HomeMy WebLinkAbout FULL PACKET_2007-09-04Jwf/lar 8.27.07
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 21-120r.1(a) OF
THE SANTA ANA MUNICIPAL CODE TO EXTEND THE
FEE CHARGED TO FINANCE THE CITY'S PROACTIVE
RENTAL ENFORCEMENT PROGRAM.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council hereby finds, determines and declares as follows:
A. In June of 1990 the Mayor's Task Force on Neighborhood Standards and
Preservation recommended the implementation of a mandatory inspection
program for all residential rental properties in the City of Santa Ana.
B. On July 19, 1992, representatives from the Planning and Building Agency
and various apartment associations met and reached agreement on the
Proposed Proactive Residential Enforcement Program.
C. The purpose of the proposed program was to promote public health,
safety and welfare through a proactive program of periodic and systematic
inspections of all residential rental properties in the City of Santa Ana.
D. The spirit of the proposed program was to promote environments in which
unsanitary conditions and life safety hazards are reduced for occupants of
residential rental properties and inspection would ensure that building
systems providing water, sewage disposal, heating and electricity are safe
and operational and encourage the residential rental industry to affect
repairs and conduct preventative building maintenance before deteriorated
conditions upon rental property reach gross proportions.
E. The adoption of the Proactive Rental Enforcement Program necessitated
increased staffing to focus enforcement efforts exclusively on the identified
proactive rental inspection areas.
Ordinance No. NS-
Page 1 of 6
11 A-1
F. The additional staff positions and operational costs were proposed to be
borne through the adoption of an annual inspection fee assessed to
members of the residential rental industry who voluntarily chose to engage
in the business of residential rentals.
G. All fees assessed under proposed program bear a direct correlation
between the amount of the fee and the actual cost of the services
provided. Therefore, all fees charged under the Proactive Rental
Enforcement Program are used only to pay for the administration,
enforcement, implementation and other services specifically related to
PREP.
H. The $17.50 per unit annual fee was proposed to cover only the cost of the
additional staff and operational costs associated with the Proactive Rental
Enforcement Program and would be used to fund only the cost of the
program and not on-going complaint-driven code enforcement activities.
The Program's focus shifted in 1999 to include complaint-drive code
enforcement activities related to rental housing.
In light of the fact that the Planning and Building Agency did not have the
necessary resources for the collection of the proposed inspection fee and
for the ease and convenience to the residential rental business industry,
the $17.50 surcharge fee was proposed to be collected with the business
license tax already paid by persons operating such a business on an
annual basis.
J. The proposed program provided for initial inspections of all residential
rental properties, unless exempted, within designated proactive rental
housing code enforcement areas; as well as, reinspection of each property
after completion of the initial inspection period.
K. On August 3, 1992, in response to the recommendation of the Mayoral
Task Force committee and to address the growing concerns of the
community regarding the deterioration of residential rental units in the City
as it related to issues of life, health and safety, the City Council of the City
of Santa Ana adopted an ordinance creating a $17.50 surcharge fee to
fund the cost of a residential rental inspection program.
L. The ordinance established a sunset date of December 31, 1999 for the
$17.50 fee to allow fora "seven year period to undertake the program and
evaluate its impact", thus "providing a time frame sufficient to fully monitor
[its] results".
M. The ordinance also provided that any extension of the surcharge fee
beyond the sunset date would require further action by the City Council.
Ordinance No. NS- 2
Page 2 of 6
11 A-2
N. On June 20, 1994, the City Council adopted Resolution No. 94-026 which
approved and adopted the "Gold Seal Incentive Program" whereby
particular residential properties or residential apartments may be certified
as having met standards of excellence in property maintenance and as
certified, would be exempted from payment of the surcharge fee for a
three-year period.
O. In October 1999, the City Council adopted Ordinance No. NS-2408 which
extended the PREP fee until December 31, 2003 based on a fee study.
P. This 1999 fee study reported that funding the cost of the required staff and
operational costs associated with the continuation of the Proactive Rental
Enforcement Program would amount to an estimated $608,410. The 2003
fee study for PREP reports an increase in required staff and operational
costs from $608,410 to $617,360.
Q. In 1999, business license records indicated an inventory of 28,500 rental
units generating $498,750 in revenue. Business license records for
calendar year 2003 indicated an inventory of 27,231 rental units, 958 less
than in 1999 which, at $17.50 per unit, generated annual revenue of
$476,542.
R. From 1999 to 2003, the decrease of 958 rental units and increase in
staffing and operational costs created a further widening of the deficit
between program costs and revenue generated by the Rental Inspection
Fee.
S. To offset a percentage of the revenue versus costs deficit in the 1999
program budget, and given that inspection emphasis for the extension was
to be placed primarily on the exterior of the rental properties, PREP
staffing was reduced form six to five inspectors.
T. Staffing for the PREP program during the extension period of calendar
years 2004 through 2007 was reduced from five to four.
U. It is anticipated that, for the 2008-20011 extension, the Proactive Rental
Enforcement Program will generate $454,158.73 a year in revenue based
upon the $17.50 fee per unit and the estimated number of units
(approximately 25,951).
V. A fee study conducted for the calendar year 2006-2007, found that the
Proactive Rental Enforcement Program will cost the City of Santa Ana
$641,923.92 a year.
W. It is anticipated that the deficit for the Proactive Rental Enforcement
Program will be $187,765.19 a year for the extension period of 2008-2011.
Ordinance No. NS-
Page3of6
11 A-3
Currently, the PREP program continues to have four inspectors and based
upon the revenue and costs projection, that is not expected to change.
X. Continuation of Proactive Rental Enforcement Program is essential to the
neighborhoods in Santa Ana to provide assurances that the rental housing
will not be allowed to revert to the condition which led to the initial
concerns for the implementation of an inspection program in 1992.
Y. Recurrent poor management by rental owners has become a challenge for
the Proactive Rental Enforcement Program inspectors in maintaining
improvements gained in the previous areas while conducting inspections
in the next neighborhood.
Z. In an effort to continue monitoring the results of the program, PREP will
continue for another four-year period, commencing on January 1, 2008
and will sunset on December 31, 2011, to allow for review of the program
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section 15321,
Class 21, as the project involves an enforcement action by a regulatory agency to allow
the continuation of an inspection program. A Categorical Exemption for Environmental
Review No. 2007-123 will be filed for this project.
Section 3. Section 21-120r.1 of the Santa Ana Municipal Code is hereby
amended, which amendment only extends the sunset clause currently in said section
from 2008 to 2011, to read in full as follows:
Sec. 21-120r.1. Residential Rental Surcharge.
(a) Except as otherwise provided in subsection (b) of this section, the
business license tax for residential property rental and residential
apartment rental shall consist of the amount set forth in subsections (2)
and (3) of section 21-120r plus an annual surcharge of seventeen dollars
and fifty cents ($17.50) per each property rental unit or each apartment
rental unit. The surcharge hereby established shall be due and payable
and shall be paid at the same time and in the same manner that the
amount due under section 21-120r is due and payable. No business
license shall be issued unless the surcharge is paid. Penalties and interest
shall be assessed upon the total amount due and unpaid at the rate
specified in this chapter until such time as both the amount due under
section 21-120r and the surcharge due under this section are paid in full.
All provisions for the enforcement, collection and recovery of unpaid
business license taxes shall likewise apply to the enforcement, collection
and recovery of any unpaid surcharge. Notwithstanding any provision of
this chapter to the contrary, the amount of the surcharge shall not change
Ordinance No. NS- 4
Page4of6
11 A-4
except by amendment of this section. This section shall expire on, and be
of no further force or effect after December 31, 2011.
(b) The city council may, by resolution, establish a program whereby
particular residential properties or residential apartments, licensed
pursuant to this chapter, may be certified as having met standards of
excellence in property maintenance. In such event, the executive director
of the planning and building agency shall be responsible for the
implementation of that program. Owners of property certified pursuant to
that program shall be exempt from the payment of the surcharge specified
in subsection (a) of this section for the three (3) tax years next succeeding
the time of such certification. The executive director of the planning and
building agency shall provide the executive director of the finance and
management services agency with listings of licensed properties certified
under this program, which shall be periodically updated to reflect changes.
The city council may provide for such financial limitations on the
exemptions to be granted from the surcharge as the city council deems
appropriate.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 5. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the collection of any such
license or penalty or the penal provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and obligations there under
appertaining shall continue in full force and effect.
ADOPTED this day of , 2007.
Miguel A. Pulido
Mayor
Ordinance No. NS-
11 A-5 Page 5 of 6
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
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- 6
Page 6 of 6
11 A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
APPROPRIATION ADJUSTMENT ACCEPTING
SAFE ROUTES TO SCHOOL AND HIGHWAY
SAFETY IMPROVEMENT PROGRAM GRANTS
FOR VARIOUS LOCATIONS
e~
~---
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment accepting $1,988,749 into the
Traffic System Management Grant fund revenue account (account no.
148-01-5350) and appropriate the funds to expenditure account
(account no. 148-651-6631) for the purpose of implementing five Safe
Routes to School Grants.
2. Approve an appropriation adjustment accepting $596,700 into the
Federal Aid Safety Program fund revenue account (account no. 147-01-
5350) and appropriate the funds to expenditure account (account no.
147-651-6631) for the purpose of implementing two Highway Safety
Improvement Program Grants.
DISCUSSION
On January 2, 2007 staff submitted six Safe Routes to School (SRTS) grant
applications and on April 5, 2007 staff submitted nine Highway Safety
Improvement Program (HSIP) grant applications for the design and
construction of traffic safety improvements such as traffic signals and
left-turn arrows.
The City received approval of five SRTS and two HSIP grants totaling
$2,585,449. The locations and their respective improvements are listed in
Exhibit 1. The five SRTS grants are 100 grant funded. The HSIP grants
require 10~ City matching funds in the amount of $66,300. Installation of
all these improvements is expected in summer 2008.
Staff recommends these grant funds be accepted and appropriated so that
these needed safety improvements can be completed.
20A-1
Appropriation Adjustment for
SRTS and HSIP Grants
For Various Locations
September 4, 2007
Page 2
ENVIROI~~NTAL IMPACT
Environmental review will be conducted for this project and will be
presented to the City Council when the construction contract is awarded.
This type of project typically qualifies for a Categorical Exemption.
FISCAL IMPACT
The appropriation adjustment will increase the Traffic System Management
Grant revenue account (account no. 148-01-5350) by $1,988,749 and the
expenditure account (account no. 148-651-6631) by $1,988,749. No
matching funds are required since this is 100 grant funded.
The appropriation adjustment will increase the Federal Aid Safety Program
revenue account (account no. 147-01-5350) by $596,700 and the expenditure
account (account no. 147-651-6631) by $596,700. The City's matching
funds in the amount of $66,300 will be budgeted in the City's FY
2008/2009 Capital Improvement Program.
APPROVED AS TO FUNDS AND ACCOUNTS:
~(~(~C'c~~ sir ~ . ~ ~ ~...~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
20A-2
Public Works Agency
Appropriation Adjustment for
SRTS and HSIP Grants
For Various Locations
September 4, 2007
Page 3
Location Improvement Grant Funds
Newhope/McFadden * Left Turn Arrows $253,550
Hazard /Gates * New Traffic Signal $418,126
Hazard / Rosita * New Traffic Signal $426,376
Sullivan / Willits * New Traffic Signal $434,637
Raitt /Glenwood * New Traffic Signal $456,060
Harbor /Kent ** New Traffic Signal $326,700
Santa Ana /Flower *'~ Left Turn Arrows $270,000
Total Amount $2,585,449
* SRTS Grant
** HSIP Grant
EXHIBIT 1
20A-3
20A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
CONTRACT AMENDMENT FOR
OVERHEAD DOOR MAINTENANCE
(SPEC. NO. 06-092)
NT 0
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Amend the contract with Vortex Industries, Inc., for overhead door
maintenance by $10,000 for an annual amount not to exceed $48,428.
DISCUSSION
The City utilizes various overhead doors and automatic gates that require
maintenance and repair. Included are 36 front and rear apparatus room
overhead doors at the Fire Department's ten fire stations, the parking
garages at the Depot and City Hall, and security access gates at the
Corporation Yard. These doors and gates are operated several times daily,
seven days a week. A preventive maintenance contract is essential to
ensure full function and response at all times. The contract provides for
regularly scheduled maintenance as well as 24-hour emergency repair
response and miscellaneous repairs and parts.
On September 18, 2006, the City Council awarded a contract to Vortex
Industries, Inc. In addition to overhead doors, six Fire stations and the
Corporation Yard utilize manually operated gates to control access. The
recommended action will provide for maintenance and 24-hour emergency
repair of additional Corporation Yard and Fire Department gates and doors.
FISCAL IMPACT
Funds are available in the Fire Maintenance and Building Maintenance Fund
accounts (nos. 11-327-6291 and 73-105-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
`_
~~
Steve W. itchfiel
Interim ire Chief
SWC/BP/06-092A.3:uc
Q ~~, ~.-~
~~ Francisco Gutierrez
~,v Executive Director t~
Finance & Mgmt. Services Agency
22A-1
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
CONTRACTS AWARD FOR
CHEMICALS - SOIL, PLANT,
AND WATER TREATMENT
(SPEC. NO. 07-069)
,~1:i;
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award contracts for chemicals for a one-year period, with provision for
three, one-year renewals in the annual amounts as follows:
Vendor:
Western Farm Service
Waterline Technologies, Inc.
Target Specialty Products
DISCUSSION
Location: Amount:
Santa Ana $60,000
Santa Ana $60,000
Santa Fe Springs $30,000
The Parks, Recreation and Community Services Agency requires herbicides,
pesticides and fertilizers to control and eradicate weeds and insects and
to sustain abundant plant growth in the City's parks. Chemicals such as
hydrochloric acid and sodium hypochlorite are required to disinfect public
swimming pools, water fountains, sewer system, and water wells throughout
the City. The chemicals are purchased through the Central Stores warehouse
for distribution to the agencies. The contracts for chemicals are designed
to provide quality products at significant savings based on quantity
pricing.
The notice inviting bids was advertised on July 25, 2007 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
26 Invitations For Bid mailed
5 Invitations For Bid mailed to Santa Ana vendors
9 Bids received
3 Bids received from Santa Ana vendors
22B-1
Contract Award for Chemicals
September 4, 2007
Page 2
Bids were received, opened on August 14, 2007 and evaluated
The bids received from Western Farm Service and Waterline
Inc., both Santa Ana vendors, and Target Specialty Products a
to the specifications in their respective categories and meE
requirements. The annual amounts are based on past usage
projection for the next year.
FISCAL IMPACT
(Exhibit 1) .
Technologies,
re responsive
't the City's
and staff's
Funds are available in the various departmental Other Materials & Supplies
accounts (object code 6391).
D ~.
~~ Francisco Gutierrez
,executive Director
Finance and Management Services Agency
FG/WO/07-069.2:uc
22B-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR CHEMICALS -SOIL, PLANT, AND WATER TREATMENT (07-069)
Western Farm Waterline Target Specialty
Service Technologies Products
Location Santa Ana Santa Ana Santa Fe Springs
Discount 1 % Local Pref. 1 % Local Pref. None
Category Description
Sub total A Herbicides $ 45,430 * No Bid $ 54,224
Sub total B Water Treatment No Bid $ 56,785 * $ 80,113
Sub total C Insecticides $ 1,244 * No Bid $ 1,335
Sub total D Fertilizers $ 13,004 * No Bid $ 12,495
Sub total E Soil Treatment & Additives $ 10,450 No Bid $ 9,433
Total Cost $ 46,674 * $ 56,785 * $ 21,928
Estimated Annual Usage
(Including Sales Tax) $ 60,000 $ 60,000 $ 30,000
UAP Distribution Lincoln Equipment Chem Pro
Inc. Laboratory
Location Corona Brea Gardena
Discount None None None
Category Description
Sub total A Herbicides $ 49,236 No Bid No Bid
Sub total B Water Treatment No Bid $ 64,440 $ 68,666
Sub total C Insecticides $ 1,353 No Bid No Bid
Sub total D Fertilizers $ 11,186 # No Bid No Bid
Sub total E Soil Treatment & Additives $ 9,702 No Bid No Bid
Knorr Systems York Industries Leslies Poolmart
Location Santa Ana Rancho Cucamonga Phoenix, AZ
Discount 1 % Local Pref. None None
Subtotal A Herbicides No Bid $ 41,815 # No Bid
Subtotal B Water Treatment $ 81,932 * No Bid $ 40,882
Subtotal C Insecticides No Bid $ 1,310 No Bid
Subtotal D Soil Treatment & Additives No Bid $ 6,194 # No Bid
* =Includes 1 % Local Vendor Preference
# =Non Responsive Bid. Did Not Bid On Al l Items In Category
EXHIBIT 1
22B-3
22B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
CONTRACT AWARD FOR
MOTOR CONTROL CENTER UPGRADE
AT WELLS 28 AND 38
(SPEC. NO. 07-067)
fp
CI Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Leed Electric, Inc., to upgrade the motor control
center at Wells 28 and 38 in the amount of $317,076.
DISCUSSION
The Public Works Agency's Water Resources Division operates 21 water wells
that provide approximately 70 percent of the City's water supply. The
Agency is upgrading the motor control centers at the wells located at 730
Memory Lane and 2736 N. Cambridge. A variable frequency motor drive is
used to regulate the quantity of water pumped from most of the City's wells
and pump stations. Currently, Wells 28 and 38 do not use variable
frequency motor drives. Installation of variable frequency motor drives at
Wells 28 and 38 will allow the pumps to start smoothly, use less energy and
will reduce pressure surging into the water lines. In addition, once the
variable frequency drives are installed, the City will qualify for an
energy saving rebate of approximately $73,000.
The notice inviting bids was advertised on July 13, 2007 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
18 Invitations For Bid mailed
2 Invitations For Bid mailed to Santa Ana vendors
2 Bids received
Bids were received, opened on August 8, 2007 and evaluated. Bid results
are as follows:
Vendor: Amount: Location:
Leed Electric, Inc. $ 288,251 Norwalk
Digital Electronic Services, Inc. $ 292,443 Upland
22C-1
Contract Award for Motor Control Center Upgrade
September 4, 2007
Page 2
The bid received from Leed Electric, Inc., is responsive to the
specifications and meets the City's requirements. A ten percent
contingency has been included for unanticipated minor modifications.
FISCAL IMPACT
Funds are available in the Water Utility Water Production and Supply
account (no. 64-574-6641).
APPROVED AS TO FUNDS AND ACCOUNT:
James s ~ Francisco Gutierrez
Executive Di ctor ,,~xecutive Director
Public Works Agency ~ Finance & Mgmt. Services Agency
JGR/WO/07-067.9:uc
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
CONTRACT RENEWAL FOR
LANDSCAPE MAINTENANCE
(SPEC. NO. 03-061)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with ValleyCrest Landscape Maintenance, Inc., for
landscape maintenance services at the Santa Ana Zoo at Prentice Park and
other general park locations as needed for a one-year period in the annual
amount not to exceed $85,350.
DISCUSSION
The Parks, Recreation and Community Services Agency is responsible for the
landscape maintenance at all City parks as well as the Santa Ana Zoo at
Prentice Park. The maintenance includes: mowing and edging of turf,
pruning and trimming of trees and shrubs, removal and control of weeds and
of plant diseases and pests, plant irrigation, and the maintenance and
repair of irrigation systems. Additionally, the agency is responsible for
the general maintenance and upkeep of the Santa Ana Zoo at Prentice Park as
a safe and attractive feature of the City.
On September 2, 2003, the City Council awarded a contract to ValleyCrest
Landscape Maintenance, Inc., for a two-year period with provision for
three, one-year renewals. The vendor has agreed to renew the contract;
however, the vendor has requested a four percent increase due to the rising
costs of fuel and insurance. The vendor has performed satisfactorily
during the past contract period, and staff recommends the final renewal of
the contract.
22D-1
Contract Renewal for Landscape Maintenance
September 4, 2007
Page 2
FISCAL IMPACT
Funds are available in the Park Maintenance account (no. 11-250-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
i~VP~LI.~-~
Gerardo Mouet
Executive Director
Parks, Rec. & Comm. Svcs. Agency
GM/WO/03-061RF.8:uc
~ Francisco Gutierrez ~
y C~
~~xecutive Director
Finance & Mgmt. Services Agency
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
CONTRACT AMENDMENT FOR
BROADNAY REHABILITATION AND
WATER MAIN IMPROVEMENTS
(PROJECTS 05-1705 AND 06-
3199)
l~~ ' ~' ...~z-s
CI Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Amend the contract with All American Asphalt for the Broadway
Rehabilitation and Water Main Improvements Project to increase the amount
by $185,000 for a total estimated amount of $1,834,443.
DISCUSSION
On June 19, 2006, the City Council awarded a contract for the Broadway
Rehabilitation and Water Main Improvements Project to All American
Asphalt in the estimated amount of $1,499,494 plus a ten percent
contingency totaling $1,649,443. Due to lack of accurate as-built
information, the existing asphalt pavement was found to be thicker than
expected and the existing underground utilities were at different
locations different than those shown in the old records. As a result,
actual quantities of excavation, asphalt concrete and some other related
work items are higher than the engineer's estimate.
In addition, the contractor spent more time and effort to protect or
relocate the existing utilities in order to install the water main.
Given these circumstances, staff recommends an increase in the contract
with All American Asphalt by an estimated amount of $185,000 to cover the
additional costs.
FISCAL IMPACT
The estimated increase of the contract is $185,000 for a total estimated
amount of $1,834,443. Funds are available in the Measure M Street
23A-1
Contract Amendment
Project No. 05-1705 & 06-3199
September 4, 2007
Page 2
Construction Fund (account no. 32-551-6631), the Select Street
Construction Fund (account no. 59-551-6631), and the Water Capital
Improvement Fund (account no. 66-579-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. oss Francisco Gutierrez
Executive Director ~ Executive Director ~`~
Public Works Agency Finance & Mgmt. Services Agency
K:\Construction\RFCA-draft\2007\OS-1705 2007-09-04
23A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
STPTEMBFR 4, 2007
TITLE:
CONTRACT AWARD FOR 2007/2008
ObIIdIBUS CONCRSTT3 R$PLACS>~NT
(PROJECT NO. 08-1729)
f,.
~ ~G~..~.._____~'
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to Portsmouth Construction, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $488,407.64 for construction of 2007/2008
Omnibus Concrete Replacement Project.
2. Approve a Funding Analysis with a total estimated construction cost
of $610,500.
DISCUSSION
This project will provide for replacement of damaged and deteriorated
concrete sidewalks, curbs, gutters, cross gutters, wheelchair ramps,
driveway approaches, and concrete pavement at various locations
throughout the City. The work will be performed on an as-needed basis.
The Notice Inviting Bids was advertised on July 25 and 27, 2007, and bids
were opened on August 15, 2007. A summary of the bid invitations mailed,
the bids received, and the bid results follow.
Santa Ana Contractors receiving notices:
Contractors requesting bidding documents:
Bids received:
Bids received from Santa Ana Contractors:
13
19
10
2
NAME OF BIDDER CITY BID AMOUNT
1. Portsmouth Construction Chino $488,407.64
2. C.J. Concrete Construct. Inc. Santa Fe Springs $611,007.50
3. Elite Bobcat Service, Inc. Corona $753,092.00
4. Accord Engineering, Inc. Santa Ana $758,497.00
5. S. Parker Engineering, Inc. Costa Mesa $832,305.00
6. Hardy & Harper, Inc. Santa Ana $874,337.70
7. All American Asphalt Corona $931,237.00
23B-1
Omnibus Concrete Replacement
September 4, 2007
Page 2
8. Majich Bros, Inc. Altadena
9. Nobest Inc. Westminster
10. Sulley-Miller Contracting Co. Anaheim
A total of ten bids were received and all were
bid was submitted by Portsmouth Construction, Inc
is below the Engineer's estimate of $500,000.
ENVIRONMENTAL IMPACT
$ 937,295.50
$1,068,925.00
$1,180,254.00
responsive. The lowest
. for $488,407.64, which
In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption ER No.2007-
130 will be filed for this project.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$610,500 for project (Exhibit 1). Funds are available in the Measure M
Construction Fund (account no. 32-551-6631) and various other funding as
needed.
APPROVED AS TO FUNDS AND ACCOUNTS:
~'~~ (~~~~/Z~ dam- y
James G. oss Francisco Gutierrez ~,/~,
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
K:\Conatruction\RFCA-draft\2007\09-04-07 Ominibus Concrete Replacement OB-1729.doc
23B-2
FUNDING ANALYSIS
PROJECT NO. 08-1729
2007/2008 OMNIBUS CONCRETE REPLACEMENT
Construction Contract $ 488,407
Contract Administration 13,253
Inspection and Testing 40,000
Survey Staking 20,000
Contingencies 48,840
TOTAL ESTIMATED CONSTRUCTION COSTS $ 610,500
EXHIBIT 1
23B-3
23B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
AMEND AGREEMENT WITH ARAMARK
CORRECTIONAL SERVICES, LLC FOR
TOWEL LAUNDRY SERVICE
_.
~,;
_ i ~, _
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an amendment to the agreement with Aramark
Correctional Services, LLC to provide towel laundry service in an annual
amount of $19,760, for a total aggregate amount not to exceed $1,109,760.
DISCUSSION
The Police Department has a current contract for towel laundry service for
the Bruce R. Carlson Fitness Center and locker rooms. This contract
requires the use of the towels provided by the vendor, which are smaller
and thinner than the department owned towels. On January 16, 2007, Council
approved the agreement with Aramark Correctional Services, LLC to provide
inmate food services for the Santa Ana Jail. Aramark can also provide
towel laundry service at a lower cost than the current vendor. Staff
recommends amending the existing agreement with Aramark Correctional
Services, LLC to include this service at a weekly cost of $380.
FISCAL IMPACT
Funds are available in the Police Department's Building & Facilities fund
(account no. 11-350-6291).
~'~,._s
Paul M. Walters
Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~s ~~. 1
Francisco Gutierrez
.v
Executive Director ~
Finance & Mgmt. Services Agency
25A-1
25A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
AGREEMENTS FOR BUILDING PLAN CHECK
SERVICES AND APPROPRIATION
ADJUSTMENTS
t'.~'""
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute agreements with Scott Fazekas and
Associates, Inc.; Tmad, Taylor & Gaines; and NYA Consulting Structural
Engineers in an aggregate total amount not to exceed $300,000.
2. Approve appropriation adjustments recognizing aggregate total amounts
not to exceed $300,000 in the 2007-2008 FY revenue account for
building plan check (account no. 011-01-5401) and appropriating
various amounts not to exceed $300,000 to the Planning and Building
Agency 2007-2008 FY budget allocation in the account for contractual
services (account no .. 11-508-6291) for payments to .the consultants.
contracted to complete building plan checks of various projects.
DISCUSSION
The City has experienced an upward trend in development over the last
several years which is expected to continue in the current fiscal year.
Major projects are under way or are expected to begin development in the
next 12 months. Among these are: One Broadway Plaza, a 37 story office
building on Broadway Avenue; the Nexus project, a 23-story residential
tower at MacArthur Cinema site; the Montage project which includes one
four-story and two five-story structures with a total of 350 residential
units at Main Street and MacArthur Boulevard; and the Promenade Pointe
project, with one eight-story tower and a second 18-story tower of
residential units. These and other major developments will put a
significant burden on the plan check staff to provide timely and accurate
processing of plans.
In order to maintain an appropriate service level for these new major
projects, while still maintaining a three-week turn-around time for all
plan submittals, it is necessary to augment plan check staff. Since
additional employees may not be required when these major projects are
25B-1
Plan Check Agreements and Appropriation Adjustments
September 4, 2007
Page 2
finalized, it is recommended that the City utilize contracted plan check
services on an on-call basis to address the peak workload demands more
efficiently.
In August 2006, City Council approved a similar request for contracted
plan check services in a total aggregate amount not to exceed $500,000.
Because many of the projects that were expected to enter the plan check
process in FY 2006-07 are still in the planning stages, it is anticipated
that these and other new projects will continue to impact the Plan Check
section producing a greater workload than usual.
Of eight consulting firms that responded to the original Request for a
Proposal, three consulting firms continue to meet the City's requirements
for availability of qualified engineering staff, turn-around time,
locale, and fees. One of these recommended firms, Scott Fazekas and
Associates, Inc., will provide complete plan check services at a rate not
to exceed 70°s of the City's plan check fee charged to each project they
receive. The other two recommended firms, Tmad, Taylor & Gaines and NYA
Consulting Structural Engineers, will provide structural only plan checks
on selected projects at a rate not to exceed 400 of the City's plan check
fee charged to the project. All contracted firms will process any
required plan revisions and deferred submittals at acceptable hourly
rates. All three firms have agreed to no other add-on costs.
FISCAL IMPACT
Plan check fees paid to the City for each project contracted out for full
plan check will fund the cost for the consultants at an amount not to
exceed 70% of the plan check fee paid to the City. In cases where only
structural plan check is provided by a consulting firm, the fee will be an
amount not to exceed 40% of the total plan check fee paid to the City.
These amounts will be recognized in the revenue account for building plan
check (account no. 011-01-5401) and a like amount appropriated to the
Planning and Building Agency account for contractual services (account
no. 11-508-6291), not to exceed a total amount of $300,000. These
allocated amounts to the Planning and Building Agency budget for
contracted plan check will include only fees not included in the FY 2007-
08 revenue projection for building plan check.
APPROVAL AS TO FUNDS AND ACCOUNTS:
~~ ~ ~ ~
Jay, M. Trevino Francisco Gutierrez
Executive Director Executive Director `~
Planning and Building Agency Finance & Management Services Agency
SB:rb
sb\rfcas\2007-08\Plan Check Services Aug-07
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
PiJRCHASB AGREEMENT FOR
BRISTOL STREET CORRIDOR (PROJECT
06-1500)
,f~ ~ 9
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with:
Mai & Ninh Nguyen for the purchase of the vacant property
located at 401 S. Bristol in the amount of $347,000.
DISCIISSION
On March 6, 2006 the City Council approved the cooperative agreement
between the City and the Orange County Transportation Authority to
fund Bristol Street improvements from McFadden Avenue and Pine Street
Improvements include widening of the street from four lanes to six,
construction of landscaping in the parkways and the median islands,
traffic improvements, drainage structures, sound walls, and other
amenities as outlined in the Specific Plan. To accommodate the
widening, the acquisition of entire property listed above is required
(Exhibit 1). The purchase amount is the appraised value prepared by
an appraiser licensed in the State of California.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project has been determined to be adequately evaluated in
the previously prepared Environmental Impact Report/Environmental
Impact Assessment EIR No. 89-01 approved by City Council in 1990.
25C-1
Purchase Agreement For
Bristol Street Corridor
September 4, 2007
Page 2
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund
(account no. 59-553-6611).
f'~
`~ James G. Ross
executive Director
°•; Public Works A enc
9 Y
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ~~` V
Executive Director L
Finance & Mgmt. Services Agency
25C-2
MATCHLINE LEGEND
SEE BOTTOM RIGHT SUBJECT PROPERTIES
r-i
' [~ ~ ACQUIRED PROPERTIES
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EN AVENUE WILLI TS
MATCHLINE
SEE ABOVE LEFT
CITY COUNCIL TITLE
~~~~~ ~~~ PURCHASE AGREEMENT FOR
P ~~I~ AGENDA °ATE BRISTOL STREET CORRIDOR
sEPTEnnBER 4, zoos (PROJECT 06-1500)
PuBIIC wORFS AGENCv
r
WALNUT ST.
~, ~~
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AVENUE
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25C-3
25C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
AGREEMENT FOR ACQUISITION OF REAL
PROPERTY AND ESCROW INSTRUCTIONS
FOR 1901 W. WALNUT AVENUE
. , _%
i '`.
/ j
r ~.YY. ~ / /it-' ~L....
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1St Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement for the acquisition of
real property and escrow instructions acquiring the real property located
at 1901 W. Walnut Avenue from the Orange County Rescue Mission, Inc. for
the amount of $1,600,000 plus normal escrow closing costs.
DISCUSSION
The subject property shown on Exhibit 1 encompasses 17,232 square feet
and contains a commercial/industrial building of 8,798 square feet. It
is currently being marketed for sale. The price of $1,600,000 represents
the fair market value.
Existing land uses in the area are varied
retail uses along primary streets as wel
residences on secondary streets. Purchase
the City to ensure future uses will b
surrounding land use.
ENVIRONMENTAL IMPACT
and include commercial and
1 as single and multifamily
of this property will enable
e more compatible with the
In accordance with the California Environmental Quality Act, this project
is exempt from further review. Categorical Exemption ER No. 2007-112
will be filed for this project.
25D-1
Agreement for Acquisition of Real
Property and Escrow Instructions for
1901 W. Walnut Avenue
September 5, 2007
Page 2
FISCAL IMPACT
Funds for the acquisition of this property are available in the Capital
Outlay Fund Land account (account no. 51-012-6611).
APPROVED AS TO FUNDS AND ACCOUNTS:
Step en G. rding
Deputy City Manager for
Development Services
Community Development Agency
~~
rancisco Gutierrez
~b°~xecutive Director
Finance & Management Services Agency
SGH/SLB/mlr
H:\ACTION ITEMS\COUNCIL\2007 CC\AgreeAcqui 1901 W. Walnut 9-4-07.doc
25D-2
i
i
i
SECOND STREET
~ ~ i- ~ W
W i I ~
N ~
N N
FIRST
STREET
I
i
~~~
STREET
a
C
~r
1901 West Walnut Street
Exhibit 1
25D-3
25D-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
sEPTEMBER 4, aoo~
TITLE:
COOPERATIVE AGREEMENT WITH
SANTA ANA UNIFIED SCHOOL
DISTRICT FOR EXTENDED LIBRARY
HOURS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute a
cooperative agreement with the Santa Ana Unified School District to
extend library services at three high school sites for a one year term
in a not to exceed valued amount of $269,044.
DISCUSSION
Libraries provide a safe and wholesome environment for youth and their
families to access information, materials, technology, and other resources
leading to enhanced academic success. In order to extend library services
in the southern areas of the City where public library facilities do not
currently exist, a cooperative agreement between the City of Santa Ana and
the Santa Ana Unified School District is recommended for approval. Under
the terms of the agreement, the District would provide library services,
including book loans, at Valley, Saddleback and Century High Schools from 4
p.m. to 8:30 p.m., Monday through Thursday, during the period of the year
the schools are in regular academic session. Bookmobile services for
children at Valley High School would also be provided by the City four
evenings per week, valued at $55,236.
In addition, the City will provide up to 4,000 books appropriate for
preschool through 8th grade readers with a new retail value of $79,600 to
augment the schools' existing collection. The City will also provide
$134,208 to the District to fund staff and one-time set-up costs associated
with the additional hours of service to the public at the high school
sites. The total aggregate amount of funding and in-kind assistance
provided to the District under the proposed agreement is $269,044.
25E-1
Cooperative Agreement SAUSD
September 4, 2007
Page 2
FISCAL IMPACT
Funds are available in the General Fund, Non-Departmental account (no.
11-012-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
%~
Rob Ri and
Executive Director
Library Department
~ (\i\~r Lie , -, ~~~-~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
2
25E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
RESOLUTION AUTHORIZING
PARTICIPATION IN THE CALIFORNIA
STATE PARKS HABITAT CONSERVATION
FUND PROGRAM
~~ .
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the submittal of a grant application in
the amount of $100,000 to the California State Parks Habitat Conservation
Fund Program for the Santiago Park Nature Reserve Wilderness Resources
Connection and Protection Education Program.
DISCUSSION
The Habitat Conservation Fund Program was established under the
California Wildlife Protection Act of 1990 and provides funds for
enhancement, restoration and interpretation of riparian habitats
throughout the State. Approximately $2 million will be available this
funding cycle. The application requires a 50-percent match of non-State
money. Applications are due on October 1, 2007.
The Santiago Park Nature Reserve Wilderness Resources Connection and
Protection Education Program is designed to introduce Santa Ana youth to
wilderness resources, emphasize the important benefits those services
provide, and to educate residents on how best to visit, protect and
restore wilderness resources both locally and regionally. The program
will be conducted from the Santiago Creek Wildlife and Watershed Center
and will include field trips and group presentations that focus on plant
and animal identification, habitat restoration techniques, wilderness
ethics, and camping and outdoor skills.
FISCAL IMPACT
There is no~f/fiscal impact associated with this action.
~7
Gerardo Mouet
Executive Director
Parks, Rec. and Com. Svcs.
55A-1
Resolution No. 2007-
Iss8/27/2007
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING
THE APPLICATION FOR GRANT FUNDS
UNDER THE HABITAT CONSERVATION FUND PROGRAM
FOR THE SANTIAGO PARK NATURE RESERVE WILDERNESS
RESOURCES CONNECTION AND PROTECTION EDUCATION PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. The people of the State of California have enacted the California Wildlife Protection
Act of 1990, which provides funds to the State of California for grants to local agencies to acquire,
enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection
purposes; and
B. The State Department of Parks and Recreation has been delegated the
responsibility for the administration of the Habitat Conservation Fund (HCF) Program, setting up
necessary procedures governing Project Application under the HCF Program; and
C. Said procedures established by the State Department of Parks and Recreation
require the applicant City to certify by resolution the approval of Application(s) before submission
of said Application(s) to the State; and
D. The City will enter into a Contract with the State of California to complete the
Project(s);
Section 2. The City Council approves the filing of an Application for the Habitat
Conservation Fund Program in the amount of $100,000; and
Section 3. The City Council certifies that:
1. The City has or will have available, prior to commencement of any
work on the Project included in this Application, the required match and
sufficient funds to complete the Project; and
2. The City will have sufficient funds to operate and maintain the
Project(s), and
3. The City has reviewed, understands, and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide;
and
55A-2
Section 4. The City Council delegates authority to the City Manager or the Executive
Director of the Parks, Recreation and Community Services Agency to conduct all negotiations,
execute and submit all documents, including, but not limited to applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
Project.
Section 5. The City Council agrees to comply with all applicable federal, state and local
laws, ordinances, rules, regulations and guidelines.
Adopted this day of
2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN Councilmembers
NOT PRESENT Councilmembers
55A-3
CERTIFICATE OF ATTESTATION & ORIGINALITY
I, PATRICIA E
Resolution No,
Santa Ana on
Date
HEALY, Clerk of the Council, do hereby attest to and certify the attached
2007 - to be the original resolution adopted by the City Council of the City of
Clerk of the Council, City of Santa Ana
55A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
PUBLIC HEARING - RESOLUTION
REVISING THE METERED WATER RATE
AND SEWER SERVICE CHARGE OF THE
CITY
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution revising the metered water rate and sewer service
charge of the City effective September 4, 2007.
DISCUSSION
The City's metered water rate and sewer service charge are adjusted
annually as part of the overall city budget process. These increases are
designed to recover the City's actual cost increases in providing the
water and sewer services, repairs and maintenance of the water and sewer
infrastructure. Additionally, the increased rates will maintain the
City's Capital Improvement Program (CIP) to ensure sufficient water and
sewer capacity. With the increased rates to fund the CIP and maintenance
programs, we will continue to reduce the number of leaks and spills.
Both the water and sewer consumption rates are based on 100 cubic foot
(CCF) units of measurement (approximately 748 gallons). The water rate
has two tiers. The Base Rate includes consumption up to 44 CCF during a
bi-monthly billing period. The typical single family residential
customer consumes approximately 40 CCF during a bi-monthly billing
period. The Tail Block Rate is charged for all water consumed above the
Base Rate allocation. The sewer service charge is a flat charge based on
metered water consumption at a premises.
The current water Base Rate of $1.871 per CCF is proposed to increase to
$2.085. The Tail Block Rate is proposed to increase from $2.249 to
$2.480 per CCF. The Sewer Service Charge is proposed to increase from
$0.188 to $.238 per CCF.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is not considered a CEQA project. Therefore, no
environmental documentation is requ ~ed~
Public Hearing - Resolution Revising the Metered Water Rate and Sewer
Service Charge of the City
September 4, 2007
Page 2
FISCAL IMPACT
The water Base Rate increase of $0.214 per CCF will add $4.28 to the
typical single family monthly water bill of 20 CCF. The typical monthly
sewer bill would increase by $1.00.
~,~ / i.
~° James Ross
E~Cecutive Director
~ublic Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~Gs%~~wC ~f ~t
r~ancisco Gutierrez
f~ Executive Director
Finance & Management Services Agency,
75A-2
Iss8/21l07
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REVISING THE METERED WATER RATE
AND SEWER SERVICE CHARGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby, finds, determines and declares as follows:
A. Santa Ana Municipal Code, Chapter 39, Article II regulates connection to
water mains within the City.
1. Pursuant to Santa Ana Municipal Code section 39.21 the City
Council shall set metered water rates by resolution.
2. The metered water rate shall be set to maintain a potable water
supply and provide standby readiness.
3. It is necessary to increase the metered water rate to reimburse the
City for increases in the direct and indirect costs of water delivery, including purchasing
water from the Metropolitan Water District of Southern California and the Orange County
Water District, Edison power costs, administrative overhead costs, maintaining essential
water delivery and water capital improvement program costs.
B. Santa Ana Municipal Code, Chapter 39, Article III regulates connection to
sewer mains within the City.
1. Pursuant to Santa Ana Municipal Code section 39.55.4 the City
Council shall set reasonable sewerage service fees by resolution. Said fee shall be
used to operate, maintain, repair and replace the City owned sewer system and
facilities.
2. It is necessary to increase the sewer service charge to reimburse
the City for increased costs of repair, replacement and maintenance of the sewer
system and facilities, Edison power costs for sewer lift stations, including increased
materials, labor and overhead costs and sewer capital improvement program costs.
75A-3
T
C. On September 4, 2007, the City Council of the City of Santa Ana held a
noticed public hearing to review the proposed metered water rate and sewer rate
increases. Based upon the testimony, reports and other evidence submitted on these
matters, this City Council makes the above-specified findings.
Section 2: The Metered Water Rate is hereby set as follows:
Service Meter Charge - a fixed bi-monthly charge based on meter size.
Most homes & small businesses have a 5/8" meter.
5/8" meter $ 7.00
1" meter $ 11.00
1.5" meter $ 16.40
2" meter $ 23.40
3" meter $ 46.40
4" meter $116.60
6" meter $280.00
Multifamily Dwelling Unit- $ 4.20
base meter charge
Water Usage Charge -water consumption charge based on units of one-
Hundred cubic feet (750 gallons)
0 - 44 ccf (units) $2.085
Over 44 ccf (units) $2.480
Multifamily Dwelling
0-26 ccf of water per dwelling unit $2.085
Over 27 ccf per dwelling unit $2.480
Section 3: The Sanitary Sewer Charge is hereby set as follows:
Sewer Service Charge
Per unit of water $0.238
Bi-monthly flat charge (un-metered) $9.52
Section 4: If any charge, fee, section, subsection, sentence, clause, phrase or
word of this Resolution is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed and adopted
this Resolution, and each and all provisions hereof, irrespective of the fact that one or
more provisions may be declared invalid.
Section 5: This Resolution shall be operative from and after September 4, 2007.
ADOPTED this day of September, 2007.
7 5A-4
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN
NOT PRESENT
Councilmembers:
Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY,
Resolution No.
the City of Santa Ana on
Date:
Clerk of Council, do hereby attest to and certify the attached
to be the original resolution adopted by the City Council of
Clerk of Council
City of Santa Ana
75A-5
~T, C~ ~~~ ~~~
Jo~2 ~~~ch.~r
Ayyad Ghobrial
7581 Irvine Boulevard - #115
Tustin, cA 9278x3123
July 24, 2007
The Mayor and City Council
City of Santa Ana
20 Civic Center Plaza. - P.O. Box i 964
Santa Ana, CA 92702
~~
,~ v
~v
Sabject: Proposed Increases in City Water and Sewer Service Rates
Honorable Mayor and Members ofthe City Council:
I am responding to the Notice of Public Hearing to be held on September 4, 2007 on the
City's proposed increase in the bi-monthly charges for water and sewer sen+ice. I have
estimated the proposed increase as it applies to my 20 unit property located at 301 South
Birch Street.
Based on the most recent water bill for this property (copy attached}, I calculate that the
charges being proposed can be expected to increase the water bill by at least 11.44%. I
warrt to express my objection to such a high rate of increase in the current economic
climate. My building services those Hispanic famonlies of the community who are not high
earners with the result that I need to operate at the lowest possible monthly rental rate far
my tenants. Iri order to retain these tenants, I can only raise my rents annually by a
margin of not more than about 2 to 3 per cemt. The bi-monthly water bill is the highest
single ongoing expense I incur so an increase of 11.44% represents a very definite
hardship.
I recognize that the municipal costs for providing water and sewer service are, like
everything else, subject to a normal and reasonable increase each year. However,l feel
that such increase should be consistent with recognized annual living costs indices which
are nowhere near 11.44% at this time. Therefore, I respectfiilly request that the Council
reconsider the proposed waxer and sewer rate increases in this light, with a view to
making it more compatible with the overall cost of living. index. -
I wilt not be abhe to attend the Public Hearing in person so t hereby request that this letter
expressing my-objection and request for reconsideration be entered into and made a part
of the Public Hearing record.
Sincerely,
Ghobrial 'l ~l ~~
Attach: Copy of Public Hearing Notice for 301 South Birch Street
Copy of recent bill for 301 Birch St. with my notes inscribed.
75A-6
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Letter of Appeal
To: The City Council of the City of Santa Ana
Re: Fee increase in water usage
I am a customer of the City of Santa Ana Water & Sewage Services. Every month, I regularly
send a check to pay for water usage under the name of a deceased person, who was my uncle.
Because I don't have the ability to pay for a name transfer, I want to tell you so that you
understand our difficulty.
Our household includes two persons. The income for both persons is less than $17,000 a year,
which means it's a lot less than the average income.
I ask for your consideration for this exceptional situation so we can have a level of living
relatively less difficult.
Rant' Angot
5416 Silver Dr.
Santa Ana, CA 92703
Tel: 714-265-5923
75A-7
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Mr. Charles Covey _ '
3429 W Sth St. Space 49 --- -- -- ------_ __.__--___--- _.-- . - -_ -__--
Santa Ana, CA 92703-3257
CITY 4F SANTA ANA
PtJt3LiC WORKS AGENCY M-gg
220 S, DAI5Y AVENUI^
P.t~. C30X 198$
SANTA ANA, CA 92702
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pRAAI`i' No, 8535
SAN?A AtVA, CA
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75A-10
NOTICE OF PUBLIC HEARING r I ALL PROPERTY OWNERS AND /OR C:' TONERS OF CITY WATER AND
• SEWER SERVICE
NOTICE lS HEREBY GIVEN that on September 4, 2007 at 6:00 p.m., or as soon as possible thereafter in the Council
Chambers, 22 Civic Center Plaza, Santa Ana, California, the Santa Ana City Council will hold a public hearing to
establish certain fees and charges for water and sewer services furnished by the City for Fiscal Year 2007-2008. The
fees and charges, if, approved by the City Council, will be effective September 4, 2007. A full schedule of fees is
below. Interested persons may appear and be heard on any matter. Written protests by those receiving this notice will
be considered if submitted no later than 5:0.0 pm on the day of the hearing to the Office of the Clerk of the Council,
Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92701. For more information calf (714) 647-5454.
1. THE PROPOSED INCREASE IN CHARGE:
Water Usage Charge Sanitary Sewer Charge
Base Rate Increase $0.2015 per CCF* Per Water Unit Used Increase $0.05 per CCF*
Tail Block Rate Increase $0.2193 per CCF* Unmetered Increase $2.00 bi-monthly
* Water rates are measured on 1.00 cubic feet (CCF) units (approx. 748 gallons.) The Base Rate is for the first 44 CCF
(26 CCF per unit for multi-family properties) used in a bi-monthly billing period. The Tail Block Rate for afl water used
in excess of the base rate limit. Water rates are composed of a service meter charge and a water usage charge.
Only the Water Usage Charge component of water fees is proposed to be increased as shown on the chart. The
sanitary sewer service fee is charged based on water consumption used at a premise.
2. BASIS UPON WHICH THE AMOUNT OF THE PROPOSED CHANGE IS CALCULATED
Water Usage Charge Increase
$0.1143 per CCF for the base water rate for increased costs for direct water operations.
$0.1321 per CCF for water tail block rate for increased costs for direct water operations.
$0.0872 per CCF to recover increased indirect costs necessary to the provision of water and sewer services-
applicable to base rate and tail block rate.
Sewer Charge Increase
$0.05 per CCF for cost of living increase (CPI) for direct sewer operations.
3. THE REASON FOR THE INCREASED CHARGE
These charge increases are designed to recover the City's actual increased costs in providing the water and sewer
services, including repair and maintenance of the water and sewer infrastructure. The typical monthly water bill of 20
units would increase by $4.28. The typical monthly sewer bill would increase by $1.00.
Proposed Water Service
9/4/07
5/8" meter $7.00 $7.00
1" meter $11.00 $11.00
1.5" meter $16.40 $16.40
2" meter $23.40 $23.40
3" meter $46.40 $46.40
4" meter $116.60 $116.60
6" meter $280.00 $280.00
base meter
Unit -
0 - 44 ccf units * $1.871 $2.085
Over 45 ccf units * $2.249 $2.480
0-26 ccf of water per
dwellin unit" $1.871 $2.085
Over 27 ccf per dwellin unit" $2.249 $2.480
Per unit of water $0.188 $0.238
Bi-monthly flat charge un-metered) $7.520 $9.520
* Proposed rates inGude $.0121 per ccf automatic pass-through for
commodity increases for water and electrical costs.
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3ose Santamax-ia
813 E. Borchard Ave.
Santa Ana, CA 92707
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City of Santa Ana
Department of Water and Power
220 S. Daisy Ave.
P.O. Box 19$8
Santa Ana, CA 92702
To whom it may concern:
In regards to the notice of water and wastewater rate adjustment, it is our position
and best interest to protest to these chances for economic reasons. We will not be
able to afford such a drastic change, and may certainly cause hardship. Please take
this in consideration.
Cordially,
Jose and 1~/Iaria Cai~tarnai-ia
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75A-13
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__ __._ _.______ _ Santa Ana, CA 92707 ._-_
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75A-14 •
G ~/ A R Y ,~"--° Date:
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~~ OAL ATIANS 6:14 Message by:
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"Let not mercy and truth forsake you; bind them around
your neck, write them on the tab/et of your heart. "
Proverbs 3:3
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75A-16
REQUEST FOR COUNCIL/
AGENCY ACTION
MEETING DATE:
SEPTEMBER 4, 2007
TITLE:
APPROPRIATION ADJUSTMENT - AGREEMENT FOR
ACQUISITION OF REAL PROPERTY AND ESCROW
INSTRUCTIONS FOR 4809 W. EDINGER, 1029
MCLEAN, and 4010, 4018, 4106, 4110 W.
MCFADDEN
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CITY MANAGER E CUTIVE ECTOR
RECOMMENDED ACTION
CITY COUNCIL
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment recognizing $2,175,000 in Sale
of Land proceeds and prior year unanticipated revenues of
$3,250,000 in the Low and Moderate Income Housing Fund.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a purchase agreement and
escrow instructions for the real property located at 4809 W.
Edinger, 1029 McLean, and 4010, 4018, 4106, and 4110 W. McFadden.
COMMUNITY REDEVELOPMENT AGENCY
Authorize the Executive Director of the Community Redevelopment Agency
to execute a purchase agreement and escrow instructions from the City of
Santa Ana for the real property located at 4809 W. Edinger, 1029 McLean,
and 4010, 4018, 4106, and 4110 W. McFadden for $2,175,000 plus normal
closing costs and escrow fees.
DISCUSSION
During the course of its regular activities, the City of Santa Ana
Public Works Agency has purchased a number of properties throughout the
City. Some of these properties are no longer required by the Public
Works Agency and are suitable for residential development. Under the
80A-1
AA - Acquisition Agreement and
Escrow Instructions
September 4, 2007
Page 2
proposed purchase agreement, the surplus City properties located at 4809
W. Edinger (Exhibit 1), 1029 McLean (Exhibit 2) and 4010, 4018, 4106,
and 4110 W. McFadden (Exhibit 3) will be sold to the Community
Redevelopment Agency. Pursuant to section 2-709 of the Santa Ana
Municipal Code, the standard provisions regarding the sale of surplus
real property by the City do not apply to any sale of such property made
to any city, county, state or federal government or any political
subdivision of them. The properties are all currently vacant land and
are being sold to the Agency for the appraised fair market value.
The Agency had anticipated purchasing these properties and had included
them in the recent Infill Development Request for Qualifications. Staff
is currently negotiating a Disposition and Development Agreement for
these and other properties. The long-term affordability of these new
homes will be insured by forty-five year covenants requiring their
continued occupancy by low- and moderate-income households. Development
of these properties will assist the City and Agency to meet their
affordable housing goals as identified in the Consolidated Plan,
Redevelopment Implementation Plan and Housing Element.
ENVIRONMENTAL COMPLIANCE
In accordance with the California Environmental Quality Act, this
project is exempt from further review. Categorical Exemption ER No.
2007-111 will be filed for this project.
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be available
in the Low and Moderate Income Housing Fund, Infill New Construction
account (account no. 507-936-6611, project no. 7141). Proceeds from the
sale of the property to the Community Redevelopment Agency in the amount
of $2,175,000 will be deposited in the Capital Outlay Fund revenue
account (account no. 051-01-5721).
APPROVED AS TO FUNDS AND ACCOUNTS:
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Shelly ndry-Ba e Francisco Gutierrez ~,J
Housing Manager ~~Executive Director
Community Development Agency Finance & Management Services Agency
SGH/SLB/mlr
H:\ACTION ITEMS\COUNCIL\2007 CC\JT CC-CRA AA-AgreeACqui EdingerMCleanMCFadden 9-4-07 (2).doc
80A-2
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Santa Ana City limits AVENUE
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Exhibit 2
80A-4
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B - 4106 West McFadden Avenue
Q C - 4110 West McFadden Avenue
Exhibit 3
80A-5
MC FADDEN AVENUE
80A-