF UNDERSTANDING (MOU) — With the Service Employees International Union Local 721 (SEIU) representing Part-Time, Civil Service employees for a three -year period covering July 1, 2010 through June 30, 2013 regarding wages and other terms and conditions of employment - Personnel Services Agency 25B AGMT NO. 2011 -217 - COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO ABX1 27 - Community Development Agency 260 NA, F� HIUS� EN.TERI?f�SES Rltl PfiTil'1 '"� {IN =+r'A'C ASIA Mayor Pulido recommended amendment to contract to remove paragraph regarding negotiation exclusivity with the City of Santa Ana. Mayor Pro Tern Alvarez thanked all speakers who addressed the City Council on the matter; City to review all revenue enhancements; and City of Garden Grove willing to negotiate on proposed site. Councilmember Sarmiento noted that CEQA requirements are facilitated with recommended action; invited soccer leagues to be engaged. Councilmember Bustamante would not support building new stadium with taxpayer money; invited neighborhood leaders to be involved. Councilmember Tinajero noted that item first step in transparency; community input needed. Councilmember Benavides would like to continue dialogue with community and provide status of negotiations in 2 -3 months. Councilmember Martinez healthy community requires EIR and CEQA compliance; project would lead to job creations. CITY COUNCIL MINUTES 10 SEPTEMBER 19, 2011 iiWASK MOTION: Amend the agreement and authorize the City Manager and Clerk of the Council to execute the following agreement, ;subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011 -218 - With Chivas USA Enterprises for a term of six months - City Manager's Office MOTION: Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) 25D AMENDMENTS TO HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM AGREEMENTS — Community Development Agency Continued from the August 24, City Council meeting by a vote of 7 -0. • AGMT NO. 2011 -219 - With Interval House increasing the (Rapid Re- Housing) grant in the amount of $53,750 • AGMT NO. 2011 -220 - With WISE Place increasing the (Rapid Re- Housing and Homelessness Prevention) grant in the amount of $53,750 • AGMT NO. 2011 -221 - With Olive Crest decreasing the (Homelessness Prevention) grant in the amount of $15,000 • AGMT NO. 2011 -222 - With Olive Crest decreasing the (Rapid Re- Housing) grant in the amount of $55,000 • AGMT NO. 2011 -223 - With Public Law Center decreasing the (Homelessness Prevention) grant in the amount of $17,500 • AGMT NO. 2011 -224 - With Illumination Foundation decreasing the (Homelessness Prevention) grant in the amount of $20,000 * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 11 SEPTEMBER 19, 2011 1 0A -11 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A FY2011 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011 -061 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FOR THE FY2011 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training. AGMT NO. 2011 -225 - With the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -055 - Recognizing the FY 2011 Urban Areas Security Initiative in the amount of $7,421,142 in revenue account and appropriate same in the FY 2011 Urban Areas Security Initiative Program Grant expenditure accounts. MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 12 SEPTEMBER 19, 2011 1 0A -12 55B CALIFORNIA 9 -1 -1 EMERGENCY COMMUNICATIONS OFFICE FUNDING - Fire Department and Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011 -062 - A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA AUTHORIZING THE CITY MANAGER, CHIEF OF POLICE AND THE FIRE CHIEF TO EXECUTE A GRANT AWARD AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, 9 -1 -1 EMERGENCY COMMUNICATIONS OFFICE 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -058 — Accepting and appropriating the California 9 -1 -1 Emergerncy Communications Office reimbursement program in an amount of $532,478. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C AMENDING THE RULES AND PROCEDURES FOR MEETINGS OF THE CITY COUNCIL AND REPEALING RESOLUTION NO. 2009 -043 - Clerk of the Council Office MOTION: Adopt resolution with modification in section 2(b) to include Council Chamber as meeting location or as noted on the Agenda. RESOLUTION NO. 2011 -063 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING RULES AND PROCEDURES FOR MEETINGS OF THE CITY COUNCIL AND REPEALING RESOLUTION NO. 2009 -043 MOTION: Benavides SECOND: Martinez CITY COUNCIL MINUTES 13 SEPTEMBER 19, 2011 1 0A -13 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 8:14 P.M. AND CONVENED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING; THE CITY COUNCIL RECONVENED AT 8:15 P.M. WITH SAME MEMBERS PRESENT. ADMINISTRATIVE MATTERS - BUSINESS 60A BUDGET STABILIZATION- City Manager's Office Interim City Manager Paul M. Walters introduced Andy Belknap, Vice Preside of Management Partners who then presented Budget Study. About Management Partners • Founded in 1994; offices in Irvine and San Jose, Cincinnati, Ohio • Experienced staff with organizational, operational and expertise • Serves local governments exclusively • Recent experience helping large cities like Santa Ana ■ San Jose, Sacramento, Fremont, Tracy, Anaheim Presentation Outline • Project purpose • Methodology • 10 -year financial perspective • Options for balancing the budget Cali-`ornia and public finance Vallejo Project Purpose • Identify ways to reduce costs and increase revenue so the City can align expenditures with annual revenues Project Methodology • Analyzed documents (CAFRs, budgets, MOUs, program cost data, compensation data, PERS costs, workers' compensation costs, police and fire statistics, other departmental cost data) • Interviewed Council, EMT, union representatives CITY COUNCIL MINUTES 14 SEPTEMBER 19, 2011 1 0A -14 • Conducted benchmarking to compare Santa Ana to other cities (Anaheim, Chula Vista, Fremont, Long Beach, Riverside, Sacramento ) • Created forecasting model and used financial data to develop projections • Worked collaboratively with Finance staff and the EMT Financial Environment • Recession hit Santa Ana hard • Home prices decreased • Unemployment went up, remains above 14% • Personal income has dropped • National economy is weak • State continues to take funding away • Santa Ana's revenues are below the median Impact of Great Recession trine Recessions and Recoveries: Job investment Revenuesf 5900 SHOO $700 $600 $510 $500 AW NE x Asa gg 5400 G Y$ 5300 ? � Q Y 5200 { 5100 �, �`• N wax $o : r... Riverside 'er Capita $546 $563 s y Chula Vista Fremon Ten -Year Financial Perspective CITY COUNCIL MINUTES • 2007 -09 Recession impact is still being felt • The "Great Recession" was worst economic contraction since 1930's • Local government disproportionately impacted by decline in retail sales, real estate and CaIPERS return on 5695 e � � F �F R t� M..,y9�' Sacramento San la Ana Anaheim 15 1 0A -15 $82:t I. $637 g s'. N � a• IMMs Long Beach Average SEPTEMBER 19, 2011 Million 45 $42.9M $315.41M 35 $32.2M 30 0 $240.0.., 25 City spent 20 $40M over a 4 -year period 15 $11.1M 10 $232.0 5 $3.OM _ O . FY 05 -06 FY 06 -07 FY 07 -08 FY 08 -09 FY 09 -10 $230.0 $225.9 $223,0 $223.0 $223.0 $ 2 2 0 .O �,,.. $ 2 1 3. 7 $213.5 $218 . $220.1 $210.0 $210.0 $218.2 $212.8 $209.0 $201.2 $210.8 $200.0 '.. $203.5 $205.2 $199.2 $ 1 9 9 .8 $190.0 $196.4 $ 180.0 $ 170.0 Actual Actual Actual Actual Estimated Adopted FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 06/07 FY 07/08 FY 08/09 FY 09/30 FY 10 /I1 FY 11/12 --rr'TotalGeneral Fund Revenues &Transfers - In —'*W— To tal General F —d Expenditu r e s and Transfers - Out Past Budget Balancing Techniques • Layoffs and elimination of vacancies • Compensation deferrals, some elimination of wage increases, some furloughs • Cuts in departmental budgets • Use of unrestricted fund balance to make up the large gap each year — actual cost reductions were not deep enough to match spending to revenues Fund Balance Used To Maintain Services so 45 $42.9M $315.41M 35 $32.2M 30 0 25 City spent 20 $40M over a 4 -year period 15 $11.1M 10 5 $3.OM _ O . FY 05 -06 FY 06 -07 FY 07 -08 FY 08 -09 FY 09 -10 Revenues Are Going Down • Sales, property and utility users tax are much lower than in FY 07/08, with 14% decline • State took $1.2M in vehicle license fees • Redevelopment loss will cost the General Fund between $1 to $6M /year • Recession and high unemployment in Santa Ana remain big problems — and could reduce fundamental tax revenues even more Difficulty in Reducing Costs • Contracts in place for most personnel costs • Cost per employee has increased, even with fewer employees, mainly due to PIERS CITY COUNCIL MINUTES 16 SEPTEMBER 19, 2011 1 0A -16 • PERS rates significantly increasing • City has cut maintenance and other costs that cannot be permanently eliminated, just deferred PIERS Cost Increases 60.000% 50.000% 48.600'9 42,600% " 40.000`3 36.600,4 36.600".6 36.60036 28.848% 30.800 -'/ 30.00036 30.000% 26.000% 26.40034 —Safety 24.499`9 23.90644 22.32336 22.567% .- 22.900 — " - -Miscellaneous 20.000% _- ....e..._r -"" 22.900% 2290096 22900% 188 .3739f, 19 300'9 %y 1S.000% 10.0001/1: r 13.312% 8.214% 7 073`9 6.816% 0.000% f Y 12/13 Projected Projected Projected FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11112 FY 13/14 FY 14/15 FY 15/16 What Does This Mean? • Significant structural deficit — costs exceed revenues • In spite of the significant cuts made in the last few years, economy has not improved and reductions have not been enough • Costs will now need to be reduced in major ways, absent major new revenues The Deficit • Management Partners' forecast was completed in May — with a deficit of $13.6M this year and over $18M in FY 12/13 • The gap is now identified by City staff to be $30M for FY 12/13 due to new revenue problems ■ State takeaways and declining utility users tax Stabilization Study Report • Provides a menu of solutions and strategies • Strategies could generate $26M to $27M in annual savings and new revenue • None of the solutions are easy • They do represent ideas that are being executed around the State Ultimate Goal Is to Preserve Services • Services are vitally important to the people of Santa Ana • Making existing services more efficient should be the first priority • Reducing or eliminating services should be a last resort, only if maximizing efficiency is not enough CITY COUNCIL MINUTES 17 SEPTEMBER 19, 2011 1 0A -17 Multi- Pronged Approach Service Delivery Model Changes City's Next Steps • City Manager recommending a budget stabilization plan • Four - pronged approach: • Negotiated compensation reductions • Outsourcing • Restructuring and service reductions • Revenue increases Budget Stabilization Plan presented by Interim City Manager, Paul M. Walters O Four -Prong Approach 1. Negotiated Compensation Reductions 2. Outsourcing 3. Restructuring and Service Reductions 4. Revenue Increases In addition to these four areas, the City will be implementing a variety of expenditure control measures. O Negotiated Compensation Reductions • Hired an outside labor negotiator to assist in securing union concessions. City is in CLOSED contracts with limited re- opener language with all of its unions. • Meetings with union leadership currently in progress. • All union leaders were given a presentation of the Management Partners Report and the City's Budget Stabilization Plan. • Goal is to have clarity on possible compensation reductions by October 30, 2011. O Outsourcing • City has developed Request for Proposals to gather cost estimates for 16 different outsourcing projects. • Beginning in January 2012 outsourcing recommendations will begin to be presented to the City Council. • The currently- identified outsource projects are: 1. Animal Control Services 2. City Jail 3. Santa Ana Zoo CITY COUNCIL MINUTES 18 SEPTEMBER 19, 2011 ii[ll_d_E:� 4. Fleet Services and Central Stores 5. Fire Dept. Dispatch 6. Background Police Investigations 7. Parking Meter Services 8. Residential and Commercial Street Sweeping 9. Fire Dept. IT Services 10. Police Training Services (Civilianize) 11. Renegotiate Bowers Museum Agreement 12. EMT /Ambulance Services 13. Library Services 14. Workers' Compensation Services 15. Fire Services to OCFA 16. Parking Control Services O Restructuring and Service Reductions • Every City department will be asked to cut their budgets and present different service delivery options. • A list of recommended departmental reductions will be presented to City Council. • Priority has been placed on maintaining mission critical City services and infrastructure. O Revenue Increases • City is gathering information for a possible voter - approved revenue enhancement. • City proactively trying to recover funds from programs such as paramedic subscriptions and false alarm, and from our utility franchise agreement. • City investigating revenue from the marketing of City assets and from potential sponsorships. • City focusing on any and all economic development projects that could generate revenue to the City. • Initiated a review of all City -owned properties and remnant parcels for possible sale or lease. O Expenditure Controls • Restricted or deferred all General Fund non - mission critical capital purchases such as vehicles, computers and equipment. • Maintained almost all vacancies and initiated a soft hiring freeze. • Eliminated overtime unless pre- approved or mandated by contract. • Will initiate internal policies regarding paper printing, water savings and utility cost controls. • Initiated a review of all additive pay such as bilingual and career development pay. • Requested reductions in use of City vehicles. O Additional Actions Taken to Implement Plan CITY COUNCIL MINUTES 19 SEPTEMBER 19, 2011 Brought in a financial consultant to advise the City on revenue and expenditure strategies. Consulting with similar -sized cities regarding their deficits and creative budget balancing strategies. Initiated increased external and internal communications to improve transparency and to promote dialogue. An employee portal to solicit budget suggestions has been implemented as well as an email blast communication system for City residents. O Fiscal Principles • Fund ongoing expenditures with recurring revenues • Preserve remaining unrestricted fund balance and build a General Fund reserve. • Utilize internal service funds for intended uses, emergencies, contingencies, cash flow, and transition costs in service delivery. • Negotiate future compensation agreements that can be sustainable and affordable based on City's financial capacity. Councilmember Sarmiento thanked Interim City Manager Walters on transparent discussion of budget situation; many factors contribute to situation; 400 positions already eliminated throughout the City; asked Interim City Manager to make key changes, as needed, to administration that will help navigate and analyze situation - suggested appointment of Assistant City Manager position; City Council to meet on a weekly basis to discuss labor negotiations, and also re- establish Finance Ad Hoc committee. Councilmember Bustamante thanked staff for efforts to bridge gap. *Mayor Pulido left the meeting at 8:39 p.m. and did not return. Mayor Pro TE�m Alvarez assumed the Chair. Councilmember Tinajero commented on City's high unemployment rate in comparison to State and National levels; unions are willing to negotiate; prepare to make tough decisions. Councilmember Benavides noted seriousness of situation; need analysis of all options including labor concessions; re- active Finance Ad Hoc Committee; and thanked unions for willingness to negotiate. Councilmember Martinez thanked Interim City Manager Walters for efforts on matter; thanked unions; need to make structural changes to alleviate cash flow problem; support Finance Ad Hoc Committee; suggested City have independent Controller /Auditor position and Assistant City Manager position. CITY COUNCIL MINUTES 20 SEPTEMBER 19, 2011 Mayor Pro Tern Alvarez thanked bargaining unions for good faith efforts made in the past and encouraged business owners, neighborhood associations and all to continue to work together. MOTION: 1. Direct the City Manager to implement a budget stabilization plan based on the framework of a four - pronged approach that includes: 1. Negotiated compensation reductions 2. Outsourcing services 3. Restructuring and service reductions 4. Revenue increases 2. Re- establish the City Council Finance Ad Hoc Committee.* MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) *Caveat to motion made by Mayor Pro Tern Alvarez that all of the City Council members responsible to be informed, provide input, and take message forward, as it related to the budget. Councilmember Sarmiento declared a conflict of interest on Item 85A; has clients that reside in the area; left the meeting at 9:12 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A RESOLUTION OF INTENT TO SET PUBLIC HEARING DATE — DISESTABLISH THE COMMUNITY MANAGEMENT DISTRICT (CMD) - Mayor Pro Tern Alvarez Continued from the August 24, 2011 City Council Meeting. CITY COUNCIL MINUTES 21 SEPTEMBER 19, 2011 1 OA -21 Comments by Mayor Pro Tern Alvarez, thanked all for attending meetings on issue, thanked for support, gifts and baskets of fruit - given to local non - profits and homeless; asked colleagues to support item in light of economic situation and transparency issues; used example of furniture store of businesses significantly impacted - want them all to succeed and not hinder with imposition of an additional tax; some businesses have doubled their property tax amount; also concerned with the collection method for assessment fee; suspicious of average assessment in the amount of $1500, which believe is higher; threat of lawsuit; asked City Attorney to review documents and provide potential liability amount if sued by Downtown, Inc., also want to know the timeline to provide the assessment fee to Downtown, Inc.; Downtown Inc. has not submitted annual budget; continue to have transparency issues; questioned board election process and selection of officers; questioned process used to establish PBID; Councilmember Martinez and Mayor Pro Tern Alvarez had requested Board to diversify; requested timeline from Downtown Inc. to implement corrective actions; asked the City Council to start addressing problem and hold Downtown, Inc. accountable; noted that if City had not voted, PBID would not have passed; believe if revote taken today would not pass as some who had supported have changed mind; is supportive of the new businesses; Artist Village success started many years; Item 85A only sets public hearing and provides legal notice to all property owners; opined that the City Council are on notice of process, transparency, and mismanagement issues with Downtown, Inc. and requested that said comments be made part of the record. Councilmember Martinez represents area; issue brewing for past 18- months; had met with some business owners, council had not addressed the issues when first advised; has been in communication with Downtown, Inc. representatives; need all facts before decision can be made; asked Mayor Pro Tern to continue matter for 60 -days to address method of collection issue; if can't resolve will then reconsider item; City to focus on budget situation. Councilmember Tinajero has met with representatives on the subject; support re- boundary; asked for more representation on Board and for all businesses to receive benefit; can still dissolve in a year if things haven't changed. Councilmember Benavides have heard concerns from both sides; has worked on trying to bring the two entities together, have made concessions; voted unanimously to extend the PBID for a year; disingenuous to continue said agenda item; City voted unanimously to establish PBID and allow City to participate in voting; requested Downtown, Inc. to diversify board and marketing efforts to assist all; would like to give opportunity to demonstrate responsiveness; will consider matter in a year if problems persist. CITY COUNCIL MINUTES 22 SEPTEMBER 19, 2011 1 OA -22 Mayor Pro Tern Alvarez clarified that City Council did not vote to extend the PBID for a year, only downsize district, have not approved Downtown Inc. annual budget. Requested that item be continued to the next meeting and give Downtown, Inc. an opportunity to address concerns. Mayor Pro Tern Alvarez continued item to the October 3, 2011 City Council Meeting. COMMENTS 90A CITY MANAGER'S COMMENTS • Interim City Manager Walters noted that he has met with all City departments to discuss status of City finances; has received positive feedback. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tijanero: • Commented on budget and need to continue dialogue with labor groups, decisions within 30 -60 days. Councilmember Benavides: • Tough budget decisions to be made; • Annual Fiestas Patrias event and parade was great success; thanked all for efforts; • Encouraged all to attend a Walk- A -Thon and Resource Fair at Madison Park on Saturday, September 24th; • Planning and Building Executive Director, Jay Trevino announced event at Centennial Park to hold community workshops on the Harbor Boulevard Plan on Saturday, September 24 "; and • Encouraged residents to engage in civic activity throughout the City. Councilmember Martinez: • Represented the Mayor and City Council in the welcoming ceremony for HUD Assistant Secretary, Mercedes Marquez held at Willard neighborhood; • City held Fiestas Patrias over the weekend in celebration of Hispanic Heritage Month; thanked Parks and Recreation, promoters, and all for success; • Thanked Planning and Building Agency for Harbor Blvd. Corridor area project and efforts to have project transparent; • Senator Correa hosting a Health and Fitness event at Valley High School on Saturday, September 24th; and • Congratulated Walker Elementary for winning Governor's Fitness Challenge competition. CITY COUNCIL MINUTES 23 SEPTEMBER 19, 2011 1 OA -23 Mayor Pro Tern Alvarez: • Fiestas Patrias had high attendance; thanked all who participated in success and to Police Chief Walters for leading parade on horse; and • Thanked Interim City Manager and executive management team for tough budget decisions. ADJOURNED- 9:54 P.M. - The next meeting of the City Council is scheduled for Monday, October 3, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 24 SEPTEMBER 19, 2011 1 OA -24 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER SEPTEMBER 26, 2011 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tem (5:31 P.M.) P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:15 p.m.) COUNCILMEMBERS Absent: CARLOS BUSTAMANTE STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 831 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations Santa Ana Police Officers Association (POA) CITY COUNCIL MINUTES 1 SEPTEMBER 26, 2011 1 0B -1 Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management ,association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT — Nothing to report. ADJOURNED — 6:35 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 SEPTEMBER 26, 2011 1 0B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: ABANDONMENT NO. 10 -02: INTENT TO VACATE A PORTION OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE 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 Adopt a resolution declaring the City's intent to vacate a portion of Cypress Avenue south of McFadden Avenue. 2. Set a public hearing for November 7, 2011. PLANNING COMMISSION RECOMMENDATION On September 12, 2011, the Planning Commission recommended that City Council adopt a resolution approving Abandonment No. 2010 -02 by a vote of 7:0. DISCUSSION In 2001, the City completed the McFadden Avenue Realignment Project between Main Street and Maple Street. Prior to the project, McFadden Avenue was offset by about 400 feet east and west of Main Street. The project involved the realignment of McFadden Avenue to connect the offset segments and the creation of new cul -de -sacs at Cypress Avenue. The right -of -way limits of Cypress Avenue were modified with the construction of a cul -de -sac, which resulted in excess public right -of -way. Prior to the realignment project, the right -of -way proposed to be vacated was improved with asphalt pavement, curbs and sidewalk, but is now unimproved (Exhibit 1). The City's Community Redevelopment Agency, in partnership with Habitat for Humanity, is proposing the development of two single - family residences on remnants of four lots acquired for the realignment project. The lots are vacant and, once combined with the area being abandoned, will be reconfigured to create two parcels (Exhibit 2). 12A -1 Abandonment No. 10 -02: Intent to Vacate a Portion of Cypress Avenue October 3, 2011 Page 2 The proposed street abandonment, once merged with the adjacent lots, will benefit the City by reducing the adjacent site constraints, such as no direct street frontage on the current Cypress Avenue alignment. Further, the proposed abandonment and subsequent merger will increase the area of the developable land, thus creating feasibility for residential development on excess remnant parcels. Finally, the City's liability over unimproved property will be eliminated. The proposed resolution will abandon the City's street easement at this location. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and city sewer and irrigation facilities will be reserved in the resolution of vacation. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2011 -16 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. 4 A?h Raul Godinez II Executive Director Public Works Agency RG:TH Exhibits: 1. Location Map 2. Location Map 3. Resolution 12A -2 12A -4 12A -6 Lss9/14/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010 -02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its intention to vacate a portion of South Cypress Avenue, at its intersection with McFadden Avenue. The area proposed for vacation is a triangular shaped unimproved portion of land, consisting of approximately 1809 square feet at the southeast corner of South Cypress Avenue and McFadden Avenue, identified as Vacation Area on the map labeled Exhibit 1, attached hereto and made a part hereof by this reference. B. Notice is hereby given that at 6:00 P.M., or as soon thereafter as the matter can be heard on November 7, 2011, in the Santa Ana City Council Chambers at 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. C. The Clerk of the Council is hereby directed to cause this Resolution to be published twice, once in each of the two successive weeks prior to the above said hearing, in a newspaper of general circulation in the City. D. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the day, hour and place of Resolution No. 2011 - Page 1 of 2 12A -7 hearing hereinabove set forth, and describing the portion of the right -of -way to be vacated at least two weeks before the date set for said hearing. ADOPTED this day of October, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney is Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- 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 i �� Resolution No. 2011 - Page 2 of 2 OVY ems: =..� �!ln'Y i..a i i ;Ye�.a �y- L.� ;t• Tr-Y c'1' LINE BEARING MORU DIST Lt S68'42'34'E 13.23• L2 N1'1726 'E 25.94' L3 N1 '1726'E 17.21' L4 N1.1T26 -E 10.35 LS N1 '1726'E 6.54' CURVE RADIUS ARC DELTA C1 54.00' 38.6T 40'58.20" C2 54.00' 87.82' 93'11105" C3 54.00' 70.66• 74.58'27' :" C4 660.00' 63.30' 5 °2744' C5 660 -00' 28.54' 2.28'40' C6 54.00' 26.18 27 °46'53' C7 54.00' 21.34' 22'38'25' Z C8 54.00 1 0.71' 11'21'42• C9 54.00' 7.00' 7.25'57' C10 54.00' 10.16' 10 °46'41' 1 C11 660.00' 32.95' 2.51'38' C12 660.00• 11.16' 0'58.07- C13 660.00' 1125' 0.58'37' " C14 660.001 7.94' 0 °41'21" 0 Q2 3 EXHIBIT B EXHIBIT 20' OFN SCALE 1=40' Denotes boundary of vacation �kv ` C4 C11 2ry;'� �i VACATION c,2 p� DDa 1809 S.F. ! e ?''C^�2!:p Easement reserved for Gas Co. facilities J N ; LL .~- 2 LU O Easement reserved for City public sewer facilities Q W i e+ O 00 Easement reserved for City Jrngation facilities CO N CS N GO mot; O LU cc z � Lu U � i 11 - -- �_ -- -�L----- - - - - -- G2 OLD MCFADDEN AVENUE SHEET 1 OF 1 EXHIBIT I 12A -9 Resolution No. 2011 - Page 3 of 2 og '• `� i "' a L5", •�S ce C3--Iil C7 T.P.O ' ` ^ total !N?- �• % L1 -B' i ego'tiY a C1f` t / © '6� ��� w yn.. POINT A j I t ' / 40.00' _ _ 14.00' N88142 34-W rad. •' 54.00' w r � � ►n Easement reserved for Gas Co. facilities J N ; LL .~- 2 LU O Easement reserved for City public sewer facilities Q W i e+ O 00 Easement reserved for City Jrngation facilities CO N CS N GO mot; O LU cc z � Lu U � i 11 - -- �_ -- -�L----- - - - - -- G2 OLD MCFADDEN AVENUE SHEET 1 OF 1 EXHIBIT I 12A -9 Resolution No. 2011 - Page 3 of 2 og '• `� i "' a 12A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS / / 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 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 513 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 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office Fr! a1 From: Mark Lawrence, Executive Assistant to the City Manager Date: October 1, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2011 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence October 1, 2009 and prior Correspondence/ October 1, Chronological Files Councilmember Self- explanatory 2009 and prior Council Requests Mayor Inquiries processed for Mayor October 1. 2009 and prior Wards 1 through 6 Inquiries processed for Councilmembers October 1. 2009 and prior Correspondence General Correspondence Self- explanatory October 1, 2009 and prior Staff Inquiries processed for Staff October 1. 2009 and prior Monthly Status City Manager Self- explanatory October 1. Reports 2009 and prior Payroll Records Council /Staff Self- explanatory October 1. 2009 and prior October 1, Travel Folders Council /Staff Self- explanatory 2009 and prior APPROVE: Paul M. Walters City Manager RECORDS DESTROYED: Volume in Cubic Feet Date Weight in Pounds 19C -4 CONSENT: 4aC,Ael;�:- AVJOO Joseph Straka ate Interim City Attor AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Joseph Straka, Interim City Attorney City Attorney's Office From: Kathie S. Gonzalez, Executive Director Personnel Services Agency Date: August 30, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. of r_1 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 9nna PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT FORMS (OFFICIAL) Dental Insurance Employee dental insurance enrollment forms ** EE Separated August 2006 and prior Flexible Spending, Enrollment forms for flexible spending program ** EE Separated August 2006 and prior Section 125 Life Insurance Employee life insurance enrollment forms ** EE Separated August 2006 and prior Long -Term Disability Insurance Employee Long -Term Disability Insurance enrollment forms ** EE Separated August 2006 and prior Medical Insurance Employee medical insurance enrollment forms ** EE Separated August 2006 and prior EQUAL EMPLOYMENT OPPORTUNITY Employment and personnel records Personnel and employment records, including application forms *, records pertaining to promotions * *, layoffs * *, EE Separated August 2006 and prior COMMISSION terminations * *, salaries ** and training* (EEOC) Involuntary termination Personnel records of terminated employee ** EE Separated August 2006 and prior OFFICIAL PERSONNEL FILES Certification/ Reassignment Forms Request for Certification and /or reassignment forms which document and authorize hiring, reassignment, or other EE Separated August 2006 and prior employee actions. ** Certificates of Training Certificates issued to EE which show completion date of training class(es).* EE Separated August 2006 and prior Commendation Letters Letters of commendation and /or other congratulatory documents received by and /or EE Separated August 2006 and prior issued to EE.* Disciplinary Actions Memorandums, letters, or other records of proposed and /or implemented disciplinary EE Separated August 2006 and prior action(s). ** Doctor's Notes/ Medical Releases Notes /medical release forms, etc., submitted regarding employee's medical condition. ** EE Separated August 2006 and prior Drug Screen Test Pre - placement and drug screening authorization and acknowledgement form(s) EE Separated August 2006 and prior and results of drug screening. ** 19C -6 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated August PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2006 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 August any) for hired employees.* 2006 and prior Medical Leave of Leave of Absence forms used in the EE Separated August Absences ** documentation of medical leave (including 2006 and prior pregnancy leave and Family and Medical Leave). ** Miscellaneous Documents not specifically mentioned but EE Separated August Documents kept in official personnel file. * ** 2006 and prior Notice of Form completed by employee and /or EE Separated August Separation department indicating effective date of 2006 and prior separation, last day on the job, reason for separation, etc. ** Oath of Office Form completed and signed by employee EE Separated August affirming allegiance to the Constitution of the 2006 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated August Employment employee to be engaged in outside 2006 and prior employment.* Performance Employee performance evaluation forms EE Separated August Evaluations completed by supervisory personnel re 2006 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated August Enrollment Employees' Retirement System (PERS) ** 2006 and prior Pre - Employment Forms completed by employee and medical EE Separated August Medical clinic to assess physical capability of 2006 and prior employee prior to hiring. ** Security Check Form completed by Personnel Svcs to EE Separated August Form request Police Dept to conduct security 2006 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated August DMV, accredited schools, etc., verifying 2006 and prior employee meets certain job - related requirements.* Tuition Copies of applications for training and EE Separated August Reimbursement educational assistance which show EE 2006 and prior Request request, department head approval, and final disposition of request.* 19C -7 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD I RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated August PERSONNEL Donation Form hours be donated to the Union Business 2006 and prior FILES Leave Bank to be used by union leaders for Union Business.* W -4 form Employee's Withholding Allowance EE Separated August Certificate completed by EE authorizing 2006 and prior employer to withhold Federal income tax from employee's pay and /or for indicating exemption. ** Please see attached spreadsheet, dated August 30, 2011, 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. 7 Rosa1 Flores for Date Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes 19C -8 CONSENT BY: Kathie S. Gonzalez Date Executive Director of Personnel Services D BY: Josgoh Straka Interim City Attorney C� �z //,/z0 l Date 19� -V Attachment to August 30, 2011 Obsolete Records Destruction Schedule Listing To be purged after September 30, 2011 Employee FT PT Separation Name Number Classification PTCS Date Aguirre, Eliana 104618 Program Leader II PT 08/25/06 Iva, Melissa S. 09829 Economic Development Specialist I FT 06/23/06 duri, Megan E. 104413 Program Coordinator PT 07/10/06 ciniega, Cynthia V. 102952 Tutor PT 08/14/06 Avila, Bonier 104561 Program Leader I PT 08/10/06 you, Scott A. 00087 General Maintenance Worker FT 06/15/0 Baker, Estella M. 06223 Detention Officer FT 06/30/06 arajas, Marco A. 104630 ]Program Maintenance Aide II PT 08/07/06 arcientos, David J. 09216 Program Leader II PT 06/29/06 etancourt, Emiliano 104690 Leader II PT 08/21/0 Cardona, Ruby 10925 Program Leader II PT 06/30/06 eniceros, Juddy 104495 Senior Administrative Intern PT 06/22/06 Blaney, Robert W. 17986 Forensic Ballistics Technician PT 06/28/06 Dodge, Robyn L. 100102 Administrative Intern PT 07/17/06 Dolan, Daniel 102615 Rangemaster FT 08/17/06 Eldridge, Mark T. 104433 Maintenance Aide II PT 06/25/06 Eldridge, Thomas W. 103323 Administrative Aide PT 08/17/0 rcoa, Omar A. 104157 Engineering Intern PT 06/09/06 Ferguson, Jonathan H. 104643 Program Coordinator PT 08/25/06 Fletcher, Daniel V. 104524 Senior Clerical Aide PT 08/16/0 ranssen, Todd 104292 Detention Officer FT 08/11/0 Frazee, Jacqueline P. 08217 Detention Officer FT 06/23/06 Fuentes, Richard 104327 Senior Administrative Intern PT 07/07/06 alvez, Aura E. 06318 Mobile Library Clerk PT 06/14/06 Grant, Connie 101299 Detention Officer FT 06/26/0 Harding, Sarah 104411 Administrative Intern PT 08/15/06 ibbison, Haydee 06165 Fire Communications Operator PT 08/31/06 1 Ibarra, Elizabeth 102772 Personnel Secretary (UC) FT 07/21/06 nighten, Nicole N. 104418 Management Intern- Budget PT 07/18/06 Labadie, Brian 104484 Administrative Intem PT 06/06/06 Le, Viet Quoc 104685 Senior Administrative Intern PT 08/29/06 Leon Jr., Roberto 07695 Community Center Aide PT 06/30/06 Lomeli, Mario 104606 Assistant Engineer I FT 07/14/06 Lopez, Christina 09883 Program Leader II PT 08/25/06 Lopez, Noemi M. 101688 Senior Program Leader PT 06/23/0 Lovato, Christopher A. 104562 Maintenance Aide 1I PT 08/10/06 Madrid, James G. 04547 lCustodian FT 07/17/06 Mai, Thach A. 10301 1 Page PT 08/05/06 Manis, William R. 102625 lEconomic Development Specialist III FT 08/31/06 ata, Gerardo M. 55062 Police Sergeant FT 07/21/06 McCarthy, M. Annette 00120 Police Services Dispatcher FT 07/28/06 Medina, Armando 10955 Program Leader II PT 07/13/06 19� -V Attachment to August 30, 2011 Obsolete Records Destruction Schedule Listing To be purged after September 30, 2011 Employee FF PT Separation Name Number Classification PTCS Date iramontes, Hector 104534 Senior Clerical Aide PT 06/30/0 Moeller, Olivia 00127 Senior Office Assistant FT 06/16/0 aea, Taugata F. 08132 Maintenance Aide II PT 07/17/06 Nguyen, Jane N. 102056 Senior Administrative Intern PT 06/29/06 Nielsen, Eric C. 104318 Program Leader I PT 07/10/06 rozco, Lizbeth 104444 Page PT 06/16/0 Padilla, Magdalena 104469 Program Leader I PT 07/10/0 arral, Jess M. 102811 Maintenance Aide II PT 06/14/0 Peregrino, Eduardo 103419 Program Leader I PT 08/25/06 Perez, Adriana 104651 Program Leader 11 PT 08/25/06 Perez, Margarita A. 104432 Customer Service Representative FT 06/06/06 uijano, Karla 10527 Clerical Aide PT 06/28/06 adziuk, Sonya 01167 Senior Parking Control Officer FT 07/02/0 Rivera, David M. 104298 Clerical Aide PT 08/25/06 Sanchez, Oscar P. 01394 Police Officer FT 06/30/0 Sandoval, Rachel 104192 Librarian FT 07/14/06 Sebastian, Maurice S. 104474 Senior Personnel Analyst (UC) PT 07/28/0 anthasiri, Theresa 104596 Engineering Intem PT 08/25/0 egeler Jr., William 83624 Police Lieutenant (RM) FT 06/02/06 hanthasiri, Theresa 104596 Engineering Intern PT 08/25/06 Torres, Juana 103345 Sr. Administrative Intern PT 08/04/0 Torres, Paola 104472 Senior Administrative Intern PT 07/12/06 Tsai, Dowling 01809 Senior Civil Engineer PT 07/26/0 Valdez, Humberto 104426 Police Cadet PT 08/20/06 Vargas, Kenneth M. 05879 Detention Manager (AM) FT 08/01/0 Vazquez, Adolfo 103337 Senior Office Assistant FT 06/23/06 Vu, Ha Son 04730 Community Center Aide PT 08/10/06 Ward, Mykaela 104655 Program Leader II PT 08/25/0 Washington, A'lana L. 104416 Program Leader II PT 08/25/06 einmann, Paul A. 102627 Mail Clerk/Messenger FT 07/14/06 Yang, Rosalyn Y. 103936 Program Coordinator PT 07/10/0 Zamora, Steven 104656 Senior Administrative Intem PT 08/18/06 embrzuski, Richard A. 09170 Police Officer FT 08/31/06 iegler, Brittany M. 104519 Police Recruit FT 07/27/06 19 C40 2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ August 2008 and Materials implementation of recruitments. ** prior Bilingual Forms certifying bilingual capabilities fer August 2008 and Certification employees FeGeiviRg bilingual pay a for prior Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at August 2008 and recruitment time, are kept for outreach prior purposes.* Examination Examination answer sheets completed by August 2008 and Answer Sheets applicants during testing process and other prior testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of August 2008 and Lists individuals placed on an eligible list card for prior hiring purposes (copies only - original signed eligible lists are with recruitment file folder (according to classification title)). ** See attached spreadsheet, dated August 30, 2011, with recruitment files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Rosa Flores for Date Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes 19C -11 CONSENT BY: Kathie S. Gonzalez Date Executive Director of Personnel Services APPROVED BY: J sep traka Date nterim City Attorney Attachment to August 30, 2011 Obsolete Records Destruction Schedule Listing To Be Purged after September 30, 2011 Bulletin Number Classification Date Posted Date Closed Date Eligible List Established If Cancelled, Date Canceled 76 -08 Assistant Buyer 04/28/08 05/27/08 N /A- Rcrtmnt Cncld 07/07/08 75 -08 Assistant Traffic Operations Engineer 04/21/08 05/23/08 06/27/08 N/A 80 -08 Deputy Fire Chief (RM) 05/19/08 06/06108 06/26/08 N/A 14 -09 Facilities Maintenance Superintendent (MM) 07/15/08 07/22/08 07/24/08 N/A 82 -08 Housing Specialist I /Bilingual- Spanish 05/20/08 06/12/08 N /A- Rcrtmnt Cncld 07/07/08 83 -08 Housing Specialist I /Bilingual- Vietnamese 05/20/08 06/12/08 N /A- Rcrtmnt Cncld 07/07/08 81 -08 Lead Accounting Assistant 05/15/08 05/29/08 06/25/08 N/A 66 -08 Payroll Technician (LIC) 03/17/08 04/14/08 06/05/08 N/A 02 -09 Police Recruit 07/01/08 07/03/08 N /A -No Applicants N/A 48 -08 Police Services Dispatcher 11/28/07 07/02/08 07/17/08 N/A 77 -08 Public Works Crew Leader 04/30/08 05/14/08 06/12/08 N/A 74 -08 Recreation Leader /Bilingual- Spanish 04/21/08 05/09/08 06/02/08 N/A 78 -08 Redevelopment Project Manager 1 05/06/08 05/20/08 06/16/08 N/A 11 -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint Gilbert Davila, Director of Organizing for the United Food and Commercial Workers, as a labor representative on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of September 9, 2011, by a vote of 19:0 (Carter, Didion, Elliott, Everett, Gonzalez, Jimenez -Hami, Knitter, Korthuis, Lin, Lewis, Nazeri, Ruiz absent), the Workforce Investment Board recommended that the City Council appoint Gilbert Davila, Director of Organizing for the United Food and Commercial Workers, as a labor representative on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the City Council adopted a resolution establishing the Santa Ana Workforce Investment Board (WIB) and appointed 35 members. In accordance with federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. Currently, the WIB has one labor representative seat vacant due to the resignation of Ernesto Medrano. The Orange County Labor Federation is the only labor organization authorized to nominate labor representatives locally and has submitted a nomination letter for Mr. Davila, along with a resume which highlights his qualifications, noted as Exhibit 1. 19D -1 WIB Labor Appointment October 3, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Ed ds Interim Exec r a Director Community Development Agency NTE /LO /kg Exhibit: 1. Nomination Letter /Resume W01 MA April 21, 2011 Linda Summers Executive Director Santa Ana Workforce Investment Board P.O. Box 1988, M73 Santa Ana, CA 92702 -1988 RE: SANTA ANA WIB NOMINATION FOR GILBERT DAVILA Dear Ms. Summers, The Orange County Labor Federation respectfully nominates Gilbert Davila for appointment to the Santa Ana Workforce Investment Board (SAWIB). Mr. Davila is currently the Director of Organizing for the United Food and Commercial Workers (UFCW), Local 324, Mr. Davila joined UFCW, Local 324, in 1998 as an Organizing Representative and represented the grocery workers at several major supermarkets in the Orange County and Los Angeles County areas. In 2004 he was promoted to Director of Organizing. He's built many long -term relationships with Orange County activists, community leaders and educators. He strongly believes that collaborating with all community stakeholders is the key to success. The Orange County Labor Federation currently represents over 89 unions in Orange County, representing over 150,000 union members in the county. We ask for your cooperation and speedy action on this nomination. Sincerely, Tefere Gebre Executive Director Orange County Labor Federation EXHIBIT 1 Gilbert Davila United Food & Commercial Workers Union Local 324 8530 Stanton Ave Buena Park, CA 90622 0 Born in Dirmuitt, Texas, of Mexican American parents who worked in the cotton fields as migrant workers. 0 Graduated from Pomona High School and attended Cal Poly Pomona before pursuing a boxing career, 0 1982 -87 Professional Boxing Career and Proud brother of Bantamweight Champion Albert Davila 0 1991 Began his work in the grocery industry (Carlton's Market) before starting with UFCW, Local 1428, in Claremont, CA 0 1992 promoted to the organizing department working as a special representative for five years 0 Started with UFCW, Local 324, in Buena Park, CA, and, in 2004, promoted to Director of Organizing, o Completed Labor Study Courses at the Los Angeles Trade -Tech Community College to earn a Labor Studies degree in the fall of 2011 0 2005 -2008 served on the Advisory Board of the Orange County Congregation Community Organization 0 2011 Co -chair for the CLUE Labor Relations Council 0 Executive Board Member for the United Food & Commercial Union, Local 324 Married to Anette Marie Davila and father of Austin 23, Alexis 22, Trevor 21, Carson 19 Tyler 18, Mekenzie 16, Nicholas 15 and PROUD grandpa of Jeron James Kunzwieler. 19D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT ANNUAL REPORT CITY MANAGER RECOMMENDED ACTION 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 Approve the 2010 -11 Downtown Santa Ana Community Management District annual report submitted by Downtown Inc. DISCUSSION On December 15, 2008, the City Council adopted a resolution establishing the Downtown Santa Ana Community Management District (CMD) and the levy of an assessment of the property owners within the District to fund various activities in the Downtown. The CMD plan provided that the initial tax assessment be levied in FY 2009 -10 and that the operating term of the CMD be January 1, 2010 to December 31, 2014. The City entered into a management agreement with Downtown Inc. on June 9, 2009 to operate the Community Management District and to oversee the expenditure of the assessments collected during the five -year term of the CMD. The ordinance establishing the Community Management District and the management agreement with Downtown Inc. requires the submission of an annual report to the City Council containing the following information: 1) Any changes including, but not limited to, the boundaries of the CMD or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property if a classification is used; 2) The improvements and activities to be provided for that upcoming fiscal year; 3) An estimate of the cost of providing the improvements and the activities for that upcoming fiscal year; 4) The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year; 19E -1 CMD Annual Report October 3, 2011 Page 2 5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; 6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. On August 24, 2011, the City Council modified the district boundaries to exclude territory from the CMD. The Council also approved the Management District Plan and Engineer's Report to reflect the boundary modifications. On September 27, 2011, Downtown Inc. submitted the 2010 -11 annual report for the Downtown Santa Ana Community Management District (Exhibit 1) and is requesting approval by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. i lac n � Nancy T. E ards Interim Exe tive Director Community Development Agency NTE /SG /mlr Exhibit: 1. CMD Annual Report/Budget 19E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: CITY MANAGER BUDGET STABILIZATION PLAN WEEKLY UPDATE CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 On September 19, 2011 City staff presented to the Council a Budget Stabilization Plan that included a 4 -prong approach to address the City's structural budget deficit. Like many cities, Santa Ana has been affected by the national recession, which affected all of the cities' major revenue sources used to fund mission - critical services. Further, the State of California revenue take -aways and the dramatic increase in PERS rates have negatively impacted Santa Ana's current budget. In an effort to provide the Council with weekly action steps the City is taking to either reduce expenditures or increase revenues, I offer you the following updates associated with the 4 -prong approach: Negotiated Compensation Reductions • All three major labor groups are currently in discussions with the City Labor Negotiator. Outsourcing • 16 areas identified in the Management Partners Report are being evaluated. Three RFPs are ready for release next week. Appropriate meet and confer meetings with labor groups have occurred. Additional opportunities to reduce cost through outsourcing are being explored. • Staff reviewed the Bowers contract in full detail. The contract does not expire for approximately 37 more years and commits the City to operating expenses in the approximate amount of $1.4 million per year. Staff will meet with the Bowers President to seek a reduction to the City's obligation. We will also discuss the use of the Kidseum and a 3rd Street City -owned property currently used for storage by Bowers. 19F -1 City Manager's Budget Stabilization Plan Weekly Update October 3, 2011 Page 2 Restructuring /Service Reductions • 1 am completing my one -on -one meetings with department heads to review their operations and mission - critical services. Service reductions and restructuring proposals by departments will be gathered by October 1, 2011. Revenue Enhancements • City is tracking closely the League of California Cities lawsuit against the State for taking the VLF revenue in the last budget. This was a $1.2 million hit to Santa Ana. • A community survey will soon be released to gather information on a possible revenue enhancement. • City is investigating uniform application of sanitation fee to hotels, which could generate approximately $200,000 - $300,000. • Paramedic subscription fee program has been re- marketed to capture lost revenues. Expenditure Controls • All non - mission critical consumable goods and capital purchases have been eliminated or limited. • City is looking to recover costs /expenses from the current Civic Center Authority contract with our government partners. • The City's financial consultant, Dave Millican, was at City Hall three days this past week reviewing the City's financial systems and evaluating the City's revenue and expenditure projections. Public Communications • Article on City's budget deficit is on front page of the Web with links to the Management Partners Report and Budget Stabilization Plan. • I will be attending six community meetings in the next month to update residents on the status of the budget. • Another newsletter to all employees will be sent out thanking employees for their budget suggestions on the employee portal. 19F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD FOR MCFADDEN ❑ As Recommended TRIANGLE HABITAT RESTORATION ❑ As Amended GRANT FUNDED (PROJECT NO. [I E3 on Reading ) � PRO ❑Ordinance on 2 I d Reading 086019) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO ;v :I< MANAGER RECOMMENDED ACTION FILE NUMBER Award a contract to STL Landscape, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add -on Alternate Two in the estimated amount of $111,500, for construction of the McFadden Triangle Habitat Restoration. 2. Approve a funding analysis with a total estimated construction cost of $149,870. 3. Approve an appropriation adjustment recognizing $16,265 in the Parks District 4 A & D Fund Account (31413260- 66220) for the McFadden Triangle Habitat Restoration. DISCUSSION The McFadden Triangle is a triangular- shaped undeveloped dirt lot adjacent to the Santa Ana River Recreational Trail north of McFadden Avenue (Exhibit 1). The Santa Ana River Vision Plan, which was adopted by the City Council on August 7, 2006, identified this property as an area of opportunity in that it could be developed into a trail -side rest area for pedestrians and cyclists. The proposed project includes decomposed granite paths, benches, bike racks, drought - tolerant landscaping, sycamore trees, and an irrigation system. Add -on Alternate Two provides for recycling receptacles, river rock bollards, and a dry streambed. The improvements will provide a space for trail users to rest as well as view the existing habitat area. The notice inviting bids was advertised on August 24 and 25, 2011, and bids were opened on September 8, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. 20A -1 Contract Award for McFadden Triangle Habitat Restoration October 3, 2011 Page 2 Santa Ana Contractors receiving notices: 19 Contractors requesting bidding documents: 11 Bids received: 7 Bids received from Santa Ana Contractors: 0 While the City made outreach efforts to Santa Ana contractors regarding the notice inviting bids, no contractors from Santa Ana submitted bids. A survey was taken from randomly selected Santa Ana contractors who chose not to bid. The results indicated that they either were not capable of performing this type of work, were unable to obtain insurance because the project was too large, or they worked as a subcontractor to certain prime contractors. The bids received are as follows. NAME OF RESPONSIVE BIDDER CITY BASE BID AMOUNT 1. STL Landscape Los Angeles $ 80,000.00 2. Aramexx Construction Chino $ 83,575.00 3. HYM Engineering Buena Park $ 84,050.00 4. Native Landscape Inc. Escondido $ 97,880.00 5. Marina Landscape, Inc. Anaheim $112,700.00 6. Micon Construction Placentia $123,947.20 7. Fleming Environmental Fullerton $126,935.00 A total of seven bids were received and all were responsive. The lowest bid was submitted by STL Landscape for $80,000, which is below the Engineer's estimate of $115,575. The bidding documents require that the lowest responsible bidder be selected based on the lowest base bid. The amount to be awarded will include the base bid plus add -on Alternate Two in the total amount of $111,500. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2006 -167 was filed for this project. Contract Award for McFadden Triangle Habitat Restoration October 3, 2011 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $149,870 for the project (Exhibit 2). Funds are available in the State Habitat Conservation Fund (accounting unit 16913262- 66220) and in the Parks District 4 A & D Fund (accounting unit 31413260- 66220). RGdinez II Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency IMIAm Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency al . s a SANTA ANA TITLE: CITY COUNCIL AGENDA DATE; OCTOBER 3, 2011 PUBLIC WOPKS AGENC7 EXHIBIT 1 MCFADDEN TRIANGLE HABITAT RESTORATION (PROJECT NO. 086019) 20A -5 0 10 Po. tai� , 0< glMlfflol�, FUNDING ANALYSIS PROJECT NO. 08 -6019 MCFADDEN TRIANGLE HABITAT RESTORATION Construction Contract $111,500 Contract Administration $3,200 Inspection and Testing $7,000 Survey Staking $4,000 Contingencies $24,170 TOTAL ESTIMATED CONSTRUCTION COSTS 1149 870 Exhibit 2 20A -7 qlMlff;,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR MEASURE M2 ENVIRONMENTAL CLEANUP WATER QUALITY PROGRAM FUNDING (GRANT FUNDED) (XA CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting funds in the amount of $200,000 into the Measure M2 Street Construction Revenue Fund for competitive grants (accounting unit 03217002 - 52332) and appropriating $200,000 to the Measure M2 Street Construction Expense Fund for Improvements Other Than Buildings (accounting unit 03217662 - 66220). DISCUSSION On June 6, 2011, the City Council authorized the application for project funding through the Measure M2 Environmental Cleanup Program - Tier 1 Water Quality Grant Funding Program - administered by the Orange County Transportation Authority (OCTA). On August 8, 2011, OCTA authorized funding up to $200,000 for the Downtown Business /Civic Center Stormwater and Wintersburg Channel Stormwater Reduction Projects. These funds are designated for projects with a transportation nexus that reduces storm water pollution related to transportation- related runoff. Agreement No. C -1 -2783 "M2 CTFP Master Funding Agreement" was approved by OCTA and amended on September 8, 2011, to include the two projects discussed above. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Measure M2 Street Construction Fund (accounting unit 03217662 - 66220). Raul Godinez II Executive Directo Public Works Agency RG /SF APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 41UN 20B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2010 TITLE: - CONTRACT AMENDMENT AND AWARD TO SC FUELS FOR DIESEL FUEL (SPEC. NO. 08 -004 and 11 -051) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: "TA-00061WR ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Amend the contract with SC Fuels for diesel fuel by $50,000 for a total amount not to exceed $300,000. 2. Award a contract with SC Fuels for the purchase of diesel fuel, petroleum products and biodiesel for a one -year period with provision for four one -year renewals in an annual amount not to exceed $325,000. DISCUSSION The Fleet Management - Central Stores Division of the Finance and Management Services Agency provides diesel fuel at the City's Corporate Yard for all City diesel- operated vehicles. In addition to the underground fuel storage tanks at the Corporate Yard, tanks are located at the police facility, and various Fire Stations. Soy biodiesel is being introduced as a new subdivision to our diesel fuel usage. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The SC Fuels' contract with The Cooperative Purchasing Network (TCPN) for diesel fuel and products was awarded as a result of open, competitive bidding, and meets the City's requirements. Pricing for the City's fuel purchases are based upon daily benchmarks published by the Oil Price Information Service (OPIS), plus fixed fees and applicable taxes. The current contract is based on the prior year's consumption and pricing. To date, the rising cost of fuel at 27 percent has exceeded the anticipated rate increase of 12 percent projected last September 2010. Amending the contract will allow for the payment of invoices and will provide uninterrupted fuel service until the new contract term becomes effective. 22A -1 Contract Amend and Award for Diesel Fuel October 3, 2011 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation Gas & Diesel account (no. 07510100 - 63300). Francisco Gutierrez Executive Director Finance and Management Services Agency KM 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: CONTRACT AWARD TO LENCO INDUSTRIES INC. FOR ARMORED VEHICLES (SPEC. NO. 11 -047) 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 Award a contract to Lenco Industries Inc. for two Bearcat armored vehicles in the amount not to exceed $594,695. DISCUSSION The United States department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an urban Area Core City for the ninth year. The City of Santa Ana has fiscal responsibility for the FY09 UASI Grant for the Anaheim /Santa Ana Urban Area which encompasses the 34 jurisdictions in Orange County. To increase regional collaboration in Homeland Security the Lenco Bearcat (Ballistic Engineered Armored Response Courter Attack Truck) project will support the North County SWAT (NCS) and West County SWAT (WCS) teams in their response to a catastrophic event in the Orange County Urban Area. The NCS and WCS regional teams provide primary SWAT coverage to the Cities of Brea, Fullerton, La Habra, La Palma, Placentia, Yorba Linda, California State Fullerton, Westminster, Seal Beach, Cypress, Los Alamitos and Fountain Valley. This project will procure two Bearcat vehicles and enable the NCS and WCS teams to safely respond to Hazardous Materials Tactical Operations (HMTOC) and Weapons of Mass Destruction (WMD) tactical situations. Lenco Industries Inc. is the sole source manufacturer of an armored vehicle graded to protect against .50 caliber ball ammunition with counter balanced roof hatch that provides level IV ballistic protection for gunners. In addition, in 2006, five Lenco Bear vehicles were purchased through UASI grant funds. To maintain interoperability between the seven armored vehicles operating in the Orange County Operational area, utilization of only the Lenco line with proprietary design elements ensures SWAT operators the ability to operate all vehicles without any special or additional training. 22B -1 Contract Award for Armored Vehicles October 3, 2011 Page 2 FISCAL IMPACT Funds are available in the FY 2009 UASI Grant fund account (no 12514407- 66400- 10427101182- 3496). fix APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Police Chief Executive Director Police Department Finance & Mgmt Services Agency KM 22B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 3, 2011 TITLE: APPROVED CONTRACT AWARD FOR FAIRVIEW ❑ As Recommended As TRIANGLE HABITAT RESTORATION El OrAmended ❑ Ordinance on 1" Reading (GRANT FUNDED) (PROJECT NO. ❑ Ordinance on 2 "d Reading 086028) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO - t FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to ACE CD, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $93,207.50 for construction of the Fairview Triangle Habitat Restoration. 2. Approve a funding analysis with a total estimated construction cost of $123,780. DISCUSSION The Fairview Triangle is a triangular- shaped undeveloped dirt lot along the Santa Ana River Recreational Trail and Fairview Avenue, south of 17th Street (Exhibit 1). The Santa Ana River Vision Plan, which was adopted by City Council on August 7, 2006, identified this property as an area of opportunity in that it could be developed into a trail -side rest area for pedestrians and cyclists. The proposed project includes decomposed granite paths, benches, a bike rack, drought - tolerant landscaping, and an irrigation system using reclaimed water. The improvements will provide a space for trail users to rest as well as view the existing habitat area. The Notice Inviting Bids was advertised on August 17 and 18, 2011, and bids were opened on September 7, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 19 Contractors requesting bidding documents: 26 Bids received: 10 Bids received from Santa Ana Contractors: 0 23A -1 Contract Award For Fairview Triangle Habitat Restoration October 3, 2011 Page 2 While the City made outreach efforts to Santa Ana contractors regarding the notice inviting bids, no contractors from Santa Ana submitted bids. A survey was taken from randomly selected Santa Ana contractors who chose not to bid. The results indicated that they either were not capable of performing this type of work, were unable to obtain insurance because the project was too large, or they worked as a subcontractor to certain prime contractors. The bids received are as follows. NAME OF RESPONSIVE BIDDER CITY BASE BID AMOUNT 1. ACE CD, Inc. Glendora $93,207.50 2. Moalej Builders Sherman Oaks $101,752.60 3. Fleming Environmental, Inc. Fullerton $104,065.55 4. Native Landscaping, Inc. Escondido $109,365.00 5. STL Landscape, Inc. Los Angeles $116,000.00 6. HYM Engineering, Inc. Buena Park $125,860.00 7. Ted Enterprises, Inc. San Clemente $139,750.00 8. Aramexx Const. Chino $148,295.00 9. Unique Performance Const. Inc. Costa Mesa $166,645.00 10. Atom Engineering Const. Hemet $177,398.00 A total of 10 bids were received and all were responsive. The lowest bid was submitted by ACE CD, Inc., for $93,207.50, which is below the Engineer's estimate of $105,500. ENVIRONMENTAL IMPACT Environmental Review #ER- 2006 -166 has been completed and a Notice of Exemption has been filed pursuant to the California Environmental Quality Act. In addition, a Certificate of Categorical Exclusion has been prepared in accordance with the National Environmental Quality Act. Contract Award For Fairview Triangle Habitat Restoration October 3, 2011 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $123,780 for the project (Exhibit 2). Funds are available in the National Recreation Trails Fund Act (accounting unit 17213240 - 66220) and the Park Acquisition and Development Fund (accounting unit 31113260- 66220). F Raul Godinez gIll Executive Director Public Works Agency Gerardo Mouet Executive Direct r Parks, Recreation, and Community Services Agency RGMA Exhibits: 1. Project Location Map 2. Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -4 B � LA VE TP r- - 22 w�� Ir1 vp n � YESTN INSTE r EVENTEENT 9 SEV TEENT � CIV CENTE X00 \ n ❑�D�DD000 gtiq c Da, U�O��00�00 .rui= �� FIRST a III ���O ❑000 FIRST nCFAODEN L EE= ncFaooEN oa�� EOI LAGER i — E a X Y �a EOINGER e E FIE Cho❑ .1 WARNER (II�u V u L_J YPRNER u ❑ �i �❑n T a Q�a $E RSTR OYER i hp c¢uelrt � NP ARTR R �S P $UNFLOWE �a SUNFLOWER S Q> FAIRVIEW TRIANGLE T \Rti'Y SANTA ANA CITY COUNCIL AGENDA ■ H ■ PROJECT 0&-am VVu DATE: FAHVEW TIPIMME HABITAT FESI )RATIM PUBLIC KRKS AOENCI SEPTEMBER 7, 2011 0%ok A MM \Rwy r1�N oRANC 3 � o z o , 1 4 FUNDING ANALYSIS PROJECT NO. 08 -6028 FAIRVIEW TRIANGLE HABITAT RESTORATION Construction Contract $93,207 Contract Administration $2,432 Inspection and Testing $6,000 Survey Staking $3,500 Contingencies $18,641 TOTAL ESTIMATED CONSTRUCTION COSTS 123 780 Exhibit 2 23A -7 �*Ulffoe,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: EMPLOYEE GROUP INSURANCE RENEWALS al1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r....61W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements for long term disability, medical, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance. DISCUSSION The City's employee group benefit policies, contracts and agreements are renewed annually on January 1. This year the City will contract with a new provider for employee group life, accidental death & dismemberment, long -term disability, and renew contracts with the current providers for employee assistance, dental and flexible spending plans. Life and Accidental Death & Dismemberment and Long -Term Disability Currently the City provides life and accidental death & dismemberment (AD &D) coverage and long -term disability (LTD) insurance through AIG Life Insurance Company for full -time employees. Bids were solicited for life, AD &D and LTD providers to ensure that the renewal rates from our current provider were competitive based on the current market. As a result of the bid process, Aetna was selected to provide life, AD &D and LTD coverage effective January 1, 2012. This selection reflects a combined decrease in premiums of 14.0% (while maintaining an identical benefit structure to our current plan). Aetna has agreed to a three -year rate guarantee for the Life, AD &D and LTD rates through December 31, 2014. 25A -1 Employee Group Insurance Renewals October 3, 2011 Page 2 Life Insurance Insurance Coverage Current Insurance Insurance Percent Change Employee Rate Renewal Rate 0.0% Life Insurance $0.10 per $1000 $0.102 per $1000 2.0% Accidental Death & $0.0285 per $1000 $0.020 per $1000 -29.8% Dismemberment Long -Term Disability Group Coverage Current Insurance Insurance Percent Change Employee Rate Renewal Rate 0.0% Management $0.57 per $100 $0.352 per $100 -38.2% Employees $8.78 $8.78 0.0% 130 day wait Employees $15.93 $15.93 0.0% 60 day wait Dental Plans The contract with Safeguard is up for renewal. Safeguard has agreed to renew our contract for a period of one year with no rate increase. We are currently in the second year of a two -year contract with Delta Dental, and there will be no rate increase. Type of Coverage Safeguard Dental Current Rate Safeguard Dental Rate 2012 Percent Change Employee $25.28 $25.28 0.0% Employee Plus Family $43.22 $43.22 0.0% 25A -2 Employee Group Insurance Renewals October 3, 2011 Page 3 Type of Coverage Cur e elta Rate RaDelta Percent Change Employee $48.39 $48.39 0.0% Employee Plus Family $119.17 $119.17 0.0% CalPERS Health Program The CalPERS basic HMO health plans will increase by 5.3% and the basic PPO health plans will increase by 3.0 %. The increase reflects higher costs anticipated for hospital, medical and prescription drug use next year. The City will incur a 7.28% increase in costs because the City's contribution toward medical is tied to the Kaiser rate. The employees will pick up any increase in cost above the Kaiser rate. Plan Employee Only Employee & one Dependent Employee & two or more Dependents Blue Shield Access+ HMO $583.60 $1167.20 $1517.36 Blue Shield NetValue $501.93 $1003.86 $1305.02 Kaiser $512.76 $1025.52 $1333.18 PERSCare $943.26 $1886.52 $2452.48 PERSChoice $526.19 $1052.38 $1368.09 PERSSelect $446.68 $893.36 $1161.37 PORAC safet members $527.00 $987.00 $1254.00 25A -3 Employee Group Insurance Renewals October 3, 2011 Page 4 Employee Assistance Program — REACH Employee /Associate Assistance The Employee Assistance Program (EAP) assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, marital and family problems are available. REACH currently provides services under this program. Bids were solicited for a new EAP provider to ensure that the rates from REACH continue to be competitive based on the current market. The service level from REACH has been superior and the contract will be renewed with REACH. The terms of the contract will remain the same. The current fee is $1.85 per employee per month based on 1,550 employees. REACH has agreed to renew this contract for a three year period with no increase. Retirees are not included in the annual cost estimates. The Police Officers Association maintains their own insurance programs for medical, dental and LTD coverage. The Firemen's Benevolent Association maintains their own insurance program for LTD coverage. FISCAL IMPACT The annual cost of each plan may vary depending on changes in the number of employees enrolled during the year. The projected annual costs are calculated using current enrollment as of July 2011. 25A-4 Coverage for POA (Sworn and Non - Sworn) 2011 2012 Difference Aetna Life /POA LTD Insurance $ 455,730 $ 439,753 $ - 15,977 POA Dental $ 594,000 $ 574,560 $ - 19,440 POA Medical $ 6,688,836 $ 6,940,940 $ 252,104 REACH (EAP Provider) $ 12,210 $ 11,810 $ - 400 Total Annual Cost $ 7,750,776 $ 7,967,063 $ 216,287 Coverage for FBA (Sworn and Non - Sworn) 2011 2012 Difference Aetna Life /FBA LTD Insurance $ 153,922 $ 152,853 $ - 1,069 Dental Carriers $ 154,857 $ 158,374 $ 3,517 CalPERS Medical $ 2,570,016 $ 2,752,991 $ 182,975 REACH (EAP Provider) $ 4,551 $ 4,529 $ - 22 Total Annual Cost $ 2,883,346 $ 3,068,747 $ 185,401 25A-4 Employee Group Insurance Renewals October 3, 2011 Page 5 Coverage for SEIU, CASA, SAMA, EM, FMA, PMA & PTCS Difference $ - 32,745 $ - 29,449 $ 3,678 $ 422 $ - 58,094 Funds in the amount of $4,964,871 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053 - 64010) to pay for City Administered insurance coverage. Funds in the amount of $4,043,278 are budgeted and available in the Employee Benefits account (account no. 08109053 - 64010) to pay for the Association Administered insurance coverage. Total budgeted amount is $9,008,149 available in Fiscal Year 2011 -2012. The balance to be budgeted in Fiscal Year 2012 -2013. hoj-eon!rn_� athie S. Gonz lez Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -5 2011 2012 Aetna Life /LTD Insurance $ 164,339 $ 131,594 Dental Carriers $ 404,487 $ 375,038 CalPERS Medical $ 6,452,107 $ 6,455,785 REACH (EAP Provider) $ 17,649 $ 18,071 Total Annual Cost $ 7,038,582 $ 6,980,488 Difference $ - 32,745 $ - 29,449 $ 3,678 $ 422 $ - 58,094 Funds in the amount of $4,964,871 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053 - 64010) to pay for City Administered insurance coverage. Funds in the amount of $4,043,278 are budgeted and available in the Employee Benefits account (account no. 08109053 - 64010) to pay for the Association Administered insurance coverage. Total budgeted amount is $9,008,149 available in Fiscal Year 2011 -2012. The balance to be budgeted in Fiscal Year 2012 -2013. hoj-eon!rn_� athie S. Gonz lez Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -5 aVlffl, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: AGREEMENT WITH CORRECTIONAL MANAGED CARE MEDICAL CORPORATION FOR INMATE MEDICAL SERVICES / WI[A, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Correctional Managed Care Medical Corporation to provide inmate medical services in an annual amount not to exceed $1,313,075, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 20, 2007, the City issued a Request for Proposals (RFP) for inmate medical services at the Santa Ana Jail. These medical services are required and governed by State law, under the California Department of Corrections Title 15 requirements. The RFP specified on -site medical services 24 hours a day, in addition to a doctor on call, for the Santa Ana inmates. Medical staff is required to conduct daily sick calls, dispense medication, as well as to assist in the intake of incoming inmates to assess for entrance acceptability. Additional services such as dental care, radiology, ophthalmology, OB /Gyn, psychiatric crisis intervention and emergency medical billing services are also required. Correctional Managed Care Medical Corporation (CMCMC) continues to be responsive to the specifications and City's requirements. On August 20, 2007, Council approved entering into a three - year agreement with two one -year renewal options with CMCMC. This would be the fifth year of the new contract. 25B -1 Agreement for Police Department Inmate Medical Services October 3, 2011 Page 2 FISCAL IMPACT Funds in the amount of $1,094,230 are available in the Police Department, Detention Services fund (account no. 01114475 62300). Funds in the amount of $218,845 will be included in the FY 2012 -13 budget. Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency FOURTH AMENDMENT TO AGREEMENT FOR THE PROVISION OF INMATE MEDICAL SERVICES BETWEEN THE CITY OF SANTA ANA AND CORRECTIONAL MANAGED CARE MEDICAL CORPORATION THIS FOURTH AMENDMENT TO AGREEMENT, is entered into this day of , 2011, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City ") and Correctional Managed Care Medical Corporation ( "Contractor "). RECITALS: A. City and Contractor entered into Agreement #A- 2007 -193, dated August 20, 2007, for the Provision of Inmate Medical Services, hereinafter referred to as "said Agreement ". B. City and Contractor entered into a First Amendment, Second Amendment, and Third Amendment, which each renewed the term of said Agreement for an additional one -year period and approved the maximum obligation to be expended for services during that renewed term. C. The Parties desire to renew the term of said Agreement for an additional one -year period, approve the maximum obligation to be expended for services during that renewed term, and amend said Agreement to provide for an additional one -year extension. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, TERM, shall be extended for an additional one -year period to August 31, 2012. 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. The Total Annual sum to be expended under this Agreement for staffing, pharmaceutical, supplies and other services shall not exceed $1,313,075.00, during the renewal term, from September 1, 2011 to August 31, 2012. During that renewal term, the total payments for inmate medical services shall not exceed $1,213,075.00. An additional amount up to $100,000.00 shall be available for Additional Services as listed in Section 13 of the RFP, during the renewal term." 3. Except as hereinabove modified, 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 the day and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Teresa L. Judd Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager CORRECTIONAL MANAGED CARE MEDICAL CORPORATION (Name) (Title) 25B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended AGREEMENT WITH NARANJO El Amended El O Or rdinance on 151 Reading LANDSCAPE, INC., FOR ANNUAL WEED ❑ Ordinance on 2 "d Reading AND DEBRIS REMOVAL SERVICES ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Naranjo Landscape, Inc., to provide weed and debris removal services in an amount not to exceed $184,500 for a one -year period with provision for 3 one -year renewals subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Maintenance Services Division is responsible for maintaining over 200 vacant lots, easements, and storm drain channels. In order to do so, a contract for weed and debris removal from both public and private properties is required. Removing the weeds and debris will enhance the safety and appearance of these areas maintained by the Public Works Agency. On September 20, 2010, the City Council awarded a one -year contract to Pestmaster Services, Inc., to provide weed and debris removal services based on lowest responsive bid. The term of the award was shorter than the typically requested award term for this service, which is a one -year award with provisions for 3 one -year renewals. This change was based on City Council's concerns regarding the outlook of the economy and staff was directed to solicit proposals again in 2011. Prior to this year, this service was awarded as part of the bid process in which the contract is awarded to the lowest responsive bidder. At times, this approach did not obtain the most qualified contractor, as it is based on lowest quoted price. This time, in order to attain the most qualified and cost - effective contractor, a Request for Proposals (RFP) was processed. The RFP process is used when other qualifying criteria is determined to be of greater importance than price alone, such as qualifications and relative experience. This year the specifications included weed control spraying as a contract requirement which will save the City money by reducing the frequency of weed removal services in lots, culverts, and channels. The RFP notice inviting proposals was advertised on August 29, 2011, and proposals were solicited and due on September 6, 2011, at 4:00pm. 25C -1 Agreement for Annual Weed and Debris Removal Services October 3, 2011 Page 2 A summary of the proposals received is as follows: 6 responses received for the RFP 1 proposal received from Santa Ana vendors 1 proposal late and returned unopened 5 proposals evaluated Proposals were reviewed and evaluated on September 7, 2011, based on qualifications, capacity to perform the required work, understanding of the scope of services, and cost competiveness. The top three finalists were invited to an oral interview on September 13, 2011. DeAngelo Brothers, Inc., was invited to the final interview; however, they requested to be removed from consideration due to a significant mathematical error in its quoted pricing. Based on the proposals evaluated, the scores for the RPF finalists are as follows: Naranjo Landscaping, Inc Pestmaster Services, Inc. The proposal from Naranjo Landscape understanding of the scope of services, competiveness. Combined with efficiency resulting from the company's experience in of the past 20 years, staff recommends options for 3 one -year renewals. FISCAL IMPACT RATING SCORE 1 564 2 465 was the top- ranked proposal based on technical merit, qualifications, experience with similar contracts, and cost of work and thorough understanding of the City's needs having held the City's weed and debris removal contract 18 a one -year agreement with Naranjo Landscape, Inc., with Funds are available in the Sanitation Enterprise, the Federal Clean Water Protection Enterprise, Community Development Agency Downtown Development, and the Merged Housing Capital Projects Funds (account nos. 05717640 - 62300, 06817640- 62300, 40718842 -62300 and 50718830 - 66220). Raul Godinez II Executive Director Public Works Agency ��CC�cilC �C� Nancy T. Edw ds Interim Exec _ ' e Director Community Development Agency PG Exhibits: 1. Abstract of Proposal Quotes 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 ABSTRACT OF PROPOSAL QUOTES FOR ANNUAL WEED AND DEBRIS SERVICES Vendor Naranjo Landscape Inc. Location Silverado, CA Total $ 195,668.61 Exhibit 1 25C -3 Pestmaster Services, Inc. Reno, NV $ 288,599.45 25C -4 AGREEMENT FOR PROVISION OF WEED AND DEBRIS REMOVAL SERVICES THIS AGREEMENT, made and entered into this 3`d day of October, 2011 by and between Naranjo Landscape, Inc., a California Limited Liability Corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of weed and debris removal services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in City's Request for Proposals for Weed and Debris Removal Services, dated August 24, 2011, attached as Exhibit A to this Agreement, along with Contractor's Proposal, attached as Exhibit B. In the event of any conflict in the terms of this Agreement and any attachment or exhibit hereto, the terms of this Agreement shall prevail, followed by the City's Specifications (Exhibit A) and then by Contractor's Proposal (Exhibit B). Contractor shall provide experienced and knowledgeable staff to perform services under the direction of City staff. The Contractor shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Contractor shall be knowledgeable of and comply with federal, state and local regulations. Coordination with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the final work product. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, City Commissions and Council meetings, local and state agencies and boards and contractors. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the Contractor's direct contact, by the Contractor acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in its Proposal attached as Exhibit B.. The total sum to be 25C -5 expended under this Agreement shall not exceed $184,500.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2012, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to three additional one -year terms upon at the City's option, as evidenced by a written extension of the terms and conditions of this Agreement executed by the Executive Director of Public Works and the City Attorney. City may terminate this Agreement if the Santa Ana City Council fails to approve funding for said services during any fiscal year. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain 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. 25C -6 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (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 Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; 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 Contractor 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. PERFORMANCE BOND 25C -7 Contractor shall provide to City a bond for the faithful performance of the services required by this Agreement, in the amount of one - hundred percent (100 %) of the total annual agreement amount of the proposal prior to execution of the agreement. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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 Fax No. 714- 647 -6956 With courtesy copies to: and Public Works Agency — Maintenance Services City of Santa Ana 220 S. Daisy Avenue (M -85) P.O. Box 1988 Santa Ana, California 92703 Fax No. 714- 647 -3345 City Attorney City of Santa Ana 25C -8 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714 - 647 -6515 To Contractor: Naranjo Landscape, Inc. 29255 Modjeska Canyon Road Silverado, California 92676 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 Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION a. This Agreement may be terminated by Contractor upon ninety (90) days written notice of termination delivered to City. b. City may terminate this Agreement upon thirty (30) days written notice of termination delivered to Contractor. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. However, payment need not be made for work which fails to meet the standard of performance specified in the Specifications set forth in Exhibit A. 25C -9 c. Material Breach. If the Director determines Contractor has failed in the performance of the duties and/or schedule as provided herein for a period of 15 cumulative days, the Director may consider Contractor in material breach. City may exercise all remedies in law or equity for said breach, including but not limited to: 1) termination of this contract effective 15 days after nc6ce of such breach is placed in the U.S. Mail, and/or 2) withholding all or a portion of payment owed relative to any such failure to perform or delay in performance, and/or 3) directing the work be accomplished by either City personnel or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of 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. 25C -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: IN Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager NARANJO LANDSCAPE, INC. BOB NARANJO Vice President Tax ID# 25C -11 25C -12 EXHIBIT A CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSAL FOR WEED AND DEBRIS REMOVAL (RFP) I. SCOPE OF WORK/SERVICES 1.01 GENERAL CONDITIONS 1. The work to be done shall consist of destroying weeds, wild grass, and poisonous or noxious plants and removing rubbish (including but not limited to scrap metals, junk, disassembled parts of automobiles or machinery, tires, concrete, asphalt, bricks or other construction or demolition materials, debris, litter, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials), garbage, (including but not limited to animal matter including feces, fruit or vegetable matter) and trimming trees and bushes from properties designated by the Inspector of the Public Works Agency. Hazardous waste or hazardous materials shall not be removed from any property. 2. All work, which is determined by the Inspector to be defective or deficient in any of the requirements of the specifications, shall be remedied by the Contractor at his expense in a manner acceptable to the Inspector. 3. The Contractor shall maintain all equipment required for the provision of services, as set forth in Sec. 1.03, below, for the duration of this Agreement. 4. Contractor shall complete work within the time period set forth as follows: Contractor shall have the ability to clean properties at the rate of no less than 18,000 square feet per day excluding discing and any unforeseen circumstances that may cause work to be delayed provided that this amount of work is available. Contractor shall also have the ability to disc properties at the rate of no less than 42,000 square feet per day excluding any mowing, handwork or haul away. 5. Work shall be completed in the same order in which issued by the Inspector; i.e. no invoice will be paid for any of the cleaning of any property until all prev,ous properties have been completely cleaned. All invoices shall be submitted within fourteen (14) days of completion of work. 6. If City and Contractor cannot agree as to the method of abatement to be used in a parcel of property, the City reserves the right to retain another contractor to do the necessary abatement work on that parcel. Whenever a dispute between contractor and Inspector shall arise, the word of the Inspector shall prevail. 7. Contractor shall be available, or his /her designate at all times for the duration of the contract. 25C -13 8. Emergency call out fee paid to Contractor shall be a minimum of $75 per incident. 9. Contractors outside work will not interfere with contract. City work shall have priority. 02 WEED ABATEMENT AND LOT CLEANING All parcels designated by the Inspector for weed abatement and lot cleaning shall be thoroughly cleaned of all weeds, grass, noxious growth, trash, rubbish and garbage in the following manner: 1. Whenever possible, lots shall be cleaned by discing. 2. All lots to be disced shall be disced to within one (1) foot of the property line until all vegetation is covered with dirt. All weeds, grasses, or noxious growths along fences, buildings, in corners or along edges of parcels or that which cannot be safely reached by the disc shall be mowed or cut by hand -held implements to not more than two (2) inches above the ground. Vegetation so mowed or cut shall be gathered and removed, or spread on the surface of the parcel from which it was mowed or cut, and thereafter disced into the ground. 3. On lots, which are not accessible to a tractor or are otherwise impractical to disc, as designated by the Inspector, all weeds, grass and poisonous or noxious plants shall be cut or mowed to a height of not more than two (2) inches above the ground. Vegetation so cut or mowed shall be removed from the lot. 4. All parkways and gutters in front of lots with abutting curbs and sidewalks shall be cleaned of all weed or noxious growths. Any concreted or asphalted area upon parcel being cleaned shall be swept and /or blown clean of any and all rubbish or debris. Vegetation shall be cut to not more than two (2) inches above grade and such vegetation shall be removed or disced into the soil of the abutting parcel. The abutting public sidewalk shall also be thoroughly cleaned. All tumbleweeds that are too large to be disced under, and all trash, rubbish and garbage shall be hauled to a county disposal site. 5. Parcels which are clean, show signs of a substantial attempt to clean, are placed under cultivation, or are built upon before the Contractor's arrival to commence work, shall not be cleaned by the Contractor and no payment shall be made to the Contractor for any work done thereon, including any cost of moving Contractor's equipment to or from the location of any such parcel. Inspector shall note any such condition on the work order. 6. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor or its foreman. 25C -14 1.03 EQUIPMENT The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner unless otherwise provided. The Contractor shall furnish all equipment, tools, materials, supplies and labor necessary to complete the work. It is mandatory that the following equipment and tools be provided. a.) Minimum half (1/2) I.) Push brooms cubic yard loader b.) Minimum twenty (20) m.) Loppers cubic yard dump truck C.) Gas - powered n.) Tree pole saw lawnmower d.) Gas - powered weed o.) Hedge shears eater e.) Gas - powered p.) Long handled hoe blower f.) Gas - powered q.) Pitch fork hedge trimmer g.) Gas - powered chain r.) Traffic cones or saw delineators h.) Edger s.) Wheelbarrow i.) Shovel t.) Tractor 0 Scoop shovel u.) Discer k.) Rakes 25C -15 25C -16 r CITY OR SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR ANNUAL WEED AND DEBRIS REMOVAL SERVICES CertEtication I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work and locations. I am familiar with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Bid Item Price Pricing shall be based on the items listed below. Fee must be Inclusive of all casts, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee In writing. The City has the option to purchase and provide materials. Special material will be purchased and /or by the City or the City will reimburse the Contractor after authorization by City. _Naranjo Landscape, Inc. LEGAL NAME OF COMPANY 29255 Modjeska Cyn, ltd., Silverado CA 92676 BUSINESS ADDRE=SS Andrew Naranjo PRINTED NAME OF AUTHORIZED AGENT SIGNATURE qWHORIZED AGENT 714.876.7674, N/A PHONE AND FAX NUMBER Vice President: TITLE 9/6/11 DATE 20-0492954 andrew @naran j olandscape - inc . com FEDERAL IDENTIFICATION NUMBER OR TAX ID (IF APPICABLE) EMAIL ADDRESS C27: 935471 CONTRACTOR LICENSE NUMBER (IF A- PPLICABLE) LJ City of Santa Ana Public Works Agency Request for Proposals for Annual Weed and Debris Removal 16 of 24 25C -17 EXHIBIT Bid SECTIQN II - Abate weeds on lot by hand Unit No: Item Unit Quantity Price Total 3 50.00 15 0.00 10. "- SECTION I - Abate Weeds on lots by Discing or 125. 0 0 5 ,. 62 5.0 0 11. tractor mower Incl, edging & misc. hand labor 90 125.00 11, 250.00 1. 3,001 Sq. Ft. to 6,000 -Sq. Ft. Lot 18 50,00 900.00 2. 6,001 Sq. Ft. to 9,000 Sq. Ft. Lot 20 75.00 1,500.00 3. 9,001 Sq. Ft. to 12,000 Sq. Ft. Lot 12 60.00 720.00 4. 12,001 Sq. Ft. to 24,000 Sq. Ft. Lot 25 75.00 1,875.00 5. 24,000 Sq. Ft. to 1 Acre Lot 15 75.00 1,125.00 6. One (1) Acre to 2 Acres Lot 12 100.00 1,200.00 7. Two (2) Acres to 3 Acres Lot 3 100. 0 0 300.00 08. Each additional Acre past 3 Acres Lot 1 100.00 100.00 Bid Unit No: Item Unit Quantity Price Total 25G-1 SECTIQN II - Abate weeds on lot by hand mowing, Incl. edging and hand labor. 9. 3,000 Sq. Ft. or less Lot 3 50.00 15 0.00 10. 3,001 Sq. Ft. to 6,000 Sq. Ft. Lot 45 125. 0 0 5 ,. 62 5.0 0 11. 6,001 Sq. Ft. to 9,000 Sq. Ft. Lot 90 125.00 11, 250.00 12. 9,001 Sq. Ft. to 12,000 Sq. Ft. Lot 10 125.00 11250.0 0 13. 12,001 Sq. Ft. to 24,000 Sq. Ft. Lot 5 200.00 1, 0x0.00 14. 24,001 Sq. Ft to 1 Acre Lot 1 250.00 250.00 15. One (1) Acre to Two (2) Acres Lot 1 250.00 250.00 City of Santa Ana Public Works Agency Request for Proposals for Annual Weed and Debris Removal 17 of 24 25G-1 9 City of Santa Ana Public Works Agency Request for Proposals for Annual Weed and Debris Removal 18 of 24 25C -19 SECTION III REFERENCED BID ITEMS 1. Miscellaneous Hand Work Sq. R. 1,050,000 •0500 52, 500.00 2. Trimming of Bushes and Tress Cu. Ft. 450,000 .0500 22, 500.00 3. Removal 8 Hauling of Rubbish and Oarbage From Lots to Disposal Site Except Items designated In Line #4: a. Ito 20 cubic yards Cu. Yd. 1,200 12.00 14, 400.00 b. 21 cubic yards and above. Cu.. Yd. 4,500 12.60 54,000.00 4. Removal and Hauling of Concrete, Asphalt, Blocks, Bricks, Rock and /or Cu. Yd. 400 10.00 4, 000.00 Dirt. SECTION ly- WEED CONTROLS RAYING Bid Unit No: Item Unit Quantity Price Total Lot Size - Weed Spraying Lot 1. 3,000 Sq. Ft. or less Lot 2 72.50 145.20 2. 3,001 Sq. Ft. to 6,000 Sq. Ft. Lot 26 79.20 2,059.20 3. 6,001 Sq. Ft to 9,000 Sq. Ft. Lot 34 85.80 2,917.20 4. 9,001 Sq. Ft to 12,000 Sq. Ft. Lot 11 93.50 1,028.50 5. 12,001 Sq. Ft. to 24,000 Sq. Ft. Lot 29 121.0 0 3,509.00 6. 24,001 Sq. Ft.to 1 Acre Lot 10 154.00 540.00 7. One (1) Acre to Two (2) Acres Lot 10 280.50 _1, 2`f305.00 8. Two (2) Acres to Three (3) Acres Lot 2 401.50 s 0 j 00 9. Each Additional Acre Past 3 Acres Acre 2 104,50 , 202.00 10. Miscellaneous Areas -- i.e. Sloped Sq. Ft. 717,000 0{� 0 � 5,757.51 Areas, Flood Channels, Not Flat TOTALBID ................................ ............................... 195, 668.61 ECTI N V I. Miscellaneous Hand Work Per Hour Flat Fee 100.00 9 City of Santa Ana Public Works Agency Request for Proposals for Annual Weed and Debris Removal 18 of 24 25C -19 CITY OF SANTA ANA REQUEST FOR PROPOSAL WEED AND DEBRIS REMOVAL. EXHIBIT C PROPOSAL AND CONTRACT AGREEMENT EQUIPLAgN T LISTING List below all equipment available should you receive a contract from the City of Santa Ana, TRACTORS: Number Make Model Hydr(YesiNoo Controls 1 John Deere 2240 YES DISCS: Number Width Disc Diameter Double /Single Throw 1 7 Ft. 24 In. Double MOWERS: Number Width of Cut Hand or Tractor Mower 2 24 In. Hand TRUCKS: Number Width Disc Diameter Double /Single Throw 1 Ford F600 Dump 1 Toyota Stake Bed 1 Toyota Tacoma Pickup TO BE INCLUDED IN PROEM& PACKAGE City of Santa Ana Public Works Agency Request for Proposals for Annual Weed and Debris Removal 19 of 24 25C -20 I] CITY OF SANTA ANA REQUEST FOR PROPOSAL WEED AND DEBRIS REMOVAL. EXHIBIT D PR_OPOSAL EQUIPMENT LINING List below all equipment available should you receive a contract from the City of Santa Ana. HALF CUBIC YARD LOADER: Number 1 Make Bobcat GAS POWERED WEEDEATER: Number Make Hydraulic Controls Model (Yes/No) S -130. Yes GAS POWERED HEQGE TRIMMER: Number Make 4 TMC x Echo 1 Stihl 1- Kawasaki GAS POWERED BLOWER: GAS POWERED CHAIN SAW: Number Make Number Make 2 TMC 2 Echo Stihl OTHER EQUIPMENT: All equipment necessary to complete the sc22e of work TO BE INCLUDED IN PROPOSAL PACKAGE City of Santa Ana Public Works Agency Request for Proposals for Annual Weed and Debris Removal 20 of 24 25C -21 25C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: AGREEMENT WITH INFORMED RX TO PROVIDE A DISCOUNT PHARMACY CARD PROGRAM 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement with Informed Rx to provide a discount pharmacy card program for the City of Santa Ana for a two -year period, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The growing cost of medical care is one of our nation's most pressing social, medical and economic challenges. Millions of Americans struggle to afford the medications they need, frequently forgoing them due to price. While the focus is often on senior citizens, the high cost of prescription drugs is a daunting challenge for Americans of all ages, particularly those who are uninsured. A half - million Orange County residents lack health insurance, according to a U.S. Census Bureau survey released in September 2009. The US Census Bureau estimates that 32.7% of Santa Ana's 357,000 residents are uninsured. Through this agreement Informed Rx will develop and maintain a comprehensive pharmacy network to consistently deliver discounted prescription drug services to individuals and families that participate in the program. The objectives of the program are to 1) save community members money on medications, and 2) provide an additional revenue source for the City that will be used to discount health and fitness related classes at our recreation centers. The program primarily benefits those with no other form of health insurance. All funds needed to support the program will come from the pharmaceutical industry. No City funds will be used to support the program and no City staff will be used to run the program. The Parks, Recreation and Community Services Agency presented the Discount Pharmacy Card program to the Board of Recreation and Parks on March 23, 2011, and the Parks, Recreation, Education and Youth (PREY) Council Committee on March 31, 2011 and both the Board and the Committee recommended approval of the proposed program. The City Council approved the release of the RFP on April 4, 2011. 25D -1 Informed Rx Agreement October 3, 2011 Page 2 On May 20, 2011, Requests for Proposals (RFPs) were issued to companies soliciting proposals for a discount pharmacy card program. A pre - proposal conference was conducted on June 7, 2011 and three vendors submitted proposals for consideration. The Discount Pharmacy Card Group, Informed Rx, and United Networks of America each submitted proposals for review. A four member evaluation committee consisting of representatives from PRCSA Administration, Library, Recreation, and CDA evaluated and rated the four proposals. The proposals were evaluated based on the vendor's Responsiveness to the RFP (30 %), Experience of Firm and Personnel (30 %), and Past Performance on similar contracts (40 %). The results of the evaluation process are as follows. Vendor Score Informed Rx 370 United Networks of America 331 The Discount Pharmacy Card Group 282 Informed Rx was rated highest, scoring 370 out of a maximum 400 points. United Networks of America scored 330, and The Discount Pharmacy Card Group scored 282 points. The evaluation committee rated Informed Rx the highest as a result of the quality of their proposal and the company's experience with similar public sector programs. The program will be available to all Santa Ana community members - individuals who live, work and visit Santa Ana will be eligible. The agreement will have a two -year term and will include a provision that allows the City to extend the agreement for two additional two -year terms. An estimated $20,000 in annual revenue will be generated to supplement healthy leisure class programming. FISCAL IMPACT Funds for this agreement will be deposited in the PRCSA Special Fees and Donations revenue account (no. 02213002 57010). Gerardo Mouet, Executive Direct Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 2501-2 DISCOUNT CARD CLIENT SERVICES AGREEMENT BETWEEN INFORMEDRX, INC. AND THE CITY OF SANTA ANA This Client Services Agreement (this "Agreement ") is entered on between InformedRx, Inc. ( "IRx ") a Delaware corporation, and the City of Santa Ana ( "Client "), a municipal corporation and charter city organized under the constitution and laws of the State of California, each a "Party" and together the "Parties ". Defined terms used throughout this Agreement are provided in Exhibit C attached hereto and incorporated herein by reference. The Parties agree: 1. Obligations of IRx. (a) Prescription Drug Card Services. IRx shall provide "Prescription Drug Card Services ", as set forth in IRx Proposal for Pharmacy Benefit Management Services, dated July 12, 2011, attached hereto and incorporated by this reference, through which individuals may utilize identification cards entitling them and their dependents access to contracted, discount pricing for prescription drugs and drug products dispensed at participating pharmacies on or after the Activation Date. Individuals will be responsible for proper co- payment. (b) Retail Participating Pharmacy Network. (i) National Network. IRx will work with subcontractor, ParamountRx to provide a national network of Participating Pharmacies ( "National Network ") to provide Prescription Drug Card Services to Members. (ii) Customer Service for Participating Pharmacies and Provider Inquiries. IRx will provide a call center telephone line available to all Participating Pharmacies 24 -hours per day, 7 days per week. (c) Mail Service Pharmacy. IRx shall provide the following services from its mail service pharmacy: (i) receive prescriptions from Members via U.S. mail or commercial carrier, facsimile or telephone at an address or phone number as specified by IRx from time to time, subject to and in accordance with the Plan Design Document. (ii) fill prescriptions during normal business hours, subject to the professional judgment of the dispensing pharmacist, provided that the prescription is accompanied by the correct copay, deductible, or coinsurance amount as applicable; representative; (iii)., - provide Members toll -free telephone access to a pharmacist and customer service (iv) provide to Client for review, any promotional materials that explain to Members how to use the mail service program, as well as any other materials Members may require to begin using the mail service program. At the direction of Client, IRx shall make available or distribute, upon request, mutually agreed upon standard materials to Members at no additional cost. Client will be responsible for all costs associated with the distribution of custom materials to Members; (v) ship all prescription orders to Members via U.S. Postal Service or other appropriate carrier to the address provided by Client and /or the Member, as long as such addresses are located in the United States; and Discount Card Client Services Agreement—Template 01 .2011 i 25D -3 (d) Client and Member Services. (i) Account Management. IRx, or its subcontractor, shall provide trained, experienced account service resources to serve as liaison between Client and IRx for the purpose of facilitating operational activities, resolving issues, and providing consultative support. Account management support includes scheduling conference calls to monitor and discuss outstanding priorities. Account management staff will act as the primary contact to Client after the implementation process is completed. (ii) Member Customer Service. IRx shall make available trained, experienced Member Customer Service representatives to provide Eligible Members with information regarding pharmacy locations, eligibility, claims status and general information regarding their Prescription Drug Card Services. Member Customer Service is available 24 hours a day, 7 days a week, 365 days a year. (e) Payment for Discount Card Program. IRx shall make payments to Client in the form of a single check each month for compensable Claims under this Agreement.* Payments will occur thirty (30) days following the end of each month. The first payment will be due on and continue each month thereafter until such time as IRx no longer processes any Claims under this Agreement. IRx's payments made in any given month shall be calculated by taking the sum of $1.50 times the number of compensable retail claims during the prior month plus $1.50 times the number of compensable mail Claims for the prior month. (For example, if there were 100 retail compensable Claims and 50 mail compensable Claims during the month of , 20 then the payment due on would equal $ [(100 x $ ) + (50 x $ )].) Delinquent payments will incur late interest charges at the rate equal to the lesser of one and one -half percent (I' /z %) per month or the highest rate allowed by law, pro -rated on a daily basis for each day the payment is late. Unless otherwise directed by Client, IRx will send monthly payments to: Parks, Recreation and Community Services Administration Robert Carroll 26 Civic Center Plaza (M -75) Santa Ana CA 92702 Under no circumstances will IRx pay any fees or other payments on Claims where no Processing Fee has been received by IRx. * Subcontract service providers, brokers /consultants /administrators, and IRx may also be receiving/ retaining a fee in connection with compensable Claims hereunder. Client Responsibilities. (a) Monthly Reports for Discount Card Program. IRx shall provide Client and, upon request, its designated representatives with a monthly report electronically, which shall include utilization data showing generic and brand utilization, and U &C breakdown of prescription drug use amongst Members. Such reports will not include any reference to individual Members or contain Patient Health Information as defined under HIPAA. (b) Non -pa went. If a Member fails to meet any co- payment obligations at the point of sale, the Member will be unable to utilize Prescription Drug Card Services. Term and Termination. (a) Term. This Agreement will become effective on the date hereof and continue for two (2) years after the Activation Date (the "Initial Term "). Thereafter, this Agreement may be extended up to two additional two -year terms (each a "Renewal Term "), upon the mutual agreement of the Parties. Notwithstanding any provision in this Agreement to the contrary, in no event may either party terminate this Agreement without cause prior to the expiration of the Initial Term. Discount Card Client Services Agreement_Template_01.2011 2 25D -4 (b) Termination for Cause. Either Party may terminate this Agreement following a material breach by the other Party. The non - breaching Party shall notify the breaching Party of the breach and the breaching Party shall have thirty (30) days (the "Cure Period ") to cure the breach to the reasonable satisfaction of the non - breaching Party. If the breaching Party fails to cure the breach within the Cure Period, then the non - breaching Party may terminate the Agreement immediately. (c) Effect of Termination. If Client terminates this Agreement for any reason, other than as allowed in Sections 3(a) and 3(b) above, IRx will retain any and all payments due to the Client for use by its Members. If this Agreement is terminated for any reason, it is the Client's obligation to instruct Members to discontinue use of Prescription Drug Card Services provided by IRx under this Agreement. In the event that any Member continues to use the Prescription Drug Card Services after termination, IRx shall retain any and all payments received for such usage. Confidentiality. (a) Confidential Information. The term "Confidential Information" includes any information that either Party receives from the other or from one of their subsidiaries or affiliates, including but not limited to all copies thereof. If disclosed in writing or other tangible or electronic form, the Confidential Information must be conspicuously labeled at the time of delivery as "Confidential Information." If disclosed orally, the information must be identified prior to disclosure as Confidential Information (b) Use of Confidential Information. The receiving Party shall use the Confidential Information it receives pursuant to this Agreement for the sole purpose of its obligations under this Agreement. Except as specifically provided herein, in no event shall.; the receiving Party disseminate or communicate the Confidential Information in any form to any other person, firm, corporation or affiliate without the express written consent of the disclosing Party. The receiving Party shall only disclose Confidential Information to persons within its organization who (i) need to know the Confidential Information in order to accomplish the objectives in connection with this Agreement, and (ii) are required to protect and otherwise not disclose or use the Confidential Information except as provided in this Agreement. Such persons who receive any Confidential Information shall be subject to written agreement no less restrictive than this Section 4. (c) Derivatives of Confidential Information, Any reports, documents, notes or other information in whatever form or medium that are derived or result from the receipt of Confidential Information shall be governed by the same terms and conditions respecting confidentiality and use as is the Confidential Information itself. (d) Rights in Confidential Information. All Confidential Information of the disclosing Party shall be and remain the property of the disclosing Party. The receiving Party shall not obtain any rights of any nature whatsoever in or to the Confidential Information as a result of such disclosure. Upon the disclosing Party's request, the receiving Party shall promptly destroy or return to the disclosing Party all of the disclosing Party's Confidential Information, including all copies thereof. An officer of the receiving Party shall certify to the disclosing Party that all Confidential Information has been destroyed or returned to the disclosing Party. (e) Exceptions. Notwithstanding any provisions contained in this Agreement, the receiving Party shall not be required to maintain in confidence the following information: (i) information which, at the time of disclosure to the receiving Party, is in the public domain; (ii) information which, after disclosure, becomes part of the public domain by publication or otherwise, except by breach of this Agreement; (iii) information which was in the receiving Party's possession at the time of disclosure to the receiving Party, and which was not acquired, directly or indirectly, from the disclosing Party; (iv) information which the receiving Party can demonstrate resulted from its own research and development, independent of disclosure from the disclosing Party; (v) information which the receiving Party received from third parties, provided that such information was not obtained by such third parties from the disclosing Party on a confidential basis; or (vi) information which is produced in compliance with applicable law or a court order, provided that the disclosing Party is given reasonable notice of such law or order and an opportunity to attempt, at the expense of the disclosing Party, to preclude or limit such production. The receiving Party shall have the burden of showing any Discount Card Client Services Agreement_Template_01.2011 3 25D -5 one or more of these exceptions apply. Access and Records. (a) Record Maintenance. For the longer of the period required by law or seven (7) years from the date of rendering any Prescription Drug Card Services, the Parties will maintain records related thereto. (b) Use of Information. Except for Confidential Information, each Party may use, reproduce, or adapt information obtained in connection with this Agreement, including Claims data information and eligibility information, in any manner they deem appropriate, except that each Party and its agents, employees, aid contractors shall maintain the confidentiality of this information to the extent required by applicable law or regulation including the provisions of HIPAA, and may not use the information in any way prohibited by law. Each Party shall be solely responsible for its own use of such information, and shall indemnify and hold the other Party harmless for, from and against any and all costs, losses, and damages incurred by the other Party as a result of such use. 6. Indemnification. Each party (an "Indemnitor ") shall indemnify and hold harmless the other party (an "Indemnitee "), and its officers, directors, shareholders, employees and other agents, from and against any claims, liabilities, damages, judgments or other losses (including, but not limited to, attorneys' fees) incurred by the Indemnitee arising out of or as a result of any acts or omissions of the Indemnitor, or its officers, directors, employees or other agents in connection with the performance of any of their duties and obligations contained within this Agreement. 7. Limitation on Liability. IRx's maximum liability to Client for any assertion of loss or damage arising out of or in connection with this Agreement (including any assertion brought by any third party, as a result of any breach of this Agreement by IRx or otherwise arising from IRx's wrongful acts, errors or omissions) shall not exceed the average monthly payment for compensable Claims payable to Client in accordance with Section (1)(e). This average monthly payment for compensable Claims will be calculated based on the payments made for the three (3) months immediately prior to the date in which injury or damage occurred. Client shall give timely, written notice to IRx of any alleged loss or damage. In no event shall either party be liable to the other or any third party for any loss of profits, lost business opportunity or any special, indirect, consequential or incidental damages arising out of or in connection with this Agreement, regardless of the cause of action. 8. Notices. Unless otherwise specifically provided herein, all notices, consents, requests, demands and other communications required or permitted hereunder: (a) shall be in writing; (b) shall be sent. by messenger, certified or registered U.S. mail, a recognized national overnight delivery service for next business day delivery, facsimile or e -mail (with a copy sent by one of the foregoing means), charges prepaid as applicable, to the appropriate address or number set forth below; and (c) shall be deemed to have been given on the date of receipt by the addressee (or, if the date of receipt is not a business day, on the first business day after the date of receipt), as evidenced by (i) a receipt executed by the addressee (or a responsible person in his or her office), the records of the person delivering such communication or a notice to the effect that such addressee refused to claim or accept such communication, if sent by messenger, U.S. mail or recognized national overnight delivery service, or (ii) a receipt, or other evidence of transmittal, generated by the sender's facsimile or e -mail software showing that such communication was sent to the appropriate number or e-mail address on a specified date, if sent by facsimile or e -mail. All such communications shall be sent to the following addresses or numbers, or to such other addresses or numbers as any Party may inform the others by giving five (5) business days' prior notice: Discount Card Client Services Agreement_Template_01.2011 4 25D -6 If to IRx: InformedRx, Inc. 2441 Warrenville Road, Suite 610 Lisle, IL 60432 -3642 Attention: Contract Administration Facsimile: (630) 328 -2189 E -Mail: legal @sxc.com If to Client: Clerk of the Council 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 Attention: Facsimile: 714- 647 -6956 E -Mail: With courtesy copy to: PRCSA — Administration Robert Carroll _ 26 Civic Center Plaza (M 75� P.O. Box 1988 Santa Ana, CA 92702 Facsimile : 714 - 647 -4211 E -Mail: rcarrollna Santa -ana ore General Provisions. (a) Subcontractors. Both parties acknowledge that some services under this Agreement will be performed by Paramount Rx. (b) Advertising. Neither Party shall use promotional material referencing or referring to the other Party without the prior consent of the other Party; which consent shall not be unreasonably withheld. Both Parties will cease any and all usage immediately upon termination of this Agreement. (c) Intellectual Property. Any rights in information, innovations, ideas, discoveries, products, creative works and the like (whether or not copyrightable or patentable), suggestions, communications, data, reports and results conceived, derived, reduced to practice, made or developed by either Party as a direct result of the services under this Agreement shall be the sole property of the Party developing such. (d) Other Obligations. The Parties represent and warrant that the terms of this Agreement are not inconsistent with any other obligations whether contractual or otherwise that the Party may have or with the policies of any other entity with which the parties are associated. (e) Governing, Law. This Agreement will be governed by and construed according to the laws of the State of California without regard to its choice of law provisions. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. (f) Independent Contractors. Each Party is an independent entity and nothing in this Agreement shall be construed to establish an employer /employee or principal /agent relationship or any fiduciary or other relationship other than independent parties contracting with each other for the purpose of carrying out the duties and obligations of this Agreement. Nothing in this Agreement is intended or shall be construed to confer upon any person or entity (including Participating Pharmacies, Covered Manufacturers and Eligible Members) other Discount Card Client Services Agreement_Template_01.2011 5 25D -7 than the parties hereto and their successors or permitted assigns, any rights or remedies under or by reason of this Agreement. (g) Force Majeure. Neither Party shall be deemed to have breached this Agreement or be held liable for any failure or delay in the performance of all or any portion of its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control. Without limiting the generality of the foregoing, such causes include acts of God or the public enemy, fires, floods, storms, earthquakes, riots, strikes, boycotts, lock -outs, acts of third parties (e.g., wholesalers), wars and war - operations, restraints of government, power or communication line failure or other circumstances beyond the Party's control, or by reason of the judgment, ruling, order of any court or agency of competent jurisdiction, or materially altering the law or regulations covering the subject matter of this Agreement or any other change in such law or regulations subsequent to the execution of this Agreement. However, if the force majeure event continues for thirty (30) consecutive days the party not directly affected by it may terminate this Agreement immediately upon written notice to the other party without penalty to it. (h) Non - Solicitation of Employees. During the term of this Agreement and for one (1) year thereafter, neither Party may (without the prior written consent of the other Party) actively solicit any person employed then or within the preceding year by the other Party and involved directly or indirectly in the performance of this Agreement. Such consent may be withheld in the other Party's sole discretion. The term "actively solicit" does not include any employment of the other Party's personnel through means of advertisements, job postings, job fairs and the like and any employment where the individual has made the initial approach to the hiring Party. (i) Assi nment. Neither party may assign any rights or obligations under this Agreement without the other party's prior written consent, except that either party may assign this Agreement without the consent of the other party to a parent company, controlled affiliate, or affiliate under common control with the assigning party. Notwithstanding the foregoing, IRx may assign this Agreement to Paramount Rx, or in connection with a sale of assets, or other business combination, without the consent of Client. 0) Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of each of the parties; provided, however this agreement may not be assigned by either Party without the expressed written consent of the other Party. (k) Severabili y and Waiver. The invalidity or unenforceability of any term or provision of this Agreement shall in no way affect the validity or enforceability of any other term or provision. The waiver by either Party of a breach; of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach thereof. (1) Headings. The headings to the sections and subsections of this Agreement shall be disregarded in its interpretation. (m) Dispute Resolution Procedures. The parties shall make a good faith effort to resolve any disputes arising during the term of this Agreement. (i) If the parties are unable to resolve the dispute through informal discussions, either party may submit a written complaint to the other party describing the dispute and proposing a manner of resolving such dispute. The party receiving such complaint shall respond by accepting, rejecting, or modifying such proposed resolution, in writing, within thirty (30) days of the date of receipt of such complaint. (ii) If the parties are still unable to resolve the dispute and only after both parties have determined through proper documentation that they have complied with Section 10(m)(i) above, then both parties shall agree to Executive Dispute Resolution. Executive Dispute Resolution requires each party to meet in person for a reasonable amount of time at a mutually agreeable location. This meeting shall be attended by at Discount Card Client Services Agreement_Template_01.2011 6 25D -8 least one senior member of each company with the authority to settle disputes arising from this Agreement. (iii) Only after the parties have tried in good faith to resolve disputes through informal means, both parties have tried to resolve disputes through formal written means, and they have met to resolve disputes through the Executive Dispute Resolution process, may pursue other legal recourse.. Each party shall be responsible for its own legal costs. (n) Survival of Terms. The provisions of Sections 3(c) and 4 through 9 shall survive the termination of this Agreement. (o) Entire Agreement. This Agreement, any Exhibits, attachments, and any documents incorporated by reference constitute the entire agreement of the parties regarding the subject matter hereof. It supersedes any prior agreements, negotiations or representations, either oral or written, relating to the subject matter of this Agreement. This Agreement may be modified only by a writing executed by both parties. INFORMEDRX, INC. By: Name: Jeff Park Title: Chief Financial Officer Date: By: Name: Title: Date: Discount Card Client Services Agreement—Template 01 .2011 7 25D -9 EXHIBIT A STANDARD IRx PRODUCTS AND SERVICES IRx shall provide the following standard services (all as more fully described in its Proposal) to Client consistent with Client's current Plan Design Document. Standard Services included with base fees: 1. Claims Processing Services a. Eligibility Management b. Eligibility Verification C. On -line Electronic Claims Processing/Administration d. Data Retention — 15 months Operational On -line Data 2. National Pharmacy Network Services a. Administration of the National Pharmacy Network b. Pharmacy Help Desk 3. Client & Member Services a. Member Services Help Desk b. Account Management c. Implementation Support d. Standard Reporting Package 4. ID Cards Production & Mailing a. Standard Member cards or on -line cardsCommunication, b. Standard Replacement Card Carrier via the web 5. Online Member Website Access a. Member web site for access to ID cards, drug pricing tool, pharmacy locator, medication history , mail pharmacy services, as well as, general information 6. Mail Service Pharmacy a. Postage included (Member may incur additional charges for express shipments) Discount Card Client Services Agreement_Template_01.2011 s 25D -10 EXHIBIT B DISCOUNT CASH PROGRAM — CLIENT CONTRACT RATES* Participating Pharmacies will collect from Members the Client Contract Rates. Brand Generic 1) Lower of AWP minus contracted discount + 1) Lower of ParamountRx MAC + Dispensing Fee + Dispensing Fee + Processing Fee; OR; Processing Fee; OR 2) U &C charges 2) AWP minus contracted discount+ Dispensing Fee Online Standard Reporting + Processing Fee; OR Online Member Website Access 3) U &C charges Client Contract Rates for Eligible Members using the IRx Mail Service Pharmacy are as follows Brand Generic AWP minus contracted discount + Dispensing Fee Lower of informedRx MAC + Dispensing Fee; OR AWP minus contracted discount + Dispensing Fee. B. ADDITIONAL SERVICES. Certain services as indicated below are not included in the standard Administrative Fee and are available for an additional charge. This is not an inclusive list. InformedRx may charge for any products or services not specifically represented herein. General Anc illary CPrvnoPc Claims Processing Services Included National Pharmacy Network Services Included Client and Member Services Included ID Cards Production and Mailing TBD Online Standard Reporting Included Online Member Website Access Included Mail Service Pharmacy Included Group Set Up Fees Included On -line Access / Query Included Standard Management Re ortin Included Member/Participant ID Cards — Customized TBD Client Directed Member Communication — Mailing Postage, shipping & handling 'Charges applicable if ID Cards are provided by IRx. IRx reserves the right to modify or amend the financial provisions of this Agreement upon prior notice to Client in the event of (a) any changes in Client's third party administrator or insurance carrier that results in a change in any of the services provided by IRx under the terms of this Agreement; (b) any government imposed change in federal, state or local laws or interpretation thereof or industry wide change that would make IRx's performance of its duties hereunder materially more burdensome or expensive; (c) a change in the scope of services to be performed under this Agreement upon which the financial provisions included in this Agreement are based, including a change in the plan design and the exclusion of a service line (ie. retail, mail) from Client's service selection; or (e) changes made to the AWP benchmark (or other pricing benchmark used hereunder) or the methodology by which AWP (or other pricing benchmark used hereunder) is calculated or reported. Discount Card Client Services Agreement—Template 01.2011 9 25D -11 EXHIBIT C DEFINITIONS In addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the `ollowing meanings: 1. "Activation Date" means the go live date of , 20 when claims will first be processed under this Agreement. "Average Wholesale Price" or "AWP" means the following: i. for products first available on the market before September 26, 2009, either (a) the product of the wholesale acquisition price (WAC) of a prescription drug as set forth in Medi -Span on the date dispensed times the mark -up factor over WAC that was established by Medi -Span to calculate the average wholesale price of such drug on September 25, 2009, or (b) the product of the manufacturer direct price (DP) of a prescription drug as set forth in Medi -Span on the date dispensed times the mark -up factor over DP that was established by Medi -Span to calculate the average wholesale price of such drug on September 25, 2009, and i. for products first available on the market on or after September 26, 2009, the average wholesale price of a prescription drug as set forth by Medi -Span on the date dispensed. 3. "Dispensing Fee" means the amount paid to the Participating Pharmacy for filling a prescription 4. "Eligible Members" or "Members" means individuals who utilize the prescription drug entitled to Covered Prescription Services through Client. 5. "Mail Service Pharmacy" means the pharmacy provider(s) assigned responsibility for dispensing mail order prescriptions to Eligible Members. The mail service pharmacy pricing referenced in Exhibit B of this Agreement will apply to all claims dispensed by a designated mail service pharmacy provider regardless of days supply or quantity dispensed. 6. "Maximum Allowable Cost" or "MAC" means the unit price that has been established by IRx or Paramount for a multi- source drug included on it's MAC drug list developed for IRx clients which may be amended from time to time by IRx in its sole discretion. 7. "Participating Pharmacy" means a retail pharmacy that is included in the Discount Card network provided by IRx under which the pharmacy has agreed to provide discount Prescription Drug Services to Eligible Members and to comply with applicable regulatory requirements. 8. "Processed Claims, Claims, or Claim Forms" (collectively "Claims ") means electronic or paper pharmacy claims that are (i) transmitted to IRx by Participating Pharmacies or Eligible Members as a result of Covered Prescription Drug Services being supplied to Eligible Members by Participating Pharmacies, and (ii) processed by IRx with the result being that the claims are either paid, denied, rejected or reversed. 9. "Processing Fee" means the amount collected by the Participating Pharmacy in addition to the Dispensing Fee on behalf of subcontractors and vendors. A portion of this fee will pass to the Client. 10. Usual and Customary" or "U &C" shall mean the amount a Participating Pharmacy would charge to a cash- paying customer in accordance with the terms of the Participating Pharmacy Network contract with IRx for the same strength, quantity, and dosage form of a Covered Prescription Drug, as of the date of service for Covered Prescription Drug Services. IRx represents and warrants that U &C shall include, but not be limited to, the financial benefits associated with any and all low - price retail pharmacy generic drug programs offered by retail pharmacy providers (for example, the Walmart $4.00 30 -day prescription program, the Walmart $10.00 90day prescription program, and all other such programs, when Claims are processed at retail pharmacies that offer such programs to cash - paying customers and submitted through the on -line adjudication process as the pharmacies' U &C. Discount Card Client Services Agreement_Template_01.2011 10 25D -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENTS WITH SANTA ANA UNIFIED ❑ As Recommended SCHOOL DISTRICT FOR JOINT USE AND As 171 Or Amended ❑ Ordinance on 15t Reading REIMBURSEMENT OF CONSTRUCTION ❑ Ordinance on 2 °d Reading COST FOR WILLARD INTERMEDIATE ❑ Implementing Resolution ❑ Set Public Hearing For I CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to terminate the existing Joint Use agreement and execute a new Joint Use agreement with the Santa Ana Unified School District for Willard Intermediate School for a 30 -year term, with the option for two 10 -year renewals, 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 a Reimbursement of Construction Cost agreement with the Santa Ana Unified School District for park improvements at Willard Intermediate School in the amount of $4.4 million. DISCUSSION On February 16, 2010 City Council adopted a resolution authorizing staff to apply for Proposition 84 "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act funding. The City was successful in being awarded the grant in the amount of $4.4 million to develop park improvements at Willard Intermediate School. Improvements will include a synthetic turf sports field, sports lighting, running track, restroom, play equipment, basketball courts and fencing. The joint use agreement allows the City to manage reservations of the site for youth programs, after school and on weekends. The playground area and the restroom will be accessible to the public during and after school hours. The grant requires the City to enter into a 30 year Joint Use Agreement with the District. The existing 20 year Joint Use Agreement with the Santa Ana Unified School District will require numerous term changes. Therefore, to simplify the agreement, staff requests the existing agreement be terminated and a new 30 year agreement be approved. 25E -1 SAUSD Willard Agreements October 3, 2011 Page 2 The District is currently under construction with a school modernization project at Willard Intermediate School and adding additional classroom space. They anticipate completing the modernization project in a year. The Prop 84 improvements will begin after the modernization project is complete and after the temporary classrooms are removed from the construction site. The District will complete the design, construction and inspection of the Joint Use improvements, not to exceed $4.4 million of available grant funding. The Reimbursement of Construction Agreement requires the District to obtain all necessary permits /insurance and to perform all improvements under the State Grant terms for reimbursement. Together District and City staff will review plans and monitor improvements to ensure project is implemented per City approval. Both agreements are scheduled for approval on the October 11 th SAUSD Board Agenda. Once the agreements are approved they will be forwarded to the State, along with the CEQA documents to complete the terms of the grant. FISCAL IMPACT Funding is available in the Prop. 84 Willard Project account (no. 16113266 66220). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez, rA� Executive Director 4 Finance and Management Services Agency 25E -2 JOINT USE AGREEMENT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA (WILLARD INTERMEDIATE SCHOOL) THIS JOINT USE AGREEMENT ( "Agreement ") is dated as of , 2011, by and between the Santa Ana Unified School District ('District "), a public school district duly organized and existing under the laws of the state of California, and the City of Santa Ana ( "City "), a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California. RECITALS: A. The District owns and operates the Willard Intermediate School which is located at 1342 N. Ross Street, Santa Ana, California. B. California Education Code § 10900 et seq., authorizes District to organize, promote, and conduct programs for community recreation and to cooperate in providing community recreation programs and facilities. C. The City has received a grant through the Statewide Park Development and Community Revitalization Program of 2008, providing funding to install improvements to the facilities, including a running track, synthetic turf field, sports lighting for the field, basketball courts, tot lot and restroom and fencing. D. The City and District desire to undertake a coordinated use of the improved Willard Athletic Field on the Willard Intermediate School site in order to allow maximum use by community residents and sports organizations. E. The coordinated use of the Athletic Field is intended to benefit the families that live in the immediate vicinity of Willard Intermediate School. F. The partnership between the City and District created by this Joint Use Agreement is intended to improve general health and wellness for the residents of the Willard community. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: 1. DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement: A. "Joint Use Property" shall mean that certain real property and improvements thereon described in Exhibit "A" attached hereto. B. "Joint Use Facilities" shall mean the athletic field and track, three basketball courts, Page 1 of 7 25E -3 47176. doc multi - purpose basketball /tennis court, and parking lot. C. "Public Facilities" shall mean the tot lot and restroom installed at the southeast corner of Parton Street and W. 15th Street. Said Public Facilities shall be open during the hours that City parks are open to the public. D. "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. E. "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through Friday (excluding state and national holidays observed by the District) unless changed by agreement of the parties. F. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. G. "City Time" shall mean those days and hours, outside of Regular School Hours and weekends, when the City shall have the right to schedule use of the Joint Use Facilities. 2. TERM AND COMMENCEMENT. This Agreement shall commence on , 2011, and shall run for a term of 30 years. Upon the written agreement of the parties, the term may be extended for up to two additional ten year terms. 3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the Joint Use Facilities shall be determined based on the following. Page 2 of 7 A. District Use. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. B. Cijy Use. City shall have the right at its discretion to schedule activities in the Joint Use Facilities, provided that the times are not in conflict with District Time or activities previously recommended by the Technical Advisory Committee. C. Priority for Youth Sports. The City will directly program the athletic field after school and on weekends exclusively for youth sport organizations with priority given to youth sport organizations that have the greatest number of youth that live within a' /2 mile radius of the Joint Use Property. D. District Priority. Priority will be given to any school or District need for the use 25E -4 47176.doc Page 3 of 7 of the athletic field. Youth Soccer organizations will be informed that the District Use of the Athletic field will have priority and that they are subject to being bumped as long as notification is given beforehand. If a user is bumped during City Time, the District will ensure that a relocation site is available. E. Cily Programming. The City may conduct programs itself or do so through a third party, so long as done in the same manner and under the same conditions for programming in other City facilities and meets any applicable State or Federal anti - discrimination requirements or school -site safety standards such as prohibition of alcoholic beverages and tobacco. Reservation fees collected by City for City Use of the Joint Use Facilities shall be retained by City. F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by the parties, the Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. G. Insurance. The City will be responsible for ensuring that the athletic field permit holder has proper insurance. H. Supervision of Joint Use Facilities. The City will be responsible for managing the athletic field usage when using the Joint Use Facilities during City Time through use of City Field Attendants and City Park Rangers. The City shall provide a level of supervision and security commensurate with that provided at City -owned facilities at all times while using the Joint Use Facilities (and for reasonable periods of time immediately prior to and following such use). I. Maintenance. Normal maintenance of the Joint Use Facilities will continue to be the responsibility of the District, including the synthetic turf field. The City shall maintain the Public Facilities and sports lighting at the Joint Use Facilities. Repairs. The Parties agree that the cost of significant repairs to the Joint Use Facilities will be shared by the Parties at an agreed upon prorated amount. The Parties agree to negotiate in good faith to determine what are significant repairs, the process for performing those significant repairs, and the cost sharing of those significant repairs. As used in this section, "significant repairs" will include, at a minimum, any repair or replacement of a component of the Joint Use Facilities that will cost in excess of 25% of the reasonable estimated value of the component needing repair or replacement For example, if the value of a tennis court is $24,000 and the estimated repair cost is over $6,000, that will be a significant repair subject to this subsection. K. Utilities. District shall pay for all utility services furnished to the Joint Use Facilities for the use, operation and maintenance of the Joint Use Facilities during the Term of this Agreement, or any extension thereof, except for electrical service on the Sports Field which will be paid for by City. District shall pay for 25E -5 47176. doc its use of the sports lighting based on an hourly fee agreed between City and District when the sports lighting is used by the district. L. Further Funding Sources. The parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the athletic fields, basketball courts, tennis courts and other common areas at the Willard Intermediate School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas. 4. LIABILITY AND INDEMNIFICATION. A. The City shall be financially responsible for damages caused by City use under this Agreement. B. The City shall indemnify, defend, and hold harmless District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by City under this Agreement, third party activities programmed or sponsored by the City, and City programming outside of City Time, except those which arise out of a dangerous /defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of its operation of the School, including use, operation, maintenance and repair of the Joint Use Facilities, except as provided in `B" above. 5. INSURANCE. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self- insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 6. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Page 4 of 7 25E -6 47176. doc Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Deputy Superintendent 7. SEVERABILITY AND APPLICABLE LAW. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the State of California and the laws of said State shall govern the validity and interpretation hereof and the parties' performance hereunder. 8. AMENDMENTS. This Agreement sets forth the entire understanding between the parties with respect to Willard Intermediate School. Any modifications must be in the form of a written amendment agreed to by both parties. 9. REMEDIES FOR BREACH. Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 60 -day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and /or arbitration by a mediator /arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. 10. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement shall not be assignable by either Party. Page S of 7 47176 doc 25E -7 11. TERMINATION. Either party may terminate this Agreement, at will, with 60 days prior written notice to the other party. IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City. The "District" The "City" Santa Ana Unified School District, City of Santa Ana a political subdivision of the State of California A Charter City Superintendent IN M. Paul M. Walters Interim City Manager President of the Board Attest: Attest: By: Maria D. Huizar By: Clerk of the Council Clerk of the Board Page 6 of 7 Approved as to Form: Joseph Straka, Interim City Attorney .0 25E -8 Laura Sheedy Assistant City Attorney 47176. doc Page 7 of 7 Exhibit "A" 25E -9 47176. doc L 7 O V ro x m E3 W W C H w = i z E W t W U. i i~ 'TI+E-- --i- s._.._..�. w cc CL ►-�i V uj 4A o~ cr- CL _1 W > I S a a x q V C Qi CL V C O V IN s 3i Ohl ! v �� v E = E 3 c w p pp N Q t= v <t ii ar C x C OO t t1 4. © C LA to . �..- 'TI+E-- --i- s._.._..�. w cc CL ►-�i V uj 4A o~ cr- CL _1 W > I S a a x q V C Qi CL V C O V IN s 3i Ohl AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR WILLARD INTERMEDIATE SCHOOL INCORPORATING PROP 84 GRANT REQUIREMENTS This Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Reimbursement of Construction Costs for Willard Intermediate School Incorporating Prop 84 Grant Requirements ( "Agreement ") is made this day of ' 2011, by and between the City of Santa Ana, a charter city and municipal corporation ( "City"), and the Santa Ana Unified School District ( "District "), a public school district (collectively, "Parties "; individually "Party "). RECITALS A. The District is designing and constructing improvements at its Willard Intermediate School site (the "Project "). B. The Project includes development of approximately five (5) acres, including a new all weather running track, synthetic turf sports field, sports field lighting, restroom, exercise / play area, fencing and landscaping, and renovation of the existing basketball courts, all of which the Parties intend to use for community sports and recreation ( "Facilities "). C. The City wishes to reimburse SAUSD for certain costs associated with the construction of the Facilities, pursuant to the Construction Bid issued by the District, dated 2011, attached hereto and incorporated herein as Exhibit A. D. The City, as a recipient of Proposition 84- Statewide Park Development and Community Revitalization Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ( "Prop 84 ") funds, desires to enter this Agreement with the District for the expenditure of Prop 84 funds in accordance with State Department of Parks and Recreation rules and regulations, to pay for certain construction costs for the Facilities. E. The District, pursuant to, without limitation, section 17077.40, et seq. and /or section 17527, et seq., of the Education Code, is authorized to enter into joint use agreements with other public entities. F. The Parties intend to also enter into a separate agreement for joint use of the Facilities between the City and the District, that the Parties will approve separate from this Agreement ( "Joint Use Agreement "). Upon completion of the Facilities, the District shall permit the City to access the Facilities for public use and recreation purposes pursuant to applicable law and to the Joint Use Agreement. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Construction of Facilities. A. The District shall cause the Facilities to be designed and built, subject to the City's approval, which shall not be unreasonably withheld. The District or its agents or representatives shall meet and confer with the City prior to finalizing construction work on the Facilities, and at reasonable intervals during the development process. B. The City acknowledges that the District is undertaking design and construction of the Project. The Facilities shall be constructed substantially to conform with the Scope of Development attached hereto as Exhibit A, and incorporated herein by reference. Construction Reimbursement Agreement — City of Santa Ana / SAUSD — Willard Facilities Page 1 25E -11 2. Payment for Construction of the Facilities. A. The City shall pay for the cost to construct the Facilities for a not to exceed amount of Four Million, Four Hundred Thousand Dollars ($4,400,000.00). The City shall make payment within thirty (30) days following receipt of a proper invoice evidencing the work performed, subject to receipt of grant funds from the State. B. The Contractor has agreed to separately invoice for its construction of the Facilities so that the City can reimburse only the construction of the Facilities part of the Project. C. The Parties agree to take all reasonable actions to cooperate to enforce the provisions in this Agreement, including this provision, if other third party agencies, including the State of California or the County of Orange, attempt to interpret this Agreement, including these provisions, contrary to the language herein. 3. Record Drawings /Plans for Facilities. District will provide to City a set of record drawings of the Facilities and copies of all contractor - supplied use manuals and warranty information, as applicable. 4. Term /Termination. A. This Agreement shall begin on the date first stated above and terminate on 20 B. If the City breaches this Agreement in any material way, the District may elect to provide written notice to the City of the breach(es). If the City does not cure the breach(es) within ten (10) days of receipt of the notice by paying all overdue funds, the District may terminate this Agreement by providing written notice of termination to the City. City shall be liable to District for all costs, fees, expenses, and other damages the District incurs because of the City's breach(es). C. If the District breaches this Agreement in any material way, the City may elect to provide written notice to the District of the breach(es). If the District does not cure the breach(es) within ten (10) days of receipt of the notice, the City may terminate this Agreement by providing written notice of termination to the District. District shall be liable to City for all costs, fees, expenses, and other damages the City incurs because of the District's breach(es). D. The remedies in this paragraph are in addition to any additional remedies available at law or under this Agreement. A decision by a Party not to terminate this Agreement pursuant to this paragraph does not constitute a waiver of any other claims or remedies that Party may have against the other. 5. Indemnification and Cooperation in Claim Defense. A. District shall indemnify, save, protect, defend and hold harmless the City, its officers, agents and employees from any and all claims, costs, and liability, including reasonable attorneys' fees, for any damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of the District or its agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or indirectly from the negligent or wrongful acts or omissions of City, its officers, agents and employees. B. City shall indemnify, save, protect, defend and hold harmless the District, its officers, agents and employees from any and all claims, costs and liability, including reasonable attorneys' fees, for any damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of the City or its agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or indirectly from the negligent or wrongful acts or omissions of District, its officers, agents and employees. 6. Environmental Review. The District shall be responsible for ensuring compliance with the California Environmental Quality Act and any other applicable environmental laws with regard to the entire Project, inclusive of the Facilities. Construction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 2 25E -12 7. Confidentiality: If either Party receives from the other Party information which due to the nature of that information is reasonably understood to be confidential and/or proprietary, the Parties agree that they shall not use or disclose that 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 Parties disclosed in a publicly available source; (c) is in rightful possession of the Parties without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by one of the Parties without reference to information disclosed by the other Party. S. Conflict of Interest. The Parties shall ensure compliance with all applicable conflict of interest laws including, without limitation, the Fair Political Practices Act and Government Code section 1090, et seq. In addition, each Party agrees that it will not 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 that Party. For the purposes of this section, the term "immediate family" means spouse, child, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 9. Drug Free Workplace. The Parties confirm that both comply with Government Code Sections 8350 et seg., the Drug -Free Workplace Act of 1990 and shall take diligent actions to ensure that there is no unlawful manufacture, distribution, dispensing, possession or use of a controlled substance on the Project. 10. Anti - Discrimination: It is the policy of the Parties that there be no discrimination against any employee engaged in the work, including work under contract, on the basis of sex, race, creed, color, ancestry, national origin, religion, sexual orientation, disability, medical condition or marital status, and therefore each Party agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the District agrees to require like compliance by all its contractor(s) and subcontractor(s) on the Project. 11. Attorneys' Fees. During any dispute(s) between the Parties related to this Agreement, if any, each Party shall pay their own attorneys fees and related expenses incurred and shall not have a right to recover any of those fees from the other Party. 12. Force Maieure. Neither Party shall be held responsible or liable for an inability to fulfill any obligation under this Agreement by reason of an act of God, natural disaster, rationing or restrictions on the use of utilities or public transportation whether due to energy shortages or other causes, war, civil disturbance, riot, or terrorism ( "Force Majeure "). Any Party relying on a Force Majeure shall give the other Party reasonable notice thereof, and the Parties shall use their best efforts to minimize potential adverse effects from such Force Majeure, including, without limitation, subcontracting the obligations of the Party claiming such Force Majeure to a third party and extending the time periods for performance. 13. Assignment. Neither Party may, without the other Party's prior written consent, assign its rights or delegate its duties pursuant to this Agreement. This provision does not apply to the District's contracting with contractor(s), consultant(s), or others to perform services or provide other items related to the planning, approval, design, or construction of Project, including the Facilities. The District's contracting with others shall not alter the District obligations pursuant to this Agreement. 14. Successors and Assigns. This Agreement shall bind the successors and assigns of the Parties hereto. 15. Further Assurances. Each Party to this Agreement shall at its own expense perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. Construction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 3 25E -13 16. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. 17. Notices. Any notices that either Party desires to or is required to give to the other Party or to any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy -two hours from the date of mailing, if mailed as provided in this paragraph. Santa Ana Unified School District City of Santa Ana 1601 East Chestnut Avenue 20 Civic Center Plaza, M -75 Santa Ana, California 92701 P.O. Box 1988 Attn: Assistant Superintendent, Santa Ana, CA 92702 Facilities & Governmental Relations Attn: Executive Director - PRCS 18. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Agreement. 19. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either Party. 20. Severability. Should all or any portion of any provision of this Agreement be held unenforceable or invalid for any reason, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then the remaining portions or provisions shall be unaffected. 21. Governing Law. This Agreement shall be governed by the laws of the State of California and venue shall be in the appropriate Superior Court in Orange County, California. 22. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby incorporated herein and made a part of this Agreement by this reference. 23. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 24. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 25. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under this Agreement. 26. Parties to Bear Their Own Costs. Except as specifically set forth in this Agreement, the Parties shall each bear their own costs, including, without limitation, attorneys' and consultants' fees, incurred in connection with any negotiations, strategic planning, analysis and due diligence relating to this Agreement. 27. Effective Date. This Agreement must be executed by both Parties and approved or ratified by the City's City Council and the District's Board of Trustees. This Agreement shall be effective upon the latter date of approval of either the City Council or the Board of Trustees. 28. Terms Required Based on Proposition 84 Funding The following terms are made a part of this Agreement, as required by the Parties participation in and use of funds from the Propositions 84 grant program. A. Project Administration. 1. District shall comply with all applicable current laws and regulations affecting acquisition and development projects, including but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, Construction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 4 25E -14 including by not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and the California Unruh Act (California Civil Code §51 et.seq.) The California Department of Parks and Recreation (hereinafter "DPR ") and/or City shall have the right to inspect all property or facilities developed or constructed with Prop 84 grant funding. District shall make said property available for inspection upon 24 -hour notice from DPR or City. District agrees that final payment may not be made until the work required to complete the Facilities, as described in City's Grant Application, is complete. B. Project Termination. Because the benefit to be derived by the City from the full compliance by the District with the terms of this contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities, opportunities and /or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished through Proposition 84 grant monies under the provisions of this contract, the District agrees that payment by the District to the State and /or City of an amount equal to the amount of the Grant Monies disbursed under this Agreement by the City would be inadequate compensation for any breach by the District of this Agreement. The District further agrees therefore, that in addition to compensatory damages, the appropriate remedy in the event of a breach of this Agreement by the District shall be the specific performance of this contract, unless otherwise agreed to by the City. C. Budget Contingency Clause. For purposes of this Project, if funding for the Facilities is reduced or deleted by the State of California, the City shall have the option to either cancel this contract with no liability occurring to the City, or offer a contract amendment to District to reflect a reduced grant amount provided by the DPR. This reduction shall not require mutual agreement of the parties. D. Financial Records. 1. The District shall maintain satisfactory financial accounts, documents and records for the project and make them available to the DPR and/or City for auditing at reasonable times. The District also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever is later. 2. The District shall keep such records as the DPR and/or City shall prescribe, including records which fully disclose (a) the disposition of the proceeds of Prop 84 funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The District agrees that the DPR and /or Ctiy shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The District shall maintain and make available for inspection by the DPR and /or City accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the District for five (5) years following final payment. 4. The District shall use a generally accepted accounting system that clearly records costs incurred on the Facilities and accurately reflects fiscal transactions with necessary controls and safeguards. District shall submit written project status reports within 30 calendar days after the DPR, or City has made such a request. District shall provide the City a report showing total final Project expenditures within sixty (60) days of Project completion. E. Audit. To the extent the District uses California Proposition 84 funds for the Project, the District is subject to audit by the DPR and/or City. Upon request of DPR or City, District shall provide all Project records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records requested by DPR. Additionally, District shall provide an employee having knowledge of the Project and its records to assist DPR's auditor. Construction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 5 25E -15 F. Prevailing Wage. District shall require that its contractor(s) for construction of the Facilities pay prevailing wage. Additionally, the District shall implement a Labor Compliance Program as described in California Labor Code § 1771.5. G. Insurance /Bonding. 1. With respect to performance of work under this Agreement, District shall require that Contractor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: a. Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. b. Commercial general liability insurance, which 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 the contract, 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, $2,000,000 in the aggregate. Such insurance shall (a) name the District and the City, their officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the District and /or the City; and (c) contain standard separation of insureds provisions. Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 2. District shall require Contractor to post performance and payment bonds to cover the entire construction period. H. Access to Records. City and the DPR and /or their representatives shall have access for purposes of monitoring, auditing, and examining District's activities and performance, to books, documents and papers, and the right to examine records of District's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the DPR 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 is conducted or in which any of the records of District are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Use of Facilities. 1. District acknowledges that the City has applied for and received grant funds through California Proposition 84, and that the Facilities which will be developed with such Prop 84 funds shall have operating hours consistent with the times proposed in the City Grant Application, and be open to members of the public, unless otherwise granted permission by the DPR. 2. The District agrees that any Facilities developed with Prop 84 funds shall be used only for the purposes of the grant and consistent with the Grant Scope referenced in the City's Grant Application unless prior written approval is given by the State. 3. The District agrees to use the Facilities developed under this Agreement only for the purposes of the grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific Uonstruction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 6 25E -16 act of the legislature in which event the property shall be replaced by the District with property of equivalent value and usefulness as determined by DPR. 4. The Facilities may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this Agreement and with written approval of the DPR. 5. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the State of California, acting through the DPR, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make DPR a guarantor or a surety for any debt or mitigation, nor does it waive DPR's rights to enforce performance under the Grant Contract. ACCEPTED AND AGREED on the date indicated below: Dated: By: Print Name: Print Title: Attest: By: City of Santa Ana Paul M. Walters Interim City Manager Print Name: Maria D. Huizar Print Title: Clerk of the Council 20 Approved as to Form Dated: .20 an Print Name: Joseph Straka, Interim City Attorney Print Title: By Laura Sheedy, Assistant City Attorney Santa Ana Unified School District Dated: — 20 By: Print Name: Joe Dixon Print Title: Assistant Superintendent, Facilities & Governmental Relations Dated: .20 By: Print Name: Michael P. Bishop, Sr. Print Title: Associate Superintendent, Business Services Approved as to Form Dated: By: Print Name Print Title: 20 Philip J. Henderson Attorney, Orbach Huff & Suarez Construction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 7 25E -17 0 76 a, Y N M Exhibit A Description of the Sports Facilities E' t O t ' 3 E 3 8 a �, E u F= H Z Cr C_ F-- �.i c~ D: c C. J a a a 5 v I; ®sSA ■ i. M, Construction Reimbursement Agreement — City of Santa Ana /SAUSD — Willard Facilities Page 8 25E -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: ONE -STOP OPERATOR FOR PROGRAM YEAR 2011 -2012 CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Operator Memorandum of Understanding comprehensive One -Stop Operator for Program 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 Council to execute an extension of the One -Stop with the Santa Ana W /O /R /K Center as the Year 2011 -2012. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of September 9, 2011, by a vote of 17:0 (Carter, Didion, Elliott, Gonzalez, Jimenez -Hami, Knitter, Korthuis, Lin, Lewis, Nazeri, Ruiz absent), the Workforce Investment Board recommended that the City Council approve the Santa Ana W /O /R /K Center as the comprehensive One -Stop Operator for Program Year 2011 -2012. DISCUSSION The Santa Ana W /O /R /K Center was awarded a contract in June 2001 as a comprehensive One - Stop operator. A Memorandum of Understanding between the Santa Ana W /O /R /K Center and the Workforce Investment Board (WIB) was approved by the WIB in January 2002. The WIB is responsible for evaluating the performance of the Santa Ana W /O /R /K Center on an annual basis and has recommended extending its agreement each year. The federal government has not reauthorized the Workforce Investment Act which expired in 2003. Therefore, the authority to operate the center has been derived from a continuing resolution approved by Congress each year. Due to lack of legislation reauthorizing the WIA, the State of California has also continued to give the local workforce investment areas approval to continue to operate each year since 2003. The WIB has chosen to follow the lead of both the state and federal governments and has recommended that the Santa Ana W /O /R /K Center continue to operate as a comprehensive One -Stop until such time as the WIA is reauthorized or replaced. 25F -1 One -Stop Operator PY 11 -12 October 3, 2011 Page 2 The performance results for the Santa Ana W /O /R /K Center are reported to the Board on an annual basis with quarterly updates provided as the data becomes available throughout the year. The latest data reported by the State is for Program Year 2009/2010 which shows that Santa Ana met or exceeded all of its performance goals as shown by the following: Adults Entered Employment Rate Retention Rate Average Earnings Dislocated Workers Entered Employment Rate Retention Rate Average Earnings Proposed Goal Actual Success Rate 61.1% 48.9% 80.0% 75.5% 76.2% 100.9% $11,800 $10,421 88.3% Proposed Goal Actual Success Rate 58.9% 47.1% 80.0% 83.0% 81.3% 98.0% $14,000 $14,315 102.3% The W /O /R /K Center has submitted a participant plan and budget for PY 2011 -12 for review. Staff is recommending that the Santa Ana W /O /R /K Center continue to operate as the comprehensive One -Stop for Santa Ana for the PY 2011 -12. FISCAL IMPACT There is no fiscal impact associated with this action. I I & 2 a--C G�o Nancy T. Ed rds Interim Exec ve Director Community Development Agency NTE /LO /DS /kg Exhibits: 1 MOU 2. Participant Plan for PY 2011 -12 3. Budget PY 2011 -12 25F -2 EXTENSION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY (W /O/R/K CENTER) AND THE SANTA ANA WORKFORCE INVESTMENT BOARD I. PARTIES: This Extension of Memorandum of Understanding ( "MOU ") is hereby entered into on , 2011, by and between the City of Santa Ana, Community Development Agency, and its W /O /R/K Center ( "W /O /R/K Center ") a One -Stop Operation, and the Santa Ana Workforce Investment Board ( "SAWIB "). Each of the One -Stop Partners has signed an MOU with the W /O /R/K Center describing its specific responsibilities at the W /O/R/K Center. II. DURATION OF AGREEMENT: The initial term of this Agreement began on July 1, 2001 and may be extended through the mutual exercise of an option by the parties on an annual basis, unless terminated by either party with thirty days written notice to the other party. A copy of the minutes from the SAWIB meeting regarding the extension of this MOU shall be attached to this Agreement along with a copy of the W /O /R/K Center's approved annual budget and participant plans. The term of this Agreement shall cover Program Year 2011 -2012. III. PURPOSE: The purpose of this Extension to the Agreement is for the Santa Ana W /O /R/K Center to continue to provide a comprehensive One -Stop Center in response to the "Request for Proposals /Business Plans for One -Stop Service Center in Santa Ana" ( "RFP ") released on March 19, 2001. IV. RESPONSIBILITIES OF W /O/R/K CENTER: The W /O /R/K Center, through the combined efforts of the W /O /R/K Center partners which include the Employment Development Department, Orange County Social Services Agency, Rancho Santiago Community College District, Santa Ana Unified School District, Goodwill Industries, Santa Ana College, State Department of Rehabilitation, City of Santa Ana Economic Development Department, ROP programs and several other agencies, shall provide the community with a variety of informational employment and training services based on individual needs. The responsibilities and duties of the W /O /R/K Center are set forth in detail in the "Proposal /Business Plan" response submitted by the W /O /R/K Center, dated April 27, 2001. The W /O /R/K Center will submit a new Participant Plan and Budget for Program Year 2011- 12 for the formula funds. V. AUDIT: The W /O /R/K Center agrees that if it receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, it shall ensure that the City of Santa Ana includes the WORK Center in its annual audit which shall be 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. EXHIBIT 1 1 25F -3 VI. PROHIBITION FROM DISCRIMINATION: The W /O /R/K Center, and all One - Stop Partners are prohibited from discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. VII. FUNDING: The SAWIB anticipates allocating Workforce Investment Act funds to the WORK Center for the operation of the One -Stop Service Center each funding cycle. The W /O /R/K Center's Business Plan /Proposal shall remain in effect until such time as the SAWIB selects a different one -stop operator. VIII. MONITORING /OVERSIGHT: The SAWIB and its staff reserve the right to review and monitor all services funded under this MOU and the RFP. This includes all records, documents, polices and procedures or other data or documentation requested by the SAWIB, the State of California's Compliance Monitoring Section/Compliance Review Division and the Department of Labor. The W /O /R/K Center Director shall be responsible for internal monitoring of its programs, services, cash management, procurement, and property inventory as well as the monitoring of any services, programs or projects that are contracted to program operators and /or consultants. All WIA funding received by the City of Santa Ana will be included in the annual audit completed by an outside auditing firm for the City. IX. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for the W /O /R/K Center for adults and dislocated workers based on the common measures established for the Local Workforce Investment Area (LWIA). Said performance goals shall be renegotiated between the parties hereto once the SAWIB has negotiated with the State for each year. X. GOAL TRACKING: All partners in the One -Stop Delivery system have agreed to work toward the development of common performance goals and measures that will be in alignment with the stated goals of the workforce investment system. The W /O /R/K Center will work very closely with the local business community to assure placement goals will be met. The W /O /R/K Center will collect feedback from employers, analyze the information, and implement strategies for improvement. Further, in partnership with the Santa Ana Economic Development Division,. XI. DISPUTE RESOLUTION: The parties hereto shall first attempt to resolve all disputes informally at the lowest level starting with the site supervisor and staff. If dispute resolution is not accomplished, any party may call a meeting of the parties to formally discuss and resolve all disputes. Should the parties fail to resolve the dispute, the dispute shall be referred to the Chair of the SAWIB, who shall place the dispute upon the agenda of a regular or special meeting of the WIB'S Executive Committee. The Executive Committee shall mediate the dispute and shall have final authority to resolve the issue. XII. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in full force and effect. EXHIBIT 1 2 25F -4 XIII. MODIFICATION /TERMINATION: This MOU, along with all exhibits thereto, constitutes the entire agreement between the parties. This MOU may be modified, altered, revised, extended or renewed by mutual written consent of the parties, by the issuance of a written amendment, signed and dated by all parties. Updates to the budget and goals shall be made annually by the W /O /R/K Center, with approval of the SAWIB. Participation in this MOU may be terminated by giving no less than thirty (30) calendar days' prior written notice of intent to terminate to the other party. XIV. ASSIGNABILITY: None of the duties of, or work to be performed by, any of the parties hereto shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of each party hereto. All subcontracts and other agreements that relate to this MOU must be submitted and reviewed by each party hereto. XV. RECORDS RETENTION: All accounting records and evidence pertaining to all costs related to this MOU and all documents related to this MOU shall be kept available for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this MOU, or (b) costs and expenses of this MOU to which the W /O /R/K Center, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. The W /O /R/K Center shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. XVI. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The One -Stop Partners and /or the SAWIB will disclose to the City any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy -four (74) days of invention, development or assembly. The City, State of California, and U.S. Department of Labor (DOL) will have the right to patent any invention and copyright any written product or computer program or data generated by any of the One -Stop Partners, subcontractors, and /or the SAWIB. Upon written request, all pertinent information, specifications and right, title and interest shall be transferred to the designated agency. Each One -Stop Partner shall be notified of the City's requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under any contract with the W /O /R/K Center. XVII. INVENTIONS, PATENTS AND COPYRIGHTS A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the One -Stop Partner /SAWIB shall report the fact promptly and fully to the CITY. The One -Stop Partner /SAWIB shall report the fact to the Grant Officer at the DOL. Unless there is a prior agreement between the CITY and the IDOL and its EXHIBIT 1 3 25F -5 representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the City and the author that developed the work is free to copyright material or to permit others to do so. The One -Stop Partner and the SAWIB shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, s ab- grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support; and (c) Each One -Stop Partner and the SAWIB shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the City shall have unlimited rights to any data first procured or delivered under this Agreement. XVIII. CLEAN AIR/CLEAN WATER: If the grant hereunder exceeds $100,000, Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended, must be adhered to. Under these laws and regulations, assurances will be made to the following effect: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) Notification will be made prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) Notification will be made to the CITY and the EPA about any known violation of the above laws and regulations. All parties are in agreement with this Extension of the Memorandum of Understanding and will implement it as herein stated. EXHIBIT 1 4 25F -6 ATTEST: By: Maria D. Huizar Clerk of the Council Lee McMurtray, Chair Santa Ana Workforce Investment Board CITY OF SANTA ANA Paul Walters Interim City Manager Date APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney EXHIBIT 1 5 25F -7 Lisa E. Storck Assistant City Attorney 25F -8 MINUTES OF THE REGULAR MEETING OF THE SANTA ANA WORKFORCE INVESTMENT BOARD SEPTEMBER 9, 2011 CALLED TO ORDER SANTA ANA WORK CENTER 1000 E. SANTA ANA BLVD., SUITE 220 SANTA ANA CA 92701 I ROLL CALL BOARD MEMBERS Present: LEE McMURTRAY (Chair); BRENT BEASLEY (departed 8:41 am), ROB CLAUDIO, MARYANN CONWAY, CARLOS DE LA RIVA, LEE DE LEON (departed 8:48am), WILLIA EDMONDS, EDUARDO FIGUEROA, BOB FISCHER (arrived 8:13am), TEFERE GEBRE (departed 8:41am), GREGORY LEWIS (arrived 8:16am), DONNA LIN (arrived 8:21 am), GEORGINA MALDONADO, ERLINDA MARTINEZ, STEVE PIWNICA, BUDDY RAY, STACEY SANCHEZ, DANIEL SOLKAMANS, DANIEL SU, BOB TUCKER, ANDY WADHERA Absent: PATRICIA CARTER (E), JOHN DIDION (E), DAVID ELLIOTT (E), NIKO EVERETT (E), BEATRIZ GONZALEZ, (E), ANA JIMENEZ -HAMI (E), MARJORIE KNITTER (E), PATRICK KORTHUIS (E), MARYAM NAZERI (E), ROBERT RUIZ (E) Staff present: Linda Oberman, Deborah Sanchez and Karen Gerardo CONSENT CALENDAR MOTION: Approve the following Consent Calendar Items 1 -5: WIB MINUTES 1 - 1 September 9, 2011 25F -9 MOTION: Sanchez SECOND: Claudio VOTE: AYES: McMurtray (Chair), Beasley, Conway, Claudio, de la Riva, de Leon, Edmonds, Figueroa, Fischer, Gebre, Maldonado, Martinez, Piwnica, Ray, Sanchez, Solkamans, Su, Tucker, Wadhera (19) NOES: None (0) ABSTAIN: None (0) ABSENT: Carter, Didion, Elliott, Everett, Gonzalez, Jimenez -Hami, Knitter, Korthuis, Lin, Lewis, Nazeri, Ruiz (12) Items removed from consent calendar for separate action or modification will be highlighted, if any. Separate actions show the actual vote, when applicable. Items without votes are adopted as part of the consent motion. 101_1 1 2 3 ADMINISTRATIVE MATTERS EXCUSED ABSENCES FOR THIS MEETING TO BE RECORDED FOR RECORD - KEEPING PURPOSES MINUTES OF THE REGULAR MEETING OF JUNE 3, 2011. MOTION: Accept Minutes. MISCELLANEOUS ADMINISTRATION ELIGIBLE TRAINING PROVIDER LIST DENIAL, DE -LIST AND APPEAL POLICY MOTION: Adopt a policy for the Eligible Training Provider List, Denial, De -List and Appeals process. AMEND INDIVIDUAL TRAINING ACCOUNT PAYMENT POLICY WIB MINUTES 1 - 2 September 9, 2011 25F -10 4 61 n MOTION: Amend the Individual Training Account Payment Policy to allow for full payment of tuition to public higher education institutions at the time of enrollment. APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD MOTION: Recommend that the City Council appoint Gilbert Davila, Director of Organizing for the United Food and Commercial Workers, as a labor representative on the Santa Ana Workforce Investment Board. EMPLOYMENT DEVELOPMENT DEPARTMENT — LABOR REPCRT INFORMATION MOTION: Receive and file. * ** END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ONE -STOP OPERATOR FOR PROGRAM YEAR 2011 -2012 MOTION: Recommend that City Council approve the Santa Ana W /O /R/K Center as the comprehensive One -Stop Operator for Program Year 2011 -2012. MOTION: Martinez SECOND: Sanchez VOTE: AYES: McMurtray (Chair), Beasley, Conway, Claudio, de Leon, Edmonds, Figueroa, Fischer, Maldonado, Martinez, Piwnica, Ray, Sanchez, Solkamans, Su, Tucker, Wadhera (17) NOES: None (0) ABSTAIN: de la Riva, Gebre (2) ABSENT: Carter, Didion, Elliott, Everett, Gonzalez, Jimenez - Hami, Knitter, Korthuis, Lin, Lewis, Nazeri, Ruiz (12) WIB MINUTES 1-3 September 9, 2011 25F -11 7. WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL YEAR 2011 -2012 MOTION: Recommend that the City Council approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2011 -2012 and authorize its submittal to the State of California Workforce Investment Board. MOTION: Piwnica SECOND: Claudio VOTE: AYES: McMurtray (Chair), Beasley, Conway, Claudio, de Leon, Edmonds, Figueroa, Fischer, Gebre, Maldonado, Martinez, Piwnica, Ray, Sanchez, Solkamans, Su, Tucker, Wadhera (18) NOES: ABSTAIN: ABSENT: Item taken out of order: None (0) de la Riva (1) Carter, Didion, Elliott, Everett, Gonzalez, Jimenez - Hami, Knitter, Korthuis, Lewis, Lin, Nazeri, Ruiz (12) * ** END OF BUSINESS CALENDAR ** PRESENTATION Sandy Barba, WORK Center staff member, presented Youth Program Performance for PY 2010 -11 to the WIB, followed by a question and answer session. COMMENTS 8. PUBLIC COMMENTS - None 9. STAFF MEMBER COMMENTS Carlos de la Riva informed the board regarding the following: first quarter shows over 70 workers will be hired from recruitments; Hands for Africa will be hiring 15 full -time and 15 part-time employees to promote public awareness and for fund - raising; a television manufacturing company new to Santa Ana will be hiring approximately 20 employees within the next two to three weeks and anticipate a total of 150 company employees; there will be a job fair on September 14 at the Santa Ana Holiday Inn which will include employers such as Verizon. WIB MINUTES 1-4 September 9, 2011 25F -12 Linda Oberman spoke regarding the WIB's Return on Investment study which was presented at California Workforce Association's Meeting of the Minds conference and also before Department of Labor and National Workforce Association members. The study was selected as an exemplary model for other statewide WIBs and is being considered as the model to use by all as reauthorization of the WIA to be considered by Congress in the upcoming year. 10. BOARD MEMBER COMMENTS — Lee McMurtray acknowledged and welcomed new WIB member, Willia Edmonds. Also, mentioned if any board members are outreaching to local businesses in a manner that represents the board, to have Ms. Oberman review the materials as it may be possible to use the formal WIB letterhead. Erlinda Martinez mentioned two events supported by Santa Ana College: September 15 will be the Soldiers to Scholars Reception benefiting Veteran's Programs and September 16 -18 will be the Veteran's First Stand Down providing outreach services to local homeless veterans. ADJOURNMENT — 9:01 a.m. Karen Gerardo, Recording Secretary WIB MINUTES 1 - 5 September 9, 2011 25F -13 25F -14 Santa Ana WORK Center ADULT PARTICIPANT PLAN PY 2011 -12 PROGRAM SERVICE PLAN Sept 2011 Dec 2011 Mar 2012 hne 2012 1. TOTAL PARTICIPANTS (Lines 2+3) 1448 1475 1538 1565 2. Participants Carried -In 1385 1385 1385 1385 3. New Participants 63 90 153 180 ACTIVITY PLAN Se t 2011 Dec 2011 Mar 2012 June 2012 4. Core Self - Service 1470 2100 3570 4200 5. Core Services (Registered) 63 90 153 180 6. Intensive Services 52 74 128 150 7. Training Services 25 35 60 70 EXIT STATUS Se t 2011 Dec 2011 Mar 2012 June 2012 8. Total Exiters (9 +12) 210 300 390 600 9. Entered Employment 105 150 195 300 10. Training Related 9 13 21 25 11. Entered Postsecondary /Advanced /Credential Program N/A N/A N/A N/A 12. Exited for Other Reasons 105 150 195 300 DISLOCATED WORKER PARTICIPANT PLAN PY 2011 -12 PROGRAM SERVICE PLAN Se t 2011 Dec 2011 Mar 2012 June 2012 2. TOTAL PARTICIPANTS (Lines 2 +3) 443 470 533 560 2. Participants Carried -In 380 380 380 380 3. New Participants 63 90 153 180 ACTIVITY PLAN 4. Core Self- Service 630 900 1440 1800 5. Core Services (Registered) 63 90 153 180 6. Intensive Services 52 74 128 150 7. Training Services 25 35 60 70 EXIT STATUS 8. Total Exiters (9 +12) 70 100 170 200 9. Entered Employment 35 50 85 100 10. Training Related 9 13 21 25 12. Entered Postsecondary /Advanced /Credential Program N/A N/A N/A N/A 12. Exited for Other Reasons 35 50 85 100 EXHIBIT 2 25F -15 25F -16 SANTA ANA WORK CENTER BUDGET PLAN SUMMARY PY 2011 -12 EXHIBIT 3 25F -17 Totals 2,976,727 544,210 631,535 728,208 1,072,774 184,075 3,160,802 Adult Dislocated workers Youth Rapid Response Allocation Cost Plan 1. Program Services Total (A +B +C +D +E) 1,281,267 1,152,550 317,745 225,165 A. Core Self- Services B. Core Registration Services 336,104 208,106 C. Intensive Services 216,706 138,429 276,400 D. Training Services 230,514 497,694 E. Other 497,943 308,321 41,345 225,165 2. Administration 11,088 40,974 132,013 TOTAL 1 +2 1,292,355 1,193,524 449,758 225,165 Expenditure Plan Cumulative 1. September 2011 452,324 417,733 112,440 56,291 2. December 2011 646,178 596,762 244,879 112,583 3. March 2012 1,098,502 1,014,495 337,319 168,874 4. June 2012 1,292,355 1,193,524 449,758 225,165 EXHIBIT 3 25F -17 Totals 2,976,727 544,210 631,535 728,208 1,072,774 184,075 3,160,802 25F -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: REAPPROVAL OF CITY COUNCIL APPOINTMENTS TO OUTSIDE BOARDS �r 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 Reapproval of appointments to serve on outside boards by the City Council for which compensation or a stipend is provided. DISCUSSION On or about September 23, 2011, the City became aware of a new requirement for the method of appointments of City Council members to outside boards that receive a stipend and /or salary. Since at least 1973, the City Council has unanimously approved the appointment of council members to serve on various boards as a Consent Calendar Item. This practice is common amongst many local jurisdictions and has been done without challenge. Nonetheless, in an effort to comply with a new interpretation of the conflict of interest laws by the Fair Political Practices Commission, the City Council is hereby requested to re- approve appointments to outside boards. Attached is a list of current members that represent the City on outside boards for which compensation is provided. Staff recommends that the individual council member being considered for an appointment as either a representative or alternate abstain from such item and that all future appointments be placed on the Regular Business Calendar of the City Council Meeting Agenda to vote on the matter separately and not by unanimous consent. FISCAL IMPACT There is no fiscal impact associated with this action. /')Maria D. Huizar, Clerk of the Council Attachment: List of Current Representatives 1 *111_d_ CITY OF SANTA ANA COUNCIL MEMBERS ON OUTSIDE BOARDS Newport Bay Watershed Executive Committee OC Sanitation District OC Sanitation District Claudia Alvarez Representative 4 /1y /LU1U David Benavides Alternate 1/16/2007 Sal Tinajero Representative 1/16/2007 OC Water District Claudia Alvarez Representative 1/04/2011 IVU Yes Yes Yes Southern California Michele Martinez Representative 3/25/2010 Yes Association of Governments (SCAG) Transportation Vincent Representative 1/18/2011 Yes Corridor Sarmiento Agencies (TCA) Transportation Carlos Alternate 1/18/2011 Yes Corridor Bustamante Agencies (TCA) �%LV REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 514 - 516 NORTH BRISTOL STREET (APN 405- 065-19) (PROJECT 081700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1�' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 514 -516 North Bristol Street (APN 405 - 065 -19) and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. In order to accommodate these improvements, property acquisition of the entire parcel at 514 North Bristol (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past nine months. A good faith offer was made to the property owner on August 8, 2011, in the amount of $280,000. The Public Works Agency has and will continue to make every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89 -01 approved by City Council in 1990. 75A -1 Public Hearing - Resolution Authorizing Condemnation of Real Property at 514 -516 North Bristol Street (APN 405 - 065 -19) October 3, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). fego� r - Raul Godinez II Executive Director Public Works Agency RG /J G Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -2 I - -I i i i i i i i i i i LEGEND SUBJECT PROPORTIES EXHIBIT I ---------------- - - - - -- _ i� �i ii -- - -- - -- - -- - -- - -- - -- - -- - -- - - - - - - Ir J I I i -- - -- - -- - -- - -- - -- - -- - - - - - - - - - � i i i i i i i i SANTA ANA CITY COUNCIL TITLE- PUBLIC HEARING - RESOLUTION `^ AGENDA DATE AUTHORIZING CONDEMNATION OF REAL PROPERTIES PUBLIC WORKS AGENCY OCTOBER 03. 20111 AT 514 N. BRISTOL STREET 75A-4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 514 -516 N. BRISTOL STREET (APN 405 -065- 19) 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 on October 3, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 75A -5 Resolution No. 2011 - Page 2 of 5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 514 -516 N. BRISTOL STREET (APN 405 - 065 -19) in the City of Santa Ana, California ( "the "Property "). The City finds and determines that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury. The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution 75A -6 Resolution No. 2011 - Page 3 of 5 and California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about August 8, 2011. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2011. Miguel A. Pulido Mayor 75A -7 Resolution No. 2011 - Page 4 of 5 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Jose Sandoval 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 Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011 - Page 5 of 5 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: LOT 13 OF TRACT NO. 1152, AS PER MAP RECORDED IN BOOK 38, PAGE 9 OF MISCEIIANEOUS RAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 405- 065 -19 75A -9 75A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 704 NORTH BRISTOL STREET (APN 405 - 074 -19) (PROJECT 081700) (�OA A CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO I9IIl:1ZI11I8IQA1.1 Adopt a resolution authorizing the condemnation of the entire real property located at 704 North Bristol Street (APN 405 - 074 -19) and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. In order to accommodate these improvements, property acquisition of the entire parcel at 704 North Bristol (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 12 months. A good faith offer was made to the property owner on August 18, 2011, in the amount of $785,000. The Public Works Agency has and will continue to make every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89 -01 approved by City Council in 1990. 75B -1 Public Hearing - Resolution Authorizing Condemnation of Real Property at 704 North Bristol Street (APN 405 - 074 -19) October 3, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). c— Raul Godinez II Executive Director Public Works Agency RG /JG Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez � ' � Executive Director Finance & Management Services Agency 75B -2 75B -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 704 N. BRISTOL STREET (APN 405 - 074 -19) 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 on October 3, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Resolution No. 2011- xxx Page 1 of 5 75B -5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 704 N. BRISTOL STREET (APN 405 - 074 -19) in the City of Santa Ana, California ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets Resolution No. 2011- xxx Page 2 of 5 and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about August 9, 2011. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of )2011. Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 5 75B -7 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney 2 Jose Sandoval 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 Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 5 Clerk of the Council City of Santa Ana •7 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: PARCEL l: LOTS 22 AND 23 OF TRACT NO. 662, AS PER MAP RECORDED IN BOOK 24, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE EASTERLY 10 FEET OF SAID LOT 23 AS CONVEYED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION BY DEED RECORDED JANUARY 16, 1956 IN BOOK 3356, PAGE 198 OF OFFICIAL RECORDS. APN: 405- 074 -19 .� Resolution No. 2011- xxx Page 5 of 5 75B -10 ROH (10/03/11) RESOLUTION NO. 2011 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On December 15, 2008, in compliance with Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law "), the City Council established the Downtown Santa Ana Community Management District (the "CMD ") by adopting Resolution No. 2008 -078. B. Section 13 -214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, Mayor Pro Tern Claudia Alvarez requested that staff begin proceedings to disestablish the CMD. On August 24, 2011, the City Council decided to continue this item for future consideration. On September 19, 2011, the City Council decided to continue this item to October 3, 2011. Section 2. Pursuant to Sections 13 -214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment o-.- the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty - six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. Resolution No. 2011 -XXX 85A-1 Page 1 of 3 Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on , 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13 -214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13 -214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and /or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 3rd day of October, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011 -XXX Page 2 of 3 85A_2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011 -XXX 85A -3 Page 3 of 3 �� i i