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HomeMy WebLinkAbout FULL PACKET_2007-08-06ORDINANCE 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 11 A-1 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 11 A-2 (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 11 A-3 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 11 A-4 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 that are, prior to application, in violation of Chapter 8 of this Code; must be brought into compliance before issuance of a special use permit, unless a different time frame is specified in the conditions of approval of said permit. Issuance of a positive report pursuant to section 41-1804(b)(7) of this Code shall be deemed to constitute compliance with this section. 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) provision of off-street parking spaces (both number of spaces and compliance with other parking standards), (2) sound transmission, (3) energy efficiency, (4) open space, (5) setbacks, (6) adopted design guidelines, and Ordinance No. NS-xxxx Page 5 of 11 11 A-5 (7) 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 performed 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 11 A-6 (9) 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. 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. Ordinance No. NS-xxxx Page 7 of 11 11 A-7 Sec. 41-1807. 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. Sec. 41-1808. 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. 41-1809. 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: Sec. 34-301. Purpose. The purpose of these provisions is to establish standards for the development of common interest developments; to establish standards for the conversion of buildings, including rental Ordinance No. NS-xxxx Page S of 11 11 A-8 apartment buildings, into common interest developments; to protect the public from the potential blighting effects of deteriorated or undercapitalized conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to 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. 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: 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. Ordinance No. NS-xxxx Page 9 of 11 11 A-9 Section 7. The City Council, may adopt by resolution, from time to time, 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. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11A-10 2007. Miguel A. Pulido Mayor Ordinance No. NS-xxxx Page 10 of 11 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 11A-11 11A-12 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA Approving AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2004-158 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO ALLOW TRANSIENT/RESIDENTIAL HOTEL USES WITH A CONDITIONAL USE PERMIT (ZOA NO. 2007-02) 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 North Harbor Specific Plan (SP2) was created in June 20, 1994. B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration, Environmental Review No. 2004-158, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts 11 B-1 of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which allows transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. All provisions of the North Harbor Specific Plan (SP2), 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 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 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 11 B-2 ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto 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 the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B-3 • Florist shops • Fumi[ure stores • Grocery stores • Home improvement stores • Jewelry stores • Office, business machine and computer stores • Pet shops and supplies • Specialty retail stores • Sporting goods stores • Variety stores • Other uses of a similar operation or nature 2. Offices, including: • Administrative services • Business services • Design, architectural or planning services • Financial institutions • Medical and dental offices • Professional services • Veterinary offices • Other uses of a similar operation or nature Adjacent parcels under the same ownership shall be combined and developed under one site plan or other development permit. 3.5.4 Special Requirements 1. The following items shall be screened from view from any arterial or collector street: • Loading docks, service bays, garage doors, and loading areas • Utility meters • Mechanical equipment • Trash storage 2. The design of all development within the General Commercial District shall be such [hat significant building azchitectural and landscape elements are present on all building elevations. 3.5.5 DESIGN STANDARDS Refer to Chapters 5 and 6 for Design and Development Standards. 3.Cinema (indoor) excluding "adult-only" 4.Public facilities and offices 3.6 ENTERTAINMENT 3.5.2 Conditionally Permitted Uses The Entertainment District is intended to provide an The following uses may be permitted subject to the area along Harbor Boulevard specifically set aside for issuance of a conditional use permit pursuant [o the private, profit-making recreation and family Santa Ana Municipal Code: entertainment activities such as restaurants, skating rinks, [heaters, or night clubs. Development in this 1. Drive-through facilities whether part of district should be well integrated with Santa Anita Park another permitted use, a conditionally with shared access where possible and integrated permitted use, or as a separate facility pedestrian circulation. 2. Parking stmctures 3. Service and/or gasoline stations TMs land use designation is concentrated in the mid 4. Restaurants and other eating establishment, block area between First Street and McFadden Avenue including take-out, but not including drive- and forms the central focus for the General tluough facilities Commercial zone. Typical ]and uses within this zone 5. Public dance halls and public dance places include restaurants, theaters, movie theaters, health with or without a cover change leisure clubs, nigh[ clubs, community centers, urban 6. Transient/residential hotels as defined in open space including outdoor display and Section 41-139 of the Santa Ana Municipal entertainment areas, and other leisure activities. Code 3.6.1 Uses Permitted 3.5.3 Minimum Lot Size and Dimensions 1. Health clubs The minimum size of any development proposal shall 2. Ice skating and roller skating rinks be 15,000 gross square feet. The minimum lo[ frontage 3. Miniature golf courses and driving ranges shall be 120 feet on a public right-of--way. 4. Batting cages 5. Cinema (indoor) excluding "adult-only" Separately-owned units of real property may be 6. Museums and other publicly or not-for- deemed asingle lot for the purpose of this section if profit operated cultural or similar they are subject to conditions, covenants and institutions restrictions, and reciprocal easements of access [hat 7. Live theater provide for unified responsibility for vehicle access, parking, landscaping and signage. Exhibit A 11 B-4 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Henneeen Date: Julv 10, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS Y In V1t C~ OLV1 G~'{Y~'YLNT ~2Y~~~\C.P.S ~8h(~. The requests your consent to estroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-1 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES (July 2007) RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES ACCOUNTS PAYABLE Cash Requirement (AP 50) Lists paid invoices by vendor. June 2004 and prior P.O. when item & vendor known. Petty Cash Receipts Request for Council Recognition: proclamations and certificates June 2005 and prior identified goodslitems Travel Reqguest and Expense Report Self-explanatory une 2005 and prior PREPARED BY: 7ltol0, S ron Henne en Date Administrative Services Manager Purchasing Division CONSENT BY: Date RECORDS DESTROYED: Number of Boxes APPROVED BY: oseph Fletcher Dad City Attorney 19C-2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: July 25, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. .`~ ._ f /,,rte, ~_ 1 ' t, 19C-3 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave July 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 July 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 July 18, 2007, listing personnel files to be purged/digitally imaged. PREPARED BY: ,. ~y~„1 ~,~ ~~~~ ~ ~ _ ~~ ~w Michael S. Ernandes Date Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: 7, nrigve Iva Date Execu ' ire t Perso el Services Department APPROVED BY: Date City Attorney 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment forms July 2002 and prior FORMS (OFFICIAL) Flexible Enrollment forms for flexible spending July 2002 and prior Spending, program. Section 125 Life Insurance Employee life insurance enrollment forms July 2002 and prior Long-Term Employee Long-Term Disability Insurance July 2002 and prior Disability enrollment forms Insurance Medical Employee medical insurance enrollment July 2002 and prior Insurance forms EQUAL Employment and Personnel and employment records, July 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 July 2002 and prior termination OFFICIAL Certification/ Request for Certification and/or July 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 July 2002 and prior Training completion date of training class(es). Commendation Letters of commendation and/or other July 2002 and prior Letters congratulatory documents received by and/or issued to EE. Disciplinary Memorandums, letters, or other records of July 2002 and prior Actions proposed and/or implemented disciplinary _._ action(s). Doctor's Notes/ Notes/medical release forms, etc., submitted July 2002 and prior Medical regarding employee's medical condition. Releases Drug Screen Pre-placement and drug screening July 2002 and prior Test authorization and acknowledgement form(s) and results of drug screening. 19C-5 PERSONNEL SERVICES DEPARTMENT RECORD RECORD -- RECORD _ RECORD CATEGORY SERIES __ __ DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class July 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 July 2002 and prior __ any) for hired employees. Medical Leave of Leave of Absence forms used in the July 2002 and prior Absences** documentation of medical leave (including pregnancy leave and Family and Medical Leave). Miscellaneous Documents not specifically mentioned but July 2002 and prior Documents kept in official personnel file. Notice of Form completed by employee and/or July 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 July 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 July 2002 and prior Employment employee to be engaged in outside __ employment. Performance Employee performance evaluation forms July 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 July 2002 and prior Enrollment Employees' Retirement System (PERS) Pre-Employment Forms completed by employee and medical July 2002 and prior Medical clinic to assess physical capability of employee prior to hiring. Security Check Form completed by Personnel Svcs to July 2002 and prior Form request Police Dept to conduct security check on employee prior to hiring. Special Licenses Special licenses issued to employees from July 2002 and prior DMV, accredited schools, etc., verifying employee meets certain job-related requirements. Tuition Copies of applications for training and July 2002 and prior Reimbursement educational assistance which show EE Request request, department head approval, and final disposition of request. 19C-6 on C. y1 I--1 b U Q m b O 0 m O r O O N 00 T ti 0 v d N Lr ~ N Q p ~ Oti ~ ~ GGG _ ~ ^ n ~ ~ ~ ~a y as N . ti Q {:-+ ~ W ~, ~" °" 4j F4 F ~ ~ w ~ w ^ ' W ~, Q w O O O P/" O •-' O ~ O ~ N p y O G C O C O G O C' O :-. C O O C O C ~ q b iC ~ iC ^ h v. ~c :~ ~ ctl ti N C 'a ~y ^ O ~ N O ~y ,~ w ~ Ri N `~ O ~ ~ ~ ~ ~ ti ~ c^V N N cCd ~ ~ y^N O ~ N ~ N 0 N N W N ! m y ~ ~ ~ b0 N A 'D 09 ~ ~ ~ b0 N ~ O Y ~ . ~ bA O cd 'O . ~' t ti. ~ N C m ~~ bA N OA N W N b9 N (~ b OD N .I .y ~ ~~ a x x x Q a g x .~. x o x c~ o' ve x .-~ o' v~ w x A O~ x x x r~ 5 x w ce p N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N N N N N a0.. ate. N ~y Q '-' ~--~ ~ vl O .~ ~ ~ N --+ ~ o0 N ~ O ~ ~ h N ~ 00 N ~ V't O .-• N .-. M ~ N O ~ W O ~ Q1 ~ b N m ~--~ .. O ~ ~ N ~ W O M N oo N O M ~ ~n .-~ O ~ N ~ O .-• O O O N O ~ O O ~ N O a ~ ~ ~ 0 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 r 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ ~ 0 F F H F H F H F F F F F H H F F F F H F h F [--~ F F F F H H F F F F wa a a a a, a s. w a w a w w a a w a a. a. w a w a a w a w a. w a w a. V Q rNi I...1 ` N ~ ~ 1. O ~ ~ _ ~ H I--1 Ir ~ ~ a GJ 1 I~ a ~~- Q li"~1 C a "i ~ b p ~ 'ti ~ ctl d N y y w ~ 'b P x a> v s. a'"i b ~ b N N y 'd v w ~' c~e C W ~ v~ b a~i b id a~i .d c~i ^ O N O _N ~ U ~ ~ N N ttl O . y V . ~ N N Ctl N 0.i ~ ~ pp ttl N O N U y~ W ri y-~ W i+ O cC O ~ U G ctl ctl^^ ~ .a U U O w, ~ .G r-1 ~ o O y ~ .-1 C7 ~ ,~ p ~ ~ w O ~i a n; °~ ~ N , ~ ~ ~ ~ a. O ~ ~ ~ a ~ F ~ ~ C ~ °~° ~ ~ .~ ~ a c a, a x ~ . a U ~ . .~ . N ro 5n ~ kn o ~ o w o o ~ ~ W `~ kn v ., o °J ~ ~ W `° 5u ~ ~ . N ~, °' ° `° 5u g ~; y ~ 0 ~ o °~ o ~ U ~ ~n ~ ctl O O v N 'C N p ~ ^ Q 7 N r0 ~ ~ O P ~ O ~ N . Rf N h y .O O ~~., C O U Pr P-i ~ v] F ~ ~l , w W 0.l ~ U N 0., W } . Fi ~ l U 0.. Pr Q ~.. ~ Q ~ Pr GL W a i ~ ti Pr i r/) v ~ O ~ p 1~ V b M N ~O a\ O r O o0 O ~ ~ M V O vt ~ 7 N M ~ vi ~ ~ O\ O 7 O a, M N ~ O M .--~ N D\ '. D1 O Vl M ~ M V V o0 ~ ~ M M ~ O ~ ~ N N O' N ~ M r N ~ W ~ l~ h . ~ ~ 01 . O O N O N O O M D\ O O ~ O O O M N ~ ~ 01 0 O 0 d ~ z O O O O 0 0 0 0 0 W 0 0 N M N ~ ~ ~ U ~ C _ Z ~ U 7 ~ ~ ~ ~ ~ C O O ro > ~ ~" N 'd 'b ro ~~. ~, • -, N ~ ~ O v 0 `d ,t ~ O ~ O O ~ c d ro ~ ~ b ~ N a i ~ 5 C ~ ~ ~ ro ~ v ~ . ~ C ~ ~ ¢ x i a ~ 7 ` ~ O ~ ~ ' V ~ c e ~ _ ' ' ~ w W .-. W x x U . : Q ~ ?' 0., Q (~ d W . -, . -i C7 W U . y r ~ ~ ~ W Q Q ~ ~ A 7 P. N c~a 7 b cC cd .C O O ~ <a 'O ~ T ~tl a. N C ~d W N ~ N' 7 v' cO! 'C ro v~ a~ U r . ~ ~ N ~ a a ?4 ~ N N G ~ O E-~ ~ a ¢~' T d O m U N U c d U ~~ F U c~O vi ~ O O R cd N N N O ro ~ ~ ~ N ~ ~ O ~ ~ ~ N N . `~ W w ~ x x x x .a ~l a .-~ a ~ ~ O O O w ~ c~ 19C-7 ~ a . ~ ¢ a w ~, p o C G C C C C C g q C O O p O O O O o o O O O O F ~ h N W N a ~. ~ Q b pq N b^q N b0 N '~ ~ N ~ N b.0 N bD N bL N W N b0 N Ri j _ '~ x x w ~ x x x a x x x x x x x ~ a p N N N N N N N N N N N N N N N N ~ O O O O O O O O O O O O O O O O ~y Q ^~ O l~ N ~ O M N O ~ O M r O W N oo N ~n O ~n N o0 N .-. O b O N N ~ ~ ~ r b ~ ~ r ~ b ~ r ~ b n n n ~ O O O O O O O O O O O O O O O O F H F F F F F F F H H [-~ F F F F F H H wa. a a. a. w w w w a w a a a a a a w a ~ ~ c ..! .. g ~ ~ F". ~ ~ ~ ~ ~ b d ~ ~ ~ p v~ ^ N ~ ~y p b ~ .y N ~ ~ ~ ~ ~ a"i q y a'"i ai C ~ ~ c~ jy ~ ~ ~a ~+ .. ` is a C w p-' w .~ ~ D a ~ .~ V a ~ G .~ ~y ~ OA O R O i ~ W ~' m ~n o ' b ro ~ ~o m ~ ~ ~ . o ., U ^ ~. .. ~ ~ p U a ~ a. a a. a a a a U v~ a r~ v~ w w N N p ~ ~ O ~ ~ ~ ~ O ~ ~ ~ ~ m ~ ~ p N N ~ ~ W M .~ ~ N 0 O1 0 0 N 0 ~ O z 0 0 0 0 0 0 0 ~ ~ ~ p~ w ~ U O ~. O N ~ ~ M ~ ~ ~i T 7. ^ p 'D ro W p v cd p N ro A Z ~ N 7 ?` ~ ~ ~ ~ ~ w ~ ^ p ~ ti ~ ~ ~ . , ti X ~ n M Q p W ~ H V z T ~ ' ` ~ w 0. . i J . l ~i .G d b 7 p a 0..i p m Z y a. y G O ~ ~ p N ~`~. p 'O ~' . . ~ N ~ bq N O N ~ ~ ~ y ~ 7 ~ p N N O ~ c d ~ ro p ~ p T ~ c C h a x x x z a x ~ ~ H H ~ H > > 3 3 19C-8 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/ July 2004 and prior Materials implementation of recruitments. Bilingual Forms certifying bilingual capabilities for July 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 July 2004 and prior recruitment time, akept for outreach _ purposes. Examinaton Examination answer sheets completed by July 2004 and prior Answer Sheets applicants during testing process and other testing materials. Official Eligible Eligible lists signed by City Manager. Lists of July 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 July 18, 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 Iva Date Execu ' ire to Personnel Se es Department APPROVED BY: ;, r 4 .C.G .-L ,ltyse Fletcher Date ~~City Attorney ~~~`7 ~~ ,~ 19C-9 r. C N J N 7 N L U C 0 U 7 N 0 U '~ O U N N N O N 0 0 N _a 7 0 c a~ E L U c0 Q ~~ m~ 0 , 0 , 0 , 0 , 0 , 0 , 0 W P M I~ V N W V' 0 0 0 0 .- N ~'- N N W ~ M ~ M ~ M M ~ ~ ~ ~ ~ M (p 0 0 0 0 0 O O ~ N J V V V V V V V ~ 0 0 0 0 0 0 0 ~ N O I~ V V O o U ~ v N n O n ~ v ~ co ~ cfl O co 0 0 0 0 0 0 0 v v v c v v c ~ 0 0 0 0 0 0 0 O N \ M \ O \ M \ \ r \ ~ 1 r N N M N N N 0 0 0 0 0 0 0 U N C X ,,, W N_ N m E O N U (0 N 7 (n C ._. m d .-. tq .~ - ~ O N (n ~ O ~ m U N U_ O U C C N U C ~ N N M g ~ Z N ~ ~ E c O 0) ~ N ~ ,N N N U O ~ (6 U .C C O .U Q N Il O d U N O C C O N p Y ~Q Q ~ i d d n U ~ c m ~ c ~ N ~- D ~ V V V V V V V m E o 0 0 0 0 0 0 O O O N cD M ~ ~ I~ N H m Z u7 u7 u7 V (O u7 M 19C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2007 _, ~~ ~~~ CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of June 30, 2007. 19D-1 QUARTERLY REPORT OF INVESTMENTS August 6, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19 D-2 CITY OF SANTA ANA TREASURER'S REPORT as of June 30, 2007 EXHIBIT 1 19D-3 w C d C ~ R Q ~ ~ O C C 7 N R N to p" fn ~ ~ M O ~ .O c M O L 7 U yL ~ o n. a FU 9 ?' O rv E 0 f O _~ 6 o ~ m q N N~~ m N I N N b M< b N ~ N g °o Q l m N ~ n m~ ~ & I ro N O ~ N e T nm'l, nb') th T O p O N T O f0 O O OO f~ b I~ b O b b O b O b p< p ~ O ~ m W H m b v o m O rn V ~ n ~ N 1~ b M ~ N Ol M ~ O Q N N 8 I N o N A P O N m N A m A N ~ rv b o b in o m ~n m N N ~ q N O O ( 7 O ~ ~ ( p N O p y f0 m b ~ ~ ly ~ o m ~ ~ ~ a m v i_ m n r b t7 o V Q n m ^ m N N N N ~'YJ L O O ~ O O O N V n ; p p p p b 0 0 b p S O QQ N ~ N v i o b o o E ~ m V 1~ O ~ O f0 T N _ a ~ m b n ~ o e ^ V ~ b ~ti ~ ~ O yy N N N N C d d C N y y ~ C 'C °c U ~ LL Q N aci ,~ c ~ ~ o E g i $ E' cg A a < c c ° .~! 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C L C J ~ y °S ~ _ E b c m m E d~ m ~ C ~ « Y n U c Z m o ;? ~ c m ' ~' °~ o a o a ~ c C N m i° m g~ a w ~ n ' m«_~E t d w _mU °~ O a U Q W ~« a U U c Q E ro U c LL N U ~,°~ O n > o z o rc 8 E ~ O N a s h a a N A z O N `n K z° O 0 Q N O N O n a c 0 S .~ n a ° N C z' w C Cd C C Q _C LL O w ~ ~ 0 = d N R p w O (n p C M r.. d ~ C O w J H N U O ~ a- C 7 LL 0 F O N U~ ~~ U~ r CE 7 U m A b A f A a O d d U ~ a' ;i ~i A A N O (~ V~ O O O O O N b A Y I I N N N N N t 0 M M 1(1 b N b b 1M1 I i 3~I? ~ W O d S N th [~ A ~ `~ e r ° M $ ~ d o ~ m 0 o R 0 o a m 0 a N V 9 C C J ~ LL LL Cd Cd 8 8 C T T m amI Q 6 N J J a ~ ~ LL ~ U U ~ LL LL E 5 5 N c u j F LL LL 5 5 . . < 3 3 ' i ' £ J s? _ S S g O O °o S 0 0 of ni S tA0 ~ N rn N N O O W O M W ~ Ln O O O W ~ O (O N O y N r M ~ b N ~ W ~ tp I` V M M N M b I~ W T T N W W A aJ W A Of W W c0 O T h 1~ O O O O O 0 0 0 S S O O O O S 0 0 0 0 0 0 0 0 N O O O N N N\ N N~ N N N O O O O O O ~ N N N N N O O N N l~ ` O O+ ~ b h b f0 O O I~ (~ t0 ' Of O O N O O N N f`I ~V N O N N _ 1~ M A N r W (~ e b b $ r (~ (O C O (~ O O O O O O O 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o a r b o 0 o b b m M o b m 0 C V1 O h b i(l 1` < N O O W b b f b 10 b I~ N V O C O N M N O f0 1` O A A b M RI H In b N M C] N N M M V M CI N V M M V M ^l I M b vl N [7 M~ N M M t0~1 O M N m M M 'O b 1[1 n N V O O N 100 N N 0~ fp O O ~ r N M M In b b V? M O O < V M M N V C M V' ~ r O S O O O O O S O O O O O O O S S O 0 A p p t 0 N ~ N~ N W tMO V~~ p p V N d O y y V fm0 i+I W V01 W ° g h O W VI b N N W N N Of 0 T V] N N e rn S rn m o m ~ m ~i m m v rn e rn gi m m M Nl N ~ ~ ~ r r N O O O e ;I~ ,. b h T n A r m p_ N ~ S `8 a N N OI a N O U Z C LL d K Y C F m U N 0 U a N (°O b o 0 s a A .~ ~ E ~ E o r°1 U o 0 qN N 0 O a N O O O O O O O O O O O O O O O O O O O o Oo o Oo O O O O ooO o Oo o Oo O O O O O o Oo O O O p Op O~ S O o O~ O O O S O S O O p O O O O O S S~ 0 100_ O O O S i0(I O N O O O S ~- N N N ~ ~ ~ ~ ~- e- ~ ~ ~ ~ ~ ~- M S 8 O O O S O N m h O O O S O O 8 O O N S 8 0 0 0 001 O O (O O m O O M N O O (WO O m °o °o S rn° rn rn °o ~i °o °o m m °o °o rn S m o 0 0 o g v o o rn o .n m v o 0 0 0 N N N '- r r ~ ~ ~ ~ t6 $ o 0 0 0 0 0 0 0 0$$$$$$$ o O O O O O O O O O O O O O O O O O O N N N ~V N N N N N N N N N N N N N N 0 o m ~ b r b m o o ~ m~ M o rn N O O N N f` N N O N O O a 8 8 o S o~ o 0 o s S o g a ~ a a C Yry ry C C ry C yry ry C C C C Yry Yry C C C C yry C m m m m_ 0 m m m m m 0 m m m m m m m q ~~ d$ B a o 0 o B o o S o o B o a U U U U U J J J J J J J J J J J J J J ~~ E d d m d d d d d d m d d d m E d F€€ o 0 0 o a o o a o o a o 0 0 Q LL LL LL LL O LV I` N N N ~0 N d N N N N F N N N N N C 9 9 d p d C d a 99 d pp d a V a a ''ppd 99 d y V a vv d d d N 41 d~ d m d d d d d N d d d 0 d m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N d .? a W (' 01 1p O Ol b ~ ~ ~ W O b W N N b N T ~ 10 ~O~ppf A N A O ~ 0 N O M b W ~~++11 M b Ir C O 0 0 0 O S O 0 0 0 0 0~" 0 0 0$ a E J U ~' a c 10 a O n A 01 O W A O N b O A 2 N M N V 1 > >> > I N~ ~ H a >} 5 X X$~ v b ~~ rn N S X X X y W m rn i 5( m m X X X X m X X X X 6 M CY m m M M M M M M M M ~0 ~+1 M M M M a } ~ M M M_ M_ M_ ' f M M M M M (7 f7 f' M M K~ ~ _~ M M M M M M m !v !+1 C''1 fh n M M M m !+1 aaN In U N ,~ ~ y tl ~ ~ K r O ~ ~ E ~ d N K LL s O N O~ M M I~ m M n r M M M h O M N Q rn N h O+ m M N OI m O (D O O rn m m Q Q a N O m ~'C y N~ mm y ry m ~ t00 t00 Q ~~ ~ ~~ M N N m V (O ~ M Cl ~ r ~ N m N O~ N ~ N N rn T m U) U rv vi ~ T B " ~- ~ ~ ~- r O a ~ " a c f > o m r rn m m r m n r rn n rn m o m n m .- r r m m ~ m o o o m m n a m o 0 0 0 0 o 0 0 0 ~' '- v t o 8 ' $ g g g g g ~ o 0 0 0 0$ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL ~ N N N N N N ~1 N N N N N N N N N~ $ V N N N N N N N ~' N N N N N N ~ ~ LL' O q \ e~~ ~pp e c V N N~~ O O N N O O O O O O r ~~ n ~ O N N m N ~ 0~ 0 0 n' O g L O N 0 ~ (~ (~ O~ O O f~J (~ r Owl (~ f~ a T M (~ n< (~ rn ~ T a V N ~~ M M O Nl M X 0 0 0 X 0 0 0 0 0 0 O O O 0 0 0 LL ~ 0 O O O O LL ~ V b Q N N O~ N O S S n N N YOJ S O N O N N Ornl rn N' T O y N N S V O O O N a ~ M m tD Yl N N N N N O N N N M M N N N N N N N m N N N m m m M LL Q N N N 10 U] N N N VI m YI N Yl N I(1 N N N m N m Y l N N N N N N M Q m N V b {{ pp N p n N O MA N N N O n`~ O f0~1 < M~ O ~' n N N ~ M A N ' Q~ p r N r V N N N Q N O O N N N N Y Q 1A N m N m N N m N N YJ N N N N N N N 10 10 N N N N I[I m N M Q Il m l 10 m ~ p p p p O 1!) O O O O O O O N YOI N W O N O 1l1 N O O YOI O O O 10(I m N O O O O N O YOI N ~ O N O N N N N N N N N N O, N N N N M N N N N N N N N N N m N m N O m N l+I 7 N N It) N N m N m N m Ill m N N N N N m Ill m Ill N m m N N N m N Q Q N Ill U ~ O O O O O S S S O O O O O O S S S S O ~ O O C O S O S S~ S O O O p m N O J p b I~ S o~~ O ~ p ~ p p p p th S N eJ ~ m Ynl M~ d N N tND S O N O~ N p r ONi c ' , y m p ~ p ~ rn rn rn rn ~ rn ~ rn S rn rn rn rn rn rn rn i S S W O O i O i ~ O i T m i ml O i m O f W V ~ V T i O i r T W m O O f O l N O i O i i m m ~ , ~ m N N N ~- N ~- ~- N ~ ~ ~ n1 W r ~ N N N E m O O O S S O O O O O O O O O S S S S O O O O O O O ' J O O S S S O O S o o o o o 8 8 8 8 8 8 O O O O O S O O O O O O O O S S S O O O O S O O S S O O O O O O O a p p o p 8 8 8 ~ p ( J O O S S S O O O O O O O O S S N 0 N O N O O 1~ O O S S O N O O O O C r a- 10 Cl ~ ~ ty '- M N M N N (+I N ~ " ~ ~ ~ CI O ~ N ~ N N e" M M N N ~ y C ~ L n ~ S S °o °o °o °o °o °0 8 S S 8 S °o °o °o °o S S ~°n S S S ° ° ° ° ° ° ° S S S I C o o o o o o o ~ ~ O ~ p p S S S S O pp O O pOi O O O S S 8 N O O O n O O O S S S 8 O O O N O O S S S S S N O O O O O O !~ O O O O N m O rn O O O O O O O O lO O O y O O S O S S O O O O S O S Q m O N O m O S S S O O O rn rn (/) O C M $ l O m N O f. N O O ~ ~ m M ~ ~ t~l ~ N N M N N N N ~ ~ ~ ~ ~ e) G ~- N ~ N N ~ N t7 N O d ' ° E c J H' ~ ~ a~ ~~ "°oosss p ooopoosssoaSoooossoooooooss ^ N N N N ~I N N LV N N N N N~~ N N N N N N ~V N N ~ N N N N N N N N ~ J y y O O~ a~~~ N (O N~~ m~ O O N N O O O m O ~ ~ ~ ~ m (~ C a _ _ _ _ _ (~ m T T O t~ (~ (~ a a a~~ N N N N YI N N M (J M ` ` ~ ~ o 0 0 0 0 0 0 0 0~~~ g~ 0 0 0 0 0 0 0 8 8 0 0 0 LL U U U V m m m m m n N N p1 Y Y Y Y Y Y Y Y Y Y Y Y iOJ i,,. 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E c J f~/l Q m r n m N n n n r n n m n a~ m ~m SSSSSSpS m w r r m m m m o m n n n n n n r SSSSSSSSSSOOSSSSSSSS~S L O N ~1 N~~ N N N E N N N N N N N N N N N N 1 N N N N N N N O+ N N~ W ~ ~ ~ M~ t~ N N N 0 ~ ~ C ~ N ~- N O _ Q > y N t N N N O O O N ~ ~~ O N N N O ~~ N O a M N r t~ f7 yy O O ~ O O O O S 9 ~ (~ OI t7 t"1 [~ ~ Rl Of Of O O r t~J (~ f~O M r 0 0 0 O O O O O O O G C r 0 0 0 0 ~ LL n 'm 0 a y d d a d d 6 0 o d d d d d 6 6 d U U U U U U U U U U U U U U U U d m m d d m d d m m d d m d d m m m C t m m m m a a rn m rn m rn m o m m of rn m m rn d rn rn rn a m rn m c ~ ~ ((~~ uu yy yy ti ff Y Y Y t L Y Y Y Y Y Y t c c ~ ~ Y ~ ~~11 O O O O N N Z y o ss ss p ry ry ry ry 1 qp m CI m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V A f ~ y y 11 ~ Q Q Q Q Q Q Z Z `~ C C C C C C C C C C C C ` B B a m m S c B d m m m m B B m d m d d m rn a J J~~ y~ Y y+ ~ ~G J J J J J J J J J J J J J J J J J J~ YY q V U d m 2 2 2 d d d m m m d d d d m m m m d d d d~ z ' € E E E E E ° 0 o m m m io n m E E E E E E E E E E E E E-- E Z Z Z Z Z Z Q LL Z Z ~ ~ A~ N LO R N A O N m m m LO ~ 10 N m N m LG F F N m N N 1G N F ~ m an d 9 d p 0 V m V N y 9 d N m a d 9 d d m N d 9 d 9 d V d m m m 9 d d p d d m N N m m d d d N 0 m d ry L LL LL L L LL ~ LL LL LL LL LL LL LL LL m LL I LL LL I I LL LL LL LL LL LL IL IL LL LL LL N y ~ m 'C m ~ u E m q y mm N N d 0 n O h ~ y~ N N N N e O N M M r m N N O m > c m m M r $ rn J O N N N m OI O i n c m m r m m m n r r r n n n r n r n r~ m n n c o 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - a ~ o ~ ~ U U C C m N m r~~ 3 J~ J~ M U m ee n N pp~~.. ~ m N NN m m U N ~~ m~~ W Z u~i vNi S m~~ _ Y Y J F F 2 2~ Y J ~~ 2 2 a ~ 4 d d Q X X LL LL LL pi 01 m m~ N~$~~ rn ~i ~i S S~~ S m m ~i m ~i S S N I~ ~m m N N M m+l " ~ ~y ~y ~ m M M ~y m M M M M N N M m' ~ `i ~ m ( M ( ) { y C M M M ~ th (~ CJ m M M ( CI 1 M M M M m m m U LL m m M M M M M M IL J+I [7 J~ = f~ M M m M M M M M M M M M M M M m M a a N o O U U ~ N ~u j O nY ~ ~ n E ~ d m rc a S m O K rn a N L d E .. v N C j 3 C LL n d ~ N p C M d a E c J y' ~ ~ a -` C 3 LL ~~ 0 ~ m m 70 f V ~ ~ N rU ~ Y N mC r ? ~ U m J n d A m A m a 0 mm m L ^ i a' eJ tp tr0 tO W t00 © ^ ' ' ~ ' N N ' I ~ e r ° r r r r r r r r r m r m n' ° ° ° ° ° ° g' o S S S S S S S o o o o o N (V N N N N Z ~ O O N N N N N ~I ~ N O O 3 ~ N ~ V C N y (p OJ O O ~ N YS S o~ o~~ ~~?~ s ~ s 9 0 S 1~ W~ OJ te n 0 W m ' r t 0 r y ' N N M M N M M M M M M N M N C i N N N N h Y) N N i(1 N N N vl N V I N Y l N N !V r y P V N V (O+l aa ~~ ff pp y C N~ N T O r ~ O O N N N N N N Y l N N N N N N N N N h N N h N N N N N N N N N N fV !V O O O O O O~ O O O S~~ I c0 N N N VI N N Y1 V N N N N N N r O O O O S S N O O O O O O O O . . . . at N p p p p O O O O O S O O O O O O O O O ~ 9 (O l ~ V N O n T n b f` S 1~ S N OJ Of ml m Op 1 O ml m) m) V T ml p i ml O1 ~ T O~ T OI N OJ Ol ~ ~ ~ V N N N ~ N I` C A O O O O O O S S S S S S O O O O O O O 0 0 0 0 0 0 O S S S S S O O O O O O O O O O p Q QQ O O O O O O O O S S S O ~ O m E E S~ S o 0 o S o 0 0 0 o m ~ N N ~ ~ ~ N ~ ~ M [h th N th W N m ~ $ ~ n ~ ° m n~ ° ° e e i, m o ~ i m o o ~ O t0 O ~O tG N t0 ro W t~l Oi m~ m co ~ S ml ~ V ~ n o~ ~i rn m m e m c~ ~ m ~' `8 8 m m `B m~~ m ° m rn r m n i , rn i a m . ~ ~ ~ V N N N ~ N Ih mN'` n r r n r r r r r n n r r r m S S S O O S O O S O S S S S W m~i t~V N t~E DVS ~ N ! 1~ N ~ ~ N ~ m O O~ O O O O O O O O O O S C A O a y O O O O O O D O O O O O O O ~~~~<~d~dd~~~a . . . . . . . . . . . . . . A ~ ~ ~ ~ A ~ ~ ~ ~ ~ A z z z z z z z z z z z z z z m m m n~~ m A m m ~ m m~ ~ 9 `m dd `u m m `m `m 99`m pp`m `m V`m `m v LL LL IL LL LL LL 11 IL LL LL IL LL LL _ N m u .~ m u E h ~( y y g,y, e ~ o o~ o 0 0 0 3 o mo' S ri o 0 - O u b Q a m a 1 I N D7 ~ m Y I' ~~ O X F J J gJg J v~O gO ~ R' Z R' LL m m m u`~ u'S vi ~ u"5 WW WW °° ~ ~ n~ n~ m m m m M M n~~ ~_ U LL n n n ~n m m m m m m ~ ~~ m m °' e a o ~ m O a N z V7 0 a N r U ~ ~ m V N F- m O N O N N Vl N N O N N N VI r r N 0 N e m N m a N C m E m C m O f N U ~ g O ~~ o ~' ~ n z o ~ o E ~ a LL~ K 2 N O 0 K N m a N w C d .+ N N ~ ~ C O O ~ L N ~ ~ M a° ~ d ~ C J 3 ~ ~ a v c 3 LL N O v1U~ h ~ a o j ~ o ve 0 0 ~ ° v E ¢ d N LL I K U n m o o o 0 a ~ n o o ~ f o 0 Y U m $ $ f ^ e o c « y y CC v ° ~ m o m a a n o o ai o a ~ ° ° n n n u C O N N > 1 ro W 10 b m t0 O - ~ O O N ~ t0 O g O gl O O m Y r n M m n m m b m b m ~ n n N m m m m m V ~ $~V N N E E 0 a 0 0 o $ $ E m 0 o S ~ ~ , m e A U a O _ m m j H C N m L m N o U C q C m O F U N ry ~p U U 9 m m IL E Q Q c `o `0 4 m Y Y S H m C C ~ m VR1 c wr m m r n E w _ N ~ ~ ~ N ~ r LL N Y C n !` C j L q N ~ ~ O U O e a~ c 19D-9 0 ~~ o a~ N ~~ N f ~ ~ m C d d R U d m d Y R f d r W ' ~ d a N H N ? :% a N . ~ ~ Q '~ ~ d ~ F- o ~ N 8 d) o m W w ~~ 7 ~ C d y 7 ~ N ' O U . 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C m N ui N ~QN o ~> az ~g ~ ~~ a `~ O O a °o 8 0 N F a o f f Y W ~O N ~ r Y Z M 'e :: ~~ U a N d m f v N N a y ~ y Z :; ~ N ~ n j A 2 ~ N o ~ 0] W_ ~'/ ~ d C ~ E ~ 7 N ~ W > N _ C - m m m y ~ ~ U d `m C ~ ~ a - E 0 U i y u ~ E ~L_ y C L C d N 3 r Z fL d d y U H O O N 10 pY yQ N N 0 m e m V V N N 0 0 ~i m M M a a N N O O 05 °m (~ ry 0 0 ~i °m ~ a N q o o 'a c qa V O H c n E 0 U N f E v >N Y m 0 c °m O m ~ o d $ C y O ~ y O yQ N a a N 0 T M a N O gQ d m w 7 Q °c rv m E w m C 0 f V 0 x c .~ Q d V O a A a` m C m N 7 N N C Q E 0 U N H M d 3 z m d N 2 F pi P ~ e N O O O 0 n O d n n ~ b cb ~c m n n M M 0 0 n n n n v 6 ~(I N N N Si ° N (7 M ~ 'm e a N N N N $ ° M ~ ~ io m 6 d M m O q N d M Q o v c w O N ~_ E J a m U N LL a °o U Y ~~~~ T e m b 0 M 0 r e N a M m d N N °m d d yn Q °e m C E h C 9 0 r LO M 0 'o a d R' v a` G N 7 N 1 C A a E 0 V N F C I d N 3 z m d N 2 H i£ o a N q o i o v e N O H H a t` 7 N 0 N LL N 3 0 C m O Y Lm ~ o y o C m o '~ ~ ~ M Q N v n m r M M m d Q c m C E w C 3 r ~ a o_ `~ ~ nc o ttF $ O S K a O K d O N 0 ~n o j ~ ~" ': w a $~ a ~C A ~ u Z C ~ ~ Z C CS m R ~ ~ U ~"' H d Z W N m D -' J F p > _ ~ N S m W C e~+l `"' d d ~ E ~ 7 y ~ W > to C m a _ - ~ N ~ ~ U n :y 0 a v A 0 0 N IV a` :°. c m d N C A a E 0 V N 2 E m N d Z m ui w 2 f 1 n v O q N ~ O Q °o v c m S N C LL E vl L m U r J N H ° i O yO Q m ~ ~ w C N O ~ y ~~ n d q o_ Q $ °e N 9 a N C LL C N E N m ~} V N P Q J N L LL ., m d o E m h v c rn 0 J N A a V a n 0 m 0 M N a n W O 1"1 N O N 0 O m N m N 7 Q c m d E C N O! ro V A d c .~ A :°. c m tll d N 19D-1 C a E 0 U N 2 f E d N d 3 z 00 d N V ~-- 2 ^ fp N a e 0 0 N N oY O N d V M N 1A N m T yN N N r r m N N Y! 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(7 M 0 m N b 0 0 m m ai of m e~ J 0 m m N b m ~ of .+i M {'! ~ ~ m q o a 0 v c 9_m b N r 8 v O m O A ~ oN C m O N ~~ 6 n d O ro OI m N 0 m wi ro ro m b ri W u N Q c rv E c 00 N d 'C d H Of A a` :: C A to 7 N N c m a E U N f V r m 3 z !O d r N F N e e e `r° n n N N N P V V ~ W m m A a N N N N N N N N N b b b m m m of of ei 1~ N N In N N N N N f0 N 10 ~ ro m N N N N N vl N N N N N N ~ e e m O Q Q n ° c °c m w o u a E ~ N N ; c 0 r A r d E Q N d .~ N N O ~ C ~ r O u ~ ~ a` d ~ C N W ~ m ~ } N ~ [~- 3 c a E 0 U N 2 C d N 3 Z f0 d N N N V e < ~ n N N yO d N y< p N N ~ b N N m m N N N N o a N d `o Q o v c m 0 N z d m d O ~~. O G °y U Y n f N y °o C N 0 ~~ 6 in V N b N m N N m A °e m c yE i c 0 r H U ~ Q vi ~" m > ° sz o $ r E ~ O h a 0 0 LL C O 0 0 "s K ~ F ~ ~. A a of A L ~~ R N N M 'c .m. :C U A d N tl `m a H K H y Z d N J _ .D N 8 (G W ~ M F C y d ~ E 7 7 y ~ W > (A C d m _ - m O V ' V a C °1 ~ O m m ~ x ~ m ~ E Q LL a 9 N C fA ~ j U ni 1 ~ d N U N ~ F ~I ~~o o m N q o Q ~ v o ~ rv N r N R N h d N LL C °y u rv ~ o d c ~ O g y b e rm N d w a c w E h Y C O f d N A J Q O 0 N m .~. C A h 7 N N 1 ^ -i - B ~ ~ ~ I B ~~ ~ I a N V VI N eqi o m N ~ 1 o a o ~ rv 0 H N a Z A d f O P ~ LL G m N =y 6 ~ E O U N F ` N o_ d C ~ O 3 > ~ m ~ m y ~ o N N °m c ~ ~ ~ O 9 ~-'~4 H U g ~ Q r ~ m > o gz o ~ $ O ~ ~ a `~ O O ~ K a < o a o m Q pNp 1~1 N a r~ w A Q c rv E a 0 C O f 0 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: FEMA ASSISTANCE TO FIREFIGHTERS GRANT FY 2006 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 1. Authorize the City Manager to accept the FEMA Assistance to Firefighters Grant FY 2006 in the amount of $93,948. 2. Approve an Appropriation Adjustment recognizing the FEMA Assistance to Firefighters Grant FY 2006 funds, a transfer of 3n $23,486 in required "cash match" and appropriate the same into the FEMA Assistance to Firefighters Grant FY 2006 grant expenditure account. DISCUSSION The Santa Ana Fire Department through the Department of Homeland Security, Emergency Preparedness and Response Directorate (FEMA) has been awarded a grant from the Assistance to Firefighters Grant FY 2006 grant program in the amount of $93,948. The grant requires a 20o cash match ($23,486) for grand total of $117,434. The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. The grant funds are being used to continue the Santa Ana Fire Department's efforts in completing the purchase of diesel exhaust removal systems for our fire stations. 20A-1 FEMA Assistance August 6, 2007 Page 2 FISCAL IMPACT to Firefighters Grant FY 2006 Approval of the Appropriation Adjustment will increase revenues in the FEMA Assistance to Firefighters Grant FY 2006 revenue account (account no. 146-O1-5350-8) by $117,434, and appropriate same into the FEMA Assistance to Firefighters Grant FY 2006 Capital Equipment expenditure account (account no. 146-335-6641). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ ~~~~ ~ Steve W. Crit field Francisco Gutierrez ~ ' Interim Fir Chief ~~~xecutive Director Fire Depart ent Finance & Management Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY P '~~C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting $195,276 in the Orange County Transportation Authority Senior Mobility Program revenue accounts (account nos. 169-01-5374 and 169-01-5369-1) and appropriate funds to the Senior Mobility Program expenditure accounts (account nos. 169-255-various and 169-248-6291). DISCUSSION The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the purpose of improving transportation services for seniors in the region. Through the program, the Parks, Recreation and Community Services Agency provides transportation services to Santa Ana seniors to and from our two senior centers and various City events. For FY 2007-2008, the City of Santa Ana will receive $139,307 to continue the operation of three vehicles used for local senior transportation services. As part of the agreement the City of Santa Ana will provide a 20 percent local match, which may consist of in-kind staff resources or other contractual transportation services. Funds for the match are included in the Parka, Recreation and Community Services Agency FY 2007-08 budget. In addition, the City will receive $55,969 from OCTA to support the Vietnamese Community of Orange County's (VNCOC) senior mobility program. The VNCOC will receive $55,969 and provide the 20 percent local match required under the agreement. In turn, VNCOC will provide transportation services for the Vietnamese senior community in Santa Ana. 20B-1 Orange County Transportation Authority August 6, 2007 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Orange County Transportation Authority Senior Mobility Program revenue accounts (account nos. 169-01- 5374 and 169-01-5369-1) and the expenditure appropriations for the Senior Mobility Program (account nos. 169-255-various and 169-248-6291) by $195,276. / 1.~-`LCc~. Gerardo Mouet, Executive Dire for Parks, Recreation and Community Services Agency Approved as to Funds and Account: Francisco utierrez, /n Executive Director ,/(7 Finance & Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT RENEWAL FOR ASPHALT CONCRETE MATERIALS (SPEC. NO. OS-066) C~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vulcan Materials Co. for asphalt concrete materials for a one-year period in an annual amount not to exceed $90,000. DISCUSSION The Public Works Agency (PWA) performs a variety of maintenance and repairs to the City's water and sewer systems. Tasks include mainline leak repairs to the city's 450-mile water main system, repairs and/or replacements of the 47,000 water services, and repairs and/or replacements of the estimated 44,000 sewer laterals. As such, trench cuts are required in order to perform these repairs. The PWA Water Resources Division requires temporary asphalt concrete mix to perform trench repairs in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Maintenance Services Division. On July 18, 2005, the City Council awarded a contract to Vulcan Materials Co., a Santa Ana vendor, for a one-year period with provision for three, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a seven percent increase due to the rising costs of petroleum-based products. In addition, Vulcan Materials Co. can only offer fixed contract pricing for six months. The vendor is also requesting a $1.00 increase on all contract items, following the initial six-month contract term. Staff verified that the price increase is consistent with the market and that Vulcan continues to offer the best price to the City. The vendor has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 22A-1 Contract Renewal for Asphalt Concrete Materials August 6, 2006 Page 2 FISCAL IMPACT Funds are available in the various departmental accounts 6391). The amount of the contract is estimated, as the actual will depend upon the requirements throughout the annual period. Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/05-066.2:uc (object code expenditures 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR TRASH CAN LINERS (SPEC. NO. 07-041) ~~~~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bids from Green Concept Production, Inc., E Poly Star, and Unipak Corporation as nonresponsive to the specification. 2. Award a contract to Gale Supply Company for trash can liners for a one-year period with provision for three, one-year renewals in an annual amount not to exceed $39,985. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides plastic trash can liners to various departments throughout the City. The contract for plastic trash can liners is designed to provide quality products at significant savings based on quantity pricing. 11 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 11 Bids received 2 Bids received from a Santa Ana vendors Bids were received and opened on April 9, 2007 and evaluated (Exhibit 1). Bidders were required to submit samples of each of the 5 types of liners specified. Green Concept Production, Inc., E Poly Star, and Unipak Corporation could not provide samples in the sizes, thicknesses, and colors required and were therefore considered nonresponsive. The bid and samples received from Gale Supply Company are responsive to the specification and meet the City's requirements. 22B-1 Contract Award for Trash Liners August 6, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. Y ,~~Francisco Gutierrez ~~ Executive Director Finance and Management Services Agency FG/BP/07-041.2:uc 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TRASH CAN LINERS (Spec. 07-041) Vendor Gale Supply Ansar Enterprises, S & G Company Inc. Diversified Products Location Los Angeles Los Angeles Chino Total $ 33,735.70 $ 34,032.00 $ 35,386.90 Sales Tax $ 2,614.52 $ 2,637.48 $ 2,742.49 Cost $ 36,350.22 $ 36,669.48 $ 38,129.39 10% contingency $ 3,635.02 $ 3,666.95 $ 3,812.94 Total Cost $ 39,985.24 $ 40,336.43 $ 41,942.33 Vendor Central Poly Oak Paper Kathco Products Corporation Product Company, Inc. Location Lynden, NJ Irvine Commerce Total $ 36,209.00 $ 37,130.00 $ 40,944.60 Sales Tax $ 2,806.20 $ 2,877.58 $ 3,173.21 Cost $ 39,015.20 $ 40,007.58 $ 44,117.81 10% contingency $ 3,901.52 $ 4,000.76 $ 4,411.78 Total Cost $ 42,916.72 $ 44,008.34 $ 48,529.59 Vendor Chem Tech Waxie Products Sanitary Supply Location Santa Ana Santa Ana Total $ 41,735.90 $ 58,939.70 Sales Tax $ 3,234.50 $ 4,567.83 Cost $ 44,970.40 $ 63,507.53 10% contingency $ 4,497.04 $ 6,350.75 Total Cost $ 49,467.44 $ 69,858.28 Exhibit 1 22B-3 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR CONSTRUCTION SIGN INSTALLATION (SPEC. NO. 07-063) tt ITY 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 Award a contract to Maneri Sign Company, Inc. for the purchase and installation of construction signs for a one-year period, with provision for three one-year renewals in an annual amount not to exceed $26,700. DISCUSSION The Public Works Agency is responsible for improvements made to the City's streets, public facilities, parks, storm drains and sewers. During construction, significant projects are identified with a sign containing the motto: "a sign of things to come". In fiscal year 2007-2008, 35 capital improvement projects are identified that will warrant the posting of the sign to inform the public of improvements made by the City of Santa Ana. The notice inviting bids was advertised on June 26, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 31 Invitations For Bid mailed 8 Invitations For Bid mailed to Santa Ana vendors 2 Bids received Bids were received, opened on July 10, 2007 and evaluated. The bid received from Maneri Sign Company, Inc. is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. Bid results are as follows: Vendor: Amount: Location: Maneri Sign Company, Inc. $26,700 Gardena Highway Technologies $27,400 Santa Fe Springs 22C-1 Contract Award for Construction Sign Installation August 6, 2007 Page 2 FISCAL IMPACT The costs of the signs will be charged to the various projects in the City's Capital Improvement Program (object code 6631). APPROVED AS TO FUNDS AND ACCOUNTS: n/ Jamey G. oss SaFrancisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency JGR/WO/07-063.9:uc 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR TRAFFIC SIGNS AND RELATED HARDWARE (SPEC. NO. 07-064) ~~~~~~ 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 Award a contract to Zumar Industries, Inc., for traffic signs and related hardware for a one-year period, with provision for three, one-year renewals in the annual amount not to exceed $93,225. DISCUSSION The Public Works Agency (PWA) maintains a wide array of traffic and street name signs throughout the City. In Fiscal Years 2005-2006 and 2006-2007, 700 signs were replaced and numerous others were repaired, requiring the installation of various sized posts and mounting hardware. The materials necessary for ongoing sign maintenance operations are purchased through the Central Stores warehouse for distribution to the PWA. The notice inviting bids was advertised on June 26, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 29 Invitations For Bid mailed 8 Invitations For Bid mailed to Santa Ana vendors 4 Bids received I Bid received from a Santa Ana vendor Bids were received, opened on July 10, 2007, and evaluated (Exhibit 1). The bids were evaluated by individual product categories. The bid received from Zumar Industries, Inc., is responsive to the specifications and meets the City's requirements. 22D-1 Contract Award for Traffic Signs and Related Hardware August 6, 2007 Page 2 FISCAL IMPACT Funds are available in the Stores Inventory account (no. 75-01-1131) and will be recovered by charging back to the Public Works operating budgets. APPROVED AS TO FUNDS AND ACCOUNTS: James G. ss ,.S Francisco Gutierrez Executiv Director Executive Director Public rks Agency Finance & Mgmt. Services Agency 07-064.9:uc 22D-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TRAFFIC SIGNS AND RELATED HARDWARE (07-064) Zumar Maneri Sign Industries Company, Inc. Location Santa Fe Springs Gardena Category Description Sub total A Traffic Signs $ 37,606.07 $ 37,702.65 Sub total B Hardware $ 30,131.40 $ 76,537.75 Sub total C Decals $ 1,366.25 $ 2,534.50 Sub total D Miscellaneous Items $ 17,416.25 $ 19,347.30 Bid Total (Incl uding Sales Tax) $ 93,225.27 $ 146,671.67 California Safewway Barricade Rental Sign Company Location Santa Ana Adelanto Category Description Sub total A Traffic Signs $ 61,673.28 $ 37,694.54 Sub total B Hardware $ 58,221.65 No Bid Sub total C Decals $ 5,897.33 $ 4,229.91 Sub total D Miscellaneous Items $ 18,826.48 * No Bid Bid Total (Including Sales Tax) $ 157,401.15 N/A = Includes a 1 % Local Vendor Preference Exhibit 1 22D-3 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR SCOTT SELF-CONTAINED BREATHING APPARATUS, PARTS, AND ACCESSORIES (SPEC. N0. 07-065) CI Y MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Allstar Fire Equipment, Inc., for the purchase of self-contained breathing apparatus, parts and accessories in the amount of $85,595; and an additional $15,000 for an annual blanket contract. DISCUSSION Self-Contained Breathing Apparatus (SCBA) provides fire suppression personnel with proper protection and the ability to operate effectively during emergency situations. The recommended action allows the Fire Department to purchase an additional 16 SCBA units, increasing their current inventory of 121 units to 137. Additionally, miscellaneous parts and accessories are required to constantly maintain the units and provide individual mask fit testing. The notice inviting solicited. A summ+ follows: Bids were received follows: Vendor: Location: Amount: Allstar Fire Equipment, Inc. Arcadia $85,592.02 Fisher Scientific Company Pittsburgh, PA $87,279.62 bids was advertised on June 29, 2007 and bids were pry of the bid invitations and bids received is as 3 Invitations For Bid mailed 2 Bids received and opened on July 12, 2007. The results are as 22E-1 Contract Award for Self-Contained Breathing Apparatus August 6, 2007 Page 2 The bid received from Allstar Fire Equipment, Inc., is responsive to the specifications and meets the City's requirements. Allstar Fire Equipment, Inc., provides for the purchase of miscellaneous supplies for the Fire Department. The purchase of self-contained breathing apparatus, parts & accessories, when combined with anticipated purchases during the current fiscal year, exceeds the $25,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the Fire Department's 2006 Metropolitan Medical Response System Grant for the purchase (no. 146-334-6391, $85,595); and the Fire Department's Maintenance Section's account for the miscellaneous parts and accessories (no. 11-327-6391, $15,000). APP/RO//VED AS TO FUN~D~/S7 AND ACCOUNTS Steve Cr' chfield ~ Francisco Gutierrez Interim ire Chief Executive Director Finance & Mgmt. Services Agency SC/SP/07-065.3:uc 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR PATROL SEDANS (SPEC. NO. 07-066) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended POLICE ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For ~`~ ~ / CITY MA AG R RECOMMENDED ACTION Award a contract to Wondries Fleet Provision of Los Angeles County, sedans in the amount of $349,965.07. DISCUSSION CONTINUED TO FILE NUMBER Group, under the Cooperative Purchase for the purchase of 13 police patrol The City's Fleet Maintenance Division maintains a replacement schedule for police patrol type vehicles. The vehicles, which operate a minimum of 8-12 hours per day in urban conditions, are evaluated based on mileage, age and increased downtime. As a result of this evaluation, 13 vehicles, the remaining 1997 black and white and 12 vehicles purchased in 2000, have been identified and approved for replacement for fiscal year 2007-2008. All those identified for replacement are assigned to the patrol division. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the Full-size/Large class category that includes the Ford Crown Victoria sedan. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. 22F-1 Contract Award for Police Patrol Sedans August 6, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (no. 76-145-6641). y`~ Francisco Gutierrez FG/KM/07-066.2:uc Executive Director Finance and Management Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 6, 2007 TITLE: CONTRACT AIaPARD FOR CORPORATE YARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPROVEMENTS (PROJECT NO. 07- 6006) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Fleming Environmental, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $465,849 for construction of Corporate Yard National Pollutant Discharge Elimination System Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $605,400. The City's maintenance yard was constructed in 1994 and is not in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements (Exhibit 1) This project will provide upgraded components of the existing sewer line bypass system, new structures to cover exposed material to prevent runoff into the city's storm drain system, and a bird netting system to prevent accumulation of bird feces. Once completed, the maintenance yard will operate in compliance with the NPDES permit. The Notice Inviting Bids was advertised on May 30 and June 1, 2007, bids were opened on June 14, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 5 Bids received: 2 Bids received from Santa Ana Contractors: 0 23A-1 Project No. 07-6006 Corporate Yard NPDES Improvements August 6, 2007 Page 2 NAME OF BIDDER 1. Fleming Environmental, Inc. 2. L.H. Engineering, Inc. CITY Buena Park Anaheim BID AMOUNT $465,849 $556,500 A total of two bids were received and both were responsive. The lowest bid was submitted by Fleming Environmental, Inc., for $465,849, which is above the Engineer's estimate of $300,000. The high bid received is due to specialized construction and volatile steel prices. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, No. ER 07-106 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $605,400 for the project (Exhibit 2) Funds are available in the Fred Clean Water Protection Enterprise Fund (account no. 57-635-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. R s ~ Francisco Gutierrez ;y~;-' Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\COnetrnction\RFCA-draft\2007\07-6006 Corporate Yard NPDES 8-6-07 120 WD 23A-2 z w O a 1ST ST FXHIRIT 1 MYRTLE ST - ~ ~ -~ s^"Ta a"^ Title CffY COUNCIL CONTRACT AWARD FOR CORPORATE YARD Pi AUGUST DAB; NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPROVEMENTS (PROJECT 07-6006) ~K .~~ ~K, e N Q 23A-3 3RD ST FUNDING ANALYSIS PROJECT NO. 07-6006 CORPORATE YARD NPDES IMPROVEMENTS Construction Contract $465,849 Contract Administration $21,700 Inspection and Testing $38,600 Survey Staking $9,374 Contingencies $69,877 TOTAL ESTIMATED CONSTRUCTION COSTS $605,400 Exhibit 2 23A-4 a ~d a F z O U e p ~ N D F co mm V S O S S S O S S p p 8 8 8 8 8 8 o U O v U N- w N- w N ~' J w O w Yl w ^ Vl e O w ~D '^ m • F rv w `n v i w r o ° ' S S 0 8 S S S S 8 eo (V y F, F+ ~ > ~l d O d N Vi S ~ g Q S Q S ~i ~ c V ~.+ V N.i vi ~ K pp ~p w N.. w .~ N b b to .] q S ~ ~ ~ V° S S $ $ $ $ $ °o $ °o . . • r m o e ~ a o m e ~n 0 vr 0 g . $ o o . rn V F• ~ O U N W 9 r i ~ b v T v i T ~ e F ~, I K .~ ~, .. ~ ~ ~, ~, •s S 8 8 < S 8 8 8 8 O W Y' w H ~ r ro vl ~ N a . O vi `G r O vri QQ 3 gg $ O v° m d . . Z~ ~c rv vs .~ ~ r r a ~ o: .•j C ~ U N V3 r W W ~D V W ~i 7 m p Y } fR ~ O O O O $ g g g S S S rQ~~ ~ pp Y p O 8 O 0 O 0 O $ O >° O 8 O S N 8 (.~ o ~ O ~a ~ _ y N a o «~ h S 8 8 S 8 $ S S S w F ~,,, ~., 8 8 8 ~ 8 8 ~ $ 8 ~~ z$ ~ ~ ~ o «; ~ a _ z~ W W S N M N ... ~. ... .-. .~ y sl ~ ~ J ~3 C ? m C_ P7 9_ Cq N V ~ Cp U 5 O LL c Fi ~ ~ h 2 ~ ~ ~ .~ u~ 3 ~ m °z v, ~ c77 ~ A ~, ~ @ ~ • m c '~ a T ~ T G a: ~ ~l ~ ~ ° ~ S '~ z ~ ~ d ~ ~ m v ~ m A ~ ~ ~ ~ v 5 w ~ ti c m ~ m 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: AGREEMENT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF ORANGE ITY 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to provide animal care shelter services in an annual amount not to exceed $635,071. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of operating its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing quality service to the City. For FY 2007-2008, the contract amount is estimated not to exceed $635,071. The total actual payments to the County of Orange will be based on actual usage of the services. The County of Orange Animal Shelter has performed satisfactorily and staff recommends approval of the agreement. FISCAL IMPACT Funds are available in the Police Department's Animal Services fund (account no. 011-339-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~X '..... ~, ~..o~ ~, ~_~ ~'VR CC~O~t~S .1 1~1.~. Paul M. Walters Francisco Gutierrez p fit Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25A-1 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6,2007 TITLE: AMENDMENT TO AGREEMENT WITH CALIFORNIA PROPERTY 3PECIALISTS FOR RIGHT-OF-WAY SERVICES CONTINUED TO FILE NUMBER and authorize the Clerk of the execute an amendment to the Property Specialists (CPSI) to a total agreement amount of On March 6, 2006, the City Council awarded an agreement to CPSI for $475,000 for right-of-way services for Phase I of the Bristol street widening project between Pine and McFadden. Bristol Street Phase I is part of the overall project between Warner Avenue and Seventeenth Street which is funded by the Orange County Transportation Authority (OCTA). The consulting firm of CPSI oversaw the acquisition, appraisal, relocation, and the property management for 74 residential and commercial parcels for Phase I. To date all but one residential and 80 percent of commercial parcels have been acquired. The current completion for right-of-acquisition is December 2007 which is one year ahead of estimated timeline. CPSI has been doing an excellent job negotiating with property owners, managing the consultants, and keeping the project ahead of schedule and under budget. In addition to the Bristol Street project, CPSI also is assisting the Public Works Agency with other real property services. These services are real property acquisition, relocation assistance, property management, escrow activities, surplus properties, street and alley vacations and project management. With anticipation of the additional funding for Bristol Street Phase II between Third Street and Civic Center, CPSI will provide overall right-of-way services for CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For 25B-1 Direct the City Attorney to prepare Council and the City Manager to consulting agreement with California provide right-of way services for $1,050,000. Amendment to Agreement with CPSI August 6, 2007 Page 2 acquisition, relocation and property management for the widening project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6631). ~~~ ~,~ APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Francisco Gutierrez ~~ r T~\1 Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 6, 2007 TITLE: 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 the Clerk of the Council to execute an agreement with PBS&J to provide engineering services for the widening of the on-ramps at SR-55 at MacArthur Blvd. in the amount not to exceed $346,000 including a 15g contingency. DISCUSSION The Environmental Impact Report for the MacArthur South project identified widening of the on-ramps to the SR-55/MacArthur Blvd. interchange as part of the mitigation measures for the proposed development. The widening includes adding one lane to the on-ramps at the north and south bound lanes (Exhibit 1). In addition ramp meters will be installed as part of the proposed improvements. In February 2007, the Public Works Agency issued Request for Proposals (RFP) to several consulting firms to obtain services for the proposed improvements. Four proposals were received in response to the RFP and evaluated by the Project Team consisting of City and Caltrans staff. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: FIRM RATING FEES 1. TRC 85 $773,443 2. PBS&J 80 300,959 3. Willdan 74 623,900 4. Tetra Tech, Inc 72 598,000 25C-1 AGREEMENT WITH PBS&J FOR DESIGN ENGINEERING 3SRVICES FOR THE SR-55/MACARTHUR BLVD. ON-RAMPS WIDENING (PROJECT 07-2503) SR-55/MacArthur Blvd Ramp Widening Project No. 07-2503 August 6, 2007 Page 2 The fee schedules for these firms consistent, reasonable and in line experience of key personnel, client is recommended that the firm of services. were compared. The fee for PBS&J is with staff's estimate. Because of the satisfaction and competitive rate, it PBS&J be retained for the required ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Measure M Street Construction fund (account no. 32-551-6631, project 07-2503), and Transportation System Improvement Area E (account no. 34-631-6631, project 07-2503) /'.~{,t,~VIJ ~'~'"l'I,I,'1 CL.~C,~ James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~V\1~1~L~.AL~ ~ ~ ~~ Francisco Gutierrez i~~' Executive Director 1 Finance & Mgmt. Services Agency 25C-2 EXHIBIT 1 ~ SANTd ANA ~~~ ~~ AGREEMENT WITH PBSBJ FOR DESIGN ENGINEERING SERVICES FOR THE SR-55 /MACARTHUR BLVD. u AUGUST B, 2007 ON RAMPS WIDENING (PROJECT NO.07-2503) ~ nac ~aecs ~mrr 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 6, 2007 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) Direct the City Attorney to prepare and authorize the City and Clerk of the Council to execute an agreement with Hector for the purchase of the residential property located at Bristol in the amount of $625,000. APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER DISCUSSION Manager Pantoja 302 S. 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 the entire property, listed above, is required (Exhibit 1). The purchase amounts are 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. 25D-1 Purchase Agreement August 6, 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: ~' n n y ~'~' ~~ / ~~1:'~. ~ ,,, James G. Ross `Executive Director Public Wo rks Agency Francisco Gutierrez Executive Director hi Finance & Mgmt. Services Agency 25D-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES ST. ~ AVENUE TOLLIVER MCFADDEN AVENUE MYRTLE WILLI MATCHLINE SEE ABOVE LEFT EXHIBIT 1 5""TA """ crrr couNCiL TITLE- PURCHASE AGREEMENTS FOR P~ AGENDA DATE BRISTOL STREET CORRIDOR AUGUST s, 200 (PROJECT 06-1500) ~K ~,~, Krs 25D-3 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: ORDINANCE PROHIBITING DROP OFF OF UNSOLICITED HANDBILLS AT A HOME CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance prohibiting the drop off of handbills at a home where the resident has notified the distributor that such handbills are unwelcome. DISCUSSION On July 24, 2007 the Council Neighborhood Improvement/Code Enforcement Committee requested preparation of a proposed ordinance regulating unwelcome handbills dropped off at residences. The ordinance would provide that handbills cannot be distributed at a home where the resident has posted a notice that handbills are unwelcome. The use of direct advertising at residences, avoiding the mails, has grown as postage rates have increased, particularly for oversized mail. Federal law prohibits placing these handbills in a mailbox. These handbills, door hangers and direct ads are being placed on the door knobs, under mats, on driveways and front yards throughout the city, regardless of whether they are welcome or unwelcome. Many of these handbills blow away onto city streets, creating litter and making neighborhoods look less desirable. Additionally, while individuals going on vacation may stop mail delivery, there is no way to stop the accumulation of residential handbills on a front stoop which may indicate to a potential housebreaker that no one is home. The proposed ordinance would prohibit handbills from being dropped off in front of a home where there has been posted on the property a small notice on or near the front door stating "no handbills" or "no solicitors." Giving written notice to a handbill distributor would also be sufficient for the resident to opt out of any handbills being left on the property by that distributor. 50A-1 Residential Handbill Ordinance August 6, 2007 Page 2 The ordinance would apply to all printed or written materials regardless of their content. The only exceptions would be mail (including other delivery services such as Federal Express or UPS) and legal notices. Due to existing severe constraints on the city's community preservation staff, this ordinance would empower each resident who has given notice that handbills were not welcome to bring an action in small claims court against any distributor who ignores the "no handbills" notice. The Council would declare in the ordinance that unwelcome handbills left at a home constitute a public nuisance. Environmental Impact Categorical Exemption No. ER 2007-115 has been adopted for this ordinance. FISCAL IMPACT There is no fiscal impact associated with this action. 2~~ i Jay Trevino Exe utive Director Planning & Building Agency BK:rb rb:repor[e/handbill ordinance 50A-2 b k:7/31 /07 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE IX TO CHAPTER 17 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING THE DISTRIBUTION OF HANDBILLS AT RESIDENCES WHERE THE RESIDENT HAS DECLINED THEIR RECEIPT 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. This Ordinance is necessary to establish reasonable and uniform, content neutral regulations that will reduce the adverse effects upon the residents of the City of the distribution of printed or written material left on residential doorsteps in defiance of the resident's expressed desire not to receive them. The public health, safety and welfare of the City requires the enactment of this Ordinance. B. Further, this Ordinance is necessary in order to preserve the City from the potential adverse effects of the distribution of unsolicited printed or written material on private premises contrary to the expressed desire of the resident including burglary, littering, the prevention of the blighting of neighborhoods and the maintenance of property values, protecting and preserving the quality of the City's neighborhoods, and the protection of the City's quality of life. Experience in this City, as well as in other portions of central Orange County such as the Cities of Anaheim, Costa Mesa and Fullerton, which all have similar ordinances, have demonstrated that such activity has objectionable effects in residential areas. C. The June 13, 2007 Los Angeles Times reports that due to recent and upcoming increases in postal rates, particularly for oversize mail, and higher response rates, delivery of materials to residential doorsteps and doorknobs may be a more attractive option for advertisers than mail service. 50A-3 D. Unlike mail service, vacationers have no way to stop the distribution of printed or written materials being left on their doorstep while they are away. Studies performed by other cities and courts have concluded that "the unauthorized depositing of literature on private property creates a serious police problem in that occupants of such property are unable to control such unauthorized depositing and the accumulation thereof is an advertisement to the criminally inclined that the property is unoccupied." E. The courts of this state have agreed that the problem of accumulating litter in residential areas is a major concern for cities, and the goal of the reduction of litter throughout the community is a legitimate and an increasingly urgent government objective. F. Courts have traditionally respected the right of a resident to bar, by order or notice, dissemination of handbills on the resident's property. Under this Ordinance, the right to distribute printed or written material is restricted only by an affirmative act of the resident giving notice of the determination that no printed or written material be left on his or her doorstep. Courts have held that: "To hold less would tend to license a form of trespass and would make hardly more sense than to say that a radio or television viewer may not twist the dial to cut off an offensive or boring communication and thus bar its entering his home." G. Pursuant to the California Environmental Quality Act, a categorical exemption (No. ER 2007-115) has been adopted with respect to this Ordinance. Section 2: Article IX is added to Chapter 17 of the Santa Ana Municipal Code to read in full as follows: ARTICLE IX. RESIDENTIAL HANDBILLS Sec. 17-140. Purpose. A. The City has a compelling need to prohibit the distribution of printed or written materials on private premises in defiance of the previously expressed will of the resident. Prohibiting distribution of printed or written material, in defiance of a resident's expressed desire not to receive them, strikes an appropriate accommodation between the rights of distributors to solicit willing 50A-4 listeners and the rights of residents to refuse to receive printed or written material at their private homes. B. This Ordinance is also aimed at decreasing the adverse effects of the distribution of unsolicited printed or written material on private premises. The prohibition against delivering printed or written material contrary to the expressed desire of the resident will decrease the amount of litter created by such at private homes which the resident has declined to receive them. The prohibition against delivering printed or written material contrary to the expressed desire of the resident will further aid in the prevention of crime by avoiding an accumulation of printed or written material that may otherwise alert a potential housebreaker that the residence may be unoccupied. Sec. 17.141. General Provisions. A. It shall be unlawful to distribute, deposit, place, throw, scatter, cast, peddle, pass out, give away, or circulate any printed or written literature of any kind whatsoever on any private property devoted to a residential use within the City when the intended recipient thereof, or the owner, occupant, or resident of any property where such literature is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive any literature. B. For purposes of this section, the following shall be deemed to be adequate and sufficient notice to the distributor or disseminator of such material: 1. Posting on or near the front door or main entrance of the property with a clearly visible sign or other notice stating, in effect, "No Handbills", "No Solicitors," or words of similar meaning, or; 2. Written communication to the distributor or disseminator of such material. C. The provisions of this section shall not apply to: 1. The distribution of the United States mail or printed or written material delivered by personal messenger or common carrier; 2. The posting of any notice required by law or order of a court of competent jurisdiction; or 3. The delivery of any printed or written material to any person who has requested delivery of the same. 50A-5 Sec. 17-142. Enforcement. A. A distributor or disseminator that continues the acts prohibited by section 17-141 of this Code after being notified in the manner indicated in said section is hereby declared to create a public nuisance. B. An owner, occupant or resident that has notified a distributor or disseminator in the manner described in section 17-141 of this Code shall have a cause of action against any distributor or disseminator that continues to illegally distribute or disseminate material in violation of this Article. C. In the absence of persuasive evidence to the contrary, the person or entity which benefited from the illegal distribution or dissemination of the printed or written material shall be presumed to be the person or entity which is responsible for the illegal distribution or dissemination of the same. D. This remedies set forth in this section are in addition to all other remedies which the City may have to enforce this Article. Section 3. 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. ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 50A-6 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 50A-7 50A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: RESOLUTION ADOPTING JOHN WAYNE AIRPORT CORRIDOR CITY COALTION POSITION STATEMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution supporting the John Wayne Airport Corridor City Coalition Position Statement. DISCUSSION The cities of Santa Ana, Anaheim, Costa Mesa, Orange, Tustin, and Newport Beach are the communities most directly impacted by noise generated by air carriers operating in the John Wayne Airport (JWA) arrival and departure corridors. In 2000, these cities became known as the Corridor City Coalition because of their collective support for amendments of the JWA Settlement Agreement which set limits on airport expansion, passenger allowance, and other elements affecting public health, the environment, and quality of life issues. In order to create a stronger coalition, a JWA Coalition City Position Statement has been developed as a unifying measure that would identify common interests and enable the cities to collectively achieve stated goals and objectives. The Position Statement acknowledges the airport's inability to service all of Orange County's air transportation demand and recognizes that there is no viable site in the County for a second commercial airport. In an effort to protect quality of life and limit noise pollution, the Coalition seeks to balance the County's air transportation demand without further expansion of JWA. The Position Statement opposes any expansion of JWA beyond its current 2007 footprint; opposes a second air carrier runway or extension of the existing runway; opposes any significant reduction in general aviation operations/facilities; opposes any changes to air carrier or general aviation noise ordinances; ensures that regional plans are consistent with 55B-1 JWA Position Statement Resolution August 6, 2007 Page 2 the legal and practical constraints on air service at JWA; opposes any attempt by out-of-county entities to assume ownership of, or operational control over JWA; and actively supports development and implementation of proposals that enable convenient access to underused out-of-county airports using roadway improvements and air passenger rail links. In addition, the Position Statement recognizes that while the Corridor Coalition cities are the most impacted by aircraft noise, all Orange County cities have an interest in JWA service levels and impacts. As such, the Coalition encourages communities to become "Coalition Supporters" by adopting the Position Statement. The Coalition will communicate regularly with, and seek input from, all Coalition Supporters. FISCAL IMPACT There is no fiscal impact associated with this action. 55B-2 jwf 7/31/07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A JOHN WAYNE AIRPORT COALITION CITY POSITION STATEMENT 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 cities of Anaheim, Costa Mesa, Orange, Santa Ana, Tustin and Newport Beach are the communities most directly impacted by noise generated by air carriers operating in the John Wayne Airport (JWA) arrival and departure corridors, and these cities have previously worked together as a coalition (JWA Coalition), and with the cooperation of the Orange County Board of Supervisors, to obtain amendments to the JWA Settlement Agreement; and, B. The Board of Supervisors and the Airport Director are to be commended for making decisions and operating JWA in a manner that balances the County's air transportation needs with residents' quality of life; and, C. JWA is, and will always be, incapable of serving all Orange County air transportation demand and that there is no viable site in the County for a second commercial airport; and, D. Air transportation demand in the County and the Southern California region now exceeds supply and that shortfall is likely to grow over time, as will the time necessary to travel to certain regional airports; and, E. This inability of JWA to accommodate all County air transportation demand, the importance of air transportation to the region's economy and the anticipated growth in regional air transportation demand are among the factors that may result in pressure to modify JWA or the rules related to aircraft operations; and, F. The JWA Coalition must always be prepared to respond to any proposal to expand JWA and must be proactive in the search for ways to satisfy more of Orange County's air transportation demand without any expansion of JWA; and, Resolution No. 2007-XXX 556'3 Page 1 of4 G. The JWA Coalition has drafted a "Position Statement" that reflects the basic principles of each city regarding JWA facilities and operations, as well as regional plans and transportation solutions that address air transportation issues throughout Southern California; and, H. The JWA Coalition believes that its cities need to continue to work cooperatively with one another, with the Board of Supervisors and with other communities to ensure that decisions regarding JWA facilities and operations are consistent with the principles outlined in the Position Statement and to thereby protect and maintain their constituent's quality of life; and, The JWA Coalition acknowledges that many other Orange County cities are also impacted by noise, traffic or aircraft emissions stemming from aircraft operations at JWA, and that all Orange County communities have an interest in the level of service at JWA. Section 2. The City Council hereby approves the Position Statement attached as Exhibit A. Section 3. The City Council hereby authorizes the Mayor and City Staff to take whatever action is necessary or appropriate to implement the Position Statement, including obtaining other public agency approval and implementation of the Position Statement. Section 4. The City Council hereby reaffirms its commitment to implement all components of the JWA strategy outlined in the General Plan and the Policy and staff is directed to take whatever action is necessary or appropriate to ensure full and timely implementation; Section 5. 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 Resolution No. 2007-XXX Page 2 of 4 55B-4 APPROVED AS TO FORM: By: Joseph W. Fletcher, 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 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 Resolution No. 2007-XXX 55 B-5 Page 3 of 4 CORRIDOR CITY COALITION POSITION STATEMENT INTRODUCTION The cities of Anaheim, Costa Mesa, Orange, Santa Ana, Tustin and Newport Beach are the communities most directly impacted by noise generated by air carriers operating in the John Wayne Airport (JWA) arrival and departure corridors. In 2000, these cities became known as the Corridor City Coalition (Coalition) because of their collective support for amendments of the JWA Settlement Agreement. The Coalition believes that continued involvement in decisions related to JWA and regional air transportation service is essential to maintain the high quality of life currently enjoyed by their residents. BACKGROUND JWA is, and will always be, incapable of serving all Orange County (County) air transportation demand and there is no viable site in the County for a second commercial airport. Air transportation demand in the County and the Southern California region now exceeds supply and that shortfall is likely to grow over time. The Coalition commends the Board of Supervisors and Airport Director for operating JWA in a manner that balances the County's air transportation needs with residents' quality of life. However, the Coalition must always be prepared to respond to any proposal to expand JWA and must be proactive in the search for ways to satisfy more of Orange County's air transportation demand without any expansion of JWA. UNDERSTANDING The Coalition agrees these actions are necessary to protect their residents: • Oppose any expansion of JWA beyond its current (2007) footprint; • Oppose a second air carrier runway or extension of the existing runway; • Oppose any significant reduction in general aviation operations/facilities; • Oppose any change to air carrier or general aviation noise ordinances; • Ensure that regional plans are consistent with the legal and practical constraints on air carrier service at JWA; • Oppose any attempt by out-of county entities to assume any ownership of, or operational control over, JWA; • In cooperation with the Board and other public agencies, actively support development and implementation of proposals that enable Orange County residents and businesses to conveniently access underused out-of-county airports using roadway improvements and air passenger rail links. OTHER AGENCIES While Coalition members may be the communities most impacted by aircraft noise, all Orange County cities have a significant interest in JWA service levels and impacts. The Coalition encourages these communities to become "Coalition Supporters" by adopting this Position Statement. The Coalition will communicate regularly with, and seek input from all Coalition Supporters. EXHIBIT A Resolution No. 2007-XXX Page 4 of 4 55 B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: PUBLIC HEARING: SEWER SYSTEM MANAGEMENT PLAN DEVELOPMENT PLAN AND SCHEDULE ,~ ) ~ '~L (~~i- 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 Adopt the Sewer System Management Plan Development Plan and schedule. DISCIISSION The California Regional Water Quality Control Board (RWQCB) adopted Order No. 2006-0003 on May 2, 2006. The order requires proper operation and maintenance of the City's sewer collection system and regulates sanitary sewer overflows (SSOs) from the system. Waste discharge requirements are established that are intended to protect the beneficial uses of surface waters and beaches in Orange County. Order No. 2006-0003 requires the City to prepare and implement a comprehensive Sewer System Management Plan (SSMP). The main goal of this plan is to prevent sanitary sewer overflows (SSO's) and to provide a plan and schedule for measures to be implemented to prevent future SSO's. The City prepared a SSMP in September, 2005. This document contains most of the provisions required under Order No. 2006-0003. City staff will be providing updates and revisions to the SSMP as required in Order No. 2006-003. While the City's current SSMP meets the major goals of Order No. 2006- 0003, the Order requires Council adoption of a Development Plan and Schedule to revise the SSMP. The proposed Sewer System Management Plan Development Plan and Schedule will meet this requirement. All of the SSMP revisions required in Order No. 2006-0003 must be completed by May 2, 2009. Once the SSMP revisions are complete, another public hearing will be held for Council adoption of the final SSMP. 75A-1 Public Hearing - Sewer System Management Plan Development Plan and Schedule August 6, 2007 Page 2 fiNVIRONMTNTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact associated with the adoption of this development plan or the final SSMP. However, the SSMP requires a sewer main replacement program that will require significant capital expenditures. The costs for sewer main replacements will be paid out of the Sanitary Sewer Service fund. (account 56-575). APPROVED AS TO FUNDS AND ACCOUNTS: s G. Ross Francisco Gutierrez utive Director Executive Director is Works Agency Finance & Management Services Agency 75A-2 SEWER SYSTEM MANA GEMENT PLAN DEVELOPMENT PLAN AND SCHEDULE (SSMP) for the City of Santa Ana July 25, 2007 Y:\Water Opera[ions\Engineering\O[her Agencies\OCSD\Waste Discharge Requirements Order\SSMP\SSMP DEVELOPMENT PLAN AND SCHEDULE 75A-3 SEWER SYSTEM MANAGEMENT PLAN DEVELOPMENT PLAN AND SCHEDULE Introduction The City of Santa Ana has completed the Sewer System Management Plan (SSMP) Development Plan and Schedule in accordance with the requirements of the Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. Because the Santa Ana Regional Water Quality Control Board (Region 8) issued a local Sewer WDR (Order No. R8-2002-0014) to north Orange County, many of the required Plans and Programs of the General WDR have already been developed and initiated or even completed in some cases. The existing SSMP prepared in response to the Region 8 Board WDR will be revised and amended as required to comply fully with the new Statewide WDR . When completed, the SSMP will be recommended for adoption by the City Council. CiTy staff will continually update the plan and bring it back to Council at intervals as specified in the WDR for approval. 75A-4 Table of Contents Required sections of the Sewer System Management Plan are: Page INTRODUCTION ............................................................... 2 (i) Goals .................................................. .......... 4 (ii) Organization ..................................................... .......... 4 (iii) Legal Authority ..................................................... .......... 6 (iv) Operation and Maintenance Program ........................ ......... 8 (v) Design and Performance Provisions ........................... ......... 11 (vi) Overflow Emergency Response Program .................. ......... 12 (vii) FOG Control Program ........................................... ......... 13 (viii) System Evaluation and Capacity Assurance Plan .......... ........ 14 (ix) Monitoring and Program Modifications ..................... ....... 16 (x) SSMP Program Audits ............................................. ......... 17 (xi) Communications ..................................................... ........ 18 SCHEDULE ..................................................................................... ............ 18 3 75A-5 (i) Goals: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. The City of Santa Ana recognizes the importance of protecting ocean water quality by preventing sewer spills and has tailored its existing sewer system maintenance practices to comply with the new Waste Discharge Requirements (WDR). (ii) Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of this Order. The authorized representative for the City oi' Santa Ana is: Thom Loughran, Water Resources Manager (714)647-3318 (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program, including lines of authority by organization chart or similar document with a narrative explanation; and The City of Santa Ana has a current organization chart showing the lines of authority of the administrative and field staff for the Water Resources Division, Sewer Maintenance Section. A copy of this organization chart is attached. Telephone numbers for all of the positions are included in the Public Works Agency after hours callout manual. This manual is used by all Water Resources Division staff, including emergency sewer responders, for assistance during emergencies. 4 75A-6 SEWER SYSTEM ORGANIZATION CHART WATER RESOURCES MANAGER (714)647-3318 PRINCIPAL CIVIL ENGINEER FOG CONTROL PROGRAM MANAGER (714)647-3317 Cesar Barrera Senior Civil Engineer (714) 647-3387 WATER MAINTENANCE SUPERVISOR (714)647-3344 Vacant WATER MAINTENANCE CREW LEADER SEWER REPAIR CREW 2 EQUIPMENT OPERATORS 2 MAINTENANCE WORKER II VIDEO SEWER CLEANING CREWS SECTION 7 OPERATORS THAT MAINTAIN SEWER LIFT STATIONS (2 CREWS) 2 EQUIPMENT OPERATORS 2 MAINTENANCE WORKER II 75A-7 (c) The chain of communications for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). The Water Resources Manager is responsible for overseeing the reporting process. The Water Maintenance Supervisor receives the spill report from the field crew and prepazes a draft report. The Water Maintenance Supervisor is also responsible for notifying other agencies, including the Regional Water Board, Orange County Health Care Agency, and OES if applicable. The draft is then reviewed with the Principal Civil Engineer and Water Resources Manager with consideration given to volume calculations, vacuum and wash down operations, cause of spill, timeliness of response, etc. After discussions/reviews are complete, the report entered into the CIWQS on-line spill reporting database. The Water Resources Manager reviews the spill report and certifies the spill in the CIWQS database. (iii) Legal Authority: Each Enrollee must demonstrate, through collection system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc); The City of Santa Ana currently enforces Orange County Sanitation District regulations prohibiting the dischazge of rainfall to the sewer system. This is done through the City's existing development approval process. No connections from any potential source of runoff are allowed to the City's sanitary sewer system. City Ordinance NS-2670 contains provisions that prohibit the discharge of chemicals, unauthorized debris, pollutants, and any solid or viscous substances that could cause obstruction to flow in the sewer collection system. 75A-8 (b) Require that sewers and connections be properly designed and constructed. The City of Santa Ana has standard plans and specifications for the construction of sanitary sewers, which insure the sewer lines and connections are properly designed and constructed. The City's Specifications by reference incorporate the Standard Plans and Specifications for Public Works Construction (Green Book), which helps insure proper design and construction of sewer facilities. (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency: The City of Santa Ana currently does perform repairs and/or replacements of damaged sewer laterals for the portion of the lateral located within the public right of way. Current City codes provide access to all facilities located within the public right of way. (d) Limit fats, oils, and grease and other debris that may cause blockages, The City of Santa Ana recognizes the significant impacts to sewer collection system operation caused by fats, oils and greases (FOG). In November of 2004, the City adopted a comprehensive FOG control ordinance (Ordinance NS 26-70). This ordinance establishes the legal authority required to implement a comprehensive FOG control program. (e) Enforce any violation of its sewer ordinances. Santa Ana sewer ordinances are currently enforced under Administrative Citation provisions of the municipal code. Public Works Agency Sanitation Inspectors have citation authority to enforce sewer ordinance provisions. 75A-9 (iv) Operation and Maintenance Program. The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities. The City has a Sewer Atlas that shows the location of all sewer mains, manholes and pumping stations. The City does not have any pressure pipelines in the sewer system. The Atlas also has reference numbers to the particular construction plans that were used to build each portion of the system. The map is created and maintained by the Water Engineering Section. Currently, a Senior Civil Engineer and two Assistant Engineers are responsible for creating and updating all of the sewer maps and related databases. The Senior Civil Engineer also oversees the sewer video inspection program, as well as the sewer main condition assessments. The Senior Civil Engineer reports directly to the FOG Control Program Manager. The City has completed the conversion of all 186 manually drafted map sheets into a digital sewer atlas. The locations of all the storm water conveyance facilities are shown on separate maps prepared by the Public Works Agency Design Division. City sewer maintenance staff members recognize the link between a sewer spill and its travel in a storm drain facility to the receiving waters. The City educates its staff to understand the storm drain network and capture a spill before it has entered the storm drain system. 75A-10 (b) Describe routine preventative operation and maintenance activities by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders: The City of Santa Ana has prepared a Sewer System Preventative Maintenance Plan (SSPMP) as require by the previous Region 8 WDR (Order No. R8-2002-0014). This plan will be revised and included in the Operation and Maintenance Program task element due on November 2, 2008. The City of Santa Ana has historically cleaned the sewer system once a year and continues to do so today. Once a year is the industry standard for agencies with comprehensive sewer maintenance programs. Areas needing more frequent cleaning - known as hot spots -are cleaned on a monthly or weekly interval. These are the inverted siphons that run under flood control channels or commercial areas with multiple restaurants. The City has two sewer cleaning trucks, each with atwo-man crew. In addition to these four workers, the City's Water Production staff maintain the two sewer lift stations. A total of seven production operators are trained in pump maintenance. In addition to the daily cleaning of the gravity sewer lines by the two man crews, the City has a sewer lift station maintenance program. The City performs weekly inspections of the lift stations, along with periodic equipment servicing based upon the manufacturer's recommendations and industry standards. 75A-11 (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; The City of Santa Ana has prepared a Sewer System Infrastructure Maintenance System (SSIMS) as required by the previous Region 8 WDR (Order No. R8-2002-0014). This system is currently being revised and a new system will be included in the Operation and Maintenance Program task element due on November 2, 2008. (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and The City of Santa Ana has purchased two vacuum trucks so that City workers can respond directly to spills without calling a contractor. This has helped expedite the response to spills and insure that spills are contained and cleaned up in the shortest time possible. City sewer maintenance staff are trained in-house to properly clean and maintain the sewer collection system, as well as respond to spill emergencies. Water production staff are trained to operate and maintain all city pumping facilities and related equipment, including the two sewer lift stations. 10 75A-12 Although not required, City maintenance staff are encouraged to obtain California Water Environment Agency (CWEA) training and certification. Several staff members have received certification through this program. (e) Provide equipment and replacement part inventories, including identification of critical replacement parts. The two sewer lift stations each have two pumps, if one pump fails, the other pump runs until repairs are made. Both lift stations were equipped in July 2001 with automatic backup emergency diesel generators. An inventory of pipe and equipment is maintained at the City yard to make repairs to small sewer mains and laterals. The City has two vacuum trucks to insure availability of this equipment at all times. (v) Design and Performance Provisions: (a) Design and construction standards and specification for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and The City's standards for the proper installation and inspection of sewer lines are discussed in Section (iii) (B) above. Additionally, the City has standardized its use of equipment in the pumping stations for ease of maintenance and replacement. This includes the pumps, liquid level indicators, electrical components, valves, piping and radios. The City uses sewer lining technology where these methods are cost effective and practical. The City has adopted the American Public Works Association Standard Specifications for Public Works Construction ("Greenbook") as its standard specification 11 75A-13 for sewer projects. The Greenbook specifications for pipeline rehabilitation are used as the standard for City projects. (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. The City of Santa Ana has developed standard plans and specifications for the construction of new sewer infrastructure. Inspection and testing of new construction is accomplished by trained City Public Works Agency construction inspectors. These inspectors insure that all sewer projects are completed in accordance with the City's standards. (vi) Overflow Emergency Response Plan -Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with this MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; 12 75A-14 (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. The City of Santa Ana currently has a Sewage Spill Procedures plan and is following the notification procedures based on the new CIWQS on-line SSO Reporting System Database. This plan will be reviewed, amended and updated to fully comply with all of the items in section (vi) of the WDR. The plan will be completed by November 2, 2008 as required in the WDR. (vii) FOG Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; 13 75A-15 (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities an/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. A major collaborative effort took place in this SSMP requirement during the development of our existing SSMP. A FOG Control Program Manual was developed to specify the key elements of our ongoing FOG Control Program, and will be further discussed and updated (as necessary) by the November 2, 2008 date as required in the WDR. (viii) System evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic 14 75A-16 capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity enhancement measures: The steps needed to establish ashort- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. 15 75A-17 The 2003 Sewer Master Plan Update and Infiltration and Inflow Study analyzed the capacity of larger city sewers (generally 10 inch diameter and larger) for peak flow conditions under both dry and wet weather conditions. Deficient sewer line segments are identified for prioritization in the capital replacement program. No dry -weather hydraulic capacity deficiencies exist to staffls knowledge, and recent projects have eliminated the major known wet-weather related deficiencies. We are working with OCSD on ajoint project to correct a deficiency on the Bristol Street Trunk sewer, portions of which are owned by both OCSD and the City of Santa Ana. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; The City of Santa Ana has created and uses extensive data sets to monitor SSMP related activities. Enhancements to the data collection and analysis activities are in process, including a portable digital map based system for field use. When complete, this system will be used by engineering and maintenance staff to more efficiently operate and maintain the sewer collection system. This system will enhance analysis and prioritization of SSMP activities. (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; The City of Santa Ana has assigned a Senior Civil Engineer to oversee the implementation of all SSMP activities. This position works closely with the sewer maintenance crews and FOG sanitation inspectors to implement all of the SSMP activities. 16 75A-18 SSMP activities aze also discussed at bi-weekly staff meetings with the Water Resources Manager and division supervisors. Additional meetings to assess the effectiveness of individual elements aze held as needed. (c) Assess the success of the preventative maintenance program; Santa Ana has for many years used two in-house crews to clean sewer collection pipelines on an annual basis. We believe this program has been very effective in reducing both the number and size of SSO's to a very low level. The Water Maintenance Supervisor is in charge of the routine preventative maintenance program. Line cleaning methods and schedules are continuously modified as needed based upon changed field conditions. This position works closely with the Senior Civil Engineer to use available technology enhancements to improve the effectiveness of the maintenance program. (d) Update program elements, as appropriate, based on monitoring or performance evaluation; and The SSMP and its elements will be updated in accordance with the results of the monitoring described herein. Revisions to the FOG program as well as the Sewer Spill Procedures have been made in the past, and additional program revisions will be made as required. (e) Identify and illustrate SSO trends, including frequency, location, and volume. The City of Santa Ana has records of all SSOs dating back to 1999. Using this data, we track SSO trends and make program adjustments as required. (x) SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report 17 75A-19 must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. The City of Santa Ana will develop an internal audit program to evaluate the effectiveness of the SSMP and our compliance with the SSMP requirements. SSMP Deficiencies identified in the audit process will be corrected with program updates as required. The program audits will be implemented by the May 2, 2009 date as required in the WDR. (xi) Communication Program -The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. The City of Santa Ana is currently using it's website to convey information on the FOG control program to the public. This medium can be expanded to include other program elements. The public will also be informed during the public heazing process as the SSMP and updates are adopted. SCHEDULE The City of Santa Ana acknowledges and agrees to the WDR time schedule as outlined in the table below: 18 75A-20 _ _ ~~ Boaz. -l ~~.,,il.. Sidon ~ a 491~it98 ~ _ _ Fpp4~14t10A P.p,~utaibn 1~e4~+ean 9etween ~ ~ - ~°n ~ ~ I q pp amt 49.804 t0.9~ an6 2,60 ! 0 , _ --- SSMP Development Plan and -, '. -------- ~ '~. ~ _ '. _ r-- ~ Schedule '~, ~ August 2, 2007 '~, November 2, 2007 '~, February 2, 2008 '~.. May 2, 2008 : No Specific Section ' '~, ', ', Goal ~I j I '. Section D 13 (~) ,___._.._._.. ____ -- ~ November 2, I November 2, 2007 i --~ 2007 May 2 2008 ' ~'. May 2, 2008 ' Organization ~ '~, ', Section D 13 (ii) ~ - '. Legal Authority Section D 13 (iii) ~~ '~ ' -----. _._.......-- --. - Operation and Maintenance ' -1 i ~ I '. Program ~ ~ Section D 13 (iv) ---_--- ---...._. __ '. November 2, ' November 2 ~: y ~ Ma 2 2009 ', February 2, ~. ~ Overflow Emergency , '~, 2008 I 2009 ', 2010 Response Program Section D 13 (viJ ', I, FOG Control Program ~'~. '~.. ', Section D 13 (iivJ -~ I ~ Design and Performance ', Provisions ', ~ ~~ Section D 13 (v) -._ _' '. System Evaluation and '', , Capacity Assurance Plan j ~ ~ ' Section D 13 (viii) ---- "~~. ', ~ ', Monitoring and Program Modifications '. '. '. ~ May 2, 2009 August 2, 2009 May 2, 2010 August 2, 2010 Section D 13 (ix) ', '~, ! ' Program Audits ~ '.. Section D 13 (x) , '. '~. Communication Program ~! ' ', Section D 13 (xi) '~, , ~ '~.. Final SSMP Implementation ~I ~ ~~ ~~ End of SSMP Development Plan and Schedule 19 75A-21 75A-22 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD TO PREPARE THE GENERAL PLAN HOUSING ELEMENT UPDATE AND COOPERATIVE AGREEMENT / ,,/// ~ (~ M pv' CITY MANAGER ~1FXECUTDIRECTOR i RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Omiinance on 1st Reading ^ Orrlin ance on 2nd Reading ^ ImFdementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a contract with The Planning Center to prepare the General Plan Housing Element in an amount not to exceed $227,670. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) to use $25,000 of Agency funds on the General Plan Housing Element. COMMUNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director of the Community Redevelopment Agency and the Agency Secretary to execute a Cooperative Agreement with the City of Santa Ana to supply an amount not to exceed $25,000 for use in preparation of the General Plan Housing Element. DISCUSSION As required by State law, Santa Ana's General Plan Housing Element is to be updated and forwarded to State of California Housing and Community Development by June 30, 2008. Last updated in December 2000, the Housing Element identifies the City's plan, programs and policies to ensure the 80A-1 Contract Award to Santa Ana General August 6, 2007 Page 2 Prepare the Plan Housing Element provision of adequate housing choices for the Santa Ana community. In addition, the Housing Element will provide an inventory of vacant or underutilized land with the potential to develop the City's 3,393 housing unit share of the Regional Housing Needs Assessment (RHNA). The General Plan Housing Element effort will include a summary of Santa Ana's existing demographic and housing characteristics; identify progress on the goals and implementation actions set forth in the existing 2000 Housing Element, multi-lingual community workshops for input by policymakers, stakeholders and the residents; detail locations that allow for future housing growth to serve the Santa Ana community and regional market; and a planning document that frames Santa Ana's Housing policy and goals for the future. A Request for Proposals was distributed to eleven planning consulting firms in late May 2007. In response to the Request for Proposals, staff received proposals from three highly-qualified planning firms: The Planning Center, RBF Consulting and Hogle-Ireland. After reviewing the proposals, Planning and Housing staff conducted interviews with each of the consulting teams. At the conclusion of the interviews, together with an analysis of the proposals submitted, staff determined that The Planning Center was best qualified to assist in the preparation of the Housing Element update. The total contract amount for the preparation of the General Plan Housing Element will not exceed $227,670. FISCAL IMPACT Funds in the amount of $135,000 are available in the CDBG fund for General Planning Projects (account no. 135-149-6291, project no. 08- 7603), funds in the amount of $57,670 are available in the Planning and Building Agency account for other contractual services (account no. 11- 505-6291), funds in the amount of $25,000 are available in the Merged Housing Set Aside funds (account no. 507-508-6291, work order no. 62017), and funds in the amount of $10,000 are available in the Air Quality Management fund (account no. 31-505-6291). The total contract amount will not exceed $227,670. 80A-2 Contract Award to Prepare the Santa Ana General Plan Housing Element August 6, 2007 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: ~/\ y ~~ TI~C~CC\~1~1L1~ ~~. Ja~y~I1. Trevino Francisco Gutierrez ~~ ~~/' Executive Director Executive Director ~j Planning & Building Agency Finance & Management Services Agency 1 Nancy T. dwards Assistant Director Community Development Agency MGM:rb Mgm:HOUeing200B/RFP/RFCACOnt ract.joint cc -cra 80A-3 80A-4 REQUEST FOR AGENCY/ COUNCIL ACTION MEETING DATE: AUGUST 6, 2007 TITLE: PUBLIC HEARING - AGREEMENT FOR SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND MARTIN INVESTMENT COMPANY FOR REMNANT PARCEL IN THE MERGED REDEVELOPMENT PROJECT AREA ~~~~ ~- CITY MANAGER ~~p~XECU E DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to an Agreement for Sale of Real Property and Escrow Instructions between the Community Redevelopment Agency and Martin Investment Company, a California Limited Partnership, for the sale of certain real property in the Merged Redevelopment Project Area generally located in the 1300 block of S. Ritchey, and approving the sale of said real property upon the terms and conditions contained in that Agreement. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a resolution approving an Agreement for Sale of Real Property and Escrow Instructions with Martin Investment Company, a California Limited Partnership, for property generally located in the 1300 block of S. Ritchey. DISCUSSION In the mid 1980s, the Redevelopment Agency acquired land from Santa Fe Railroad for development of the Santa Ana Auto Mall. Part of that acquisition included a remnant strip of land (rail spur) on the west side of Ritchey Avenue across from the Auto Mall, Exhibit 1. Martin Investment Company (Buyer) owns several parcels of land immediately south of the Agency owned property. In order to maximize the development 80B-1 P. H. - Agreement Real Property and Martin Investment August 6, 2007 Page 2 for Sale of Escrow Instructions - Company options, they propose to purchase the Agency owned parcel and incorporate it into their project. Martin Investment Company has received Site Plan approval and is currently in plan check for a development consisting of three new industrial buildings totaling 31,900 square feet. There is an existing 24,010 square foot industrial building that will remain on the adjacent site currently owned by the Buyer. The project will also include consolidation of the lots. The remnant parcel owned and is consistent with th parcel has been appraised The highest and best use southerly parcel. ENVIRONMENTAL COMPLIANACE by the Agency is zoned M-1 (light industrial) e proposed development. The 22,005 square foot for $350,000 by an independent fee appraiser. of the property is assemblage to the adjacent In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption ER No.2007-105 will be filed for this project. FISCAL IMPACT Proceeds from the sale of the property to the Redevelopment Agency in the amount of $350,000 will be deposited in the Merged Redevelopment Sale of Land account (account no. 570-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. wards /_. Francisco Gutierrez ei,,J Assistant Director Executive Director I Community Development Agency Finance and Management Services Agency SGH/VU/mlr H:\ACTIONS\2007 CC\P. H. JT CC-CRA AgreeSaleYrop-Martin Investment 8-6-07 Ml.doc 80B-2 -~ ~ MC FADDEN AVENUE 0 0 c 0 W W R N W W Q F N WIISHIRE AVENUE auTO Mq << O 9, } z = o F DAN GURNEY DR• BORCHARD AVENUE I APN 402-072-05 & 06 o Martin Investment Co. Exhibit 1 80B-3 7/23/07 LES RESOLUTION NO. 2007- A RESOLUTION OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY OWNED PROPERTY GENERALLY LOCATED IN THE 1300 BLOCK OF SOUTH RITCHEY AVENUE, SANTA ANA, CALIFORNIA; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY 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 Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") purchased the property generally located in the 1300 block of South Ritchey Avenue in the 1980's from Santa Fe Railroad for development of the Santa Ana Auto Mall, located in the Merged Redevelopment Project Area. B. Part of that acquisition included a remnant strip of land on the west side of Ritchey Avenue across from the Santa Ana Auto Mall. Martin Investment Company (Buyer) owns several parcels of land adjacent to the Agency owned property. C. In order to maximize the development of the site, Buyer proposes to purchase the Agency owned parcel (the Remnant Parcel) and incorporate it into its development project. Buyer's project has received Site Plan approval and is currently in plan check for a development consisting of three new industrial buildings totaling 31,900 square feet. There is an existing 24,010 square foot industrial building that will remain on the adjacent site currently owned by Buyer. The project will also include the consolidation of the lots by the Buyer. D. The Agency proposes to sell the Remnant Parcel to the Buyer at its current appraised value, as established by an independent fee appraiser, pursuant to the terms and provisions of a Sale Agreement (hereinafter referred to as the "Agreement"). E. The City has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the provisions of applicable state and local laws and requirements. F. The City and Agency held a public hearing on the sale of the Remnant Parcel and the Agreement as required by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. 80B-4 G. The proposed sale of the Remnant Parcel is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2007-105 will be filed for this project. H. The City recognizes that it has received and heard all oral and written objections to the proposed sale of the Remnant Parcel, and that all such oral and written objections are hereby overruled. I. The City hereby finds and determines that the information set forth herein is true and correct. J. The City hereby approves the sale of the Remnant Parcel to the Buyer at its current appraised value. Section 2. Pursuant to section 33433(b) of the California Health & Safety Code (Community Redevelopment Law), the City Council finds that the consideration is not less that the fair market value at the property's highest and best use in accordance with the redevelopment plan. Section 3. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 80B-5 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: 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. 2007- 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 3 80B-6 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 11 A-1 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 11 A-2 (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 11 A-3 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 11 A-4 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 that are, prior to application, in violation of Chapter 8 of this Code; must be brought into compliance before issuance of a special use permit, unless a different time frame is specified in the conditions of approval of said permit. Issuance of a positive report pursuant to section 41-1804(b)(7) of this Code shall be deemed to constitute compliance with this section. 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) provision of off-street parking spaces (both number of spaces and compliance with other parking standards), (2) sound transmission, (3) energy efficiency, (4) open space, (5) setbacks, (6) adopted design guidelines, and Ordinance No. NS-xxxx Page 5 of 11 11 A-5 (7) 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 performed 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 11 A-6 (9) 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. 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. Ordinance No. NS-xxxx Page 7 of 11 11 A-7 Sec. 41-1807. 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. Sec. 41-1808. 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. 41-1809. 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: Sec. 34-301. Purpose. The purpose of these provisions is to establish standards for the development of common interest developments; to establish standards for the conversion of buildings, including rental Ordinance No. NS-xxxx Page S of 11 11 A-8 apartment buildings, into common interest developments; to protect the public from the potential blighting effects of deteriorated or undercapitalized conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to 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. 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: 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. Ordinance No. NS-xxxx Page 9 of 11 11 A-9 Section 7. The City Council, may adopt by resolution, from time to time, 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. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11A-10 2007. Miguel A. Pulido Mayor Ordinance No. NS-xxxx Page 10 of 11 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 11A-11 11A-12 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA Approving AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2004-158 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO ALLOW TRANSIENT/RESIDENTIAL HOTEL USES WITH A CONDITIONAL USE PERMIT (ZOA NO. 2007-02) 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 North Harbor Specific Plan (SP2) was created in June 20, 1994. B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration, Environmental Review No. 2004-158, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts 11 B-1 of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which allows transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. All provisions of the North Harbor Specific Plan (SP2), 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 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 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 11 B-2 ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto 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 the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B-3 • Florist shops • Fumi[ure stores • Grocery stores • Home improvement stores • Jewelry stores • Office, business machine and computer stores • Pet shops and supplies • Specialty retail stores • Sporting goods stores • Variety stores • Other uses of a similar operation or nature 2. Offices, including: • Administrative services • Business services • Design, architectural or planning services • Financial institutions • Medical and dental offices • Professional services • Veterinary offices • Other uses of a similar operation or nature Adjacent parcels under the same ownership shall be combined and developed under one site plan or other development permit. 3.5.4 Special Requirements 1. The following items shall be screened from view from any arterial or collector street: • Loading docks, service bays, garage doors, and loading areas • Utility meters • Mechanical equipment • Trash storage 2. The design of all development within the General Commercial District shall be such [hat significant building azchitectural and landscape elements are present on all building elevations. 3.5.5 DESIGN STANDARDS Refer to Chapters 5 and 6 for Design and Development Standards. 3.Cinema (indoor) excluding "adult-only" 4.Public facilities and offices 3.6 ENTERTAINMENT 3.5.2 Conditionally Permitted Uses The Entertainment District is intended to provide an The following uses may be permitted subject to the area along Harbor Boulevard specifically set aside for issuance of a conditional use permit pursuant [o the private, profit-making recreation and family Santa Ana Municipal Code: entertainment activities such as restaurants, skating rinks, [heaters, or night clubs. Development in this 1. Drive-through facilities whether part of district should be well integrated with Santa Anita Park another permitted use, a conditionally with shared access where possible and integrated permitted use, or as a separate facility pedestrian circulation. 2. Parking stmctures 3. Service and/or gasoline stations TMs land use designation is concentrated in the mid 4. Restaurants and other eating establishment, block area between First Street and McFadden Avenue including take-out, but not including drive- and forms the central focus for the General tluough facilities Commercial zone. Typical ]and uses within this zone 5. Public dance halls and public dance places include restaurants, theaters, movie theaters, health with or without a cover change leisure clubs, nigh[ clubs, community centers, urban 6. Transient/residential hotels as defined in open space including outdoor display and Section 41-139 of the Santa Ana Municipal entertainment areas, and other leisure activities. Code 3.6.1 Uses Permitted 3.5.3 Minimum Lot Size and Dimensions 1. Health clubs The minimum size of any development proposal shall 2. Ice skating and roller skating rinks be 15,000 gross square feet. The minimum lo[ frontage 3. Miniature golf courses and driving ranges shall be 120 feet on a public right-of--way. 4. Batting cages 5. Cinema (indoor) excluding "adult-only" Separately-owned units of real property may be 6. Museums and other publicly or not-for- deemed asingle lot for the purpose of this section if profit operated cultural or similar they are subject to conditions, covenants and institutions restrictions, and reciprocal easements of access [hat 7. Live theater provide for unified responsibility for vehicle access, parking, landscaping and signage. Exhibit A 11 B-4 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Henneeen Date: Julv 10, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS Y In V1t C~ OLV1 G~'{Y~'YLNT ~2Y~~~\C.P.S ~8h(~. The requests your consent to estroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-1 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES (July 2007) RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES ACCOUNTS PAYABLE Cash Requirement (AP 50) Lists paid invoices by vendor. June 2004 and prior P.O. when item & vendor known. Petty Cash Receipts Request for Council Recognition: proclamations and certificates June 2005 and prior identified goodslitems Travel Reqguest and Expense Report Self-explanatory une 2005 and prior PREPARED BY: 7ltol0, S ron Henne en Date Administrative Services Manager Purchasing Division CONSENT BY: Date RECORDS DESTROYED: Number of Boxes APPROVED BY: oseph Fletcher Dad City Attorney 19C-2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: July 25, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. .`~ ._ f /,,rte, ~_ 1 ' t, 19C-3 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave July 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 July 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 July 18, 2007, listing personnel files to be purged/digitally imaged. PREPARED BY: ,. ~y~„1 ~,~ ~~~~ ~ ~ _ ~~ ~w Michael S. Ernandes Date Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: 7, nrigve Iva Date Execu ' ire t Perso el Services Department APPROVED BY: Date City Attorney 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment forms July 2002 and prior FORMS (OFFICIAL) Flexible Enrollment forms for flexible spending July 2002 and prior Spending, program. Section 125 Life Insurance Employee life insurance enrollment forms July 2002 and prior Long-Term Employee Long-Term Disability Insurance July 2002 and prior Disability enrollment forms Insurance Medical Employee medical insurance enrollment July 2002 and prior Insurance forms EQUAL Employment and Personnel and employment records, July 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 July 2002 and prior termination OFFICIAL Certification/ Request for Certification and/or July 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 July 2002 and prior Training completion date of training class(es). Commendation Letters of commendation and/or other July 2002 and prior Letters congratulatory documents received by and/or issued to EE. Disciplinary Memorandums, letters, or other records of July 2002 and prior Actions proposed and/or implemented disciplinary _._ action(s). Doctor's Notes/ Notes/medical release forms, etc., submitted July 2002 and prior Medical regarding employee's medical condition. Releases Drug Screen Pre-placement and drug screening July 2002 and prior Test authorization and acknowledgement form(s) and results of drug screening. 19C-5 PERSONNEL SERVICES DEPARTMENT RECORD RECORD -- RECORD _ RECORD CATEGORY SERIES __ __ DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class July 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 July 2002 and prior __ any) for hired employees. Medical Leave of Leave of Absence forms used in the July 2002 and prior Absences** documentation of medical leave (including pregnancy leave and Family and Medical Leave). Miscellaneous Documents not specifically mentioned but July 2002 and prior Documents kept in official personnel file. Notice of Form completed by employee and/or July 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 July 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 July 2002 and prior Employment employee to be engaged in outside __ employment. Performance Employee performance evaluation forms July 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 July 2002 and prior Enrollment Employees' Retirement System (PERS) Pre-Employment Forms completed by employee and medical July 2002 and prior Medical clinic to assess physical capability of employee prior to hiring. Security Check Form completed by Personnel Svcs to July 2002 and prior Form request Police Dept to conduct security check on employee prior to hiring. Special Licenses Special licenses issued to employees from July 2002 and prior DMV, accredited schools, etc., verifying employee meets certain job-related requirements. Tuition Copies of applications for training and July 2002 and prior Reimbursement educational assistance which show EE Request request, department head approval, and final disposition of request. 19C-6 on C. y1 I--1 b U Q m b O 0 m O r O O N 00 T ti 0 v d N Lr ~ N Q p ~ Oti ~ ~ GGG _ ~ ^ n ~ ~ ~ ~a y as N . ti Q {:-+ ~ W ~, ~" °" 4j F4 F ~ ~ w ~ w ^ ' W ~, Q w O O O P/" O •-' O ~ O ~ N p y O G C O C O G O C' O :-. C O O C O C ~ q b iC ~ iC ^ h v. ~c :~ ~ ctl ti N C 'a ~y ^ O ~ N O ~y ,~ w ~ Ri N `~ O ~ ~ ~ ~ ~ ti ~ c^V N N cCd ~ ~ y^N O ~ N ~ N 0 N N W N ! m y ~ ~ ~ b0 N A 'D 09 ~ ~ ~ b0 N ~ O Y ~ . ~ bA O cd 'O . ~' t ti. ~ N C m ~~ bA N OA N W N b9 N (~ b OD N .I .y ~ ~~ a x x x Q a g x .~. x o x c~ o' ve x .-~ o' v~ w x A O~ x x x r~ 5 x w ce p N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N N N N N a0.. ate. N ~y Q '-' ~--~ ~ vl O .~ ~ ~ N --+ ~ o0 N ~ O ~ ~ h N ~ 00 N ~ V't O .-• N .-. M ~ N O ~ W O ~ Q1 ~ b N m ~--~ .. O ~ ~ N ~ W O M N oo N O M ~ ~n .-~ O ~ N ~ O .-• O O O N O ~ O O ~ N O a ~ ~ ~ 0 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 r 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ ~ 0 F F H F H F H F F F F F H H F F F F H F h F [--~ F F F F H H F F F F wa a a a a, a s. w a w a w w a a w a a. a. w a w a a w a w a. w a w a. V Q rNi I...1 ` N ~ ~ 1. O ~ ~ _ ~ H I--1 Ir ~ ~ a GJ 1 I~ a ~~- Q li"~1 C a "i ~ b p ~ 'ti ~ ctl d N y y w ~ 'b P x a> v s. a'"i b ~ b N N y 'd v w ~' c~e C W ~ v~ b a~i b id a~i .d c~i ^ O N O _N ~ U ~ ~ N N ttl O . y V . ~ N N Ctl N 0.i ~ ~ pp ttl N O N U y~ W ri y-~ W i+ O cC O ~ U G ctl ctl^^ ~ .a U U O w, ~ .G r-1 ~ o O y ~ .-1 C7 ~ ,~ p ~ ~ w O ~i a n; °~ ~ N , ~ ~ ~ ~ a. O ~ ~ ~ a ~ F ~ ~ C ~ °~° ~ ~ .~ ~ a c a, a x ~ . a U ~ . .~ . N ro 5n ~ kn o ~ o w o o ~ ~ W `~ kn v ., o °J ~ ~ W `° 5u ~ ~ . N ~, °' ° `° 5u g ~; y ~ 0 ~ o °~ o ~ U ~ ~n ~ ctl O O v N 'C N p ~ ^ Q 7 N r0 ~ ~ O P ~ O ~ N . Rf N h y .O O ~~., C O U Pr P-i ~ v] F ~ ~l , w W 0.l ~ U N 0., W } . Fi ~ l U 0.. Pr Q ~.. ~ Q ~ Pr GL W a i ~ ti Pr i r/) v ~ O ~ p 1~ V b M N ~O a\ O r O o0 O ~ ~ M V O vt ~ 7 N M ~ vi ~ ~ O\ O 7 O a, M N ~ O M .--~ N D\ '. D1 O Vl M ~ M V V o0 ~ ~ M M ~ O ~ ~ N N O' N ~ M r N ~ W ~ l~ h . ~ ~ 01 . O O N O N O O M D\ O O ~ O O O M N ~ ~ 01 0 O 0 d ~ z O O O O 0 0 0 0 0 W 0 0 N M N ~ ~ ~ U ~ C _ Z ~ U 7 ~ ~ ~ ~ ~ C O O ro > ~ ~" N 'd 'b ro ~~. ~, • -, N ~ ~ O v 0 `d ,t ~ O ~ O O ~ c d ro ~ ~ b ~ N a i ~ 5 C ~ ~ ~ ro ~ v ~ . ~ C ~ ~ ¢ x i a ~ 7 ` ~ O ~ ~ ' V ~ c e ~ _ ' ' ~ w W .-. W x x U . : Q ~ ?' 0., Q (~ d W . -, . -i C7 W U . y r ~ ~ ~ W Q Q ~ ~ A 7 P. N c~a 7 b cC cd .C O O ~ <a 'O ~ T ~tl a. N C ~d W N ~ N' 7 v' cO! 'C ro v~ a~ U r . ~ ~ N ~ a a ?4 ~ N N G ~ O E-~ ~ a ¢~' T d O m U N U c d U ~~ F U c~O vi ~ O O R cd N N N O ro ~ ~ ~ N ~ ~ O ~ ~ ~ N N . `~ W w ~ x x x x .a ~l a .-~ a ~ ~ O O O w ~ c~ 19C-7 ~ a . ~ ¢ a w ~, p o C G C C C C C g q C O O p O O O O o o O O O O F ~ h N W N a ~. ~ Q b pq N b^q N b0 N '~ ~ N ~ N b.0 N bD N bL N W N b0 N Ri j _ '~ x x w ~ x x x a x x x x x x x ~ a p N N N N N N N N N N N N N N N N ~ O O O O O O O O O O O O O O O O ~y Q ^~ O l~ N ~ O M N O ~ O M r O W N oo N ~n O ~n N o0 N .-. O b O N N ~ ~ ~ r b ~ ~ r ~ b ~ r ~ b n n n ~ O O O O O O O O O O O O O O O O F H F F F F F F F H H [-~ F F F F F H H wa. a a. a. w w w w a w a a a a a a w a ~ ~ c ..! .. g ~ ~ F". ~ ~ ~ ~ ~ b d ~ ~ ~ p v~ ^ N ~ ~y p b ~ .y N ~ ~ ~ ~ ~ a"i q y a'"i ai C ~ ~ c~ jy ~ ~ ~a ~+ .. ` is a C w p-' w .~ ~ D a ~ .~ V a ~ G .~ ~y ~ OA O R O i ~ W ~' m ~n o ' b ro ~ ~o m ~ ~ ~ . o ., U ^ ~. .. ~ ~ p U a ~ a. a a. a a a a U v~ a r~ v~ w w N N p ~ ~ O ~ ~ ~ ~ O ~ ~ ~ ~ m ~ ~ p N N ~ ~ W M .~ ~ N 0 O1 0 0 N 0 ~ O z 0 0 0 0 0 0 0 ~ ~ ~ p~ w ~ U O ~. O N ~ ~ M ~ ~ ~i T 7. ^ p 'D ro W p v cd p N ro A Z ~ N 7 ?` ~ ~ ~ ~ ~ w ~ ^ p ~ ti ~ ~ ~ . , ti X ~ n M Q p W ~ H V z T ~ ' ` ~ w 0. . i J . l ~i .G d b 7 p a 0..i p m Z y a. y G O ~ ~ p N ~`~. p 'O ~' . . ~ N ~ bq N O N ~ ~ ~ y ~ 7 ~ p N N O ~ c d ~ ro p ~ p T ~ c C h a x x x z a x ~ ~ H H ~ H > > 3 3 19C-8 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/ July 2004 and prior Materials implementation of recruitments. Bilingual Forms certifying bilingual capabilities for July 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 July 2004 and prior recruitment time, akept for outreach _ purposes. Examinaton Examination answer sheets completed by July 2004 and prior Answer Sheets applicants during testing process and other testing materials. Official Eligible Eligible lists signed by City Manager. Lists of July 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 July 18, 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 Iva Date Execu ' ire to Personnel Se es Department APPROVED BY: ;, r 4 .C.G .-L ,ltyse Fletcher Date ~~City Attorney ~~~`7 ~~ ,~ 19C-9 r. C N J N 7 N L U C 0 U 7 N 0 U '~ O U N N N O N 0 0 N _a 7 0 c a~ E L U c0 Q ~~ m~ 0 , 0 , 0 , 0 , 0 , 0 , 0 W P M I~ V N W V' 0 0 0 0 .- N ~'- N N W ~ M ~ M ~ M M ~ ~ ~ ~ ~ M (p 0 0 0 0 0 O O ~ N J V V V V V V V ~ 0 0 0 0 0 0 0 ~ N O I~ V V O o U ~ v N n O n ~ v ~ co ~ cfl O co 0 0 0 0 0 0 0 v v v c v v c ~ 0 0 0 0 0 0 0 O N \ M \ O \ M \ \ r \ ~ 1 r N N M N N N 0 0 0 0 0 0 0 U N C X ,,, W N_ N m E O N U (0 N 7 (n C ._. m d .-. tq .~ - ~ O N (n ~ O ~ m U N U_ O U C C N U C ~ N N M g ~ Z N ~ ~ E c O 0) ~ N ~ ,N N N U O ~ (6 U .C C O .U Q N Il O d U N O C C O N p Y ~Q Q ~ i d d n U ~ c m ~ c ~ N ~- D ~ V V V V V V V m E o 0 0 0 0 0 0 O O O N cD M ~ ~ I~ N H m Z u7 u7 u7 V (O u7 M 19C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2007 _, ~~ ~~~ CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of June 30, 2007. 19D-1 QUARTERLY REPORT OF INVESTMENTS August 6, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19 D-2 CITY OF SANTA ANA TREASURER'S REPORT as of June 30, 2007 EXHIBIT 1 19D-3 w C d C ~ R Q ~ ~ O C C 7 N R N to p" fn ~ ~ M O ~ .O c M O L 7 U yL ~ o n. a FU 9 ?' O rv E 0 f O _~ 6 o ~ m q N N~~ m N I N N b M< b N ~ N g °o Q l m N ~ n m~ ~ & I ro N O ~ N e T nm'l, nb') th T O p O N T O f0 O O OO f~ b I~ b O b b O b O b p< p ~ O ~ m W H m b v o m O rn V ~ n ~ N 1~ b M ~ N Ol M ~ O Q N N 8 I N o N A P O N m N A m A N ~ rv b o b in o m ~n m N N ~ q N O O ( 7 O ~ ~ ( p N O p y f0 m b ~ ~ ly ~ o m ~ ~ ~ a m v i_ m n r b t7 o V Q n m ^ m N N N N ~'YJ L O O ~ O O O N V n ; p p p p b 0 0 b p S O QQ N ~ N v i o b o o E ~ m V 1~ O ~ O f0 T N _ a ~ m b n ~ o e ^ V ~ b ~ti ~ ~ O yy N N N N C d d C N y y ~ C 'C °c U ~ LL Q N aci ,~ c ~ ~ o E g i $ E' cg A a < c c ° .~! TT V L d Q .` A L Q Q~ ~ m d R E o ~ ~ @ ° ~ h > a a i ~i ~ ° . ~ U K LL LL H ~ m C O d ~, E U ~ 9 > c c m s, c c w U ay N ~ ~ m ~ U q ~ o p "1 ~~ o ~ z E a o c m o O n y a m ~ °' m m L ~ ~~. O c ~ O d C ~ E m„ Yn Q m i c c v v v d n y O y g'z V .. N N y ~ O T ~ ~ o. ~ 7 >.EL d E m mU y, 'u d U U « y b « a o C ~ L (0 O O) T C O U Q L O O r a c ~ ~ c N N N E `o a y ~ O v y ~ U ~ - d N OL.. 01 C C a ~ U ~°. c .a v m E y N N p > N _T C U `o ~ N T d « v L J N S ~v U O ~ a ~? y N N ~ E m v p m L O a 5 o Q ~ d N ~ n c m y~ C_ T tp p~p N e N O O] N' ° ,~ ai y E N $ ~ t a m m n H co O A (O ~ N N O O N y ~ E ~ X C N N O Q y F~ C C t N o n `c_ 0 0 a j b , N` N C N d 'a ~ E F2-. 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M O O < V M M N V C M V' ~ r O S O O O O O S O O O O O O O S S O 0 A p p t 0 N ~ N~ N W tMO V~~ p p V N d O y y V fm0 i+I W V01 W ° g h O W VI b N N W N N Of 0 T V] N N e rn S rn m o m ~ m ~i m m v rn e rn gi m m M Nl N ~ ~ ~ r r N O O O e ;I~ ,. b h T n A r m p_ N ~ S `8 a N N OI a N O U Z C LL d K Y C F m U N 0 U a N (°O b o 0 s a A .~ ~ E ~ E o r°1 U o 0 qN N 0 O a N O O O O O O O O O O O O O O O O O O O o Oo o Oo O O O O ooO o Oo o Oo O O O O O o Oo O O O p Op O~ S O o O~ O O O S O S O O p O O O O O S S~ 0 100_ O O O S i0(I O N O O O S ~- N N N ~ ~ ~ ~ ~- e- ~ ~ ~ ~ ~ ~- M S 8 O O O S O N m h O O O S O O 8 O O N S 8 0 0 0 001 O O (O O m O O M N O O (WO O m °o °o S rn° rn rn °o ~i °o °o m m °o °o rn S m o 0 0 o g v o o rn o .n m v o 0 0 0 N N N '- r r ~ ~ ~ ~ t6 $ o 0 0 0 0 0 0 0 0$$$$$$$ o O O O O O O O O O O O O O O O O O O N N N ~V N N N N N N N N N N N N N N 0 o m ~ b r b m o o ~ m~ M o rn N O O N N f` N N O N O O a 8 8 o S o~ o 0 o s S o g a ~ a a C Yry ry C C ry C yry ry C C C C Yry Yry C C C C yry C m m m m_ 0 m m m m m 0 m m m m m m m q ~~ d$ B a o 0 o B o o S o o B o a U U U U U J J J J J J J J J J J J J J ~~ E d d m d d d d d d m d d d m E d F€€ o 0 0 o a o o a o o a o 0 0 Q LL LL LL LL O LV I` N N N ~0 N d N N N N F N N N N N C 9 9 d p d C d a 99 d pp d a V a a ''ppd 99 d y V a vv d d d N 41 d~ d m d d d d d N d d d 0 d m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N d .? a W (' 01 1p O Ol b ~ ~ ~ W O b W N N b N T ~ 10 ~O~ppf A N A O ~ 0 N O M b W ~~++11 M b Ir C O 0 0 0 O S O 0 0 0 0 0~" 0 0 0$ a E J U ~' a c 10 a O n A 01 O W A O N b O A 2 N M N V 1 > >> > I N~ ~ H a >} 5 X X$~ v b ~~ rn N S X X X y W m rn i 5( m m X X X X m X X X X 6 M CY m m M M M M M M M M ~0 ~+1 M M M M a } ~ M M M_ M_ M_ ' f M M M M M (7 f7 f' M M K~ ~ _~ M M M M M M m !v !+1 C''1 fh n M M M m !+1 aaN In U N ,~ ~ y tl ~ ~ K r O ~ ~ E ~ d N K LL s O N O~ M M I~ m M n r M M M h O M N Q rn N h O+ m M N OI m O (D O O rn m m Q Q a N O m ~'C y N~ mm y ry m ~ t00 t00 Q ~~ ~ ~~ M N N m V (O ~ M Cl ~ r ~ N m N O~ N ~ N N rn T m U) U rv vi ~ T B " ~- ~ ~ ~- r O a ~ " a c f > o m r rn m m r m n r rn n rn m o m n m .- r r m m ~ m o o o m m n a m o 0 0 0 0 o 0 0 0 ~' '- v t o 8 ' $ g g g g g ~ o 0 0 0 0$ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL ~ N N N N N N ~1 N N N N N N N N N~ $ V N N N N N N N ~' N N N N N N ~ ~ LL' O q \ e~~ ~pp e c V N N~~ O O N N O O O O O O r ~~ n ~ O N N m N ~ 0~ 0 0 n' O g L O N 0 ~ (~ (~ O~ O O f~J (~ r Owl (~ f~ a T M (~ n< (~ rn ~ T a V N ~~ M M O Nl M X 0 0 0 X 0 0 0 0 0 0 O O O 0 0 0 LL ~ 0 O O O O LL ~ V b Q N N O~ N O S S n N N YOJ S O N O N N Ornl rn N' T O y N N S V O O O N a ~ M m tD Yl N N N N N O N N N M M N N N N N N N m N N N m m m M LL Q N N N 10 U] N N N VI m YI N Yl N I(1 N N N m N m Y l N N N N N N M Q m N V b {{ pp N p n N O MA N N N O n`~ O f0~1 < M~ O ~' n N N ~ M A N ' Q~ p r N r V N N N Q N O O N N N N Y Q 1A N m N m N N m N N YJ N N N N N N N 10 10 N N N N I[I m N M Q Il m l 10 m ~ p p p p O 1!) O O O O O O O N YOI N W O N O 1l1 N O O YOI O O O 10(I m N O O O O N O YOI N ~ O N O N N N N N N N N N O, N N N N M N N N N N N N N N N m N m N O m N l+I 7 N N It) N N m N m N m Ill m N N N N N m Ill m Ill N m m N N N m N Q Q N Ill U ~ O O O O O S S S O O O O O O S S S S O ~ O O C O S O S S~ S O O O p m N O J p b I~ S o~~ O ~ p ~ p p p p th S N eJ ~ m Ynl M~ d N N tND S O N O~ N p r ONi c ' , y m p ~ p ~ rn rn rn rn ~ rn ~ rn S rn rn rn rn rn rn rn i S S W O O i O i ~ O i T m i ml O i m O f W V ~ V T i O i r T W m O O f O l N O i O i i m m ~ , ~ m N N N ~- N ~- ~- N ~ ~ ~ n1 W r ~ N N N E m O O O S S O O O O O O O O O S S S S O O O O O O O ' J O O S S S O O S o o o o o 8 8 8 8 8 8 O O O O O S O O O O O O O O S S S O O O O S O O S S O O O O O O O a p p o p 8 8 8 ~ p ( J O O S S S O O O O O O O O S S N 0 N O N O O 1~ O O S S O N O O O O C r a- 10 Cl ~ ~ ty '- M N M N N (+I N ~ " ~ ~ ~ CI O ~ N ~ N N e" M M N N ~ y C ~ L n ~ S S °o °o °o °o °o °0 8 S S 8 S °o °o °o °o S S ~°n S S S ° ° ° ° ° ° ° S S S I C o o o o o o o ~ ~ O ~ p p S S S S O pp O O pOi O O O S S 8 N O O O n O O O S S S 8 O O O N O O S S S S S N O O O O O O !~ O O O O N m O rn O O O O O O O O lO O O y O O S O S S O O O O S O S Q m O N O m O S S S O O O rn rn (/) O C M $ l O m N O f. 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(7 M 0 m N b 0 0 m m ai of m e~ J 0 m m N b m ~ of .+i M {'! ~ ~ m q o a 0 v c 9_m b N r 8 v O m O A ~ oN C m O N ~~ 6 n d O ro OI m N 0 m wi ro ro m b ri W u N Q c rv E c 00 N d 'C d H Of A a` :: C A to 7 N N c m a E U N f V r m 3 z !O d r N F N e e e `r° n n N N N P V V ~ W m m A a N N N N N N N N N b b b m m m of of ei 1~ N N In N N N N N f0 N 10 ~ ro m N N N N N vl N N N N N N ~ e e m O Q Q n ° c °c m w o u a E ~ N N ; c 0 r A r d E Q N d .~ N N O ~ C ~ r O u ~ ~ a` d ~ C N W ~ m ~ } N ~ [~- 3 c a E 0 U N 2 C d N 3 Z f0 d N N N V e < ~ n N N yO d N y< p N N ~ b N N m m N N N N o a N d `o Q o v c m 0 N z d m d O ~~. O G °y U Y n f N y °o C N 0 ~~ 6 in V N b N m N N m A °e m c yE i c 0 r H U ~ Q vi ~" m > ° sz o $ r E ~ O h a 0 0 LL C O 0 0 "s K ~ F ~ ~. A a of A L ~~ R N N M 'c .m. :C U A d N tl `m a H K H y Z d N J _ .D N 8 (G W ~ M F C y d ~ E 7 7 y ~ W > (A C d m _ - m O V ' V a C °1 ~ O m m ~ x ~ m ~ E Q LL a 9 N C fA ~ j U ni 1 ~ d N U N ~ F ~I ~~o o m N q o Q ~ v o ~ rv N r N R N h d N LL C °y u rv ~ o d c ~ O g y b e rm N d w a c w E h Y C O f d N A J Q O 0 N m .~. C A h 7 N N 1 ^ -i - B ~ ~ ~ I B ~~ ~ I a N V VI N eqi o m N ~ 1 o a o ~ rv 0 H N a Z A d f O P ~ LL G m N =y 6 ~ E O U N F ` N o_ d C ~ O 3 > ~ m ~ m y ~ o N N °m c ~ ~ ~ O 9 ~-'~4 H U g ~ Q r ~ m > o gz o ~ $ O ~ ~ a `~ O O ~ K a < o a o m Q pNp 1~1 N a r~ w A Q c rv E a 0 C O f 0 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: FEMA ASSISTANCE TO FIREFIGHTERS GRANT FY 2006 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 1. Authorize the City Manager to accept the FEMA Assistance to Firefighters Grant FY 2006 in the amount of $93,948. 2. Approve an Appropriation Adjustment recognizing the FEMA Assistance to Firefighters Grant FY 2006 funds, a transfer of 3n $23,486 in required "cash match" and appropriate the same into the FEMA Assistance to Firefighters Grant FY 2006 grant expenditure account. DISCUSSION The Santa Ana Fire Department through the Department of Homeland Security, Emergency Preparedness and Response Directorate (FEMA) has been awarded a grant from the Assistance to Firefighters Grant FY 2006 grant program in the amount of $93,948. The grant requires a 20o cash match ($23,486) for grand total of $117,434. The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. The grant funds are being used to continue the Santa Ana Fire Department's efforts in completing the purchase of diesel exhaust removal systems for our fire stations. 20A-1 FEMA Assistance August 6, 2007 Page 2 FISCAL IMPACT to Firefighters Grant FY 2006 Approval of the Appropriation Adjustment will increase revenues in the FEMA Assistance to Firefighters Grant FY 2006 revenue account (account no. 146-O1-5350-8) by $117,434, and appropriate same into the FEMA Assistance to Firefighters Grant FY 2006 Capital Equipment expenditure account (account no. 146-335-6641). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ ~~~~ ~ Steve W. Crit field Francisco Gutierrez ~ ' Interim Fir Chief ~~~xecutive Director Fire Depart ent Finance & Management Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY P '~~C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting $195,276 in the Orange County Transportation Authority Senior Mobility Program revenue accounts (account nos. 169-01-5374 and 169-01-5369-1) and appropriate funds to the Senior Mobility Program expenditure accounts (account nos. 169-255-various and 169-248-6291). DISCUSSION The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the purpose of improving transportation services for seniors in the region. Through the program, the Parks, Recreation and Community Services Agency provides transportation services to Santa Ana seniors to and from our two senior centers and various City events. For FY 2007-2008, the City of Santa Ana will receive $139,307 to continue the operation of three vehicles used for local senior transportation services. As part of the agreement the City of Santa Ana will provide a 20 percent local match, which may consist of in-kind staff resources or other contractual transportation services. Funds for the match are included in the Parka, Recreation and Community Services Agency FY 2007-08 budget. In addition, the City will receive $55,969 from OCTA to support the Vietnamese Community of Orange County's (VNCOC) senior mobility program. The VNCOC will receive $55,969 and provide the 20 percent local match required under the agreement. In turn, VNCOC will provide transportation services for the Vietnamese senior community in Santa Ana. 20B-1 Orange County Transportation Authority August 6, 2007 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Orange County Transportation Authority Senior Mobility Program revenue accounts (account nos. 169-01- 5374 and 169-01-5369-1) and the expenditure appropriations for the Senior Mobility Program (account nos. 169-255-various and 169-248-6291) by $195,276. / 1.~-`LCc~. Gerardo Mouet, Executive Dire for Parks, Recreation and Community Services Agency Approved as to Funds and Account: Francisco utierrez, /n Executive Director ,/(7 Finance & Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT RENEWAL FOR ASPHALT CONCRETE MATERIALS (SPEC. NO. OS-066) C~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vulcan Materials Co. for asphalt concrete materials for a one-year period in an annual amount not to exceed $90,000. DISCUSSION The Public Works Agency (PWA) performs a variety of maintenance and repairs to the City's water and sewer systems. Tasks include mainline leak repairs to the city's 450-mile water main system, repairs and/or replacements of the 47,000 water services, and repairs and/or replacements of the estimated 44,000 sewer laterals. As such, trench cuts are required in order to perform these repairs. The PWA Water Resources Division requires temporary asphalt concrete mix to perform trench repairs in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Maintenance Services Division. On July 18, 2005, the City Council awarded a contract to Vulcan Materials Co., a Santa Ana vendor, for a one-year period with provision for three, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a seven percent increase due to the rising costs of petroleum-based products. In addition, Vulcan Materials Co. can only offer fixed contract pricing for six months. The vendor is also requesting a $1.00 increase on all contract items, following the initial six-month contract term. Staff verified that the price increase is consistent with the market and that Vulcan continues to offer the best price to the City. The vendor has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 22A-1 Contract Renewal for Asphalt Concrete Materials August 6, 2006 Page 2 FISCAL IMPACT Funds are available in the various departmental accounts 6391). The amount of the contract is estimated, as the actual will depend upon the requirements throughout the annual period. Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/05-066.2:uc (object code expenditures 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR TRASH CAN LINERS (SPEC. NO. 07-041) ~~~~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bids from Green Concept Production, Inc., E Poly Star, and Unipak Corporation as nonresponsive to the specification. 2. Award a contract to Gale Supply Company for trash can liners for a one-year period with provision for three, one-year renewals in an annual amount not to exceed $39,985. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides plastic trash can liners to various departments throughout the City. The contract for plastic trash can liners is designed to provide quality products at significant savings based on quantity pricing. 11 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 11 Bids received 2 Bids received from a Santa Ana vendors Bids were received and opened on April 9, 2007 and evaluated (Exhibit 1). Bidders were required to submit samples of each of the 5 types of liners specified. Green Concept Production, Inc., E Poly Star, and Unipak Corporation could not provide samples in the sizes, thicknesses, and colors required and were therefore considered nonresponsive. The bid and samples received from Gale Supply Company are responsive to the specification and meet the City's requirements. 22B-1 Contract Award for Trash Liners August 6, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. Y ,~~Francisco Gutierrez ~~ Executive Director Finance and Management Services Agency FG/BP/07-041.2:uc 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TRASH CAN LINERS (Spec. 07-041) Vendor Gale Supply Ansar Enterprises, S & G Company Inc. Diversified Products Location Los Angeles Los Angeles Chino Total $ 33,735.70 $ 34,032.00 $ 35,386.90 Sales Tax $ 2,614.52 $ 2,637.48 $ 2,742.49 Cost $ 36,350.22 $ 36,669.48 $ 38,129.39 10% contingency $ 3,635.02 $ 3,666.95 $ 3,812.94 Total Cost $ 39,985.24 $ 40,336.43 $ 41,942.33 Vendor Central Poly Oak Paper Kathco Products Corporation Product Company, Inc. Location Lynden, NJ Irvine Commerce Total $ 36,209.00 $ 37,130.00 $ 40,944.60 Sales Tax $ 2,806.20 $ 2,877.58 $ 3,173.21 Cost $ 39,015.20 $ 40,007.58 $ 44,117.81 10% contingency $ 3,901.52 $ 4,000.76 $ 4,411.78 Total Cost $ 42,916.72 $ 44,008.34 $ 48,529.59 Vendor Chem Tech Waxie Products Sanitary Supply Location Santa Ana Santa Ana Total $ 41,735.90 $ 58,939.70 Sales Tax $ 3,234.50 $ 4,567.83 Cost $ 44,970.40 $ 63,507.53 10% contingency $ 4,497.04 $ 6,350.75 Total Cost $ 49,467.44 $ 69,858.28 Exhibit 1 22B-3 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR CONSTRUCTION SIGN INSTALLATION (SPEC. NO. 07-063) tt ITY 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 Award a contract to Maneri Sign Company, Inc. for the purchase and installation of construction signs for a one-year period, with provision for three one-year renewals in an annual amount not to exceed $26,700. DISCUSSION The Public Works Agency is responsible for improvements made to the City's streets, public facilities, parks, storm drains and sewers. During construction, significant projects are identified with a sign containing the motto: "a sign of things to come". In fiscal year 2007-2008, 35 capital improvement projects are identified that will warrant the posting of the sign to inform the public of improvements made by the City of Santa Ana. The notice inviting bids was advertised on June 26, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 31 Invitations For Bid mailed 8 Invitations For Bid mailed to Santa Ana vendors 2 Bids received Bids were received, opened on July 10, 2007 and evaluated. The bid received from Maneri Sign Company, Inc. is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. Bid results are as follows: Vendor: Amount: Location: Maneri Sign Company, Inc. $26,700 Gardena Highway Technologies $27,400 Santa Fe Springs 22C-1 Contract Award for Construction Sign Installation August 6, 2007 Page 2 FISCAL IMPACT The costs of the signs will be charged to the various projects in the City's Capital Improvement Program (object code 6631). APPROVED AS TO FUNDS AND ACCOUNTS: n/ Jamey G. oss SaFrancisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency JGR/WO/07-063.9:uc 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR TRAFFIC SIGNS AND RELATED HARDWARE (SPEC. NO. 07-064) ~~~~~~ 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 Award a contract to Zumar Industries, Inc., for traffic signs and related hardware for a one-year period, with provision for three, one-year renewals in the annual amount not to exceed $93,225. DISCUSSION The Public Works Agency (PWA) maintains a wide array of traffic and street name signs throughout the City. In Fiscal Years 2005-2006 and 2006-2007, 700 signs were replaced and numerous others were repaired, requiring the installation of various sized posts and mounting hardware. The materials necessary for ongoing sign maintenance operations are purchased through the Central Stores warehouse for distribution to the PWA. The notice inviting bids was advertised on June 26, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 29 Invitations For Bid mailed 8 Invitations For Bid mailed to Santa Ana vendors 4 Bids received I Bid received from a Santa Ana vendor Bids were received, opened on July 10, 2007, and evaluated (Exhibit 1). The bids were evaluated by individual product categories. The bid received from Zumar Industries, Inc., is responsive to the specifications and meets the City's requirements. 22D-1 Contract Award for Traffic Signs and Related Hardware August 6, 2007 Page 2 FISCAL IMPACT Funds are available in the Stores Inventory account (no. 75-01-1131) and will be recovered by charging back to the Public Works operating budgets. APPROVED AS TO FUNDS AND ACCOUNTS: James G. ss ,.S Francisco Gutierrez Executiv Director Executive Director Public rks Agency Finance & Mgmt. Services Agency 07-064.9:uc 22D-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TRAFFIC SIGNS AND RELATED HARDWARE (07-064) Zumar Maneri Sign Industries Company, Inc. Location Santa Fe Springs Gardena Category Description Sub total A Traffic Signs $ 37,606.07 $ 37,702.65 Sub total B Hardware $ 30,131.40 $ 76,537.75 Sub total C Decals $ 1,366.25 $ 2,534.50 Sub total D Miscellaneous Items $ 17,416.25 $ 19,347.30 Bid Total (Incl uding Sales Tax) $ 93,225.27 $ 146,671.67 California Safewway Barricade Rental Sign Company Location Santa Ana Adelanto Category Description Sub total A Traffic Signs $ 61,673.28 $ 37,694.54 Sub total B Hardware $ 58,221.65 No Bid Sub total C Decals $ 5,897.33 $ 4,229.91 Sub total D Miscellaneous Items $ 18,826.48 * No Bid Bid Total (Including Sales Tax) $ 157,401.15 N/A = Includes a 1 % Local Vendor Preference Exhibit 1 22D-3 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR SCOTT SELF-CONTAINED BREATHING APPARATUS, PARTS, AND ACCESSORIES (SPEC. N0. 07-065) CI Y MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Allstar Fire Equipment, Inc., for the purchase of self-contained breathing apparatus, parts and accessories in the amount of $85,595; and an additional $15,000 for an annual blanket contract. DISCUSSION Self-Contained Breathing Apparatus (SCBA) provides fire suppression personnel with proper protection and the ability to operate effectively during emergency situations. The recommended action allows the Fire Department to purchase an additional 16 SCBA units, increasing their current inventory of 121 units to 137. Additionally, miscellaneous parts and accessories are required to constantly maintain the units and provide individual mask fit testing. The notice inviting solicited. A summ+ follows: Bids were received follows: Vendor: Location: Amount: Allstar Fire Equipment, Inc. Arcadia $85,592.02 Fisher Scientific Company Pittsburgh, PA $87,279.62 bids was advertised on June 29, 2007 and bids were pry of the bid invitations and bids received is as 3 Invitations For Bid mailed 2 Bids received and opened on July 12, 2007. The results are as 22E-1 Contract Award for Self-Contained Breathing Apparatus August 6, 2007 Page 2 The bid received from Allstar Fire Equipment, Inc., is responsive to the specifications and meets the City's requirements. Allstar Fire Equipment, Inc., provides for the purchase of miscellaneous supplies for the Fire Department. The purchase of self-contained breathing apparatus, parts & accessories, when combined with anticipated purchases during the current fiscal year, exceeds the $25,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the Fire Department's 2006 Metropolitan Medical Response System Grant for the purchase (no. 146-334-6391, $85,595); and the Fire Department's Maintenance Section's account for the miscellaneous parts and accessories (no. 11-327-6391, $15,000). APP/RO//VED AS TO FUN~D~/S7 AND ACCOUNTS Steve Cr' chfield ~ Francisco Gutierrez Interim ire Chief Executive Director Finance & Mgmt. Services Agency SC/SP/07-065.3:uc 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD FOR PATROL SEDANS (SPEC. NO. 07-066) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended POLICE ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For ~`~ ~ / CITY MA AG R RECOMMENDED ACTION Award a contract to Wondries Fleet Provision of Los Angeles County, sedans in the amount of $349,965.07. DISCUSSION CONTINUED TO FILE NUMBER Group, under the Cooperative Purchase for the purchase of 13 police patrol The City's Fleet Maintenance Division maintains a replacement schedule for police patrol type vehicles. The vehicles, which operate a minimum of 8-12 hours per day in urban conditions, are evaluated based on mileage, age and increased downtime. As a result of this evaluation, 13 vehicles, the remaining 1997 black and white and 12 vehicles purchased in 2000, have been identified and approved for replacement for fiscal year 2007-2008. All those identified for replacement are assigned to the patrol division. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the Full-size/Large class category that includes the Ford Crown Victoria sedan. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. 22F-1 Contract Award for Police Patrol Sedans August 6, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (no. 76-145-6641). y`~ Francisco Gutierrez FG/KM/07-066.2:uc Executive Director Finance and Management Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 6, 2007 TITLE: CONTRACT AIaPARD FOR CORPORATE YARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPROVEMENTS (PROJECT NO. 07- 6006) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Fleming Environmental, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $465,849 for construction of Corporate Yard National Pollutant Discharge Elimination System Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $605,400. The City's maintenance yard was constructed in 1994 and is not in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements (Exhibit 1) This project will provide upgraded components of the existing sewer line bypass system, new structures to cover exposed material to prevent runoff into the city's storm drain system, and a bird netting system to prevent accumulation of bird feces. Once completed, the maintenance yard will operate in compliance with the NPDES permit. The Notice Inviting Bids was advertised on May 30 and June 1, 2007, bids were opened on June 14, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 5 Bids received: 2 Bids received from Santa Ana Contractors: 0 23A-1 Project No. 07-6006 Corporate Yard NPDES Improvements August 6, 2007 Page 2 NAME OF BIDDER 1. Fleming Environmental, Inc. 2. L.H. Engineering, Inc. CITY Buena Park Anaheim BID AMOUNT $465,849 $556,500 A total of two bids were received and both were responsive. The lowest bid was submitted by Fleming Environmental, Inc., for $465,849, which is above the Engineer's estimate of $300,000. The high bid received is due to specialized construction and volatile steel prices. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, No. ER 07-106 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $605,400 for the project (Exhibit 2) Funds are available in the Fred Clean Water Protection Enterprise Fund (account no. 57-635-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. R s ~ Francisco Gutierrez ;y~;-' Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\COnetrnction\RFCA-draft\2007\07-6006 Corporate Yard NPDES 8-6-07 120 WD 23A-2 z w O a 1ST ST FXHIRIT 1 MYRTLE ST - ~ ~ -~ s^"Ta a"^ Title CffY COUNCIL CONTRACT AWARD FOR CORPORATE YARD Pi AUGUST DAB; NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPROVEMENTS (PROJECT 07-6006) ~K .~~ ~K, e N Q 23A-3 3RD ST FUNDING ANALYSIS PROJECT NO. 07-6006 CORPORATE YARD NPDES IMPROVEMENTS Construction Contract $465,849 Contract Administration $21,700 Inspection and Testing $38,600 Survey Staking $9,374 Contingencies $69,877 TOTAL ESTIMATED CONSTRUCTION COSTS $605,400 Exhibit 2 23A-4 a ~d a F z O U e p ~ N D F co mm V S O S S S O S S p p 8 8 8 8 8 8 o U O v U N- w N- w N ~' J w O w Yl w ^ Vl e O w ~D '^ m • F rv w `n v i w r o ° ' S S 0 8 S S S S 8 eo (V y F, F+ ~ > ~l d O d N Vi S ~ g Q S Q S ~i ~ c V ~.+ V N.i vi ~ K pp ~p w N.. w .~ N b b to .] q S ~ ~ ~ V° S S $ $ $ $ $ °o $ °o . . • r m o e ~ a o m e ~n 0 vr 0 g . $ o o . rn V F• ~ O U N W 9 r i ~ b v T v i T ~ e F ~, I K .~ ~, .. ~ ~ ~, ~, •s S 8 8 < S 8 8 8 8 O W Y' w H ~ r ro vl ~ N a . O vi `G r O vri QQ 3 gg $ O v° m d . . Z~ ~c rv vs .~ ~ r r a ~ o: .•j C ~ U N V3 r W W ~D V W ~i 7 m p Y } fR ~ O O O O $ g g g S S S rQ~~ ~ pp Y p O 8 O 0 O 0 O $ O >° O 8 O S N 8 (.~ o ~ O ~a ~ _ y N a o «~ h S 8 8 S 8 $ S S S w F ~,,, ~., 8 8 8 ~ 8 8 ~ $ 8 ~~ z$ ~ ~ ~ o «; ~ a _ z~ W W S N M N ... ~. ... .-. .~ y sl ~ ~ J ~3 C ? m C_ P7 9_ Cq N V ~ Cp U 5 O LL c Fi ~ ~ h 2 ~ ~ ~ .~ u~ 3 ~ m °z v, ~ c77 ~ A ~, ~ @ ~ • m c '~ a T ~ T G a: ~ ~l ~ ~ ° ~ S '~ z ~ ~ d ~ ~ m v ~ m A ~ ~ ~ ~ v 5 w ~ ti c m ~ m 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: AGREEMENT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF ORANGE ITY 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to provide animal care shelter services in an annual amount not to exceed $635,071. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of operating its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing quality service to the City. For FY 2007-2008, the contract amount is estimated not to exceed $635,071. The total actual payments to the County of Orange will be based on actual usage of the services. The County of Orange Animal Shelter has performed satisfactorily and staff recommends approval of the agreement. FISCAL IMPACT Funds are available in the Police Department's Animal Services fund (account no. 011-339-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~X '..... ~, ~..o~ ~, ~_~ ~'VR CC~O~t~S .1 1~1.~. Paul M. Walters Francisco Gutierrez p fit Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25A-1 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6,2007 TITLE: AMENDMENT TO AGREEMENT WITH CALIFORNIA PROPERTY 3PECIALISTS FOR RIGHT-OF-WAY SERVICES CONTINUED TO FILE NUMBER and authorize the Clerk of the execute an amendment to the Property Specialists (CPSI) to a total agreement amount of On March 6, 2006, the City Council awarded an agreement to CPSI for $475,000 for right-of-way services for Phase I of the Bristol street widening project between Pine and McFadden. Bristol Street Phase I is part of the overall project between Warner Avenue and Seventeenth Street which is funded by the Orange County Transportation Authority (OCTA). The consulting firm of CPSI oversaw the acquisition, appraisal, relocation, and the property management for 74 residential and commercial parcels for Phase I. To date all but one residential and 80 percent of commercial parcels have been acquired. The current completion for right-of-acquisition is December 2007 which is one year ahead of estimated timeline. CPSI has been doing an excellent job negotiating with property owners, managing the consultants, and keeping the project ahead of schedule and under budget. In addition to the Bristol Street project, CPSI also is assisting the Public Works Agency with other real property services. These services are real property acquisition, relocation assistance, property management, escrow activities, surplus properties, street and alley vacations and project management. With anticipation of the additional funding for Bristol Street Phase II between Third Street and Civic Center, CPSI will provide overall right-of-way services for CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For 25B-1 Direct the City Attorney to prepare Council and the City Manager to consulting agreement with California provide right-of way services for $1,050,000. Amendment to Agreement with CPSI August 6, 2007 Page 2 acquisition, relocation and property management for the widening project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6631). ~~~ ~,~ APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Francisco Gutierrez ~~ r T~\1 Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 6, 2007 TITLE: 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 the Clerk of the Council to execute an agreement with PBS&J to provide engineering services for the widening of the on-ramps at SR-55 at MacArthur Blvd. in the amount not to exceed $346,000 including a 15g contingency. DISCUSSION The Environmental Impact Report for the MacArthur South project identified widening of the on-ramps to the SR-55/MacArthur Blvd. interchange as part of the mitigation measures for the proposed development. The widening includes adding one lane to the on-ramps at the north and south bound lanes (Exhibit 1). In addition ramp meters will be installed as part of the proposed improvements. In February 2007, the Public Works Agency issued Request for Proposals (RFP) to several consulting firms to obtain services for the proposed improvements. Four proposals were received in response to the RFP and evaluated by the Project Team consisting of City and Caltrans staff. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: FIRM RATING FEES 1. TRC 85 $773,443 2. PBS&J 80 300,959 3. Willdan 74 623,900 4. Tetra Tech, Inc 72 598,000 25C-1 AGREEMENT WITH PBS&J FOR DESIGN ENGINEERING 3SRVICES FOR THE SR-55/MACARTHUR BLVD. ON-RAMPS WIDENING (PROJECT 07-2503) SR-55/MacArthur Blvd Ramp Widening Project No. 07-2503 August 6, 2007 Page 2 The fee schedules for these firms consistent, reasonable and in line experience of key personnel, client is recommended that the firm of services. were compared. The fee for PBS&J is with staff's estimate. Because of the satisfaction and competitive rate, it PBS&J be retained for the required ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Measure M Street Construction fund (account no. 32-551-6631, project 07-2503), and Transportation System Improvement Area E (account no. 34-631-6631, project 07-2503) /'.~{,t,~VIJ ~'~'"l'I,I,'1 CL.~C,~ James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~V\1~1~L~.AL~ ~ ~ ~~ Francisco Gutierrez i~~' Executive Director 1 Finance & Mgmt. Services Agency 25C-2 EXHIBIT 1 ~ SANTd ANA ~~~ ~~ AGREEMENT WITH PBSBJ FOR DESIGN ENGINEERING SERVICES FOR THE SR-55 /MACARTHUR BLVD. u AUGUST B, 2007 ON RAMPS WIDENING (PROJECT NO.07-2503) ~ nac ~aecs ~mrr 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 6, 2007 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) Direct the City Attorney to prepare and authorize the City and Clerk of the Council to execute an agreement with Hector for the purchase of the residential property located at Bristol in the amount of $625,000. APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER DISCUSSION Manager Pantoja 302 S. 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 the entire property, listed above, is required (Exhibit 1). The purchase amounts are 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. 25D-1 Purchase Agreement August 6, 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: ~' n n y ~'~' ~~ / ~~1:'~. ~ ,,, James G. Ross `Executive Director Public Wo rks Agency Francisco Gutierrez Executive Director hi Finance & Mgmt. Services Agency 25D-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES ST. ~ AVENUE TOLLIVER MCFADDEN AVENUE MYRTLE WILLI MATCHLINE SEE ABOVE LEFT EXHIBIT 1 5""TA """ crrr couNCiL TITLE- PURCHASE AGREEMENTS FOR P~ AGENDA DATE BRISTOL STREET CORRIDOR AUGUST s, 200 (PROJECT 06-1500) ~K ~,~, Krs 25D-3 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: AGREEMENT FOR EVENT MANAGEMENT SERVICES FOR THE 2007 SEPTEMBER FIESTAS 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 negotiate and execute an Agreement with A11 Access Entertainment to provide Event Management Services for the 2007 September Fiesta to be named "Fiestas Patrias Santa Ana." DISCUSSION The September Fiesta Event has been a positive community event supported by the downtown businesses for the past nineteen years. Last year, over 200,000 people attended the event. This year, the City received several permit applications from a number of "downtown" Santa Ana community groups to host the event. City staff has been working with these groups to help facilitate consensus as to sponsorship of the event. Despite a common desire to have this year's event go forward, the downtown business community was unable to reach agreement regarding the lead host organization. As a result, these groups have requested that the City host the September Fiesta. In recognizing the great value of this event for the downtown business community and the surrounding neighborhoods and with only six weeks remaining before the event weekend, City staff is recommending that the City host the September Fiesta this year and secure the services of All Access Entertainment to act as the Event Manager. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, and insurance for the event. All Access Entertainment has provided exceptional event management services for this event in previous years. 25E-1 Agreement for Event Management Services for the 2007 September Fiestas August 6, 20C7 Page 2 The agreement shall provide that the Event Manager will be responsible for meeting the usual City requirements for special events such as insurance and security, assume all costs for organizing and conducting the event, reimburse the City for all of its costs including, but not limited to, police and traffic services, plus pay a fee to the City. In past years, the agreement between the Event Manager and the City has included a provision that the City receive a flat fee plus a percentage of the net revenue. Staff is authorized to reach agreement on a fee for the 2C07 September Fiesta and ensure that all City expenses are covered under the agreement. Proceeds collected by the City from the event will be separately accounted for. FISCAL IMPACT The City will receive a flat fee and percentage of the net revenue as finally agreed to by Staff. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ St phen G. rding Deputy City Manager for Development Services Community Development Agency SGH/NTE/mlr Francisco Gutierrez Executive Director Finance & Management is \ACT.ON ICEMS\COUNCI~\2007 CC\Ag_eeAllACCessEate rtmnt 8-6-07 lcp ecits 3.doc '~4~ Services Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: ORDINANCE PROHIBITING DROP OFF OF UNSOLICITED HANDBILLS AT A HOME CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance prohibiting the drop off of handbills at a home where the resident has notified the distributor that such handbills are unwelcome. DISCUSSION On July 24, 2007 the Council Neighborhood Improvement/Code Enforcement Committee requested preparation of a proposed ordinance regulating unwelcome handbills dropped off at residences. The ordinance would provide that handbills cannot be distributed at a home where the resident has posted a notice that handbills are unwelcome. The use of direct advertising at residences, avoiding the mails, has grown as postage rates have increased, particularly for oversized mail. Federal law prohibits placing these handbills in a mailbox. These handbills, door hangers and direct ads are being placed on the door knobs, under mats, on driveways and front yards throughout the city, regardless of whether they are welcome or unwelcome. Many of these handbills blow away onto city streets, creating litter and making neighborhoods look less desirable. Additionally, while individuals going on vacation may stop mail delivery, there is no way to stop the accumulation of residential handbills on a front stoop which may indicate to a potential housebreaker that no one is home. The proposed ordinance would prohibit handbills from being dropped off in front of a home where there has been posted on the property a small notice on or near the front door stating "no handbills" or "no solicitors." Giving written notice to a handbill distributor would also be sufficient for the resident to opt out of any handbills being left on the property by that distributor. 50A-1 Residential Handbill Ordinance August 6, 2007 Page 2 The ordinance would apply to all printed or written materials regardless of their content. The only exceptions would be mail (including other delivery services such as Federal Express or UPS) and legal notices. Due to existing severe constraints on the city's community preservation staff, this ordinance would empower each resident who has given notice that handbills were not welcome to bring an action in small claims court against any distributor who ignores the "no handbills" notice. The Council would declare in the ordinance that unwelcome handbills left at a home constitute a public nuisance. Environmental Impact Categorical Exemption No. ER 2007-115 has been adopted for this ordinance. FISCAL IMPACT There is no fiscal impact associated with this action. 2~~ i Jay Trevino Exe utive Director Planning & Building Agency BK:rb rb:repor[e/handbill ordinance 50A-2 b k:7/31 /07 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE IX TO CHAPTER 17 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING THE DISTRIBUTION OF HANDBILLS AT RESIDENCES WHERE THE RESIDENT HAS DECLINED THEIR RECEIPT 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. This Ordinance is necessary to establish reasonable and uniform, content neutral regulations that will reduce the adverse effects upon the residents of the City of the distribution of printed or written material left on residential doorsteps in defiance of the resident's expressed desire not to receive them. The public health, safety and welfare of the City requires the enactment of this Ordinance. B. Further, this Ordinance is necessary in order to preserve the City from the potential adverse effects of the distribution of unsolicited printed or written material on private premises contrary to the expressed desire of the resident including burglary, littering, the prevention of the blighting of neighborhoods and the maintenance of property values, protecting and preserving the quality of the City's neighborhoods, and the protection of the City's quality of life. Experience in this City, as well as in other portions of central Orange County such as the Cities of Anaheim, Costa Mesa and Fullerton, which all have similar ordinances, have demonstrated that such activity has objectionable effects in residential areas. C. The June 13, 2007 Los Angeles Times reports that due to recent and upcoming increases in postal rates, particularly for oversize mail, and higher response rates, delivery of materials to residential doorsteps and doorknobs may be a more attractive option for advertisers than mail service. 50A-3 D. Unlike mail service, vacationers have no way to stop the distribution of printed or written materials being left on their doorstep while they are away. Studies performed by other cities and courts have concluded that "the unauthorized depositing of literature on private property creates a serious police problem in that occupants of such property are unable to control such unauthorized depositing and the accumulation thereof is an advertisement to the criminally inclined that the property is unoccupied." E. The courts of this state have agreed that the problem of accumulating litter in residential areas is a major concern for cities, and the goal of the reduction of litter throughout the community is a legitimate and an increasingly urgent government objective. F. Courts have traditionally respected the right of a resident to bar, by order or notice, dissemination of handbills on the resident's property. Under this Ordinance, the right to distribute printed or written material is restricted only by an affirmative act of the resident giving notice of the determination that no printed or written material be left on his or her doorstep. Courts have held that: "To hold less would tend to license a form of trespass and would make hardly more sense than to say that a radio or television viewer may not twist the dial to cut off an offensive or boring communication and thus bar its entering his home." G. Pursuant to the California Environmental Quality Act, a categorical exemption (No. ER 2007-115) has been adopted with respect to this Ordinance. Section 2: Article IX is added to Chapter 17 of the Santa Ana Municipal Code to read in full as follows: ARTICLE IX. RESIDENTIAL HANDBILLS Sec. 17-140. Purpose. A. The City has a compelling need to prohibit the distribution of printed or written materials on private premises in defiance of the previously expressed will of the resident. Prohibiting distribution of printed or written material, in defiance of a resident's expressed desire not to receive them, strikes an appropriate accommodation between the rights of distributors to solicit willing 50A-4 listeners and the rights of residents to refuse to receive printed or written material at their private homes. B. This Ordinance is also aimed at decreasing the adverse effects of the distribution of unsolicited printed or written material on private premises. The prohibition against delivering printed or written material contrary to the expressed desire of the resident will decrease the amount of litter created by such at private homes which the resident has declined to receive them. The prohibition against delivering printed or written material contrary to the expressed desire of the resident will further aid in the prevention of crime by avoiding an accumulation of printed or written material that may otherwise alert a potential housebreaker that the residence may be unoccupied. Sec. 17.141. General Provisions. A. It shall be unlawful to distribute, deposit, place, throw, scatter, cast, peddle, pass out, give away, or circulate any printed or written literature of any kind whatsoever on any private property devoted to a residential use within the City when the intended recipient thereof, or the owner, occupant, or resident of any property where such literature is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive any literature. B. For purposes of this section, the following shall be deemed to be adequate and sufficient notice to the distributor or disseminator of such material: 1. Posting on or near the front door or main entrance of the property with a clearly visible sign or other notice stating, in effect, "No Handbills", "No Solicitors," or words of similar meaning, or; 2. Written communication to the distributor or disseminator of such material. C. The provisions of this section shall not apply to: 1. The distribution of the United States mail or printed or written material delivered by personal messenger or common carrier; 2. The posting of any notice required by law or order of a court of competent jurisdiction; or 3. The delivery of any printed or written material to any person who has requested delivery of the same. 50A-5 Sec. 17-142. Enforcement. A. A distributor or disseminator that continues the acts prohibited by section 17-141 of this Code after being notified in the manner indicated in said section is hereby declared to create a public nuisance. B. An owner, occupant or resident that has notified a distributor or disseminator in the manner described in section 17-141 of this Code shall have a cause of action against any distributor or disseminator that continues to illegally distribute or disseminate material in violation of this Article. C. In the absence of persuasive evidence to the contrary, the person or entity which benefited from the illegal distribution or dissemination of the printed or written material shall be presumed to be the person or entity which is responsible for the illegal distribution or dissemination of the same. D. This remedies set forth in this section are in addition to all other remedies which the City may have to enforce this Article. Section 3. 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. ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 50A-6 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 50A-7 50A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: RESOLUTION ADOPTING JOHN WAYNE AIRPORT CORRIDOR CITY COALTION POSITION STATEMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution supporting the John Wayne Airport Corridor City Coalition Position Statement. DISCUSSION The cities of Santa Ana, Anaheim, Costa Mesa, Orange, Tustin, and Newport Beach are the communities most directly impacted by noise generated by air carriers operating in the John Wayne Airport (JWA) arrival and departure corridors. In 2000, these cities became known as the Corridor City Coalition because of their collective support for amendments of the JWA Settlement Agreement which set limits on airport expansion, passenger allowance, and other elements affecting public health, the environment, and quality of life issues. In order to create a stronger coalition, a JWA Coalition City Position Statement has been developed as a unifying measure that would identify common interests and enable the cities to collectively achieve stated goals and objectives. The Position Statement acknowledges the airport's inability to service all of Orange County's air transportation demand and recognizes that there is no viable site in the County for a second commercial airport. In an effort to protect quality of life and limit noise pollution, the Coalition seeks to balance the County's air transportation demand without further expansion of JWA. The Position Statement opposes any expansion of JWA beyond its current 2007 footprint; opposes a second air carrier runway or extension of the existing runway; opposes any significant reduction in general aviation operations/facilities; opposes any changes to air carrier or general aviation noise ordinances; ensures that regional plans are consistent with 55B-1 JWA Position Statement Resolution August 6, 2007 Page 2 the legal and practical constraints on air service at JWA; opposes any attempt by out-of-county entities to assume ownership of, or operational control over JWA; and actively supports development and implementation of proposals that enable convenient access to underused out-of-county airports using roadway improvements and air passenger rail links. In addition, the Position Statement recognizes that while the Corridor Coalition cities are the most impacted by aircraft noise, all Orange County cities have an interest in JWA service levels and impacts. As such, the Coalition encourages communities to become "Coalition Supporters" by adopting the Position Statement. The Coalition will communicate regularly with, and seek input from, all Coalition Supporters. FISCAL IMPACT There is no fiscal impact associated with this action. 55B-2 jwf 7/31/07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A JOHN WAYNE AIRPORT COALITION CITY POSITION STATEMENT 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 cities of Anaheim, Costa Mesa, Orange, Santa Ana, Tustin and Newport Beach are the communities most directly impacted by noise generated by air carriers operating in the John Wayne Airport (JWA) arrival and departure corridors, and these cities have previously worked together as a coalition (JWA Coalition), and with the cooperation of the Orange County Board of Supervisors, to obtain amendments to the JWA Settlement Agreement; and, B. The Board of Supervisors and the Airport Director are to be commended for making decisions and operating JWA in a manner that balances the County's air transportation needs with residents' quality of life; and, C. JWA is, and will always be, incapable of serving all Orange County air transportation demand and that there is no viable site in the County for a second commercial airport; and, D. Air transportation demand in the County and the Southern California region now exceeds supply and that shortfall is likely to grow over time, as will the time necessary to travel to certain regional airports; and, E. This inability of JWA to accommodate all County air transportation demand, the importance of air transportation to the region's economy and the anticipated growth in regional air transportation demand are among the factors that may result in pressure to modify JWA or the rules related to aircraft operations; and, F. The JWA Coalition must always be prepared to respond to any proposal to expand JWA and must be proactive in the search for ways to satisfy more of Orange County's air transportation demand without any expansion of JWA; and, Resolution No. 2007-XXX 556'3 Page 1 of4 G. The JWA Coalition has drafted a "Position Statement" that reflects the basic principles of each city regarding JWA facilities and operations, as well as regional plans and transportation solutions that address air transportation issues throughout Southern California; and, H. The JWA Coalition believes that its cities need to continue to work cooperatively with one another, with the Board of Supervisors and with other communities to ensure that decisions regarding JWA facilities and operations are consistent with the principles outlined in the Position Statement and to thereby protect and maintain their constituent's quality of life; and, The JWA Coalition acknowledges that many other Orange County cities are also impacted by noise, traffic or aircraft emissions stemming from aircraft operations at JWA, and that all Orange County communities have an interest in the level of service at JWA. Section 2. The City Council hereby approves the Position Statement attached as Exhibit A. Section 3. The City Council hereby authorizes the Mayor and City Staff to take whatever action is necessary or appropriate to implement the Position Statement, including obtaining other public agency approval and implementation of the Position Statement. Section 4. The City Council hereby reaffirms its commitment to implement all components of the JWA strategy outlined in the General Plan and the Policy and staff is directed to take whatever action is necessary or appropriate to ensure full and timely implementation; Section 5. 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 Resolution No. 2007-XXX Page 2 of 4 55B-4 APPROVED AS TO FORM: By: Joseph W. Fletcher, 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 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 Resolution No. 2007-XXX 55 B-5 Page 3 of 4 CORRIDOR CITY COALITION POSITION STATEMENT INTRODUCTION The cities of Anaheim, Costa Mesa, Orange, Santa Ana, Tustin and Newport Beach are the communities most directly impacted by noise generated by air carriers operating in the John Wayne Airport (JWA) arrival and departure corridors. In 2000, these cities became known as the Corridor City Coalition (Coalition) because of their collective support for amendments of the JWA Settlement Agreement. The Coalition believes that continued involvement in decisions related to JWA and regional air transportation service is essential to maintain the high quality of life currently enjoyed by their residents. BACKGROUND JWA is, and will always be, incapable of serving all Orange County (County) air transportation demand and there is no viable site in the County for a second commercial airport. Air transportation demand in the County and the Southern California region now exceeds supply and that shortfall is likely to grow over time. The Coalition commends the Board of Supervisors and Airport Director for operating JWA in a manner that balances the County's air transportation needs with residents' quality of life. However, the Coalition must always be prepared to respond to any proposal to expand JWA and must be proactive in the search for ways to satisfy more of Orange County's air transportation demand without any expansion of JWA. UNDERSTANDING The Coalition agrees these actions are necessary to protect their residents: • Oppose any expansion of JWA beyond its current (2007) footprint; • Oppose a second air carrier runway or extension of the existing runway; • Oppose any significant reduction in general aviation operations/facilities; • Oppose any change to air carrier or general aviation noise ordinances; • Ensure that regional plans are consistent with the legal and practical constraints on air carrier service at JWA; • Oppose any attempt by out-of county entities to assume any ownership of, or operational control over, JWA; • In cooperation with the Board and other public agencies, actively support development and implementation of proposals that enable Orange County residents and businesses to conveniently access underused out-of-county airports using roadway improvements and air passenger rail links. OTHER AGENCIES While Coalition members may be the communities most impacted by aircraft noise, all Orange County cities have a significant interest in JWA service levels and impacts. The Coalition encourages these communities to become "Coalition Supporters" by adopting this Position Statement. The Coalition will communicate regularly with, and seek input from all Coalition Supporters. EXHIBIT A Resolution No. 2007-XXX Page 4 of 4 55 B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: SPECIAL MUNICIPAL ELECTION E'OR THE SUBMISSION TO THE VOTERS QUESTIONS ON CHANGES IN THE CITY CHARTER RELAT/ED~TO TERM LIMITS L/ G +w~-----~_ 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. Adopt a resolution: a. Ordering, calling, and giving notice of a Special Municipal Election to be held in the City of Santa Ana on February 5, 2008 for the submission to the voters of questions relating to the amendment of the City Charter b. Requesting the Board of Supervisors of Orange County to consolidate the Special Municipal Election with the Statewide Presidential Primary Election c. Establishing procedures for submission of ballot arguments regarding the Charter Amendments. 2. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for/against the proposed charter amendments, fix the date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. 3. Direct the City Attorney to prepare an impartial analysis for each of the two charter amendments submitted to the voters. DISCUSSION On May 21, 2007, the City Council directed staff to work with a Council Ad Hoc Committee appointed by the Mayor to develop a proposal related to mayoral and council term limits for placement on a future ballot. The committee, comprised of Councilmembers Benavides, Sarmiento, and Tinajero, convened in June, 2007 and asked staff to review the Charter to determine which sections would be impacted in the event the term limit provisions for elected officials were amended. The Ad Hoc Committee reviewed term limits in several large local jurisdictions throughout the state and looked at various 55C-1 Febrnary 5, 2008 Special Municipal Election August 6, 2007 Page 2 alternatives for establishing term limits for the Office of Mayor in Santa Ana. The Committee also looked at possible revisions to the current limits imposed on the City Council. The Ad Hoc Committee recommends that the Council consider placing a charter amendment on the February 5, 2008 Presidential Primary Election changing the Mayor's term of office from a two year term to a four year term, establishing term limits for the Mayor at four consecutive four year terms, and changing City Council term limits to three consecutive terms. The committee is further recommending a second charter amendment which would change board and commission term limits to three consecutive four year terms (twelve years). This second measure would only be effective if the measure related to Mayor and Council terms is adopted by the voters. (See exhibit A for a comparison of the proposed amendments with current provisions}. In order to conduct an election for placing the above measures on the ballot, State law requires the City Council to take an action calling for a special municipal election. The subject resolution establishes February S, 2008 as the date for this election. The resolution provides for the submission of the two amendments and includes the text and ballot titles for the two proposals to be adopted by the voters. Pursuant to the provisions of the California Elections Code, the City Council is required to formally request consolidation of the City's special election with the Presidential Primary election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the special municipal election of February 5, 2008 and authorizes the Board of Supervisors to canvass the election returns. California State Elections Code §9281 provides that arguments for and against any city measure may be submitted to the qualified voters of the city. The Elections Code specifies that the legislative body, or any member or members of the Legislative body authorized by that body, may submit a written argument for or against the measure. This section further authorizes any individual voter or bona fide association of citizens to write arguments, however, the Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution gives authorization to any member of the Council desiring to submit an argument for or against either or both ballot measures. 55C-2 February 5,2008 Special Municipal Election August 6, 2007 Page 3 The procedures for filing ballot arguments are detailed in the Elections Code. The procedures, as well as general guidelines for preparing arguments will be provided in a notice prepared by the Clerk of the Council and posted following adoption of the election resolution. Whenever any city measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code X9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. FISCAL IMPACT The County Registrar of Voters office has provided a tentative estimate that the cost of consolidating a special election for charter amendments with the Presidential Primary Election would be approximately $125,000-$150,000 based on current voter registration in the City and the cost of consolidated elections in prior years. Funds for these administrative costs will be available from the 2006-07 prior year-end balance in the General Fund Non-Departmental Account (Account No. Olt-012-6291) APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ ~~ Patricia E. Hea y `,,,Francisco Gutierre z Clerk of the Council U Executive Director Finance & Management Services Agency 55C-3 a H YC W W z M h U W Q a L. O ~ ~ L ~ ` .7f O6 ~ ~ G ,C L 3 t rA ~ `' C ~. ~ ~ D 6 wp p tyC ~ "' a ~ ~ ~- o 3 ~ p «W E ~ v - O N Q} ~ ~ ~ O NQ ` s C y ~ v > _ ~ ~~SLS d c'oa3 ~aa v3 n. E.-. N ~ ro '5 u crn m w ~~n p a ~~- cQ ~ ~ ~ as ~-aE p U E ~- ° a t0 ' ~ ~ ar .~ w ~ ~ ~~ Y ass ~ ~ ~ a3 a. lT0 C •t3 ~ C O ~ t6 'O N E C O ~ p U~ d w a N ~ N b Q~U ~_ (~4 m t6 N ~ m p.~ l4 aG,,} U = ,p N ~ ~ VS ~ ~ ~. N („) t6 C W ~ t6 p p t~ I _ L OD Q ...~ . s O6~`~ w- +,- L 9 4 b`O~LtRN ~•- N~~p ~ N QS 'D N .~ . C a G O N p ~6 U N ls5 N ~`. ?, 'D 43 6f O N '~ N of S j f p ~ „' ~ q N @ lV ~ C > ++ ~ N .O a •~ C ~ N C O Il L d N O N a T Z N O d C f15 0 O 'S ~~ O 41 C O d N Z RU S O m {6 " W t 'C p m y 45 ~ m 0 t3 ,. .. ... .. T . , rya , a. 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'+- T N E ~ ~m ~ zt°t d a ¢ ~U V ~ ~ ~7 o a ~ `~ rn v rr v ~" ~_ t1~ 6 U J 0 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION FOR SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER; REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL ELECTION WITH THE FEBRUARY 5, 2008 STATEWIDE PRESIDENTIAL NOMINATING ELECTION; SETTING FORTH THE LANGUAGE OF BALLOT TITLES; AND ESTABLISHING PROCEDURES FOR SUBMISSION OF BALLOT ARGUMENTS REGARDING THE CHARTER AMENDMENTS. (JWF 7127107) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. There is scheduled to be a statewide presidential nominating election to be held on Tuesday February 5, 2008. Section 2. Under provisions of the Charter of the City of Santa Ana and the California Elections Code, a special election shall be held in conjunction with the presidential nominating election to be held on February 5, 2008 and the following proposed amendments to the City Charter shall be submitted to the voters: A. A proposal to amend Section 400 of the Charter to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference; B. A proposal to amend Section 401 of the Charter to read as set forth in Exhibit B, attached hereto and incorporated herein by this reference; C. A proposal to amend Section 404 of the Charter to read as set forth in Exhibit C, attached hereto and incorporated herein by this reference; D. A proposal to amend Section 901 of the Charter to read as set forth in Exhibit D, attached hereto and incorporated herein by this reference; Section 3. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters. Section 4. The amendments shall be proposed as follows, with identification as determined in accordance with the California Elections Code: RESOLUTION NO. 2007-XX 55C-5 Page 1 of 9 Shall the Santa Ana Charter be amended to establish term limits for the Mayor of four terms of four years each and to change City Council term Yes limits to three terms? Charter Sections 400, 401 and 404. No In the event Measure _ is approved, shall the Santa Ana Charter be amended to make board and commission terms correspond with those Yes of the City Council? Charter Section 901. No Section 5. It is desirable that this special election for the City of Santa Ana be consolidated with the statewide presidential nominating election to be held on the same date and that within the City of Santa Ana, the precincts, polling places and election officers be the same for both elections, and that the Board of Supervisors of the County of Orange canvass the returns for both elections, in atl respects as if there was only a single election. Section 6. Pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange ("Board of Supervisors) is hereby requested to consent to and order the consolidation with the presidential nominating election to be held on February 5, 2008, of a special election of the City of Santa Ana to be held upon the same date for the purpose of considering certain amendments to the City Charter. Section 7. The Board of Supervisors is hereby authorized to canvass the returns of said election pursuant to Section 10411 of the Elections Code of the State of California. Section 8. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 9. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors and a certified copy of this resolution with the Registrar of Voters of the County of Orange. RESOLUTION NO. 2007-XX 55C-6 Page 2 of 9 Section 10. Section 9282(b) of the Elections Code of the State of California provides that in a local election, the legislative body may authorize any member(s) of the City Council to write arguments far or against any measure placed on the ballot by the City Council. Section 11. The City Council hereby authorizes and directs the Clerk of the Council to give preference and priority to any written argument for or against the City measures set forth above that includes a member or members of the City Council (up to five members), and then to other arguments as set forth in California Elections Code section 9287. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers 55C-7 RESOLUTION NO. 2007-XX Page 3 of 9 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 RESOLUTION NO. 2007-XX 55C-8 Page 4 of 9 Exhibit A Sec. 400. Number, selection and terms of members. The city council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, ,shall serve a term of four {4) years. The term of each member shall begin at 6:00 pm on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the city, Candidates for each office of councilmember other than the mayor shall be nominated from such ward by the electors of such ward and candidates for mayor shall be nominated by electors of the city, but all councilmembers shall be elected by the vote of the electors of the city at large. RESOLUTION NO. 2007-XX Page 5 of 9 55C-9 Exhibit B Sec. 401. Qualifications of members. To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty {30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. A person who has served twe{e} three (3) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember's sesend third consecutive full term. RESOLUTION NO. 2007-XX Page 6 of 9 55C-10 Exhibit C Sec. 404. Presiding officer, mayor. The mayor shall be a member of the city council and shall preside over the meetings of the city council. The mayor shall have voice and vote in all of the city council's proceedings and shall be recognized as head of the city government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the city council, consistent with his office. The mayor shall be elected by the voters of the city at large for a twe four-year term commencing on the same date that councilmembers from wards one, three and five are elected. as-the r. No person may be a candidate for mayor and a candidate for any other office on the city council in the same election. A person who has served four (4) consecutive terms of four (4) years each as mayor shall be eligible for appointment, nomination for or election to the office of councilmember or mayor no sooner than for a term beginning eight (8) years after completion of that person's fourth consecutive term as mayor. Short or partial terms shall not be considered in determining eligibility for nomination or election as mayor. For purposes of this charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beainning of a term and left office early for any reason whatsoever shall be deemed have served a full term. RESOLUTION NO. 2007-XX Page 7 of 9 55C-11 Exhibit D Sec. 901. Appointments, removals, vacancies, terms. (a) Except as otherwise specified in this charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the city council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards or commissions having at least seven (7) members, the city council shall select members from nominations made by the council member (or the mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, (as determined by the city council in accordance with subsection (e), below), together with nominations from any other member of the council. All other appointments shall be as determined by this charter, or by the city council from time to time. (b) Vacancies from whatever cause arising shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. All terms shall begin on the same date as city councilmember terms as provided in section 400 of this charter. (c) If a member of a board or commission absents himself from three (3) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city, his office shall become vacant and shall be so declared by the city council. (d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served twe-{~) three 3 consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the city council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a {-2} 4 four year term which coincides with that of the Mayor, and which shall be limited to three 3 consecutive terms ^{ ~^~^ ~" ~~°^~° ^^^~. Short or partial terms (as defined for city council in Section 401 of this Charter) shall not be considered. Unless otherwise provided by ordinance of the city council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, the terms of three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1 ), as designated by the city council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for RESOLUTION NO. 2007-XX Page 8 of 9 55C-12 appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. (e) The city council shall determine which members of such boards and commissions serving as such at the time of the April, 1983 general election shall serve shortened or extended terms. Beginning with terms starting immediately following the 2006 general election, for board and commissions with at least seven members, the city council shall designate board and commission seats by ward, and one city-wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 901. Residency in that ward is not required. RESOLUTION NO. 2007-XX Page 9 of 9 55C-13 55C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2007 TITLE: PUBLIC HEARING: SEWER SYSTEM MANAGEMENT PLAN DEVELOPMENT PLAN AND SCHEDULE ,~ ) ~ '~L (~~i- 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 Adopt the Sewer System Management Plan Development Plan and schedule. DISCIISSION The California Regional Water Quality Control Board (RWQCB) adopted Order No. 2006-0003 on May 2, 2006. The order requires proper operation and maintenance of the City's sewer collection system and regulates sanitary sewer overflows (SSOs) from the system. Waste discharge requirements are established that are intended to protect the beneficial uses of surface waters and beaches in Orange County. Order No. 2006-0003 requires the City to prepare and implement a comprehensive Sewer System Management Plan (SSMP). The main goal of this plan is to prevent sanitary sewer overflows (SSO's) and to provide a plan and schedule for measures to be implemented to prevent future SSO's. The City prepared a SSMP in September, 2005. This document contains most of the provisions required under Order No. 2006-0003. City staff will be providing updates and revisions to the SSMP as required in Order No. 2006-003. While the City's current SSMP meets the major goals of Order No. 2006- 0003, the Order requires Council adoption of a Development Plan and Schedule to revise the SSMP. The proposed Sewer System Management Plan Development Plan and Schedule will meet this requirement. All of the SSMP revisions required in Order No. 2006-0003 must be completed by May 2, 2009. Once the SSMP revisions are complete, another public hearing will be held for Council adoption of the final SSMP. 75A-1 Public Hearing - Sewer System Management Plan Development Plan and Schedule August 6, 2007 Page 2 fiNVIRONMTNTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact associated with the adoption of this development plan or the final SSMP. However, the SSMP requires a sewer main replacement program that will require significant capital expenditures. The costs for sewer main replacements will be paid out of the Sanitary Sewer Service fund. (account 56-575). APPROVED AS TO FUNDS AND ACCOUNTS: s G. Ross Francisco Gutierrez utive Director Executive Director is Works Agency Finance & Management Services Agency 75A-2 SEWER SYSTEM MANA GEMENT PLAN DEVELOPMENT PLAN AND SCHEDULE (SSMP) for the City of Santa Ana July 25, 2007 Y:\Water Opera[ions\Engineering\O[her Agencies\OCSD\Waste Discharge Requirements Order\SSMP\SSMP DEVELOPMENT PLAN AND SCHEDULE 75A-3 SEWER SYSTEM MANAGEMENT PLAN DEVELOPMENT PLAN AND SCHEDULE Introduction The City of Santa Ana has completed the Sewer System Management Plan (SSMP) Development Plan and Schedule in accordance with the requirements of the Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. Because the Santa Ana Regional Water Quality Control Board (Region 8) issued a local Sewer WDR (Order No. R8-2002-0014) to north Orange County, many of the required Plans and Programs of the General WDR have already been developed and initiated or even completed in some cases. The existing SSMP prepared in response to the Region 8 Board WDR will be revised and amended as required to comply fully with the new Statewide WDR . When completed, the SSMP will be recommended for adoption by the City Council. CiTy staff will continually update the plan and bring it back to Council at intervals as specified in the WDR for approval. 75A-4 Table of Contents Required sections of the Sewer System Management Plan are: Page INTRODUCTION ............................................................... 2 (i) Goals .................................................. .......... 4 (ii) Organization ..................................................... .......... 4 (iii) Legal Authority ..................................................... .......... 6 (iv) Operation and Maintenance Program ........................ ......... 8 (v) Design and Performance Provisions ........................... ......... 11 (vi) Overflow Emergency Response Program .................. ......... 12 (vii) FOG Control Program ........................................... ......... 13 (viii) System Evaluation and Capacity Assurance Plan .......... ........ 14 (ix) Monitoring and Program Modifications ..................... ....... 16 (x) SSMP Program Audits ............................................. ......... 17 (xi) Communications ..................................................... ........ 18 SCHEDULE ..................................................................................... ............ 18 3 75A-5 (i) Goals: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. The City of Santa Ana recognizes the importance of protecting ocean water quality by preventing sewer spills and has tailored its existing sewer system maintenance practices to comply with the new Waste Discharge Requirements (WDR). (ii) Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of this Order. The authorized representative for the City oi' Santa Ana is: Thom Loughran, Water Resources Manager (714)647-3318 (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program, including lines of authority by organization chart or similar document with a narrative explanation; and The City of Santa Ana has a current organization chart showing the lines of authority of the administrative and field staff for the Water Resources Division, Sewer Maintenance Section. A copy of this organization chart is attached. Telephone numbers for all of the positions are included in the Public Works Agency after hours callout manual. This manual is used by all Water Resources Division staff, including emergency sewer responders, for assistance during emergencies. 4 75A-6 SEWER SYSTEM ORGANIZATION CHART WATER RESOURCES MANAGER (714)647-3318 PRINCIPAL CIVIL ENGINEER FOG CONTROL PROGRAM MANAGER (714)647-3317 Cesar Barrera Senior Civil Engineer (714) 647-3387 WATER MAINTENANCE SUPERVISOR (714)647-3344 Vacant WATER MAINTENANCE CREW LEADER SEWER REPAIR CREW 2 EQUIPMENT OPERATORS 2 MAINTENANCE WORKER II VIDEO SEWER CLEANING CREWS SECTION 7 OPERATORS THAT MAINTAIN SEWER LIFT STATIONS (2 CREWS) 2 EQUIPMENT OPERATORS 2 MAINTENANCE WORKER II 75A-7 (c) The chain of communications for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). The Water Resources Manager is responsible for overseeing the reporting process. The Water Maintenance Supervisor receives the spill report from the field crew and prepazes a draft report. The Water Maintenance Supervisor is also responsible for notifying other agencies, including the Regional Water Board, Orange County Health Care Agency, and OES if applicable. The draft is then reviewed with the Principal Civil Engineer and Water Resources Manager with consideration given to volume calculations, vacuum and wash down operations, cause of spill, timeliness of response, etc. After discussions/reviews are complete, the report entered into the CIWQS on-line spill reporting database. The Water Resources Manager reviews the spill report and certifies the spill in the CIWQS database. (iii) Legal Authority: Each Enrollee must demonstrate, through collection system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc); The City of Santa Ana currently enforces Orange County Sanitation District regulations prohibiting the dischazge of rainfall to the sewer system. This is done through the City's existing development approval process. No connections from any potential source of runoff are allowed to the City's sanitary sewer system. City Ordinance NS-2670 contains provisions that prohibit the discharge of chemicals, unauthorized debris, pollutants, and any solid or viscous substances that could cause obstruction to flow in the sewer collection system. 75A-8 (b) Require that sewers and connections be properly designed and constructed. The City of Santa Ana has standard plans and specifications for the construction of sanitary sewers, which insure the sewer lines and connections are properly designed and constructed. The City's Specifications by reference incorporate the Standard Plans and Specifications for Public Works Construction (Green Book), which helps insure proper design and construction of sewer facilities. (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency: The City of Santa Ana currently does perform repairs and/or replacements of damaged sewer laterals for the portion of the lateral located within the public right of way. Current City codes provide access to all facilities located within the public right of way. (d) Limit fats, oils, and grease and other debris that may cause blockages, The City of Santa Ana recognizes the significant impacts to sewer collection system operation caused by fats, oils and greases (FOG). In November of 2004, the City adopted a comprehensive FOG control ordinance (Ordinance NS 26-70). This ordinance establishes the legal authority required to implement a comprehensive FOG control program. (e) Enforce any violation of its sewer ordinances. Santa Ana sewer ordinances are currently enforced under Administrative Citation provisions of the municipal code. Public Works Agency Sanitation Inspectors have citation authority to enforce sewer ordinance provisions. 75A-9 (iv) Operation and Maintenance Program. The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities. The City has a Sewer Atlas that shows the location of all sewer mains, manholes and pumping stations. The City does not have any pressure pipelines in the sewer system. The Atlas also has reference numbers to the particular construction plans that were used to build each portion of the system. The map is created and maintained by the Water Engineering Section. Currently, a Senior Civil Engineer and two Assistant Engineers are responsible for creating and updating all of the sewer maps and related databases. The Senior Civil Engineer also oversees the sewer video inspection program, as well as the sewer main condition assessments. The Senior Civil Engineer reports directly to the FOG Control Program Manager. The City has completed the conversion of all 186 manually drafted map sheets into a digital sewer atlas. The locations of all the storm water conveyance facilities are shown on separate maps prepared by the Public Works Agency Design Division. City sewer maintenance staff members recognize the link between a sewer spill and its travel in a storm drain facility to the receiving waters. The City educates its staff to understand the storm drain network and capture a spill before it has entered the storm drain system. 75A-10 (b) Describe routine preventative operation and maintenance activities by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders: The City of Santa Ana has prepared a Sewer System Preventative Maintenance Plan (SSPMP) as require by the previous Region 8 WDR (Order No. R8-2002-0014). This plan will be revised and included in the Operation and Maintenance Program task element due on November 2, 2008. The City of Santa Ana has historically cleaned the sewer system once a year and continues to do so today. Once a year is the industry standard for agencies with comprehensive sewer maintenance programs. Areas needing more frequent cleaning - known as hot spots -are cleaned on a monthly or weekly interval. These are the inverted siphons that run under flood control channels or commercial areas with multiple restaurants. The City has two sewer cleaning trucks, each with atwo-man crew. In addition to these four workers, the City's Water Production staff maintain the two sewer lift stations. A total of seven production operators are trained in pump maintenance. In addition to the daily cleaning of the gravity sewer lines by the two man crews, the City has a sewer lift station maintenance program. The City performs weekly inspections of the lift stations, along with periodic equipment servicing based upon the manufacturer's recommendations and industry standards. 75A-11 (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; The City of Santa Ana has prepared a Sewer System Infrastructure Maintenance System (SSIMS) as required by the previous Region 8 WDR (Order No. R8-2002-0014). This system is currently being revised and a new system will be included in the Operation and Maintenance Program task element due on November 2, 2008. (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and The City of Santa Ana has purchased two vacuum trucks so that City workers can respond directly to spills without calling a contractor. This has helped expedite the response to spills and insure that spills are contained and cleaned up in the shortest time possible. City sewer maintenance staff are trained in-house to properly clean and maintain the sewer collection system, as well as respond to spill emergencies. Water production staff are trained to operate and maintain all city pumping facilities and related equipment, including the two sewer lift stations. 10 75A-12 Although not required, City maintenance staff are encouraged to obtain California Water Environment Agency (CWEA) training and certification. Several staff members have received certification through this program. (e) Provide equipment and replacement part inventories, including identification of critical replacement parts. The two sewer lift stations each have two pumps, if one pump fails, the other pump runs until repairs are made. Both lift stations were equipped in July 2001 with automatic backup emergency diesel generators. An inventory of pipe and equipment is maintained at the City yard to make repairs to small sewer mains and laterals. The City has two vacuum trucks to insure availability of this equipment at all times. (v) Design and Performance Provisions: (a) Design and construction standards and specification for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and The City's standards for the proper installation and inspection of sewer lines are discussed in Section (iii) (B) above. Additionally, the City has standardized its use of equipment in the pumping stations for ease of maintenance and replacement. This includes the pumps, liquid level indicators, electrical components, valves, piping and radios. The City uses sewer lining technology where these methods are cost effective and practical. The City has adopted the American Public Works Association Standard Specifications for Public Works Construction ("Greenbook") as its standard specification 11 75A-13 for sewer projects. The Greenbook specifications for pipeline rehabilitation are used as the standard for City projects. (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. The City of Santa Ana has developed standard plans and specifications for the construction of new sewer infrastructure. Inspection and testing of new construction is accomplished by trained City Public Works Agency construction inspectors. These inspectors insure that all sewer projects are completed in accordance with the City's standards. (vi) Overflow Emergency Response Plan -Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with this MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; 12 75A-14 (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. The City of Santa Ana currently has a Sewage Spill Procedures plan and is following the notification procedures based on the new CIWQS on-line SSO Reporting System Database. This plan will be reviewed, amended and updated to fully comply with all of the items in section (vi) of the WDR. The plan will be completed by November 2, 2008 as required in the WDR. (vii) FOG Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; 13 75A-15 (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities an/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. A major collaborative effort took place in this SSMP requirement during the development of our existing SSMP. A FOG Control Program Manual was developed to specify the key elements of our ongoing FOG Control Program, and will be further discussed and updated (as necessary) by the November 2, 2008 date as required in the WDR. (viii) System evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic 14 75A-16 capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity enhancement measures: The steps needed to establish ashort- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. 15 75A-17 The 2003 Sewer Master Plan Update and Infiltration and Inflow Study analyzed the capacity of larger city sewers (generally 10 inch diameter and larger) for peak flow conditions under both dry and wet weather conditions. Deficient sewer line segments are identified for prioritization in the capital replacement program. No dry -weather hydraulic capacity deficiencies exist to staffls knowledge, and recent projects have eliminated the major known wet-weather related deficiencies. We are working with OCSD on ajoint project to correct a deficiency on the Bristol Street Trunk sewer, portions of which are owned by both OCSD and the City of Santa Ana. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; The City of Santa Ana has created and uses extensive data sets to monitor SSMP related activities. Enhancements to the data collection and analysis activities are in process, including a portable digital map based system for field use. When complete, this system will be used by engineering and maintenance staff to more efficiently operate and maintain the sewer collection system. This system will enhance analysis and prioritization of SSMP activities. (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; The City of Santa Ana has assigned a Senior Civil Engineer to oversee the implementation of all SSMP activities. This position works closely with the sewer maintenance crews and FOG sanitation inspectors to implement all of the SSMP activities. 16 75A-18 SSMP activities aze also discussed at bi-weekly staff meetings with the Water Resources Manager and division supervisors. Additional meetings to assess the effectiveness of individual elements aze held as needed. (c) Assess the success of the preventative maintenance program; Santa Ana has for many years used two in-house crews to clean sewer collection pipelines on an annual basis. We believe this program has been very effective in reducing both the number and size of SSO's to a very low level. The Water Maintenance Supervisor is in charge of the routine preventative maintenance program. Line cleaning methods and schedules are continuously modified as needed based upon changed field conditions. This position works closely with the Senior Civil Engineer to use available technology enhancements to improve the effectiveness of the maintenance program. (d) Update program elements, as appropriate, based on monitoring or performance evaluation; and The SSMP and its elements will be updated in accordance with the results of the monitoring described herein. Revisions to the FOG program as well as the Sewer Spill Procedures have been made in the past, and additional program revisions will be made as required. (e) Identify and illustrate SSO trends, including frequency, location, and volume. The City of Santa Ana has records of all SSOs dating back to 1999. Using this data, we track SSO trends and make program adjustments as required. (x) SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report 17 75A-19 must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. The City of Santa Ana will develop an internal audit program to evaluate the effectiveness of the SSMP and our compliance with the SSMP requirements. SSMP Deficiencies identified in the audit process will be corrected with program updates as required. The program audits will be implemented by the May 2, 2009 date as required in the WDR. (xi) Communication Program -The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. The City of Santa Ana is currently using it's website to convey information on the FOG control program to the public. This medium can be expanded to include other program elements. The public will also be informed during the public heazing process as the SSMP and updates are adopted. SCHEDULE The City of Santa Ana acknowledges and agrees to the WDR time schedule as outlined in the table below: 18 75A-20 _ _ ~~ Boaz. -l ~~.,,il.. Sidon ~ a 491~it98 ~ _ _ Fpp4~14t10A P.p,~utaibn 1~e4~+ean 9etween ~ ~ - ~°n ~ ~ I q pp amt 49.804 t0.9~ an6 2,60 ! 0 , _ --- SSMP Development Plan and -, '. -------- ~ '~. ~ _ '. _ r-- ~ Schedule '~, ~ August 2, 2007 '~, November 2, 2007 '~, February 2, 2008 '~.. May 2, 2008 : No Specific Section ' '~, ', ', Goal ~I j I '. Section D 13 (~) ,___._.._._.. ____ -- ~ November 2, I November 2, 2007 i --~ 2007 May 2 2008 ' ~'. May 2, 2008 ' Organization ~ '~, ', Section D 13 (ii) ~ - '. Legal Authority Section D 13 (iii) ~~ '~ ' -----. _._.......-- --. - Operation and Maintenance ' -1 i ~ I '. Program ~ ~ Section D 13 (iv) ---_--- ---...._. __ '. November 2, ' November 2 ~: y ~ Ma 2 2009 ', February 2, ~. ~ Overflow Emergency , '~, 2008 I 2009 ', 2010 Response Program Section D 13 (viJ ', I, FOG Control Program ~'~. '~.. ', Section D 13 (iivJ -~ I ~ Design and Performance ', Provisions ', ~ ~~ Section D 13 (v) -._ _' '. System Evaluation and '', , Capacity Assurance Plan j ~ ~ ' Section D 13 (viii) ---- "~~. ', ~ ', Monitoring and Program Modifications '. '. '. ~ May 2, 2009 August 2, 2009 May 2, 2010 August 2, 2010 Section D 13 (ix) ', '~, ! ' Program Audits ~ '.. Section D 13 (x) , '. '~. Communication Program ~! ' ', Section D 13 (xi) '~, , ~ '~.. Final SSMP Implementation ~I ~ ~~ ~~ End of SSMP Development Plan and Schedule 19 75A-21 75A-22 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 6, 2007 TITLE: CONTRACT AWARD TO PREPARE THE GENERAL PLAN HOUSING ELEMENT UPDATE AND COOPERATIVE AGREEMENT / ,,/// ~ (~ M pv' CITY MANAGER ~1FXECUTDIRECTOR i RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Omiinance on 1st Reading ^ Orrlin ance on 2nd Reading ^ ImFdementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a contract with The Planning Center to prepare the General Plan Housing Element in an amount not to exceed $227,670. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) to use $25,000 of Agency funds on the General Plan Housing Element. COMMUNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director of the Community Redevelopment Agency and the Agency Secretary to execute a Cooperative Agreement with the City of Santa Ana to supply an amount not to exceed $25,000 for use in preparation of the General Plan Housing Element. DISCUSSION As required by State law, Santa Ana's General Plan Housing Element is to be updated and forwarded to State of California Housing and Community Development by June 30, 2008. Last updated in December 2000, the Housing Element identifies the City's plan, programs and policies to ensure the 80A-1 Contract Award to Santa Ana General August 6, 2007 Page 2 Prepare the Plan Housing Element provision of adequate housing choices for the Santa Ana community. In addition, the Housing Element will provide an inventory of vacant or underutilized land with the potential to develop the City's 3,393 housing unit share of the Regional Housing Needs Assessment (RHNA). The General Plan Housing Element effort will include a summary of Santa Ana's existing demographic and housing characteristics; identify progress on the goals and implementation actions set forth in the existing 2000 Housing Element, multi-lingual community workshops for input by policymakers, stakeholders and the residents; detail locations that allow for future housing growth to serve the Santa Ana community and regional market; and a planning document that frames Santa Ana's Housing policy and goals for the future. A Request for Proposals was distributed to eleven planning consulting firms in late May 2007. In response to the Request for Proposals, staff received proposals from three highly-qualified planning firms: The Planning Center, RBF Consulting and Hogle-Ireland. After reviewing the proposals, Planning and Housing staff conducted interviews with each of the consulting teams. At the conclusion of the interviews, together with an analysis of the proposals submitted, staff determined that The Planning Center was best qualified to assist in the preparation of the Housing Element update. The total contract amount for the preparation of the General Plan Housing Element will not exceed $227,670. FISCAL IMPACT Funds in the amount of $135,000 are available in the CDBG fund for General Planning Projects (account no. 135-149-6291, project no. 08- 7603), funds in the amount of $57,670 are available in the Planning and Building Agency account for other contractual services (account no. 11- 505-6291), funds in the amount of $25,000 are available in the Merged Housing Set Aside funds (account no. 507-508-6291, work order no. 62017), and funds in the amount of $10,000 are available in the Air Quality Management fund (account no. 31-505-6291). The total contract amount will not exceed $227,670. 80A-2 Contract Award to Prepare the Santa Ana General Plan Housing Element August 6, 2007 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: ~/\ y ~~ TI~C~CC\~1~1L1~ ~~. Ja~y~I1. Trevino Francisco Gutierrez ~~ ~~/' Executive Director Executive Director ~j Planning & Building Agency Finance & Management Services Agency 1 Nancy T. dwards Assistant Director Community Development Agency MGM:rb Mgm:HOUeing200B/RFP/RFCACOnt ract.joint cc -cra 80A-3 80A-4 REQUEST FOR AGENCY/ COUNCIL ACTION MEETING DATE: AUGUST 6, 2007 TITLE: PUBLIC HEARING - AGREEMENT FOR SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND MARTIN INVESTMENT COMPANY FOR REMNANT PARCEL IN THE MERGED REDEVELOPMENT PROJECT AREA ~~~~ ~- CITY MANAGER ~~p~XECU E DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to an Agreement for Sale of Real Property and Escrow Instructions between the Community Redevelopment Agency and Martin Investment Company, a California Limited Partnership, for the sale of certain real property in the Merged Redevelopment Project Area generally located in the 1300 block of S. Ritchey, and approving the sale of said real property upon the terms and conditions contained in that Agreement. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a resolution approving an Agreement for Sale of Real Property and Escrow Instructions with Martin Investment Company, a California Limited Partnership, for property generally located in the 1300 block of S. Ritchey. DISCUSSION In the mid 1980s, the Redevelopment Agency acquired land from Santa Fe Railroad for development of the Santa Ana Auto Mall. Part of that acquisition included a remnant strip of land (rail spur) on the west side of Ritchey Avenue across from the Auto Mall, Exhibit 1. Martin Investment Company (Buyer) owns several parcels of land immediately south of the Agency owned property. In order to maximize the development 80B-1 P. H. - Agreement Real Property and Martin Investment August 6, 2007 Page 2 for Sale of Escrow Instructions - Company options, they propose to purchase the Agency owned parcel and incorporate it into their project. Martin Investment Company has received Site Plan approval and is currently in plan check for a development consisting of three new industrial buildings totaling 31,900 square feet. There is an existing 24,010 square foot industrial building that will remain on the adjacent site currently owned by the Buyer. The project will also include consolidation of the lots. The remnant parcel owned and is consistent with th parcel has been appraised The highest and best use southerly parcel. ENVIRONMENTAL COMPLIANACE by the Agency is zoned M-1 (light industrial) e proposed development. The 22,005 square foot for $350,000 by an independent fee appraiser. of the property is assemblage to the adjacent In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption ER No.2007-105 will be filed for this project. FISCAL IMPACT Proceeds from the sale of the property to the Redevelopment Agency in the amount of $350,000 will be deposited in the Merged Redevelopment Sale of Land account (account no. 570-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. wards /_. Francisco Gutierrez ei,,J Assistant Director Executive Director I Community Development Agency Finance and Management Services Agency SGH/VU/mlr H:\ACTIONS\2007 CC\P. H. JT CC-CRA AgreeSaleYrop-Martin Investment 8-6-07 Ml.doc 80B-2 -~ ~ MC FADDEN AVENUE 0 0 c 0 W W R N W W Q F N WIISHIRE AVENUE auTO Mq << O 9, } z = o F DAN GURNEY DR• BORCHARD AVENUE I APN 402-072-05 & 06 o Martin Investment Co. Exhibit 1 80B-3 7/23/07 LES RESOLUTION NO. 2007- A RESOLUTION OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY OWNED PROPERTY GENERALLY LOCATED IN THE 1300 BLOCK OF SOUTH RITCHEY AVENUE, SANTA ANA, CALIFORNIA; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY 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 Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") purchased the property generally located in the 1300 block of South Ritchey Avenue in the 1980's from Santa Fe Railroad for development of the Santa Ana Auto Mall, located in the Merged Redevelopment Project Area. B. Part of that acquisition included a remnant strip of land on the west side of Ritchey Avenue across from the Santa Ana Auto Mall. Martin Investment Company (Buyer) owns several parcels of land adjacent to the Agency owned property. C. In order to maximize the development of the site, Buyer proposes to purchase the Agency owned parcel (the Remnant Parcel) and incorporate it into its development project. Buyer's project has received Site Plan approval and is currently in plan check for a development consisting of three new industrial buildings totaling 31,900 square feet. There is an existing 24,010 square foot industrial building that will remain on the adjacent site currently owned by Buyer. The project will also include the consolidation of the lots by the Buyer. D. The Agency proposes to sell the Remnant Parcel to the Buyer at its current appraised value, as established by an independent fee appraiser, pursuant to the terms and provisions of a Sale Agreement (hereinafter referred to as the "Agreement"). E. The City has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the provisions of applicable state and local laws and requirements. F. The City and Agency held a public hearing on the sale of the Remnant Parcel and the Agreement as required by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. 80B-4 G. The proposed sale of the Remnant Parcel is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2007-105 will be filed for this project. H. The City recognizes that it has received and heard all oral and written objections to the proposed sale of the Remnant Parcel, and that all such oral and written objections are hereby overruled. I. The City hereby finds and determines that the information set forth herein is true and correct. J. The City hereby approves the sale of the Remnant Parcel to the Buyer at its current appraised value. Section 2. Pursuant to section 33433(b) of the California Health & Safety Code (Community Redevelopment Law), the City Council finds that the consideration is not less that the fair market value at the property's highest and best use in accordance with the redevelopment plan. Section 3. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 80B-5 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: 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. 2007- 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 3 80B-6