HomeMy WebLinkAbout FULL PACKET_2006-07-17CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
May 23, 2006
CALL TO ORDER
,,,
The meeting was called to order at 5:45 p.m. in the Council Chambers, 22 Civic Center
Plaza, Santa Ana.
ATTENDANCE
The following Committee members were present: Lisa Bist and Alberta Christy
Absent: Carlos Bustamante
Staff present were: Jay Trevino, Executive Director Planning and Building Agency; Kenneth
Adams, Assistant Director Planning and Building Agency; Ben Kaufman, Chief Assistant
City Attorney; Bruce Dunams, Community Preservation Manager; and Steve Gutmann,
Supervisor of Inspections.
AGENDA ITEMS
APPROVAL OF MINUTES -APRIL 25, 2006 MEETING
Approved by a vote of 2:0 (Bustamante absent)
2. PRE-SALE INSPECTION PROGRAM
Bruce Dunams provided an overview of the history of the pre-sale inspection
program effort by the council committee. As part of the staff presentation he
highlighted the meeting between staff, local real estate professionals and
members of the neighborhood communication linkage organization. His
discussion covered the list of issues brought to the table by both groups.
The real estate industry preferred an amended local disclosure program to the
institution of a pre-sale inspection program. Whereas the community linkage
representatives were strong advocates of the program because they felt it would
get at a variety of significant issues facing Santa Ana. Mr. Dunams stated that
the meeting allowed the two groups to have a positive discussion about local real
estate issues facing Santa Ana without any rancor since both sides had
significantly differing opinions.
The Committee members engaged in considerable discussion about the "local
option" real estate transfer disclosure statement. Staff provided a detailed
analysis of the statement and highlighted the strengths and weakness of the
"local disclosure" proposal. The Committee members felt the "local disclosure"
13B-1
option had some positive merits but would not address the major occupancy and
illegal construction issues facing this community.
The committee briefly discussed experiences of pre-sale inspection experiences
of other communities. The discussion focused primarily on the exemptions
granted from the inspection program from other cities.
The Committee then directed staff to schedule the matter for review by the entire
City Council, with a NI/CE Council Committee recommendation for a full scale
pre-sale inspection program. The Committee recommended inclusion of an
amnesty program and list of exemptions from the program.
3. PUBLIC COMMENTS ON NON-AGENDA ITEMS -None
4. COMMITTEE MEMBER COMMENTS -None
5. ITEMS FOR NEXT MEETING
A. Shopping Carts Discussion
6. NEXT MEETING DATE: Tuesday, June 27, 2006
ADJOURNMENT - 6:30 P.M.
~~~
Kenneth Adams
Assistant Director
Planning & Building Agency
KA/rb
S: Council ComMNICE CCMICE Minutes 05-23-08
Neighborhood ImprovemenVCOde
Enforcement Council Committee Minutes
May 23, 2006
13 B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
ANNUAL STATEMENT OF INVESTMENT POLICY
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 s' Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a Resolution approving the City's Investment Policy.
2. Receive and file the Annual Statement of Investment Policy.
The Finance and Management Services Agency Executive Director annually
renders to the City Council a Statement of Investment Policy. The
purpose of the policy is to provide for the prudent investment of idle
funds. The criteria for selecting investments and the order of priority
are safety, liquidity, and yield. The investment policy applies to all
financial assets of the City.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~_~ ~,~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
19C-1
CITY MANAGER
CITY OF SANTA ANA
Statement of Investment Policy
July 2006-2007
EXHIBIT 1
19C-2
CITY OF SANTA ANA
STATEMENT OF INVESTMENT POLICY
NLY 2006/2007
INTRODUCTION:
This statement is intended to outline the policies for prudent
investment of idle City funds by providing guidelines for suitable
investments while maximizing the efficiency of the City's Cash
Management Program.
Under the direction of the Executive Director, Finance and Management
Services, the responsibility for the day to day investment of the
City's funds is delegated to the Treasury Manager only. The investment
policy applies to all financial assets of the city and are pooled in an
actively managed portfolio. The investment pool or portfolio will be
referred to as the "Fund" throughout this document. Bond proceeds
shall be invested in accordance with requirements and restrictions
outlined in the bond documents. Bond proceeds are not considered part
of the Fund nor subject to this Investment Policy.
The City's Cash Management Program is designed to accurately monitor
and forecast expenditures and revenues, thus enabling the investment of
funds to the fullest extent possible. Maturities are matched as close
as possible to coincide with cash requirements.
The investment policies and practices of the City of Santa Ana are
based upon Federal, State and Local law and prudent money management.
The primary goals of these policies are:
1. To assure compliance with all Federal, State and Local
laws governing the investment of monies.
2. To provide for the safety of principal and sufficient
liquidity.
3. To provide an investment return within the parameters of this
Statement of Investment Policy and the Investment Portfolio
Guidelines.
Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with the proper
execution and management of the investment program, or that could
impair their ability to make impartial decisions. Employees and
investment officials shall disclose any material interests in financial
institutions with which they conduct business. They shall further
disclose any personal financial/investment positions that could be
related to the performance of the investment portfolio. Employees and
officers shall refrain from undertaking personal investment
transactions with the same individual with whom business is conducted
on behalf of their entity.
19C-3
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
OBJECTIVES:
1. SAFETY OF PRINCIPAL - Safety of principal is the foremost
objective of the City of Santa Ana. Each investment transaction
shall be undertaken in a manner that seeks to ensure preservation
of capital in the overall portfolio. The objective will be to
mitigate credit risk and interest rate risk.
A. Credit Risk
Credit Risk is the risk of loss due to the failure of the security
issuer or backer. Credit risk may be mitigated by:
- Limiting investments to the safest types of securities;
- Pre-qualifying the financial institutions,
broker/dealers, intermediaries, and advisors with which
an entity will do business; and
- Diversifying the investment portfolio so that potential
losses on individual securities will be minimized.
B. Interest Rate Risk
Interest rate risk is the risk that the market value of securities
in the portfolio will fall due to changes in general interest
rates. Interest rate risk may be mitigated by:
- Structuring the Fund so that securities mature to meet
cash requirements for ongoing operations, thereby
avoiding the need to sell securities on the open market
prior to maturity, and
- By investing operating funds primarily in shorter-term
securities.
The cash flow is updated on a daily basis and will be considered
prior to the investment of securities, which will reduce the
necessity to sell investments for liquidity purposes.
2. LIQUIDITY - The investment portfolio shall remain sufficiently
liquid to meet all operating requirements that may be reasonably
anticipated. This is accomplished by structuring the portfolio so
that securities mature concurrent with cash needs to meet
anticipated demands (static liquidity). Furthermore, since all
possible cash demands cannot be anticipated, the portfolio should
consist largely of securities with active secondary or resale
markets (dynamic liquidity).
3. YIELD - The City~s Fund shall be designed with the objective of
attaining a market-average rate of return throughout budgetary
and economic cycles taking into account the investment risk
constraints and liquidity needs. Return on investment is of
least importance compared to the safety and liquidity
objectives described above. The core of investments are
limited to relatively low risk securities in anticipation of
earning a fair return relative to the risk being assumed.
19C-4
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
Securities shall not be sold prior to maturity with the
following exceptions:
1) a declining credit security could be sold early to
minimize loss of principal;
2) a security swap would improve the quality, yield, or
target duration in the portfolio; or
3) liquidity needs of the portfolio require that the security
be sold.
The market-average rate of return is defined as the average
return on three-month U.S. Treasury Bills.
The City strives to maintain one hundred percent (100) investment
of idle funds after consideration for a compensating balance to
cover the cost of services provided by the bank. The funds
available for investment are determined by cash flow projections
updated daily. Investments are monitored so that legal limits on
types of investments are not exceeded.
AUTHORIZED INVESTMENTS:
The 'prudent person" standard shall be applied in the context of
managing the overall portfolio. Investment officers acting in
accordance with written procedures and this investment policy and
exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market
price changes, provided deviations from exceptions are reported in a
timely fashion and the liquidity and the sale of securities are
carried out in accordance with the terms of this policy. Investments
shall be made with judgement and care, under circumstances then
prevailing, which persons of prudence, discretion, and intelligence
exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of
their capital as well as the probable income to be derived.
The City is governed by the California Government Code, Sections
53600, 16429.1 and 53684 et seq. Santa Ana further restricts the
permitted investments to those listed below. Within this scope, the
City diversifies its investments by maturity dates and types of
investments. Concentration limits are indicated for all investment
categories except Treasury securities, which are considered the
safest investments.
A. United States Treasury Bills, Notes, and Bonds, for which the
full faith and credit of the United States are pledged for
payment of principal and interest. Purchases of this category
shall not exceed five years to maturity. There is no
percentage limit in this category.
B. Obligations issued by a Federal Agency or a United States
Government Sponsored Enterprise. Federal Agency Issues
19C-5
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
include, but are not limited to GNMA (Government National
Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB
(Federal Home Loan Bank Board), FHLMC (Federal Home Loan
Mortgage Corporation), FNMA (Federal National Mortgage
Association), SLMA (Student Loan Mortgage Administration), FHA
(Federal Housing Administration) and TVA (Tennessee Valley
Authority). Although there is no percentage limitation on these
issues, the "prudent investor" rule shall apply for a single
agency name as U.S. Government backing is implied rather than
guaranteed.
C. Bills of exchange or time drafts drawn on and accepted by a
commercial bank, otherwise known as banker's acceptances, which
are eligible for purchase by the Federal Reserve System.
Purchases of banker's acceptances may not exceed one hundred,
eighty (180) days or forty percent (40%) of the cost value of
the Fund which may be invested pursuant to this section.
However, no more than thirty percent (30%) of the City's cost
value of the Fund may be invested in the bankers acceptances of
any one commercial bank pursuant to this section.
D. Commercial paper of "prime " quality of the highest ranking or
of the highest letter and number rating as provided for by
Moody's Investor Services, Inc. (Moody's), Standard and Poor's
(S&P) or Fitch Financial Services, Inc. (Fitch). The
corporation that issues the commercial paper shall be organized
and operating within the United States, shall have total assets
in excess of five-hundred, million dollars ($500,000,000), and
shall issue debt, other than commercial paper, if any, that is
rated "A" or higher by Moody's or S&P or Fitch. Eligible
commercial paper shall have a maximum maturity of two-hundred
seventy (270) days or less. The City may purchase no more than
ten percent (10°s) of the outstanding commercial paper of any
single corporate issue. Purchases of commercial paper may not
exceed twenty-five percent (25%) of the surplus money which may
be invested.
E. Negotiable certificates of deposit issued by a nationally or
state-chartered bank, a savings association or a federal
association (as defined by Section 5102 of the Financial Code),
a state or federal credit union or by a state-licensed branch
of a foreign bank. However, the City shall not invest in
negotiable certificates of deposit issued by a state or federal
credit union if a member of the City Council or any City
personnel with investment decision making authority also serves
on the board of directors, or any committee appointed by the
board of directors, or the credit committee or the supervisory
committee of the state or federal credit union issuing the
negotiable certificates of deposit. The City's investment in
negotiable certificates of deposit may not exceed thirty
percent (30%) of the cost value of the Fund. The amount so
19C-6
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
invested shall be subject to the limitations of Government Code
Section 53638 which generally provides that the deposit shall
not exceed the shareholder's equity of any depository bank, or
the total net worth of any depository savings association or
federal association, or the total of the unimpaired capital and
surplus of an insured industrial loan company.
F. Repurchase Agreements. For purposes of this section, the term
"repurchase agreement means a purchase of securities by the
local agency pursuant to an agreement by which the seller will
repurchase the securities on or before a specified date and for
a specified amount and will deliver the underlying securities
to a third party custodian. The City may invest in repurchase
agreements with primary dealers of the Federal Reserve with
which the City has entered into a PSA master repurchase
contract which specifies terms and conditions of repurchase
agreements. The market value of securities used as collateral
for repurchase agreements shall not be allowed to fall below
102 percent of the value of the repurchase agreement and shall
be valued daily by the tri-party custodial agent. Securities
that can be pledged for collateral shall consist only of
investments permitted within this policy with a maximum
maturity of five (5) years. If there is a default of the
broker, the collateral securities can be sold. Since the
securities are valued daily, it is likely that the sale
proceeds will equal or exceed the value of the repurchase
agreement amount. Purchases in this category shall not exceed
ninety (90) days or thirty percent (30%) of the cost value of
the Fund.
G. Local Agency Investment Fund - State Pool. The City may invest
in the Local Agency Investment Fund (LAIF) established by the
State Treasurer under California Government Code Section
16429.1 for the benefit of local agencies. Although there is
no percentage limitation on this fund, the "prudent investor"
rule shall apply for a single agency name.
H. Medium Term Corporate Notes issued by corporations organized
and operating within the United States or by depository
institutions licensed in the United States or any state and
operating within the United States. Notes eligible for
investment shall be rated in a rating category of "A" or its
equivalent or better by a nationally recognized rating service.
Purchases in this category shall not exceed three (3) years to
maturity or fifteen percent (15%) of the cost value of the
Fund. Purchases in a single issuer in this category shall not
exceed five percent (5%) of the cost value of the Fund.
I. Shares of beneficial interest issued by diversified management
companies that are money market funds registered with the
Securities and Exchange Commission under the Investment Company
Act of 1940. The company shall have met either of the
19C-7
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
following criteria:
1. Attain the highest ranking or the highest letter and
numerical rating provided by not less than two of the
three following: Moody's S&P or Fitch, and
2. Retained an investment adviser registered or exempt from
registration with the Securities and Exchange Commission
with not less than five (5) years experience managing
money market funds with assets under management in excess
of five-hundred, million dollars ($500,000,000). The
purchase price of shares of beneficial interest, (mutual
funds) purchase pursuant to this subdivision shall not
include any commission that these companies may charge.
J. Ineligible investments. Investments not described herein are
ineligible investments. In accordance with Section 53631.5 of
the Government Code, the City shall not invest any funds in
inverse floaters, range notes, or interest only strips that are
derived from a pool of mortgages. In addition, the City shall
not invest any funds in any security that could result in zero
interest accrual if held to maturity. However, prohibited
securities that are in the City's portfolio, as of the date of
this policy adoption, may be held until their maturity dates.
DEPOSITORY SERVICES
Money must be deposited in state or national banks, state or federal
savings associations or state or federal credit unions in the state.
It may be in inactive deposits, active deposits or interest-bearing
active deposits. The deposits cannot exceed the amount of the
bank's or savings and loan's paid up capital and surplus.
The bank or savings and loan must secure the active and inactive
deposits with eligible securities having a market value of one-
hundred, ten percent (110%) of the total amount of the deposits.
State law also allows as an eligible security, first trust deeds
having a value of one-hundred, fifty percent (150%) of the total
amount of the deposits. A third class of collateral is letters of
credit drawn on the Federal Home Loan Bank (FHLB).
The treasurer may waive, at his discretion, security for that
portion of a deposit which is insured pursuant to federal law.
Currently, the first one-hundred, thousand dollars ($100,000) of a
deposit is federally insured. It is to the City's advantage to
waive this collateral requirement for the first $100,000 because we
receive a higher interest rate.
19C-8
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
QUALIFIED DEALERS AND INSTITUTIONS:
The City shall transact business only with banks, savings and loans
and registered investment securities dealers. The purchase by the
City of any investment other than those purchased directly from the
issuer, shall be purchased either from an institution licensed by
the State as a broker-dealer, as defined in Section 25004 of the
Corporations Code, who is a member of the National Association of
Securities Dealers, or a member of a Federally regulated securities
exchange, a National or State-Chartered Bank, a Federal or State
Association (as defined by Section 5102 of the Financial Code), or a
brokerage firm designated as a Primary Government Dealer by the
Federal Reserve Bank. The City's Treasurer's staff shall
investigate all institutions which wish to do business with the
City, in order to determine if they are adequately capitalized, make
markets in securities appropriate to the City's needs, and agree to
abide by the conditions set forth in the City of Santa Ana's
Investment Policy and Investment Portfolio Guidelines. This will be
done annually by having the Financial Institutions complete and
return the appropriate questionnaire, and an audited Financial
Statement must be provided within one-hundred, twenty (120) days of
the Institution's fiscal year-end.
SAFEKEEPING OF SECURITIES
To protect against potential losses caused by collapse of individual
securities dealers, all securities owned by the City except
securities used as collateral for repurchase agreements, shall be
kept in safekeeping with "perfected interest" by a third party bank
trust department, acting as agent for the City under the terms of a
custody agreement executed by the bank and by the City. All
securities will be received and delivered using standard delivery
versus payment procedures.
INTERNAL CONTROLS:
The Executive Director, Finance and Management Services is
responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the entity are
protected from loss, theft or misuse. The Executive Director,
Finance and Management Services has developed a system of internal
investment controls and a segregation of responsibilities of
investment functions in order to assure an adequate system of
internal control over the investment function. Internal control
procedures address wire controls, separation of duties, delivery of
securities to a third party for custodial safekeeping, and written
procedures for placing investment transactions.
Cash balances are reconciled daily by non-investment employees and
reconfirmed by the City's accounting staff. In addition, the City's
accounting staff also verifies investment activities and holdings on
19C-9
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2006-2007
a monthly basis. The Executive Director, Finance and Management
Services shall establish a process for annual independent review by
an external auditor to the extent contemplated by generally accepted
auditing standards.
REPORTING:
Under the provisions of Section 53646 of the Government Code, the
Executive Director, Finance and Management Services shall render a
report to the City Council, City Manager, and the internal auditor
containing detailed information on all securities, investments, and
moneys of the City. The report will be submitted on at least a
quarterly basis and provided to the Council within thirty (30) days
following the end of the quarter.
The report will contain the following information on the funds that
are subject to this investment policy: I) the type of investment,
name of the issuer, date of maturity, par and cost in each
investment, 2) the weighted average maturity of the investments, 3)
any investments, including loans and security lending programs, that
are under the management of contracted parties, 4) the market value
and source of the valuation, 5) a description of the compliance
with the statement of investment policy, and 6) a statement
denoting the City's ability to meet its pool's expenditure
requirements for the next six months.
POLICY REVIEW:
This investment policy shall be reviewed at least annually to ensure
its consistency with the overall objectives of preservation of
PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law,
financial and economic trends, and to meet the needs of the City of
Syanta Ana.
't ~.D~~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
19C-10
RESOLUTION NO.
isso~ii iizoos
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
CONSIDERING THE CITY'S STATEMENT OF INVESTMENT POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and declares
as follows:
A. California Government Code, section 53646, provides that each city may
have a written statement of investment policy to govern investment of the city's
monies.
B. Each city's treasurer or chief financial officer may, pursuant to this state
law, quarterly submit a report to the city council and the State stating, in part,
whether all investments in the preceding quarter have been made in
conformance with the statement of investment policy.
C. Pursuant to section 53646, the city's statement of investment policy may
be submitted by the city's treasurer or chief financial officer to the city council for
its consideration at a regular meeting.
D. The City Council of the City of Santa Ana has, at its regular meeting of
July 17, 2006, considered the proposed statement of investment policy attached
to this Resolution and by this reference incorporated herein as though fully set
forth.
Section 2. The City Council of the City of Santa Ana hereby states that it has duly
considered the City's statement of investment policy submitted by the City's Treasurer.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2006.
Miguel A. Pulido
Mayor
19C-11
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
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 Resolution No. 2006-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
19C-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING LIBRARY SERVICES
AND TECBNOLOGY ACT PUBLIC
LIBRARY STAFF EDU TION FUNDS
'~
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
Approve an appropriation adjustment accepting Federal Library Services
and Technology Act funds for the Public Library Staff Education Program
of $7,887 in revenue account (account no. 154-01-5361) and appropriate
the funds to expenditure accounts (account nos. 154-215-6221 and 154-215-
6590) to provide reimbursement for library staff.
DISCUSSION
The Library Services and Technology Act of 1996 created the Public
Library Staff Education Program to provide tuition reimbursement for
library employees who are enrolled in a library science degree or
certificate program. Santa Ana Public Library has participated in the
Public Library Staff Education Program since its inception and has been
awarded funding for this year to reimburse two staff members currently
enrolled in Masters in Library Science programs for costs related to that
education.
FISCAL IMPACT
The appropriation adjustment will enhance the library services revenue
account (account no. 154-01-5361) and the expenditure appropriation for
the Public Library Staff Education Program training and transportation
and indirect cost (account nos. 154-215-6221 and 159-215-6590).
APPROVED AS TO FUNDS AND ACCOUNTS:
i
~"
C
Ro ic'ard
Executive Director
Library
't~QJY~f`~ A.i~~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
20A-1
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
CONTRACTS RENEWAL FOR
FERTILIZERS AND WATER
TREATMENT CHEMICALS
(SPEC. NO. 5 065)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contracts for fertilizers and water treatment chemicals for a
one-year period in the following annual amounts not to exceed:
Bidder:
Waterline Technologies
Inc.
Target Specialty
Products
DISCUSSION
Location: Categories: Amount:
Santa Ana Water Treatment $29,529
Santa Fe Springs Fertilizers $10,518
The Parks, Recreation and Community Services Agency requires various
fertilizers to sustain abundant plant growth in the City's parks.
Chemicals are also required to maintain the various public swimming pools
and water fountains throughout the City. In addition, the Public Works
Agency uses chemicals to control the growth of algae in the City's sewer
system and water wells. The fertilizers and water treatment chemicals
are purchased through the Central Stores warehouse for distribution to the
agencies. The contracts for fertilizers and water treatment chemicals are
designed to provide quality products at significant savings based on
quantity pricing.
On July 5, 2005, the City Council awarded contracts to Waterline
Technologies, Inc., a Santa Ana vendor, and Target Specialty Products for a
one-year period with provision for one, one-year renewal. The vendors have
agreed to renew the contract; however, Target Specialty Products has
requested a nineteen percent increase due to increases from the chemical
manufacturers. Staff verified that this increase is competitive with the
current market. Waterline Technologies, Inc. has agreed to renew the
contract without an increase in pricing. The vendors have performed
satisfactorily during the past contract period and staff recommends the
final renewal of the contract. ~ ~ A _A
Contracts Renewal for Fertilizers
August 7, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Operating Materials &
Supplies accounts (object code 6391).
S~tFrancisco Gutierrez
~ Executive Director
Finance and Management Services Agency,/
FG/WO/OS-065R.2:uc
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
CONTRACT AWARD FOR
SCOTT SELF-CONTAINED
BREATHING APPARATUS,
PARTS, AND ACCESSORIES
(SPEC. N 06-062)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on god Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Allstar Fire Equipment Inc. for Scott self-contained
breathing, apparatus, parts and accessories in an amount not to exceed
$75,000.
DISCUSSION
Self-contained breathing apparatus (SCBA) provides fire suppression
personnel proper protection and the ability to operate effectively during
emergency situations. The recommended action will allow the Fire
Department to replace and supplement its current inventory of SCBA
cylinders and masks. The parts and accessories are required for repairs
and maintenance and individual mask fit testing done on-site by certified
Fire Department staff.
The notice inviting bids was advertised on April 21 and 24, 2006 and bids
were solicited. A summary of the bid invitations and bids received is as
follows:
9 Invitations For Bid mailed
2 Bids received
Bids were received and opened on May 8, 2006
Vendor:
Location:
The results are as follows:
Amount:
Allstar Fire Equipment Arcadia $62,045.54
Fisher Scientific LLC Suwanee, GA $62,096.67
22B-1
Contract Award for Scott Self-Contained
July 17, 2006
Page 2
The bid received from Allstar Fire Equipment Inc. is responsive to the
specifications and meets the City's requirements. To allow for
unanticipated requirements, an additional contingency has been included in
the award amount.
FISCAL IMPACT
Funds are available in the Fire Maintenance Operating Materials & Supplies
account (account no. 11-327-6391).
~_
APPROVED AS TO FUNDS AND ACCOUNTS:
j ,~C~~--~- o
} i lip M. Ga is y~Francisco Gutierrez
it Chief ~xecutive Director
Finance & Mgmt. Services Agency ~~
/SP/06-062.3:uc
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
CONTRACT AWARD FOR PLANT
MAINTENANCE SERVICE
(SPEC. NO. 06-074)
f/ I '~
C TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to All Green Plant Company for citywide plant maintenance
for a one-year period, with provision for three, one-year renewals in the
annual amount not to exceed $29,714.
DISCUSSION
The City provides an aesthetic environment in the workplace by decorating
agency offices and reception areas with indoor plants. The contract
provides for regularly scheduled plant maintenance which includes watering,
fertilizing, pruning, trimming, insect or disease treatment, cleaning,
dusting and polishing. Distressed plants are replaced at no cost to the
City.
The notice inviting bids was advertised on May 10 and 12, 2006, and bids
were solicited. A summary of the bid invitations and bids received is as
follows:
10 Invitations For Bid mailed
8 Invitations For Bid mailed to Santa Ana vendors
2 Bids received
Bids were received and opened on June 22, 2006. The results are as
follows:
Vendor: Location: Cost:
All Green Plant Company Garden Grove $29,705
Initial Tropical Plants Costa Mesa $40,784
22C-1
Contract Award for Plant Maintenance
July 17, 2006
Page 2
The bid received from All Green Plant Company is responsive to the
specification and meets the City's requirements. The award amount includes
a contingency to facilitate the purchase of additional plants and to
replace damaged plants and accessories on an as-required basis.
FISCAL IMPACT
Funds are budgeted and available in the various departmental Other
Contractual Services accounts (object code 6291).
~~ L.fit.E~t CJy.L ~.~--~ .
Francisco Gutierrez
g~E~xecutive Director
I~ "Finance and Management Services Agency~r~
`D
FG/BP/06-074.2:uc
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
PAYMENT AUTHORIZATION FOR WATER
BOILER REPLACEMENT
(SPEC. N0. 06-075)
Y 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
Authorize payment to ACCO Engineered Systems for replacement of a water
boiler in the amount not to exceed $67,995.
DISCUSSION
The Finance and Management Services Agency's Building Maintenance Division
is responsible for maintaining the heating and cooling systems at the
Police Administration and Holding Facilities. One of the two water boilers
that provide hot water to the Holding Facility kitchen and laundry has
failed and requires replacement. In order to facilitate the immediate
replacement necessary to ensure availability of hot water for food
preparation, sanitation and laundry service, the Building Maintenance
Superintendent, in conjunction with the Jail Administrator, authorized ACCO
Engineered Systems, the current provider of preventative maintenance
service, to perform the work. The Building Maintenance Superintendent
requests authorization to pay for the replacement.
FISCAL IMPACT
Funds are available in the Police Department other contractual services
account (account no. 11-350-6291).
APPROVED AS TO FUNDS & ACCOUNTS:
~~~` ~_
Paul M. Walters
Chief of Police
PMW/BP/06-075PA.7:uc
IYL~!mG~i~ C~G~
Francisco Gutierrez
/-~xecutive Director
,{~' Finance & Mgmt. Services Agency~i
22D-1
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
CONTRACT AWARD FOR LIGHT
POLES AND FIXTURES
(SPEC. N0. 06-085)
CI Y 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
Award a contract to Beard Electric for light poles and fixtures in the
amount not to exceed $25,668.
DISCUSSION
The lighting system at Bomo Koral Park was installed over 30 years ago.
The existing area lighting system uses a steel galvanized pole bolted to a
base plate set in concrete. Some of the poles have been damaged from
weather, irrigation and other environmental forces. The contract will
provide for the replacement of 8 light poles and 9 lighting fixtures,
enabling the proper level of nighttime illumination and providing enhanced
security and aesthetics.
The notice inviting bids was advertised on June 9 and 12, 2006, and bids
were solicited. A summary of the bid invitations and bids received is as
follows:
10 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
2 Bids received
Bids were received and opened on June 26, 2006. The results are as
follows:
Vendor: Location: Cost:
Beard Electric Santa Fe Springs $25,668
Williams & Maher, Inc. Santa Ana $27,000
22E-1
Contract Award for Light Poles
July 17, 2006
Page 2
The bid received from Beard Electric is responsive to the specification and
meets the City's requirements.
FISCAL IMPACT
Funds are available in the Recreation & Community Service Facilities
Maintenance Other Contractual Services account (account no. 11-260-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
'LG C
Gerardo Mouet
Executive Direc or
Parks, Rec. & Comm. Svcs. Agency
GM/BP/06-085.8:uc
Cry a
Francisco Gutierrez
Executive Director
Lp'~ Finance & Mgmt. Services Agency ~~
22E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
CONTRACT AWARD FOR EXTERIOR
DOORS AND BENCHES
(SPEC. NO. 06-088)
(PROJECT 04-6402)
CI Y 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
Award a contract to H. L. Miller, Inc. for exterior doors and benches in
the amount not to exceed $16,654.
DISCUSSION
The Colors of the Amazon bird aviary located at the Santa Ana Zoo at
Prentice Park was constructed in 1995. The exhibit includes four birch
wood entry doors and 6 half-log benches. These doors and benches have
deteriorated due to normal use and constant exposure to the elements. The
contract will provide for the replacement of the doors and benches and will
help maintain clean, attractive facilities.
The notice inviting bids was advertised on June 9 and 12, 2006, and bids
were solicited. A summary of the bid invitations and bids received is as
follows:
15 Invitations For Bid mailed
3 Invitations For Bid mailed to Santa Ana vendors
1 Bid received
Bids were received and opened on June 26, 2006. The bid received from H.
L. Miller, Inc. is responsive to the specification and meets the City's
requirements. To allow for unanticipated requirements, an additional ten
percent contingency has been included in the award amount.
22F-1
Contract Award for Exterior Doors and Benches
July 17, 2006
Page 2
FISCAL IMPACT
Funds are available in the Recreation & Community Service Roberti Z'Berg
Harris Grant Improvement Other Than Buildings account (account no. 161-270-
6631).
APPROVED .
yr ~ - ~ ~~~
Gerardo Mouet (Francisco
Executive Direct r rExecutive
Parks, Rec. & Comm. Svcs. Agency ~O Finance &
GM/BP/06-088.8:uc
~S TO FUNDS AND ACCOUNTS:
~. l~i-~--t-~
Gutierrez
Director
Mgmt. Services Agency
22F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 17, 2006
TITLE:
CONTRACT AWARD FOR AUTOMATED
LICENSE PLATE RECOGNITION
SYSTEM
(SPEC. NO. 06-097)
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to PIPS Technology, Incorporated for the purchase of three
mobile Automated License Plate Recognition systems for an amount not to
exceed $98,000.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of urban
areas by ensuring that all emergency first responders have adequate
equipment and systems to prevent, respond to and recover from acts of
terrorism. The grant provides total reimbursement to local agencies for
equipment purchases approved and authorized by the Office of Disaster
Preparedness.
The PIPS Technology, Incorporated Automated License Plate Recognition
(ALPR) systems include a color camera and infrared illuminator in one
compact device that can be moved to any position in a police vehicle, and
moved between vehicles. The system must accurately run license plates
from either parked or moving police vehicles, targeting vehicles that may
be either parked or moving. The system captures vehicle and license data
in all types of lighting, can be operated continuously, seven days per
week, twenty-four hours a day, with an overall efficiency and accuracy
rate of eighty-five percent or higher.
22G-1
Contract Award for Automated System
July 17, 2006
Page 2
The UASI Grant stipulates that government agencies purchase equipment that
can be used interchangeably with other law enforcement agencies within
their geographical region during a disaster or terrorist attack. The
specifications for the PIPS Technology, Incorporated mobile ALPR system
are the same as those recently adopted by the Anaheim Police Department
and other Orange County police agencies. The ALPR system will be used and
shared within the Santa Ana and Anaheim urban areas as a capability
enhancement to detect, survey, and identify potential terrorist subjects
or their locations. As a result, staff recommends Council approval of the
recommended action.
FISCAL IMPACT
Funds are available in the Office of Emergency Services (OES) Urban Areas
Security Initiative (UASI) Grant Machinery & Equipment account (account no.
125-333-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
t ,~~~~
Paul M. Walters
Chief of Police
PMW/TO/06-097.7:uc
,J, Francisco Gutierrez
`~~ Executive Director
~'D Finance & Mgmt. Services Agency~r
22G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 17, 2006
TITLE:
CONTRACT AWARD FOR
ELECTRONIC COMMUNICATIONS
INTERCEPT ROOM EQUIPMENT
UPGRADE
(SPEC. NO 06-099)
<~
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to JSI Telecom for electronic communications intercept
room equipment upgrade in the amount not to exceed $120,000.
DISCUSSION
The Police Department's electronic communications intercept room (Wire
Room) provides the capability to conduct approved telephone intercepts.
The Wire Room is one of only a few in Orange County. As such, other
municipal and federal agencies also rely on its intercept capability. The
Wire Room is currently equipped with the Voice Box III 3.2 software version
and equipment. JSI Telecom, the manufacturer of the software, is no longer
providing technical support for this software version. In addition, some
of the existing equipment requires extensive repair and is no longer
reliable.
In order for the Wire Room to remain operational, software and hardware
upgrades are essential. JSI Telecom Voice Box III 3.6 software version
will enable the use of emerging technology. Along with the software
upgrade, new equipment is required to support the new Voice Box III 3.6
software. Staff has determined that JSI Telecom is uniquely suited to
provide the software and equipment upgrade and recommends approval of the
recommended action.
FISCAL IMPACT
Funds are available in the Police Criminal Activities Fund Machinery &
Equipment account (account no. 26-342-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters G~iFrancisco Gutierrez
Chief of Police (Executive Director
2 ~_~Finance & Mgmt. Services Agency ,,,~
PMW/SP/06-099.7:uc PPP111111 ~~
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
AGREEMENT FOR ON-CALL
ENGINEERING 3ERVICES FOR WATER
AND 3EVPER PROJECTS
u-~~
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 ~` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with Tetra Tech, Inc. and
Daniel Boyle Engineering for water and sewer engineering services in an
amount not to exceed $300,000 for each firm.
Staff has solicited proposals for water and sewer engineering services from
eight qualified civil engineering firms; four firms replied. These services
are required to augment City staff to complete the design of water and
sewer infrastructure projects in a timely manner.
A committee comprised of personnel from the Public Works Agency reviewed
the proposals. The ratings for the four firms are as follows:
FIRM
Rating
1. Daniel Boyle Engineering 92
2. Tetra Tech, Inc. 92
3. Metcalf & Eddy, Inc. 70
4. AKM Consulting Engineering 67
The fee schedules for the two top rated firms were compared and are
consistent, reasonable, and in line with staff's estimate. Due to the
experience of key personnel, client satisfaction and competitive rates it
is recommended that the firms of Daniel Boyle Engineering and Tetra Tech,
Inc. be retained for the required services.
25A-1
Agreement - On-Call
For Water and Sewer
July 17, 2006
Page 2
Engineering Services
Projects
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the
66-579-6635) and the Sewer
6631).
i
i
`/~
James G. Ross
Executive Director
Public Works Agency
Water Utility Capital Projects Fund (account no.
Connection Projects Fund (account no. 55-532-
APPROVED AS TO FUNDS AND ACCOUNTS:
p~ ~. ~ r . _
Francisco Gutierrez ~
Executive Director
Finance & Mgmt. Services Agency
JGR\rb\RFCA9-19\Agree0nCa11HngSrvcH205Sewe r\JGR
25A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
RENEWAL AND AMENDMENT AGREEMENT
FOR WATER AND SEWER EMERGENCY
SERVICES,
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 s' Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a renewal and amendment to the
existing agreements with three emergency contractors: Doty Bros.
Construction; Paulus Engineering, Inc.; and Ken Thompson, Inc. for on-
call services for water and sewer emergencies, in an amount not to exceed
$130,000 each per year.
DISCUSSION
On August 4, 2003, the City Council awarded an agreement to three
contractors for their services in the event of a natural or manmade
emergency situation. These services may include supplementing City
personnel, materials, and equipment required to take immediate action to
prevent a system outage, restore services to normal operating conditions
and to maintain services during such an emergency.
The original agreement was in effect
extended for a period of two years.
during the past agreement period and
Staff recommends a renewal agreement
for compensation per year, in lieu of
the agreement.
for a three-year period and may be
The contractors have performed well
have agreed to renew the agreement.
and an amendment to each agreement
compensation for the entire term of
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for the renewal and amendment to the agreements are included in the
Water Utility Resources and Sanitary Sewer Service Fund (account 64-575-
6291 and 56-575-6291).
25B-1
RENEWAL AND AMENDMENT AGREEMENT
FOR WATER AND SEWER EMERGENCY
SERVICES
July 17, 2006
Page 2
Ja s G.-Ross
E cutive Director
blic Works Agency
SGR/TC/ev/WaterproductioN RFCA 0~-17-06
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez cU°E
Executive Director
Finance & Management Services Agency
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
AMENDMENT AGREEMENT FOR
SWEEPER BROOM REWRAP
(AGREEMENT NO. 2005-043-01)
CI Y MANA ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 20tl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the agreement with American
Rotary Broom Co., Inc. for street sweeper broom rewrap for a three-month
period in the amount not to exceed $35,000.
DISCUSSION
The Fleet Maintenance Division of the Finance and Management Services
Agency is responsible for the maintenance and repair of 11 street sweepers
used by the Public Works Agency's Street Sweeping Division. The street
sweepers maintain over 60,000 miles of City streets annually. The brooms
on the sweepers used for street maintenance need periodic rewrapping to
maintain effectiveness.
On February 22, 2005, the City Council awarded an agreement to American
Rotary Broom Co., Inc, for a one-year period that was amended through June
30, 2006. Due to constant fluctuations in the price of steel and plastic
required for rewrapping of the sweeper brooms, added to the increasing fuel
costs, the agreement amendment will provide for price adjustments upon
mutual consent while bids are solicited for a long term contract.
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operations
Maintenance & Repair Machinery & Equipment account (account no. 75-111-
6281)
~S~~CC~l~~1~Ci> ~ ~'
yi~'Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/KM/03-007AGR.2:uc 2 5C '1
25C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
AGREEMENT WITH
FOR WORKFORCE
VETERANS GRANT
COUNTY OF ORANGE
INVESTMENT ACT
.~
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
1. Approve an appropriation adjustment recognizing $86,000 in Workforce
Investment Act funds awarded to the Santa Ana W/0/R/K Center by the
County of Orange Housing and Community Services Department for a
Veterans Project.
2. 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 for the Veterans Project.
On July 18, 2006, the Orange County Board of Supervisors will approve a
Workforce Investment Act (WIA) Cost Reimbursement grant to the City of
Santa Ana W/0/R/K Center for $86,000. This contract will allow the
W/0/R/K Center to provide workforce investment services to recently
separated United States military personnel. Services will include job
search activities, counseling, assessment, training and supportive
services. Staff anticipates serving 25 participants. This program will
operate for twenty-one months and terminate on March 31, 2008.
25D-1
Agreement with County of
Orange for WIA Veterans Grant
July 17, 2006
Page 2
FISCAL IMPACT
Funds for these contracts are available in the Workforce Investment
account (account no. 124-327-various and 124-328-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Stephen G~3. `rding Francisco Gutierrez ~J'
Deputy City Manager of ~ Executive Director
Development Services Finance & Management Services Agency
SGH/Cd1R/mfr
H:\ACTIONS\2006 CC\AgreeCO of Orange WIA Veterans Grant 7-17-06.doc
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
FEDERAL EMPOWERMENT ZONE
DAISY WHEEL NETWORK PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1a~ Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an amendment with the Santa
Ana Empowerment Corporation in the amount not to exceed $980,000 for
the 2006-07 Federal Empowerment Zone Daisy Wheel Network Program.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Catholic
Charities of Orange County in an amount not to exceed $73,080 for
vocational/occupational training, employment strategies, and
supportive services under the Federal Empowerment Zone Daisy Wheel
Network Program.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Delhi
Community Center in an amount not to exceed $73,900 for
vocational/occupational training, employment strategies, and
supportive services under the Federal Empowerment Zone Daisy Wheel
Network Program.
4. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Mexican
American Opportunity Foundation in an amount not to exceed $81,630
for vocational/occupational training and supportive services under
the Federal Empowerment Zone Daisy Wheel Network Program.
5. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Orange
County Conservation Corps in an amount not to exceed $60,660 for
education and employment strategies under the Federal Empowerment
Zone Daisy Wheel Network Program.
25E-1
FEZ Daisy Wheel
July 17, 2006
Page 2
Network Program
6. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Taller San
Jose in an amount not to exceed $79,770 for vocational/occupational
training, employment strategies, and supportive services under the
Federal Empowerment Zone Daisy Wheel Network Program.
7. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Templo
Calvario in an amount not to exceed $76,500 for employment
strategies and supportive services under the Federal Empowerment
Zone Daisy Wheel Network Program.
8. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with The
Cambodian Family in an amount not to exceed $133,140 for
vocational/occupational training, employment strategies, and
supportive services under the Federal Empowerment Zone Daisy Wheel
Network Program.
DISCUSSION
In May 2002, the Santa Ana Empowerment Corporation Board approved a four-
year business plan that identified three specific goals and objectives
that they wished to see achieved. One of the three goals concerned job
development, training, and job placement for Empowerment Zone residents.
In 2003, the Board sent out a Request for Proposals to over 50 entities
for the development and implementation of a Daisy Wheel component. The
Daisy Wheel Network is comprised of eight partners that provide
employment services to FEZ residents, such as employment listings, career
advisement, training services, job search assistance, non-subsidized
employment, retention services, skill upgrades, plus many others. The
Santa Ana W/0/R/K Center was awarded the contract. In the first, second,
and third year, the W/0/R/K Center developed and implemented a job
training and placement program in conjunction with nine partners.
On May 24, 2006, the Santa Ana Empowerment Corporation Board awarded a
contract for a fourth year to the City of Santa Ana W/0/R/K Center in an
amount of $980,000. The contract is to fund Phase IV of the Federal
Empowerment Zone Daisy Wheel Network that will service 800 residents
living within the Empowerment Zone. The Daisy Wheel Network will
continue to provide vocational/occupational training, employment
strategies, education, and supportive services for the participants. The
Santa Ana W/0/R/K Center will receive $401,320 to provide oversight of
the Daisy Wheel Network, cover administrative and operational costs, and
25E-2
FEZ Daisy Wheel
July 17, 2006
Page 3
Network Program
provide direct services to 268 Empowerment Zone participants. The seven
contracts listed above will total $578,680 and $401,320 will be available
to the Santa Ana W/0/R/K Center for the administration of the program.
FISCAL IMPACT
Funds are available in the FEZ Daisy Wheel Network Program account
(account no. 129-035-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Ste hen G.Har ing ~~'rancisco Gutierrez ~,'~,f
Deputy City Manager of Executive Director
Development Services Finance & Management Service Agency
SGH/LS/BG/mlr
H:\ACTIONS\2006 CC\FEZDaisyWheelNetworkPiog 7-17-06. doC
25E-3
25E-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
Ji7LY 17, 2006
TITLE:
STREET NAME NO. 2006-01 TO RENAME
IMPERIAL PROMENADE AND A PORTION
OF HUTTON CENTRE DRIVE AS
MACARTHUR PLACE - NEXUS COMPANIES,
APPLICANT
z~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2ne Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report and affirm the renaming of Street Name
No. 2006-01.
PLANNING COMMISSION ACTION
On June 12, 2006, the Planning Commission adopted a resolution approving
the renaming of Imperial Promenade and a portion of Hutton Centre Drive
as MacArthur Place by a vote of 6:0 (Rodriguez absent) (Exhibit A).
Further, the Commission continued indefinitely the renaming of the
portion of Hutton Centre Drive that surrounds the lake at the request of
the applicant.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ay M. Trevino
cutive Director
Planning & Building Agency
VF:rb
of \reporte\en06-Ol.cc
39A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JUNE 12, 2006
TITLE:
PUBLIC HEARING - STREET NAMING NO. 2006-01
TO RENAME IMPERIAL PROMENADE AND HUTTON
CENTRE DRIVE AS MACARTHUR PLACE AND HUTTON
CENTRE LOOP AS HUTTON DRIVE
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
~d?~yi- tihi~-•
Plannin anager
Adopt a resolution approving Street Naming No. 2006-O1.
DISCUSSION
In June 2005, the City Council approved numerous entitlements for Nexus
Development Corporation to allow a mixed-use project within Hutton
Centre. The entitlements allow three 25-story residential towers, a 279-
unit mid-rise residential project, a five-story condominium/office
building and about 14,000 square feet of retail and restaurant space.
In conjunction with this project, Nexus has been preparing a marketing
and branding program for the Hutton Centre and MacArthur Place areas.
After considering several alternatives, Nexus is proposing to brand the
Hutton Centre district "MacArthur Place," effectively joining both sides
of MacArthur Boulevard into one major development area. Included in the
branding program is a request to rename three existing streets.
Pursuant to Sections 33-5 through 33-8 of the Santa Ana Municipal Code,
public streets may be renamed if the new name assists in identifying a
distinct development area.
The first street segment, located north of MacArthur Boulevard within
MacArthur Place, is currently identified as Imperial Promenade. This
segment is proposed to be changed to MacArthur Place. One building, the
Austin Building (at 3 Imperial Promenade) will require a change of
address. The second segment, located south of MacArthur Boulevard and
north of Sandpointe Avenue, is currently known as Hutton Centre Drive.
This segment is proposed to be changed to MacArthur Place (Exhibit 1) .
No building addresses are located on this street segment. Finally, the
third street name proposed to be changed is Hutton Centre Loop, which is
proposed to be changed to Hutton Drive.
EXHIBIT A
39A-2
Street Naming No. 2006-01
June 12, 2006
Page 2
The street name changes are anticipated to have minimal impact on
existing businesses, including the approximately 40 tenants of the 3
Imperial Promenade building. Listed below are the current and proposed
addresses of the buildings existing and/or proposed along these street
segments:
Current Address
Proposed Address
Status
3 Imperial Promenade
1 Hutton Centre
2 to 7 Hutton Centre
9 Hutton Centre
10 Hutton Centre
3 MacArthur Place
10 MacArthur Place
2 to 7 Hutton Drive
9 MacArthur Place
15 MacArthur Place
12 MacArthur Place
Existing
Proposed
(Cinema Tower)
Existing
Proposed
(North Lake Tower)
Proposed
(South Lake Tower)
Proposed
(Cinema Loft)
In order to maintain continuity with the City's addressing system and
the existing addresses within Hutton Centre, the future buildings will
be addressed in sequence with the existing addresses. This addressing
approach will allow for quick identification and a more immediate
response time by the City's emergency response functions. This request
has been reviewed by both the Fire and Police Departments and will not
have any adverse affect on their ability to provide emergency response
services.
Nexus has met with several stakeholders in the area regarding the street
renaming proposal, including the property owner for 3 Imperial
Promenade, the only building directly impacted by the request. The
building property owner does not oppose the street name change as
proposed (Exhibit 2). As part of the public hearing notification
process, the City has also mailed notices to the 40 tenants currently
occupying the building. Nexus has proposed delaying the implementation
of the street name change until 90 days after the top off of 9 Hutton
Centre, which is approximately 90 days prior to occupancy of the Lake
Towers project. This will allow the 3 Imperial Promenade tenants
39A-3
Street Naming No. 2006-01
June 12, 2006
Page 3
additional time to revise stationery and other print material.
Additionally, Nexus has obtained support from the Hutton Centre
Association on both the street name and branding program for the area.
Nexus has also reviewed the request with Coastal Rim Properties, the
developer of the Promenade Pointe (formerly Geneva Commons) and First
American Title Company. Although neither project is directly impacted
by the request, they have indicated support for the street name and
branding of the district.
Approval of the new street name will benefit the community by assisting
in reinforcing the identity of the district. It will also assist in the
implementation of the branding program for the area, which will assist
in generating sales for the project. Staff recommends that the Planning
Commission approve Street Naming No. 2006-O1.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15301. This Class 1 exemption allows minor alterations to the operation
and licensing of public streets. Categorical Exemption No. 2006-89 will
be filed for this project.
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39A-4
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NEXUS DEVEIOPMENf CORPORATION
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riverrock
real estate prou0
7 Imyerial Promenade, Suite S60
South Coast Metro, California 92707
P (7141 433.2222
P [7L4] 433.2733
www.riverrackreg.com
Lune 5, 2006
To The City of Santa Ana:
KPERS Realty Holding #33, Inc. located at 3 Imperial Promenade in the City of Santa Ana,
California, is in agreement with changing the name/address of our building to 3 MacArthur
Place.
Landlord/Owner:
KPERS Realty Holding #33, Inc.
By: RiverRock Real Estate Group
Managing Age~Shfpr Owner
By:
Director
~~IijBl~2
KO -6/13/06
RESOLUTION NO. 2006-013
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA TO RENAME THE
STREETS IMPERIAL PROMENADE AND HUTTON
CENTRE DRIVE TO MACARTHUR PLACE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on June 12, 2006, on Street Naming No. 2006-01.
B. The Planning Commission took into consideration the policy guidelines
contained in Santa Ana Municipal Code Section 33-6.
C. The streets to be renamed are as follows:
Imperial Promenade will become MacArthur Place
Hutton Centre Drive south of MacArthur Boulevard and north of
Sandpointe Avenue will become MacArthur Place
D. The Planning Commission continued the renaming of Hutton Centre Drive
(not including Hutton Centre Drive south of MacArthur Boulevard and
north of Sandpointe Avenue) to allow additional public outreach.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15301. This Class 1 exemption allows minor alterations to the operation
and licensing of public streets. Categorical Exemption No. 2006-89 will be
filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby,
approves Street Naming No. 2006-01 as identified in Exhibit "A" attached hereto and
incorporated herein. The renaming of the street shall become effective 90 days after top
off of 9 Hutton Centre.
Section 3. The Planning Manager shall provide 60 days written notice to each of
the affected businesses and tenants prior to the effective date of the renaming of the
above referenced streets.
Resolution No. 2006-013
Page 1 of 2
39A-7
Section 4. Should the top off of 9 Hutton Centre fail to occur within 5 years from the
date of adoption of this resolution, this resolution shall become null and void and be of no
further force and effect.
ADOPTED this 12th day of June, 2006 by the following vote:
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Rodriguez (1)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No 2006-013 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on June 12, 2006.
Date:
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2006-013
Page 2 of 2
39A-8
Mac Arthur Place Master Plan
® New Buildings Existing Buildings
Imperial Promenade Hutton Centre Drive
to MacArthur Ptace ~ to MacArthur Ptace
EXHIBIT A
39A-9
39A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
ORDINANCE AMENDING SECTION3 17-70,
1-18.2 AND 10-178 AND ADDING SECTION
41-638.2 OF THS MUNICIPAL CODS
RELATING TO ANTI-GRAFFITI
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 an ordinance amending Sections 17-70, Section 1-18.2, and Section
10-178 and adding Section 41-638.2 relating to anti-graffiti measures.
The Public Works Agency is responsible for citywide graffiti abatement as
regulated under Section 17-70 of the Santa Ana Municipal Code. The
existing ordinance does not provide staff with an effective means to
abate graffiti in areas that are not accessible by City crews or contend
with property owners that will not cooperate with removal of graffiti or
provide staff with the ability to require changes to the property to
minimize defacement.
The proposed addition of Section 17-70.1 formally authorizes the City to
offer a reward to encourage residents and business owners to assist the
Police Department in apprehension and conviction of violators. This
reward was previously provided administratively. The reward shall not
exceed $500 per violation and multiple contributors of information for a
single violation shall share the $500 reward as deemed appropriate by the
Police Chief. City employees, law enforcement officers and municipal
officials shall not be eligible for the reward.
The proposed addition of Section 17-70.2 will provide staff with the
tools to effectively remove graffiti more quickly by requiring removal
within 7 days on structures that are not accessible to City crews and
recover costs associated with the abatement. In addition, staff can
identify and require modifications to a property that will discourage or
prevent graffiti from re-occurring on a property that is repeatedly
defaced.
50A-1
Ordinance Amending Or Adding To
Sections 17-70, 1-18.2, 10-178,
And 41-638.2 Of The Municipal Code
July 17, 2006
Page 2
The proposed revision to Section 1-18.2 will update Public Works
Authority to issue citations under provisions of Chapter 17 of the Santa
Ana Municipal code. The revised ordinance will assign the responsibility
for enforcement of Chapter 17 to the Executive Director of the Public
Works Agency and his/her designees.
Section 10-78 of the Municipal code will be amended to require owners or
managers of retail establishments that sell tools such as carbide drill
bits, glass drill bits, grinding stones or other implements that may be
used to etch glass to store these items in places that are not accessible
to the public without employee assistance. This section is added to the
existing requirement that aerosol paint containers and marking pens shall
be stored in such a manner as to not be available to the public without
assistance.
Adding Section 41-638.2 to the municipal code may request developers to
include graffiti abatement measures with land use entitlements. These
requirements may include the use of anti-graffiti material on surfaces
that may attract graffiti, right of access to remove graffiti, require
owners, through CC&R's, that they shall be responsible to immediately
remove graffiti.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The annual cost of providing reward monies to the public is estimated to
be $10,000 per year. Funds are available in the Sanitation Enterprise
Fund (account 68-632 X91).
Exe utive Director
P lic Works Agency
APPROVED AS O FUNDS AND ACCOUNTS:
Franc~sco• Gutierrez U~i'
Executive Director
Finance & Mgmt. Services Agency
50A-2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 17-70
AND ADDING SECTIONS 17-70.1 THROUGH 17-
17.2 TO THE SANTA ANA MUNICIPAL CODE,
AMENDING SECTIONS 1-18.2 10-178, AND
ADDING SECTION 41-638.2, ALL RELATED TO
ANTI-GRAFFITI MEASURES.
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 existence of graffiti, on both public and private property, is
public nuisance and a condition within the city which results in
blight and deterioration of property values, impairs the comfortable
enjoyment of life and property for adjacent and surrounding
residents and owners, and contributes to the overall detriment of
the city.
B. Graffiti constitutes a threat to public safety which must be abated to
alleviate the detrimental impact of such graffiti on the city, and to
prevent the further spread of graffiti.
C. Certain categories of graffiti which incite violence, are especially
harmful and must be removed as quickly as possible to avoid or
minimize harm to persons and the whole community.
D. Government Code Section 53069.3, together with the city's powers
as a charter city, authorize a city to enact ordinances to provide for
the use of city funds to remove graffiti from public or private
property, and in order to promote expeditious removal of obnoxious
graffiti, the use of public funds is authorized as provided in the
following sections of the chapter.
E. Government Code Section 53069.5 authorizes a city to offer and
pay a reward for information leading to the determination of the
identity of, and the apprehension of any person who willfully
damages property with graffiti.
Ordinance No. NS-XXX
50A_~ Page 1 of 7
F. Under the authority granted by the existing Section 17-70 of the
Santa Ana Municipal Code, the City expends in excess of
$1,500,000 per year in public funds to abate graffiti on public and
private properties. To a very great degree, these expenditures
relieve private property owners from having to incur costs to
remove graffiti from their property.
G. Nevertheless, there are situations which prevent the City's program
from successfully abating graffiti or which cause particular
properties to be defaced with graffiti at a significantly higher rate
than other properties imposing a disproportionate burden on the
community and the program, including:
1. Private property owners who refuse to grant consent
to the City to abate graffiti on their property and yet fail to exercise
due care to prevent or abate such graffiti,
2. Private property owners whose buildings have areas
such as a second stories that can't be reached by City personnel
and yet fail to exercise due care to prevent or abate such graffiti,
3. Private property owners who maintain their property in
a manner such that it is an attractive nuisance that encourages or
unnecessarily facilitates repeated defacement.
H. The proposed amendment ordinance is exempt from further review
and in accordance with the California Environmental Quality Act,
categorical exemption ER No. 2006-21 will be filed for this project.
Section 2. Section 17-70 of the Santa Ana Municipal Code is amended to
read in full as follows (deletions are striken out and additions are emphasized in
bold:
Sec. 17-70. Definitions.
For the purposes of this chapter, the following words and terms shall have
the meaning ascribed thereto:
(a) Graffiti means any unauthorized inscription, word, figure, or design
that is marked, etched, scratched, drawn, or painted on any real or
personal property with a graffiti implement.
(b) Graffiti implement means an aerosol paint container, a felt tip
marker, gum label, a paint stick, etching tool, or other similar
devices capable of scarring glass, metal, concrete or wood.
(c) Aerosol paint container means any aerosol container, regardless of
the material from which it is made, which is adapted or made for the
Ordinance No. NS-XXX
Page 2 of 7
50A-4
purpose of spraying paint or other substance capable of defacing
property.
(d) Felt tip marker means any marker or similar implement with a tip
which, at its broadest width, is greater than one-sixteenth (1/16) of
an inch, containing an ink or other pigmented liquid.
(e) Paint stick or graffiti stick means a device containing a solid form of
paint, chalk, wax, epoxy, or other similar substance capable of
being applied to a surface by pressure, and upon application,
leaving a mark at least one-sixteenth (1/16) of an inch in width.
(f) Gum label means any sheet of paper, fabric, plastic or other
substance with an adhesive backing which, when placed on a
surface, is not easily removable.
(g) Property means personal or real property.
(h) Responsible Party means the owner of a property as shown on the
last equalized tax rolls of the County of Orange and/or the person
who has primary responsibility for control of property or who has
primary responsibility for the repair or maintenance of property.
'~~V~Fhere-astru ~a:e-e:-,~ersen~'p:~erEy~s-p:;Yate{}~,:,..ed-+~
onh. nfinr cnn ~ 'nn #ho .~ oni of +ho n n.J then .nc~
oven +nc n roleo co,~nrJ ~ nrJ nc M fn rw~ by the n'hi
atterney-
Section 3. Sections 17-70.1 through 17-70.2 are hereby added to
chapter 17 of the Santa Ana Municipal Code to read in full as follows:
Sec. 17-70.1. Reward provisions.
Ordinance No. NS-XXX
50A_~ Page 3 of 7
(a) Pursuant to Section 53069.5 of the Government Code, the city may
offer a reward of up to five hundred dollars ($500.00). The amount of the
reward shall be determined by the police chief, for information leading to
the arrest and conviction of any person for violation of Penal Code Section
594, not to exceed one (1) reward of five hundred dollars ($500.00) per
violation. In the event of multiple contributors of information for a single
violation, the reward amount shall be divided by the city in the manner
deemed appropriate by the police chief. For the purposes of this section,
diversion of the offending violator to a community service program, or a
plea bargain to a lesser offense, shall constitute a conviction.
(b) Claims for rewards under this section shall be filed, processed, and
paid in accordance with procedures established by the police chief.
(c) The person convicted of committing the graffiti offense shall be liable
for any rewards paid pursuant to this section and, if that person is an
unemancipated minor, the custodial parent of said minor shall be liable for
any rewards paid pursuant to this section.
(d) No law enforcement officer, municipal officer, official or employee of
the City shall be eligible for a reward made pursuant to this section.
Sec. 17-70.2. Removal provisions.
(a) The existence of graffiti within the city limits of Santa
Anaconstitutes a public and private nuisance and may be abated
according to the provisions and procedures contained in this chapter.
(b) The City Manager is authorized and directed to establish and
implement a program to remove graffiti from private and public real and
personal property in the City under such standards as the City Manager
and City Council may establish from time to time. Those standards shall
include, but not limited to:
i. Obtaining the written consent of the Responsible Party
upon terms approved by the City Attorney.
ii. Availability of funding in the City budget.
iii. Restricting painting to areas reasonable necessary to
abate the graffiti.
iv. Restricting areas to be abated to those viewable from
public rights-of-way and first floor locations.
Ordinance No. NS-XXX
Page 4 of 7
50A-6
v. Conditioning repeated abatement of the same property
upon modifcations or improvements to the property to
discourage or prevent defacement.
(c) It shall be unlawful for any Responsible Party to permit property
which is defaced with graffiti, who, in accordance with the standards of the
City program described in (b) above, (i) refuses to grant consent to the
City to abate graffiti on their property, (ii) has an area not qualifying for
abatement, or (iii) otherwise maintains their property in a manner such that
it constitutes an attractive nuisance contrary to conditions imposed, to
remain so defaced for a period deemed reasonable under the
circumstances, but in no event longer than seven (7) days after notice of
same. If the Responsible Party fails to remove the offending graffiti within
the time period specified, the city may also commence abatement and
cost recovery proceedings for the removal of the graffiti pursuant to the
provisions of chapter 17 of this code.
Section 4. Section 1-18.2 is amended to Chapter 1 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 1-18.2. Public works agency authority to issue citations.
The executive director of public works agency or his designee has the duty to
enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through
16-4, 16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, 18-17, 36-148, 33-30,
33-60, 33-62, 33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45,
36-46, 39-26, 39-33 and 39-106 through 39-111, chapter 17 and provisions of
article IV of chapter 18 of this Code. The executive director of the public works
agency or his designee is authorized to arrest persons without a warrant
whenever they have reasonable cause to believe that the person to be arrested
has committed a violation of said provisions in their presence. In any case in
which a person is arrested pursuant to this section and the person arrested does
not demand to be taken before a magistrate, said officer or employee making the
arrest shall prepare a written notice to appear and release the person on his or
her promise to appear as prescribed by Chapter 5C, Title III, of part 2 of the
Penal Code of the State of California (commencing with Section 853.6).
Section 5. Section 10-178 is amended to Chapter 10 of the Santa Ana
Municipal Code to read in full as follows:
(a) Every person who owns, conducts, operates or manages a
retail commercial establishment selling aerosol containers, or
marker pens with tips exceeding four (4) millimeters in width,
containing anything other than a solution which can be
removed with water after it dries, shall store or cause such
50A-7
Ordinance No. NS-XXX
Page 5 of 7
aerosol containers or marker pens to be stored in an area
viewable by, but not accessible to, the public in the regular
course of business without employee assistance, pending
legal sale or disposition of such marker pens or paint
containers.
(b) Every person who owns, conducts, operates or manages a
retail commercial establishment selling masonry or glass drill
bits, carbide drill bit, glass cutters, grinding stones, awls,
chisels or carbide scribes, shall store or cause such items to
be stored in an area viewable by, but not accessible to, the
public in the regular course of business without employee
assistance, pending legal sale or disposition of such items.
Section 6. Section 41-638.2 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-638.2. Standards for Graffiti Abatement.
In approving tentative or parcel maps, conditional use permits, variances, or
other similar land use entitlements, the city shall consider imposing any or all
related conditions at the public hearing required by law for approval of the
tentative map, conditional use permit, variance or other similar land use
entitlement. If approved:
(a) Use ofanti-graffiti material. Developer shall apply an anti-graffiti
material of a type and nature that is acceptable to the Executive
Director of Planning and Building to each of the publicly-viewable
surfaces on the improvements to be constructed on the site
deemed by the Executive Director of Planning and Building to be
likely to attract graffiti ("graffiti-attracting surfaces"); and
(b) Right of access to remove graffiti. Developer shall grant, in a form
approved by the City Attorney aright-of-entry over and access to
such parcels upon forty-eight (48) hours of posting of notice by
authorized city employees or agents to the city for the purpose of
removing or "painting over" graffiti from graffiti-attracting surfaces
previously designated by the director, and the right to remove such
graffiti; and
(c) Owner to immediately remove graffiti. Developer shall provide,
either as part of the conditions, covenants and restrictions, or as
separate covenants recorded against individual lots, prior to resale
of same property or land, which covenant shall run with the land
and be for the benefit of the city, in a form satisfactory to the city
Ordinance No. NS-XXX
Page 6 of 7
50A-8
attorney, that the owner of the lots shall immediately remove any
graffiti placed thereon.
Section 7. 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
BV:
Paula J. Coleman
Assistant City Attorney
AYES:
NOES:
ABSTAIN
Councilmembers
Councilmembers
Councilmembers
2006
Miguel A. Pulido
Mayor
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
50A-9
Ordinance No. NS-XXX
Page 7 of 7
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-XXX
Page 8 of 7
50A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
ORDINANCE AMENDING UTILITY USERS'
TAX DUE TO CHANGE IN INTERNAL
REVENUE SERVICE INTERPRETATION OF
FEDERAL
_`
CI Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 ~' Reading
^ Ordinance on god Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Sections 35-153 and 35-155 of the Santa Ana
Municipal Code related to the Utility Users' Tax for telephone services.
DISCUSSION
In 1975, the City of Santa Ana first adopted a Utility Users' Tax
("WT"). The impetus for the tax was the need to implement an enhanced
crime prevention program and to establish the City's first paramedic
service. The WT was imposed on the use of telephone, electrical, and
gas utility services in the City. Since 1991, the tax rate has been 6~.
The telephone tax portion of the WT references the Federal Excise Tax on
telephone services found in 26 United States Code §§ 4251, 4252, and
particularly the exemptions found in §4253 (the "FET"). The FET is levied
upon local and long distance telephone communication services, and the
reference to the FET was for the purpose of adopting by reference the
limitations and exemptions found in the FET in 1975. It is important to
point out that the FET is not a basis or authority for the City's
imposition of the WT. The WT is levied pursuant to the City's inherent
powers as a charter city found in Article XI, Section 7 of the California
Constitution.
Over the years, the WT has been amended to address evolutionary changes
in the delivery of particular utility services subject to the tax. In
the case of telephone communication services, the tax was amended in 1991
to encompass wireless telephone technologies and to tax interstate and
international telephone communications as well as intrastate calls.
With the growth of wireless communications, a national dispute arose
regarding the application of the FET to long distance cell phone calls.
The FET defined long distance or "toll" calls as those for which charges
varied according to both the elapsed time of the call and the distance
between the persons on the call. Unlike traditional "land line"
50B-1
services, cell phone providers began to offer long distance service on a
flat or monthly rate without consideration to the distance of the calls
made. In 1979, the IRS had issued a Revenue Ruling (79-404) determining
that a variable for distance was not necessary for a toll call to be
subject to the tax. The IRS defended lawsuits around the Country
challenging the application of Revenue Ruling 79-404 and the FET to such
phone charges.
On May 25, 2006, the IRS issued Revenue Notice 2006-50 which announced
that the IRS was reversing its position held since 1979 (and upon which
the City relied in applying the WT to all long distance calls) and would
no longer interpret the FET as applying to wireless communications which
were billed based on time only, and not both time and distance. Revenue
Notice 2006-50 goes on to create a new service category call "bundled
services" which could extend the reach of this interpretation to
different billing practices by traditional phone companies as well as the
wireless providers.
Since the interpretation of the FET by the IRS is not necessarily binding
on the City of Santa Ana for purposes of levying or collecting the WT on
telephone communications services, Staff recommends that the WT be
amended to clarify that the reference to the FET in the WT is as
interpreted by the IRS prior to the issuance of Revenue Notice 2006-50.
In doing so, the City will continue to apply its WT to all telephone
services as it has historically, and consistent with the IRS Ruling 79-
404. At the same time, the proposed amendments continue to recognize and
retain the prior FET exemptions found in 26 U.S.C. §4253 as they existed
prior to May 25, 2006. This proposed amendment will also prevent future
ad hoc reaction to changes in Federal law that otherwise do not affect
the City's ability to levy the WT.
Proposition 218 does not apply to these amendments because they do not
increase, extend or create a new tax on telephone communication services.
Pending this proposed ordinance becoming effective, the Finance Director
will issue an administrative ruling consistent with this action notifying
all telephone communications service providers to continue to apply the
WT to all long distance bills irrespective of the impact of Revenue
Notice 2006-50 on the FET.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
50B-2
JWF 7/5/06
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTIONS 35-
153(n) AND 35-155 OF THE SANTA ANA
MUNICPAL CODE MAKING CERTAIN TECHNICAL
MODIFICATIONS TO THE UTILITY USERS TAX ON
TELEPHONE SERVICES DUE TO CHANGES IN
INTERPRETATION OF FEDERAL LAW.
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. Since 1975 the City of Santa Ana has collected a Users Utility Tax
("UUT") on telephone communication services. Since 1991, the tax
rate has been 6%.
B. When first adopted, the UUT was enacted with reference to Federal
Excise Tax, 26 United States Code §§ 4251, 4252 and 4253,
("FET") upon local and long distance telephone communication
services, as the FET was interpreted by the IRS the Internal
Revenue Service's ("IRS").
C. The reference to the FET in the UUT was intended to be used as a
benchmark for purposes of identifying the types of telephone
communication services subject to the tax, and those taxpayers
exempt from the tax. The FET was not a basis or authority for the
City's imposition of the UUT.
D. On May 25, 2006, the IRS issued its Revenue Notice 2006-50
which announced that the IRS was no longer interpreting the FET
as applying to wireless communications which were billed based on
time only, and not both time and distance. This revenue ruling
reversed the historical interpretation and practice of the IRS as it
relates to wireless telephone services and further reversed prior
IRS Revenue Ruling 79-404 which held that telephone services
which are billed based only on time are subject to the FET, and
upon which the City relied in collecting the UUT. As a result of
Revenue Notice 2006-50, effective August 31, 2006, the FET will
Ordinance No. NS-XXX
Page 1 of 6
50B-3
no longer be applicable to long distance calls billed on time only,
and certain other "bundled" services.
E. The City of Santa Ana does not want to apply the new IRS
interpretation to the UUT, but rather continue to apply its UUT to all
telephone services as it has historically and consistent with the IRS
Ruling 79-404.
F. The amendments continue to recognize and retain the prior FET
exemptions that existed prior to May 25, 2006.
G. Santa Ana has always taxed all types of telephone communication
services and has amended its ordinances in the past only to keep
up with the advances in technology in order to continue to capture
UUT for the range of telephone services already taxed.
H. The proposed amendments restate the telephone communication
services that are subject to the UUT. Only those telephone
communications services that were taxed before Revenue Notice
2006-50 will continue to be taxed.
The amendments do not increase or create a new tax on telephone
communication services.
J. The amendments neither extend the effective period of the UUT,
nor modify any sunset provision or expiration date of the UUT.
Section 2. Section 35-153 (n) of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in strikeout
for tracking purposes only):
"(n) Telephone Csommunication Sservices shall mean any telephonic quality
communication that is interconnected to the public switched network [as defined
in 47 U.S.C.A. Section 332(d), as amended from time to time, and the
regulations of the Federal Communications Commission], and shall include,
without limitation, the transmission of messages or information (including but not
limited to voice, telegraph, teletypewriter, data, facsimile, video, or text) or any
other transmission of messages or information by electronic, radio or similar
means throe h ";,~t~,oo,„,~«a ~~,.~.,.-,..;h th.-n4lhllc ..~nrltchPrl nrzfinlnrS ~ a
whether such transmission occurs
by wire, cable, fiber-optic, light wave, laser, microwave, radio wave [including, but
not limited to, cellular service, personal communications service (PCS),
specialized mobile radio (SMR), and other types of mobile telecommunications
regardless of radio spectrum used], switching facilities, satellite or any other
Ordinance No. NS-XXX
Page 2 of 6
50B-4
similar facilities. Except where inconsistent with the foregoing, Telephone
Communication Services shall also mean a "communications service" as
defined in Sections 4251, 4252 and 4253 of the Internal Revenue Code (the
"Federal Communications Excise Tax" or "FET"). Telephone
Communication Services shall not include "private mobile radio service"
[as defined in Part 20 of Title 47 of the Code of Federal Regulations as
amended from time to time], which is not interconnected to the public
switched network."
Section 3. Section 35-155 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 35-155. Telephone users tax.
"(a) There is hereby imposed a tax upon every person in the City of Santa Ana
using Ttelephone Csommunication Sservices as defined in Section 35-153(n),
above, including services for intrastate, interstate or international calls. The tax
imposed by this section shall be at the rate of six ((i) percent of all charges made
for such services and shall be collected from the
service user by the telephone communication services supplier or its billing
agent. To the extent allowed by law, the tax on telephone communication
services shall apply to a service user if the billing or service address of the
service user is within the city's boundaries. If the billing address of the service
user is different from the service address, the service address of the service user
shall be used.
(b) ~~
~~ ~~ ~~
.,f th~means er teshneleg3r-~ased~o-sue;-:-sew;~s~eleset~
~~ ~~
.The tax imposed under
subsection (a), above, shall not be imposed upon any person for using
Ttelephone Csommunication Sseices to the extent that,
the amounts paid for such
cemmar~ieatiei-t-services are exempt from or are not subject to +"n,~-tex-~.,poseQ
^a°; cec±,cc n351 cf the I^tcr^cl P ~^' the Federal Communications
Excise Tax as it was interpreted by the Internal Revenue Service prior to
May 25, 2006. In the event that the Ffederal Communications Eexcise Ttax en
's^mm ~ ^.~4'.. ..'`+ r! C +' A7F1 A7~7 ,~ A7G1 f+h
° c ~.
'^+°~^°' °^"^^"°~^~'° is ~°~eg~rrepealed, any reference in this section to
such law, " ,
,shall refer to that body of law,
Ordinance No. NS-XXX
Page 3 of 6
50B-5
i^+°„«,PetRtiens; that existed immediately prior to the date of repeal.z,s :;°I~„-as
...hinh ie ^. hl'c h°ra n °nr!°r°rl ~f+c.r 4h° .4..4° ..f r° ..I
.. p... ,..~..~~........~ ~..~.....~......~....~ .. ~.. vu~ ~rr~p°cc~r.
(c) The tax administrator, from time to time, may issue
r°^ ° °^}n of kh'n nn,4° -.^ administrative rulings ~~'°.~y;s-clarifying those
Telephone Communication Sservices that are subject to the
tax of subsection (a) above. Theses administrative rulings shall be for the
purpose of ensuring that despite changes in communications technologies
and practices, or changes in body of federal law referred to in this Article,
the tax remains applicable to all of those services intended by this Article,
to the extent not preempted by the State of California or the United States
of America. n^..~~~+°r.+,.l4h I°°-.I ^°„ ^rl }h° f rI ..I +.. I
. ~y I 4._.._ ..'~ ~_.._ ~_.'~~......~ ±_ n__ .................}.............~......~~ ...~~'~ In no event,
shall such administrative rulings be interpreted or s~iali-net have the effect
of imposinge a new tax, revising anye~ existing tax methodology, or
increasinge an existing tax. !^ 4h° c:~^t th4t the fcd , ~; .,no;~G ~a,~ o„
}°I°nnmm +' -.I r! #h' r4 4 4' ~ 14 h II f + +h
N
..._ __.__ _. ._~_~.~ ~_ .. _.. ..... .....~ ~... ........... ... ......~~~~~~~...~....~... ........,..... ~..avrpa-c.r-s
rrQQ„„nQQh''fff°rl°rl,l ° ° M In h' h' hl' h a a a a 4h ,4 4 s
T~
(d) As used in this section, the term "charges" shall include the value of any
other services, credits, property of every kind or nature, or other consideration
provided by the service user in exchange for the telephone communication
services. If anon-taxable service and a taxable service are billed together under
a single charge, the entire charge shall be deemed taxable unless the service
supplier can reasonably identify charges not subject to the utility users tax based
upon its books and records that are kept in the regular course of business, which
shall be consistent with generally accepted accounting principles. The term
"charges" shall not include charges for services paid for by inserting coins in
coin-operated telephones except that where such coin-operated telephone
service is furnished for a guaranteed amount, the amounts paid under such
guarantee plus any fixed monthly or other periodic charge shall be included in the
base for computing the amount of tax due.
(e) To prevent actual multi-jurisdictional taxation of telephone communication
services subject to tax under this section, any service user, upon proof to the tax
administrator that the service user has previously paid the same tax in another
state or city on such telephone communication service, shall be allowed a credit
against the tax imposed to the extent of the amount of such tax legally imposed
in such other state or city; provided, however, the amount of credit shall not
exceed the tax owed to the city under this section. For purposes of establishing
sufficient legal nexus for the imposition and collection of utility users tax on
Ordinance No. NS-XXX
Page 4 of 6
50B-6
charges for telephone communication services pursuant to this code, "minimum
contacts" shall be construed broadly in favor of the imposition and collection of
the utility users tax to the fullest extent permitted by California and federal law,
and as it may change from time to time.
(f) The tax imposed in this section shall be collected from the service user by
the service supplier or its billing agent. The amount of tax collected in one (1)
month shall be remitted to the tax administrator on or before the twentieth (20th)
day of the following month in accordance with section 35-163 of this code."
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.
ADOPTED this day of , 2006
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Attorney
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Ordinance No. NS-XXX
Page 5 of 6
50B-7
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-XXX
Page 6 of 6
50B-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 17, 2006
TITLE:
PUBLIC HEARING - RECOVERY OF
UNCOLLECTED COSTS FOR ABATEMENT OF
DANGEROUS AND ABANDONED BUILDINGS
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on t~~ Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
W~~.~,/
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution affirming the Fiscal Year 2005-2006 Dangerous and
Abandoned Building Program Report and authorize the transmittal of
uncollected Dangerous and Abandoned Building charges to the office of
Auditor-Controller, County of Orange.
The City's Dangerous and Abandoned Building Program has proven to be an
effective tool to abate dangerous and abandoned structures that create
an attractive nuisance for children and provide harborage for illegal
activity. The abatements are accomplished by board-ups and/or
demolition. Property owners are given 2 to 30 days to abate the
conditions or the City, through its contractors, will perform the work.
The property owner is then notified of the outstanding abatement costs
every 30 days until the Planning and Building Agency is reimbursed for
the expenditure.
Each year, the City finds it necessary to seek legal recourse in order
to recover the uncollected costs expended for abatement of dangerous and
abandoned properties. This year the outstanding charges for work
performed on five parcels is $3,418.60 (Exhibit 1). The property owner
names are provided in Exhibit 2. The most effective method of
collection is to submit these charges to the office of the County
Auditor/Controller in order that they may be placed as a lien on the
property tax rolls. Charges must be submitted to the County by their
deadline of August 10, 2006.
CONTINUED TO
FILE NUMBER
75A-1
Jurisdiction 061 Santa Ana
AC62L05A-Form 62 Type ofraX c-2
Special Assessment Add Transactions Date July 17. 2006
PARCEL NUMBER
6•t5 ASSESSMENT AMOUNT
18-23
198-081-27 582.05
398-392-15 438.20
407-041-39 980.00
405-161-31 375.35
008-142-09 1,043.00
TOTAL $3,418.60
DOC. NO.=AC62FORM REV:Sl92
EXHIBIT 1
75A-3
Recovery of Uncollected Costs for Abatement
of Dangerous and Abandoned Buildings
July 17, 2006
Page 2
FISCAL IMPACT
The recovered charges will result in an estimated $3,418.60 in the
Special Repair and Demolition Fund (fund no. 121-01-5579).
APPROVED AS TO FUNDS AND ACCOUNTS:
ay M. evino
cutive Director
Planning & Building Agency
KJ:rb
rb\=eporte\PY05-06 Coet Recovery
,rrancisco uuuerrez
Executive Director
Finance & Management
75A-2
Services Agency `w'
PROPERTY OWNER LISTING
David & Thuyen Tran
3630 Westminster AP#198-081-27 103 Linda
407 N. McClay
CA 92660
AP#398-392-15 28 W. Mountain View
Long Beach, CA 90805
WL Homes LLC $980.00
2823 W. Edinger AP#407-041-39 3121 W. Michelson 000200
Irvine, CA 92612-7673
New Foundation Communities $375.35
1051 W. Third St. AP#405-16131 253 W. Hanover
Costa Mesa, CA 92626
Tea Tran $1,043.00
1040 W. First St. AP#008-142-09 P.O.Box 10237
Westminster. CA 92685
EXHIBIT 2
75A-4
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE
COSTS OF SECURING AND DEMOLITION OF VARIOUS
STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING,
CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH
COSTS; AND ORDERING SUCH COSTS TO BE RECORDED
WITH THE ORANGE COUNTY RECORDER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive
Director of the Planning and Building Agency has submitted an itemized
report, a copy of which is on file with the Clerk of the Council, showing the
costs of securing and demolition of various structures carried out by the City
of Santa Ana upon each individual lot or parcel of land where such work was
done.
B. The Executive Director of the Planning and Building Agency has given
notice as required by law, in which the 17th day of July, 2006, at the hour of
6:05 p.m. was fixed as the time, and 60 Civic Center Plaza, Santa Ana as
the place, where any and all persons interested in said report might be
heard.
C. The City Council of the City of Santa Ana, at said time and place has
received, heard, and considered said report and all objections by property
owners liable to be assessed for the abatement, and directed such
modification of said report as it has deemed necessary.
Section 2. Each and every objection to said work and the costs thereof is hereby
overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby
confirmed; the cost of abatement work done in front of or upon each lot or parcel of real
property, as shown on Exhibits 1 and 2, which are incorporated by this reference as
though fully set forth herein, and the amounts therein on such assessments shall become
due thirty (30) days after the adoption of this Resolution.
Section 3. The Executive Director of Planning and Building Agency is hereby
Resolution No. 2006-xxx
Page 1 of 5
75A-5
directed to file a certified copy of said report and this Resolution with the County
Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or
before August 10, 2006.
Section 4. The County Auditor is requested to enter the assessments on the
county tax rolls.
Section 5. The County Tax Collector is requested to collect the assessment at
the time and in the manner of ordinary municipal taxes.
Section 6. The City of Santa Ana, hereby certifies that the special
assessments, special taxes, parcel taxes, charges and/or fees which are to be placed
on the fiscal year 2006-2007 property tax roll have been duly adopted in accordance
with State law and are legally valid.
ADOPTED this day of
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura A. Rossini
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
2006.
Miguel A. Pulido
Mayor
Resolution No. 2006-xxx
Page 2 of 5
75A-6
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. 2006-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. 2006-xxx
Page 3 of 5
75A-7
Jurisdiction 061 Santa Ana
AC62L05A -Form B2 Type of Tax c-z
Special Assessment Add Transactions Date JDIv 17, 2006
PARCEL NUMBER
6-15 ASSESSMENT AMOUNT
16-23
198-081-27 582.05
398-392-15 438.20
407-041-39 980.00
405-161-31 375.35
008-142-09 1,043.00
TOTAL $3,418.60
DOC. NO.=AC62FORM
REV:5/92
EXHIBIT 1
Resolution No. 2006-xxx
Page 4 of 5
75A-8
PROPERTY OWNER LISTING
ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT
David & Thuyen Tran $582.05
3630 AP#198-081- 103 Linda
Westminster 27 Newport Beach, CA
92660
Steven Charles $438.20
407 N. McClay AP#398-392- Westerfield
15 28 W. Mountain View
Long Beach CA 90805
WL Homes LLC $980.00
2823 W. Edinger AP#407-041- 3121 W. Michelson
39 000200
Irvine, CA 92612-7673
New Foundation $375.35
1051 W. Third AP#405-161- Communities
St. 31 253 W. Hanover
Costa Mesa, CA 92626
AP#008-142- Tea Tran $1,043.00
1040 W. First St. 09 P.O.Box 10237
Westminster. CA 92685
EXHIBIT 2
Resolution No. 2006-xxx
Page 5 of 5
75A-9
75A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2006
TITLE:
PUBLIC HEARING - iQEED
ABATEMENT PUBLIC NUI3ANC8
REPORT FISCAL YEAR 2005-2006
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~~ Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution affirming the fiscal year 2005-2006 Weed Abatement
Program Report and authorize the transmittal of uncollected weed
abatement charges and postings to the Office of Auditor-Controller,
County of Orange.
The Public Works Agency operates a year round program to maintain private
properties free of weeds and rubbish. City sanitation inspectors post
properties notifying owners of unsightly or unsafe conditions. Property
owners have ten days to abate the conditions or the City will perform the
work through its contractor. When posting a property a second time
within twelve months for the same violation, the City assesses a posting
charge. The property owner is notified of such outstanding charges every
30 days until the charges are paid.
Each year the City finds it necessary to seek legal recourse in order to
recover the uncollected costs of posting violations and cleaning various
parcels throughout the City (Exhibit 1). This year there are $38,207 in
outstanding charges for parcels cleaned by the City contractor and posted
by city crews (Exhibit 2). The most effective method of collection has
been to submit these charges to the Office of the County Auditor-
Controller. The fees are included in the property tax rolls and if in
default, are payable when the property changes ownership. The County's
deadline for inclusion is August 10, 2006.
75B-1
RECOMMENDED ACTION
Weed Abatement Public Nuisance Report
Fiscal Year 2005-2006
July 17, 2006
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
After affirmation by the Council, the charges will be submitted directly
to the Office of the Auditor-Controller, County of Orange for collection.
The revenues collected will be deposited into the City's Sanitation Fund
(account no. 68-01-5415).
APPROVED AS TO FUNDS AND ACCOUNTS:
James
Ross ~A cif .
Francisco n r .l ~ ,~
Gutierrez
Executi Director Executive Director
Public rks Agency Finance & Mgmt. Services Agency
SR/ST/6-21-o4/PUblicHearingWeedAbat ement
75B-2
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING
THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT:
MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR
SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED
WITH THE COUNTY AUDITOR, ASSESSOR AND TAX
COLLECTOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the
Executive Director of Public Works Agency has submitted an itemized
report, the Weed Abatement Program Report, which is attached hereto as
Exhibit 1 and is incorporated by this reference as though fully set forth
herein, which shows the costs of the public nuisance; and the costs of the
weed, rubbish and garbage abatement actions carried out by the City of
Santa Ana in front of or upon each individual lot or parcel of land where
such work was done.
B. The Executive Director of Public Works Agency has given notice as
required by law, in which the 17th day of July, 2006, at the hour of 6:05 p.m.
was fixed as the time, and 60 Civic Center Plaza, Santa Ana as the place,
where any and all persons interested in said report might be heard.
C. The City Council of the City of Santa Ana, at said time and place
has received, heard, and considered said report and all objections thereto
submitted by property owners liable to be assessed for the abatement,
and directed such modification of said report as it has deemed necessary.
Section 2. Each and every objection to said work and the costs thereof is
hereby overruled; Exhibit 1, is hereby made and confirmed as an assessment against
such lots or parcels respectively, said assessments are hereby levied, and shall constitute
liens on the respective lots or parcels of real property as shown on said report until paid.
Section 3. The Public Works Agency is hereby directed to file a certified copy
of said report and this Resolution with the County Auditor, County Assessor, and
County Tax Collector on or before August 10, 2006.
Section 4. The County Auditor is requested to enter the assessments on the
county tax rolls.
756'3 Resolution No. 2006-xxx
Page 1 of 5
Section 5. The County Tax Collector is requested to collect the
assessment at the time and in the manner of ordinary municipal taxes.
Section 6. The City of Santa Ana, hereby certifies that the special
assessments, special taxes, parcel taxes, charges and/or fees which are to be placed
on the fiscal year 2006-2007 property tax roll have been duly adopted in accordance
with State law and are legally valid.
ADOPTED this day of .2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura A. Rossini
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No.2006-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. 2006-xxx ~~~_w
Page 2 of 5 '~F
EXHIBIT 1
Jurisdiction: Santa Ana
Type of Tax: B8
AC62LO5A -FORM B2
756'5 Resolution No. 2006-xxx
Page 3 of 5
Special Assessment Add Date:
Transactions August 10, 2006
Jurisdiction: Santa Ana
Type of Tax: B8
AC62LO5A -FORM B2
Resolution No. 2006-xxx ~ C ~_~
Page 4 of 5 J
Special Assessment Add Date:
Transactions _ August 10, 2006
Jurisdiction: Santa Ana
Type of Tax:
AC62LO5A -FORM B2
75B-7 Resolution No. 2006-xxx
Page 5 of 5
Special Assessment Add Date:
Transactions August 10, 2006
75B-8