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Home My WebLink About FULL PACKET_2007-06-18LES 5/29/07 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE SANTA ANA CENTRAL CITY REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 2, 1973, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1173, approving and adopting the Redevelopment Plan for the Santa Ana Central City Redevelopment Project. B. The Redevelopment Plan for the Santa Ana Central City Redevelopment Project has been amended eight (8) times by the City Council, as follows (as amended, the "Central City Redevelopment Plan"): • on June 2, 1975, by Ordinance No. NS-1258 (the "first amendment"); • on December 1, 1986, by Ordinance No. NS-1877 (the "s econd amendment"); • on October 3, 1994, by Ordinance No . NS-2234 (the "third amendment"); • on May 6, 1996, by Ordinance No. NS-2290 (the "fourth amendment"); • on August 2, 1999, by Ordinance No . NS-2396 (the "fifth amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "sixth amendment"); • on September 20, 2004, by Ordinance No. NS-2663 (the "seventh amendment"); and on May 16, 2005, by Ordinance No. NS-2685 (the "eighth amendment"). C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the 11 A-1 City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the Central City Redevelopment Plan. Section 2. Section 111.6.1. of the as "Except as specifically exempted herein, the Agency may acquire but is not required to acquire, all real property located in the Project area, by gift, devise, exchange, purchase, eminent domain, or any other lawful method. "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "The Agency shall not acquire interests in oil, gas or other mineral substances within the Project Area, except to preclude surface drilling within the Project Area. "The Agency is not authorized by law to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it becomes prvate property by being transferred by deed, lease, or otherwise to private ownership or control before the Agency completes land disposition within the entire Project Area if the Agency and the private owner do not enter into a participation agreement. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alteration, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." In accordance with Ordinance No. NS-2290 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property 2 11 A-2 within the Central City Redevelopment Project must be commenced no later than June 5, 2008, and those properties previously exempted from eminent domain by the Agency remain exempt. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 3 11 A-3 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers 2007 Miguel A. Pulido Mayor NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 11 A-4 LES 5/29/07 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE SANTA ANA INTER CITY COMMUTER STATION REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 6, 1982, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1636, approving and adopting the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. B. The Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project has been amended six (6) times by the City Council, as follows (as amended, the "Inter City Commuter Station Redevelopment Plan"): • on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); • on May 6, 1996, by Ordinance No. NS-2289 (the "second amendment" -- mistakenly identified in Ordinance No. NS-2289 as the "First Amendment"); • on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "fourth amendment"); • on September 20, 2004, by Ordinance No. NS-2664 (the "fifth amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "sixth amendment"); and C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). 11 A-5 D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the Inter City Commuter Station Redevelopment Plan. Section 2. Section 308 of the I follows: "The Agency may acquire but is not required to acquire, any real property located in the Project Area, by gift, devise, exchange, purchase, eminent domain or any other lawful method. "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "No eminent domain proceeding to acquire property within the Project Area shall be commenced after the date occurring twelve (12) years after the effective date of the ordinance approving and adopting the First Amendment to the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. Those properties previously exempted from eminent domain by the Agency shall remain exempt. [As amended by Ord. No. NS-2289 on 5/6/96.] "To the extent permitted and in the manner required by law, the Agency may declare specific property within the Project Area to be exempt from acquisition by eminent domain under this Plan. The Agency shall have no power of eminent domain as to property so designated, unless this Plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. "The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or character within the Project Area, except to preclude the right to explore for, produce or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surtace of any property in the Project Area. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the as 2 11 A-6 building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." By Resolution No. 84-4, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the Inter-City Commuter Station Redevelopment Plan or any amendment or extension thereof: (a) the property of Junior Lee Edwards located at 1110 N. Poinsettia Street; and (b) the property of Henry Lomakin located at 1041 Logan Street. In accordance with Ordinance No. NS-2289 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the Inter City Commuter Station Redevelopment Project must be commenced no later than June 5, 2008. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 3 11 A-7 ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 11 A-8 5/10/07 LES ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE SANTA ANA NORTH HARBOR BOULEVARD REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 6, 1982, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1637, approving and adopting the Redevelopment Plan for the Santa Ana North Harbor Boulevard Redevelopment Project. B. The Redevelopment Plan for the Santa Ana North Harbor Boulevard Redevelopment Project has been amended seven (7) times by the City Council, as follows (as amended, the "North Harbor Redevelopment Plan"): • on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); • on May 6, 1996, by Ordinance No. NS-2291 (the "second amendment" -- mistakenly identified in Ordinance No. NS-2291 as the "First Amendment"); • on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment"); • on January 20, 2004, by Ordinance No. NS-2641 (the "fourth amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "fifth amendment"); • on September 20, 2004, by Ordinance No. NS-2665 (the "sixth amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "seventh amendment"); and C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"); and 11 A-9 D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the North Harbor Redevelopment Plan; Section 2. Section 308 of the as "The Agency may acquire but is not required to acquire, any real property located in the Project Area, by gift, devise, exchange, purchase, eminent domain or any other lawful method. "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "No eminent domain proceeding to acquire property within the Project Area shall be commenced after the date occurring twelve (12) years after the effective date of the ordinance approving and adopting the First Amendment to the Redevelopment Plan for the Santa Ana North Harbor Redevelopment Project. Those properties previously exempted from eminent domain by the Agency shall remain exempt. [As amended by Ord. No. NS-2291 on 5/6/96.] "To the extent permitted and in the manner required by law, the Agency may declare specific property within the Project Area to be exempt from acquisition by eminent domain under this Plan. The Agency shall have no power of eminent domain as to property so designated, unless this Plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. "The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or character within the Project Area, except to preclude the right to explore for, produce or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surface of any property in the Project Area. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the 2 11A-10 standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." By Resolution No. 84-5, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the North Harbor Redevelopment Plan or any amendment or extension thereof: (a) the properties of Maria Rodriguez located at 410 and 414 North Harbor Boulevard; (b) the property of Jack Engle located at 417 South Harbor Boulevard; and (c) all properties within the North Harbor Redevelopment Project that were residential properties on February 27, 1984. In accordance with Ordinance No. NS-2291 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the North Harbor Redevelopment Project must be commenced no later than June 5, 2008. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severability. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 3 11A-11 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2007 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 11A-12 5/29/07 LES ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE SANTA ANA SOUTH HARBOR BOULEVARD/FAIRVIEW STREET REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 6, 1982, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1638, approving and adopting the Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project. B. The Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project has been amended seven (7) times by the City Council, as follows (as amended, the "South Harbor/Fairview Redevelopment Plan"): • on August 3, 1992, by Ordinance No. NS-2167 (the "first amendment"); • on October 3, 1994, by Ordinance No. NS-2234 (the "second amendment"); • on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment"); • on January 20, 2004, by Ordinance No. NS-2641 (the "fourth amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "fifth amendment"); • on September 20, 2004, by Ordinance No. NS-2666 (the "sixth amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "seventh amendment"). C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). 11A-13 D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the South Harbor/Fairview Redevelopment Plan. Section 2. Description of the Agencv's Eminent Domain Prooram. The Agency does not currently have the authority to acquire property by eminent domain to carry out the South Harbor/Fairview Redevelopment Plan, said authority having expired on September 2, 2004. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 2 11A-14 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers 2007 Miguel A. Pulido Mayor NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 3 11A-15 5/29/07 LES ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE SANTA ANA SOUTH MAIN STREET REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 6, 1982, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1639, approving and adopting the Redevelopment Plan for the Santa Ana South Main Street Redevelopment Project. B. The Redevelopment Plan for the Santa Ana South Main Street Redevelopment Project has been amended seven (7) times by the City Council, as follows (as amended, the "South Main Redevelopment Plan"): • on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); • on July 17, 1995, by Ordinance No. N S-2256 (the "second amendment" -- mistakenly identified in Ordin ance No. NS-2256 as the "First Amendment"); • on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment"); • on January 20, 2004, by Ordinance No. NS-2641 (the "fourth amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "fifth amendment"); • on September 20, 2004, by Ordinance No . NS-2667 (the "sixth amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "seventh amendment"). C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the 11A-16 City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the South Main Redevelopment Plan; Section 2. Section 308 of the as "The Agency may acquire but is not required to acquire, any real property located in the Project Area, by gift, devise, exchange, purchase, eminent domain or any other lawful method. "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "No eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the effective date of the ordinance approving and adopting the First Amendment to this Plan. The Agency acknowledges it has exempted certain properties in the Project Area from eminent domain by adoption of Resolutions No. 84-2, 82-73, 82-74, 82-75, 82-76, 82-77, 82-78, and 82-87. [As amended by Ord. No. NS- 2256 on 7/17/95.] "To the extent permitted and in the manner required by law, the Agency may declare specific property within the Project Area to be exempt from acquisition by eminent domain under this Plan. The Agency shall have no power of eminent domain as to property so designated, unless this Plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. "The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or character within the Project Area, except to preclude the right to explore for, produce or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surface of any property in the Project Area. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully pertorms under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, 2 11A-17 modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." By Resolution No. 84-2, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the South Main Redevelopment Plan or any amendment or extension thereof: (a) the properties of Gerald Peebler located at 203-205 So. Main, 112, 114, 116, 118 and 120 E. Walnut, and 202-206 So. Cypress; (b) the property of John Ralph Albert located at 917, 919 and 919-1 /2 So. Sycamore, 1024, 1026, 1026-1/2 and 1026A South Main Street; and (c) all properties within the South Main Redevelopment Project that were residential properties on February 27, 1984. By Resolution No. 82-73, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 1325 E. St. Andrews Place (as more particularly described in Exhibit A attached to Resolution No. 82-73). By Resolution No. 82-74, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 107 E. Cubbon (as more particularly described in Exhibit A attached to Resolution No. 82-74). By Resolution No. 82-75, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 505 So. Main (as more particularly described in Exhibit A attached to Resolution No. 82- 75). By Resolution No. 82-76, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 125 E. Central (as more particularly described in Exhibit A attached to Resolution No. 82-76). By Resolution No. 82-77, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 210 S. Main (as more particularly described in Exhibit A attached to Resolution No. 82- 77). By Resolution No. 82-78, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 221 So. Main St. (as more particularly described in Exhibit A attached to Resolution No. 82-78). By Resolution No. 82-87, adopted on September 21, 1982, the Agency exempted, from acquisition by eminent domain, the property owned by Donald J. McLaughlin and Oliver Marquis located at 210 S. Main Street (as more particularly described in Exhibit A attached to Resolution No. 82-87). In accordance with Ordinance No. NS-2256 (adopted on July 17, 1995, and effective on August 16, 1995), eminent domain proceedings to acquire 3 11A-18 property within the South Main Redevelopment Project must be commenced no later than August 16, 2007. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 4 11A-19 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2007 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 5 11 A-20 5/29/07 LES ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE BRISTOL CORRIDOR REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On December 4, 1989, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-2039, approving and adopting the Redevelopment Plan for the Bristol Corridor Redevelopment Project. B. The Redevelopment Plan for the Bristol Corridor Redevelopment Project has been amended five (5) times by the City Council, as follows (as amended, the "Bristol Corridor Redevelopment Plan"): • on October 3, 1994, by Ordinance No. NS-2231 (the "first amendment"); • on October 3, 1994, by Ordinance No. NS-2234 (the "second amendment"); • on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "fourth amendment"); and • on September 20, 2004, by Ordinance No. NS-2662 (the "fifth amendment"); and C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the Bristol Corridor Redevelopment Plan. 11 A-21 Section 2. Descriation of the Agency's Eminent Domain Prooram. The Agency does not currently have the authority to acquire property by eminent domain to carry out the Bristol Corridor Redevelopment Plan, said authority having expired on December 4, 2001. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 2 11 A-22 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2007 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 3 11 A-23 11 A-24 sizaio~ yes ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MERGED REDEVELOPMENT PLANS TO EXTEND CERTAIN TIME LIMITS AND MAKING CERTAIN REQUIRED FINDINGS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. As a result of Senate Bill 1096 (SB 1096) implementing the California State Budget for fiscal year 2004-2005, the Community Redevelopment Agency ("Agency') was required to make a $3,330,894.37 payment to the County Educational Revenue Augmentation Fund ("ERAF") by May 10, 2006. B. The legislation also included a provision that allows the legislative body to adopt an ordinance to amend the redevelopment plan extending the time limit on the use of tax increment to repay indebtedness and extend the plan effectiveness by one year for a redevelopment agency making an ERAF payment. C. For Redevelopment Plans with 10 to 20 years remaining, the legislation requires that the legislative body find that the Agency is in compliance with the major housing requirements. These include the requirement to deposit 20% of the gross tax increment into the housing set-aside fund, the adoption of a housing implementation plan, compliance with housing replacement and inclusionary obligations, and certification that no excess surplus exists. Plans with 20 years or more remaining cannot be extended. D. The City of Santa Ana has a merged redevelopment project area consisting of Central City, Inter-City, North Harbor, South Harbor, South Main and Bristol Corridor. 11 B-1 Section 2. The following time limits are proposed for amendment: TIME, LIMIT ON TIME LIMIT ON TIME LIMIT TIME LIMIT PLAN -PLAN PLAN ON RECEIPT ON RECEIPT EFFECTIVENESS EFFECTIVENESS OF TAX OF TAX (CURRENT (PROPOSED INCREMENT INCREMENT DATE) DATE) (CURRENT (PROPOSED DATE) DATE Central July 2, 2015 July 2, 2016 July 2, 2025 July 2, 2026 Cit Inter-Cit Jul 6, 2024 Jul 6, 2025 Jul 6, 2034 Jul 6, 2035 North July 6, 2024 July 6, 2025 July 6, 2034 July 6, 2035 Harbor South July 6, 2024 July 6, 2025 July 6, 2034 July 6, 2035 Harbor South July 6, 2024 July 6, 2025 July 6, 2034 July 6, 2035 Main 'Bristol December 4, 2030 December 4, 2030 December 4, December 4, 2040 2040 Not eligible for one year extension under SB1096. Section 3. Notice of the public hearing was mailed to the governing body of each affected taxing entity thirty days prior to the first reading of the proposed ordinance and published as required by law, ten days prior to the hearing. Section 4. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 2 11 B-2 ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: Councilmembers Councilmembers Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 3 11 B-3 11 B-4 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH REGULAR MEETING MARCH 23, 2007 MINUTES CALLED TO ORDER The meeting convened at 12:05 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Council member present: Michelle Martinez (Chairperson), Vince Sarimento, Sal Tinajero (arrived 12:55pm) Staff present: David Ream, City Manager; Cathy Sandiford, Asst. City Manager; Gerardo Mouet, Executive Director PRCSA; Joe Fletcher, City Attorney; Rob Richard, Executive Director Library; Ron Ono, Administrative Services Manager; Jose Sandoval, Assistant City Attorney; Jenny Rios, Recreation Superintendent; Alma Flores, Sr. Management Assistant; Frances Cadenas, Youth Council Coordinator. 1. PLANNING FOR YOUTH PROGRAMMING Youth In Government Initiative Staff presented the a draft program designed to offer Santa Ana Unified School District students an opportunity to see and participate in local government activities. This program will be similar to the Civic Awareness Program whereby students were given the opportunity to participate in an 8 week program to run the State Government operation in Sacramento. The Santa Ana Youth In Local Government Program (SYILG) is an 8 week program, focused on 30 high school juniors to senior students that will have an opportunity to participate and experience various aspects on how local government works. The program will include an orientation, preparation of staff reports, mock council meeting, and student participation. Students will have an opportunity to go to Sacramento to participate in the State Program. The cost is approximately $1,500/per student for travel and housing. To raise funding for this program and to send the students, a Youth Civic Awareness Banquet will be held at Delhi Center. Youth Expo Youth Expo provides an opportunity for students between the ages of 11 to 18 years and their families to participate and obtain information on higher education programs, employment and careers in community services, health and fitness, police, fire, military, sports and recreation.. The event includes, resource information booths, entertainment, demonstrations, exhibits and activities. The program for the 2007 Youth Expo is being proposed at Santa Ana College on Sunday, October 7, 2007 and will be similar to the 2006 Youth Expo, with the addition of intermediate school workshops concurrent with parent workshops, City of Santa Ana Council Committee on ~ ~ ~ _ ~ March 23, 2007 Parks, Recreation, Education and Youth -Minutes introduction of adult role models, and mentorship programs. Staff is also proposing a Youth Summit for intermediate age students. • Intramural/Intermediate Sports Initiative Staff provided a sports schedule, program cost including awards and T-shirts for intermediate age students. Programs include, Flag Football, volleyball, cross country, basketball, soccer, track and field, and tennis. • Catalina Island Excursion The Parks, Recreation and Community Services Agency will be sending 40 participants to Catalina in late August. Youth Master Plan Update The Youth Commission has been working on the creation of a Youth Master Plan that will develop a long term strategic plan for the youth and families in Santa Ana. The Youth Master Plan will provide information on Youth Resources, Youth and Family Needs, bases for Community Discussion, and provide a common Goal and Framework for future decision making. Discussion revolved around youth sports and physical improvements that will be phased in the plan. Staff provided a sample resolution in the report. 2. JOINT USE AGREEMENTS • Discussion on new Opportunities Staff presented possible opportunity areas for future joint use, which included Willard, Otsuka property and the Library. Staff is currently working with the Principal at Willard for possible joint use of the sports field and tennis courts. Staff is also working with the district to provide a landscape set back along the Santa Ana River side of the Otsuka property. The Library. Director is also continuing discussions with the district on joint use of school libraries. Issues related to public access through the school campus still needs to be resolved. The district is open to extending the hours at Valley and Century High School. Update on Spurgeon Staff is continuing discussions with the district on an old joint use agreement for use of fields, restrooms and maintenance at Spurgeon Intermediate School. 3. GODINEZ JOINT USE AGREEMENT UPDATE • Youth Fee Proposal. The Godinez Joint Use Agreement identifies one school fee for the use of Godinez facilities. City staff is proposing the district consider amending the district fee schedule to take into consideration a different fee for youth/adults, non-profit/profit organizations, and residents/non-residents. A proposed fee revision was provided for information that will be discussed with the City/School Technical Advisory Committee. • Fence Proposal City of Santa Ana Council Committee on 12.. B-,~ March 23, 2007 Parks, Recreation, Education and Youth -Minutes 3 L Staff presented a site plan of the districts proposal to install a 6' high wrought iron fence with 11 gates around the athletic field of Godinez High School. The gates will be closed during school hours and locked in the open position during non-school hours and on weekends to allow the public access to the joint use portion of the school. The district presented the proposal to the Centennial Park, Valley/Adams, Windsor Village and New Horizon Neighborhood Associations and received mixed reactions from the residents. The proposal will be presented to the Board of Recreation and Parks on March 28, 2007 for their information. 4. PARK PROJECT AND GRANT UPDATE Staff provided a list and status of the various park projects and grants administered by the agency. 5. PUBLIC COMMENTS • No Public Comments. 6. COMMITTEE MEMBER COMMENTS • Provide data of areas lacking open space. • Look into providing directional signage to Saddleback Park. • Provide signage for the public at Main Library north entrance to "Please use south entrance". • Look into posting the agenda and minutes on line. • Look into changing the time of the meetings to the evening. 7. ITEMS FOR FUTURE MEETINGS: • None 8. NEXT MEETING: May 25, 2007 12:OOpm City Hall, Room 831 Meeting adjourned at 1:45 p.m. Gerardo Mouet Executive Director Parks, Recreation Community Services Agency City of Santa Ana Council Committee on ~w Bow March 23, 2007 Parks, Recreation, Education and Youth -Minutes 3 3 CITY COUNCIL COMMITTEE ON DEVELOPMENT Special Meeting Minutes April 5, 2007 CALL TO ORDER The meeting was called to order at 2:08 p.m. in Room 831 of City Hall. ATTENDANCE The following Committee members were present: Miguel Pulido, Carlos Bustamante and Vince Sarmiento Staff present were: Dave Ream, City Manager, Steve Harding, Deputy City Manager for Development Services, Jay Trevino, Executive Director Planning and Building Agency; and Ben Kaufman, Chief Assistant City Attorney; AGENDA ITEMS 1. YMCA -POTENTIAL REDEVELOPMENT Steve Harding outlined the status of the Claremont Club interest in the YMCA. After significant evaluation and cost analysis, the Claremont Club concluded that costs (~ were higher than it anticipated. It ultimately determined not to pursue the project. Committee members briefly discussed the range of other proposals that had been submitted for the YMCA. Representatives from the Historic Society, Chapman University and the Orange County Clerk-Recorder's Office expressed a potential interest in using the building, or in its long-term preservation. Committee members suggested that, given how long the building has been vacant, an additional short wait through the summer of 2007 might be beneficial, especially if One Broadway Plaza gets under way. The committee asked that the item be kept on the agenda for further discussion. 2. INCLUSIONARY HOUSING POLICY Jay Trevino, Steve Harding and Ben Kaufman provided a brief presentation on the background of inclusionary housing concepts. Mandates from the State have placed a growing burden on communities to produce ever-increasing numbers of housing units, especially affordable housing units. These mandates stem from SCAG's Regional Housing Needs Assessment (RHNA) and also from redevelopment law. Staff advocated that the City Council establish a clear policy as to inclusionary housing and whether the City should enact an inclusionary housing ordinance or other program. Committee members expressed the need to balance the provision of affordable units ~ throughout the County, and the Region. Committee members suggested pursuing legislative options to change law that unfairly burden some communities. Committee 13 B-4 members requested additional. information about Santa Ana's RHNA numbers compared to other cities in Orange County. 3. DEVELOPMENT AGREEMENTS Jay Trevino summarized a memorandum provided to the Committee which provides an overview of development agreements and how they are used in California. The overview included a discussion of best practices in part culled from a League of California Cities publication. Committee members asked for a future comparison of how other cities use development agreements. The Committee discussed how development agreements might provide incentives for investment and development in Mid-City neighborhoods. 4. DEVELOPMENT FEES UPDATE Jay Trevino distributed the current schedule of development fees. He explained the periodic need to update the fees to ensure they comply with all State requirements, as well as to potentially raise revenue in categories where current fees are significantly subsidized by the general fund. An update to development fees will be the subject of an upcoming consultant agreement to be presented to the City Council. Committee members asked that the updated fee study include a comparison of fees in other cities, particularly a comparison as to the amount of subsidy other cities provide. 5. SCHEDULE FOR FUTURE MEETINGS -This item was not discussed. 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS Bud Warrick commented on regional economics, wages and housing affordability. Glen and Julie Stroud commented on the fence around Godinez High School. 7. COMMITTEE MEMBER COMMENTS -None 8. ITEMS FOR NEXT MEETING A. Encouraging development of small lots B. Our Lady of Guadalupe Church ADJOURNMENT - 4:15 P.M. . Trevino Executive Director Planning and Building Agency. JMT:rb fb:Councii Comm~Devel CCiDevel CC Minutes 04-05-07 Special Development Council Committee Minutes 2 April 5, 2007 13 B-5 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH SPECIAL MEETING APRIL 20, 2007 MINUTES CALL TO ORDER - 3:05 p.m. City Hall -Ross Annex Building 1~` Floor Conference Room 1600 Santa Ana, California Councilmembers: Martinez, Sarmiento, Tinajero Councilmembers present: Michele Martinez and Vincent Sarmiento Councilmembers absent: Sal Tinajero Staff Present: Gerardo Mouet, Jill Arthur, Ron Ono, Jose Sandoval, Martha Nunez and Frances Cadenas Public-Present: Robert Nelson, Joseph Stokely, Barbara Tallfy, Alejandra Gonzales, Guadalupe Celedon, Maria Mejorado, Ruth Alcalde, Gregory Bodenhamer, Darlyne R. Pettinicchio, Beverly MacLaren, Arlene Burt, Cynthia Coad, Peggy Bohrer, Deba Bhattacharyya, Rob Richardson, Judith Magsaysay, Manuel Ballestero, Mariel Ballaten, Albert Perez, Don Han, Tim Shaw, Adelina R. Garcia, Jose S. Arias, Hermelinda G. Ortiz and Millie Peralta. 1. Round table discussion with community leaders and agencies regarding Summer opportunities for youth. Michele Martinez welcomed everyone and introductions followed. Darlyne R. Pettinicchio / O.C. Probation Department - Kids are becoming part of the Juvenile Detention System - Early intervention or prevention by having the collaboration of the parents, schools and the City. - Collaborate and Education system can provide social services and after-school programs at the school system. - Parents and schools to bring prevention early intervention. - Parents early intervention by imposing values to children. Some groups brought together are' - Family Center on its way - Education resources for parents as a collaborate - Community Involvement - City of Santa Ana - County at large - We want to make sure we are not duplicating City of Santa Ana Council Committee on 1 April 20, 2007 Parks, Recreation, Education and Youth -Minutes 13 B-6 Collaborate =community, school district, City of Santa Ana, County and non-profit organizations. ISSUES • School is almost out for the summer • This year, it is too late to try to work on a bigger concept • What do we want to accomplish? • Where do we start? • What do we target? Darlyne R. Pettinicchio from the O.C. Probation Department commented on the need to provide more coordinated services to youth in order to prevent them from becoming part of the Juvenile Detention System. Ms. Pettinicchio made the point about the need to collaborate between parents, schools, and the City in order to provide early intervention and prevention social services after school. She emphasized that these efforts are key to instill the correct values in children. These collaborative efforts can be made effective by helping the Pio Pico Family Center to provide education resources for parents and encourage their involvement. She stated that the county too can be part of this collaborative, along with non-profit organizations. Gerardo Mouet, Executive Director, PRCSA, COSA - Youth Sports Program and Santa Anita Prevention Strategy Handouts. - A cost effective way is through sports, i.e. tennis, football, soccer, basketball, etc. - Summer Day Camp - Leisure Classes - Santa Anita Collaborate Programs - Non-profit organizations services Mr. Gerardo Mouet, the City of Santa Ana's Executive Director for the Parks, Recreation, and Community Services Agency emphasized the importance of sports as an effective after school approach and cited the Santa Anita initiative as an example. Mr. Mouet handed out information on the Santa Anita initiative as well as a resource summary list of programs and organizations that offer programs and services for Santa Ana youth. The point was made that sports is a cost effective way to keep youth positively involved in the community after school with proper adult supervision. Mr. Mouet also informed the group that the City is offering this summer a day camp program, the aquatics and other sports programs, as well as leisure classes. Rob Richardson -SAUSD - School district has the following schools Judith Magsaysay /SAUSD, Pio Pico Elementary - Summer School Cluster for elementary, intermediate and high schools was presented. - What is the target? Darlyne R. Pettinicchio / O.C. Probation Department - Elements/Location - Provide services to kids to keep them active Gerardo Mouet, Executive Director, PRCSA, COSA - Bring services to parents that do not speak English. - Explain to them how public services vs. private services work City of Santa Ana Council Committee on 2 April 20, Parks, Recreation, Education and Youth -Minutes 13 B-7 President of the Santa Ana Unified School District Board of Education pointed out the handout that listed the schools that would be providing summer school this summer. Principal of Pio Pico Elementary, Ms. Judith Magsaysay reviewed this handout. Ms. Pettinicchio mentioned that these schools offer the community opportunities to provide services to youth and keep them active. Mr. Mouet highlighted that services to parents that do not speak English is also key to a good strategy and it is important to clarify with the community how services from government is not the only source for services but that the non-profit sector also provides much of the services needed. Manuel Ballestero, SAUSD, Pio Pico Elementary - Turning bungalows into rooms - Mom's Club that provides services to young mothers - Make it a comprehensive center - Between now and June 30 provide services - Implement programs for kids in gangs - The key of having sports programs -makes kids play with each other -not fight with each other. - The help of the community facilitates the process - Create a prototype Michele Martinez, Councilwoman - Recalls how basketball was at her reach -she had something to do which kept off the streets - Social Services is another area to research Don Han /Santa Ana Human Relations - Boys Scouts and Girls Scouts have different programs Mr. Manuel Ballesteros from Pio Pico Elementary School explained how one of the bungalows was converted into the Family Center. One of the programs in the Center is a Mom's Club that provides services to young mothers. This type of program makes the Center more comprehensive. Another potential for the Center is to implement programs for kids in gangs. Mr. Ballesteros mentioned that a key success factor in sports program is to make sure kids play with each other and not fight with each other. He believes the Family Center at Pio Pico can be a model for other schools. Councilwoman Martinez made the point that sports, in her personal case basketball, can make a difference in keeping youth off the streets. Mr. Don Han from the Santa Ana Human Relations Commission stated that programs from the Boys Scouts and Girls Scouts can also add diversity in service. Rob Richardson -SAUSD - The school district can provide different programs. The problem is he is not sure that they would be able to provide the staff for these programs. Judith Magsaysay /SAUSD, Pio Pico Elementary - There has to be structure - Parents need to be there to participate - Parents need to make an agreement with their children not to be walking on the street. - Kids are being coerced onto selling drugs - Need responsible adults at the playgrounds - Not sure if the lunch program will be available this summer Mr. Richardson stated that the School District can provide the venues for these programs but not the staffing for these programs. Ms. Magsaysay added that the programs established need to be sure to have structure and ensure that parents participate. She suggested that parents make agreements with their City of Santa Ana Council Committee on 3 April 20, Parks, Recreation, Education and Youth -Minutes 13 B-8 children to be walking on the street. She has noticed that kids are being coerced into selling drugs. This is why it is important to have responsible adults at the playgrounds. She is also hoping the lunch program will be available this summer. Darlyne R. Pettinicchio / O.C. Probation Department - SAPD probation officers are willing to help - Establish early childhood values - Build a relationship with kids - Parents do not know where their children are - If programs are available, children would need supervision Councilmember Michele Martinez - Taller San Jose already has some programs Darlyne R. Pettinicchio / O.C. Probation Department - Rules need to be reinforced by parents - Schools to create a neutral territory. Councilmember Vincent Sarmiento - We need responsible participation - We need non-profit organizations that will provide quality service - Demand is high for programs - We don't want to duplicate services Ms. Pettinicchio mentioned that Probation Officers are willing to help. It is important, she said, to establish early childhood values and build positive relationships with kids. It is common for parents to not know where their children are, which is why it is key to obtain supervision for the children. She added that rules need to be reinforced by parents and that schools can offer the community a neutral territory. Councilwoman Martinez mentioned that Taller San Jose offers programs that can play a part in these efforts. Councilman Vincent Sarmiento emphasized that we need responsible participation and that non- profitorganizations are key in providing quality services because we recognize that demand for programs and services is high. Good coordination is also important because we want to avoid duplicating services. 3:55 p.m. Councilmember Sarmiento left at this time for another meeting. No quorum 2. Committee members comments No comments stated 3. Next Meeting: Wednesday, June 6, 2007 City Hall, Room 831 4. ADJOURNMENT: Meeting adjourned at 4:10 p.m. Gerardo Mouet Executive Director Parks, Recreation an Community Services Agency City of Santa Ana Council Committee on 4 April 20, 2007 Parks, Recreation, Education and Youth -Minutes 13 B-9 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting April 24, 2007 CALL TO ORDER The meeting was convened at 5:35 p.m. in the Police Department, 60 Civic Center Plaza, 4th Floor, Santa Ana, California. ATTENDANCE Councilmembers present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: City Manager David Ream, City Attorney Joe Fletcher, Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Phil Garcia, Deputy Chiefs Tony Harrelson and Pete Jensen, Deputy City Attorney Laura Rossini, Fire Marshal Lori Smith, Cmdr. Hank Couisine, Sgt. John Follo, Cpl. Jose Gonzalez, PIS Yolanda Pena, Fire Dept. Education Ofr. Mary Melendrez, Fire Capt. Dan Moorhouse, Executive Asst. to the City Manager Mark Lawrence, and Janet Chop, Recording Secretary. Public present: Teresa Flores; Stanley Fiala. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the March 27, 2007 meeting. 2. IDENTIFY 10 PROBLEMATIC LOCATIONS Deputy Chiefs Jensen and Harrelson reviewed the locations identified as problematic in the city. They stressed that the Police Department could have an impact on them using the Problem Oriented Policing model to help reduce visible signs of disorder and frequency of crime in the areas. Committee Member Benavides requested that the 1900 block of W. Myrtle and the 800 block of S. Townsend be added to the areas being addressed. Chief Walters stated that these locations would be added and that the Strike Force Unit would address those locations. 3. GANG INJUNCTION UPDATE ACA Paula Coleman reviewed the Santa Nita Gang Injunction and the progress to date. The gang injunction applies to the 134 identified members of the Santa Nita gang who engage in acts prohibited by the lawsuit. These prohibitions must occur in the "Safety Zone" and in an area open to the public. To date, 32 arrests have been made for violating the Gang Injunction. Half of those arrests involved other crimes in addition to an injunction violation. 13B-10 2 4. GANG ENHANCEMENTS At the last meeting, Councilmember Alvarez asked the City Attorney to look into possible municipal codes regarding graffiti that could aid the District Attorney's office in getting gang enhancements for sentencing. The City Attorney stated that graffiti is already one of those violations that the DA can obtain a gang enhancement on. The only other municipal code that "might" be a possibility is an anti-gang loitering ordinance similar to that which other cities are obtaining, but there was nothing else specific to graffiti. 5. STRIKE FORCE UPDATE Sgt. John Follo presented an update of the Strike Force, which consists of 10 SWAT Team members. He related the enforcement statistics since the inception of the Un_ it: 1448 total arrests; 84 weapons seized, _ approximately 95-1/2 Ibs of narcotics seized, 2,342 field interview cards written, 196 gang members documented, 245 parolees sent back to prison, and 12 murder suspects arrested. He also gave some sample cases of the outstanding work the Strike Force is doing. 6. POLICE DEPARTMENT STAFFING Chief Walters reviewed a chart showing the Police Department's full-time employees per 1,000 population. There are currently 386 positions in the Department with a City population of 351,322. He stated that the use of technology in solving cases has helped the Department to be as effective as possible considering that there is approximately the same number of employees now as in 1988 with a population of 274,600. 7. CENSUS TRACT STATS REGARDING ABC LICENSE LOCATIONS The ABC census tract information was received and filed. 8. ANIMAL SERVICES ORDINANCES DCA Laura Rossini reviewed miscellaneous amendments to Chapter 5 of the SAMC concerning various animal service issues. Incentives will be given for spay and neuter and micro chipping since they are not included in the amendments at this time. Committee members will review the amendments and recommend any suggestions of changes at the next Public Safety meeting. 13B-11 3 9. FIREWORKS REPORT Fire Chief Garcia introduced Mary Melendrez who is the Fire Department's Public Education Officer. Officer Melendrez gave a power point presentation regarding the Fourth of July activities, which included the City fireworks ordinance, fireworks booth lottery system, fireworks booth prevention activities, and the enforcement and educational campaign. TNT Fireworks donated a grant in the amount of $5,000, which was used for printing posters, flyers and a billboard to educate the citizens on the use of fireworks. The Fire Department and Police Department will continue their partnership to eliminate personal injury and property damage, along with minimizing the impact that improper use of Safe and Sane fireworks and illegal fireworks pose on the City's emergency services. 10. PUBLIC COMMENTS Stanley Fiala spoke regarding the gang issue in the city. 11. COMMITTEE MEMBER COMMENTS Fire Chief Garcia thanked the Police Department for their assistance on the Fireworks Education program. Committee Member Benavides stated that he was impressed how Departments work together to solve issues. 12. ITEMS FOR NEXT MEETING A. Proposed Amendments to Animal Services Ordinances B. Helicopter Contract Status C. Fire Department Personnel Chart with Compilation of Needs Data D. 10 Problematic Locations Relating to Gang Activity E. Possible Additional Gang Injunction Locations F. EPIC Commission G. Proposed Plan to Address Gang Violence 13. NEXT MEETING DATE -May 15, 2007, 5:30 p.m., City Hall, 20 Civic Center Plaza, 8~h Floor, Santa Ana, California. ADJOURN 8:30 p.m. CPAUL M. WALTERS Chief of Police jc 13B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE. APPOINTMENT OF MEMBERS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance onlsaReading ^ Ordinance on 2 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED 70 FILE NUMBER Appoint Mr. Lee McMurtray, Vice President of Commercial Banking, Cass Commercial Bank, as a private sector member and Mr. Benjamin Blank, Deputy Director, O.C. Social Services Agency, to the mandated Social Services seat on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD MOTION At its regular meeting of May 11, 2007, by a vote of 17:0 (Ray, abstained; Beasley, Campanelli, Chapman, Figueroa, Kanda, Lewis, Oakes, Quarles, Zarate absent) the Workforce Investment Board recommended that the City Council appoint Mr. Lee McMurtray, Vice President Commercial Banking, Cass Commercial Bank, as a private sector member, and Mr. Benjamin Blank, Deputy Director, O.C. Social Services Agency to the mandated Social Services seat on the Santa Ana Workforce Investment Board for four-year DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members would represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently, there are five mandated private sector vacancies on the Board and three public sector mandated vacancies consisting of one social services agency, one migrant and seasonal farm worker seat, and one local labor seat. After an extensive recruitment campaign and interview process, the Marketing Committee is recommending Mr. Lee McMurtray as a 13C-1 Appointment of Members to the WIB June 18, 2007 Page 2 private sector member (Exhibit 1). The 0. C. Social Services Agency has nominated Mr. Benjamin Blank, Deputy Director, Family Self-Sufficiency Division, to fill that mandated seat (Exhibit 2). Staff will continue to work to fill the remaining vacancies on the Board. FISCAL IMPACT There is no fiscal impact associated with this action. ^~~ Ste hen G. Ha ding Deputy City nager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTIONS\2007 CC\ApptMemberstoWIB-MCMurtraySBlank 6-16-07.doc 13C-2 M. Lee McMurtray 3000 W MacArthur Blvd Santa Ana, CA 92704 OBJECTIVE: To utilize my 14 yeazs of banking and lending experience by advancing it with a highly- successful, well-reputable company within a dynamic and limitless market. STRENGTHS: Strong professional record: • Proven business development and portfolio management skills. • Strong knowledge of accounting and financial principles, marketing and sales management, credit analysis, and economics. • Possess the drive, intelligence and communication skills to succeed. EXPERIENCE: Cass Commercial Bank, Santa Ana, CA September 2006- Present Division Manager, Commercial Banking Division • Team leader for all aspects of commercial banking division including mazketing, public relations, community service and client growth. • Manage a pipeline of over 15 clients per month. • Consistently ranked in the top 10% of bankers within the company. Sunwest Bank, Tustin, CA October 2004-September 2006 Vice President, Middle Market Commercial Banking • Manage both real estate and C&I credits. • Tazget mazket is businesses with annual sales from $lOMM to $100MM. Bank of Bartlett, Bartlett, TN July 2002-August 2004 Vice President, Middle Market Commercial Banking • Manage portfolio of $23 million in loans, $20 million in deposits. • Loans ranged from $1MM to $4MM and were presented to a committee. • Surpassed all quarterly and annual goals. AmSouth Bank, Memphis, TN Sept 1998-July 2002 Vice President, Business Banking • Surpassed all quarterly and annual sales goals by at least 10 Percent. • Portfolio included manufacturing, distribution, service and wholesale industries. National Bank of Commerce, Memphis, TN Mar 1994-Sept 1998 Vice President, Small Business Division • Excellent formal training in financial analysis, credit structure and sales. • Bank was consistently ranked among the top 5 performing banks in the U.S. EDUCATION: University of Mississippi, B.B.A., Management, 1993, Accredited American Institute of Banking: Commercial Lending, Financial Accounting, Analyzing Financial Statements, Principles of Law and Banking, and Economics for Bankers. AFFILIATIONS: Ambassador-Santa Ana Chamber of Commerce Member-Education Council, Santa Ana Chamber of Commerce Committee Member-St. Joseph's Ballet, Santa Ana, CA Exhibit 1 13C-3 ~~y F4 O 1~ U a W QI ~I ~x .~ ~ p w y c~ U d a°~i U a ~, U ~ ~ U P. i< a {. ~ . ~+ ~. 5 .^ a ,..~ .C h ~ ~Lr W O Y z ~ ~ ~ O 0 , ~ S ~ }v a ~i ~ ~, ~` z o U ~ H b s' t~ y y w y y ti ~" ~'^ ~" ~" 'J" ~.. f q ~_ Y Y. O U N ~ ~ N ~ ti r a~. .~ ~ ~ o ~ • ~ O •~ o ~ ~ ~ ~ °' ~ . o ca ~ ~ O ~~r! G ~ 'o U p b ~~ .~ 'r 3 vi ~ ~ a P. ~ x + N !~ d d G U G !~ Exhibit 1 ri ~§ G' o+ s ~d m N ~'' x ~ n O N ~ - .~ ~~ a ~ ~ U } } d ~ , 14, F C3 ~ ~ O .U, d N ~ ti o U v o ~ U +~ O w N x ~ ~, rn ~ ~$ t N ~ Q , d ~ ~ \ ~U ."„ ~ O ~,. ~ ~ U p o 'a ~' ~: U ~ U ,, U ° ~ ,~ p `" ~ ' x ~ 3 ~ o r > y V ~ ~ _ 'y Ci S~i ~ Q N ~ ~ Q ~ ~ f N + 'q N N ~ p z O N ~ `~ ~p~p++ ~ . o C ° N U U ~~ .^' ~ ~ ~' ~ o ~ ~ ~ > °' ~ 5C U [ ~ ~ ~ - ~ ~~ I 2 N O M O V O N N C O .~ m d N JC m E 13C-4 County of Orange SOCIAL SERVICES AGENCY 888 N. MAIN STREET SANTA ANA, CA 92701-3518 (714)541-7700 INCRID HARITA DIRECTOR ALISA DRAKODAIDIS CHIEF DEPUTY DIRECTOR JESS CARBAJAL DIVISION DIRECTOR ADMINISTRATIVESERVICES REBECCA GUB)ER DIVISION DIRECTOR ADULTSERVICES & ASSISTANCE PROGRAMS MICHAEL L. RII.EY, Ph.D. DIMS/ON DIRECTOR CHILDREN & FAMILY SERVICES March 5, 2007 Mike Hood, Chairman Santa Ana Workforce Investment Board P.O. Box 1988, M73 Santa Ana, CA 92702-1988 Mr. Hood, PHYLLIS WATANABE DIVISION DIRECTOR FAMILY SELF-SUFFICIENCY The County of Orange Social Services Agency (SSA) has a long and rewarding partnership with the Santa Ana Workforce Investment Board (WIB). We are committed to continuing and strengthening that partnership in the future. Due to unforeseen circumstances, Pauline Notch has retired from county service and has resigned her position on the Santa Ana WIB. It is with great pleasure that I nominate Benjamin Blank, Deputy Director of the Family Self-Sufficiency Division (FSS), as a Workforce Investment Board member representing SSA. Benjamin Blank has been a SSA employee for over 21-years with progressively responsible positions within the Agency. Benjamin has experience in Information Technology, managed one of our SSA regions, had a significant role in planning and implementing the CatWORKs/TANF Program, and is currently the FSS Deputy Director with responsibility for the CaIWORKs Program. Benjamin's resume is attached for your information and consideration. Thank you for consideration of our nomination to represent SSA on the Santa Ana Workforce Investment Board and we look forward to working closely with you in the future. Sincerely, ~?v~ , .~~ Phyllis Watanabe Director, Family Self-Sufficiency Attachment Exhibit 2 13C-5 BENJAMIN R. BLANK Home: (714) 523-2872 15527 Bluefield Ave. Office: (714) 541-7787 La Mirada, CA 90638 E-Mail: Ben.Blank@ssa.ocgov.com Objective Appointment to the Santa Ana Workforce Investment Board Summary of Qualifications Over 20 years experience administering human services programs, including legislative and regulatory analyses; local policy development; fiscal and budgetary analyses; research and data compilation/presentation; community collaboration; direct advisor to County of Orange Executive Management Employment History and Relevant Experience June 2005 to Present County of Orange Social Services Agency Santa Ana, CA Deputy Director (Program Manager Ill), Family Self-SufFciency Division • Oversight of CaIWORKs policy development and services • Statewide networking and collaboration with the California Welfare Directors Association for strategy and best practice development • Development and maintenance of service delivery models July 2003 to June 2005 County of Orange Social Services Agency Laguna Hills, CA Regional Manager (Program Manager ll), Family Self-Sufficiency • Manager of the Laguna Hills Regional Office, including approximately 75 employees in one primary district office and one satellite office • Responsible for direct services of the CaIWORKs Program to the public, including financial assistance, employment services, and employment support services such as child care, transportation, behavioral health services, and domestic abuse services • Child abuse prevention in collaboration with the Children and Family Services Division • Direct implementation of demonstration projects 2001 to 2003 County of Orange Social Services Agency Santa Ana, CA Program Manager 1, CaIWORKs Incentive Funds, Family Self-SufFciency • Oversight of innovative, prevention-focused programs funded by over $80 million in CaIWORKs Incentive Funds • Fiscal and budget analysis for CaIWORKs allocation of over $90 million • Research and data analyses/presentation • Legislative and regulatory analyses/presentation 2000 to 2001 County of Orange Social Services Agency Santa Ana, CA Assistant Program Manager, Family Self-Sufficiency, Central Operations • Central coordination of staffing and operational activities for Family Self-Sufficiency district offices • Research and data analyses/presentation • Legislative and regulatory analyses/presentation 1996 to 2000 County of Orange Social Services Agency Santa Ana, CA Program Assistant and Assistant Program Manager, Family Self-Sufficiency, Welfare Reform Planning • Planning and implementation of CaIWORKs Program Education Associate in Arts degree, Liberal Studies, Fullerton College, 1988 Orange County Leadership Academy, 2/05 to 6/05 Supervisory and Management Preparation, County of Orange Affiliation Orange County Child Care and Development Planning Council, 8/05 to Present County Welfare Directors Association, Self-Sufficiency Committee, 4106 to Present Exhibit 2 13C-6 z O U a ICI FBI W F+H 3 ~ O _ ~Q .". N ~ T U N Q CJ "U' ~ ~ U O ~ ~ ~ O U t~+ Q T ~ ~ Q G ~ ~ '^~ Q U ~+ .~. U W ~ W N ~ ~ w >~ ~; a W _ . ~ '~1 NN ! N G N T C z ¢ H Q ti ~"~ y ~ y ~ m '~+ ti ~ z 0 V ~ w `.~ ~,~ ~i W C O N s~ +,~ ~ ~ V] ~ ~ C ~ U h N £". ~ ~ ~ N 1 . ~ .~ o ~ . ~ ~ ti ~ ~ ~ o x ~ Q m .~ ~ 0 3 ~ ~ o U y i. ~ ° 3 ~ o 0 ~ ~ ~ a ~ 3 y ~ .b o 3 q w 3 ~ ~ b ~ c C O ~ ~ o .-.. `~ a v~ ry ~ x cG d d U a~ Exhibit 2 Q 'z N 5 O N `~ d' tl ~ ~ .~ C _ ? N ? a .~; 0 `C 0 ~ „` -~ R G o U ~° O : \ ? ~, ti ti ~ ~ C >i W d ^~ ~ ~ ~ O ^O 'b . R. n" ~ cs ~ r ., U ~ ti A, O .~ 5 U ~ Y U '° ~ U ~ m ti w ~ ~ a i , ~ ~ ti ~ ; o ~ a ~ x ~ ~ ~ O O ~ c ~~ ~ m m o 0 Y m v °' d ~ ~ ~ 3 U ~ U GD O O y ~ C ~ N N > a! O ~ ~ Y ~ w r3 v N O M O V O N N c 0 U N N N E X m E 13C-7 13C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 18, 2007 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ • z= CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section SB of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 MEMORANDUM To: Indhira Gagnon City Attorney's Office From: Staff name, dept. Date: Juue 1, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The „~% 6~` ~~ '~.~ ~~ Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 98-088. Thank you. staff name, title 19C-2 r ~„ CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD _ RECORD _ _RECORD RECORD CATEGORY SERIES _ DESCRIPTION _ DATES RECRUITMENTS Background Materials used in the preparation/ May 2004 and prior Materials implementation of recruitments. Bilingual Forms certifying bilingual capabilities for May 2004 and prior Certification employees receiving bilingual pay and for Forms applicants for recruitments which require bilingual capabiliity. Ethnicity Stubs From employment applications submitted at May 2004 and prior recruitment time, akept for outreach purposes. Examinaton Examination answer sheets completed by May 2004 and prior Answer Sheets applicants during testing process and other testing materials. Official Eligible Eligible lists signed by City Manager. Lists of May 2004 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only -original signed eligible lists are with recruitment file folder (according to classification title)). See attached spreadsheet, dated May 31, 2007, with recruitment files to be purged/digitally imaged. PREPARED BY: Michael S. Ernandes Date Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: nrique J. I a Date ~ j Executiv a for Perso Services Department APPROVED BY: ~; ~ y Ci 7~Q ~1,vt.l rk~L ~~,k ~ .(i 7 Joseph Fletch~ ate City Attorney 19C-3 ~. O C .N J N 7 N t U C O U L N N N 'O O U N N N 0 N O r 0 O N M T m 0 c a~ E L U (6 Q ~~ ~ ~~ W ~ Q N ~ m mw z ,~ ;n U m o o Q ~ `~ z J V V V V O~ 0 0 0 0 ~ N V (O ~ O ~ O (~ N ~ ~ v v M ~ 0 0 0 0 ~ v 0 ~r 0 v 0 m 0 ~ ~ O M ~ ~ a O 0 O 0 O 0 N O a N i O Y ~ Q L N O > N ~ C _ ~ (6 C N ~ } U ~ Q c a~i . o ~ ~ m o ` o ~ te a - N _ M Q f0 ~ A N ~ C cfl E ~ ~ E ~ o ;~ 3 a~ m ~ ~ a N ~ O ~ ~ U ~ N -~ ~ ~ . ` ~ m U w ~ a ~ ~ a O ~ ~ o N V V d D] ~~ O O O O O H 7 7 [O Z ~ d Ln ~ ll~ M 19C-4 PERSONNEL SERVICES DEPARTMENT RECORD _RECORD _ RECORD RECORD CATEGORY SERIES _ DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave May 2002 and prior PERSONNEL Donation Form hours be donated to the Union Business FILES Leave Bank to be used by union leaders for Union Business. W-4 form Employee's Withholding Allowance May 2002 and prior Certificate completed by EE authorizing employer to withhold Federal income tax from employee's pay and/or for indicating exemption. Please see attached spreadsheet, dated May 31, 2007, listing personnel files to be purged/digitally imaged. PREPARED BY: ichael S. Ernandes Date Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: ~a Enri u J. I Dafe Ex c tiv Dir ctor Personn ervices Department APPROVED BY: ., , Joseph Fletcher -Date City Attorney 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT ~ PERSONNEL SERVICES DEPARTMENT RECORD _ RECORD _ _ RECORD RECORD CATEGORY SERIES _ DESCRIPTION __ _ DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment forms May 2002 and prior FORMS (OFFICIAL) Flexible Enrollment forms for flexible spending May 2002 and prior Spending, program. Section 125 Life Insurance Employee life insurance enrollment forms May 2002 and prior Long-Term Employee Long-Term Disability Insurance May 2002 and prior Disability enrollment forms Insurance Medical Employee medical insurance enrollment May 2002 and prior Insurance forms EQUAL Employment and Personnel and employment records, May 2002 and prior EMPLOYMENT personnel including application forms, records OPPORTUNITY records pertaining to promotions, layoffs, COMMISSION terminations, salaries and training (EEOC) Involuntary Personnel records of terminated employee May 2002 and prior termination OFFICIAL Certification/ Request for Certification and/or May 2002 and prior PERSONNEL Reassignment reassignment forms which document and FILES Forms authorize hiring, reassignment, or other employee actions. Certificates of Certificates issued to EE which show May 2002 and prior Training completion date of training class(es). Commendation Letters of commendation and/or other May 2002 and prior Letters congratulatory documents received by and/or issued to EE. Disciplinary Memorandums, letters, or other records of May 2002 and prior Actions proposed and/or implemented disciplinary _ _ action(s). Doctor's Notes/ Notes/medical release forms, etc., submitted May 2002 and prior Medical regarding employee's medical condition. Releases Drug Screen Pre-placement and drug screening May 2002 and prior Test authorization and acknowledgement form(s) _ and results of drug screening. 19C-6 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class May 2002 and prior PERSONNEL Medical Leave title, pay rate, hours worked per pay period; FILES (FML) additions to or deductions from wages) .Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications. Job Application Applications for employment and resumes (if May 2002 and prior any) for hired employees. Medical Leave of Leave of Absence forms used in the May 2002 and prior Absences** documentation of medical leave (including pregnancy leave and Family and Medical Leave). Miscellaneous Documents not specifically mentioned but May 2002 and prior Documents kept in official personnel file. Notice of Form completed by employee and/or May 2002 and prior Separation department indicating effective date of separation, last day on the job, reason for separation, etc. Oath of Office Form completed and signed by employee May 2002 and prior affirming allegiance to the Constitution of the United States and the Constitution of the State of California. Outside Form submitted by employee for approval for May 2002 and prior Employment employee to be engaged in outside employment. Performance Employee performance evaluation forms May 2002 and prior Evaluations completed by supervisory personnel re employees' accomplishment of their assigned duties and responsibilities, etc. PERS Forms to enroll employees in the Public May 2002 and prior Enrollment Employees' Retirement System (PERS) Pre-Employment Forms completed by employee and medical May 2002 and prior Medical clinic to assess physical capability of employee prior to hiring. Security Check Form completed by Personnel Svcs to May 2002 and prior Form request Police Dept to conduct security check on employee prior to hiring. Special Licenses Special licenses issued to employees from May 2002 and prior DMV, accredited schools, etc., verifying employee meets certain job-related r equirements. Tuition Copies of applications for training and May 2002 and prior Reimbursement educational assistance which show EE Request r equest, department head approval, and final d isposition of request. 19C-7 C .a b O .C U .~°. 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G y ~ ~ ro ro .N. ~ U ~C f-~ v U (~ ~ y N T w O ro an ~ ~ U O . O p ro ~ ~ ~ ~ rn ~ C O ~ O C T ti. ~ v i ~ U ro ~ E h h N v i v i ~ Y ~ ~ ~ E O E O O ~. c tl w d b y ti. ~ ~ xT ro vOi ,~ ~ a. N ro Z . + ro U .~ v~ ~-' R w O G ~ O ro ~ i F. ro N N ro N N O b ~ O ~ " ~ N N v~ ro O a> O i `~ . ~ N y ~+ ~ w ro rn ro ~ v C A v G t-. O N ~ ro O G v v U ~ C . p C O i--7 c C s . A . ti ' V . p ~ H a ¢ ~ d ~ ¢ w a~ U U V g Q w w w 7 7 x x ti a ° w c c ~ ~ w w v~ v v > > 19C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: AUTHORIZE THE USE OF MCFADDEN LEARNING AND TECHNOLOGY CENTER FOR THE POLICE ATHLETIC ACTIVITIES LEAGUE .c ,c-~-------'... CIT MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the use of the McFadden Learning and Technology Center to house the Santa Ana Police Athletic Activities League. The Police Department is in the beginning stages of establishing the Santa Ana Police Athletic Activities League (SAPAAL) program to help reduce gang violence, deter gang involvement, and to mentor the youth in our community. As part of the program, Police Department staff will coordinate after- school programs such as tutoring, peer support groups, and sports and recreational activities for at-risk youth. Staff evaluated five possible locations to house the SAPAAL program and has determined that the McFadden Learning and Technology Center best meets the needs of the program. The Parks, Recreation and Community Services Agency, which currently manages the McFadden Learning and Technology Center, has offered the use of the facility to house the SAPAAL program. The Agency will provide the existing furniture, computers, and computer stations. Athletic fields, a swimming pool, and a park are within two blocks of the facility, which may be advantageous in facilitating future SAPAAL activities. The after school homework assistance services at the McFadden Center will continue to be offered to the youth from the neighborhood through a Community Development Block Grant. FISCAL IMPACT There is no fiscal impact with this action. ~ ~ ., Paul M. Walters Chief of Police Police Department 19D-1 19 D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: CIVIC CENTER SIGNAGE is ~~"".~- CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the Civic Center Signage Concept design as presented by the County of Orange. DISCUSSION The County of Orange hired Knightsbridge Architectural to review the directional Signage in and around the Civic Center and prepare a Signage plan to assist the public in locating the various offices and governmental agencies in the Civic Center. The consultants are recommending changes to the directory signs, building identification, vehicular Signage, and installation of marquees at intersections in the Civic Center. On January 30, 2007 the concept plan was presented to and approved by the Board of Supervisors. The Board of Supervisors directed County staff to present the Signage and landscape plans to the City for review and approval. The Board also authorized the Resources and Development Management Department staff to revise concept designs as necessary to meet the City of Santa Ana and the Civic Center Commission design review and for subsequent construction permit approval requirements. The signage concept plan was reviewed by City staff in Planning, Public Works, Police and Parks, Recreation and Community Services Agency. On May 4, 2007 the concept signage plan was presented to the Civic Center Commission. The Civic Center Commission provided input and approved the signage proposal. County staff will be at the meeting to present the Civic Center Signage Concept Plan to the City Council. 19E-1 Civic Center Signage June 18, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, - ' Executive Dir for Parks, Recrea ion and Community Ser 'ces Agency 19E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: APPROPRIATION ADJUSTMENT - WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing additional revenues of $5,401 in Title I 15% Incentive Award funds from the State of California for Workforce Investment Act programs. DISCUSSION The State of California has awarded the Santa Ana Workforce Investment Board (WIB) with an Incentive Award for meeting performance measures in Program Year 2005/06. These funds will be used to augment program operations. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA Incentive Award 05-06 account (account no. 123-177-6221). APPROVED AS TO FUNDS AND ACCOUNTS: Ste¢Shen G. Hang Deputy City M ager for Development Services Community Development Agency SGH/LM/mlr Francisco Gutierrez Executive Director Finance & Management Services Agency 7~~ H:\ACTIONS\2007 CC\TEMPLATE AS OF 6-19-06\Unanticipated Funds 6-18-OZ doc 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: CONTRACT RENEWAL FOR MEDICAL EXAMINATION PROGRAM (SPEC. NO. 04-042) J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew. the contract with Pacific Medical Clinic for pre-placement physicals and medical examination services for a one-year period in the annual amount not to exceed $27,500. DISCUSSION The City of Santa Ana has approximately 1,700 full-time and 600 part-time employees working in jobs ranging from public safety and heavy labor to clerical and administrative positions. Offers of employment to prospective employees are conditional upon successful completion of a pre-placement medical exam and drug test. In addition, periodical examinations are provided for current City employees as required by law or under special circumstances. The City's objective is to give equal consideration in employment to all applicants who can reasonably be expected to perform the jobs' various tasks, with or without special accommodation, and without undue risk to themselves, co-workers, or the public. In order to meet the objective, the City contracts with a medical center for the services. On June 21, 2004, the City Council awarded a contract to Pacific Medical Clinic for a two-year period, with provision for three, one-year renewals. The Santa Ana vendor has offered to extend the same terms and conditions with a minimum increase in pricing. The vendor has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 22A-1 Contract Renewal for Medical Exams June 18, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Other Personal Services accounts (object code 6191.) APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ vY~.-, Enriqu J! Alva Execut Director Personnel Services ~~ ~~-~ Francisco Gutierrez /Executive Director 6 -Finance & Mgmt. Services Agency `r EJA/KM/04-042R2.S:uc 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: CONTRACTS RENEWAL FOR PLUMBING SERVICES (SPEC. NO. 04-030) i ~ - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for plumbing services for a one-year period in the annual aggregate amount not to exceed $100,000 with the following vendors: Coast Plumbing, Heating, and Air, Inc. Orange Coast Plumbing, Inc. DISCUSSION The City maintains in excess of 50 buildings including fire stations, recreation and senior centers, park restrooms, and libraries, as well as City Hall and the Corporate Yard. Plumbing services are required at times by all City departments for the purposes of drain cleaning, leak repair, and general maintenance as well as installations of water heaters, faucets, basins, and toilets. Occasionally, a leak or breakage will require an immediate response to maintain safety and prevent additional damage. The contracts for plumbing service provide fixed pricing for both maintenance and emergency services for all City departments. Additionally, repairs and refurbishment of the plumbing at fire station no.3 and City Hall have been identified for this contract period at an estimated amount of $55,000. On April 19, 2004, the City Council awarded contracts to Coast Plumbing, Heating, and Air, Inc., and Orange Coast Plumbing, Inc., for a two-year period with provision for two, one-year renewals. The vendors have agreed to renew the contracts without an increase in pricing. The vendors have performed satisfactorily during the past contract period, and staff recommends the secon~'renewal of the contracts. 22B-1 Contract Renewal for Plumbing Services June 18, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (objective code 6261). Francisco Gutierrez ,of Executive Director 0 Finance and Management Services Agency~~ FG/BP/04-030R2.2:uc 22B-2 REQUEST FOR. COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 18, 2007 TITLE: APPROVED ^ As Recommended CONTRACTS AMENDMENT FOR ^ As Amended TEMPORARY PERSONNEL SERVICES ^ Ordinance onl~aReading ^ Ordinance on 2" Reading (SPEC. NO. 05-044) ^ Implementing Resolution ^ Set Public Hearing For_ ~~..~~~_ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contracts for temporary personnel services in the amount not to exceed $250,000, and extend the contract term to December 31, 2007 with the following vendors: Abigail Abbott Staffing Services, Inc. APR Consulting, Inc. Devon & Devon Career Professionals Coneybeare, Inc. Howroyd Wright Employment Agency, Inc. Focus On Temps, Inc. d/b/a AppleOne Employment Services Kimco Staffing Services SelectRemedy(former PDQ Personnel Services) Venturi Staffing Partners DISCUSSION The availability of temporary personnel services provides departments with the flexibility to hire staff during peak workload periods, as well as during the recruitment period for a given position. The recommended contracts will provide various departments with the necessary temporary personnel services. Ten primary personnel classifications which include clerical assistant, file clerk, accounting clerk, typist, data entry clerk, receptionist and custodian are offered by the various vendors. Personnel are paid on an hourly basis according to job classification. City departments may utilize any of the vendors depending on rate, need and availability. Awarding multiple contracts provides a full spectrum of staff from the Southern California job pool, including four Santa Ana vendors. 22C-1 Contracts Renewal June 18, 2007 Page 2 for Temporary Personnel Svcs Current contracts with temporary services age year's usage and budgeted special projects Extending the contract date through the end of for uninterrupted temporary personnel services from on-going service needs to either a reorganization of staff duties. FISCAL IMPACT ncies are based on the prior requiring additional staff. the calendar year will allow while departments transition consultant contract or a Funds are available in the various departmental Other Personnel Services accounts (object code 6191). APPROVED AS TO FUNDS AND ACCOUNTS: nriqu A aj ~d/Francisco Gutierrez Execut e D'regtor ~ Executive Director Personnel Services Finance & Mgmt. Services Agency ~:- EJA/KM/OS-044R.5:uc J 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: CONTRACTS AWARD FOR COMPUTER EQUIPMENT AND SOFTWARE (SPEC. NO. 07-025) ~~~~~~..r_______- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing Fort CONTINUED TO FILE NUMBER I. Reject the bid from Ma Laboratory, Inc., as non-responsive. 2. Award contracts for the purchase of computer equipment and software for a two-year period, with provision for three, one-year renewals in an annual aggregate amount not to exceed $1,000,000 with the following vendors: Direct Manufacturers: Dell Computer Corporation Gateway Companies, Inc. Hewlett Packard MPC-G DISCUSSION Value-Added Resellers: ASAP Software En Pointe Technologies, Inc. Govplace PC Mall Gov, Inc. Sehi Computer Products, Inc. The City of Santa Ana utilizes various computer hardware and software throughout the organization to facilitate daily operations. For fiscal year 2007-08 the estimated cost of replacing and adding computer workstations, network servers, printers and other various hardware and software is $1,000,000. This includes adding personal computers for new recreation, library and police programs and acquiring six new network servers that will replace the computer mainframe with the implementation of the new finance management software. The City will also be replacing approximately two hundred personal computers and twenty network servers exceeding their useful life of four years or when warranties expire. The City is seeking to establish a network servers, desktops computers, computer equipment, and software significant savings based on quantity list of qualified vendors to provide printers, laptops, other peripheral to provide quality products at a pricing. 22D-1 Contracts Award For Computer Equipment June 18, 2007 Page 2 The notice inviting bids from value-added and 22, 2007, and bids were solicited. and bids received is as follows: resellers was advertised March 21 A summary of the bid invitations 12 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 8 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on April 13, 2007, and evaluated (Exhibit 1). The bids received from ASAP Software, En Pointe Technologies, Inc., Govplace, a Santa Ana vendor, PC Mall Gov, Inc., and Sehi Computer Products, Inc., are responsive to the specifications and meet the City's requirements. The Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi- State Cooperative Agreements for Commodities, IT Goods & Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expends public funds for the acquisition of both goods and services. Authorized desktop computer manufacturers include Dell Computer Corporation, Gateway Companies, Inc., Hewlett Packard and MPC-G. Staff recommends awarding contracts to the direct manufacturers and value- added resellers to allow for solicitation of competitive quotes. The action will provide the most efficient method of obtaining necessary computer hardware and software without interrupted service to the City agencies. FISCAL IMPACT Funds are available in the PC Strategic Plan Fund account (account no. 110- 179-6641). ~wifi2li~L (tiL(~~-~ n,yFrancisco Gutierrez ~~ Executive Director `D'"Finance and Management Services Agency FG/PA-K/07-025.2:uc 22D-2 U C j O ~ N C C ~ ~ ~ ~ N O ~ N ~ Z N Q t» U C N U ~ 7 M ~ N O l0 ~ O ~ ~ ~ Z N U ~ d U C N ~ ~ t~7 N N N ~ ~ V ~ m Z N ~ ~ a O ` N a d p d ~ M V U U N d Z N m ~ ~ N ~ Q ~ Q o ~ O. o l0 ^ N M ~ W N ~ ~ ~ Z cM ~ otf Z N J ~ ~ j ~ t° d ~ fn o CJ M N o M O C7 W a Q a ~ ~ Z ~p N W Q ~ m ~ F a Q t ~ ~ ~ ~ H ~ C C Ol ~ M ~ O d ~ ~ N Z ~ N Q W W y3 Q ~ m ~ N ti Q O U o U Z ~ c ~ m O a 0 ~ ~ m Q U A ~ > ~ ~ ~ H F N N C O a N N C O C N N a N C U N U C O l0 a J m E 0 a 00 22D-3 ~~ 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 18, 2007 TITLE: ~~ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION J~; 1. Award a contract to Freeway Electric, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $352,000 for traffic management on Harbor Boulevard, Segerstrom Avenue and Edinger Avenue. 2. Approve a Funding Analysis with a total estimated construction cost of 5439,900. DISCUSSION This project provides for installation of video detections, traffic loops, traffic signal upgrades, and traffic signal interconnects on Harbor Boulevard, Segerstrom Avenue and Edinger Avenue (Exhibit 1). The project will allow staff to communicate with traffic signals, monitor traffic volume and speed, and make adjustments as necessary to traffic signal timing based on real time traffic conditions. The Notice Inviting Bids was advertised on May were opened on May 30, 2007. A summary of the the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 6 Bids received: 4 Bids received from Santa Ana Contractors: 0 9 and 11, 2007, and bids bid invitations mailed, 23A-1 HARBOR BOULEVARD, SEGERSTROM AVENUE AND EDINGER AVENUE TRAFFIC MANAGEMENT (PROJECT NOS. 06-1719, 06-1720 AND 06- 1721) Harbor, Segerstrom, Edinger Traffic Management June 18, 2007 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Freeway Electric Riverside $352,000 2. Christopher R. Morales, Inc. City of Industry $365,000 3. Republic ITS, Inc. Novato $468,000 A total of four bids were received and all but one were responsive. KDC Inc., failed to submit addendum number two that revises the contract bid items, thereby making their bids non-responsive. The lowest bid was submitted by Freeway Electric for $352,000, which is above the Engineer's estimate of $288,000. ENVIROHI~7ENTAL IMPACT After completion of Environmental Review Nos. 2006-112, 2006-183 and 2006-184, a Categorical Exemption will be filed for these projects pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $439,900 for the project (Exhibit 2). Funds are available in the Measure M Street Construction Fund (account no. 32-551-6631) the Selected Street Construction Fund (account no. 59-551-6631) and the Transportation system Improvement Area E & F Funds (account nos. 34-631-6631 and 35-631-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Rags Francisco Gutierrez Executive Director Executive Director M Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\2007\06-18-07 06-1719 Harbor Segerstrom Edinger Award.doc 23A-2 EXHIBIT 1 SANTA ANA ~' City Council HARBOR BLVD, SEGERSTROM AVE AND EDINGER AVE P~ WA ^ Agenda Date: TRAFFIC MANAGEMENT AND INTERCONNECT CONDUIT ,,,~,~„~,~,,,~,,,,, PR OB-1719, 1720 & 1721 June 18, 2007 23A-3 FUNDING ANALYSIS PROJECT NOS. 06-1719, 06-1720 AND 06-1721 HARBOR BOULEVARD, SEGERSTROM AVENUE AND EDINGER AVENUE TRAFFIC MANAGEMENT Construction Contract $352,000 Contract Administration $21,600 Inspection and Testing $31,200 Survey Staking $35,200 TOTAL ESTIMATED CONSTRUCTION COSTS $439,900 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: ADAPTIVE DOWNTOWN TRAFFIC SIGNAL SYSTEM PHASE IV (PROJECT NO. 06-1722) I ,~~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER ;RECOMMENDED ACTION `/` 1. Award a contract to Christopher R. Morales, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $329,600 for Adaptive Downtown Signal System Phase IV. 2. Approve a Funding Analysis with a total estimated construction cost of $412,000. DISCUSSION This is the final phase of four phases to upgrade the City's outdated traffic signal control system and traffic signal equipment in the Downtown area (Exhibit 1). This project will upgrade the traffic signal system communication infrastructure, replace cabinets and controllers, and install video detection systems at various locations in the downtown area. The completed system will enable the City to monitor and make adjustments to traffic signals based on real time information. The Notice Inviting Bids was advertised on May 4 and 7, 2007, and bids were opened on May 23, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 23 Bids received: 7 Bids received from Santa Ana Contractors: 0 23B-1 Adaptive Downtown Signal System Phase IV June 18, 2007 Page 2 Name Of Bidder 1. 2. 3. 4. 5. 6. 7. Christopher R. Morales, Inc. CSI Electrical Contracting, KDC Inc. dba Dynalectric California Engineering & Contracting, Inc. Republic ITS Freeway Electric City Industry Inc. Santa Fe Springs Los Alamitos Fountain Valley Moore Electrical Contracting, Inc. Navato Riverside Corona Bid Amount $329,600.00 $353,251.00 $398,900.00 $411,343.40 $427,400.00 $444,200.00 $674,121.00 A total of six bids were received and all were responsive bids. Christopher R. Morales, Inc., submitted the lowest bid for $329,600, which is above the Engineer's estimate of $263,600. ENVIRONMENTAL IMPACT After Completion of Environmental Exemption will be filed for this Environmental Quality Act. FISCAL IMPACT Review ER 2006-185, Categorical project pursuant to the California The funding analysis shows a total estimated construction cost of $412,000 for the project (Exhibit 2). Funds are available in the Measure M Street Construction Fund (account no. 32-551-6631), the Selected Street Construction Fund (account no. 59-551-6631) and the Transportation System Improvement Area F Fund (account no. 35-631-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G Ross Fra Executive Director Exe Public Works Agency Fin K:\construction\RFCA-draft\2007\06-18-07 06-1722.doc ~~ , ncisco Gutierrez !,r cutive Director ance & Mqmt. Services Agency 23B-2 EXHIBIT 7 SAMTA AMA ~1 City Council ADAPTIVE DOWNTOWN TRAFFIC SIGNAL SYSTEM Pj WA ~ Agenda Date: PHASE IV \~"""~""-"`w"~ June 18, 2007 PROJECT O6-1722 23B-3 FUNDING ANALYSIS PROJECT NO. 06-1722 ADAPTIVE DOWNTOWN TRAFFIC SIGNAL SYSTEM PHASE IV Construction Contract $329,600 Contract Administration $21,600 Inspection and Testing $27,840 Contingencies $32,960 TOTAL ESTIMATED CONSTRUCTION COSTS 5412,000 Exhibit 2 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: J[JNE 18, 2007 TITLE: AGREEMENT FOR COMPREHENSIVE PHYSICAL EVALUATIONS, HEALTH SCREENING AND VACCINATIONS . CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Medical Center of Santa Ana in an amount not to exceed $100,000. DISCUSSION The City requires annual comprehensive physical evaluations for the Fire Department's sworn personnel. The Police Department offers the service, on a voluntary basis, to all personnel also. The program provides one- on-one feedback, including recommended programs for physical improvements, methods to assist in the early detection and treatment of illnesses or injuries and to assist in minimizing time lost from them. Also both the Fire and Police Departments provide "hazmat" and "SWAT" evaluation physicals to members of those units. Finally, the Personnel Services Agency provides low cost flu vaccinations to City employees through this agreement. Bids were requested and received from three medical facilities to perform the requested physicals and provide the vaccinations. The three facilities were U.S. Healthworks, the current provider of the annual physicals, Pulmonary Consultants, the current provider of the "hazmat" and ~~SWAT" physicals and the Medical Center of Santa Ana. The Medical Center of Santa Ana provided the lowest cost for both types of physicals. The Fire and Police Departments are recommending entering into an agreement with the Medical Center of Santa Ana. 25A-1 Annual Physicals June 18, 2007 Paget FISCAL IMPACT Funds are budgeted in the fiscal year 2007-08 Fire Department, Fire Suppression, Other Contractual Services account (account no. 11-323-6291, $60,000); the Police Department, Human Resources Division, Other Contractual Services account (account no. 11-332-6291, $35,000); the Personnel Services, Employee Group Benefits, Benefit Payments Wellness account (account no. 81-177-6527, $5,000). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ~~ ~;v' Executive Director Finance & Management Services Agency C~ r (~NLJ Paul M. Walters Chief of Police Police Department Enriqu lva Execu 'we Di ector - Personnel Personnel Services Agency 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: AGREEMENTS FOR PARK LANDSCAPE MAINTENANCE SERVICES ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a two-year agreement, with three one-year renewal options, with Merchants Landscape to provide park landscape maintenance services in an annual amount not to exceed $346,004. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a two-year agreement, with three one-year renewal options, with Master Landscape to provide park landscape maintenance services in an annual amount not to exceed $676,394. The Parks, Recreation and Community Services Agency currently divides the City into four separate park maintenance districts. Districts 1 and 3 are maintained by City staff, and the maintenance for Districts 2 and 4 is contracted out. The current landscape maintenance contract for maintaining Districts 2 and 4, which include 18 of our 40 park sites, expires June 30, 2007. A notice inviting proposals was advertised on April 19, 2007, and a request for proposal was solicited. A summary of the request for proposal invitations and proposals received is as follows: 14 Request for Proposals mailed 5 Request for Proposals mailed to Santa Ana vendors 4 Proposals received 2 Proposals received from Santa Ana vendors 25B-1 Agreements for Park Landscape Maintenance June 18, 2007 Page 2 Proposals were received and opened on May 22, 2007. The four firms that submitted proposals were Merchants Landscape and Maintenance, Master Landscape, Midori Gardens and Vista Del Verde. Each proposal was evaluated based on the vendor's capability and experience, past performances, and cost of proposal. The evaluation results and annual costs for each district are as follows: Score District 2 Cost District 4 Cost Master Landscape 460 $419,604 $614,904 Merchants Landscape 469 $314,549 $590,332 Midori Gardens 244 $572,244 $1,018,332 Vista Del Verde 327 $626,004 $1,699,452 The proposals received from Merchants Landscape and Master Landscape were most responsive to the specification and meet the City's requirements. The City proposes to enter into a two-year agreement with Merchants Landscape, with three one-year renewal options, for the maintenance of District 2. The annual base contract cost is $314,549. An additional $31,455 is included for unforeseen emergencies, resulting in a total annual contract amount of $346,004. In addition, the City proposes to enter into a two-year agreement with Master Landscape, with three one-year renewal options, for the maintenance of District 4. Master Landscape was selected due to their business plan and resources available to perform in District 4 specifically. The annual base contract cost is $614,904. An additional $61,490 is included for unforeseen emergencies, resulting in a total annual contract amount of $676,394. These two agreements will replace the existing agreement with Midori Gardens for maintaining parks in Maintenance Districts 2 and 4. By replacing the single agreement with two agreements, the Parks, Recreation and Community Services Agency believes the smaller maintenance areas will be more manageable for the landscape contractors, which will result in better quality landscape services. In addition, the new specification requires the landscape contractors to hire a subcontractor that specializes in infield maintenance, which will improve the quality of our baseball infields. Both Merchants and Master will be utilizing Major League Softball as their infield maintenance subcontractor. 25B-2 Agreements for Park Landscape Maintenance June 18, 2007 Page 3 FISCAL IMPACT Funds are available in the FY 2007-08 Park Services, Other Contractual Services object code (account no. 11-250-6291) and in the Building Services object code (account no. 11-260-6291). APPROVED AS TO FUNDS AND ACCOUNT: ~/~ / Gerardo Mouet, Francisco Gutierrez, Executive Dir for Executive Director Parks, Rec. aid Com. Svcs. Finance and Mgt. Svcs. Agency 25B-3 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE' CONTRACT FOR CONSULTING SERVICES FOR WESLEY A. BOSCH ~0 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Wesley A. Bosch, M.A., to provide counseling and assessment services for clients at the Santa Ana WORK Center for an amount not to exceed $70,000. DISCUSSION Wesley A. Bosch, a Family and Marriage Counselor, has been providing counseling services for clients at the Santa Ana WORK Center for the past seven years. Mr. Bosch assists clients in resolving personal and/or family issues that may be interfering with their ability to seek employment or training. He also helps clients to clarify, identify and establish appropriate career goals and direction through counseling and through assessment. Staff recommends that the contract with Mr. Bosch be renewed until June 30, 2008, to continue to provide this service to WORK Center clients. 25C-1 Contract for Wesley A. Bosch June 18, 2007 Page 2 FISCAL IMPACT Funds for this contract will be available, upon approval of the 2007-08 budget, in the One Stop program account (account no. 123-201-6291), the SSA WEX Grant account (account no. 124-330-6939), the One Stop Adult 07- 08 account (account no. 123-203-6939), the One Stop Dislocated Worker 07- 08 account (account no. 123-204-6939), the Orange County Veteran's Grant account (124-328-6939), and the FEZ Service Navigator account (129-035- 6939). APPROVED AS TO FUNDS AND ACCOUNTS: ,/~ ~~ Ste hen G. H rding Deputy City anager for Development Services Community Development Agency Francisco Gutierrez Executive Director Finance & Management Services Agenc~ SGH/LM/mlr H:\ACTIONS\2007 CC\COntCOnsultingSe rvsWes Bosch n'-18-07.doc 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: JOB SEARCH SYSTEMS SUBSCRIPTION ~i = -~ 1 l~s CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on t~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Geographic Solutions in an amount not to exceed $39,000 to subscribe to an on-line job search system. DISCUSSION Since 2002, the Santa Ana WORK Center has utilized an on-line job search system called the Virtual One Stop developed by Geographic Solutions to assist the WORK Center in providing necessary and vital services to job seekers as required by the Workforce Investment Act (WIA). This system allows job seekers access to jobs and services offered by the Santa Ana Work Center. All on-line services are offered in both Spanish and English. Santa Ana Work Center staff is also able to make use of case management tools provided by Geographic Solutions through the on-line system. The virtual one-stop system, developed by Geographic Solutions, provides access to a comprehensive array of services for job seekers, training providers, benefit applicants, businesses and students. These services are integrated at a user-friendly site that provides information on available programs and services, training programs, labor market information, job listings and financial assistance. The site is also a valuable tool for employers who are finding it difficult to attract qualified employees. Santa Ana businesses will be able to list all of their job openings on the site and receive qualified resumes. Students at Santa Ana Community College and the Santa Ana Unified School District will also be able to access the system for career guidance at no cost. 25D-1 Job Search Systems Subscription June 18, 2007 Page 2 The virtual one-stop system is a subscription-based product, with price being determined by the City's population. Geographic Solutions hosts and maintains the site, and is also responsible for customizing the screens and the information to fit Santa Ana's needs. The information on the site is the property of the City of Santa Ana, with stringent security to protect the system. FISCAL IMPACT Funds for this subscription will be made available, upon approval of the 2007-08 budget, in the WORK Center WIA accounts (account nos. 123-201- 6291 and 123-205-6291.) APPROVED AS TO FUNDS AND ACCOUNTS: ~~ /I ~~`l.. Ste hen G. H rding Deputy City Manager for Development Services Community Development Agency SGH/LM/mfr Francisco Gutierrez Executive Director Finance & Management Services Agency H:\ACTIONS\2007 CC\JObSearchS ys Subscription 6-18-07.doc G 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: APPROVE AGREEMENT WITH STRAIGHT TALK, INC. FOR THE DEVELOPMENT OF PERMANENT HOUSING FOR PERSONS WITH HIV/AIDS ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Straight Talk, Inc. for the development of permanent housing for persons with HIV/AIDS in the amount of $535,000. DISCUSSION Since 1993, the City of Santa Ana has received funds through the U.S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS (HOPWA) Program. As the most populous city in Orange County, Santa Ana receives the funds for the entire county. The HOPWA Program is designed to provide resources and incentives for long-term comprehensive strategies to meet the housing needs of persons with HIV/AIDS. In allocating these grant funds for eligible activities, the City of Santa Ana is required to consider the service needs of eligible persons who reside throughout Orange County and to approve funding for projects which may be located anywhere in the county. Since the inception of the HOPWA Tenant-Based Assistance Program, the providers in the HIV/AIDS community have experienced difficulties in housing some members of the client population. These individuals are suffering not only from HIV/AIDS but also from additional substance abuse or mental health issues. Due to issues with their dual diagnosis, these individuals are unable to live independently and take advantage of the Tenant-Based Rental Assistance Program. 25E-1 Agreement with Straight Talk, Inc. June 18, 2007 Page 2 In 2004, the City of Santa Ana contracted with AIDS Housing of Washington, a technical assistance provider from HUD, to study the Orange County HIV/AIDS community and develop a Housing Plan. Working with the County of Orange Health Care Agency, service providers and clients, the plan was completed in 2005. A major goal of the plan was to promote housing stability, prevent homelessness, and increase access to care and support for people living with HIV/AIDS. One of the recommendations from the plan was to seek a non-profit with experience working with the HIV/AIDS dually diagnosed population to provide permanent and transitional housing that is integrated into the community, such as acquisition and rehabilitation of a single-family home. In March of this year, a Request For Proposals (RFP) was issued for the development of permanent housing for the underserved individuals with HIV/AIDS. The RFP notice was published in the Orange County Register, Miniondas, and Ngoi Viet newspapers and was sent via direct mail to over 100 for-profit and non-profit developers. The RFP was also sent to the executive directors of all HIV/AIDS service providers in Orange County. The City received one response from Straight Talk, Inc. to purchase a detached single family dwelling, which will provide permanent housing for a minimum of six individuals with HIV/AIDS. Straight Talk is a private, Orange County 501 c 3 public benefit, nonprofit corporation that has served disadvantaged individuals and population groups continually since its inception in 1971. The agency has over 25 years experience establishing a variety of long-term residential facilities within Orange County, including the pioneering effort to implement the State's first treatment program for HIV/AIDS substance abusers in 1990. Straight Talk is able to make available to residents supportive services such as licensed clinicians, referrals for medical care, and HIV/AIDS case management. Straight Talk anticipates the majority of residents will have their rent subsidized through the Shelter Plus Care Program or the Housing Choice Voucher Program. For those individuals without subsidy, rent will be based on a sliding scale, currently not to exceed $475 per month. Staff has reviewed and evaluated the response from Straight Talk and has toured its facilities. Based on their expertise and their capacity to develop and manage a permanent housing environment, staff is recommending Straight Talk, Inc. be allocated the $535,000 for the acquisition/rehabilitation of single family dwelling to serve the target population and remain affordable for a minimum of 15 years. 25E-2 Agreement with June 18, 2007 Page 3 FISCAL IMPACT Straight Talk, Inc. Funds are available in the HOPWA Program account (account no. 405-148- 6931). APPROVED AS TO FUNDS AND ACCOUNTS: ~. ~/~ Ste en G. Ha ding Deputy City nager for Development Services Community Development Agency SGH/LF/mlr Francisco Gutierrez Executive Director Finance & Management Services Agency H:\ACTIONS\2007 CC\AgTee-StYaightTal kHOPWA Dev 06-18-07.dOC 25E-3 25E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: AGREEMENTS FOR TEMPORARY TECHNICAL CONTRACT SERVICE PERSONNEL AND CONSULTING SERVICES ~~"'~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare, and authorize the City Manager and Clerk of the Council to execute agreements for temporary computer-related technical contract service personnel & consulting services in a total amount not to exceed $3,900,000 for a period of one year, with provision for four one-year renewals, with continuous uninterrupted service and with the following: Concorde Consulting, Inc. SoftMaster, Inc. Telefords The Comdyn Group, Inc. Dawna Whaley DISCUSSION In 1997, the City completed an information systems strategic plan that identified city-wide automation needs for the City. In addition, the City was faced with potential technology system impacts due to the Year 2000 (Y2 K) date change. As a result, the City required the need to enhance existing staffing levels by contracting for a higher level of technology expertise to supplement existing City staff. The use of contracted technical personnel was a major factor in the City's successful mitigation of serious operational impacts from Y2K. Since 1999, seventy- four different individual contractors with varying levels of expertise have been engaged. To date, the Information Services Division continues to supplement its full-time City staff with contracted positions. Currently, the City utilizes fifteen contracted positions to complement a full-time City staff of fifteen as well. The staffing structure provides stability and 25F-1 Agreement for Temporary Technical Contract Service Personnel and Consulting Services June 18, 2007 Page 2 historical knowledge with permanent staff while the temporary staffing provides flexibility to adjust staff expertise depending on need. Overall, these individuals are assigned to various teams within the Information Services Division. The teams include the Application Development and Support Team, the Telecommunications Services Team, the Mainframe Computer Operations Team, Microcomputer Support Team, Network Support Team, and Data Center Support Team. Each of these units supports many systems, applications, and hardware. Some of the systems supported include 600 mainframe-based application programs; 120 servers; 150+ network switches and routers; 2,380 voice, data and radio circuits; over 2100 microcomputer devices to name a few. In March 2007, the Information Services Division (ISD) issued a Request for Proposal (RFP) for "Temporary Technical Contract Service Personnel and Consulting Services." Formal legal notice was posted in the newspaper. The RFP was transmitted to 25 firms. A pre-proposal conference was held to address questions. A total of 12 proposals were received. Proposals were evaluated by members of the City's Information Services Division and the Police Department's Information Services Unit. Assessment was based on general qualifications, methods on securing candidates, training, retention, pricing and reference checks. Based on a total score of 200 points, the top firms were the following: Top Ranked Proposers Assessment Points Telfords 194.3 SoftMaster, Inc. 190.6 The Comdyn Group, Inc. 187.5 Concorde Consulting, Inc. 167.0 In addition, staff is recommending the contract renewal for the consultant assisting with the support of the payroll software, Dawna Whaley. She provides programming and training services to the City on an as-needed basis. Currently she is training new staff from Finance and Personnel Services on the payroll software. It is also anticipated that her services will be required in the development and implementation of an enhanced direct deposit process. 25F-2 Agreement for Temporary Technical Contract Service Personnel and Consulting Services June 18, 2007 Page 3 FISCAL IMPACT Funds are available in various Other Contractual Services accounts in the Technology Plan (accounts 109-200-6291, 109-300-6291, 109-400-6291, 109- 600-6291, & 109-700-6291), in the Communications Services Internal Service Fund (102-171-6291) and in the General Fund-Information Services (11-171-6291). APPROVED AS TO FUNDS AND ACCOUNTS: r.```\ Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-3 25F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 CLERK OF COUNCIL USE ONLY: TITLE: COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE AND APPROPRIATE FUNDS FOR CIVIC CENTER DRIVE PEDESTRIAN FLASHING BEACONS UPGRADING (PROJECT 06-1722) /~/ ~2 CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the County of Orange for the upgrade of pedestrian flashing beacons on Civic Center Drive at Parton Street and at Orange County parking structure. 2. Approve an appropriation adjustment accepting funds from the County of Orange in the amount of $50,000 into Measure M Street Construction fund revenue account (account no. 32-O1-5055)and appropriating funds to the Measure M Street Construction fund expenditure account (Project No. 06-1722, account no. 32-551-6631) for the upgrade of the pedestrian flashing beacon on Civic Center Drive. DISCUSSION On May 1, 2007 the Orange County Board of Supervisors approved an agreement with the City of Santa Ana for upgrading the pedestrian flashing beacons on Civic Center Drive. The upgrade will provide additional equipment for better control of the traffic and increase protection of the pedestrian crossing Civic Center Drive at Parton Street and at Orange County parking structure (Exhibit 1). The agreement provides $50,000 (50°s of the total cost) toward the cost of upgrading the flashing beacons. The funds received by the City will be used for construction of the traffic control beacons for pedestrian. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25G-1 Cooperative Agreement and Appropriate Adjustment for upgrading pedestrian beacons June 18, 2007 Page 2 of 2 FISCAL IMPACT Funds in the amount of $50,000 will be deposited into the Measure M Street Construction fund revenue account (account no. 32-O1-5055) and appropriated into the Measure M Street Construction fund expenditure account (Project No. 06-1722, account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director /Y'ublic Works Agency v Francisco Gutierrez ('~ Executive Director Finance & Mgmt. Services Agency 25G-2 EXHIBIT 7 SANTA ANA City Council COOPERATIVE AGREEMENT WITH THE COUNTY OF P~ VIIA ^ Agenda Date: ORANGE AND APPROPRIATE FUNDS FOR CIVIC CENTER `~/ DRIVE PEDESTRIAN FLASHING BEACONS UPGRADE rueucwoxKS nacxcr June 18, 2007 (PROJECT 06-1722) 25G-3 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JIINE ia, aoo~ TITLE: PIIRCRASE AGREffidENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: Juan Argota and Luis Romero for the purchase of the residential property located at 921 N. Bristol in the amount of $485,000; Jorge and Anabel Mejia for the purchase of the residential property located at 902 S. Bristol in the amount of $620,000. On May 7, 2007 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of entire properties, as listed above, are required (Exhibit 1). The purchase amounts are the appraised value prepared by an appraiser licensed in the State of California. EDtV IRO!-~1TLI. I1LPAiCT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 25H-1 Purchase Agreements June 18, 2007 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: ~~/~James G. Ross Francisco Gutierrez ~' ~~ ``Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25H-2 MATCHLINE LEGEND BOTTOM RIGHT SUBJECT PROPERTIES ~~ ~ ~~ ACQUIRED PROPERTIES RAYMAR ST. J AVENUE rM- CF~ADDEN AVENUE I ~~S MATCHLINE SEE ABOVE LEFT EXHIBIT 1 SANTA ANA arr couNCiL TITLE= PURCHASE AGREEMENTS FOR P`~W A j A`~NDA °''TE BRISTOL STREET CORRIDOR JUNE 18, zoos (PROJECT 06-1500) ~~ ~ ~ ~~~. PAGE t OF 2 IlT9 25H-3 I LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES WASHINGTON AVE L t -r- 12TH sT I ~,~L. I _ ~ ._ _ 1UTH ST i ~~ ~ CMC CENTER DR EXHIBIT 1 s""TA """ CITY COUNCIL TITLE: PURCHASE AGREEMENTS FOR P`~~ AGENDA DATE BRISTOL STREET CORRIDOR JUNE 18, zom (PROJECT 06-1500) PIIBLC IIOPFS IGEX[I pA^G ^ /~ n 1 l~ L V' G25H-4 NTB 7TH ST REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 18, 2007 TITLE: APPROVAL OF QUALIFIED ENVIRONMENTAL CONSULTANT LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL STUDIES AND APPROPRIATION ADJU/S//TME~NT 'V' Vu.t CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with the following firms to provide environmental services and related technical studies for the City of Santa Ana Planning Division at the fees set forth in their responses to Request for Qualifications. Consultants: Advantec Consulting Engineers Inc. Mestre Greve Associates Austin Faust and Associates LSA Bonterra Consulting Michael Brandman Associates CAA Planning P & D Consultants EIP and Associates RBF Consulting Jones and Stokes Consultants RK Engineering Group, Inc. Fehr & Peers/Kaku Associates, Inc. The Planning Center KOA Corporation (Katz, Okitsu & T & B Planning Associates) URS Kimley-Horn & Associates, Inc. Wieland Associates, Inc. 2. Approve an appropriation adjustment recognizing an aggregate total amount not to exceed $2,000,000 in the special deposit account for contracted environmental services (account no. 98-01-3612) in the fiscal year 2007-08 and authorize the expenditure of a like amount from this account in the fiscal year 2007-08 for payments to the consultants contracted to complete environmental services of various projects. 251-1 Environmental Consultant List June 18, 2007 Page 2 DISCUSSION The City has experienced an upward trend in development over the last several years. In order to facilitate this investment in the community, staff has identified ways to streamline the environmental process by pre- qualifying environmental consultants. While staff prepares many of the environmental services required for private development projects, larger and more complex projects often necessitate the hiring of environmental consultants to ensure all state-mandated requirements are satisfied. However, the hiring of these consultants adds additional and sometimes vital time to development processing, as it requires staff to request proposals from several consulting firms for projects, review them and prepare a contract and staff report for City Council approval. This process can add as many as four months to the development process and, thus, substantially delay projects. Staff is requesting that the City enter into agreements with pre- qualified consultants for environmental services. These consultants then will be contracted with individually for specific projects each time a developer initiates a new project in the City. Similar to many cities, the City of Santa Ana utilizes consulting firms to provide technical expertise relating to environmental services. Recently, the City has contracted environmental firms to prepare complex environmental impact reports for such projects as the Nexus Development at MacArthur Place, Village Green on North Bristol, the Renaissance Specific Plan, the City Place mixed-use development and most recently the City Place Sky Lofts Residential Tower. Developers are required to pay for the total cost of the environmental services for development projects. It is proposed that contracts for firms on the approved consultant list would not need to return to Council for approval. Proposals would be submitted and the developer would deposit the entire fee prior to commencing services. When considering that environmental reviews can take several months to complete, this process will not only help expedite development projects, but also provide better quality customer service. Staff sent out a request for qualifications to 45 consulting firms in May 2007. Staff received proposals from 19 firms that then were evaluated and compiled onto a list of qualified firms. The list includes consulting firms that provide all disciplines of environmental and technical studies required to process development projects. 251-2 Environmental June 18, 2007 Page 3 Consultant List Staff is recommending that the consultant list be approved due to the technical expertise that the firms possess in providing environmental services and technical studies. ENVIRONMENTAL IMPACT The approval of a consultant list for environmental consultation is statutorily exempt from CEQA. FISCAL IMPACT Developers are required to pay for the total cost of the environmental services required for development projects. Environmental services fees paid to the City for each project will fund the consultants. One-hundred percent of the fees paid for each project assigned to a consultant will be deposited in the special deposit account for contracted environmental services (account no. 98-01-3612) and a like amount will be expended from this account for payment to the consultants contracted to complete environmental services of the various projects. The total aggregate amount will not exceed $2,000,000. APPROVED AS TO FUNDS AND ACCOUNTS: L~-~ Jay M. Trevino ~F ancisco utierre Ex utive Director Executive Director Planning and Building Agency Finance & Management Services Agency PG:rb pq\environmental\conaultantliet\rfq\rECa.rf q.env 251-3 251-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: INSURANCE RENEWALS lt^~--- CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2007 to July 1, 2008 at a premium cost not to exceed $1,500,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2007 to July 1, 2008 at a $356,017 premium cost. 3. Approve joining the California State Association of Counties - Excess Insurance Authority's Environmental Insurance Program from July 1, 2007 to July 1, 2009 for an estimated premium not to exceed $40,000. DISCUSSION On September 23, 1988, the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority was formed with five cities. The current cities are as follows: Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West Covina. The purpose of BICEP is to provide insurance coverage for its members, shielding them from financial debt due to large liability claims, judgments, and settlements. The current excess liability and workers' compensation insurance policies will expire on July 1, 2007. For liability each member city has a $1,000,000 self-insured retention that is similar to a deductible. The total BICEP insurance premium for the July 1, 2007 to July 1, 2008 period will not exceed $1,500,000; an estimated $875,000 of which covers liability claims from $1,000,000 to $26,000,000 per occurrence. The balance of $625,000 purchases $300,000,000 of excess workers' compensation insurance coverage per occurrence with a $500,000 self-insured retention. The City Manager will review the quotations and make the final approval and coverage will be bound. 29A-1 Insurance Renewals June 18, 2007 Page 2 The Public Entity Property Insurance Program (PEPIP) was established on May 15, 1993 with seventeen public agencies that included the City of Santa Ana. The purpose of PEPIP is to provide public agencies with group purchasing strength in a challenging property insurance market. Since 1993, PEPIP has grown to include over 6, 000 members in 30 states, which has allowed the group to purchase adequate property insurance at affordable premiums. Renewal of the City's participation in PEPIP will ensure the City's ability to continue purchasing property insurance at competitive rates. The $356,017 premium will provide $1,000,000,000 of coverage for insured City properties. PEPIP will provide the City with $100,000,000 for boiler and machinery damage and $82,500,000 in flood damage except $50,000,000 in Flood Zone A. All PEPIP members share $600,000,000 of terrorism coverage on an annual aggregate basis with a maximum of $200,000,000 for any one member. However, due to the excessive premium cost of earthquake insurance, the City will not seek this coverage. Insurance deductibles will be as follows: Coverage Deductible Flood $100,000 except $250,000 for Flood Zone A locations Vehicles Fire Fighting $50,000 Vehicles All other $25,000 All other occurrences $10,000 Boiler & Machinery $2,500 to $350,000, depending on the pieces of equipment involved Environmental insurance covers pollution risks which are excluded in liability policies and provides coverage for property losses at scheduled City locations. The coverage includes the following: (1) City streets, roads, storm drains and sewer lines (2) pesticide and herbicide spraying (3) emergency response activities (4) transportation of City wastes by vendors (5) City storage tanks above and below the ground (6) clean up costs. The insurance is "Claims Made" instead of "Occurrence" coverage which means a loss needs to happen during the policy period and a claim(s) needs to be filed in the policy period for coverage to apply. The limit is $10,000,000 with a $500,000 deductible and is a joint purchase program through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA) There are 47 members in the program and there is a $50,000,000 program aggregate. The City would be entering for the last two years of the three year program. 29A-2 Insurance Renewals June 18, 2007 Page 3 FISCAL IMPACT Funds are budgeted in the proposed 2007-08 Liability & Property Insurance account (account no. 80-180-6521) and Workers' Compensation account (account no. 82-178-6521). APPROVED AS TO FUNDS AND ACCOUNTS: En~ J. 1 a Exec dve ector Personnel Services Francisco Gutierrez 't, Executive Director W Finance & Management Services Agency 29A-3 29A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: TENTATIVE PARCEL MAP NO. 2007-02 (COUNTY PARCEL MAP NO. 2006-233) TO CREATE TWO INDUSTRIAL CONDOMINIUMS AT 1043 AND 1045 EAST FOURTH STREET - 4SA PROPERTIES, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned. PLANNING COMMISSION ACTION On June 11, 2007, the Planning Commission approved Tentative Parcel Map No. 2007-02 (County Map No. 2006-233) as conditioned by a vote of 5:0 (Betancourt, De La Torre absent) to allow two industrial condominiums within two industrial buildings in the Heavy Industrial (M2) zoning district at 1043 and 1045 East Fourth Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino Executive Director Planning & Building Agency BA:rb ba\repotts2009\tpm09-02 Net OevelopmenL cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 11, 2007 TITLE: PUBLIC HEARING - FILED BY 4SA PROPERTIES FOR TENTATIVE PARCEL MAP NO. 2007-02 (COUNTY PARCEL MAP NO. 2006-233) TO CREATE TWO INDUSTRIAL CONDOMINIUMS AT 1043 AND 1045 EAST FOURTH STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Bill Apple _ ~ a ~.u ~~ X 1 L-. - // ,.-- Executive Director Planning Hager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned. DISCUSSION Request of A licant Bob Kubichek representing 4SA Properties, LP, is requesting tentative parcel map approval to allow condominiums within two industrial buildings at 1043 and 1045 East Fourth Street. Property Descrivtion The project site is 2.96 acres in size and is located at the northwest corner of Fourth and Terminal Streets. There are two existing industrial buildings on the site that total 54,717 square feet. The building fronting Fourth Street (Building "A") is 8,300 square feet in size with the rear building (Building "B") containing 46,417 square feet. The two buildings were previously used for food processing, manufacturing and warehouse uses. The site has a zoning designation of Heavy Industrial (M-2) and a General Plan land use designation of Industrial (IND). The Floor Area Ratio (FAR) for the property is 0.42, which is less than the 0.45 FAR allowed by the General Plan. The property is surrounded by industrial uses with the Burlington Northern and Santa Fe railroad line and Regional Transportation Center located northwest of the project site (Exhibits 1 and 2). EXHIBIT A 31 A-2 Tentative Parcel Map No. 2007-02 June 11, 2007 Page 2 The property is located in the Santa Ana Renaissance Specific Plan study area. This plan is anticipated to be heard by the City Council in the summer of 2007. The plan conceptually designates the property as an Urban Center use or Urban Neighborhood 2 use and identifies a portion of the site as a potential street. The specific plan would allow existing uses to continue in compliance with the non-conforming provisions of the Santa Ana Municipal Code. Project Description The map is being filed for condominium purposes, which will allow each building to become an industrial air space condominium unit. The two buildings are located on one 2.9 acre parcel which provides open space, landscaping and parking for the project site (Exhibit 3). There is no new construction proposed. A total of 110 parking spaces are provided for the project and will be shared between the condominium units. The units will share a common driveway with access to the site occurring from either Fourth or Terminal Streets. Covenants, Conditions and Restrictions (CC&Rs) will be recorded to insure that the property continues to function as an integrated site. The property owner has worked diligently with staff to upgrade the site in anticipation of filing a tentative map for condominium purposes. A 9,550 square foot metal building has been demolished and exterior tanks, canopies and equipment have been removed from the site. Roof ladders and roof drainage pipes have been moved to the interior of the buildings. New landscaping has been provided in the parking areas in conformance with City Codes and existing landscape planters have been rejuvenated with fresh landscaping. Trees have been planted where possible along the railroad corridor. Architectural improvements such as providing new building entrances have been made improving each structure's appearance from the site's interior and from Fourth Street. The buildings have been freshly painted and the parking lot has been slurry coated and restripped to City standards. Analysis of the Issues The proposed project requires a tentative parcel map to create condominium units within two existing industrial buildings. The map will allow each building to be sold as a separate air space condominium unit. Each buyer will own the interior air space within the building as their separate property and will have a common interest in the 31 A-3 Tentative Parcel Map No. 2007-02 June 11, 2007 Page 3 Association being formed for the project. Property outside the walls of each building will be controlled by the Association that will administer the Covenants, Conditions and Restrictions (CC&Rs) for the proposed project. The CC&Rs will address issues such as site drainage, reciprocal access, landscaping, maintenance, easements and utilities, and will be recorded prior to approval of the final map. The recording of the final map is necessary before each building can be sold as a separate condominium unit. Section 34-67 of the Santa Ana Municipal Code (SANG) requires that each and every parcel affected by a subdivision be brought into conformance with building codes and zoning standards prior to recordation of the final map or appropriate variances or waivers be applied for and approved. Variances are not required for this project because the property is considered legal non-conforming and there are no new non- conformancies being created as the result of the tentative map. The City is in the process of developing an ordinance that will regulate industrial and commercial condominium developments. The applicant has made considerable architectural and landscape upgrades to the site in anticipation of this new City ordinance. The project complies with the City's subdivision ordinance, building codes and zoning ordinance as a non-conforming property. There were no other impacts to adjacent properties or the environment identified. The subdivision is consistent with the City~s General Plan and complies with the provisions of the State Subdivision Map Act. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned. CEQA Com liance This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the subdivision of existing industrial buildings into common-interest ownership type projects. 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I I Rz qz R1 R1 R1 '~ nl Mz SD-16 R4 1I R4 R1 ~ qz ql R1 R7 R1 R1 ~ ~ qt M2 _- Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -8 PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM pISTRICT Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R6 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ _ TPM 07-2 ~ .Y. m. ` BOB KUBICHEK, 4SA PROPERTIES ~ "~ 1043 & 1045 EAST FOURTH STREET - - = 500 FEET 1"= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~`~Bv~' Z O ~ . C. PUBLIC FACILITY N 9 '' 2 a i m ~ 9 ? ° ~ m ¢ ¢-+ ~w O U U 1T a EXCAVATING j 2 p HARDWARE SUPPLY 9L m 2 [C j j CO. p~ U ~ Q `n h 6TH ST. 6TH ST. FL OR W ~ ¢ W ~ Z F COVE RING ¢ f/J W ~ a a o 2 a h flECYCLING (~ F 2 Z '~ DAIRY DIST. p CENTER ~, METAL N J H P w Z ~ ? LL m o R o ~' `w` z~ Z W >o ~o o Q H y w ~ FOURTH STREET w VACANTLOT Z W I ND US T R /AL STORAGE y o W S T O R A E (R D SUPP LY J 3 W R m TPM 07-2 n BOB KUBICHEK, 4SA PROPERTIES ~\ ---- 1043 & 1045 EAST FOURTH STREET ~'' P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 a a` ~: Q Z ~ J Ir -Vi ~ ki M CO N ° ~ ° li ds iir5 ~ ;' ~ f G ~ ~~ ~~~ ~e o N ~ y ~„-~ a ~ - sl O Z ~ ~ ~ '~ ~ .. ` ~.,... I 4 ° I 0 -~ ~I I c C ° ~. fi V 0 ~ j(~~ ! ~ ili ° Z i A ~ ; ~ ~ ~~ ~ ~ W ¢ °t ~ ~ x '~ ' ~ L Q ~ . 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E ¥ ??? ~ m ® ~ PggY ~ 3 E4$~ ~~ ~ y - ~ yq .~ 3 ~: ~~~SJ ~4 a ' a ~ I i ~ € w • • • m £ ® , I L_~ s a a ~. tl ~~ 3 1{'C~3of5 _. _ __._. _.. i ni so~~n v..nu ~~ 9.!\MQ~QY~i1M iYRY g b \. ~o ~ ~"Y?S'r u • ".~ CrL'.~ ..'$JLT..'SSq'y"l~y~yila iiOSR WA \'~c 9A..AC'd ~~ S9'~ I ~ j o it sat " ~:" ~ - li'R.1Y1Y ~,tlI Y`iTY u Z' I ~~/oe~l 0 _ _ _ _ __. JN/ 'NOSSO]J 8 NOSSO'IJ 1N341dO~9n3G~i9N VD 'P,,eeN~~7yC1N0//161 '11~3~3x'18 N1yy~UnOd fb0~11Y1 ~Q IG I Y xiS. IQN 1~~G1'S r'Il~nOd KO - 617/07 RESOLUTION NO. 2007-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1043 AND 1045 EAST FOURTH STREET (COUNTY PARCEL MAP NO. 2006-233) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) to allow condominiums within two industrial buildings at 1043 and 1045 East Fourth Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 11, 2007. C. The Planning Commission of the City of Santa Ana determines that the following findings have been established: The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Industrial land use designation and the other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The project is located within the Heavy Industrial (M-2) zoning district which is consistent with the General Plan designation of Industrial for the area. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The property is legal non-conforming and therefore conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. The subdivision would also be in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in Resolution No. 2007-26 Page 1 of 7 31A-12 California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing drainage, reciprocal access, landscaping and maintenance will be recorded prior to approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The map is being filed for condominium purposes, which will allow the air space within each of the two industrial buildings to be subdivided into condominium units and sold to individual buyers. The buildings on the project site are existing and were constructed in compliance with City development standards and the standards outlined in the California Building Code at the time of construction. There is no new construction proposed as part of this project; therefore, the site is suitable for subdivision for condominium purposes as proposed by the applicant. Any future development will comply with the appropriate City codes and provisions. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the buildings on this site exist and there is no further subdivision of the underlying parcel, the proposed air space subdivision for condominium purposes will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The subdivision of this property for condominium purposes will not have detrimental effects upon the general public. All improvements on the property currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision will not conflict with easements necessary for public access, since public access is provided from either Resolution No. 2007-26 Page 2 of 7 31A-13 Fourth or Terminal Streets. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. D. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2006-71 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 11, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of June, 2007 by the following vote: AYES: Commissioners: Alderete, Gartner, Leo Mill, Munoz (5) NOES ABSENT: ABSTENTIONS Commissioners: Commissioners: Commissioners: None (0) Betancourt, De La Torre (2) None (0) Christopher Leo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. Otto Assistant City Attorney 31A-14 Resolution No. 2007-26 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 11, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-26 Page 4 of 7 31A-15 Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division 1. Comply with Development Review Committee comments outlined in the letter dated October 3, 2006 for Site Plan Review DP No. 2006-62. 2. Provide an exhibit shading all landscape areas for the project and showing the location and species of trees on the project site. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 3. Each condominium unit shall have their own separate electric, gas and water meters. Electric meters shall be maintained within each building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. 4. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. The CC&Rs shall address how disputes between condominium units shall be resolved. The CC&Rs shall address all issues to the satisfaction of the City and shall be approved by the City prior to recordation of the final map. Exhibit A Resolution Na. 2007-26 Page 5 of 7 31A-16 5. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units other than the yard area shown on the tentative map. 6. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. 7. Two copies of the recorded final parcel map and City approved CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 8. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and shall comply with the requirements of the State Subdivision Map Act. 9. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 10. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. Resolution No. 2007-26 Page 6 of 7 31A-17 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-26 (Tentative Parcel Maa No. 2007-02) in this action by p acing a rue copy ereof enoTos~re in sea a enve opes a ressed as follows: Bob Kubichek, 4SA Properties 3130 Airway Avenue Costa Mesa, CA 92626 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. 1 am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-26 Page 7 of 7 31A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: ORDINANCE AMENDING THE MUNICIPAL CODE CHAPTER 5 ON ANIMALS C1TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 5 (Animals) of the Santa Ana Municipal Code. DISCUSSION On March 27, 2007 and April 24, 2007, the Santa Ana Police Department Animal Services Section staff presented their review of Chapter 5 (Animals) of the Municipal Code to the Public Safety Committee. The purpose of the review was to correct ambiguous language and bring the Municipal Code in line with the best practices and standards of current animal welfare regulations. The review identified several areas for modification, enhancement, or first-time implementation in order to protect the public safety and welfare of the residents of the City of Santa Ana. The recommendations include the declaration of a barking dog as a public nuisance and the enforcement of the administrative process as one method to handle noisy animal complaints from citizens. A new ordinance is also recommended to specify minimum requirements for the care and maintenance of dogs, such as shelter, water, and food. These provisions shall not apply to certain organizations such as government agencies, non-profit animal rescue organizations, etc. The State of California enacted a new law effective January 1, 2007 to prohibit any person from tethering, fastening, or otherwise restraining a dog to a fixed object except in limited circumstances. This new law has been incorporated into the ordinance under care and maintenance. A new curbing requirement is proposed to prohibit any person from allowing their dog to defecate in a public area or on private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner. This requirement is essential for the health and beautification of the community. 50A-1 Municipal Code Chapter 5 Amendment June 18, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. I Paul M. Walters Chief of Police Police Department 50A-2 Jf/Ir 06/12/07 ORDINANCE NS-xxxx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO BARKING DOGS, CARE AND MAINTENANCE OF ANIMALS, AND CURBING OF DOGS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. It is essential that pet owners provide proper care for their dogs, unfortunately, not all dogs receive humane treatment. Many are kept outside all the time without proper shelter from the elements, without food or water; some are tied or chained to a fence or stake, often all day for their entire life. This ordinance provides minimal requirements for dog owners. B. Since 2001, Animal Services has responded to 984 noisy animal complaints, of these complaints only three were submitted to the City Attorney's office for the filing of a criminal complaint. The current criminal process was found to be prohibitory and burdensome in many cases. In response to citizen complaints, this administrative process is adopted. C. The American Society for the Prevention of Cruelty to Animals has found that dog curbing laws are essential for both the health and beautification of the community. Canine diseases and parasites are often shed in feces, which puts other dogs and children at risk. D. The staff reports and oral testimony before the Public Safety Committee on March 27, 2007, and April 24, 2007, shall by this reference be incorporated herein and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. E. The Request for Council Action for this ordinance dated June 18, 2007, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. F. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. Ordinance No. NS-xxxx Page 1 of 8 50A-3 G. Based on this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the residents of the City of Santa Ana associated with animals. H. The police power regulations, such as those employed in this ordinance are legitimate, reasonable means of accountability to help protect the public safety and welfare of the residents of the City of Santa Ana. In accordance with the California Environmental Quality Act, a general rule exemption has been adopted for this ordinance. Section 2. Section 5-1 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Section 5-1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) Animal includes, but not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles and nonhuman mammals. (b) Bird includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, pigeons, sparrows, toucans and weavers. (c) Commercial kennels means any lot, building, structure, or premises where more than twe-(~~ three (3) dogs over the age of four (4) months are kept or maintained for any purpose, including but not limited to boarding, training, or breeding, exclusive of dental, medical, or surgical care, or for quarantine purposes. (d) Domesticated animal means any dog, housecat (fells catus), livestock, rabbit, poultry or bird. (e) Dog includes any male, female, or neuter domesticated member of the species Canis familiaris, but excludes other members of the family canidae. (f) Estray means any animal found running at large upon any land within the city. (g) Fowl means any larger domestic bird generally used for food and includes, but is not limited to, the chicken, duck, goose and turkey. (h) Livestock means animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal. Ordinance No. NS-xxxx Page 2 of 8 50A-4 Jf/lr 06/12/07 (i) Owner means any person having title to any animal. Or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises for thirty (30) consecutive days. Q) Premises means a parcel of land. (k) Quarantine means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons. (I) Running at large means free of restraint beyond the boundaries of the premises of the owner or custodian. (m) Vaccination means a protective inoculation against rabies with an anti- rabies vaccine recognized and approved by the Orange County Health Department. (n) Vicious animal means any animal which has bitten or broken the skin of, or in any manner attacked or attempted to attack any person or any animal within the City of Santa Ana. (o) Wild animal means any animal which is either: (1) Not a domesticated animal, or (2) A vicious animal over which the owner has evidenced a failure to maintain control. (p) Exotic animal means nonhuman primates and prosimians (such as chimpanzees, monkeys); felids, except domesticated cats; ursids (bears); elephants; crocodilians (such as alligators and crocodiles); ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and camels. These terms shall apply whether the animal is bred in the wild or captivity. It is not the intent of this definition to include domesticated species such as horses, cows, sheep, or llamas among the animals listed above. (q) Barking dog means a dog that barks, bays, cries, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this Chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when a dog is teased or provoked. (r) Responsible Person as defined in Section 1-21.1(a)(1)-(5) of this Code. (s) Enforcement Officer as defined in Section 1-21.1 (b) of this Code. Ordinance No. NS-xxxx Page 3 of 8 50A-5 Section 3. Section 5-50 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Section 5-50. Limitation of number of dogs. (a) No person or persons shall keep, harbor or maintain upon Fiis any one premise within the city more than three (3) dogs unless the person or persons shall comply with the commercial kennel requirements of this chapter. (b) There shall be no exceptions to this section. Section 4. Sections 5-74 and 5-75 are added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-74. Public Nuisance-Barking Dog The City Council of the City of Santa Ana hereby decrees that maintaining, keeping, and/or permitting a barking dog on any premises in the City of Santa Ana constitutes a public nuisance. Every day the barking dog violation exists shall be regarded as a new and separate offense. Section 5-75. Enforcement-Barking Dog (a) Any enforcement officer has the authority to issue an administrative citation pursuant to the procedures set forth in sections 1-21.1-21.9 of this Code to any responsible person for a barking dog violation that the Enforcement Officer did not see or hear based upon a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. All barking dog complaints shall be lodged with the Santa Ana Police Department. (b) Prior to issuing the administrative citation to the responsible person, the enforcement officer shall send a warning notice via first class mail or shall personally serve upon the responsible person a warning notice giving the responsible person ten (10) days from the date of mailing or date of personal service in which to abate the public nuisance caused by the barking dog. (c) The administrative citation shall contain the information set forth in section 1-21.5 of this Code. (d) The responsible person shall have the right to appeal the administrative citation as set forth in Section 1-21.8 of this Code. (e) The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law Ordinance No. NS-xxxx Page 4 of 8 50A-6 Jf/Ir 06/12/07 which may be pursued to address violations of the municipal code. Section 5. Section 5-76 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-76. Care and maintenance of dogs. (a) Shelter Requirements. It shall be unlawful for any person to keep, house, or maintain any dog outdoors on any premises within the City of Santa Ana unless the dog has access at all times to an enclosed building or a shelter which meets all of the following requirements: (1) It is weatherproof meaning that it keeps the dog dry when it rains and provides sufficient protection from the sun so that the dog will not overheat; (2) It has a floor that is level and dry; (3) It is composed of material that will not result in injury to the dog; (4) It is maintained in a condition that will not result in injury to the dog; (5) It contains bedding material which is kept clean and dry; (6) It allows the dog easy access in and out; (7) It is cleaned and maintained in a manner designed to insure sanitary conditions, including but not limited to, removal of excrement, removal of urine, and treatment of area for flies, fleas, ticks, and parasites as necessary. (b) Water Requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the City of Santa Ana unless the dog has access at all times to clean and fresh drinking water. (1) If the water is in a container, this container shall be designed, secured, placed and maintained in a manner that prevents tipping and spilling of the water. (2) Water containers shall be kept clean and sanitary, out of the sun, and shall be emptied and refilled regularly with fresh water. (c) Feeding Requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the City of Santa Ana without providing food daily to maintain proper body weight and good general health. The food shall be: (1) Free from contamination. (2) Wholesome, palatable, and of sufficient quality, quantity, and nutritive value to meet the normal daily requirements for the age, size, and breed of the dog. Ordinance No. NS-xxxx Page 5 of 8 50A-7 (3) Easily accessible to the dog; (4) Maintained in a sanitary condition; (d) Tethering Requirements. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to a house, tree, garage, stake, fence, or other object except in circumstances where all of the following requirements are met: (1) The tethering, fastening, chaining, tying, and restraining is not accomplished by means of using a choke type of collar; (2) The tethering, fastening, chaining, tying or restraining does not last longer than is reasonably necessary for the person to complete a temporary task; (3) The length of the tether or implement used to restrain the dog is not less than three (3) times the length of the dog's body measured from the tip of the dog's nose to the end of the dog's tail; (4) The tether or implement used to restrain the dog is free from entanglement; (5) The dog has access to water, food, and shelter as described in this section; (6) The dog is monitored periodically. (e) Exceptions. These provisions of this section shall not apply to the following: (1) Government agencies; (2) Non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); (3) Humane societies or societies for the prevention of cruelty to animals if incorporated under the provisions of the California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; or (4) Permitted dog or cat shows. Section 6. Section 5-77 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-77. Dogs to be curbed. It shall be unlawful for any person, whether willful or as a result of failure to exercise due care, having custody or control of any dog to permit that dog to defecate in a public area, any area open to the public, or any private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner. Ordinance No. NS-xxxx Page 6 of 8 50A-8 Jf/Ir 06/12/07 Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura A. Rossini Deputy City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-xxxx Page 7 of 8 50A-9 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2007 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana Ordinance No. NS-xxxx Page 8 of 8 50A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 18, 2007 TITLE: AMENDMENT TO RESOLUTION NUMBER 2001- 065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY ~v 1~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the City Manager to continue to provide additional partially-paid temporary military leave of absence and dependent benefits for City employees called to active duty with the armed forces. DISCUSSION On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001-065, providing for additional partially-paid temporary military leave of absence for full-time officers or employees of the City called to active military service with the Armed Forces of the United States in connection with the then-current military crisis, and for continuation of dependent benefits. That Resolution also provided that its terms would expire at the end of the fiscal year unless extended by further action of the City Council. The City Council has subsequently adopted resolutions extending the termination date of Resolution No. 2001-065 each succeeding year. By adopting the subject resolution, the City Council will extend the termination date to June 30, 2008, and continue to help City employees and their families with financial hardships resulting from being called to active duty in connection with the continuing current military crisis. 55A-1 Amendment to Resolution Number 2001-065 June 18, 2007 Page 2 of 2 FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object Code 6171). APPROVED AS TO FUNDS AND ACCOUNTS: ~~D ~~.~ Enri va Francisco Gutierrez Exe i e irector ~ Executive Director Personne Services Agency Finance and Management Services Agency/,.~ J 55A-2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001-065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY- PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001-065 providing for an additional partially-paid temporary military leave of absence for each full-time officer or employee of the City who has been or will be called to active military service with the Armed Forces of the United States in connection with the current continuing military crisis. This Resolution has been extended each succeeding year since its initial adoption in 2001. B. The pay and benefits authorized by Resolution No. 2001-065, as amended, will terminate on June 30, 2007, unless extended by further action of the City Council or otherwise required by law. C. The City Council wishes to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with the current continuing military crisis. Section 2: That Section 5 of Resolution No. 2001-065, as amended, is further amended to read as follows: "Section 5. This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, June 30, 2008, unless extended by further action of the City Council or otherwise required by law." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 2001-065, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after July 1, 2007. 55A-3 ADOPTED this _ day of June, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: Councilmembers Councilmembers Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: RESOLUTION AND AMENDMENT TO AGREEMENT PERMITTING ADJUSTMENTS TO REFUSE RATES J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution modifying the City's refuse program surcharge on business and apartment service. 2. Direct the City Attorney to prepare and authorize the Clerk of the Council and the City Manager to execute an amendment to the agreement with waste Management Inc. adding new programs and permitting adjustments to Waste Management's curbside rate to support changes in the curbside program. DISCUSSION Business and Apartment Refuse Surchar e Pursuant to the agreement with Waste Management, the City currently receives 12.8 percent surcharge on the business and apartment refuse charges imposed by Waste Management to pay for the costs of administering the refuse collection and recycling program and supporting the federal clean water protection activities. Any change in this surcharge must be established by Council resolution. At this time, it is recommended that the surcharge be increased to 15.8 percent to offset increased overhead costs associated with the refuse program. The coat of a commercial 3-yard bin, with once per week pickup, will increase $5.58 per month for a total cost of $102.22 per month. Fees in other cities currently range from $43.71 to $143.39 per month. Residential Curbside Program Residential curbside rates are also proposed for adjustment, due to the implementation of two new programs by Waste Management. During the last three years the City has provided a household hazardous waste (HHW) collection program to single-family residents funded by a State grant that expired at the end of April. To provide for continued safe disposal 55B-1 Resolution and Amendment To Refuse Agreement June 18, 2007 Page 2 of household hazardous waste (paint, pesticides, cleaning solvents, etc.) staff is proposing that Waste Management coordinate with Public Works to provide an HHW collection event next year whereby residents will be able to bring their waste to a single location and properly dispose of it. In July 2006 Senate Bill 1305 was signed into law prohibiting the disposal of needles in commercial or residential trash beginning in 2008. Approximately three percent of the national population uses self-injected medications. To address this growing problem staff is recommending that Waste Management coordinate with Public Works to implement a convenient mail-back service that will provide residents with approved containers for used needles that they can mail in for incineration when the containers are full. To pay for these new programs, an increase in the curbside refuse rate will be required. The current rate is set by a formula which is part of the City's agreement with Waste Management. These new services will require an amendment to that agreement to increase Waste Management's curbside rate by $.24 per month for a total monthly bill of $15.90. Fees in other cities range from $6.54 to $19.95 per month. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The increased surcharge on business and apartment services will generate approximately $437,500 and will be deposited in the program surcharge account (account no. 69-01-5112). The increase in the curbside rate will generate approximately $120,000 and will be deposited into refuse collection charges account (account no. 69-01-5598). APPROVED AS TO FUNDS AND ACCOUNTS: / ~ James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 55B-2 Lss060707 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING THE AMOUNT OF THE SOLID WASTE PROGRAM SURCHARGE ESTABLISHED PURSUANT TO SECTION 10 OF THE THIRD AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION AND HANDLING OF SOLID WASTE GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has entered into an agreement with USA Waste of California Inc., dba Waste Management of Orange County ("Contractor"), whereby Contractor is the exclusive provider of the collection and handling of solid waste within the limits of the City of Santa Ana. B. Pursuant to the exclusive contract, the City currently receives a 12.8 percent surcharge from Contractor based upon its Gross Receipts. The funds received pursuant to the surcharge are used in part to pay for the costs of administering the refuse collection and recycling program and supporting the federal clean water protection activities. C. The City's costs associated with administering the refuse collection and recycling program and Federal Clean Water Act requirements have increased above the amounts currently collected pursuant to this program surcharge. It is recommended that the surcharge on business and apartment services be increased by three percent (3%) to offset these increased costs. D. The increase in the refuse program surcharge established by this resolution is estimated to collect $435,000 to pay the cost of administering the refuse collection program. E. The City Council incorporates herein, as though fully set forth, the Request For Council Action accompanying this resolution, and all background information and studies presented to the City Council. Section 2. The City Council hereby increases the refuse program surcharge on business and apartment services. A. The refuse service surcharge established pursuant to section 10 of the "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste 55B-3 Generated, Produced and/or Accumulated in the City of Santa Ana" is hereby increased from 12.8 percent to 15.8 percent. B. The Contractor shall commence collecting this refuse program surcharge effective July 1, 2007. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55B-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana ADOPTED this day of June, 2007. 55B-5 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 4, 2007 TITLE: PUBLIC HEARING - FISCAL YEAR 2007-08 CITY BUDGET ~' ~~~~i1~-1~tw.,' ~~A .v ~G ~a MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~ ~ ~ S -Q FILE NUMBER 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2007. 2. Adopt a resolution amending resolution numbers 82-110, 91-066 and 96-095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2007-08 fiscal year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. In light of this purpose, this budget emphasizes public safety, youth development and recreation, quality development standards, effective community-driven code enforcement, and a positive partnership with the business and educational communities as its external priorities; while quality customer service and sound internal systems serve as internal priorities. Given these objectives, the total annual proposed budget for fiscal year 2007-08 is $510,508,839. Included in the $510,508,839 is a capital projects budget of $46,610,700 primarily funded through grants; refuse, sewer, water and sanitation budgets totaling $82,199,440; a housing assistance budget of $30,686,560; redevelopment agency budget of $63,367,355; CDBG and other grants totaling $13,680,724; interfund transfers across all funds in the amount of $15,975,835; special revenue funds amounting to $30,610,305 and a general fund budget of $227,377,920. 75A-1 Public Hearing Fiscal Year 2007-08 City Budget June 4, 2007 In preparing the budget for the general fund, staff focused on resolving the dilemma of meeting the demands for services that exceed revenues. The general fund projected budget deficit is $13.4 million. The budget responds to that challenge through a balanced approach of stabilizing expenditures and using unexpended fund balance. For fiscal year 2007-08 the City will add a total of twenty-eight positions to the budget. Nineteen of these are public safety positions which include three firefighters, eleven police officers, one police sergeant, one police investigative specialist, one Police Athletic Activities League assistant director and two information services related positions. The City is also upgrading five part-time civil service 30 hour/week positions to full-time status, adding twelve full-time positions consisting of eight administrative, two building maintenance, two sanitation and traffic operations related positions and eliminating eight full-time vacant positions throughout the City. The proposed resolution amends prior resolutions by adding classification titles and 6-step salary rate ranges; market parity adjustments to twenty positions; addition of a part-time classifications with salary ranges; and the designation of four new classification titles which include Administrative Chief/Fire Marshal, Community Preservation Coordinator, Deputy Building Official/New Construction and Redevelopment Program Manager with a 15-step salary range. FISCAL IMPACT with approval of the proposed budget, $510,508,839 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of that amount $230,842,275 will be appropriated to the various general fund operating departments, including redevelopment agency pass-throughs of $3,464,355. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A-2 Iss5/24/07 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2007, together with his budget letter dated May 21, 2007. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2007, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2007-2008," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City, for fiscal year 2007-2008, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 07-08." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is 75A-3 designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2007. SECTION 8: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 9: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. z 75A-4 ADOPTED this day of June, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 3 75A-5 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066 AND 96-095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87-94, amending Resolution No. 82-110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91-066, re-establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM); and on November 18, 1996, the City Council passed and adopted Resolution No. 96-095, establishing the Basic Classification and Compensation Plan for unrepresented classes of employment designated as Administrative Management (AM). D. With the adoption of the Annual Budget for Fiscal Year 2007-2008, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. E. It is now desired to amend Council Resolution Nos. 82-110, 91-066 and 96-095 to effect these changes. Section 2: That Section 3 Assignment of Classes of Emoloyment To Salarv Rate Ranaes of Resolution No. 82-110, as amended, be further amended by: 75A-6 A. Adding, in alphabetical sequence, the following classification titles at the monthly five-step salary rate ranges indicated: Classification Title Crime Research Aide Police Athletic/Activities League Assistant Director Security Electronics Technician 5-Stec Salarv Rate Range (A-E) Effective 7/01/07 Monthly Salary SRR Minimum-Maximum 626 $4426 - $5382 594 $3784 - $4601 648 $4930 - $5992 B. Adding, in alphabetical sequence, the following classification titles at the monthly six-step salary rate ranges indicated: 6-Steo Salarv Rate Ranoe (AA-E) Effective 7/01/07 Monthly Salary Classification Title SRR Minimum-Maximum Assistant Instrument Technician 591 $3728 - $4764 Assistant Traffic Operations Engineer 678 $5706 - $7283 Building Maintenance Aide 543 $2950 - $3765 Custodial Aide/Porter 488 $2257 - $2881 Senior Paralegal (Exempt) (UC) 637 $4671 - $5963 Senior Payroll Technician (UC) 606 $4014 - $5126 C. Designating the newly created classification titles of Senior Paralegal (Exempt) and Senior Payroll Technician as Unaffiliated Confidential by assigning the parenthetical identifier "(UC)" after these classification titles. D. Adding, in alphabetical sequence, the following classification title at the monthly fifteen-step salary rate range indicated: 15-Step Salarv Rate Ranoe (SRR) Effective 7/01/07 Monthly Salary Classification Title SRR Minimum-Maximum Administrative Chief/Fire Marshal (RM) FMFM23 $8148 - $11,513 E. Designating the newly created classification title of Administrative Chief/Fire Marshal as Represented Management by assigning the parenthetical identifier "(RM)" after this classification title. F. Providing a market parity salary adjustment to the following classification titles assigned to a six-step salary rate range: 6-Ste p Salarv Rate Rano e (AA-E) Effective 7/01/07 From Monthly Salary To Monthly Salary Classification Title SRR Min-Max SRR Min-Max GIS Administrator 670 $5488 - $7005 685 $5905 - $7535 Liability Claims Coordinator (UC) 667 $5408 - $6903 677 $5678 - $7247 75A-7 Loss Control Analyst (UC) Personnel Analyst (UC) Senior Personnel Analyst (UC) Senior Workers' Compensation Claims Examiner (UC) Training Coordinator (UC) Workers' Compensation Claims Examiner (UC) 627 $4448 - $5678 627 $4448 - $5678 671 $5515 - $7039 646 $4882 - $6230 671 $5515 - $7039 616 $4215 - $5382 637 $4671 - $5963 637 $4671-$5963 681 $5790 - $7391 656 $5126 - $6542 681 $5790 - $7391 626 $4426 - $5650 Section 3: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Cateaories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adding, in alphabetical sequence, the following unaffiliated part-time classification titles assigned to the five hourly wage rates set forth below: Hourly Waae Rates Effective 7/01/07 Classification Title Stea A Step B Step C Step D Step E Animal Control Officer $22.48 $23.61 $24.79 $26.03 $27.33 Animal Services Outreach Coordinator $22.48 $23.61 $24.79 $26.03 $27.33 Section 4: That Section 3.5.2 Classification Titles and Wage Rates for Long- Term Represented Cateaories of Non-Croil Service Part Time Employment of Resolution No. 82-110, as amended, be further amended by: A. Deleting the following vacant and now obsolete classification titles: Animal Services Assistant Associate Volunteer Coordinator Evidence & Property Clerk Learning Center Clerk I Public Works Survey Aide Security Guard Street Lighting Engineer Yes Program Coordinator B. Adding, in alphabetical sequence, the following part-time classification titles assigned to the five hourly wage rates set forth below: Hourl v Wage Rates Effective 7/01/07 Classification Title Step A Step B Step C St D S ep tep E Accountant $29.28 $30.75 $32.28 $33.90 $35.60 Purchasing Agent $27.22 $28.58 $30.01 $31.51 $33 08 Senior Administrative Aide $24.05 $25.24 $26.51 $27.84 . $29.23 Section 5: That Section 3B of Resolution No. 91-066, as amended be further amended by: , 75A-8 A. Amending the title of Section 3B to read, "3B Middle Management Classifications." B. Adding, in alphabetical sequence, the following existing classification title transferred from Resolution No. 96-095, at the monthly fifteen-step salary rate range indicated: 15-Stec Salarv Rate Range (SRR) Effective 7/01/07 Monthly Salary Classification Title SRR Minimum-Maximum Correctional Manager (MM) MM-19 $6634 - $9373 C. Adding, in alphabetical sequence, the following classification titles at the monthly fifteen-step salary rate range indicated: 15-Step Salary Rate Range (SRR) Effective 7/01/07 Monthly Salary Classification Title SRR Minimum-Maximum Deputy Building Official/New Construction (MM) MM-22 $7144 - $10,093 Redevelopment Program Manager (MM) MM-26 $7886 - $11,140 D. Designating the classification titles of Correctional Manager, Deputy Building Official/New Construction and Redevelopment Program Manager as Middle Management by assigning the parenthetical identifier "(MM)" after these classification titles. E. Providing a market parity salary adjustment to the following classification titles assigned to a fifteen-step salary rate range: Classification Title Building Maintenance Superintendent (MM) Chief Assistant City Attorney (MM) Community Affairs Manager (MM) Recreation Superintendent (MM) 15-Step Salarv Rate Rang e (SRR) Effective 7/01/07 From Monthly Salary To Monthly Salary SRR Min-Max SRR Min-Max MM-14 $5865 - $8285 MM-17 $6313 - $8921 MM-30 $8705 - $12,298 MM-32 $9145 - $12,920 MM-18 $6472 - $9145 MM-20 $6798 - $9607 MM-17 $6313 - $8921 MM-20 $6798 - $9607 Section 6: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salarv Rate Ranges of Resolution No. 96-095, as amended, be further amended by: A. Removing the parenthetical identifier "(AM)" from the classification title of Correctional Manager, and deleting this title from this Resolution in order to transfer it to Resolution No. 91-066. 75A-9 B. Adding, in alphabetical sequence, the following classification title at the monthly five-step salary rate range indicated: 5-Step Salarv Rate Range (A-E) Effective 7/01/07 Monthly Salary Classification Title SRR Minimum-Maximum Community Preservation Coordinator (AM) AM697 $6260 - $7609 C. Designating the newly created classification title of Community Preservation Coordinator as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. Section 7: That except as amended by this Resolution, all other provisions of Resolution Nos. 82-110, 91-066 and 96-095 shall remain in full force and effect. Section 8: That except as stated otherwise above, this Resolution shall be operative from and after July 1, 2007. ADOPTED this 4th day of June 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-11 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 4, 2007 TITLE: FISCAL YEAR 2007-08 MISCELLANEOUS FEE RESOLUTION , CI MANAGER ~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the 2007-08 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees generate revenue for the General, Internal and Enterprise Funds. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect the costs of providing these services. The FY 2007-08 Miscellaneous Fee Resolution represents these adjustments. The FY 2007-2008 Miscellaneous Fee Schedule includes the establishment of six new fees. These fees include the rental of the Eddie West stadium grandstands and field level seating for commercial events, downtown skyline banner application and installation, sign removal from public right of way and temporary construction meter deposit. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $1.6 million in general, internal, and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: y ~ n Cl~l~ t. L1t" i ~ ~ O .. . Francisco Gutierre z Executive Director Finance & Management Services Agency 75A-12 I isssizaio~ RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2007-2008 AND REPEALING IN PART RESOLUTION NO. 2006-032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City, For the public's convenience, various rates charged for City commodities, such as the water rate, are also included in this document. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2007-2008 and is attached to this resolution and made a part hereof by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2007-2008, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City charges, fees or service charges. D. In a few, limited circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 4.7%, so that certain proposed fees for Fiscal Year 2006-2007 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index-Urban, All Services Component, for the Los Angeles-Riverside-Orange County area in a twelve month period ending December 31, 2006 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 4.7% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 4.7% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. 75A-13 F. Similarly, in a few limited circumstances, new charges have been added or existing charges raised beyond this 4.7% cost of providing services. In each of these cases, the Council further finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. G. In order to have a single comprehensive document for Fiscal Year 2007- 2008, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above-specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2007-2008 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2006-032 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2006-032 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: That except as may be stated otherwise above, this Resolution shall be operative from and after July 1, 2007. ADOPTED this _ day of June, 2007. Miguel A. Pulido Mayor 75A-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75A-15 75A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2007-02, ZONING ORDINANCE AMENDMENT NO. 2007-03 AND ORDINANCE AMENDMENT NO. 2007-01 TO AMEND THE GENERAL PLAN OF THE CITY AND TO CREATE STANDARDS FOR NON- RESIDENTIAL CONDOMINIUM DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF THE SANTA ANA MUNICIPA ODE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution approving General Plan Amendment No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-03. 3. Adopt an ordinance approving Ordinance Amendment No. 2007-01. PLANNING COMMISSION ACTION On June 11, 2007, the Planning Commission recommended that the City Council adopt a resolution approving General Plan Amendment No. 2007-02, adopt an ordinance approving Zoning Ordinance Amendment No. 2007-03, and adopt an ordinance approving Ordinance Amendment No. 2007-01 by a vote of 5:0 (Betancourt, De La Torre absent) to adopt standards for non- residential condominiums within Chapter 34 and Chapter 41 of the Santa Ana Municipal Code and to amend various elements of the General Plan. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. u~ Jay Trevino E tive Director Planning & Building Agency CR:rb ci\repotto\gpa0v-02zoa09-03oa00-Ol.cc 75B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 11, 2007 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2007-02, ZONING ORDINANCE AMENDMENT NO. 2007-03 AND ORDINANCE AMENDMENT NO. 2007-01 TO AMEND THE GENERAL PLAN OF THE CITY AND TO CREATE STANDARDS FOR NON-RESIDENTIAL CONDOMINIUM DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF THE SANTA ANA MUNICIPAL CODE Prepared by Carlos Rodriguez l Executive Director v RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~.~iL( ¢--~'~ Planning Mana r 1. Adopt a resolution approving General Plan Amendment No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007- 03. 3. Adopt an ordinance approving Ordinance Amendment No. 2007-01. DISCUSSION Background A recent real estate trend includes the subdivision of commercial and industrial centers into air space condominium units. Each condominium unit is owned by an individual owner instead of having one person or entity owning the entire property. Currently, the Santa Ana Municipal Code contains guidelines for residential condominiums but does not contain standards for commercial or industrial condominiums. The City is interested in implementing standards that adequately address items that result in quality projects and development. Additionally, these standards would reduce the potential for future site issues due to the complexity of numerous individuals owning units within a commercial or industrial project. EXHIBIT A 75B-2 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 2 Analysis o£ the Issues Air space condominiums allow individual ownership of units created by a subdivision map. This type of development has given businesses opportunities to own their own unit instead of leasing a space and paying rent. A condominium unit is enticing to many businesses as it allows them to avoid continually paying rent while at the same time using the property as an investment. Currently, the subdivision of commercial and industrial sites into air-space condominiums is allowed by Chapter 34 of the Santa Ana Municipal Code (SANG); however, there are no standards in place for non-residential condominium development. Chapter 34 of the SAMC contains standards for residential condominium projects. Without any standards, the City is unable to adequately address issues that may arise from the subdivision of commercial and industrial sites into condominiums. Potential issues include the lack of landscape, building and site maintenance, and insufficient easements and reciprocal rights for access and parking. Without sufficient standards, once viable and attractive centers can fall into a deteriorated condition due to neglected maintenance and landscaping. A significant number of commercial and industrial projects were built many years ago and will not, therefore, comply with today's development standards. These properties do not meet the requirements of Chapter 41 of the SAMC and thus fall into a non-conforming status. The intent of the non-conforming section of the zoning code is to create a system that over time recycles and transforms non-conforming properties into new developments. Older and substandard commercial and industrial centers are typically the primary candidates for condominium conversions. Many of these older developments do not meet the current development standards for parking, landscaping or building setbacks. Once the property is divided into air-space condos, the opportunity to enhance the site and to meet the current development standards is lost. With numerous owners, the ability to consolidate the site is decreased as a developer would need to purchase each unit from an individual owner. This usually results in the site staying as is with no upgrades or enhancements unless there are City standards that require such improvements. 75B-3 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 3 With appropriate standards condominium subdivision projects can give new life to older centers by infusing new investment into what are often marginally tenanted buildings. Without new standards required as a result of subdivision, the economic life of a substandard center will be extended and the project site will remain in an unimproved condition. As the economic life of the development is being extended, the City wants to ensure that the subdivision will maintain the economic vitality of the project site for many years to come. The intent of the municipal code is to create a high quality project that will increase the property value and the economic viability of site and adjoining properties. By upgrading a once neglected site to meet the current zoning standards, the developer will be able to maintain the project site at a higher property value and will allow for the successful resale of the property as it passes through different owners. By having several owners, maintenance issues also need to be addressed for the long term vitality and success of such centers. Landscaping, general building upkeep, and trash clean up need to be addressed to keep the exterior of the center in an appropriate condition. Generally, these items are taken care of by an Owners Association and by property managers who are in charge of the common tenant areas. Requirements for the maintenance of the site are typically found within the Covenants, Conditions and Restrictions (CC&RS) of the site. The CC&RS should be reviewed by the City to ensure that all items are adequately addressed and that the center will be properly maintained. Also, the CC&Rs ensure that each owner maintains access to common areas and is responsible for their share of the maintenance. Currently, the City has no requirements for such CC&Rs. Several life safety items also need to be addressed. The Police Department needs to ensure that the project site meets the City's requirements for building security as well as ensuring that site lighting is in full compliance with current standards. Additionally, the Fire Department needs to ensure that the site will maintain fire lanes and access to all areas of the site. Fire sprinkler systems will be maintained both within common areas as well as individual units. Lastly, as many of these centers can be older sites, the Building Department needs to ensure that the existing building is safe and accessible. 75B-4 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-O1 June 11, 2007 Page 4 General Plan Amendment The general plan amendment will amend the Land Use Element of the General Plan. The Land Use Element will contain a Policy Goal that will allow the City to support condominium subdivisions projects based on the site complying with the current development standards. Additionally, Policy 2.8 of the Land Use Element will be modified to encourage rehabilitation of both commercial and industrial properties. Zoning Ordinance Amendment In order to create development standards, staff will amend Chapter 41 of the SAMC. These standards will allow the City to require condominium projects to upgrade the project site in order to comply with the current City standards. This will help to address any life and safety issues, long term maintenance of the site, and to ensure that the project site maintains its economic vitality. Ordinance Amendment This will create the process for the approval of a non-residential condominium subdivision. As there are no current processes for this type of development, the City will create the requirement of a non- residential condominium development permit within Chapter 34 of the SAMC. This permit will be required prior to the approval of any subdivision maps for condominium purposes. Additionally, all non- residential condominium maps will require the review and approval of the Planning Commission and City Council. Policy 2.8 of the General Plan land use element indicates that the City should promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The City should create standards that focus on what on-site improvements need to be completed with the subdivision in order to create a completely upgraded project site. Additionally, Policy 5.11 of the Land Use Element encourages developments that provide a clean and safe environment for the City's residents, workers and visitors. By creating standards that aid in the maintenance of the site, the City will create developments that minimize the potential for safety hazards. Therefore, staff recommends that the Planning Commission recommend that the City Council approve General Plan Amendment No. 2007-02, Zoning Ordinance Amendment No. 2007-03 and Ordinance Amendment No. 2007-O1. 75B-5 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows for minor alterations in land use limitations which do not result in changes to density or land use. Categorical Exemption Environmental Review No. 2007-74 will be filed for this project. Carlos Rodriguez Assistant Planner II CR:jm cr\repor[e\gpa0]-02 zoa0]-03oa0]-Ol.pc ~_ Vince Freg so, AIC Senior Pla 75B-6 bk:6112/07 RESOLUTION NO. 2007-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2007-02 ADDING POLICIES TO THE LAND USE ELEMENT OF THE GENERAL PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. General Plan Amendment No. 2007-02 has been filed to amend various sections of the Land Use Elements of the General Plan to support the purpose of the nonresidential condominium ordinance considered concurrently herewith. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 11, 2007, on General Plan Amendment No. 2007- 02, and recommended that the City Council adopt a resolution approving General Plan Amendment No. 2007-02. C. General Plan Amendment No. 2007-02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on June 18, 2007. D. These amendments to the Land Use Elements of the General Plan are consistent with the balance of the General Plan, and the various elements thereof. E. Pursuant to CEQA, the City of Santa Ana has adopted Categorical Exemption No. 2007-74 for the adoption of this resolution. Section 2. Based upon the evidence submitted at the above said hearing which includes but not is not limited to: the staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council hereby, approves and adopts General Plan Amendment No. 2007-02 to add Policies 2.13 and 5.13 to the Land Use Element of the City of Santa Ana General Plan. B. The amended language of this element is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. C. The Land Use Element is hereby amended to incorporate these added Policies, as set forth in the replacement pages to the Element attached 7 G ~_7 Resolution No. 2007-xx J / Page 1 of 6 hereto as Exhibit "B" and incorporated herein by this reference, and shall be made regularly available by the City's Planning and Building Agency. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 7 C ~_p Resolution No. 2007-xx J v Page 2 of 6 AMENDMENTS TO LAND USE ELEMENT OF THE CITY OF SANTA ANA GENERAL PLAN Added to the bottom of page 13: Policy 2.13. Support regulations to attract and retain large and growing commercial and industrial employers in Santa Ana Added to the bottom of page 15: Policy 5.13. Support economic reinvestment in blighted, non-residential properties through condominium ownership provided the property complies with the City's current standards for quality development. bi 7 E LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-OS): GPA 2007-02 (June 18, 2007), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-O1 (Apri15, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000- 02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-O1 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-O1 (May 4, 1998). EXHIBIT B 75B-10 LAND USE ELEMENT Goal 2.0 Promote land uses which enhance the City's economic and fiscal viability. Policy 2.1 Discourage the intrusion of commercial land uses in industrial areas. Policy 2.2 Support commercial land uses in adequate amounts to accommodate the Citys needs for goods and services. Policy 2.3 Encourage the location of child care facilities within employment centers. Policy 2.4 Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Policy 2.5 Balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. Policy 2.6 Encourage the creation of new employment opportunities in developments which are compatible with surrounding land uses, and provide a net community benefit. Policy 2.7 Support Projects that contribute to the redevelopment and revitalization of the central city urban areas. Policy 2.8 Promote rehabilitation of commercial and industrial properties, and encourage increased levels of capital investment. Policy 2.9 Support developments that create a business environment that is safe and attractive. Policy 2.10 Support new development which is harmonious in scale and character with existing development in the area. Policy 2.11 Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Policy 2.12 Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtown urban areas. Policy 2.13 Support regulations to attract and retain large and growing commercial and industrial employers in Santa Ana. Revised (June 18, 2007) 7 5 B~ 11 The corner of Fourth Street and Main Street was the first commercial lot sold in the city (the lot sold for $15.00). LAND USE ELEMENT Goal 5.0 Ensure that the impacts of development are mitigated. Policy 5.1 Promote development which has a net community benefit, and enhances the quality of life. Policy 5.2 Protect the community from incompatible land uses. Policy 5.3 Minimize the impact of future right-of-way expansion on existing development and neighborhoods through the use of transportation system management programs and traffic demand management to relieve traffic congestion. Policy 5.4 Support land uses which are consistent with the Land Use Plan of the Land Use Element. Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. Policy 5.6 Discourage access to commercial and industrial areas by way of residential streets. Policy 5.7 Anticipate that the intensity of new development will not exceed available infrastructure capacity. Policy 5.8 Encourage the placement of education facilities in close proximity to public parks. Policy 5.9 Encourage development which provides a clean and safe environment for the City's residents, workers, and visitors. Policy 5.10 Support a circulation system which is responsive to the needs of pedestrians and vehicular travel. Policy 5.11 Encourage development which does not generate obnoxious fumes, toxins, or hazardous materials. Policy 5.12 Provide appropriate permanent measures to reduce storm water pollutant loads in storm water from a development site. Policy 5.13 Support economic reinvestment in blighted, non-residential properties through condominium ownership provided the property complies with the City's current standards for quality development. Revised (June 18, 2007) 15 7 5 R~ 1 2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IX OF AND ADDING ARTICLE XII TO CHAPTER 34 AND ADDING ARTICLE XVIII TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ESTABLISHMENT AND CONVERSION OF COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has seen a large increase in the number of nonresidential (commercial and industrial) properties that are seeking to convert to condominiums (common interest developments). B. These applications being processed, in general, relate to properties that otherwise could not obtain a tentative parcel or subdivision map because in one or more instances they fail to comply with the provisions of a state statute or city ordinance. C. The unregulated division of large industrial and commercial structures within the city into small, individual condominiums is contrary to the goals and policies of the city's general plan, because the city needs to preserve and enhance the ability of large and growing commercial and industrial employers to remain in Santa Ana. D. The unregulated division of large industrial and commercial developments within the city into small, individual condominiums is contrary to the goals and policies of the city's general plan because it replaces a single party responsible to prevent neglect and blight of the common spaces of such developments with an association. E. Pursuant to CEQA, the City of Santa Ana has adopted Categorical Exemption No. 2007-74 for the adoption of this ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions Ordinance No. NS-xxxx Page 1 of 11 75B-13 of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to Government Code section 66474.2, the terms and provisions of this ordinance shall not apply to any proposed subdivision for which a complete application was received by the City prior to the effective date of this ordinance. Section 3. Article XII is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: ARTICLE XII -COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT REGULATIONS Sec. 34-180. Purpose. This Article is enacted to establish requirements and procedures for the evaluation of commercial and industrial common interest development projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, parking, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects and avoid conditions of neglect and blight. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city. Sec. 34-181. Application. The provisions of this Article apply to all commercial and industrial common interest development projects. Sec. 34-182. Tentative Map Requirement. All commercial and industrial common interest development projects shall require application for and issuance of a tentative map. Sec. 34-183. Conditions of approval. No tentative map for a commercial or industrial common interest development shall be issued unless all of the following conditions have been met and the applicant has agreed in writing to comply with all of these conditions: Ordinance No. NS-xxxx Page 2 of 11 75B-14 (a) The applicant, at its sole cost, shall prepare, submit for prior review and approval by the city, and record concurrently with the final map, governing documents for the common interest development that include sufficient provisions for governance, funding and capitalization, and enforcement mechanisms, including enforcement by the city, to ensure that the common areas shall be adequately and safely maintained and repaired for the life of the common interest development and that such common area shall be retained for the use of all owners within the development. Prior to approval of the final map by the city, the applicant shall submit the proposed governing documents to the city for review, and approval as to form by the City Attorney, for compliance with the requirements of this section. (b) The applicant shall, at its sole cost, prepare grant deeds or reservations for all mutual or reciprocal easement rights, which shall be reviewed by the city for compliance with the terms of this Chapter, and shall upon city approval be recorded concurrently with the approved parcel or final map. (c) Any other condition imposed by the planning commission or city council to accomplish the purposes of this Chapter or for the preservation of public health, safety or welfare. Sec. 34-184. Management plan. An application for a tentative map for a commercial or industrial common interest development shall be accompanied by a management plan which sets forth a comprehensive representation of the project governance process, including but not limited to the following components: (a) A maintenance plan which includes a long-term project maintenance schedule and operations standards to ensure maintenance of the site to a high standard. (b) Proposed CC&R provisions setting forth the rules of project governance and management, including the establishment of a board of directors (duties, powers, election and replacement). (c) A statement of the means of governing the management of vacant and/or unsold units. (d) All ingress and egress easements, drainage easements, and reciprocal parking agreements, if necessary, between owners of the units, shall be included in the proposed CC&R's. Ordinance No. NS-xxxx Page 3 of 11 75B-15 Sec. 34-185. Conversion Project -Special Use Permit Required. No tentative map or final map for a commercial or industrial conversion project (as that term is defined in this Chapter) shall be approved unless a special use permit has been issued by the city in accordance with the procedures and provisions of this Article and the procedures and provisions of Chapter 41 of this Code. Section 4. Article XVIII is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: ARTICLE XVIII -CONVERSION OF EXISTING BUILDINGS TO COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT Sec. 41-1800. Purpose. This Article is enacted, pursuant to the city's authority as a charter city and section 66427(d) of the Government Code, to establish requirements and procedures for the evaluation of commercial and industrial condominium conversion projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects, avoid conditions of neglect, to protect the public from the potential blighting effects of deteriorated or undercapitalized commercial and industrial conversion projects and provide adequate off-street parking. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city. Sec. 41-1801. Definitions. The definitions set forth in this Section shall govern the application and interpretation of this Chapter: A. "Common interest development" has the meaning given to that term in Civil Code Section 1351(c). B. "Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests. Ordinance No. NS-xxxx Page 4 of 11 75B-16 C. "Conversion project" means a subdivision which consists of conversion of existing buildings into a common interest development. D. "Unit" means a legal parcel, including a common area parcel. Sec. 41-1802. Special use permit. In addition to complying with the requirements of Chapter 34 of this Code, no conversion project for a commercial or industrial common interest development may be issued a tentative map unless it obtains a special use permit in compliance with the requirements of this article. Sec. 41-1803. General standards for preexisting buildings. Buildings which are the subject of a proposed conversion project must not be, prior to application, in violation of Chapter 8 of this Code; they must currently be in compliance with all requirements of Chapter 8 of this Code and all requirements of state laws and regulations pertaining to building structure and safety under the standards therein made applicable to such preexisting buildings. Buildings which do not meet this standard must be brought into compliance before issuance of a special use permit, unless otherwise conditioned in said permit. Sec. 41-1804. Conversion plan. An application for a conversion project for a commercial or industrial common interest development shall be accompanied by a conversion plan which sets forth a comprehensive representation and scheduling of the conversion process including but not limited to the following components: (a) An improvement plan shall be submitted to the city providing for upgrading the complex to the standards then in effect for construction of new buildings with regard to the following matters: (1) sound transmission, (2) energy efficiency, (3) open space, (4) setbacks, (5) adopted design guidelines, and Ordinance No. NS-xxxx Page 5 of 11 75B-17 (Ei) landscaping. If the applicant contends that compliance with one or more of such standards is financially or practically infeasible, it shall bear the burden of proof of such claim to the city; and the city shall adopt written findings following a noticed public hearing relating to any such claim as part of its consideration of the application for special use permit. The improvement plan shall also demonstrate that all existing onsite facilities which are to be retained to be brought into reasonably sound and attractive condition. (b) At a minimum, the improvement plan shall include (1) A site plan showing all existing and proposed structures, including walls and fences, landscaping, irrigation systems and driveways and parking areas. (2) A statement of the current and proposed ownership of the subject property and its current and proposed use. (3) A description of the property, including acreage, number of existing tenant spaces and the proposed units, showing the size of each proposed unit. Each unit shall be physically separated from each other unit by walls, floors, ceilings and the like. (4) A statement of the current and proposed management program, including structural maintenance, landscape maintenance, and parking allocation for each unit. (5) A statement of proposed assessments and fees to be charged to owners of units after conversion. (6) Notice of submission of application for public report which includes the improvement plan and capital reserves. (7) The results of a preliminary inspection requested by the applicant and pertormed by city's building official or authorized representative, identifying whether the building in its current condition (i.e., presuming no special use permit is sought) is in compliance with Chapter 8 of this Code. Applicant shall be responsible for paying the then current fee assessed by the city for such inspection. (8) Compliance of the water delivery system capable of meeting the city's fire flow requirements as applicable to new construction and related fire department access per currently adopted fire code. Ordinance No. NS-xxxx Page 6 of 11 75B-18 (g) Compliance with the building security regulations set forth in Chapter 8, Article II, Division 3 of this Code as applicable to new buildings. (10) Compliance with section 18.165.1 through 18.165.4 of this Code relating to the National Pollution Discharge Elimination System (NPDES), and compliance with Chapter 8 of this Code as it relates to the Americans with Disabilities Act. (ADA). (11) A statement that all exterior appurtenances, such as ladders, down spouts, conduits and piping will be removed. (12) Compliance with Article XI of Chapter 41 of this Code (signs). (13) A current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection. Sec. 41-1805. Utility requirements for the approval of special use permit. No special use permit shall be approved unless the project complies with the following requirements: (a) Electric power, gas and water services must be separately metered for each unit, unless such separate metering is found to be practically or financially infeasible as set forth in section 41-1804(a). (b) Signal transmitting and receiving equipment, including cables, for individual units shall be screened. (c) Common area utilities must be metered separately from unit utilities. Meters providing such separation may be either municipally owned or, subject to the written approval of the director of public works as to type, owned by the associated owners in common. (d) Compliance with sections 34-82 et seq. and 41-626 of the Code, applying to installation of underground utility service lines, as though it were new construction. Sec. 41-1806. Off-street parking requirement for conversion projects. (a) All conversion projects for commercial and industrial common interest developments must provide off-street parking spaces in accordance with the current standards in this chapter, except as specified in this section. Ordinance No. NS-xxxx Page 7 of 11 75B-19 (b) A parking waiver may only be considered if a finding can be made that strict compliance with the parking requirement will not benefit the site and its surrounding area. The applicant must indicate how the project will operate adequately without complying with the parking requirement. This assessment must be based on a fully occupied project. (c) Parking waivers shall be granted by the planning commission and accompanied by written findings, subject to appeal by any interested person to the city council and subject to review and modification by the council on its own initiative. The procedural, public hearing and administrative fee requirements for a parking waiver shall be the same as those for a variance as set forth in this chapter. (d) Any application for a parking waiver shall be filed and decided prior to the filing of the tentative map. Sec. 41-1807. Processing special use permits. An application for a special use permit pursuant to this article shall be considered by the city's planning commission and city council in concurrence with the applicant's tentative map application. Sec. 41-1808. Findings. In addition to the findings required by Chapter 34 of this Code and other provisions of this article, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made: (a) The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole; (b) The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development; (c) The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein; and (d) The proposed common interest development complies with the goals, policies and objectives of the city's general plan. Ordinance No. NS-xxxx Page 8 of 11 75B-20 Sec. 41-1809. Completion of improvements. All improvements required pursuant to the conditions of an approved special use permit shall be completed prior to issuance of a final map for the project. Sec. 41-1810. Expiration of special use permit. A special use permit shall expire after two years, unless a final map for the project is recorded in that time. The Executive Director of the Planning and Building Agency may in writing extend the permit for not more than one year, upon written request by the permit holder made prior to the expiration date. Section 5. Sections 34-301 and 34-302 of the Santa Ana Municipal Code are hereby amended to ensure that they only apply to both residential and nonresidential condominium conversions, such that they read as follows (new language in bold and underline, deleted language in strikeout for tracking purposes only): Sec. 34-301. Purpose. The purpose of these provisions is to establish standards for the development of ~°°',~t;a: common interest developments; to establish standards for the conversion of ~ea# buildings, including rental apartment buildings, into common interest developments; to protect the public from the potential blighting effects of deteriorated or undercapitalized res;Q~;ts,: conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to ~°°',~aa; conversion projects. Sec. 34-302. Applicability. (a) This article applies only to common ownership projects ' for which a final map is required by the State Subdivision Map Act. As used herein, "final map" includes any parcel map required by Section 66426 of the said act. (b) This article does not apply to investment apartments. (c) Except as otherwise provided, the provisions of Division 1 of this article apply to all common interest developments, including conversion projects. Ordinance No. NS-xxxx Page 9 of 11 75B-21 Section 6. The title to Division 2 of Article IX of Chapter 34 and section 34-331 of the Santa Ana Municipal Code are hereby amended to ensure that they only apply to residential condominium conversions, such that they read as follows (new language in bold and underline, deleted language in strikeout for tracking purposes only): DIVISION 2. RESIDENTIAL CONVERSION PROJECTS Sec. 34-331. Applicability. In addition to complying with the requirements of Division 1, all residential conversion projects must comply with the requirements of this division in order for the final map to be approved. Section 6. Section 34-29 is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: Sec. 34-29. Common area. "Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests. Section 7. The City Council, may adopt by resolution, from time to time, a fee for application for a special use permit. Until such resolution is adopted, the application fee for a special use permit as set forth by this ordinance shall be the then current application fee charged by the city to process a conditional use permit. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75B-22 Ordinance No. NS-xxxx Page 10 of 11 ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-xxxx Page 11 of 11 75B-23 75B-24