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4 2
Dennis Varnum, Employment Development Department, Gail Araujo, Social Services Agency, and Ignacio Alegre, Department of Rehabilitation (Exhibit 1). The nominees have been active and committed to the purpose of the WDB and have expressed a desire to continue participation on the board.
Two representatives from local area businesses are recommended for appointment. Ms.
Veronica Hernandez is the Director of Human Resources for D.F. Stauffer Biscuit Co/Meiji America Inc. and is recommended to be appointed for a partial term expiring May 31, 2026 to replace Magdalena Fernandez, who resigned due to change of employment (Exhibit 2). The second is Ms. Rhonda Miller, Director of Business Engagement, from the Better Business Bureau serving the Pacific Southwest. Ms. Miller is recommended to be appointed for a partial term expiring May 31, 2026 to replace Stacey Sanchez, who resigned due to relocating out of the area (Exhibit 3).
FISCAL IMPACT
There is no fiscal impact associated with this item.
EXHIBIT(S)
1. Resumes – Alegre, Araujo, Nery, Perez, Rivera, Tucker, Varnum
2. Resume – Veronica Hernandez
3. Resume – Rhonda Miller
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
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Ignacio Alegre
Office: 2002 E. McFadden, Suitel00
Department of Rehabilitation
Santa Ana, CA 92705
714.662-6042
[email protected]. gov
ACADEMIC PREPARATION:
M.S. in Counseling, California State University, San Diego, CA, 2008 Emphasis: Vocational Rehabilitation & Psychological Testing Concentration: Learning Disabilities, Psychiatric & Physical Limitations M.A. in Sociology, California State University, Fullerton, 2005 Emphasis: Research Methods and Statistical Analysis
Concentrations: Juvenile Delinquency, Criminal Justice & Social Disabilities.
Thesis: Father Presence, Purpose in Life and Achievement, among Latinos Advisors: Dr. Rae Newton & Dr. Edythe Krampe
B.A. in Psychology, California State University, Fullerton, 2003 Concentrations: Social Psychology & Theoretical Schools of Thought A.A. in Liberal Arts, Cypress College, Cypress, CA, 2001 Emphasis: Psychology & Sociology
EXHIBIT 1
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RESEARCH SKILLS:
• Applied Research studies to improve the Quality of Life • Research Methods
• Utilized SPSS and SAS statistical programs extensively • Survey development and administration
• Extensive knowledge of research methods (Basic vs Applied) • Advanced lmowledge of Inferential and Descriptive Statistics • Need Assessments
• Grant Writing
• Work/Vocational Assessments
• Social Adjustments
HONORS:
Most Inspirational Graduate, 2005
Sigma Alpha Gamma Alpha, 2004
Graduate Honor Society, 2003
LANGUAGES:
• Fluent in English and Spanish
• Ability to speak, read and write in the above languages PROFESSSIONAL EXPERIENCE:
Rehabilitation Supervisor, 2010- Present
California Dept. of Rehabilitation, Santa Ana, CA
Under the general direction of the Rehabilitation Administrator II (District Administrator), the Rehabilitation Supervisor supervises the activities of a unit, consisting of tean1s of Senior Vocational Rehabilitation Counselors - Qualified Rehabilitation Professionals; Senior Vocational Rehabilitation Counselors (Service Coordinators), Employment Program Representatives (Vocational Rehabilitation Employment Coordinator), Office Technicians and Support Services Assistants performing duties related to the service delivery system.
Performs the more difficult program support functions such as Workforce Investment Board (WIB) activities, contract negotiations and contract compliance, planning, vocational program evaluation, & development monitoring of administrative & service budgets, & community relations. Using initiative, good judgment, & resourcefulness, the Rehabilitation Supervisor must analyze situations & resolve problems effectively.
EXHIBIT 1
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Psychology Professor, 2009-2012
Adjunct Faculty at Cerritos College, Norwalk, CA
Teach Elementary Statistics 210
-Applied Research Methods
-Statistical Significance
-Descriptive vs. Inferential Statistics
Psychology Instructor, 2005 -2010
Adjunct Faculty at Cypress College, Cypress, CA
Teach Introduction to Statistics & Probabilities 161
-Qualitative vs. Quantitative Research Designs
-Research Methods
Teach Introduction to Psychology 100
Teach Introduction to Sociology 101
Teach Development Psychology 139
Senior Vocational Rehabilitation Counselor, 2005- Present California State Department of Rehabilitation, Anaheim, CA Provide vocational rehabilitation therapy
Provide vocational & guidance counseling
Develop Individualized Plans for Employment
Criminal Justice Instructor, 2005-2007
Adjunct Faculty of Criminal Justice, Westwood College, Anaheim, CA Courses taught:
Introduction to Criminal Justice 100
Juvenile Justice 200
Introduction to Gangs 300
Criminology 400
Instructor, 2002- 2005
Orange County Bar Foundation, CA
Santa Ana and Fullerton Courthouse (part-time).
Instruct the Short Stop program. Short Stop is a juvenile delinquent first time offenders program.
Instruct the Stop Short of Addiction Juvenile program.
Research Assistant, 2003-2004
Faculty of Sociology, California State University, Fullerton, CA • Assisted Dr. Krampe on a Father Presence Special Sociological Project • Collected and analyzed data, using SPSS and SAS programs Family Support Counselor, 2002- 2003
Children's Bureau of Southern California, Santa Ana, CA Implement & Coordinate the Great Begim1ings Program
Father's Program Facilitator
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Provide resources and services to at risk families.
Provide in home counseling and parenting skills.
Youth Counselor, 1997- 2000
Good News Family Christian Center, Anaheim, CA
Preventing Juvenile Delinquency
Family Unity Advocate
PROFESSIONAL MEMBERSHIPS:
American Psychological Association
Society For The Study of Social Problems
Western Psychological Association
PAPERS PRESENTED AT CONFERENCES:
Parent Involvement and their Children's Success
Academic Success & Purpose of Life, Among Latinos
Expanding Vocational Rehabilitation (VR) Outreach Programs to Asian American
CURRENT RESEARCH INTERESTS:
Psychiatric Impairments, Statistical Analysis, Applied Behavioral Analysis, Multi-Cultural Relationships, Job Placement Theories, Social Learning Theories, Multi-Cultural Society Studies, Disability Movements, Medical Aspects, Labor Market Analysis, Academic Success & Successful Vocational Transitions
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REFERENCES:
Letters of recommendations available upon request. The following persons have written letters of recommendation on my behalf:
Nina DeMarkey, Dean
Social Science Division
Cypress College
Cypress, CA 90630
Dr. Rae Newton, Professor
School of Sociology
California State University, Fullerton, CA
Dr. Edythe Krampe, Professor
School of Sociology
California State University, Fullerton, CA
Dr. Lorraine Prinsky, Professor
School of Sociology
California State University, Fullerton, CA
Dr. Pom:jak, Professor
School of Sociology
California State University, Fullerton, CA
Dr. Yamile Fernandez
Psychologist
C.F.C.B.N., Santa Ana, CA
Jose Contreras
Social Worker
Orange County Social Services, Santa Ana, CA
Dr. Randy Martinez
School of Psychology
Cypress College, Cypress, CA
Todd Bell, M.S.
School of Criminal Justice
Westwood College, Anaheim, CA
Alejandro Tovares, M.S.
Program Supervisor
Children's Bureau of Southern California, Santa Ana, CA Carlos Sandoval, M.S. Psychology Professor at Cerritos College, Norwalk, CA EXHIBIT 1
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Gail Araujo
SOON. State College Blvd, Orange, CA 92868
Phone: (714) 541-7810 • E-mail: [email protected]
OBJECTIVE
Administrative management professional with over 14 years of proven management, leadership, and administrative skills. Seeks to foster innovation and lean management skills for the betterment of the organization and the public we serve, through compassion, integrity, and team work.
KNOWLEDGE, SKILLS, AND ABILITIES
✓ Effective management style which fosters teamwork and collaboration1 and ensures successful completion of projects through empowerment and follow-up.
✓ Experienced leader who's individual philosophy of sharing and teaching has allowed for good long lasting working relationships with people and continued success in all assignments.
✓ Change agent with substantial knowledge of change management pricinples, including change readiness, stakeholder engagement, business process reingenleerlng and gap analysis, and communication management. ✓ Extensive knowledge in Project Management standards, including, schedule management, resource management, communications management, and risk managemet and mitigation. ✓ Innovative communicator with excellent public speaking skills and extensive presentation experience. ✓ Ability to lead high performing teams in a fast-paced and ever-changing environment. ✓ Excellent writing skills that provide clear communication in a professional manner. ✓ Critical and analytical thinker with effective management, technical, and supervisory and problem-solving skills. ✓ Team player who can collaborate with others in a professional manner. ✓ Proficient in Power Point, Microsoft Excel, Microsoft Outlook, Microsoft Word, Adobe Software Suite, Visio, Microsoft Project, SharePoint, Skype for Business, Microsoft Teams, Publisher, and Prezi.
PROFESSIONAL EXPERIENCE
Social Services Agency Orange, CA
Execitive Manager (2021 - Present)
Division Director, Family Self-Sufficiency and Adult Services • Management of over 850 staff, from AM Ills to clerical, responsible for administering Refugee Cash Assistance program, Foster Care Eligibility, the CalWORKs program, In-Home Supportive Services (IHSS), and Adult Protective Services which enables disadvantaged individuals and families to become self-sufficient through employment, and protects aged and disabled adults from abuse and exploitation, with a total operating budget of approximately $347 million. • Direct the development and implementation of both agency and divisional goals, policies, and strategic plans, and manage the allocation of resources and service levels to meet client needs. • Monitor the organizational structure, staff assignments, service levels, and systems required to accomplish SSA's mission and objectives in an effective and efficient manner, and direct the identification and analysis of opportunities for service enhancements.
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Gail Araujo ( continued) Page 12
• Consult with and provide well prepared reports to the SSA Director, Chief Deputy Director, the County Executive Office, and the Board of Supervisors or their staff regarding the activities of the functional area assigned and coordinate with other County departments in addressing service needs.
• Represent SSA before, or provide information to, commissions1 boards, committees, and representatives from federal, State, and local agencies, professional organizations, constituent organizations, community, civic and industry leaders, or the media. • Direct the development and implementation of the division's strategic plan and operational budget, and monitor expenditures to ensure adherence to the approved budget.
• Provide employee mentorship and training to achieve Agency goals and outcomes. • Maintain positive working relationships with federal, state, and local agencies. • Determine financial impact, monitor project budgets and make recommendations regarding projects to be funded, and present fiscal strategies and justification to administration.
• Interpret applicable laws, ordinances and codes, and measure organizational effectiveness against key operational and financial targets and reset strategies accordingly.
• May act for and assume responsibilities of the Chief Deputy Director or Agency Director in their absence.
Social Services Agency Orange, CA
Administrative Manager Ill (2017 - 2021)
Deputy Division Director, Adult Services
• Management of over 250 staff, from AM Ifs to clerical, responsible for administering In Home Supportive Services and Adult Protective Serives programs.
• Provide oversight and direction including, staff management, direct client engagement matters, management of Warner lobby, and general program administration with a total operating expense budget of approximately $31 million. • Represent SSA Adult Serives in various State and community partnership meetings and committees, including CWDA Adult Services Committee Meeting1 Elder Abuse Forensic Center1 Financial Abuse Specialist Team1 and IHSS Advisory Committee. • Serve as the Agency liaison with Public Authority, by providing guidance on staffing, budget, operations, and participating in MOU negotiations with labor groups.
• Assist with escalated client compliants and client matters envolving media1 litigation, and the Board of Supervisors. • Reenginer business processes1 implement process improvements1 and restructure staffing and resources to enhance organizational effectiveness and operational efficiencies to better serve the community. • Establish priorities for subordinate staff and provide oversight to ensure goals are met, and set vision and mission for teams to ensure alignment with Agency Core Values.
Deputy Division Director, Contracts, Procurement, Humand Resources, and Training and Career Development • Management of over 100 staff, from AM lls to clerical, responsible for supporting contracts1 procurement1 recruitement, position control, human resources1 and training and professional development for all Social Service agency Divisions. • Provide oversight, including review and approval of over 500 contracts and MOUs that provide over $180 million in goods and services to all areas of the Agency, to ensure critical and mandated services can be provided to the public we serve. • Approve and authorize Agency purchases of up to $100,000. • Provide oversight and direction of the creation, maintenance, and monitoring of approximately 1600 Agency positions1 including temporary help and extra help.
• Provide oversight, direction1 and recommendations regarding recruitment activities for all Agency vacancies1 which result in over 300 new hires and promotions per year.
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Gail Araujo (continued) Page I 3
• Provide oversight1 direction, and recommendations regarding training and career development, which results in delivery of approximately 800 in person and eLearn trainings per year, and the training of approximately 350 new hires, as well as onging trainings for existing SSA staff.
• Serve as the Agency liaison between HRS and SSA1 responsible for making recommendations to Executive Management regarding high profile and critical employee relations issues and assisting with Union-related matters such as labor inquires1 MOU negotiations, and Meet and Confer obligations.
• Reenglner business processes1 implement process improvements 1 and restructure staffing and resources to enhance organizational effectiveness and operational efficiencies in contracts, procurement1 recruitment, and position control. • Estab!ish priorities for subordinate staff and provide oversight to ensure goals are met, and set vision and mission for teams to ensure alignment with Agency Core Values.
Other Deputy Division Director Duties as Member of the Leadership Development Team • Chair and serve on Agency-wide steering committees and leadership development teams that are geared toward achieving efficiencies, promoting development of staff, and making decisions regarding policies and procedures for the Agency. • Participate as Logistics Chief in the Department Operations Center. During the COVID pandemic, this included coordination and oversight of the purchasing of approximately $6 million dollars of Personal Protective Equipment and other emergency supplies; development, implementation, and ongoing management of agency wide protocol for positive notifications to staff; collaborating with Human Resources on issues regarding Emergency Paid Sick Leave and Emergency Family and Medical Leave Act, including messaging to staff; coordinating and facilitating disucssions with Labor Unions to keep them informed and address any concerns regarding staff safety; assisting with the development and implementation of telework equipment prioritization and distribution, which resulted in deploying over 50% of staff to telework; and coordination of volunteer staffing and other resource needs.
Department of Public Social Services
Administrative Services Manager II (2017 - 2017)
Los Angeles, CA
• Direct management of approximately 15 management and non-management staff assigned to Communications Section, including, but not limited to: supervising and directing staff; assigning, reviewing, and approving work products; mentoring and training staff; and conducting annual performance reviews. • Assisting and serving as back-up to the Administrative Services Manager Ill in charge of the Communications Section, including, but not limited to, attending executive level meetings and interfacing with and making recommendations to Executive Management and other stakeholders.
• Oversight of internal and external departmental communic ation, including, but not limited to, departmental social media sites, media inquires, Annual Reports, awareness campaigns, outreach campaigns and activities, monthly departmental newsletters, departmental news channel, electronic bulletin boards, etc. • Preparing reports and presentations for executive leadership to report project status and create awareness of project goals and objectives.
• Leading management meetings, including meetings with County Executive Management and other stakeholders.
Internal Services Department Los Angeles, CA
Administrative Services Manager II (2015 - 2017)
• Making recommendations to higher level managers pertaining to all aspects of County contracting. • Conducting surveys and preparing reports to respond to Board motions and inquiries related to County contracting. • Preparing presentations to train County staff on contract related processes and procedures, including, but not limited to, general contracting, RFSQ, Evaluations, and living Wage. • Developing solicitation documents, to include, Request for Proposals and Sample Agreements.
EXHIBIT 1
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Gail Araujo ( continued)
• Experience with Proposition A solicitations.
Department of Public Social Services
Administrative Services Manager II (2014 - 2015)
Page(4
Norwalk, CA
• Direct management of approximately 30 management and non-management staff assigned to the Organization Change Managemen, Section, including, but not limited to: supervising and directing staff; assigning1 reviewing, and approving work products; mentoring and training staff; and conducting annual performance reviews. • Assisting and serving as back-up to the Human Services Manager Ill in charge of the Organizational Change Management Section, including, but not limited to, attending executive level meetings and interfacing with and making recommendations to Executive Management, vendors, and other project stakeholders. • Preparing reports and presentations to executive leadership to report project status, train staff on project management processes and procedures, and create awareness of project goals and objectives, and collaborating on multi-media presentations designed to inform and educate staff on Organizational Change Management concepts and tools. • Developing tools to help track, monitor, and control essential project functions, including project schedule, risk management, communications management, and resource management, and co!laborating with Executive Management, vendors, and other project stakeholders to develop project management procedures and methodologies that standardize operational process. • Leading project management meetings, including meetings with vendors, County Executive Management, and other project stakeholders.
Department of Public Social Services Norwalk, CA
Administrative Services Manager 1/Adminstrative Services Manager II (2006 -2014) • Direct management of approximately 4 management and non-management staff assigned to the Leader Replacement System {LRS) Project, including, but not limited to: supervising and directing staff; assigning, reviewing, and approving work products; mentoring and training staff; and conducting annual performance reviews. • Assisting and serving as back-up to the Administrative Services Manager Ill in charge of the LRS Project, including, but not limited to, attending executive level meetings and interfacing with and making recommendations to Executive Management, the State's Office of Systems Integration, and other project stakeholders. • Leading the LRS solicitation, including, but not limited to: collaborating with County Counsel and Outside Counsel in preparing and finalizing LRS solicitation, including the Request for Proposal, Statement of Work, Statement of Requirements, and Sample Agreement; managing the LRS Proposal Evaluation, including development of the LRS Evaluation Manual, training of the Evaluation Committee members, and ensuring process integrity; representing DPSS during the RFP protest process, including preparing documentation and defending the LRS Procurement to the County Review Panel; participating in contract negotiations with selected Proposer.
• Leading the LRS Project design and development initiation, including but not limited to: preparing project related documents, such as funding requests and budget documents to the State's Office of Systems Integration, monthly project status reports to the California Technology Agency, LA County Board of Supervisors correspondence, executive facts sheets, project status memos and reports, and project management plans and reports; developing tools to help track, monitor, and control essential project functions, including contract management, fiscal management, change management, communications management, and resource management; leading project management meetings, including meetings with vendors, County Executive Management, County Counsel and outside counsel, the County's Chief Information Officer, the State's Office of Systems Integration, and other project stakeholders.
Department of Public Social Services El Monte,CA
Information Systems Analyst I/Information Systems Analyst II (2001 - 2006) EXHIBIT 1
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Gail Araujo (continued) Page IS
• Working with managers to evaluate policy and regulations for CalWORKS, Food Stamps, General Relief, and Medi-Cal, and to analyze and develop recommendat ions for enhancements to the LEADER system, such as CW Time Limits, Medi-Cal Redeterminations, Cal-Learn, and Triba TANF.
• Analyzing existing policies, processes, and procedures for CalWORKS, Food Stamps, General Relief, and Medi-Cal to define LEADER functionality, drafting functional requirements, conducting requirement verification meetings and documenting business processes, and designing, developing1 and executing test plans and scenarios to ensure comprehensive testing of new enhancements to the LEADER system.
• Participating in procurement planning activities to replace the existing LEADER System, including, but not limited to:
participating in reprocurement strategy meetings; drafting functional requirements to be included in the new system Request for Proposals; and assisting in the development of the Statement of Work to be included in the new system Request for Proposals.
Department of Public Social Services Rancho Dominguez, CA Eligibility Worker I/Eligibility Worker II (1998 - 2001)
EDUCATION
Master of Arts Sociology/ California State University, Fullerton (2010) Fullerton, CA Bachelor of Arts Sociology/ California State University, Fullerton (2003) Fullerton, CA EXHIBIT 1
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Annebelle Nery, Ph.D.
President, Santa Ana College
Annebelle Nery, Ph.D. was appointed President of Santa Ana College (SAC) in January 2022. Reporting to the Rancho Santiago Community College District Chancellor, her responsibilities include planning, organizing and implementing educational policy and procedures to develop curriculum and student support services; budget management; enhancing pai1nerships with business, governmental and community organizations, as well as with the K-12 and higher education institutions in the area; and leading the institution's fund development effo11s.
In her 25 years of experience in education, Dr. Nery has served in a number of administrative capacities most recently as Vice President oflnstruction and prior to that Vice President of Student Services at College of the Desert. In these roles she worked successfully with colleagues, faculty, staff, students, leadership and community members in multiple capacities in student services, instruction, instructional technology, and institutional effectiveness and planning.
Supported by Dr. Nery, the colleges at which she worked received state and national recognition in recent years that have increased student outcomes, positively impacted their respective local communities, and closed equity gaps. Under her leadership, many innovative and effective programs were founded, including the College of the Desert's highly acclaimed EDGE/pIEDGE Program, which is widely recognized as a best practice in making an impact on diversity. Dr. Nery was recently named the 2021 Administrator of the Year by the California Association of Postsecondary Education and Disability and the California Community Colleges named Dr. Nery Chief Student Services Officer of the Year in 2019.
Dr. Nery earned a doctor of philosophy in Sociology/Organization and Statistics from the University of California, Riverside, a bachelor of a1is degree and masters degree in Sociology from California State University, Los Angeles and an associate degree from Los Angeles Pierce College.
A first generation college student with Spanish as her first language, Dr. Nery is an equity advocate with significant work in social justice. Her guiding principle is to ensure student success is at the center of all decision-making.
January 2022
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Enrique Perez, J.D., Vice Chancellor
Educational Services
Enrique Perez, J.D. was appointed Vice Chancellor, Educational Services in July 2016.
Reporting directly to the Chancellor of the Rancho Santiago Community College District (RSCCD), his responsibilities include supporting the district's colleges on strategic enrollment management, public and government affairs, institutional effectiveness, planning and research, resource development and information technology. He represents RSCCD in working in governmental affairs at the local, state, and federal levels.
Mr. Perez has over 22 years of experience in higher education having joined RSCCD in July 2000.
Prior to his appointment as Vice Chancellor, he served in several districtwide leadership roles including Director of Business Programs, Executive Director of Business Development and Assistant Vice Chancellor of Educational Services.
Mr. Perez has worked in the community RSCCD serves for over 27 years and serves on various business and nonprofit boards which have strengthened RSCCD's relationships and partnerships in the community. Through his work as Vice Chancellor of Educational Services, Mr. Perez brings a profound understanding of current opportunities and challenges for RSCCD.
Mr. Perez earned a juris doctorate from Whittier Law School, a master's in Public Administration from California State University, Los Angeles, and a bachelor's in Political Science from the University of Southern California.
January 2023
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Jolianna <.Rj:vera
VALUE OFFERED
Motivated and proven HR strategic business partner with over 12 years of human resources experience, creating and managing a full spectrum of human resources programs, services and functions which are aligned with company goals.
Successful at developing and implementing strategies for the company while increasing employee morale and creating partnerships within the employees and business leaders.
Creativity and Innovation
Strong Interpersonal Skills
Bilingual-English & Spanish
Excellent Oral & Written Skills
KEY SKILLS
Commitment and Passion
Employee Relations
Organizational Development
Recruiting
EDUCATION
Decision - Making Capabilities
HR Policies and Procedures
Labor & Immigration Laws
Benefits & Compensation
Certificate in Human Resources Management, California State University of Fullerton, Fullerton, CA Bachelor's of Art Degree: Liberal A11s and Minor Spanish, California State University of Long Beach, Long Beach, CA
PROFESSIONAL EXPERIENCE
Human Resources Director, Polly's Inc., 2014 to Current Human Resources Manager, Polly's Inc., 2012 to 2014
Manage the Human Resources function and provide Strategic leadership to the leadership team and Board of Directors. Provide support to 1,200 team members in a 24/7 environment. Partner with leader_ship team in determining required people resources, address inefficiencies, training needs, identification of leadership talent, and succession planning. Manage the safety and workers' compensation programs for the company and successfully reduce claims and target for 90-day closure. Since 2018 to 2020, I successfully reduced company's Ex-Mod from 194% to 147% by assessing actual damages associated with claims and negotiating, within assigned authority limits, to settle claims. Involved in the day-to-day activities; employee relations, recmiting, leave management and benefit administration.
Achievement Highlights:
• Building Relationships. Changed the leadership's perception of Human Resources function from administrative to true business partner.
• Prepared and managed HR budget efficiently. Took part in the budgeting process regarding training expenses, safety costs, and other planned team member related activities.
• Development and Implementation of Recruitment Strategy. Revised new hire orientation and partnered with the stores and leadership team to create a more strategic on boarding process, • Enforce Efficiency. Audited current HR practices and establish new process for leave management, payroll processing, and compensation. Transitioned benefits and the onboarding record keeping process to electronic files. • Established written policies and procedures for vacation scheduling, productivity standards and incentive programs to ensure consistency and equity across the division.
• Strategies & Execute. Revised Employee Handbook, Performance Reviews, Employee Code of Conduct and Attendance Policy for the hourly employee's policies to improve business performance. Proven to bring compliance, consistency and equity across the business.
• Knowledgeable in laws and Interpretation. Ensure the Company is compliant with all State and Federal laws and implement the steps to ensure appropriate compliance and minimize risk. Specifically, meal and rest periods and documentation for all employees.
• Ensured staffing needs were met. Conducted company meetings to inform staff about issues such as new employee benefits and ways of improvements.
• Managed a talent development program by partnering with the CEO & VP of Operations. We identified strengths, opportunities across the business and created a plan of action for growth.
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Human Resources Manager, Oakley Inc. Foothill Ranch, CA 2009-2012 Provided well rounded human resources services that are creative and innovative while canying out responsibilities in the following functional areas: employee relations, training and development, benefits, compensation, organizational development, departmental development, Human Resource Information Systems (HRIS), and employment.
Achievement Highlights:
• Employee Relations. Conduct sensitive investigations and respond to employee grievances; Sexual Harassment, Harassment, Age Discrimination, Gender Discrimination, and anonymous hotline claim. • Strategic Partner. Provided advice to Management on employee related opportunities. Improved employee relations and performance by identifying the root cause of opportunities and finding solutions. Implemented a performance management program which has proven to be very effective in maintaining a highly productive workforce. • Advised and consulted with management on performance management initiatives and strategies. Developed and implemented individual corrective actions plan on performance that provide tools for employee's improvement and development. • Coaching/Leading through others. Leader who coaches/develops Managers and Supervisors on Leadership to be aligned with our company compass of values.
• Organizational Excellence. Developed and implemented employee process improvement ideas program tied to our FY12 priorities.
• Developed hourly employee recognition programs that have increased employee satisfaction. Customized online recognition program to reach our hourly workforce. Employees are now able to recognize one another, and Supervisors can recognize employees on the spot. Managed the employee recognition programs. • Created and implemented a comprehensive employee performance management metric to track individual performance.
On a quarterly basis, I prepared an individual score card for each employee which summarizes their individual performance and contributions.
• Initiator and process improvement. Facilitated monthly meetings with Manufacturing team to allow for open forum for human resources issues and improved communication between all levels of production.
Human Resources Specialist, Oakley Inc. Foothill Ranch, CA 2008-2009 Responsible for consulting with and helping practice managers and supervisors on company policies and procedures while providing an appropriate solution to employee problems. Proposed and developed a set of rules that would monitor the discipline and work of workers.
Maintained a detailed record of turnover, researched and formulated strategies which effectively aid in employee retention.
Achievement Highlights:
• Process Improvement. Revamped, process and monitor leaves of absences to ensure compliance with state and federal laws while enforcing consistent practices and leader of outsources leave administration. • Proven Project Manager. Managing Benefit Open Emollment including; coordination with outside vendors, benefit entry in HRJS system, and administrated Cobra.
• Compensation. Processed personnel actions that included salary adjustments, merit increases, transfers, pension and calculations.
• Strategic Partner. Provide executive-level administrative support to the Director of Human Resources and direct reports with a demonstrated ability to improvise, improve procedures, and meet demanding deadline. Provided advice to Management on company strategies and situations aligned with our values, objectives and priorities. • Research and analysis. Generate monthly, quarterly, and YTD turnover reports and present findings with recommendations to Operation leaders.
• Communicated with management and staff to ensure that policies/procedures and state and federal laws are followed. • Lead training function and staff. Facilitated training workshops and new hire orientations. Conveyed a sense of passion towards the company's values to new employee which was motivational and created a connection for what was in it for the employee. Lead the department trainers with their department training assignments. Tracked department training compliance for the distribution center warehouse departments.
Executive Administrative Assistant (Human Resources), Husky Injection Molding Systems. 2005- 2008 Supported the western regional technical centers in variety of areas but highly focused in human resources services. Managed a broad range of HR functions including, staffing, payroll, benefits, on boarding, safety, employee recognition program, team building events, and performance management
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Achievement Highlights:
• Proactive leader who is forward thinking. Developed vital competitive analysis process to facilitate implementation of aggressive company marketing strategy.
• Streamlined HR & payroll processes. Process and audited payroll time sheets for accuracy for monthly reporting and correcting discrepancies.
• Instrumental in assisting managers in lowering employee overtime. Tracked employee overtime and brought awareness to management of the need for fiscal responsibility.
• Time Management. Provide administrative support to the Director of Strategic Planning and secondary support to the General Managers in secretary's absence in areas of calendar management and document preparation. • Managed Hiring Process. Assisted with the hiring process, including job advertisements, phone screens, reference checks, new hire paperwork, coordinate drug screenings, conduct new hire orientation; and maintain confidentiality, • Systematical. Analyzed various report including, regional forecast, contracts, customer reports, budgets, and trend analysis, • Spearheaded and coordinated employee wellness programs. Coordinated wellness workshops, health screenings, eight-week fitness program and onsite walking for fitness program. Our location achieved the highest participation in the fitness program from our distribution centers.
• Developed and implemented safety program that measures safety accountability by department and requires action planning and ownership towards corrective actions. Coordinated monthly safety audits in the work areas which include feedback of employees. Developed and facilitated monthly safety trainings. • Achieved compliance with laws and regulations. Coordinated facility self audits for compliance with laws, policies and procedures.
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Bob Tucker - Biography
Labor Representative
Background and Education
Born in Baltimore Maryland but have lived in Orange County California since 1966. I graduated from Valencia HS in Placentia and attended two years of college at Cal State Fullerton majoring in Communications.
As a local union chapter president in Huntington Beach City School District 1992-2001 and later as a Labor Relations Representative (LRR) for the California School Employees Association (CSEA) 2001-2017, I learned and participated in Interest Based (collaborative) Bargaining, Health and Welfare policy and advocacy, legal rights of public employees, the rights of special needs students, and administrative law including a general knowledge of the rules of evidence. I am well versed in the Educational Employment Relations Act (EERA) implemented via the Public Employment Relations Board (PERS). Additionally, I became well versed with the Merit System civil service rules as a Personnel Commissioner in Garden Grove Unified for 10 years (2002-2012) and as an employee advocate in Los Angeles Unified for 2 years (2015-2017). I recently received (2017) my certificate of completion on Basic Mediation training from the OC Human Relations Commission.
I completed the OC Superior Court Leadership Academy for 2017.
Gathering Facts
I learned the importance of gathering facts initially as a Classified Employee Union Steward in school districts and. then as a Labor Rep for CSEA. I have experienced and participated in Impasse and Fact Finding, Arbitration Hearings, Personnel Commission Hearings as well as non-merit disciplinary hearings. Not exhausting the fact-gathering process will not lead to justice or fair due process.
I also set the foundation for (grievance, arbitration) and observed a Superior Court hearing and ultimately a successful Appellate Court hearing in 2004. (CSEA v. Tustin Unified). I served successfully as a Superior Court Jury Foreperson in 2015 in a Civil case regarding a Trust law issue.
Analyzing Data
Obviously I would need to be able to gather and analyze data in the above mentioned list. In addition, I served on a Request for Proposal(RFP) Committee three times as the Chair of the Youth Council for the Santa Ana Workforce Investment Board for over 4 years. I observed and participated on several Health Benefits Committees in School Districts, including Huntington Beach City School District, Irvine Unified School District, Laguna Beach Unified School District, Tustin Unified School District, Los Angeles Unified School District. The gathering and interpreting of data for healthcare business and bargaining is critical. I have lead bargaining in all of those school districts except LAUSD however, in LAUSD and GGUSD analyzing data for reclassification of classified employees in their Merit System processes was a regular occurrence. I have requested and analyzed various school district budgets including LAUSD in 2017.
EXHIBIT 1
City Council
7 –
18 8/15/2023
Bob Tucker - Biography
Labor Representative
Report Writing
I have written grievances and arbitration briefs as a union steward and labor rep. I have written and filed several Unfair Labor Practices with PERB as recently as September 2016 (CSEA v LAUSD Prima Facie established, case settled amicably)
Committee Work (volunteer/paid}
I have served and lead many classified employee negotiations committees (1994-2016) I have served on a request for proposal committee for the Santa Ana Workforce Development Board. (2014, 2017, 2019)
I have served on several Health Benefits Committees for school districts, including LAUSD (2017) which oversees an annual $1.5 Billion H+W budget.
I have served on various political action committees including recent (2017) Healthy CA (single payer healthcare advocacy)
I am active with my local chapter of the California Alliance for Retired Americans (CARA) which advocates politically on Senior issues, including a new and improved (incl. dental and vision and no OOP) Medi Care for All Bill in Congress
I am active with the OC LGBTQ+ Center committee, "Youth First OC" which currently advocates for and is drafting a LGBTQ+ Student Bill of Rights in California.
Teach class (occasionally) on navigating the workplace to high school students Personal
Weight Training/Swimming
Short Story/Poetry Writing
Travel
EXHIBIT 1
City Council
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19 8/15/2023
Dennis Varnum
EMAIL: [email protected]
Employment Development Administrator
PROFESSIONAL PROFILE
• Versatile Workforce executive with hands-on experience as a One Stop Operator. • Strategic professional who deploys participative management style in fast-paced, diverse workforce. • Proactive change agent who spends time in employee environment encouraging learning and promoting the increased productivitythat results in value-added customer service. • Excellent team builder and consultant on personnel issues and organizational development.
AREAS OF EXPERTISE
• Hurn.anRresource strategy, objectives, policies,
programs
• Employee and management training
• Succession planning/ management practices
and programs
• WIA Adult and Dislocated Worker experience
• Diversity programs
• Facility management
• One Stop contract funding and budgeting
• Executive Director of WIB O,nsortlum
• Policy assessment
• Leader's role in EEO program
• Multi-unit management
• Operations management
+ Performance management
• EEOC, AAP, OSHA, W/C, and other federal, state, and
local compliance program needs, including training,
investigation, and prevention programs
PROFESSIONAL EXPERIENCE
Resolving Conflicts and Negotiating with Others - Handling complaints, settling disputes, and resolving grievances and conflicts, or otherwise negotiating with others. • Mediated One Stop partner and EDD disputes
• Resolved employer/ employee conflict by non-confrontational mediation • Liaison for payroll and accounting issues for cluster staff • Resolve personnel problems or grievances
• Resolve worker or management conflicts
· Staffing Organizational Units - recruiting, interviewing, selecting, hiring, and promoting employees in an organization.
• Assess staff or applicant skill levels
• Develop staffing plan
• Establish recruiting procedures
• Evaluate information from employment interviews
• Hire, discharge, transfer, or promote workers
• Implement recruiting procedures
• Interview job applicants
• Maintain job descriptions
• Recommend personnel actions, such as promotions, transfers, and dismissals • Recruit employees
• Seek out applicants to fill job openings
EXHIBIT 1
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Communicating with Supervisors, Peers, or Subordinates - Providing information to supervisors, co-workers, and subordinates by telephone, in written form, e-mail, or in person. • Gmduct or attend staff meetings
• Prepared daily and weekly reports to senior management and staff. • Consult with managerial or supervisory personnel
Coordinating the Work and Activities of Others - Getting members of a group to work together to accomplish tasks.
• Gmfer with other departmental heads to coordinate activities • Coordinate employee capacity building programs
• Direct and coordinate activities of workers or staff
• Oversee execution of organizational or program policies Monitoring and Controlling Resources - Monitoring and controlling resources and overseeing the spending of money.
• Develop budgets
• Manage contracts
• Local cluster FISMA compliance monitoring for my offices • Monitor operational budget
Work EXPERIENCE
Employment Program Manager -III
Employment Program Manager -II
Employment Program Manager -I
Employment Program Representative
VP Operations/ Owner
Requisition Manager -HR
EDD
EDD
EDD
EDD
SolutionFocus
Boeing Company
EDUCATION
5/12 to Current
5/2012 to 11/2012
8/2010 to 5/2012
9/2009 to 8/2010
5/2009 to 9/2009
2/1996 to 4/2009
• Master of Public Administration, California State University, Dominguez Hills, CA • Bachelor of Science in Business & Management, University of Redlands, Redlands, CA • Mediation & Advanced Mediation Certificate, UCLA, Los Angeles, CA
CERTIFICATIONS
• Certificate Professional in Human Resources (SHRM) • Los Angeles Superior Court Mediator • Orange County Superior Court Academy Graduate • Six Sigma Green Belt • Community Mentor
PROFESSIONAL AFFILIATIONS AND BOARD OF DIRECTORS MEMBERSHIPS • Member, Southern California Mediation Exchange, 2009
• Member, 100 Black men Of America, 2008
• Member, Orange County Black Chamber of Commerce, 2009 • Member, Board of Directors, Anaheim Public Library Foundation, 2010 • Member, Board of Directors Core Institute of Motivational Advancement (CIMA) La Habra, CA, 2010 • Member, Board of Directors, Orange County Youth Motivation 'Task force (OCYMTF), Santa Ana, CA, 2009 EXHIBIT 1
City Council
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P
age 1 of 3
VERONICA T. HERNANDEZ, MBA, PHR, SHRM-CP
_____________________________________________________________________
PROFESSIONAL SUMMARY
Bilingual emotionally intelligent Senior HR Business Partner with multi-unit and leadership experience in the areas of strategic planning, safety, worker’s compensation, organizational design, employee relations, talent management, change management and effective at building relationships at all levels of the organization.
Skilled at developing business strategies to identify and prioritize talent management and proven capabilities in guiding organizations through periods of change.
P
ROFESSIONAL EXPERIENCE
Mei
ji America/D.F.Stauffer’s 3/23 - Present
Human Resources Manager
• Lead and leverage HR processes and drive HR initiatives across various functions including performance management, compensation planning, succession planning, training and development, rewards and recognition, organizational effectiveness, employee communication and employee relations. • Manage complex and sensitive departmental issues with sound judgment by proactively managing legal risks and enhancing HR practices and policies to ensure compliance with company guidelines and governmental regulations.
• Identify staffing and recruiting needs; develop and execute best practices for hiring and talent management.
Corovan Moving and Storage, Orange County/Los Angeles, CA Bilingual Senior HR Business Partner 6/21- 11/22 • Provided support and leadership to more than 200 corporate and field workforce employees. • I
dentified areas of process improvement for employee relations, compliance, safety, risk mitigation, and r
ecruiting.
• Managed and resolved employee relations issues through coaching and advising. Conducted effective, thorough, and objective investigations. Provide day-to-day performance management guidance to line management (e.g., coaching, counseling, career development, disciplinary actions). • Managed open job requisitions, ac hieve recruiting metrics utilizing data. Oversee the pre-employment process (background check, drug tests, etc.), as well as prepare and approve offer packages, provide equity & market competitiveness data research.
• Assessed, made recommendations, and executed appropriate changes to the current HR structure including H
RIS systems, compensation, benefits, talent review that have a positive impact on the business and company culture.
FedEx Ground, Los Angeles, CA 9/19 – 6/21 Senior HR Business Partner
• Provide leadership and support to over 850 employees in three operation sites in the areas of employee relations, diversity and inclusion, compensation and rewards, training and development, talent management and organizational development. Proactively champion and contribute to the development and delivery of diversity and inclusion programs.
• Champion leader for all Diversity and Inclusion initiative roll out programs for three locations sites. • Assess talent and organization needs based on current business performance and future strategies by analyzing industry HR trends and metrics. Influence business leaders by making recommendations on best practices and implementing key strategies that have positive impact on employee experience and culture. • Responsible for conducting all employee investigations in a timely manner from beginning to end, including interviewing all witnesses, create the final report, provide recommendations on findings and determine the final outcome.
EXHIBIT 2
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• Conduct and lead district training classes in the areas of select interviewing, performance management and coaching.
• Created and implemented communication, processes and procedures for all COVID-19 related information for the Los Angeles market to ensure employees were informed of all new safety measures and worked in a safe environment. Responsible for all COVID-19 reporting and staying abreast of all state and local Covid-19 ordinances and regulations.
Lowe’s Companies, LA/Orange County 8/03 - 07/19 Manager, HR Business Partner, 2012 - 2019
HR Manager, 2003-2011
• Human Resources trusted business advisor to senior management in the areas of employee relations, union avoidance, talent acquisition, safety/worker’s compensation, strategic planning focusing on company goals and initiatives, compensation and talent management supporting up to 400 employees, HR trainer for the market and have managed up to 10 direct reports. Experience supporting both exempt and non-exempt employee populations.
• A ssisted and lead in the strategy and planning of a corporate restr ucture of two locations totaling 400 employees; communicated information, assisted with resources by ensuring all employees were informed in a fair and consistent manner, which lead to a smooth transition and overall positive employee morale. • Identified opportunities to improve organizational capability and drive culture change to align the organization with the strategy. Diagnosed gaps between current and desired organization performance and deploy actions to resolve gap, including organization redesign, process change, coaching and training. • Developed and implemented safety awareness programs that resulted in decreased worker’s compensation claims by 75% in one year, resulting in an average annual cost savings of $100,000. • A cquired key talent at all leve ls of the organization by utilizing action plans for diversity initiatives, resulting in an increase minority employee population by 50%. Established and maintained relationships with professional organizations and colleges, workforce centers, disability organizations and with various social media channels.
• Designed and delivered development programs aligned with the company’s strategic talent needs, including training and coaching existing and future managers to be successful as a leader, which positively impacts the employee experience and maintains a healthy culture.
• D eveloped and implemented a results- oriented performance management process for sales specialists that focuses on building employee capabilities by aligning employee goals with business objectives which increased annual sales by 20%.
BEA Systems, Inc., San Jose, CA (acquired by Oracle) 11/99 - 3/02 Corporate Human Resources Generalist – Western Region
• Provided global consultation to over 500 employees in the Sales, Marketing and Administration business units in the areas of employee relations, talent management, coaching and strategic planning.
EDUCATION & CERTIFICATION
University of Phoenix (Silicon Valley campus) - San Jose, CA Master in Business Administration
California State University, Chico - Chico, CA
Bachelor of Arts in Psychology
HR Designation:
Professional in Human Resources (PHR) – valid until January 2024 EXHIBIT 2
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Society of Human Resources Management Certified Professional (SHRM-CP) valid until January 2024
AFFILIATIONS:
Professionals in Human Resources Association, National Association in Human Resources, Society of Human Resources Management.
LANGUAGES: Fluent in speaking, reading, and writing Spanish.
COMPUTER SKILLS: Applications: Workday, PeopleSoft. Software: Microsoft Office 2016, Kronos 7.0, Unicru, Kenexa, 2X Brassring, Ultipro, SuccessFactors.
EXHIBIT 2
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•
BBB.
June 23, 2023
Better Business Bureau®
Serving the Pacific Southwest
A C ommunity of Trustworthy Businesses
Campuses in Maricopa • Mohave • Orange • San Diego • Yavapai • Yuma Counties Deborah Sanchez, Executive Director
Santa Ana Workforce Development Board
801 W. Civic Center Drive, Suite 200
Santa Ana, CA 92805
Dear Ms. Sanchez:
It is with great pleasure that the Better Business Bureau Serving the Pacific Southwest (BBB) nominates Rhonda Miller, Director of Business Engagement for the Better Business Bureau Serving the Pacific Southwest, to be considered by the Santa Ana City ·_.-,, .. council for appointment to the Santa Ana Workforce Development Board (WDB).
BBB is actively engaged with Santa Ana businesses to foster integrity and bolster consumer confidence. Our mission is to be the leader in advancing marketplace trust, and we have evolved into a partner that proactively supports an ethical community. By providing resources and education by leading experts, we serve diverse business owners and entrepreneurs in every step of their business journey. Ensuring businesses uphold high standards provides both existing employees and job seekers assurance of ethical business practices - which supports the advancement of a stronger and more dedicated workforce.
We recognize the vital role that the Santa Ana business community contributes to the WDB and are confident that Ms. Miller will utilize her workforce and corporate background to serve the mission of the WDB well.
Please do not hesitate to call me at 858-427-1121 should you have any questions. We look forward to continuing our close association with the WDB and Santa Ana businesses to encourage and support best practices and advance marketplace trust.
Sincerely, ___ ,/_/
?'
,,.,---
Michael
VP, Chief Operations Officer and General Counsel
Better Business Bureau Serving the Pacific Southwest
EXHIBIT 3
City Council
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25 8/15/2023
Rhonda Miller
• 714-462-9564 - Office • rhonda.mill [email protected] Profile
A proven business leader with over 15 years of professional experience offering expertise in workforce development, community relations, economic development, sales and sales management, and business development in commercial and government markets. Experience includes non-profit, advertising, professional services, information technology solutions, and publishing. I am creative, innovative, strategic, and highly communicative.
Additional strengths and competencies include:
• Business Relations • Program Management • Process Improvement • Team Leadership • Results Driven • Program Recruitment • Budgeting and Forecasts • Strategic Thinking • Speaking/Presentations Key Attributes
• Expertise with business outreach, conducted daily to educate and provide service offerings to businesses of any size located in 32 cities within Orange County. • Apply proven sales processes to identify, educate and retain new employer program members while retaining existing participants to meet and achieve program, grant, and organizational growth goals.
Collaborate with businesses to create custom programs and hiring initiatives driven by business needs to assist with employer stability and solvency
• Highly active with the Orange County Chambers of Commerce community as an invited speaker and trusted resource presenting business services offerings, programs and reimbursement opportunities, events, and providing economic market data to members and constituents • Strong relationships with regional partners including OC Small Business Development Center (OCSBDC), business leaders, sector partnership organizations and associations, and educational institutions
• Conduct company needs analysis to determine appropriate business service offering including hiring assistance, training programs, identifying and screening candidates, tax credit opportunities, career fairs, and customized hiring events
• Experience working with the goals and needs of a Board of Directors. Report quarterly to Board Directors and Committees with updates and status of outreach activity, program participation, survey results, strategic outreach and business recruitment plan, event attendance and outcomes, and grant budget, metrics, and goal achievement
• Significant speaking and presentation experience. Guest speaker at OCSBDC events, forums, business clinics, and monthly webinars. Invited speaker at the Minority Business Summit in March 2022, and HB Chamber of Commerce State of the County webinar in April 2022. Guest speaker at the National Association of Workforce Development Professionals annual conference in May 2017. Weekly on-air personality with KRDO-Radio Business Hour and Cumulus Media radio guest • Utilize social media for outreach, marketing, announcements, and prospecting. Write press releases and create promotional collateral
EXHIBIT 3
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• Extensive business recruitment experience to increase regional company participation in new and existing programs and events. Developed policies, program initiatives, and procedures to increase job development with regional businesses in accordance with federal guidelines • Responsible for writing monthly and quarterly program reports for key stakeholders at the state and regional level to remain compliant with state and 501 c3 organizational mandates, grant writing, and crafting local policy guidelines in conjunction with state and local policy guidelines • Expertise in developing processes to create, articulate, and execute the company mission and vision as well as direct sales experience prospecting, building customer relationships and closing business to consistently achieve corporate revenue goals, program metrics, and corporate growth goals Professional Experience
Better Business Bureau Serving the Pacific Southwest
Director of Business Engagement, Orange County
October 22 - Present
Workforce and Economic Development Division,
County of Orange May 2021 - October 2022
Business Solutions Manager
HR Consulting Help
Director of Business Development, Recruitment
Pikes Peak Workforce Center/ El Paso County (non-profit) Team Lead- Business Services Group
The Gazette/ Clarity Media Group
Sales Director
RKM Consulting Services, Contractor
Sales Consultant I East, CBS Interactive
BH Media (formerly Media General)
Sales Director
Kforce Government Solutions, Inc. (KGSl
Business Development, Comme rcial Services
Education
Sept. 2017 - May 2021
May 2016 - Sept. 2017
March 2014 - July 2015
Jan. 2013 - March 2014
Jan 2012- Dec. 2012
Aug. 2009 - Dec .2011
Graduate of the Leadership Pikes Peak Signature program, class of 2014-2015 Orange Coast College - Marketing Communications Major
Technical Skills
Office systems: Microsoft Office suite: Word, Excel, PowerPoint; Salesforce.com; Prezi, CalJOBS, Connectingcolorado.com
Volunteer Activities
Board of Directors, Vista Pointe Ridge HOA - 7 years, 4 as Board President Care & Share Food Bank, Colorado Springs
Junior Achievement of Southern Colorado
EXHIBIT 3
City Council
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27 8/15/2023
Community Development Agency
https://www.santa-ana.org/community-development
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: CalOptima Health Street Medicine Program
AGENDA TITLE
Authorize staff to provide a Letter of Interest to CalOptima Health to have the City of Santa Ana be considered as a future expansion City for its Street Medicine Program.
RECOMMENDED ACTION
Authorize staff to provide a Letter of Interest to CalOptima Health to launch a Street Medicine Program in the City of Santa Ana that will provide health and social care developed specifically to address the complex needs and circumstances of unhoused, unsheltered individuals in the City of Santa Ana.
DISCUSSION
On April 1, 2023, CalOptima, in partnership with the City of Garden Grove and Healthcare in Action, launched Orange County’s first Street Medicine Program to deliver comprehensive health and social care to individuals experiencing homelessness, addressing the unique needs and circumstances of unsheltered individuals. The successful approach of the CalOptima Health Street Medicine Program builds necessary rapport and engages people experiencing homelessness “where they are” and on their “own terms,” thereby reducing and/or eliminating barriers to care access and follow-through services. In its first four months of operations, CalOptima Health’s Street Medicine Program has served over 100 unhoused individuals, connecting 95% of its enrollees to both a medical home and housing navigation services.
CalOptima Health is interested in launching a second Street Medicine Program in another city in Orange County, replicating its existing program that uses walking teams and medical vans to canvas and reach unhoused members living in parks, under freeways, or other unsheltered spaces. Services include primary care, behavioral health, and case management, inclusive of substance use referral services. The Street Medicine Program would provide medical and social care to people who have not sought or do not want to seek care in traditional settings.
The Street Medicine Program will complement and enhance Santa Ana’s outreach and engagement services for people experiencing homelessness by not only providing necessary medical and social services staff in the field to address the complex medical and social needs of unhoused, unsheltered individuals in Santa Ana, but also to
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CalOptima Health Street Medicine Program
August 15, 2023
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minimize the unnecessary use of hospital emergency rooms and improve efficiency in Santa Ana’s outreach and engagement related to public intoxication for people experiencing homelessness.
Next Steps
Following approval by the City Council, staff will provide a Letter of Interest to CalOptima Health to launch a Street Medicine Program (Exhibit 1). The Street Medicine Program may require approval of a future Memorandum of Understanding or Agreement with CalOptima Health.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT
1. Letter of Interest for CalOptima Health Street Medicine Program Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Krstine Ridge, City Manager
City Council
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S
ANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza – M25
Santa Ana, California 92702
www.santa-ana.org
CI TY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
August 16, 2023
Ca
lOptima Health
Kelly Bruno-Nelson, Executive Director
505 City Parkway West
Orange, CA 92868
D
ear Ms. Kelly Bruno-Nelson,
O
n behalf of the City Council this letter of intent to express our interest in launching a Street Medicine Program in the City of Santa Ana.
According to national estimates, the life expectancy of an unsheltered person is nearly 30 years less than that of the average Californian. As homelessness continues to rise across the state, so too do deaths on the street. We understand that when an individual focuses on their basic needs, managing their medical or mental health ailments go by the wayside.
In Orange County, a quarter of the deaths among the unhoused are a result from acute or chronic health conditions like cardiovascular disease, cancer or respiratory failure.
A Street Medicine program launched in Santa Ana will be able to deliver heath care to some of the neediest individuals, and provide services “where they are,” thereby reducing barriers to care access and follow -through. The Street Medicine Program will both complement Santa Ana’s existing outreach and engagement programs.
This letter of intent precedes an agreement between the City and CalOptima Health (and any other program documents) that will detail the terms for the Street Medicine Program.
Sincerely,
Mayor Valerie Amezcua
Mayor
EXHIBIT 1
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Community Development Agency
www.santa-ana.org/community-development
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program
AGENDA TITLE
Approve a Modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program
RECOMMENDED ACTION
1. Approve a modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program.
2. Direct the City Attorney to finalize and authorize the City Manager to execute a subrecipient agreement with Illumination Foundation, in the amount of $100,000, for a term beginning August 15, 2023 – June 30, 2024, for rapid rehousing and homeless prevention activities, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 2, 2023, the City Council approved the Fiscal Year (FY) 2023-24 Annual Action Plan and associated budgets for the Community Development Block Grant program, HOME Investment Partnerships Grant, and Emergency Solutions Grant (Exhibit 1). In addition, City Council also directed the City Attorney to finalize and authorized the City Manager to execute agreements with various nonprofit organizations awarded funds as part of the approved Emergency Solutions Grant (ESG) Program for a term beginning July 1, 2023 through June 30, 2024.
As part of the FY 2023-24 Annual Action Plan and budget for the ESG Program, Mercy House was awarded $100,000 in ESG funds to deliver rapid rehousing and homeless prevention activities to the City’s homeless population. However, after the award of funds by City Council, Mercy House declined the City’s ESG funds due to the matching requirement mandated by the U.S. Department of Housing and Urban Development.
The total award of $100,000 in ESG funds included $50,000 for rapid rehousing activities and $50,000 for homeless prevention activities.
Rapid rehousing is an intervention, informed by a Housing First approach, that is a critical part of a community’s homeless crisis response system. Rapid rehousing rapidly connects families and individuals experiencing homelessness to permanent housing
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through a tailored package of assistance that may include the use of time-limited financial assistance and targeted supportive services. Rapid rehousing programs help families and individuals living on the streets or in emergency shelters solve the practical and immediate challenges to obtaining permanent housing while reducing the amount of time they experience homelessness. Rapid rehousing also helps families and individuals avoid a near-term return to homelessness and links them to community resources that enable them to achieve housing stability in the long-term. Rapid rehousing is an important component of the City’s response to homelessness. A fundamental goal of rapid rehousing is to reduce the amount of time a person is homeless.
Homeless prevention activities under the ESG Program involves eviction prevention and may include:
•Financial Assistance: Providing short-term financial assistance to individuals and families at risk of losing their current housing due to an eviction, foreclosure, or utility shutoff. This assistance can help cover rental arrears, security deposits, utility bills, or other housing-related costs.
•Mediation and Legal Services: Offering mediation services or legal assistance to tenants facing eviction, with the aim of resolving disputes and preventing homelessness.
•Rental Assistance: Providing ongoing rental subsidies to households that are at risk of homelessness to ensure they can maintain stable housing. Rental assistance may be time-limited or provided on a longer-term basis, depending on the specific program design.
•Case Management: Offering case management services to help households assess their needs, set goals, and develop a plan to achieve and maintain housing stability.
•Housing Counseling: Providing housing counseling services to individuals and families, including financial literacy education, budgeting assistance, and landlord-tenant mediation.
•Credit Repair Services: Offering credit repair assistance to individuals and families who may have credit issues that are hindering their ability to secure housing.
•Utility Assistance: Providing financial assistance to help households pay utility bills and prevent disconnection of essential services.
Following Mercy House’s decision to decline the City’s award of ESG funds, staff recommends a reallocation of $100,000 in ESG funds to the Illumination Foundation as the City’s emergency shelter provider. The $100,000 includes $75,000 for rapid rehousing activities and $25,000 for homeless prevention activities (Exhibit 2 and 3).
Illumination Foundation has proven to be a leading nonprofit that serves our most vulnerable individuals in the City of Santa Ana.
Relative to the procurement for these services, there are a very limited number of homeless service providers that administer federal ESG funds in the City of Santa Ana.
Under the federal regulations and guidance, a non-competitive procurement may be
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used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and where the item is available only from a single source. Under the City’s Purchasing Policies and procedures, competitive bidding may be waived if a service is available from only a single/sole source and solicitation of bids would be an idle act. A sole source is defined as a single supplier who provides a service for which no acceptable substitute is available. Staff have determined that: 1) the award of this contract is infeasible under competitive proposals for this FY 2023-24; 2) the solicitation of bids would be an idle act; and 3) the service is available only from the Illumination Foundation as a single/sole source.
An Amendment to the Annual Action Plan is necessary when there are changes in the proposed use of funds, reallocation of funds between different activities, or the addition of new projects or initiatives that were not included in the original plan. This modification to the Fiscal Year 2023-24 Annual Action Plan does not require an Amendment because there is not a change to the use of the ESG funds; there is not a reallocation of funds between different activities; and the planned use was included in the original Annual Action Plan approved by City Council on May 2, 2023.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Staff Report from May 2, 2023
2. Emergency Solution Program Summaries
3. Emergency Solution Grant Budget
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
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FY 2023-24 ESG Funding Plan - Program Summaries
Administration (7.5% cap)
Project Title Organization Funding Description
ESG Program
Administration
City of Santa
Ana Community
Development
Agency (CDA)
$33,544
The program will provide for the overall administration of the ESG Program, to include: preparation and submission of required contracts with HUD, submission of all reporting requirements, provision of individual project oversight, monitoring of all proje ct implementation and ongoing completion, and fiscal management and oversight. Program Administration is performed by a combination of staff and professional consultant(s). Proposed funding am ount calculated based off 7.5% admin cap.
Homelessness Shelter and Outreach Services (60% cap)
HEART Program
Homelessness
Outreach &
Engagement
City of Santa
Ana Police
Department
$50,000
Santa Ana Police Officers will contact individuals experiencing homelessness and attempt to provide the person(s) with necessary resources. The various resources will include lodging at the Link or Courtyard homeless shelters, transportation and social or mental health services utilizing the County PERT team members. Through a collaborative approach, officers will work the entire City in areas that are impacted by calls for service, citizen complaints, or noticeable encampments.
Domestic Violence
Homeless Shelter Interval House $80,000
Interval House provides life-saving shelter and support to homeless victims of domestic violence and their children from the most underserved communities in Santa Ana. Interval House shelter programs offer a safe, caring, and homelike environment for adults, adolescents, and children in life-threatening situations who are left homeless as a result of domestic violence.
ADDITONAL SPECIALIZED SUPPORT SERVICES: Comprehensive counseling; legal; health and wellness; financial management; employment counseling; permanent housing; and other services as needed, provided by skilled counselors in over 70 languages.
Shelter Services &
Case Management
Second Chance
OC $30,000
Second Chance OC (SCOC) aims to reduce recidivism and begin to address the essential longer-term solutions to homelessness for clients at the Link. Most will be recovering drug/alcohol abusers who want to stay clean, avoid further jail/prison time, and return to their families and communities as contributing citizens.
SCOC staff and volunteers train, assist and support each client according to his/her individual need. Many are dual- diagnosis, suffering from mental health issues as well as addiction, many have been in jail or prison, and most have a history with drug use. Those who are ready to return to school will be assisted with college applications. Others will be trained for the workplace. Clients who are ready to work will be assisted and supported in job readiness, from interviewing and resume preparation to on-the-job training and be placed in jobs paying at least or more than $15.00 hour. SCOC has business partners who employ our clients. All are mentored and coached at least twice monthly, monitored by an assigned case manager, and formally trained in CPR/First aid when it is required for employment.
EXHIBIT 2
City Council
9 –
4 8/15/2023
FY 2023-24 ESG Funding Plan - Program Summaries
Homelessness Prevention and Rapid Rehousing
Homeless
Prevention (Eviction
Prevention)
Illumination
Foundation $25,000
Illumination Foundation will provide homeless prevention assistance to families residing in Santa Ana who are in jeopardy of losing housing. The funds will be used to provide rental assistance for families and individuals to maintain their current housing without the risk of becoming homeless. Funding allocations will include rental arrears and security deposit assistance (provide a one-time deposit assistance payment). In addition, clients will receive assistance with application fees, security deposit assistance if necessary, first and last month's rent and move-in costs if residents need to be relocated. The Illumination Foundation Homeless Prevention Program will help the Santa Ana community reduce the size of the homeless population by providing assistance and case management services that can aid families in preserving their independence.
Rapid Rehousing
(short term and long
term rental
assistance/security
deposits)
Illumination
Foundation $75,000
Provide flexible and individualized financial assistance that supports Santa Ana residents on a progressive path toward permanent housing and stability. The amount and duration of rental assistance will be determined based on each client's unique financial situation. As a general guideline, Illumination Foundation will provide 100% rental assistance when clients first enroll in the program, allowing them to stabilize their finances, save, and plan.
Over the course of six months, the amount of rental assistance will be scaled back incrementally—70%, 50%, and 30% of the total rent due.
Rapid Rehousing for
unaccompanied
homeless women
WISEPlace $50,000
WISEPlace provides shelter, food, trauma-informed care and related services to unaccompanied homeless women.
Our shelter, case management, employment assistance and financial empowerment serves women from age 18 to 65 and older. The women we serve include young women leaving foster care, those who have suffered from domestic violence or human trafficking, those who experienced a financial catastrophe, or women recovering from drug abuse, alcohol abuse or incarceration.
Our Rapid Rehousing services include case management, financial empowerment curriculum, housing search support and placement and permanent supportive housing financial support, such as deposit assistance, security deposits, help with moving costs and utilities.
Data Collection HMIS (3%)
HMIS – Homeless
Management
Information System
211 Orange
County $103,705
211OC will facilitate HMIS coordination, communication, training, and technical assistance of Santa Ana ESG sub- recipients to ensure adherence to data quality, supporting the City's efforts to fully comply with the HEARTH Act of 2009. 211OC will: provide user meetings, perform site visits, provide training/technical assistance, run data quality reports to post and make available online (www.211oc.org), complete project set-ups, update the dashboard created for the Mercy House Link on a monthly basis.
EXHIBIT 2
City Council
9 –
5 8/15/2023
Category of Eligible
ESG Activity Subtotal SAPD
HEART
Interval
House
Santa Ana
Homeless
Shelter*
Illumination
Foundation
Second
Chance OC WISEPlace 2-1-1 Orange
County
Street Outreach $ 50,000.00 $ 50,000.00
Emergency Shelter -
Operations $ -
Emergency Shelter -
Essential Services $ 110,000.00 $ 80,000.00 $ 30,000.00 Homeless Prevention $ 25,000.00 $ 25,000.00
Rapid Rehousing $ 125,000.00 $ 75,000.00 $ 50,000.00 HMIS Data Collection $ 103,705 $ 103,705
Santa Ana Admin - 7.5% $ 33,544
$ 447,249 $ 50,000.00 $ 80,000.00 $ - $ 100,000.00 $ 30,000.00 $ 50,000.00 $ 103,705 Nonprofit Organizations
City of Santa Ana Emergency Solutions Grant
FY 2023-2024 Funding
City Council
9 –
6 8/15/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: National Dislocated Worker Grant and Workforce Innovation and Opportunity Funds
AGENDA TITLE
Approve Appropriation Adjustment to Program Year 2023-24 Budget for the National Dislocated Worker Grant and Workforce Innovation and Opportunity Act Programs
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing additional National Dislocated Worker Grant, Employment Recovery funds from the State of California, Employment Development Department to provide re-employment and training services to individuals impacted by COVID-19 in the amount of $360,000 in revenue account (no. 12318002-52009) and appropriating same to expenditure account (no. 12318762-6xxxx) (Requires five affirmative votes).
2. Approve an appropriation adjustment recognizing $2,884 in additional Dislocated Worker Title Workforce Innovation and Opportunity Act funds from Program Year 2022-23 in revenue account (no. 12318002-52001) and appropriating same to expenditure accounts (no. 12318752-61000 and 12318754-69138) for Program Year 2023-24 (Requires five affirmative votes).
DISCUSSION
The City has received an additional $360,000 in National Dislocated Worker Grant (NDWG), Employment Recovery funds to serve an additional 36 individuals. The City received an initial award of $160,000 in Fiscal Year 2021-22, which has been fully expended. These additional funds have been received by the City through a modification of the PY 2023-24 subgrant agreement. (Exhibit 1) The Department of Labor issued Training and Employment Guidance Letter 11-22, dated March 17, 2023, which revised Program Year (PY) 2022-23 Workforce Innovation and Opportunity Act (WIOA) second round Dislocated Worker formula funds. The second round of Dislocated Worker PY 2022-23 formula funds have been adjusted for the re-allocation, with Santa Ana receiving an additional $2,884. These funds have been received by the City through a unilateral modification of the PY 2022-23 subgrant agreement. Ten percent of these funds will be used for administrative costs and the remaining amount will be used to provide dislocated workers with employment and training services and assist them in obtaining full-time employment. (Exhibit 2).
City Council
10 –
1 8/15/2023
National Dislocated Worker Grant and Workforce Innovation and Opportunity Funds August 15, 2023
3 6
4 0
FISCAL IMPACT
Approval of the appropriation adjustments will recognize $360,000 into WIOA Federal Grant-Indirect COVID revenue account (no. 12318002-52009), $2,884 into WIOA Federal Grant-Indirect revenue account (no. 12318002-52001), and appropriate the same amount to expenditure accounts as follows. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2024-25.
Fiscal
Year
Accounting Unit-
Account
Fund
Description
Accounting Unit, Account
Description Amount
FY 23-24 12318752-61000 WIOA One Stop Admin, Salaries
Regular $ 288.40
FY 23-24 12318754-69138 WIOA One Stop Dislocated Worker, Payment-Training Portion $ 2,595.60
FY 23-24 12318762-6xxxx NDWG NDWG, Various $360,000.00
Total Expenditures $362,884.00
EXHIBIT(S)
1. AA311027 NDWG Subgrant Agreement
2. WIOA PY 22-23 Final Allocations
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
10 –
2 8/15/2023
WIOA SUBGRANT AGREEMENT
Santa Ana Workforce Development Board
PASS-THROUGH ENTITY:
State of California
Employment Development Dept.
Central Office Workforce
Services Division
P.O.Box 826880, MIC 69
Sacramento, CA 94280-0001
SUBGRANT NO: AA311027
MODIFICATION NO: 4
SUBRECIPIENT CODE: SAN
UNIQUE ENTITY NO:
INDIRECT COST RATE: 14.92
SUBRECIPIENT: Santa Ana Workforce
Development Board
GOVERNMENTAL
ENTITY:
801 W. Civic Center Drive
SANTA ANA, CA 92701
Yes
This Subgrant Agreement is entered into by and between the State of California, Employment Development Department, hereinafter the Pass-through Entity, and the Santa Ana Workforce Development Board, hereinafter the Subrecipient. The Subrecipient agrees to operate a program in accordance with the provisions of this Subgrant and to have an approved Workforce Innovation and Opportunity Act (WIOA) Local Plan for the above named Pass-through Entity filed with the Pass-through Entity pursuant to the WIOA. This modification consists of this sheet and those of the following exhibits, which are attached hereto and by this reference made a part hereof:
Funding Detail Chart
2022 QUEST Disaster Recovery NDWG - Workforce Dev
1262 Budget Summary Plan Exhibit A, 1 pages
1262 Other Exhibit Exhibit B, 4 pages
1262 Other Exhibit
1262 Project Workplan
1262 Other Exhibit
1262 Other Exhibit
ALLOCATION(s)
The Pass-through Entity agrees to reimburse the
Subrecipient not to exceed the amount listed
hereinafter 'TOTAL'
TERM OF AGREEMENT
From:4/1/2022 To: 9/30/2024
Exhibit C, 6 pages
Exhibit D, 1 pages
Exhibit SOW, 4 pages
Exhibit PIP, 1 pages
PRIOR AMOUNT
INCREASE/DECREASE:
TOTAL:
$2,650,902.00
$360,000.00
$3,010,902.00
Terms of Exhibits are as
designated on each exhibit
, PURPOSE: The purpose of this modification is to incorporate National Dislocated Worker Grant funding to the 2022 QUEST Disaster Recovery NDWG - Workforce Development project in grant code 1262.
APPROVED FOR PASS-THROUGH ENTITY(EDD) APPROVED FOR SUBRECIPIENT (By Signature) (By Signature) Unilateral modification. Subrecipient Signature not , Name and Title
KIMBERLEE MEYER
CHIEF
CENTRAL OFFICE WORKFORCE SERVICES
DIVISION
I hereby certify that to my knowledge, the budgeted
funds are available for the period and purpose of
expenditures as stated herein
required
Name and Title
This agreement does not fall within the meaning of Section , 10295 of Chapter 2 of Part 2 of Division 2 of the Public Contract Code of the State of California and pursuant to 58 OPS Cal. Atty. Gen 586, is exempt from review or approval of the Dept. of General Services and the Dept. of Finance
EXHIBIT 1
City Council
10 –
3 8/15/2023
Signature of EDD Accounting Officer
Budgelllem: 7100
Chapter:
Fund: 0869
Statute: 2022
Budgetary Attachment: Yes
FY: 22/23
EXHIBIT 1
City Council
10 –
4 8/15/2023
SUBGRANT AGREEMENT SUBGRANT NO:AA311027
FUNDING DETAIL SHEET MODIFICATION NO:4
Santa Ana Workforce Development Board
Funding Source
WIA/WIOA 25% - Dislocated Worker
Rapid Response
,96213 292 Rapid Response Layoff
Aversion
:07/01/2022 to 06/30/2023 Prag/Element
; 61/70 Ref 0.01 Fed �atlg 17.278
'98423 293 Rapid Response Layoff
Aversion
10/01/2022 to 06/30/2023 Prog/Element ,
: 61/70 Ref001 FedCatlg 17 .. 278
:96213 540 Rapid Response by Formula
07/01/2022 to 06/30/2023 Prag/Element:
i 61/7QHef001 Fed Catlg 17 .. 278
198423 541 Rapid Response by Formula
10/01/2022 to 06/30/2023 Prog/Element i
61/70 Ref 001. Fed Catlg 17.278
. Totai'WIANVi°OA.25% - Dislocated;
. .. Wo.rker Rapid Response,
;WIA/WIOA Formula
[96153 201Adult Formula RD 1
1)7/01/2022 to 06/30/2024 Prag/Element:
! 61/9Q_Ref 001 Fe_d_Catlg 17.258
,98283 202 Adult Formula Rd 2
!10/01/2022 to 06/30/2024
i 61/90 Ref 101 FedCatlg 17.258
;951 o:f301 Youth Formula Rd 1 .
b4101/2022 to 06/30/2024 Prag/Element!
i .61/90 Ref 101 Fed Catlg 1.7.259
196203 56fbisiocated Worker Rd 1
!07/01/2022 to 06/30/2024 Prag/Element•
: 61/90 Ref 101 Fed Catlg 17.278
\98213 502bislocateciWorker Rd 2 . i
10/01/2022 to 06/30/2024 Prog/Element;
61/90 Ref 101 _Fed Catlg 1.7.27.8
Total WIA/WIOA Formula!
WiAIWIOA National Emergency Grant
90403 1262 2022 QI.JEST Disaster
Recovery NDWG - Workforce Dev
:10/01 /2022 to 09/30/2024 Prag/Element
62/10 Ref001 Fed Catlg 17.277
Total WIA/WIOA National Emergency·
Grant
Grand Total:
I. Allocation
Prior Amount Increase Decrease
$12,814.00 $0.00
$50,909.00; $0.00
'
$43,558.oo: $0.00:
$173,047.00 $0.00
$280,328.00' $0.00
. $154,497.00 $0.00
$690,424.00 $0.00
$881,063. oo; $0.00
$129,043.00, $0.00
$515,547.00 $0.00
$2,370,574.00: $0.00
$0.00 $360,000.00
$0.00 $360,000.00
$2,650,902.00, $360,000.00
All references are to the Workforce Innovation and Opportunity Act of 2014, Title I, unless otherwise noted. For modifications purposes only. All other terms and conditions of this exhibit $0.00
$0.00
$0.00
$0.00i
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Adjusted
Allocation
$12,814.00
$50,909.00
$43,558.00
$173,047.00
$280,328.00
$154,497.00
$690,424.00
$881,063.00
$129,043.00
$515,547.00
$2,370,574.00
$360,000.00
$360,000.00
$3,010,902.00
EXHIBIT 1
City Council
10 –
5 8/15/2023
SUBGRANT NO:AA311027
MODIFICATION NO: 4
NARRATIVE
SUBRECIPIENT:Santa Ana Workforce Development Board
FAIN NO: DW-39209-22-60-A-6
FEDERAL AWARD DATE:
FUNDING SOURCE: 2022 QUEST Disaster Recovery NDWG - Workforce Dev - 1262 TERM OF THESE FUNDS: 10/01/2022 - 09/30/2024
:u��-�i i��ct; -�ctci�ci-by ii,i; ��cii·li·;�"ti"�� i� ii�it;ct -t�-ih·i; -p�ri�ci -��ci.:
: additionally limited by the recapture provisions applicable to this :funding source. The state may at its discretion recapture funds :obligated under this exhibit, if expenditure plans are not being met. ' ' -----·--·······-·····----------------------------------------
PROGRAM NARRATIVE
The purpose of this modification is to incorporate $360,000.00 of National Dislocated Worker Grant funding to the 2022 QUEST Disaster Recovery NDWG - Workforce Development project in grant code 1262. The term of these funds are October 1, 2022 to September 30, 2024. Note: By accepting these funds you agree to all of the Terms and Conditions issued by the Department of Labor for the Quality Jobs, Equity Strategy, and Training (OU EST) Disaster Recovery National Dislocated Worker Grant (DWG). The Terms and Conditions are included in the
transmission of this modification.
:i-iii; ��tiibii �ciei� i�
-��ci ci-��� �-�t-(a"p1���-t;;,; i�(�;-��ci ·;��ctiii�-�; �i �-�,; �ih;; ��ii1bii -i��i�ei;ci -i�-ttii� .... :agreement which terms and conditions remain in full force and effect. , __ _ ------ -------- - -·- --- -- - ---- ----- - -------- --- -- ------- - --------------- -- ------ --- ---- ------ WIOA (2015)
EXHIBIT 1
City Council
10 –
6 8/15/2023
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/8 /17 /20 /58 /55 /52 /i255 /15 /5 /20 /21 /58 /52 /i255 /22 /23 /5 /i255 /56 /3 /4 /21 /17 /65 /22 /58 /1 /5 /i255/12/17/18 /70 /1 /18 /i255 /15 /65 /58 /3 /2 /3 /58 /3 /1 /4 /i255 /7 /18 /17 /62 /18 /22/19/i255/15 /21 /21 /17 /65 /22 /58 /3 /17 /23 /4 /i255 /100 /i255 /7 /18 /17 /62 /18 /22/19/i255/8 /1 /22 /18 /i255 /9 /53 /9 /9 /10 /9 /11 /68 /0 /1 /2 /3 /4 /1 /5 /69 /i255 /68 /101 /60 /94 /101 /69 /12/17/18 /70 /59 /17 /18 /65 /1 /i255 /13 /23 /23 /17 /2 /22 /58 /3 /17 /23 /i255 /22 /23 /5 /i255 /14 /57 /57 /17 /18 /58 /20 /23 /3 /58 /49 /i255 /15 /65 /58 /i255 /68/12/13/14 /15 /69 /i255 /16 /20 /23 /5 /3 /23 /62 /i255 /75 /55 /22 /18 /58 /i255 /94 /16 /8 /i255 /9 /53 /9 /9 /10 /9 /11 /i255 /68 /0 /1 /2 /3 /4 /1 /5 /69 /i255 /68 /101 /60 /94 /101 /69 EXHIBIT 2
City Council
10 –
7 8/15/2023
Workforce Innovation and Opportunity Act
Youth, Adult, and Dislocated Worker Activities Final Allocations Program Year 2022 ‐ 2023 (Revised)
Attachment 1
Local Area Youth Adult
Dislocated
Worker Adult
Dislocated
Worker Grand Total
Alameda $1,892,566 $334,030 $471,055 $1,492,726 $1,881,931 $6,072,308 Anaheim City $846,357 $150,580 $162,812 $672,915 $650,456 $2,483,120 Contra Costa $1,758,156 $308,008 $419,479 $1,376,438 $1,675,877 $5,537,958 Foothill $684,815 $124,890 $122,721 $558,113 $490,287 $1,980,826 Fresno $6,362,455 $1,112,345 $923,886 $4,970,885 $3,691,054 $17,060,625 Golden Sierra $837,212 $154,026 $221,560 $688,316 $885,164 $2,786,278 Humboldt $341,600 $53,102 $55,151 $237,305 $220,336 $907,494 Imperial $3,130,644 $562,173 $482,301 $2,512,256 $1,926,860 $8,614,234 Kern, Inyo, and Mono $6,049,887 $1,070,351 $884,195 $4,783,219 $3,532,482 $16,320,134 Kings $872,130 $171,681 $133,250 $767,215 $532,352 $2,476,628 Los Angeles City $15,291,932 $2,715,991 $2,158,254 $12,137,306 $8,622,536 $40,926,019 Los Angeles County $13,468,208 $2,334,560 $1,876,055 $10,432,752 $7,495,107 $35,606,682 Pacific Gateway $2,000,359 $336,771 $261,695 $1,504,975 $1,045,509 $5,149,309 Madera $836,147 $151,387 $121,398 $676,524 $485,003 $2,270,459 Merced $1,923,878 $330,587 $272,962 $1,477,339 $1,090,520 $5,095,286 Mother Lode $320,569 $69,244 $71,223 $309,440 $284,547 $1,055,023 Monterey $2,242,110 $404,427 $437,246 $1,807,319 $1,746,859 $6,637,961 Workforce Alliance of the
North Bay $945,302 $177,453 $218,702 $793,009 $873,746 $3,008,212 North Central Counties
Consortium $1,403,025 $248,029 $223,095 $1,108,402 $891,295 $3,873,846 NoRTEC $2,413,851 $439,923 $393,622 $1,965,941 $1,572,576 $6,785,913 NOVA $1,496,149 $274,841 $430,118 $1,228,219 $1,718,380 $5,147,707 Oakland City $1,200,290 $226,992 $220,808 $1,014,390 $882,158 $3,544,638 Orange $3,973,723 $695,562 $1,005,593 $3,108,353 $4,017,484 $12,800,715 Richmond City $322,583 $60,467 $57,728 $270,219 $230,632 $941,629 Riverside $6,498,138 $1,122,040 $1,240,049 $5,014,208 $4,954,170 $18,828,605 Sacramento $3,705,432 $656,088 $710,803 $2,931,947 $2,839,760 $10,844,030 Santa Ana City $881,063 $154,497 $129,043 $690,424 $515,547 $2,370,574 Santa Barbara $1,266,992 $163,223 $203,952 $729,416 $814,818 $3,178,401 San Benito $212,325 $37,438 $45,756 $167,305 $182,801 $645,625 San Bernardino $5,857,395 $1,014,443 $995,975 $4,533,376 $3,979,060 $16,380,249 South Bay $2,014,414 $369,381 $361,021 $1,650,701 $1,442,328 $5,837,845 Santa Cruz $1,026,773 $164,771 $192,763 $736,334 $770,113 $2,890,754 San Diego $7,186,758 $1,249,065 $1,437,152 $5,581,863 $5,741,630 $21,196,468 SELACO $1,570,491 $275,963 $255,735 $1,233,233 $1,021,697 $4,357,119 San Francisco $1,496,438 $293,664 $405,839 $1,312,335 $1,621,384 $5,129,660 San Joaquin $3,276,590 $574,141 $519,656 $2,565,739 $2,076,099 $9,012,225 San Jose ‐ Silicon Valley $2,255,378 $398,827 $520,225 $1,782,291 $2,078,374 $7,035,095 San Luis Obispo $614,906 $84,886 $98,539 $379,343 $393,677 $1,571,351 Solano $1,018,898 $190,141 $214,850 $849,710 $858,358 $3,131,957 Sonoma $860,204 $151,735 $192,063 $678,080 $767,319 $2,649,401 Stanislaus $2,660,840 $470,970 $414,903 $2,104,685 $1,657,594 $7,308,992 Tulare $4,026,603 $705,586 $585,227 $3,153,148 $2,338,066 $10,808,630 Verdugo $1,003,582 $192,453 $186,406 $860,041 $744,717 $2,987,199 Ventura $1,667,494 $286,875 $397,924 $1,281,997 $1,589,762 $5,224,052 Yolo $656,451 $91,128 $106,597 $407,237 $425,869 $1,687,282 Total $120,371,113 $21,154,735 $20,839,387 $94,536,989 $83,256,294 $340,158,518 Round 1 Round 2
EXHIBIT 2
City Council
10 –
8 8/15/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Prison to Employment Program
AGENDA TITLE
Agreement with the State of California Workforce Development Board for the Prison to Employment (P2E) 2.0 Grant
RECOMMENDED ACTION
Authorize the City Manager or designee to execute an agreement with the State of California Workforce Development Board for the Prison to Employment 2.0 Grant, for a term from August 16, 2023 through December 31, 2025, in an amount not to exceed $927,341.16, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Since 2018, the California Workforce Development Board (CWDB), the State of California’s agent for the oversight and continuous improvement of California’s workforce development system, has engaged in a formal partnership with the California Department of Corrections and Rehabilitation (CDCR) and California Prison Industry Authority (CalPIA) with the goal of improving labor market outcomes of the state’s justice-involved and formerly incarcerated populations.
The CWDB is providing State general funds for the implementation of regional programs to serve the formerly incarcerated and other justice-involved individuals in California.
This funding is referred to as the Prison to Employment (P2E) 2.0 grant. The Corrections-Workforce Partnership, which is a multi-agency effort, seeks to provide the state’s 15 Regional Planning Units (RPUs) with resources that will enable them to better serve this population by fostering partnerships between RPUs, CDCR reentry service providers, CDCR Division of Adult Parole Operations, CDCR Division of Rehabilitative Programs, county probation departments, employers, and community-based organizations (CBOs). The Prison to Employment (P2E) 2.0 program is intended to support regional efforts, and provide resources for direct employment and supportive services to the formerly incarcerated and other justice-involved individuals P2E 2.0 funds were awarded to the Orange RPU. Serving 34 cities and multiple large unincorporated areas in Orange County, the Orange RPU collaborates with partners to build on the region’s strengths, address challenges, and expand opportunities for community members and businesses that fuel economic vitality. The Orange RPU
City Council
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1 8/15/2023
Prison to Employment Program
August 15, 2023
3 6
4 1
leads the region’s vision for a future-ready workforce that is better skilled, trained, and prepared to keep industries competitive, communities thriving, and the economy growing. The Orange RPU is composed of the City of Anaheim, County of Orange, and the City of Santa Ana Workforce Development Boards (WDBs). As it pertains to this grant, the City of Santa Ana will be the fiscal agent.
In April, the City received notice that the Orange RPU was awarded a total of $927,341.16. The P2E grant requires a partnership with community-based organizations (CBOs) that serve the formerly incarcerated and other justice-involved individuals, and reentry service providers. Memorandums of Understanding are encouraged with the CDCR’s Division of Adult Parole Operations, County Probation, and other reentry providers. Staff is preparing to procure workforce services to implement the strategies authorized in the grant and will bring agreements back to the City Council for approval in the near future.
The Prison to Employment grant intends to serve a minimum of 84 individuals who were formerly incarcerated or under County Probation or State Parole supervision.
Depending on the outcome of a workforce strategies assessment, individuals will be served through on the job training, or vocational training that leads to industry recognized certificates, or direct placement by using a wraparound case management coordinated with CBOs and the region’s three Workforce Development Boards.
Coordination of referrals will take place at pre-release at county jails and post release through deployment of staff at probation and parole offices located throughout the county.
FISCAL IMPACT
Revenue for this grant has been budgeted in Fiscal Year 2023-24 in the Prison to Employment Program, Reserve Appropriation account (no. 14418002-59011). The same amount has been budgeted in the Prison to Employment, various expenditure account (no. 14418760-6xxxx). Any remaining balances not expended at the end of the Fiscal Year 2024-25 will be presented to the City Council for approval of carryovers to FY 2025-26.
Fiscal Year Accounting Unit -
Account #
Fund
Description
Accounting Unit,
Account Description Total
FY 23-24 14418760-6xxxx Prison to
Employment
Prison to Employment,
Various $140,695.00
FY 23-24 14418760-69135 Prison to
Employment
Prison to Employment,
Payment to Subagent $562,790.00
FY 24-25 14418760-6xxxx Prison to
Employment
Prison to Employment,
Various $44,760.00
FY 24-25 14418760-69135 Prison to
Employment
Prison to Employment,
Payment to Subagent $179,096.16
TOTAL $927,341.16
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2 8/15/2023
Prison to Employment Program
August 15, 2023
3 6
4 1
EXHIBIT(S)
1. Prison to Employment Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
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3 8/15/2023
SCOID: 7120-M904627120
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ,-------------�-------------�
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER
M90462-7120
PURCHASING AUTHORITY NUMBER (If Applicable)
EDD-7100
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Workforce Development Board
CONTRACTOR NAME
Santa Ana Workforce Development Board
2. The term of this Agreement is:
START DATE
April 1, 2023, or upon final approval, whichever is later
THROUGH END DATE
December 31, 2025
3. The maximum amount of this Agreement is:
$927,341.16 Nine Hundred Twenty-Seven Thousand Three Hundred Forty-One Dollars and Sixteen Cents
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Attachment Budget Summary 8-1
+ Attachment - Budget Narrative 8-2
+ Attachment - Supplemental Budget - --8-3--
+ Exhibit C* General Terms and Conditions
+ Exhibit D Special Terms and Conditions -
+ Exhibit E Solicitation Background -
Items shown with an asterisk(*), are hereby mcorporated by reference and made part of this agreement as 1f attached hereto.
These documents can be viewed at https:l/www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) Santa Ana Workforce Development Board
CONTRACTOR BUSINESS ADDRESS
801 W. Civic Center Plaza #200
CITY
Santa Ana
GTC 04/2017
ISTATE
CA
1 2
1 3
2 4
1 Pages
I
ZIP
92701
PRINTED NAME OF PERSON SIGNING
K
ristine Ridge
CONTRACTOR AUTHORIZED SIGNATURE
TITLE
City Manager
DATE SIGNED
EXHIBIT 1
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EXHIBIT 1
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5 8/15/2023
EXHIBIT 1
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6 8/15/2023
EXHIBIT 1
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7 8/15/2023
EXHIBIT 1
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8 8/15/2023
EXHIBIT 1
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9 8/15/2023
EXHIBIT 1
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10 8/15/2023
EXHIBIT 1
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11 8/15/2023
EXHIBIT 1
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12 8/15/2023
EXHIBIT 1
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13 8/15/2023
EXHIBIT 1
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14 8/15/2023
EXHIBIT 1
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15 8/15/2023
EXHIBIT 1
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16 8/15/2023
EXHIBIT 1
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17 8/15/2023
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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27 8/15/2023
EXHIBIT 1
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28 8/15/2023
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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35 8/15/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Authorize a Purchase and Sale Agreement in the Amount of $3,826,000 for Full Real Property Acquisition for 28 Civic Center Plaza (Property Owner: State of California)
AGENDA TITLE
Authorize a Purchase and Sale Agreement in the Amount of $3,826,000 for Full Real Property Acquisition for 28 Civic Center Plaza (Property Owner: State of California) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 28 Civic Center Plaza (APN: 008-067-36), in the amount of $3,826,000 plus closing costs and escrow fees, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana has been in discussions with the State of California for the acquisition of State surplus property at 28 Civic Center Plaza (APN 008-067-36) for the future modernization of the Santa Ana Civic Center. The nine-story building, which is 128,010 square feet in size and situated on 0.5 acres (underlying land and building hereinafter “State Building”), is surrounded by the Santa Ana City Hall and other City- owned property (Exhibit 1).
To assist with the acquisition of the State Building, the State of California Department of Parks and Recreation-authorized grant (Project # SG-30-026 "Modernization of the Santa Ana Civic Center") provides funds in the amount of $9,000,000 to the City of Santa Ana for the modernization of the Santa Ana Civic Center. The Purchase and Sale Agreement (Exhibit 2) establishes the purchase price for the State Building at $3,826,000, the fair market value, based on an appraisal conducted on December 29, 2022.
Currently, modernization efforts have begun throughout the Civic Center campus, which is generally bounded by Civic Center Drive on the north, Sycamore Street on the east, 3rd Street on the south, and Shelton Street on the west. Development projects by the City and other agencies within the Civic Center campus include a $400 million investment by the County of Orange for a new headquarters, a $500 million multi- agency investment for the OC Streetcar (Orange County’s first modern streetcar), and a
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28 Civic Center Plaza Purchase Agreement
August 15, 2023
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$34.5 million investment by the City for the transformation of the city’s main public library.
Additionally, in an effort for parcel consolidation for the Santa Ana Civic Center, the City recently acquired approximately 2.2 acres from the County of Orange via a land exchange. This newly acquired area includes the Plaza of the Flags and a Japanese Garden. With this land swap completed, the next step towards a Santa Ana Civic Center modernization is the acquisition of the State-owned property.
The acquisition of the State Building represents Santa Ana Civic Center updates that started in 2019. An Inter-Departmental team is currently coordinating the disposition and schedule of performance for the State Building. Additional activities may include an assessment of the parking facilities, utilities, and other improvements adjacent to the State Building. Inter-Departmental planning meetings will begin in late 2023 with an analysis of the City’s employee space needs, facility assessments, parking improvement studies, financing plans, and a Santa Ana Civic Center Master Plan.
FISCAL IMPACT
Funds in the amount of $3,900,000 (for the purchase, closing costs, escrow fees, and any other costs through disposition) are available in the Modernization of SA Civic Center, Buildings & Building Improvements account (no. 41818833-66200) in FY 2022-
23. These funds will be included in the proposed FY 2023-24 carryover of unspent funds and will be presented to the City Council in September 2023.
Fiscal
Year
Accounting Unit-
Account Fund Description Accounting Unit, Account
Description Amount
FY 23-24 41818833-66200 CDA Capital Projects Modernization of SA Civic Center, Buildings & Building Imp. $3,900,000
Total Expenditures $3,900,000
EXHIBIT(S)
1. Location Map
2. Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
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EXHIBIT 1
L
OCATION MAP
City Property State Building
28 Civic Center Plaza
Main
Library
City Hall
Plaza
of the
Flags
Japanese
Garden
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AGREEMENT OF PURCHASE AND SALE
AND INITIAL ESCROW INSTRUCTIONS
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
[Santa Ana Office Building]
This Agreement of Purchase and Sale and Initial Escrow Instructions ("Agreement"), dated for reference purposes only as July 7, 2023, is entered into by and between CITY OF S
ANTA ANA, a California charter city and municipal corporation, ("Buyer"), and THE STATE OF CALIFORNIA, acting by and through its DEPARTMENT OF GENERAL SERVICES (the "State"). State and Buyer are each referred to as a “Party” and collectively as the “Parties”.
Recitals
A. S tate is the owner of certain property consisting of approximately 0.46 acres, together with improvements totaling approximately 128,010 square feet made thereon (the “Improvements”), or in any other real or personal property tangible or intangible, located at 28 Civic Center Plaza, Santa Ana (“City”), County of Orange (“County”), State of California, Assessor’s Parcel No(s).: 008-067-36, and is legally described and depicted in Exhibits A and B attached hereto and made a part hereof (the “Property”).
B. The Agre ement contemplates that the Property is being sold by the State as surplus property pursuant to the provisions of Chapter 430 of the Statutes of 2018, and in accordance with California Government Code Section 11011 et seq.
C. B uyer desires to purchase the Property from State and State desires to sell the Property to Buyer upon the terms, conditions and provisions set forth in this Agreement.
NOW THEREFORE, in consideration of the above recitals, all of which are expressly incorporated into this Agreement, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
Agreement
1. P urchase and Sale. State agrees to sell and convey to Buyer, and Buyer agrees to purchase and accept from State, the Property on the terms and subject to the conditions set forth in this Agreement. For the purpose of this Agreement, the date on which Escrow Holder acknowledges in writing receiving a fully executed copy of this Agreement shall be hereinafter referred to as the "Effective Date."
2. P urchase Price. The purchase price ("Purchase Price") for the Property shall be THREE MILLION EIGHT HUNDRED TWENTY-SIX THOUSAND AND NO/100THS DOLLARS ($3,826,000.00).
3. P ayment of Purchase Price. The Purchase Price shall be payable by Buyer to State as follows:
[PSA-Hanford Armory 6.3.20]
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(a.) Deposit; Release of Deposit; Non-Refundability. Buyer has provided State with a cashier’s check in the amount of ZERO AND NO/100THS DOLLARS ($0,00) (“Initial Deposit”). No later than two (2) business days after the Effective Date, Buyer shall deposit with Commonwealth Land Title, located at 4100 Newport Drive, Suite 120, Newport Beach, CA 92660, Attention: Grace Kim (Escrow No. 09186192) ("Escrow Holder").. Buyer and State agree that the l Deposit t shall be non-refundable to Buyer once made unless (i) this transaction is not consummated solely as a result of State's default (ii) failure of a condition to Closing for the benefit of Buyer as set forth in Section 7(a) below, or (iii) a casualty to the Property or any condemnation proceeding as set forth in Section 18 below. If Buyer fails to deliver the Deposit within the two (2) business day period, then such failure shall be deemed a Buyer default and this Agreement may terminate and, except as otherwise provided in this Agreement, State and Buyer will have no further obligations or rights to one another under this Agreement.
(b.) Balance of Purchase Price. On or before the Close of Escrow, Buyer shall deposit with Escrow Holder the Purchase Price, in immediately available funds, which shall be paid to State at Close of Escrow.
(c.) Time of the Essence. Time shall be of the essence with respect to Buyer's obligations to pay any funds under this Agreement.
4. Escrow.
(a.) Opening of Escrow. Escrow has been opened with Escrow Holder by State ("Escrow"). Buyer and State agree to execute and deliver to Escrow Holder, in a timely manner, all escrow instructions necessary to consummate the transaction contemplated by this Agreement. The State will submit supplemental escrow instructions before the close of escrow.
Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. Escrow Holder shall, upon receipt of a fully executed copy of this Agreement, sign and date the Receipt by Escrow Holder attached hereto, and distribute it to all parties listed in the "Notices" sections of the Agreement. (b.) Close of Escrow. For the purpose of this Agreement, the "Close of Escrow" shall be defined as the date that the Quitclaim Deed (as defined in Section 5, below) is recorded in the Official Records of the County. The Close of Escrow shall occur no later than thirty (30) days after the end of the Contingency Period (as defined in Section 7 (a) (ii), below).
5. Conditions of Title. The Property shall be conveyed to Buyer by State by a quitclaim deed, in the form as set forth in Exhibit C ("Quitclaim Deed"), subject only to (a) a lien to secure payment of real estate taxes and assessments, not delinquent; (b) the lien of current supplemental taxes, not delinquent; (c) such other title matters affecting the Property created by or with the written consent of Buyer; (d) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use, and Chapter 430 of the Statutes of 2018, and in accordance with California Government Code Section 11011 et seq.) affecting the development, use, occupancy or enjoyment of the Property; (e) all matters which would be apparent from an inspection of the Property; (f) all matters which EXHIBIT 2
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would be disclosed by a survey of the Property; and (g) exceptions which are approved and/or accepted by Buyer in accordance with Section 7(a)(i) of this Agreement (collectively, "Approved Conditions of Title").
6. Title Policy. Title shall be evidenced by Escrow Holder's title insurance underwriter ("Title Company") issuing its standard California Land Title Association ("CLTA") Owner's Policy of Title Insurance to Buyer in an amount equal to the Purchase Price, showing title to the Property vested in Buyer, subject only to the Approved Conditions of Title ("Title Policy"). Buyer shall pay the expense of issuing the Title Policy. If Buyer elects to have Escrow Holder issue its American Land Title Association ("ALTA") Extended Coverage Owner's Policy of Title Insurance, Buyer shall pay for the expense of such ALTA premium increment and any survey costs associated with such ALTA policy. In addition, Buyer shall pay for any endorsements to the Title Policy. Buyer's ability to obtain an ALTA policy shall not be a condition to the Close of Escrow.
7. Conditions to Close of Escrow.
(a.) Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions (or Buyer's waiver in writing thereof) for Buyer's benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in the absence of a specified date:
(i) Title. Pursuant to the terms and conditions of this subsection, Buyer shall have the right to approve any and all matters of and exceptions to title of the Property, as disclosed by the following documents and instruments (collectively, "Title Documents"): (A) a Preliminary Report issued by Escrow Holder with respect to the Property; and (B) legible copies of all documents, whether recorded or unrecorded, referred to in such Preliminary Report. State shall cause Escrow Holder to deliver the Title Documents to Buyer within five (5) calendar days following the Effective Date. Buyer shall have ten (10) calendar days following the Effective Date to give State and Escrow Holder written notice ("Buyer's Title Notice") of Buyer's approval or disapproval of the Title Documents. The failure of Buyer to give Buyer's Title Notice to State within the specified time period shall be deemed Buyer's approval of the Title Documents. In the event that Buyer's Title Notice disapproves of any matter of title shown in the Title Documents, State shall, within seven (7) business days after Buyer's Title Notice is received by State, give Buyer written notice ("State's Title Notice") of those disapproved title matters, if any, which State is unwilling or unable after reasonable and good faith efforts to have eliminated from title to the Property by the Close of Escrow. If State's Title Notice refuses to remove any items disapproved by Buyer, or fails to deliver State's Title Notice, Buyer’s sole remedy shall be to (i) proceed with the transaction contemplated hereby despite such objections, which shall thereupon irrevocably be deemed to have been withdrawn, or (ii) terminate this Agreement. Failure of Buyer to take either one of the actions described in clause (i) or (ii) in the previous sentence shall be deemed to be Buyer's election to take the action described in clause (i). If this Agreement is terminated pursuant to this Section 7(a)(i), Buyer shall comply with the terms of Section 22(n), and, except as otherwise provided in this Agreement, State and Buyer will have no further obligations or rights to one another under this Agreement;
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(ii) Inspections and Studies/Costs. For the period of time commencing on the Effective Date and ending at 5:00 p.m. (PST) on the sixty (60) calendar day thereafter ("Contingency Period"), Buyer shall have the right to conduct any and all non-destructive inspections, investigations, tests and studies (including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports, environmental testing and investigations to determine if all needed entitlements can be procured in an acceptable form to develop Buyer's intended development) with respect to the Property as Buyer may elect to make or maintain. Nothing herein shall authorize any subsurface testing or drilling on the Property by Buyer or its environmental consultants unless specifically approved in writing by State, which State may condition or deny in its sole and absolute discretion. The cost of any such inspections, tests and/or studies shall be borne by Buyer. If Buyer desires to conduct invasive testing at the Property, Buyer and State shall enter into State’s invasive testing entry license to facilitate such testing.
(iii) Right of Entry; Indemnification. Between the Effective Date and the Close of Escrow (provided that Buyer approves the Property prior to the expiration of the Contingency Period), Buyer and Buyer's employees, agents, contractors, subcontractors and consultants (collectively, "Buyer's Representatives") shall have the right to enter upon the Property, at reasonable times during ordinary business hours, upon notice to State at least three (3) business day prior to entry, to perform such non-destructive inspections, investigations, tests and studies. Buyer, in performing its non-destructive inspections, investigations, tests and studies hereunder shall not unreasonably interfere with the operation of the Property, and agrees to coordinate its activities on the Property with State in advance to avoid any such interference.
Following any such non-destructive tests or inspections, Buyer agrees to promptly return any portions of the Property damaged or altered by Buyer during such tests or inspections to substantially the same condition which existed prior to such test or inspection. In the event Buyer fails to promptly restore Property in accordance with the preceding sentence, State may, in its sole and absolute discretion, restore the Property and all costs and expenses shall be paid immediately by Buyer upon demand by State. Buyer shall indemnify, defend and hold State, including its agencies, departments, boards, commissions, officers, agents, employees and the Property harmless from any and all claims, damages or liabilities arising out of or resulting from the entry onto or activities upon the Property by Buyer or Buyer's Representatives or liens arising from Buyer's due diligence review of the Property. Prior to entry onto the Property by Buyer or Buyer's Representatives, Buyer shall furnish State with a copy of Buyer's or Buyer's Representatives, as applicable, policy of commercial general liability insurance issued by a financially responsible insurance company (at least an A- VI rating in the most recent edition of Best's Insurance Guide), in form and substance acceptable to State and having limits of no less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate and naming State its officers, agents, and employees as additional insured, covering Buyer's entry on the Property, and Buyer's obligations under this Section 7(a)(iii).
(iv) Contingency Period Notice. Prior to the expiration of the Contingency Period, Buyer shall deliver to State and Escrow Holder written notice ("Contingency Period Notice") of its approval or disapproval of the Property and the Documents and Materials (as defined in Section 7(a)(viii) below). The failure of Buyer to timely EXHIBIT 2
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deliver the Contingency Period Notice shall be deemed to constitute Buyer's approval of the Property and the Documents and Materials. In the event Buyer timely delivers the Contingency Period Notice to State disapproving the Property then provided that Buyer has complied with the terms of Section 22(n) below), and, except as otherwise provided in this Agreement, State and Buyer will have no further obligations or rights to one another under this Agreement. If this Agreement is terminated pursuant to this subsection, Buyer shall deliver to State (i) the Documents and Materials delivered to Buyer by State, and (ii) at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans.
(v) Title Insurance. As of the Close of Escrow, Title Company shall have committed to issue the Title Policy to Buyer;
(vi) State's Representations. All representations and warranties made by State to Buyer in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (vii) State's Obligations. As of the Close of Escrow, State shall have performed all of the obligations required to be performed by State under this Agreement; and (viii) Documents and Materials. To assist Buyer in Buyer’s due diligence, on or before May 31, 2023 State delivered to Buyer all of the documents and materials described on Exhibit D attached hereto, to the extent within State's possession or control ("Documents and Materials"). By executing this Agreement, Buyer acknowledges receipt of the Documents and Materials on or before May 31, 2023. State makes no representation concerning the adequacy or accuracy of any of the Documents and Materials. These materials have been furnished solely for the purpose of assisting Buyer in its due diligence, a part of which is Buyer's independent determination as to the reliability and completeness of the information contained therein. If this Agreement is terminated for any reason, Buyer shall deliver to State (1) the Documents and Materials delivered to Buyer by State, and (2) at no cost and without warranty as to correctness, copies of all inspections, investigations, tests and studies that were generated by Buyer and/or by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, studies, maps and engineering studies, lot studies and improvement plans. (b.) Conditions to State's Obligations. The Close of Escrow and State's obligation to consummate the transactions contemplated in this Agreement are subject to the satisfaction of the following conditions (or State's waiver thereof) for State's benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in absence of a specified date:
(i) Buyer's Obligations. Buyer shall have timely performed all of the obligations required to be performed by Buyer under this Agreement; EXHIBIT 2
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(ii) Buyer's Representations. All representations and warranties made by Buyer to State in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (iii) Purchase Price. Buyer shall have timely delivered the Purchase Price and other sums owing under this Agreement in good funds to Escrow Holder and fully, faithfully and timely performed all of its other obligations under this Agreement; (iv) Truthfulness at Close of Escrow. The representations and warranties of Buyer set forth in this Agreement shall be true and correct, on and as of the Close of Escrow as if those representations and warranties were made on and as of such time; (c.) Failure of Condition to Close of Escrow. If the conditions set forth in Section 7(a) or Section 7(b) are not timely satisfied or waived by the appropriate benefited party for a reason other than the default of Buyer or State, this Agreement shall terminate and, except as otherwise provided herein, the Parties shall have no further obligations hereunder.
8. Deposits by State. At least one (1) business day prior to the Close of Escrow, State shall deposit with Escrow Holder the following documents:
(a.) Quitclaim Deed. The Quitclaim Deed, duly executed and acknowledged in recordable form by State, conveying fee simple title to the Property to Buyer, subject only to the Approved Conditions of Title.
(b.) California Franchise Tax Withholding. A certification, acceptable to Escrow Holder, that State is exempt from the withholding provisions of the California Revenue and Taxation Code, as may be amended from time to time, and that neither Buyer nor Escrow Holder is required to withhold any amount from the Purchase Price pursuant to such provisions. (c.) Miscellaneous. Such other documents and instructions as may be reasonably required by the Escrow Holder or Buyer in order to close Escrow in accordance with the terms of this Agreement.
9. Deposits By Buyer. At least one (1) business day prior to the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder the following:
(a.) Purchase Price. The balance of the Purchase Price (as adjusted by the Deposit and prorations provided for herein), in cash or immediately available funds. (b.) Miscellaneous. Such other documents and instructions as may be reasonably required by the Escrow Holder or State in order to close Escrow in accordance with the terms of this Agreement.
10. Costs and Expenses. All costs and expenses, including transfer taxes, title insurance premiums and recording and escrow fees, shall be paid by Buyer.
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11. Prorations.
(a.) Taxes/Assessments. State is exempt from property taxes and none are or will be owing at Close of Escrow.
(b.) Corrections. If any errors or omissions are made regarding adjustments and prorations as set forth herein, the Parties shall make the appropriate corrections promptly upon discovery thereof. If any estimates are made at the Close of Escrow regarding adjustments or prorations, the Party shall make the appropriate correction promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid in cash to the Party entitled thereto.
12. Condition and Inspection of Property. Notwithstanding any other provision of this Agreement to the contrary, State makes no representation or warranty (except as expressly set forth in Section 14, below) whatsoever regarding the Property, the physical condition of the Property, its past use, its compliance with laws (including, without limitation, laws governing environmental matters, zoning, and land use), or its suitability for Buyer's intended use. The Property is sold AS-IS, WHERE-IS, WITH ALL FAULTS, AND THERE IS NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE CONDITION OF THE PROPERTY. Buyer hereby represents and warrants that Buyer is relying solely upon Buyer’s due diligence, and prior to entering into this Agreement and as of the Effective Date has conducted its own independent inspection, investigation, and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from State, including, without limitation, any and all matters concerning the condition, use, sale, development or suitability for development of the Property. State would not sell the Property to Buyer without the foregoing provision and the waiver and release contained in Section 13 hereof.
13. Property Condition Waiver. Notwithstanding any other provision of this Agreement to the contrary, following the Close of Escrow, Buyer waives its right to recover from State, its agencies, departments, boards, commissions, officers, agents, and employees (collectively, "State's Representatives"), and hereby waives, releases and forever discharges State and State's Representatives from, any and all damages, losses, liabilities, costs or expenses whatsoever (including attorneys' fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way arising out of or connected with the Property, including (i) the physical condition, nature or quality of the Property, including geologic conditions, (ii) the quality of the labor and materials included in any buildings or other improvements or fixtures comprising located on the Property (including latent defects), (iii) the presence of asbestos and lead-based paint, (iv) the failure of the Property, including any existing improvements thereon, to comply with any law or regulation applicable thereto, (v) the inaccuracy or incompleteness of plans, drawings, specifications, any documents listed in the Documents and Materials or other documents provided by State, and (vi) the environmental condition of the Property. The foregoing waiver and release shall exclude only those losses, liabilities, damages, costs or expenses, and claims therefor, arising from or attributable to any breach by State of its express representations or warranties under this Agreement. In connection with foregoing waiver and release, Buyer expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows:
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"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
_____________________
Buyer's Initials
14. State's Representations and Warranties. In consideration of Buyer entering into this Agreement, State makes the representations and warranties set forth in this Section 14. For the purpose of this Agreement, without creating any personal liability on behalf of such individual, usage of "to State's actual knowledge," or words to such effect, shall mean the present, actual knowledge of Terry Todd, Department of General Services, Real Estate Services Division, Asset Management Branch, excluding constructive knowledge or duty of inquiry, existing as of the Effective Date. In the event that Buyer, prior to Close of Escrow, becomes aware, from State or otherwise, of any inaccuracy or omission in the disclosures, information, or representations previously provided to Buyer by State or its consultants or agents, which will have a material, adverse impact on Buyer, the Property or the intended use of the Property, Buyer, as its sole option and remedy, may either (i) terminate this transaction and receive a refund of its Deposit made by Buyer, thereby waiving any claims or actions that Buyer may have against State as a result of such inaccuracy or omission, or (ii) proceed with the Close of Escrow hereunder, thereby waiving any rights that Buyer may have against State as a result of such inaccuracy or omission. Buyer agrees that, under no circumstances, shall Buyer be entitled to purchase the Property hereunder and then bring any claim or action against State for damages as a result of such inaccuracy or omission, except if such inaccuracy or omission is based on fraud or intentional misrepresentation by State. The representations and warranties of State set forth in this Section 14 shall survive the Close of Escrow for a period of six (6) months. (a.) State's Authority. State is the sole owner of fee title to the Property and has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement. Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by State is required in order to make it a valid and binding contractual obligation of State.
(b.) No Prior Transfers. Except as disclosed in the Documents and Materials, Title Documents and this Agreement, State has not previously sold, transferred or conveyed the Property, or granted to any other person or entity any right or interest in all or any part of the Property and State has not entered into any executory contracts for the sale of all or any part of the Property (other than this Agreement), nor do there exist any rights of first refusal or options to purchase the Property, other than this Agreement.
(c.) Legal Actions. There is no pending lawsuit or, to the actual knowledge of State, threatened suit, action, arbitration, legal, administrative or other proceeding or governmental investigation, which affects the Property.
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(d.) Surplus Property Sale. The Property is being sold by State pursuant to the provisions of Chapter 430 of the Statutes of 2018, and in accordance with California Government Code Section 11011 et seq.
15. State's Disclosures.
(a.) Existing Building and Infrastructure. There is a , nine story structure and infrastructure totaling 128,010 square feet located on the Property. The State took ownership of the Property in 1975. Buyer shall be solely responsible for all costs and expenses associated with all of the following: (i) repairs, improvements, modifications or alterations of any existing improvements or infrastructure located on and beneath the Property (ii) demolition and removal of any existing improvements and infrastructure located on and beneath the Property (iii) all Hazardous Material that may exist now or be discovered in the future, including any environmental cleanup, remediation and mitigation measures that may be required on the Property by any governmental agency (iv) all Hazardous Material that may exist now or be discovered in the future, including any environmental cleanup, remediation and mitigation measures that may be required by any governmental agency in relation to or arising out of Buyer’s demolition, removal, modification, alteration or repair of any existing improvement or infrastructure located on and beneath the Property, and (v) all Hazardous Material that may exist now or be discovered in the future, including any environmental cleanup, remediation and mitigation measures that may be required by any governmental agency in relation to or arising out of Buyer’s intended use and development of the Property.
16. Buyer's Representations and Warranties. In consideration of State entering into this Agreement and as an inducement to State to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by State (the continued truth and accuracy of which constitutes a condition precedent to State's obligations hereunder):
(a.) Buyer's Authority. Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement. (b.) Enforceability. This Agreement and all documents required hereby to be executed by Buyer are and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms.
(c.) Conflicting Documents. Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the occurrence of the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party.
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(d.) No Side Agreements or Representations. Buyer represents, warrants and covenants to State that Buyer has entered into this Agreement based upon its rights and intentions to independently inspect the Property. Except as specifically provided in Section 14 of this Agreement, State makes no representation or warranty regarding the condition of the Property, its past use, or its suitability for Buyer's intended use. Buyer will be relying solely upon its own independent inspection, investigation, and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from State, including, without limitation, any and all matters concerning the condition, use, sale, development or suitability of the Property.
(e.) No Attachments. There are no attachments, executions or assignments for the benefit of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor-relief laws pending or, to the best of Buyer's knowledge, threatened against Buyer. (f.) Experienced Developer. Buyer is an experienced developer of sophisticated real estate property and is familiar with the kinds of land use and development issues that typically impact the use or developability of property for Buyer’s intended uses.
17. [Intentionally Deleted]
18. Damage or Condemnation Prior To Closing. State shall promptly notify Buyer of any casualty to the Property or any condemnation proceeding considered or commenced prior to the Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any "material portion" (as defined herein) of the Property, State or Buyer may, each at its option, elect either to (i) terminate this Agreement, in which event the Deposit shall be returned to Buyer and neither party shall have any further rights or obligations hereunder, or (ii) continue the Agreement in effect, in which event upon the Close of Escrow, Buyer shall be entitled to any compensation, award, or other payments or relief, if any, resulting from such casualty or condemnation proceedings. The term "material portion" shall mean damages greater than TWO HUNDRED THOUSAND AND NO/100THS DOLLARS ($200,000.00). The return of the Deposit under this Section 18 shall be paid to Buyer out of any compensation, award, or other payments or relief resulting from such casualty or condemnation proceedings.
19. Notices. All notices, demands, consents, requests or other communications required to or permitted to be given pursuant to this Agreement shall be in writing, shall be given only in accordance with the provisions of this Section, shall be addressed to the parties in the manner set forth below, and shall be conclusively deemed to have been properly delivered: (a) upon receipt when hand delivered during normal business hours (provided that, notices which are hand delivered shall not be effective unless the sending party obtains a signature of a person at such address that the notice has been received); (b) upon receipt when sent by email to the email address set forth below (provided that, notices given by email shall not be effective unless the sending party delivers the notice also by one other method permitted under this Section); (c) upon the day of delivery if the notice has been deposited in an authorized receptacle of the United States Postal Service as first-class, registered or certified mail, postage prepaid, with a return receipt requested (provided that, the sender has in its possession the return receipt to prove actual delivery); or (d) one (1) business day after the notice has been deposited with either Golden State Overnight, FedEx or United Parcel Service to be delivered by overnight delivery EXHIBIT 2
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(provided that, the sending party receives a confirmation of actual delivery from the courier).
The addresses of the parties to receive notices are as follows:
TO STATE:
Terry Todd
Asset Management Branch
Department of General Services
State of California
707 Third Street, 5th Floor MS-501
West Sacramento, CA 95605
Email: [email protected]
TO BUYER:
City of Santa Ana
20 Civic Center plaza M-25
City of Santa Ana, CA 92701
Attention: Kristine Ridge, City Manager
Email: [email protected]
TO ESCROW HOLDER:
Commonwealth Title
4100 Newport Place Drive, Suite 120
Newport Beach, CA 92660
Attention: Grace Kim (Escrow No. 09186192)
Email: [email protected]
Each party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this Section 19, and that any person to be given notice actually receives such notice. Any notice to a party which is required to be given to multiple addresses shall only be deemed to have been delivered when all of the notices to that party have been delivered pursuant to this Section. If any notice is refused, the notice shall be deemed to have been delivered upon such refusal. Any notice delivered after 5:00 p.m. (recipient's time) or on a non-business day shall be deemed delivered on the next business day.
A party may change or supplement the addresses given above, or designate additional addressees, for purposes of this Section by delivering to the other party written notice in the manner set forth above.
20. Brokers. State represents and warrants to Buyer, and Buyer represents and warrants to State, that no broker or finder has been engaged by them in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. Buyer shall indemnify, protect, save harmless and defend State from any liability, cost, or expense connected with any claim for any commission or compensation made by any person or entity claiming to have been retained or contacted by EXHIBIT 2
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Buyer in connection with this transaction. State shall indemnify, save harmless and defend Buyer from any liability, cost, or expense arising out of or connected with any claim for any commission or compensation made by any person or entity claiming to have been retained or contacted by State in connection with this transaction. This indemnity provision shall survive the Closing or any earlier termination of this Agreement.
21. Assignment. Buyer shall not assign its right, title, or interest in this Agreement to any other party without the prior written consent of State, which determination may be withheld in State's sole and absolute discretion.
22. Miscellaneous.
(a.) Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. (b.) Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which shall be extended by a period of time equal to the period of the delay.
(c.) Survival. All of the Buyer's and State's warranties, indemnities, representations, covenants, obligations, undertakings and agreements contained in this Agreement shall survive the Close of Escrow of the Property, and the execution and delivery of this Agreement and of any and all documents or instruments delivered in connection herewith; and no warranty, indemnity, covenant, obligation, undertaking or agreement herein shall be deemed to merge with the Quitclaim Deed for the Property. (d.) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the grantees, transferees, successors and permitted assigns of the Parties hereto.
(e.) Entire Agreement. This Agreement (including all Recitals and Exhibits attached hereto), is the final expression of, and contains the entire agreement between, the Parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. The Parties do not intend to confer any benefit hereunder on any person, firm or corporation other than the parties hereto. (f.) Time of Essence. State and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and EXHIBIT 2
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provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereof by either party shall constitute a material breach of and a non-curable (but waivable) default under this Agreement by the party so failing to perform. (g.) Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties to create the relationship of principal and agent, a partnership, joint venture or any other association between Buyer and State. (h.) Construction/Exhibits. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the Agreement.
Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. Unless otherwise indicated, all references to paragraphs, Sections, subparagraphs and subsections are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated herein by this reference. (i.) Governing Law. The Parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The Parties hereto expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
(j.) Days of Week. A "business day," as used herein, shall mean any day other than a Saturday, Sunday or holiday, as defined in Section 6700 of the California Government Code. If any date for performance herein falls on a day other than a business day, the time for such performance shall be extended to 5:00 p.m. on the next business day. (k.) Possession of Property. Except as disclosed in the Title Documents and this Agreement, Buyer shall be entitled to the possession of the Property immediately following the Close of Escrow.
(l.) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
(m.) Facsimile Signatures. In order to expedite the transaction contemplated herein, electronic signatures may be used in place of original signatures on this Agreement.
State and Buyer intend to be bound by the signatures on the electronic document, are aware that the other party will rely on the electronic signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the use of an electronic signature. (n.) Termination Documents. If this Agreement is terminated prior to the Close of Escrow for any reason, Buyer shall deliver to State the following documents and materials (collectively hereinafter referred to as the "Termination Documents"): (i) the Documents and Materials delivered to Buyer by State, and (ii) at no cost and without warranty as to correctness, copies of all inspections, investigations, tests and studies that were generated by Buyer and/or by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, EXHIBIT 2
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studies, maps and engineering studies, lot studies and improvement plans. It is understood and agreed that, with respect to any provision of this Agreement which refers to the termination of this Agreement and the return of the Deposit to Buyer, such Deposit shall not be returned to Buyer unless and until Buyer has fulfilled its obligation to return to State the Termination Documents.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.
“State”
STATE OF CALIFORNIA
Department of General Services
Real Estate Services Division
By: Date:
Jim Martone, Chief
Asset Management Branch
Department of General Services
Approved as to Form:
By: Date:
Bryan Kimura
Attorney IV
Department of General Services
“Buyer”
CITY OF SANTA ANA
A California charter city and municipal corporation
By: Date:
Kristine Ridge
City Manager
Attest:
By: Date:
Jennifer L. Hall
City Clerk
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Approved as to Form
Sonia R. Carvalho
City Attorney:
By: Date:
Andrea Garcia-Miller
Assistant City Attorney
Recommended For Approval:
By: Date:
Michael L. Garcia
Community Development Agency
7/20/2023
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RECEIPT BY ESCROW HOLDER
The undersigned Escrow Holder hereby acknowledges that on ____________, 2023, which, pursuant to Section 1 is the " Effective Date," the undersigned received a fully executed duplicate original (with all appropriate Sections initialed by both parties) of the foregoing Agreement of Purchase and Sale and Initial Escrow Instructions by and between City of Santa Ana, as Buyer, and THE STATE OF CALIFORNIA , acting by and through its DEPARTMENT OF GENERAL SERVICES, as State.
Subject to Escrow Holder's receipt of acceptable esc row instructions, Escrow Holder agrees to act as the Escrow Holder under this Agreement and to comply with these instructions.
Escrow Holder:
By:
Its:
Date: _______________, 2023
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF BLOCK C, 5TH STREET AND PARTON STREET, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF THE ROSS ADDITION TO SANTA ANA RECORDED IN BOOK 3, PAGES 534 AND 535 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF FOURTH STREET, 80.00 FEET WIDE, AND PARTON STREET, 60.00 FEET WIDE, AS SHOWN ON THE MAP OF RECORD OF SURVEY NO. 95-1031 RECORDED IN BOOK 149, PAGES 49 AND 50 OF RECORDS OF SURVEYS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER;
THENCE NORTHERLY ALONG SAID CENTERLINE OF PARTON STREET NORTH 00° 05’ 22” WEST 297.13 FEET;
THENCE NORTH 89° 58’ 59” EAST, 17.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 58’ 59” EAST 136.50 FEET;
THENCE NORTH 00° 01’ 01” WEST 193.00 FEET;
THENCE SOUTH 89° 58’ 59” WEST 136.50 FEET;
THENCE SOUTH 00° 01’ 01” EAST 193.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, AS SET FORTH AND DESCRIBED AS PARCEL 2 OF THAT CERTAIN DOCUMENT RECORDED MARCH 16, 1994 AS INSTRUMENT NO. 94- 0185119 OF OFFICIAL RECORDS.
PARCEL 2:
AN ACCESS EASEMENT, 30.00 FEET IN WIDTH OF THAT PORTION OF LOT 8 OF BLOCK C AND THOSE PORTIONS OF LOTS 3,4,5,6 AND 7 OF BLOCK D OF THE ROSA ADDITION TO SANTA ANA, PER MAP THEREOF RECORDED IN BOOK 3, PAGES 534 AND 535 OF
MISCELLANEOUS RECORD OF LOS ANGELES COUNTY, CALIFORNIA AND THAT PORTION OF PARTON STREET AND FIFTH STREET VACATED PER RESOLUTION 69-27 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTED FEBRUARY 17, 1969, A CERTIFIED COPY OF SAID RESOLUTION BEING RECORDED IN BOOK 8878, PAGE 863 OF OFFICIAL
RECORDS, RECORDS OF SAID ORANGE COUNTY, THE WESTERLY AND NORTHWESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF PARCEL 1 ABOVE DESCRIBED, 35.00 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE
SOUTHERLY ALONG SAID EASTERLY LINE AND IT SOUTHERLY PROLONGATION TO A POINT THAT IS DISTANT 75.00 FEET SOUTHERLY FROM THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE CENTER LINE OF PARTON STREET, 60.00 FEET WIDE, (NOW NAMES SANTA ANA
BOULEVARD) AS SAID PARTON STREET AND FOURTH STREET ARE SHOWN ON SAID MAP EXHIBIT 2
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OF THE ROSS ADDITION; THENCE SOUTHERLY ALONG SAID CENTER LINE OF
PARTON STREET TO THE NORTHERLY LINE OF SANTA ANA BOULEVARD, SAID LINE BEING PARALLEL OR CONCENTRIC WITH AND DISTANT 54.00 FEET
NORTHERLY AND WESTERLY, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON THE CENTER LINE OF SAID FOURTH STREET,
DISTANT
100.00 FEET WESTERLY FROM THE CENTERLINE OF SAID PARTON STREET, SAID
POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°53’43” AN ARC DISTANCE OF 570.01 FEET TO A TANGENT LINE; THENCE NORTH 48°45’33” EAST ALONG SAID TANGENT LINE A DISTANCE OF 248.70 FEET TO THE CENTER LINE OF ROSS STREET.
Assessor’s Parcel Number: 008-067-36
CONTAINING 0.46 ACRES, MORE OR LESS.
(End of Legal Description)
\
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EXHIBIT B
MAP OF PROPERTY
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EXHIBIT C
FORM OF QUITCLAIM DEED
RECORDING REQUESTED BY
State of California – Official Business
Department of General Services
Document entitled to free recordation
Pursuant to Gov’t. Code Sec. 27388.1
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza M-25
City of Santa Ana, CA 92701
Attn: Kristine Ridge, City Manager
WITH A COPY TO:
State of California – Official Business
Department of General Services
707 3rd Street, MS-501
West Sacramento, CA 95605
Attention: Robert McKinnon
(Above Space for Recorder's Use Only)
QUITCLAIM DEED
THE STATE OF CALIFORNIA , acting by and through THE DEPARTMENT OF GENERAL SERVICES (the “State”), does hereby relinquish, abandon, abrogate, transfer, release, remise and quitclaim to the City of Santa Ana, a California charter city and municipal corporation (the “Grantee”), all of the State’s right, title and interest in and to that certain real property situated in the City of Santa Ana, County of Orange, State of California, described on Exhibit A attached hereto and by this reference incorporated herein (collectively, the “Property”).
EXCEPTING AND RESERVING TO the State, in all lands described herein, all minerals and mineral deposits, as defined in California Public Resources Code Section 6407, including, but not limited to, oil and gas, other gases including, but not limited to, non-hydrocarbon and geothermal gases, oil shale, coal, phosphate, alumina, silica, fossils of all geological ages, sodium, gold, silver, metals and their compounds, alkali, alkali earth, sand, clay, gravel, salts and mineral waters, uranium, trona, and geothermal resources, together with the right of the State or persons authorized by the State to prospect for, drill for, extract, mine and remove such deposits or resources, except that the State or EXHIBIT 2
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persons authorized by the State shall not have the right to prospect for, drill for, extr act, mine or remove such deposits above a plane located 500 feet below the surface of the Property nor a right to occupy and use the surface of such Property for said purposes.
SAID PROPERTY IS CONVEYED SUBJECT TO all liens, encumbrances, easements, covenants, conditions and restrictions of record.
IN WITNESS WHEREOF, State has caused this instrument to be executed as of the date hereinafter written.
DATED: ______________, 2023
State:
The State of California,
Department of General Services
By: _____________________________
JIM MARTONE, Chief
Asset Management Branch
Department of General Services
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
STATE OF CALIFORNIA,
County of } SS.
On , before me, ________________________________, Notary Public Date
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Names Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
Individual Individual
Corporate Officer – Title(s): Corporate Officer – Title(s):
Partner – Limited General Partner – Limited General Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
FOR NOTARY SEAL OR STAMP
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EXHIBIT D
LIST OF DOCUMENTS AND MATERIALS
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Planning and Building Agency
santa-ana.org/departments/planning-and-building/
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Receive and File - Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter
AGENDA TITLE
Receive and File the Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City’s Response to the Findings and Recommendations to the Presiding Judge of the Superior Court
RECOMMENDED ACTION
Receive and File the Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City’s Response to the Findings and Recommendations to the Presiding Judge of the Superior Court.
DISCUSSION
Respectively on June 2nd and June 7th of 2023, the Orange County Grand Jury (OCGJ) issued two investigative documents. These documents contained findings and recommendations based on their investigations and further compel responses from the City of Santa Ana and other (city and county) jurisdictions regarding the identified issues and suggestions.
The first report, titled "The State of Animal Welfare Overseen by the County of Orange:
Gimme Shelter and a Pound of Advice," issued by the OCGJ on June 2nd, appears to have been partially prompted by recent direct complaints to the OC Grand Jury. These complaints were related to operational concerns of Orange County Animal Care (OCAC), which had been discussed in five previous Grand Jury reports. The main goal of the June 2nd OCGJ report was to present an overview of the current operations, internal mechanisms, culture, and challenges faced by OCAC. The Grand Jury's investigation was based on interviews, public and shelter documents, surveys, site visits, news sources, and accounts related to the shelter's activities. As a notable outcome, this Grand Jury report highlights unresolved deficiencies in the shelter's operations. The complete report is provided as Exhibit 2.
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Receive and File - Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter August 15, 2023
3 6
6 6
The subsequent OCGJ report, published on June 7th and titled "Welcome to the Neighborhood: Evaluating the Management of Group Homes' Integration by Cities," delved into the issue of Group Homes and their effects on cities and their communities.
The Grand Jury examined how Orange County cities managed the inflow and placement of group homes, with the aim of identifying effective local governance strategies for this industry. The underlying premise was that individual cities bear the responsibility of integrating group homes, which should ensure the well-being of group home residents while minimizing any negative impacts on the surrounding neighborhoods. This OCGJ report particularly recognized the State of California's role in challenging and restricting local jurisdictions' authority to effectively address group homes through zoning regulations. The full report is attached as Exhibit 1.
In accordance with California Penal Code Sections 933 and 933.05, the OCGJ mandates that the City must respond to the conclusions and recommendations outlined in both reports. An overview of the OCGJ's findings, recommendations, and the City's corresponding responses, are attached as Exhibits 3 and 4. Once authorized by the City Council, the responses documented in Exhibits 3 and 4 will be submitted to the Presiding Judge of the Superior Court.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. County of Orange Grand Jury Investigative Report, Findings and Recommendations Regarding Group Homes ("Welcome to the Neighborhood" Are cities responsibly managing the integration of group homes?)
2. County of Orange Grand Jury Investigative Report, Findings and Recommendations Regarding the Orange County Animal Care shelter (Gimme Shelter and a Pound of Advice, "The State of Animal Welfare Overseen by the County of Orange)
3. City Response to County of Orange Grand Jury Findings and Recommendations Regarding Group Homes
4. City Response to County of Orange Grand Jury Findings and Recommendations Regarding the Orange County Animal Care shelter
Submitted By: Minh Thai, Executive Director of Planning and Building Approved By: Kristine Ridge, City Manager
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8/15/2023
City Council
13 –
101
8/15/2023
City Council
13 –
102
8/15/2023
City Council
13 –
103
8/15/2023
City Council
13 –
104
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
F1 Group homes too close to
one another contribute to
the problems associated
with overconcentration.
1 The City agrees with this finding.
Moreover, State Legislative actions under
Health and Safety Codes explicitly limit
local control and regulations by
preemptively restricting the autonomy of
cities and counties. Because of these
constraints, the City does not have
sufficient information to corroborate the
finding or otherwise provide a more
detailed response.
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
rooming houses, institutions, or
care homes for minors, the
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
operated for profit or
distinguished in any way from
single-family residences.
N/A N/A N/A N/A
City Council
13 –
105
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
occupants that are not applied
equally to other single-family
residences.
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
group homes with fewer than six
occupants.
F2 Common nuisances are
more likely and disruptive
when sober living homes
are concentrated in a
small geographic area of a
neighborhood.
1 The City agrees with this finding.
Moreover, State Legislative actions under
Health and Safety Codes explicitly limit
local control and regulations by
preemptively restricting the autonomy of
cities and counties. Because of these
constraints, the City does not have
sufficient information to corroborate the
N/A N/A N/A N/A
City Council
13 –
106
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
finding or otherwise provide a more
detailed response.
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
rooming houses, institutions, or
care homes for minors, the
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
operated for profit or
distinguished in any way from
single-family residences.
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
City Council
13 –
107
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
occupants that are not applied
equally to other single-family
residences.
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
group homes with fewer than six
occupants.
F3 Some cities have
successfully addressed
and informed community
members about the
challenges faced in
regulating group homes.
1 The City agrees with this finding, which is
reflected in its efforts to enact an
ordinance to exercise local control on the
matter in June 2021, which was ultimately
unsuccessful with the City’s Planning
Commission. Moreover, State Legislative
actions under Health and Safety Codes
explicitly limit local control and
regulations by preemptively restricting the
autonomy of cities and counties. Because
of these constraints, the City does not
have sufficient information to corroborate
the finding or otherwise provide a more
detailed response.
N/A N/A N/A N/A
City Council
13 –
108
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
rooming houses, institutions, or
care homes for minors, the
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
operated for profit or
distinguished in any way from
single-family residences.
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
occupants that are not applied
equally to other single-family
residences.
City Council
13 –
109
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
group homes with fewer than six
occupants.
F4 Community satisfaction
was minimal when cities
took the traditional public
comment approach
towards addressing
community complaints.
1 The City agrees with this finding, which is
reflected in its efforts to enact an
ordinance to exercise local control on the
matter in June 2021, which was ultimately
unsuccessful with the City’s Planning
Commission. Moreover, State Legislative
actions under Health and Safety Codes
explicitly limit local control and
regulations by preemptively restricting the
autonomy of cities and counties. Because
of these constraints, the City does not
have sufficient information to corroborate
the finding or otherwise provide a more
detailed response.
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
N/A N/A N/A N/A
City Council
13 –
110
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
rooming houses, institutions, or
care homes for minors, the
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
operated for profit or
distinguished in any way from
single-family residences.
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
occupants that are not applied
equally to other single-family
residences.
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
City Council
13 –
111
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
group homes with fewer than six
occupants.
F5 Cities are not utilizing
police, fire, and code
enforcement complaints
as a means of locating and
tracking Group Homes.
2 In Santa Ana, the Business License, Code
Enforcement, and Planning divisions are
often able to investigate and locate a
group home, depending on citizen
complaints or observations of
neighborhood or property impacts (i.e.,
parking, solid waste generation, loitering,
disturbances, etc.).
N/A N/A N/A N/A
F6 Cities are inhibited from
enacting and enforcing
ordinances due to fears
over the potential cost of
litigation.
1 The City agrees with this finding, which is
reflected in its efforts to enact an
ordinance to exercise local control on the
matter in June 2021, which was ultimately
unsuccessful with the City’s Planning
Commission. Moreover, State Legislative
actions under Health and Safety Codes
explicitly limit local control and
regulations by preemptively restricting the
autonomy of cities and counties. Because
of these constraints, the City does not
have sufficient information to corroborate
the finding or otherwise provide a more
detailed response.
N/A N/A N/A N/A
City Council
13 –
112
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
rooming houses, institutions, or
care homes for minors, the
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
operated for profit or
distinguished in any way from
single-family residences.
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
occupants that are not applied
equally to other single-family
residences.
City Council
13 –
113
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
group homes with fewer than six
occupants.
F7 Several cities have created
an ordinance that requires
a ministerial permit or
registration to operate a
group home, however
many of these cities do not
enforce their ordinances.
2 There is not enough information readily
available to understand and take a
position on the statement that
“many…cities do not enforce their [group
home] ordinances.” However, a collective
effort to understand these ordinances, the
reasons for which they were adopted, the
resources required to implement those
ordinances, and the community input
process would lead to a better assessment
of whether ordinances are being enforced
at the local level.
N/A N/A N/A N/A
F8 City and County officials
are deterred from
regulating group homes by
California Housing and
Community
Development's housing
element approval process.
1 The City agrees with this finding. Without
a certified Housing Element, the City is
limited in its ability to exercise local
zoning and regulate residential
developments.
N/A N/A N/A N/A
City Council
13 –
114
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
F9 Cities have historically
strategized and acted
independently in
addressing group home
challenges and solutions.
1 The City agrees with this finding, which is
reflected in its efforts to enact an
ordinance to exercise local control on the
matter in June 2021, which was ultimately
unsuccessful with the City’s Planning
Commission. Moreover, State Legislative
actions under Health and Safety Codes
explicitly limit local control and
regulations by preemptively restricting the
autonomy of cities and counties. Because
of these constraints, the City does not
have sufficient information to corroborate
the finding or otherwise provide a more
detailed response.
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
rooming houses, institutions, or
care homes for minors, the
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
N/A N/A N/A N/A
City Council
13 –
115
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
operated for profit or
distinguished in any way from
single-family residences.
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
occupants that are not applied
equally to other single-family
residences.
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
group homes with fewer than six
occupants.
F10 Well-operated group
homes can integrate
2 The City disagrees with this finding. While
ordinances are intended to offer a
framework to provide for the integration
of group homes into neighborhoods while
N/A N/A N/A N/A
City Council
13 –
116
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
smoothly into
neighborhoods.
providing regulatory oversight, there are
not enough full-implemented group home
ordinances of a similar nature using
similar regulatory methods in Orange
County to determine their effectiveness
and results over a statistically-significant
period of time.
F11 There is a lack of
regulatory oversight for
the health and safety of
residents of unlicensed
group homes.
1 The City agrees with this finding.
Moreover, State Legislative actions under
Health and Safety Codes explicitly limit
local control and regulations by
preemptively restricting the autonomy of
cities and counties. Accordingly, the City
does not have Because of these
constraints, the City does not have
sufficient information to corroborate the
finding or otherwise provide a more
detailed response.
a. The State actions establish that
alcoholism or drug abuse recovery
or treatment facilities serving six
or fewer individuals cannot not be
classified as boarding houses,
rooming houses, institutions, or
care homes for minors, the
N/A N/A N/A N/A
City Council
13 –
117
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Findings
Finding
City
Position
(1 or 2)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City
Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
elderly, or individuals with mental
health disorders and instead are
to be treated as a residence.
Moreover, these facilities should
not be considered businesses
operated for profit or
distinguished in any way from
single-family residences.
b. Furthermore, the State stipulates
that cities, counties, or other local
entities cannot enforce
restrictions on building heights,
setback, lot dimensions, or sign
placement for alcoholism or drug
abuse recovery or treatment
facilities with six or fewer
occupants that are not applied
equally to other single-family
residences.
The legislative preemption imposed by the
State of California significantly hinders
local authorities from exercising control
over the timing, manner, and location of
group homes with fewer than six
occupants.
City Council
13 –
118
8/15/2023
Grand Jury Findings – “Group Homes”
Key Legend
1. The respondent agrees with the finding.
2. The respondent disagrees wholly or partially with the finding in which case, the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
City Council
13 –
119
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Recommendations
Recommendation
City
Position
(1, 2, 3,
or 4)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
R1 Orange County cities and
the County of Orange
should address citizen
concerns regarding group
homes by providing an
opportunity for an open
dialog where an
interdisciplinary panel of
subject matter experts
can share with attendees
the challenges cities are
facing in the management
of group homes. To be
implemented by July 1,
2024. (F3, F4)
2 This recommendation is implementable
subject to inter-jurisdictional
coordination. Orange County contains 35
local jurisdictions: 34 incorporated cities,
and the County of Orange for
unincorporated areas. This
recommendation can be implemented
with local Planning directors selecting a
lead to coordinate efforts to begin the
open dialogue and contact subject
matter experts to begin providing input.
Y N N 2025
R2 By December 31, 2024,
Orange County cities and
the County of Orange
should collaborate in
their efforts to create
ordinances for the
regulation of group
homes, including the
3 This recommendation requires further
analysis and consideration for budget
allocations, as the subject matter is
complex due to layers of local, state, and
federal regulations. The legislative
preemption imposed by the State of
California significantly hinders local
authorities from exercising control over
the timing, manner, and location of
group homes with fewer than six
occupants. Moreover, such an
N Y Y 2025
City Council
13 –
120
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Recommendations
Recommendation
City
Position
(1, 2, 3,
or 4)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
development of model
ordinances. (F6, F7, F9)
undertaking requires time and budget
resources for legal counsel to develop a
well-formed ordinance, taking into
account data to develop solid findings,
community and industry input, and civic
leaders’ input.
R3 Orange County cities and
the County of Orange
should pool resources for
defense of lawsuits
challenging group home
ordinances. To be
implemented by July 1,
2024. (F6, F8, F9)
3 This recommendation requires further
analysis and consideration for budget
allocations, as the subject matter is
complex due to layers of local, state, and
federal regulations. The legislative
preemption imposed by the State of
California significantly hinders local
authorities from exercising control over
the timing, manner, and location of
group homes with fewer than six
occupants. Moreover, such an
undertaking requires time and budget
resources for legal counsel to develop a
well-formed ordinance, taking into
account data to develop solid findings,
community and industry input, and civic
leaders’ input. Legal counsel assistance
would also be required for defense and
to assist with proactive enforcement
against unlicensed/unpermitted
operators.
N Y Y 2025
City Council
13 –
121
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Recommendations
Recommendation
City
Position
(1, 2, 3,
or 4)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
R4 The County of Orange and
Orange County cities
should create a Task
Force that includes
representatives from OC
cities, unincorporated
areas, and other entities
as appropriate and charge
it with the responsibility
of developing a plan to
generate awareness
·among State legislators
and regulators of the
need for improved
regulations and
management standards
to ensure health and
safety for Group Home
residents. To be
implemented by July 1,
2024. (F2, F10, F11)
1 This effort is already underway, with
representatives from the City Attorney’s
Office partaking in a task force meeting
on July 14, 2023 in Laguna Niguel for the
California Sober Living and Recovery
Task Force. More information is available
online at:
www.soberlivingtaskforce.com.
Y N N 2023
R5 Orange County cities and
the County of Orange
should modify code
2 This recommendation may be
implemented by modifying the City’s
land management system known as the
Santa Ana Property Information Network
Y N N 2023
City Council
13 –
122
8/15/2023
Grand Jury Findings – “Group Homes”
Responses to Recommendations
Recommendation
City
Position
(1, 2, 3,
or 4)
Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
enforcement report data
collection forms to
include a searchable field
that enables the
identification of a
residence operating as a
group home. To be
implemented by July 1,
2024. (F5, F7, F11)
(SAPIN). SAPIN attributes may be
modified to include a field or space to
identify a suspected or known group
home, including licensed/permitted.
Key Legend
1. The recommendation has been implemented, with a summary regarding the implemented action.
2. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. a. However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
City Council
13 –
123
8/15/2023
Grand Jury Findings – “Group Homes”
b. A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
c. During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
d. A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
City Council
13 –
124
8/15/2023
Grand Jury Findings – “The State of Animal Welfare Overseen by the County of Orange” Finding City Position
(1 or 2) Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F7 Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F8 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
City Council
13 –
125
8/15/2023
Grand Jury Findings – “The State of Animal Welfare Overseen by the County of Orange” Finding City Position
(1 or 2) Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment.
1 N/A N/A N/A N/A
F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care.
1 N/A N/A N/A N/A
F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F15 Internal and community engagement does not adequately communicate the shelter's mission and operating strategy.
N/A City lacks foundational awareness to corroborate or otherwise comment on the finding.
N/A N/A N/A N/A
F16 The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures.
1 N/A N/A N/A N/A
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Key Legend
1. The respondent agrees with the finding.
2. The respondent disagrees wholly or partially with the finding in which case, the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
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Grand Jury Recommendations – “The State of Animal Welfare Overseen by the County of Orange” Key Legend
1. The recommendation has been implemented, with a summary regarding the implemented action.
2. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. a. However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
b. A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. c. During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. d. A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
Recommendation City Position
(1, 2, 3, or 4) Response to Finding
Can Be
Accomplished
by Staff
Administratively
(Y or N)
Requires
City Council
Policy
Direction
(Y or N)
Need
Budget
Allocation
(Y or N)
Completion
Date
R6 Animal By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. (F1 thru F16) 3 N/A N/A N/A N/A
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Police Department
www.santa-ana.org/police
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Public Intoxication and Substance Abuse Enforcement
AGENDA TITLE
Public Intoxication and Substance Abuse Enforcement Informational Report
RECOMMENDED ACTION
Receive and file.
DISCUSSION
On July 18, 2023, the City Council directed staff to provide an informational report regarding enhancing the enforcement of existing state laws related to public intoxication and substance abuse within the City of Santa Ana. This report aims to broadly analyze the proposal, highlighting its potential benefits and challenges, and considering the impact on resources, community relations, and the well-being of individuals with substance abuse issues in Santa Ana.
Overview:
The enhanced enforcement efforts entails the following key components:
1.Consistent Detainment and Processing: Santa Ana Police Officers consistently detain individuals violating state laws related to public intoxication and substance abuse. These individuals will be transported to the Santa Ana Jail for processing.
2.Provision of Substance-Abuse Treatment Information: Before release, detained individuals will be provided with information on available substance-abuse treatment services.
3.Medical Staff at Santa Ana Jail: Collaborative efforts will be made with the Santa Ana Police Department to provide medical staff at the Santa Ana Jail, reducing reliance on hospital emergency rooms and enhancing patrol operations' ability to enforce state laws effectively.
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August 15, 2023
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4.Transportation Assistance for Non-Residents: Detained individuals not from Santa Ana may be offered transportation to their homes, facilitating reunification with family.
Benefits:
1.Accountability and Substance Abuse Awareness: The Santa Ana Police Department aims to enforce existing laws consistently, clearly communicating accountability for public intoxication and substance abuse. Providing substance- abuse treatment information reflects a compassionate approach to addressing the issue's root causes.
2.Community Safety: Enhanced enforcement can improve community safety by addressing behaviors hindering public use of streets and sidewalks.
Challenges and Considerations:
1.Resource Allocation: The enhanced enforcement efforts will require additional resources, including medical clearance of detained individuals.
2.Community Perception: Striking a balance between accountability and compassion is essential to ensure that the community understands and supports the proposed approach.
3.Legal and Ethical Considerations: Legal and ethical considerations surrounding the detainment and transportation of individuals should be thoroughly evaluated.
Analysis:
Detention and Arrest
Police officers have the discretion to determine whether an arrest is necessary in public intoxication cases. They are trained to assess the situation, consider individual behavior, and evaluate potential risks to public safety. Officers can make informed decisions regarding the appropriate course of action by exercising their professional judgment.
In instances where an individual is found to be intoxicated in public but does not pose an immediate threat to themselves or others, officers have the option to issue a citation rather than make an arrest. This process allows for adequately identifying the individual involved and ensures accountability for their actions.
However, it is essential to recognize that there may be instances where an immediate arrest is necessary. Factors such as the severity of the offense, the individual's level of
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impairment, or concerns for their safety or the safety of others may warrant an arrest as the most appropriate response.
Substance Abuse Treatment and Processing
The proposed provision of substance-abuse treatment information and collaboration with CalOptima signifies a comprehensive approach to addressing the complex issue of substance abuse within Santa Ana. By offering detained individuals information on available treatment services before their release, the City Council recognizes the importance of connecting individuals with appropriate resources to facilitate their recovery journey.
The collaboration with CalOptima, a county-operated health plan that serves vulnerable populations, enhances the effectiveness of this proposal. CalOptima's expertise in healthcare access and coverage aligns with ensuring that individuals needing substance-abuse treatment can access the appropriate services. Specifically, CalOptima can be pivotal in facilitating insurance registration for detainees before their release.
Medical Staff at the Santa Ana Jail
Arrestees who are intoxicated or under the influence of a controlled substance may exhibit a range of physical and mental health conditions, including but not limited to chronic illnesses, withdrawal symptoms, or severe intoxication-related issues. Our primary concern is ensuring that individuals are not at risk due to a lack of appropriate medical assessment and care.
The proposal to explore the feasibility of providing necessary medical staff at the Santa Ana Jail addresses the potential challenges associated with individuals in custody who require medical attention due to substance abuse-related issues. While this measure intends to reduce reliance on hospital emergency rooms for non-emergency medical needs, it is important to note that the Santa Ana Jail environment may pose limitations in providing comprehensive medical clearance and care.
City and county jails are primarily designed to detain individuals who have been arrested and are awaiting trial or sentencing. While they may have basic medical facilities and staff to address general health needs, jails' medical capabilities are typically limited compared to full-service medical facilities such as hospitals. Substance abuse-related issues can encompass various medical complexities, including withdrawal symptoms, underlying health conditions exacerbated by substance abuse, and potential overdose situations.
In cases where individuals require more specialized medical attention, such as medical clearance for detoxification or evaluation for potential psychiatric concerns, the facilities
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and staff at the Santa Ana Jail may not have the expertise or resources to provide the level of care needed. Medical staff within jails may be limited in their ability to administer certain medications or treatments commonly used in substance abuse treatment. They may lack the necessary training to manage complex medical situations that can arise as a result of substance abuse.
In situations where an individual's medical needs exceed the capabilities of the jail's medical staff, prompt and appropriate medical treatment becomes a priority, and this may necessitate transfer to a medical facility equipped to handle the specific medical requirements.
Transportation Assistance
The transportation assistance initiative reflects a commitment to addressing the immediate consequences of substance abuse and fostering an environment that supports lasting recovery and reintegration. By facilitating the return of detained individuals to their home locations, the City Council is taking a proactive step towards creating a more compassionate and effective approach to addressing substance abuse within Santa Ana while promoting community well-being and the potential for brighter futures.
Conclusion:
The direction by the City Council presents a comprehensive approach to address substance abuse issues in Santa Ana, emphasizing both accountability and compassion. While the proposal offers potential benefits regarding community safety, resource allocation, and substance-abuse awareness, it also raises challenges related to resource demands and community perception. Staff will evaluate the enhanced enforcement efforts, measure outcomes, and provide an update after 90 days of implementation.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action. Upon additional direction from City Council, future actions may require funds for implementation.
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council
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4 8/15/2023
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
Topic: Street Naming No. 2023-01 to Rename a Portion of North Mabury Street and South Elk Lane to South Zoo Lane
AGENDA TITLE
Street Naming No. 2023-01 to Change the Name of a Segment of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, Adjacent to the Santa Ana Zoo, to South Zoo Lane
RECOMMENDED ACTION
Affirm the Planning Commission’s adoption of a resolution approving Street Naming No. 2023-01 to change the name of segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, adjacent to the Santa Ana Zoo, to South Zoo Lane.
DISCUSSION
Background
Staff requests that the City Council affirm the Planning Commission’s approval of Street Naming (SN) No. 2023-01 on July 27, 2023 to change the name of segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, adjacent to the Santa Ana Zoo, to South Zoo Lane. Pursuant to Santa Ana Municipal Code (SAMC) Section 33-8, the City Council may affirm the Commission’s decision, remand the matter back to the Commission for further consideration, or make its own decision on the matter. Staff are recommending that the City Council affirm the Planning Commission’s approval of the subject renaming.
The Santa Ana Zoo at Prentice Park opened in 1952, thanks to a 12-acre land donation by Santa Ana resident and business owner Joseph Edward Prentice. In 1957, the Santa Ana (I-5) Freeway was completed on the east side of the zoo, and in the 1960s, the Saddleback Inn and Santa Ana Elks Lodge were built on the west side of the Zoo.
When the Zoo was constructed, the name Mabury Street was extended to include the street along the west side of the zoo, which was renamed South Elk Lane after the Elks Lodge was built. For 50 years, the Santa Ana Elks Club served as a neighbor to the Zoo, but its site was sold for redevelopment, and in 2019, its headquarters was relocated to 1751 South Lyon Street. In 2021, that segment of South Lyon Street was renamed South Elk Lane.
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Street Naming No. 2023-01 to Rename a Portion of North Mabury Street and South Elk Lane to South Zoo Lane
August 15, 2023
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The Zoo has served a prominent role in the Santa Ana community for over seven decades, growing from a place of recreation and fascination to one of education, conservation, and inspiration. The Zoo serves as both a local and regional attraction, drawing tourism visitors to Santa Ana from the broader Southern California region and beyond.
Sections 33-5 and 33-6 of the Municipal Code govern the naming of streets and public facilities, including parks, park playgrounds, and other recreational facilities. The code includes guidelines for the naming of streets and public facilities, and identifies policy guidelines for the naming of streets. In general, the naming of streets should consider:
1. A name which serves to identify the location of the subject area.
2. A name which references the history of the site or area.
3. A name which identifies a person or family which made extraordinary donation of land or funds to promote the improvement of the public facility.
4. A name which recognizes a person or family who made a significant contribution to the wellbeing of the city, including city council, commissioners, officers and employees of the city, but not anyone who currently holds such position.
Request Analysis
Based on the guidelines established in the Municipal Code and in consideration of what would best identify the street, the following analysis was considered for the street renaming:
1. Existing Name:
•The subject roadways are named South Elk Lane and North Mabury Street. •South Elk Lane exists in two unrelated locations of the City. •North Mabury Street exists in two unrelated locations of the City. •The existence of Elk Lane and Mabury Street in two discontinuous segments often leads to confusion for service providers and travelers.
2. Proposed Name:
•Zoo Lane will replace the names of the existing segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue.
•Zoo Lane is intended to commemorate the Santa Ana Zoo at Prentice Park, which has had a presence in Santa Ana for over 70 years. The Zoo has consistently contributed toward the betterment of the community through education, conservation, recreation, and as a tourist attraction drawing visitors to Santa Ana.
•Zoo Lane will augment the visual footprint of the Zoo created by existing banners, artwork, and landscaping, and improve visitor navigation to the zoo.
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Street Naming No. 2023-01 to Rename a Portion of North Mabury Street and South Elk Lane to South Zoo Lane
August 15, 2023
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•The renaming will remove one section of South Elk Lane, eliminating any confusion caused by the disparate streets.
•The renaming will remove the only section of North Mabury Street south of the I-5 Freeway not connected to Mabury Park, eliminating confusion caused by the disparate streets.
•The renamed segment will not pose a threat to public health, welfare, or safety, and will not create confusion for motorists, emergency responders, and other service providers.
•The renamed street will not lessen the history of the Elks in Santa Ana as another street in the City has already been renamed Elk Lane to commemorate the Elks.
•The Santa Ana Elks fully support this street renaming effort and have provided correspondence to that effect.
•Precedent exists in the region and the industry. Both the Los Angeles and San Diego Zoos are located along streets named Zoo Drive, and the Aquarium of the Pacific in Long Beach is located along Aquarium Way. The Sedgwick County Zoo of Wichita, Kansas is located in an urbanized area on Zoo Blvd., which extends out from the zoo for over 2.5 miles and has both businesses and residential developments. There are many examples like these in communities throughout the United States.
•Residential development Park on First is located adjacent to the zoo and oriented to capitalize on the zoo and Prentice Park. It advertises the impressive view of the zoo and park as one if its amenities, but identifies by its location on First Street, not on Elk Lane. The artistic rendering of the complex on its website calls it the “Prentice Park Residences,” and features the zoo right across the street. Renaming Elk Lane as Zoo Lane would align with the established and advertised identity of the development. The developer/owner of 100 and 200 S. Elk Lane (Park on First) originally engaged the City about renaming Elk Lane in 2019, but ultimately did not proceed, and later the property changed ownership. Current ownership has expressed they prefer to retain Elk Lane as the street name, but would hopefully be amenable to the change as the zoo is identified in their own advertising as the defining presence on the street.
•The owners of the residential complex at 400 S. Elk Lane did not report any areas of concern when staff made contact via phone in May 2023 after extensive efforts to reach the owners.
•Now is the ideal time to make the renaming request because Elk Lane street improvements were completed (FY22/23) and PWA is ready to proceed with installation of a traffic signal at South Elk Lane and Chestnut Ave. (FY23/24).
The new traffic signal will feature zoo themed crosswalk graphics and artwork on the utility box. This new intersection would serve as the terminus of the renamed Zoo Lane.
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Street Naming No. 2023-01 to Rename a Portion of North Mabury Street and South Elk Lane to South Zoo Lane
August 15, 2023
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Because there are no properties addressed on the proposed section of North Mabury Street, there will be no impacts to neighboring businesses. While new apartment units are located at 100 and 200 Elk Lane, Park on First has only recently begun leasing, so the number of tenants impacted will be far fewer than the number of units. The 52 apartment units located at 400 Elk Lane will be impacted by the naming change and the City can work with any residents that experience significant hardship.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061 (b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of the renaming of a public street, the general rule exemption is applicable.
Categorical Exemption Environmental Review No. 2023-68 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Planning Commission Resolution
2. Vicinity Zoning and Aerial View
3. Copy of Planning Commission Notice
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council
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Resolution No. 2023-16
RESOLUTION NO. 2023-16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA AN A TO CHANGE THE NAME OF A
SEGMENT OF NORTH MABURY STREET AND SOUTH
ELK LANE BETWEEN EAST FOURTH STREET AND EAST
CHESTNUT AVENUE ADJACENT TO THE SANT A ANA
ZOO TO SOUTH ZOO LANE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:
A. The City of Sant a Ana is requesting approval of a City -initiated Street Naming No. 2023-01 to change the name of a segment of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue adjacent to the Santa Ana Zoo to South Zoo Lane.
B. Street Naming No. 2023-01 came before the Planning Commission on July 24, 2023.
C. Pursuant to sections 33 -5 through 33 -8 of the Sant a Ana Municipal Code (SAMC), th e Planning Commission is the decision making body for the naming of public streets, subject to confirmation by the City Council.
Further, the policy guidelines in the SAMC pertaining to the naming of public streets state that a facility may be named if the name serves to identify the location of the of the subject by reference to distinct geographic, environmental or development features in the immediate area, or references the history of the subject site or its immediate area.
D. The Planning Commission held a duly -noticed public hearing on July 24, 2023 to consider Street Naming No. 202 3-01. Affected properties, including property owners and t enants, were notified by mail at least 10 days prior to the meeting.
E. The Santa Ana Zoo at Prentice Park opened in 1952 thanks to a twelve - acre land donation by Santa Ana resident and business owner Joseph Edward Prentice.
F. In 1957, the Santa Ana (I -5) Freeway was completed on the east side of the zoo, and in the 1960’s, the Saddleback Inn and Santa Ana Elks Lodge were built on the west side of the Zoo.
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Resolution No. 2023-16
G. When the Zoo was constructed, the name Mabury Street was extended to include the street along the west sid e of the zoo, which was renamed South Elk Lane after the Elks Lodge was built.
H. For 50 years, the Santa Ana Elks Club served as a neighbor to the Zoo, but its site was sold for redevelopment and, in 2019, its headquarters was relocated to 1751 South Lyon Street. In 2021, that segment of South Lyon Street was renamed South Elk Lane.
I. The Zoo has served a prominent role in the Santa Ana community for over seven decades, growing from a place of recreation and fascination to one of education, conservation, and inspiration.
J. The Zoo serves as both a local and regional attraction, drawing tourism visitors to Santa Ana from the broader Southern California region and beyond.
K. Based on these guidelines, the street name of South Zoo Lane has been selected as the new name of a street segment adjacent to the Santa Ana Zoo to honor the Santa Ana Zoo and eliminate duplicate Elk Lanes in Santa Ana.
Section 2. In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exemp t from further review per Section 15061(b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment.
As the project consists of the renaming of a public street, the general rule exemption is applicable. C ategorical Exemption Environmental Review No. 2021-66 will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana hereby approves Street Naming No. 2023-01 to change the name of a segment of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue adjacent to the Santa Ana Zoo to South Zoo Lane . This decision is based upon the evidence submitted at the above -referenced meeting, whic h includes , but is not limited to: the Request for Planning Commission Action dated July 24 , 202 3 and exhibits attached thereto; and the public testimony , written and oral , all of which are incorp orated herein by this reference.
ADOPTED this 24th day of July, 2023.
_______________________
Bao Pham
Chairperson
City Council
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Resolution No. 2023-16
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7)
NOES: Commissioners: (0)
ABSENT: Commissioners: (0)
ABSTENTIONS: Commissioners: (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
City Council
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Resolution No. 2023-16
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo , Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 24, 2023.
Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana
7/24/2023
City Council
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City Council
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CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent pursuant to Santa Ana Municipal Code (SAMC) Section 33-7 to those who will be affected by or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group.
Project Location: Segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue.
Project Applicant: The City of Santa Ana
Proposed Project: The City is requesting approval of Street Naming No. 2023-01 to change the name of segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, adjacent to the Santa Ana Zoo to South Zoo Lane.
Environmental Impact: In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061 (b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of the renaming of a public street, the general rule exemption is applicable. Categorical Exemption Environmental Review No. 2023-68 will be filed for this project.
Meeting Details: This matter will be heard on Monday, July 24, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building- meeting-participation/.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at:
https://santa-ana.primegov.com/public/portal.
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Who To Contact For Questions: Should you have any questions, please contact Ethan Fisher with the Parks, Recreation, and Community Services Agency at [email protected] or 714-647-6575.
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
PROJECT MAP
City Council
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Parks, Recreation, and Community Services
www.santa-ana.org/departments/parks-recreation/
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023
AGENDA TITLE
Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023
RECOMMENDED ACTION
1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023.
2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes)
3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes)
DISCUSSION
The City Council adopted the City’s Partnership Policy (Exhibit 1) on April 5, 2022. The Partnership Policy outlines the purpose, definitions, partnership guiding principles, and partnership processes. In addition, all partnership agreements will be evaluated on a case-by-case basis and will include contractual language consistent with all applicable City policies, ordinances, and good business practices. Lastly, the City Manager shall have the authority to approve Partnership Agreements up to $50,000. The City Council shall have the authority to approve Partnership Agreements in excess of $50,000.
The Parks, Recreation & Community Services Agency (PRCSA) recently developed the PRCSA Sponsorship/Partnership Deck (Exhibit 2) that outlines how corporations, community based organizations, and non-profit organizations can work with PRCSA in adding value to events, activities, and programs provided to the community through financial and in-kind sponsorship/partnership agreements.
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Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023 August 15, 2023
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The Sponsorship/Partnership Deck provides defined levels of participation that potential sponsors/partners can work within while receiving corresponding levels of acknowledgement for their generosity to the City.
PRCSA will ensure that the Office of Congressman Lou Correa will receive incentives aligned with the $5,000 donation for a Premium Event (Chicano Heritage Festival 2023). This will include, but is not limited to: a) Physical booth at event, b) Stage mention during event, and c) Social media acknowledgement.
PRCSA will ensure that the Office of Supervisor Vicente Sarmiento will receive incentives aligned with the $10,000 donation for a Premium Event (Chicano Heritage Festival 2023). This will include, but is not limited to: a) Physical booth at event, b) Stage mention during event, c) Social media acknowledgement, d) Designated event component, and e) On-site signage with organizational logo at the designated event component.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Upon receiving donation funds and executing respective agreements, funds will be deposited in the PRCSA Fees & Donations, Gifts & Donations (02213002-57081) and will subsequently be redistributed to the PRCSA Contractual Services-Professional line item account (02213200-62300).
Fiscal
Year
Accounting
Unit- Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 23-24 02213002-57081 PRCSA Fees
& Donations
PRCSA Fees &
Donations, Gifts &
Donations
$5,000
FY 23-24 02213200-62300 PRCSA Fees
& Donations
PRCSA Fees &
Donations, Gifts &
Donations
$5,000
FY 23-24 02213002-57081 PRCSA Fees
& Donations
PRCSA Fees &
Donations, Gifts &
Donations
$10,000
FY 23-24 02213200-62300 PRCSA Fees
& Donations
PRCSA Fees &
Donations, Gifts &
Donations
$10,000
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Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023 August 15, 2023
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EXHIBIT(S)
1. Partnership Policy
2. PRCSA Partnership Deck
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council
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3 8/15/2023
RESOLUTION NO. 2022- 023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE PARTNERSHIP POLICY
WHEREAS, the City gets many requests annually to partner with various businesses, companies and/ or non-profit entities;
WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of partnershipopportunitieswith the City and define the process for such partnerships; and
WHEREAS, the proposedPartnershipPolicywill be a clear andtransparentway to outline the process for partnering with the City for a wide variety of events and opportunities; and
WHEREAS, the City believes that partnerships will enhance programs and services provided to Santa Ana residents and visitors.
NOW, THEREFORE, BE IT RESOLVEDby the City Councilof the City of SantaAna as follows:
Section 1. The PartnershipPolicy, attachedas ExhibitA, is herebyapproved.
Section 2. This Resolutionshall take effect immediatelyupon its adoptionby the City Council, and the Clerkof the Councilshallattestto and certifythe vote adopting this Resolution.
ADOPTEDthis 5chday of April, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By.'_1,ntyl'yNLaura A. Rossini
Chief Assistant City Attorney
Resolution No. 2022- 023
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AYES: Councilmembers Hernandez Lopez Mendoza, Penaloza, Phan, Bacerra Sarmiento ( 7)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None 0)
NOT PRESENT: Councilmembers None 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-023 to be the original resolution adopted by the City Council of the City of SantaAna on April 5, 2022.
Date: ` c- 1,3-Zr)2,7--
Resolution No. 2022- 023
Daisy Gome
Clerk of the Council
City of Santa Ana
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Exhihit A
DCityof Santa Ana
Administrative
Policies and Procedures
Cit Mana er' s Authorization
The Partnership Policy Date
Month Day, Year]
Purpose
The purpose of the City of Santa Ana ("City') Partnership Policy ("Policy") is to establish policies, guidelines and procedures governing how partnerships between the City and external entities transpire. The intent of a partnership is to expand or enhance programs and services the City delivers to Santa Ana residents.
Definition
The establishmentof this Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors. Partnerships shall be inclusive of the following elements:
1) alignwiththe City's mission, vision, or values; (2) providean equitableprocessfor potential partners; (3) maximize available community resources; and (4) encompass a broad spectrum of agreements and strategies. This Policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities.
Policy
1. TERMS GLOSSARY ( Appendix A)
2. TYPES OF PARTNERSHIPS
The types of partnerships are working agreements having ( 1) achievable mutual interests betweenthe City and partnering entities, (2) an increasedlikelihood of the City and partnering entities achieving their respective mission, (3) the ability to amplify reach within the community, and (4) an impactful community investment.
These partnershipscan take the form of cash gifts and donor programs, improved access to alternative funding, property investments, charitable trusts, labor, materials, equipment, continued sponsorships, technical skills, and other forms of value. The effective use of volunteers can also figure significantly into developing partnerships. Some partnerships involve active decision making, while other partnerships take a more passive role.
2. 1 Active Partnerships
Active partnerships include leases, contracts, sponsorship agreements, marketing agreements, management agreements, joint -use agreements, inter -governmental agreements, or any combination thereof. Proposed partnerships considerations include, but are not limited to, facility, service, maintenance, operations, program development, and other associated needs.
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2. 2 Public/ Private Partnerships
A public/private partnershipis betweena governmententity and a private company.
2. 3 Public/ Non- Profit Partnerships
A public/non-profitpartnershipis betweena governmententityand a non- profit organization.
2. 4 Public/ Public Partnerships
A public/publicpartnershipis betweentwo governmententities
2. 5 Sponsorships
Sponsorshipsfor facilitiesand programsis one type of beneficialpartnership.
3. GUIDING PRINCIPLES
Theguidingprinciplesbelowserveas a frameworkfor the Cityto considerpotential partnerships.
3. 1 Mutual benefits and Consistency with City Policy
Boththe City's andthe partner's goalsshouldbe openly and clearlystated.
The City will strive to determine that a proposed partnership be mutually beneficial to both parties. All partnershipsshall be consistent with all applicable policies and procedures set by the City.
3. 2 Mitigated Risk
The partners, itsemployees, and potentialsubcontractorsmustcomplywith all applicable laws, codes, rules, regulations and requirements pertaining to the execution of the partnership.
3. 3 Coordination
The City Manageror designeewill align each proposed partnershipwith all Citydepartmentsidentifiedas beingcrucialtothe successof theassociated program or project.
3. 4 Performance Measurement and Evaluation
At the outset of each partnership, a set of achievable performance measures shall be established. At the conclusion of each project, a report evaluating the projectagainstthe statedperformancemeasuresandanyadditionalinformation should be completed and forwarded to the City Manager's Office or designee.
4. PARTNERING PROCESS
Thepartneringprocessdescribesthestepsforthecreationofa partnershipwiththe City.
4.1Define scope of partnership, including a description of the community need, partnershipbenefits, andgeneralstrategy, aswellas the following:
4.1.1 Consistencyof the goalsof the proposedpartnershipwith the City's mission, vision, or values, and core services.
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4.1.2 Consistency with existing laws, along with the City's policies and practices.
4.1.3 Balancebetweenthe potentialbenefitof the partnershipwith the level of risk assumed by the City.
4.1.4 Potential for actual or perceived conflicts between demonstration partners' and City's goals or business practices.
4.2Developa Requestfor Proposal (RFP) to solicitdesiredpartnershipopportunities.
4.3The City Manageror designee, alongwith Citystaff membersfrom the participating City department, reviews all responsive proposals received through a competitive proposal process.
4AThe City Manageror designeehas the authorityto incorporatea group and/or partner for a specific event.
5. EVALUATION PROCESS
The City Manager or designee shall make an initial determination as to whether the proposedpartnershipmeetsthe mission, vision or values of the City. If the proposed partnershipmeetsthese initial evaluation criteria, then the City shall be responsiblefor further evaluating the proposal and returning a recommendationto the City Manager or designee for consideration. Should the proposal not meet the initial evaluation criteria, then the City Manager or designee shall notify the proposer of the determination.
6. PARTNERSHIPS AGREEMENTS
PartnershipAgreements shall be evaluated on a case -by -case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices.
7. AUTHORITY TO AWARD
Consistent with the City Manager's Contracting Authority Policy ( Chapter 2 — AdministrationArticle VII. Section2-748), the City Managershall havethe authorityto approve Partnership Agreements up to $ 50,000. The City Council shall have the authority to approve Partnership Agreements in excess of $50,000.
8. EXCLUSIONS
The City reserves the right to reject proposed partnerships that the City deems inappropriate or offensive in any manner. The below partnerships will not be considered:
8. 1 Promote practices that violate federal, state or local laws or regulations.
8. 2 Parties involved in a lawsuit with City.
8. 3 Promote drugs, alcohol, tobacco or tobacco -related products, gambling, or adult materials or entertainment.
8. 4 Discriminatebased upon a protectedclass or any other basis prohibitedby federal or state law.
8. 5 Prohibited by local, state or federal law or regulations.
8. 6 Include religious symbols, references or statements.
8. 7 Include political symbols, references or statements.
8. 8 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations.
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8. 9 Derive their business from the sale of alcohol, tobacco or tobacco -related products, firearms, pornographyor sexuallyexplicitgoodsorservices.
8.10 Appear to be in conflict with City policies, procedures, services, or products.
8.11 Create or appear to create a conflict of interest or a potential conflict of interest.
APPENDIX A
TERMS GLOSSARY
A. " City": the City of Santa Ana
B. " City Land": propertyowned, operatedor leasedbythe City.
C. " Donation": a monetary (cash) contribution, endowments, personal property, real property, financial services, equipment, in kind goods or services, or anyotherassetthatthe Cityhasacceptedandfor whichthe donor has not received any goods or services in return.
D. " Donation Policy": an establishedCity policythat encouragesindividuals to donateto the City, which may increasethe level of servicesprovidedto residents.
E. " Facility": a buildingorpermanentstructurethatislocatedonlandowned or operated by the City.
F. " For -Profit": an individual, organization or business that does not have tax- exempt status under the Internal Revenue Code.
G. " Formal Proposal": a proposal from a prospectivepartner submittedfor consideration through the City Manager's Office.
H. " Partner": a privateentity, non-profitorganizationor othergovernmental agency.
I. " Partnership": a cooperativeagreementbetweentheCityandoneor more partnersto attain a common goal or purpose. Partnershipscombine complementaryresourcesto eitherestablishmutualdirectionor completea mutually beneficialproject.
J. " PartnershipAgreements": severalformsofformalagreements, suchas lease agreements, management and/ or operating agreements, maintenance agreements, intergovernmental agreements, or any other agreements, as deemed appropriate by the City.
K. " Partnership Plan": the procedural guidelines for implementation of Partnership Policy.
L. " Private Party": an individual, group or organization that excludes participationbythepublicandiseithernot -for -profitorfor -profit. 4 City Council
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M. " Non - Profit Organization": a tax- exempt organization as defined under relevant sections of the Internal Revenue Code.
N. " Restricted Donation": donations designated at donor request for a particular City event, location, program or purpose.
O. " Sponsorship": the relationshipbetween a sponsor and the City, in which the sponsor pays a cash or in -kind fee, in return for access to the commercial potential associated with a facility, program or service.
P. " Sponsorship Policy": an established City policyfor considering potential sponsorshipsthat enhanceand supportthe various programsand services provided by the City.
Q. " Unrestricted Donation": a donationto the Citywithoutanylimitationupon its use.
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EXHIBIT 2
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Parks, Recreation, and Community Services
www.santa-ana.org/departments/parks-recreation/
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Enter into Sponsorship Agreement and Receive Sponsorship Funds from Laborers’ International Union Local #652
AGENDA TITLE
Approve an Appropriation Adjustment to Receive Sponsorship Funds from, and Enter into Sponsorship Agreement with, Laborers’ International Union Local #652 for the City’s 2023 Chicano Heritage Festival
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize a total amount of $7,000 in Sponsorship Funds from Laborers’ International Union Local #652. (Requires five affirmative votes)
2. Authorize the City Manager to execute a Sponsorship Agreement with Laborers’ International Union Local #652, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City Council adopted the City’s Sponsorship Policy (Exhibit 1) on April 5, 2022. The Sponsorship Policy outlines the purpose, definitions, policy guidelines, and sponsorship evaluation procedures. In addition, all sponsorship agreements will include contractual language consistent with all applicable City policies, ordinances, and good business practices. All Sponsorship Agreements shall be approved by the City Council.
The Parks, Recreation & Community Services Agency (PRCSA) recently developed the PRCSA Sponsorship/Partnership Deck (Exhibit 2) that outlines how corporations, community based organizations, and non-profit organizations can work with PRCSA in adding value to events, activities, and programs provided to the community through financial and in-kind sponsorship/partnership agreements.
The Sponsorship/Partnership Deck provides defined levels of participation that potential sponsors/partners can work within while receiving corresponding levels acknowledgment for their generosity to the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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Enter into Sponsorship Agreement and Receive Sponsorship Funds from Laborers’ International Union Local #652
August 15, 2023
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FISCAL IMPACT
Upon receiving sponsorship funds and executing respective agreement, funds will be deposited in the PRCSA Fees & Donations, Gifts & Donations (02213002-57081) and will subsequently be redistributed to the PRCSA Contractual Services-Professional line item account (02213200-62300).
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 02213002-57081 PRCSA Fees
& Donations
PRCSA Fees &
Donations, Gifts &
Donations
$7,000
FY 23-24 02213200-62300 PRCSA Fees
& Donations
PRCSA Fees &
Donations, Gifts &
Donations
$7,000
EXHIBIT(S)
1. Sponsorship Policy
2. PRCSA Sponsorship Deck
3. Sponsorship Agreement
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council
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2 8/15/2023
RESOLUTION NO. 2022- 024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE CITY' S SPONSORSHIP
POLICY
WHEREAS, the City gets many requests annually for sponsorship opportunities from various businesses, companies and/or non-profit entities; WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of sponsorship opportunities with the City;
WHEREAS, the proposed Sponsorship Policy will be a clear and transparent way to outline the process for sponsoring available City events and/or obtaining other sponsorship opportunities with the City; and
WHEREAS, the City believes that sponsorships will enhance the programs, events and projects provided by the City to its residents and visitors.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The Sponsorship Policy, attached as Exhibit A, is hereby approved.
Section 2. 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.
ADOPTEDthis 5thday of April, 2022.
A
I
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
a.'
n y
By: i _ (n1 11C r' t t , i iyu, \., Laura
A. RossiniChief
AssistantCity AttorneyResolution
No. 2022-024 Page
1 of 2
EXHIBIT 1
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AYES: Councilmembers Hernandez Lopez. Mendoza, Penaloza, Phan, Bacerra, Sarmiento ( 7)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-024 to be the original resolution adopted by the City Council of the City of Santa Ana on April 5, 2022.
Date: q' 5 ' ZDZZ
Daisy Go z
Clerk of thb Council
City of Santa Ana
Resolution No. 2022- 024
City Council
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Fxhihit A
City of Santa Ana
Administrative
Policies and Procedures
City Manager's Authorization
The Sponsorship Policy Date
Month Day, Year]
Purpose
The purpose of the Santa Ana Sponsorship Policy (" Policy") is to provide an effective frameworkfor considering potentialsponsorships thatwill enhance the programs, events, and projects provided by the City of Santa Ana ("City') to its residents and visitors.
Definition
Sponsorshipsare cash or in -kind productsand services offered by sponsorswith the clear expectationthat an obligation is created. The recipient is obligated to return somethingof value tothe sponsor. The value is typically public recognitionand publicityor advertising highlighting the contribution of the sponsor and/ or the sponsor' s name, logo message, products or services. This Policy addresses sponsorships, the agreements for the procurementof the resources, and the benefits provided in return for securing those resources.
Policy
1. TERMS GLOSSARY ( See Appendix A)
2. GUIDELINES FOR ACCEPTABLE SPONSORSHIPS
Eligiblesponsorsmustbe businesses, non-profitgroups, or individualsthat promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorshipsshouldpromotethe vision, mission, or valuesof the City.
The City expects any proposedsponsorshipwill have benefitsfor all involvedparties, including, but not limited to, benefitsfor the City and the community, and benefitsfor the sponsor. Benefitsfor the sponsor may includethe following: (1) print and electronic media recognition; ( 2) press release mentions; ( 3) on - site and off -site signage recognition; (4) accessto VIP areas, receptions, or events; and (5) complimentarybooth space. Signage recognition information provided in the Sponsorship Agreement shall be effective throughout the duration of the agreement and in accordance with Santa Ana Municipal Code ( SAMC) sections 41- 871 and 41- 872.
3. APPLICATION SUBMISSION
The CityManager's Officeor designeeshallcompileandmakeavailableto the publica list of potential sponsorshipopportunities. Preliminary proposals shall be submitted to the City Manager' s Office for consideration and be in the format as outlined in the Sponsorship Application.
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3.1Sponsorship Proposal
Entities interested in establishing a City -sponsor relationship must submit a SponsorshipApplication. TheSponsorshipApplicationshallincludea scopeof the proposedsponsorship, including, butnotlimitedto, thefollowing:
3.1.1 Description of organization and specific target market
3.1.2 Summary of sponsorship proposal
3.1.3 Sponsorshipcategoriesand eventsof interests
3. 1.4 Benefits of collaboration
3. 2Categories of Sponsorships
The categories of sponsorships, listed in order of highestto lowest priority, is as follows:
3.2.1 PrimarySponsor/ CitywideEventProgramSponsor
3.2.2 Title Sponsor / Interest Specific Event Sponsor
3.2.3 Presenting Sponsor / Single Event Sponsors
3. 2. 4 Sponsor / Event Contributor
3. 2. 5 Media Sponsor
3. 2. 6 Official Supplier
3. 2. 7 Co - Sponsor
4. APPLICATION EVALUATION
Inassessingsponsorshipproposals, theCitywillconsider, asappropriate, thefollowing criteria:
4. 1 Compatibilityof prospectivesponsor's products, servicesand marketing goals with the City's mission, visions or values.
4. 2 Howproposedsponsorshipsupportscurrentpriorities, programs, and core services of the City, as defined in the City's current budget or other documents.
4. 3 The proposedsponsorshipmeetsa needidentifiedby policiesrelatedto provisionof servicesandprograms, theadoptedCitybudget, orCitypolicies.
In addition, the proposedsponsorshipenhancescurrent City priority programsand/orcoreservicesbyprovidingadditionalprogramming, financial and/or in -kind resources, communityoutreach, volunteers, or other tangible support at least equivalentto the City's contributions, or reduces General Fund expenditures.
4. 4 Compatibilityof sponsorshipmarketingbenefitsand temporaryadvertising with design standards or visual integrity of City facilities and/or events as definedin theCity's variouspoliciesandproceduresrelatingto brandingand style, theCitylogo, ZoningCode, andanyapplicableprovisionsoftheSanta Ana Municipal Code.
4. 5 Tangible and intangible benefits balanced for both the sponsor and the City.
4. 6 The prospectivesponsoris one of the following:
4.6. 1 Incorporated 501( c)( 3) nonprofit organization
4.6.2 California certified tax- exempt nonprofit organization
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4.6.3 Public agency
4.6.4 For profit, commercial and/or private business; or individual committee formally established by the City Council or an official City Board or Commission
4. 6. 5 Established club, association or organized group, as determined by the City Manager's Office or designee that provides services and programs directly to Santa Ana residents
4. 7 Prior relationships with the sponsor and the City have been successful.
4. 8 The City Manager or designee has the authority to incorporate a group and/or sponsorship for a specific event.
5. SPONSORSHIP AGREEMENTS
Sponsorship agreements shall be evaluated on a case -by -case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship Agreements shall be approved by the City Council.
6. EXCLUSIONS
The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner. The below sponsorships will not be considered.
6. 1 Promote practices that violate federal, state or local laws or regulations
6. 2 Parties involved in a lawsuit with City
6. 3 Promote drugs, alcohol, tobacco or tobacco -related products, gambling or adult materials or entertainment
6. 4 Discriminate based upon a protected class or any other basis prohibited by federal or state law.
6. 5 Include religious symbols, references or statements
6. 6 Include political symbols, references or statements
6. 7 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations
6. 8 Derive their business from the sale of alcohol, tobacco or tobacco - related products, firearms, pornography, or sexually explicit goods or services
6. 9 Appear to be in conflict with City policies, procedures, services, or products.
6.10 Create or appear to create a conflict of interest or a potential conflict of interest.
APPENDIX A
TERMS GLOSSARY
A. " City": the City of Santa Ana.
B. " Citywide Event Program Sponsor": supporting all City of Santa Ana events or combination of various events during the year.
C. " Co -Sponsors": a sponsor of the same program or service as another. 3 City Council
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D. " Donation": a monetary (cash) contribution, endowment, personalproperty, real property, financialservices, equipment, in kindgoods orservices, or any other asset that the City has accepted and for which the donor has not received any goods or services in return.
E. " Event Contributor": contributing supplies, in -kind services, and assistance with event programming.
F. " In -Kind Sponsorship": paymentof a sponsorshipfee in goodsor services rather than cash.
G. " Interest - Specific Event Sponsor": event programming for an interest - specificprogramcategoryduringthe year. Category sponsorshipsare ideal for companies and organizations interested in aligning their brand with a specific or niche target market.
H. " Media Sponsor": television and radio stations, print media, and outdoor advertising companies that provide cash, or more frequently, advertising time or space, in exchange for official designation of a facility, program or service.
I. " Official Supplier": a company or organization that pays a premium or provides substantialeconomic benefitinexchangefor therightto bethe sole advertised providerof goods or services providedto the City.
J. " PresentingSponsor": thesponsorthathas itsnamepresentedjustbelow that of the sponsored facility, program or service.
K. " Primary Sponsor": the sponsor providing the largest contribution and receiving the most prominent recognition.
L. " Single Event Sponsors": a sponsor that supports one event of their choice during theyear. Sponsorship benefitsvary dependingon event.
M. " Sole Sponsor": a company or organizationthat has paid to be the only sponsor of a facility, program or service.
N. " Sponsorship": the relationshipbetweena sponsorandthe City, in which the sponsorpaysa cashor in -kindfee, in returnfor accessto the commercial potential associated with a facility, program or service.
O. " Sponsorship Fee": a paymentmadebya sponsorto the City.
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EXHIBIT 2
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SPONSORSHIP AGREEMENT WITH LABORERS’ INTERNATIONAL UNION LOCAL #652 FOR CITY OF SANTA ANA’S 2023 CHICANO HERITAGE FESTIVAL
THIS SPONSORSHIP AGREEMENT is made and entered into this 15th day of August 2023 by and between Laborers’ International Union Local #652 (“Sponsor”), 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 (“City”).
RECITALS
A. The City is producing its Chicano Heritage Festival (“Event”) in Santa Ana on August 27, 2023 and desires to retain sponsors for the Event.
B. Sponsor represents that it is able and willing to provide sponsorship for the Event.
C. City and Sponsor desire to enter into this Sponsorship Agreement to identify each party’s respective responsibilities for the sponsorship.
D. Sponsor represents that it does not have any pending or open applications with the City that require discretionary approval.
E. Sponsor represents that it is not adverse to the City in any pending or ongoing legal proceeding.
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. SPONSOR BENEFITS
In exchange for the Sponsorship Fee specified in Section 2 below, City shall be responsible for providing the following to Sponsor:
a. Stage mention during sponsorship acknowledgements at Event;
b. Day-of social media acknowledgement in the form of a story on the @santaanaparks account; and
c. Social media acknowledgement in the caption of the post-event recap post on @santaanaparks.
2. SPONSORSHIP FEE
For its participation as a Sponsor for the Event and in exchange for the Sponsor Benefits in Section 1, above, Sponsor shall pay to the City a sponsorship fee of Seven Thousand Dollars and Zero Cents ($7,000). This sponsorship fee is payable by Sponsor to City upon execution of this Agreement and before Event. Sponsor shall not be entitled to the sponsorship benefits
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under this Agreement, or to otherwise participate in the Event, if the sponsorship fee is not received before the Event.
3. EXCLUSIVITY OF SPONSORSHIP
This sponsorship is non-exclusive. The City may enter into other sponsorship agreements for this Event.
4. TERM
This Agreement shall commence on the date stated above and continue through August 27, 2023, after the Event, unless terminated as otherwise provided in this Agreement.
5. INDEPENDENT CONTRACTOR
Sponsor 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 Sponsor performs the services which are the subject matter of this Agreement; however, the services to be provided by Sponsor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Sponsor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
During the term of this Agreement, Sponsor shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance:
(1) Commercial General Liability Insurance. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Worker’s Compensation Insurance. In accordance with California State law, Sponsor, if Sponsor 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, Sponsor agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident.
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(3) Broader Coverage. If the Sponsor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Sponsor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Sponsor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Sponsor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
(2) Primary Coverage. For any claims related to this contract, the Sponsor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintaine d by the City, its officers, officials, employees, or volunteers shall be excess of the Sponsor’s insurance and shall not contribute with it.
(3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
(4) Waiver of Subrogation . Sponsor hereby grants to City a waiver of any right to subrogation that any insurer of said Sponsor may acquire against the City by virtue of the payment of any loss under such insurance. Sponsor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(5) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Sponsor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
(6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
(7) Verification of Coverage. Sponsor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of
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the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Sponsor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
(8) Subcontractors. Sponsor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Sponsor shall ensure that City is an additional insured on insurance required from subcontractors.
(9) Special Risks or Circumst ances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
a. To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the “City indemnified parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a “claim”; collectively, “claims”), which may arise from Sponsor’s falsity or breach of any representation or warranty or breach of any covenant or agreement made or to be performed by Sponsor pursuant to this Agreement or Sponsor’s negligent and/or willful acts, errors and/or omissions of Sponsor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the City indemnified parties.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Sponsor.
b. To the fullest extent permitted by law, the City shall indemnify, defend and hold harmless Sponsor, its officers, agents and employees (collectively, the “Sponsor indemnified parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a “claim”; collectively, “claims”), which may arise from the City’s falsity or breach of any representation or warranty or breach of any covenant or agreement made or to be performed by the City pursuant to this Agreement or the City’s negligent and/or willful acts, errors and/or omissions of the City, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
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for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require the City to indemnify the Sponsor indemnified parties from any claim arising from the sole negligence or willful misconduct of the Sponsor indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the City.
8. CONFIDENTIALITY
If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party 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 receiving party, disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the disclosing party.
9. CONFLICT OF INTEREST CLAUSE
Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714-647-6956
Copies to: Parks, Recreation & Community Services Agency City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
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Santa Ana, California 92702-1988
Fax: 714-571-4221
To Sponsor: Laborers’ International Union Local #652
1532 E. Chestnut St.
Santa Ana, CA 92701
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 fax, 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 Sponsor regarding the subject matter herein, 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 Sponsor. 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 Sponsor or 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 Sponsor, Sponsor 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.
13. CANCELLATION OR TERMINATION
If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole discretion, shall determine whether, based upon in part on whether Sponsor had delivered on Sponsor’s obligations under this Agreement, and how to compensate Sponsor, if at all, for any loss of Sponsorship opportunity. City reserves the right to cancel any portion of the Event, as it deems necessary and appropriate.
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