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ORDINANCE NS-xxxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE
RELATING TO BARKING DOGS, CARE AND MAINTENANCE OF
ANIMALS, AND CURBING OF DOGS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. It is essential that pet owners provide proper care for their dogs,
unfortunately, not all dogs receive humane treatment. Many are
kept outside all the time without proper shelter from the elements,
without food or water; some are tied or chained to a fence or stake,
often all day for their entire life. This ordinance provides minimal
requirements for dog owners.
B. Since 2001, Animal Services has responded to 984 noisy animal
complaints, of these complaints only three were submitted to the
City Attorney's office for the filing of a criminal complaint. The
current criminal process was found to be prohibitory and
burdensome in many cases. In response to citizen complaints, this
administrative process is adopted.
C. The American Society for the Prevention of Cruelty to Animals has
found that dog curbing laws are essential for both the health and
beautification of the community. Canine diseases and parasites are
often shed in feces, which puts other dogs and children at risk.
D. The staff reports and oral testimony before the Public Safety
Committee on March 27, 2007, and April 24, 2007, shall by this
reference be incorporated herein and together with this ordinance,
any amendments or supplements and the oral testimony before the
City Council, shall constitute necessary findings for this ordinance.
E. The Request for Council Action for this ordinance dated June 18,
2007, shall by this reference be incorporated herein, and together
with this ordinance, any amendments or supplements and the oral
testimony before the City Council at this meeting, shall additionally
constitute the necessary findings for this ordinance.
F. The City Council has considered all of the written and oral
testimony offered concerning whether to adopt this ordinance.
Ordinance No. NS-xxxx
Page 1 of 8
11 A-1
G. Based on this record the City Council finds that the standards set
forth in this ordinance, and each of them, are necessary to protect
the public safety and welfare of the residents of the City of Santa
Ana associated with animals.
H. The police power regulations, such as those employed in this
ordinance are legitimate, reasonable means of accountability to
help protect the public safety and welfare of the residents of the
City of Santa Ana.
In accordance with the California Environmental Quality Act, a
general rule exemption has been adopted for this ordinance.
Section 2. Section 5-1 is hereby amended to read as follows
Section 5-1. Definitions.
Unless the particular provisions or the context otherwise requires, the
definitions and provisions contained in this section shall govern the construction,
meaning, and application of words and phrases used in this chapter.
(a) Animal includes, but not limited to, birds, cats, dogs, fishes, fowl,
rabbits, reptiles and nonhuman mammals.
(b) Bird includes, but is not limited to, budgies, canaries, cardinals,
cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds,
macaws, parakeets, parrots, pigeons, sparrows, toucans and weavers.
(c) Commercial kennels means any lot, building, structure, or premises
where more than three (3) dogs over the age of four (4) months are
kept or maintained for any purpose, including but not limited to
boarding, training, or breeding, exclusive of dental, medical, or surgica
care, or for quarantine purposes.
(d) Domesticated animal means any dog, housecat (fells catus), livestock,
rabbit, poultry or bird.
(e) Dog includes any male, female, or neuter domesticated member of the
species Canis familiaris, but excludes other members of the family
canidae.
(f) Estray means any animal found running at large upon any land within
the city.
(g) Fowl means any larger domestic bird generally used for food and
includes, but is not limited to, the chicken, duck, goose and turkey.
(h) Livestock means animals kept for use on a farm and includes, but is
not limited to, any swine, sheep, goat, horse, cattle, equine or bovine
animal.
(i) Owner means any person having title to any animal, or a person who
has, harbors, or keeps, or who causes or permits to be harbored or
Ordinance No. NS-xxxx
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kept, an animal in his care, or who permits an animal to remain on or
about his premises for thirty (30) consecutive days.
(j) Premises means a parcel of land.
(k) Quarantine means the isolation of any animal within a substantial
enclosure to avoid its contact with other animals or unauthorized
persons.
(I) Running at large means free of restraint beyond the boundaries of the
premises of the owner or custodian.
(m)Vaccination means a protective inoculation against rabies with an anti-
rabies vaccine recognized and approved by the Orange County Health
Department.
(n) Vicious animal means any animal which has bitten or broken the skin
of, or in any manner attacked or attempted to attack any person or any
animal within the City of Santa Ana.
(o) Wild animal means any animal which is either:
(1) Not a domesticated animal, or
(2) A vicious animal over which the owner has evidenced a
failure to maintain control.
(p) Exotic animal means nonhuman primates and prosimians (such as
chimpanzees, monkeys); felids, except domesticated cats; ursids
(bears); elephants; crocodilians (such as alligators and crocodiles);
ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and
camels. These terms shall apply whether the animal is bred in the wild
or captivity. It is not the intent of this definition to include domesticated
species such as horses, cows, sheep, or llamas among the animals
listed above.
(q) Barking dog means a dog that barks, bays, cries, howls, or makes any
noise for an extended period of time to the disturbance of any person
at any time of day or night, regardless of whether the dog is physically
situated in or upon private property. Such extended period of time
shall consist of incessant barking for 30 minutes or more in any 24-
hourperiod, or intermittent barking for 60 minutes or more during any
24-hour period. A dog shall not be deemed a "barking dog" for
purposes of this Chapter if, at any time the dog is barking, a person is
trespassing or threatening to trespass upon private property in or upon
which the dog is situated, or when a dog is teased or provoked.
(r) Responsible Person as defined in Section 1-21.1(a)(1)-(5) of this
Code.
(s) Enforcement Officer as defined in Section 1-21.1 (b) of this Code.
Section 3. Section 5-50 is hereby amended to read as follows
Section 5-50. Limitation of number of dogs.
(a) No person or persons shall keep, harbor or maintain upon any one
premises within the city more than three (3) dogs unless the person or
Ordinance No. NS-xxxx
Page 3 of 8
11 A-3
persons shall comply with the commercial kennel requirements of this
chapter.
(b) There shall be no exceptions to this section.
Section 4. Sections 5-74 and 5-75 are added to Chapter 5 of the Santa Ana
Municipal Code to read in full as follows:
Section 5-74. Public Nuisance-Barking Dog
The City Council of the City of Santa Ana hereby decrees that maintaining,
keeping, and/or permitting a barking dog on any premises in the City of
Santa Ana constitutes a public nuisance. Every day the barking dog
violation exists shall be regarded as a new and separate offense.
Section 5-75. Enforcement-Barking Dog
(a) Any enforcement officer has the authority to issue an administrative
citation pursuant to the procedures set forth in sections 1-21.1-21.9
of this Code to any responsible person for a barking dog violation
that the Enforcement Officer did not see or hear based upon a
complaint, signed under penalty of perjury, lodged by a member of
the community who has been disturbed by the barking dog. All
barking dog complaints shall be lodged with the Santa Ana Police
Department.
(b) Prior to issuing the administrative citation to the responsible person,
the enforcement officer shall send a warning notice via first class
mail or shall personally serve upon the responsible person a
warning notice giving the responsible person ten (10) days from the
date of mailing or date of personal service in which to abate the
public nuisance caused by the barking dog.
(c) The administrative citation shall contain the information set forth in
section 1-21.5 of this Code.
(d) The responsible person shall have the right to appeal the
administrative citation as set forth in Section 1-21.8 of this Code.
(e) The procedures established in this section may be in addition to
criminal, civil or any other legal remedy established by law which
may be pursued to address violations of the municipal code.
Section 5. Section 5-76 is added to Chapter 5 of the Santa Ana Municipal
Code to read in full as follows:
Section 5-76. Care and maintenance of dogs.
(a) Shelter Requirements. It shall be unlawful for any person to keep,
house, or maintain any dog outdoors on any premises within the
City of Santa Ana unless the dog has access at all times to an
Ordinance No. NS-xxxx
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enclosed building or a shelter which meets all of the following
requirements:
(1) It is weatherproof meaning that it keeps the dog dry when it
rains and provides sufficient protection from the sun so that
the dog will not overheat;
(2) It has a floor that is level and dry;
(3) It is composed of material that will not result in injury to the
dog;
(4) It is maintained in a condition that will not result in injury to
the dog;
(5) It contains bedding material which is kept clean and dry;
(6) It allows the dog easy access in and out;
(7) It is cleaned and maintained in a manner designed to insure
sanitary conditions, including but not limited to, removal of
excrement, removal of urine, and treatment of area for flies,
fleas, ticks, and parasites as necessary.
(b) Water Requirements. It shall be unlawful for any person to keep,
house, or maintain any dog on any premises within the City of
Santa Ana unless the dog has access at all times to clean and
fresh drinking water.
(1) If the water is in a container, this container shall be
designed, secured, placed and maintained in a manner that
prevents tipping and spilling of the water.
(2) Water containers shall be kept clean and sanitary, out of the
sun, and shall be emptied and refilled regularly with fresh
water.
(c) Feeding Requirements. It shall be unlawful for any person to keep,
house, or maintain any dog on any premises within the City of
Santa Ana without providing food daily to maintain proper body
weight and good general health. The food shall be:
(1) Free from contamination.
(2) Wholesome, palatable, and of sufficient quality, quantity, and
nutritive value to meet the normal daily requirements for the
age, size, and breed of the dog.
(3) Easily accessible to the dog;
(4) Maintained in a sanitary condition;
(d) Tethering Requirements. It shall be unlawful for any person to
tether, fasten, chain, tie, restrain or cause a dog to be fastened,
chained, tied or restrained to a house, tree, garage, stake, fence, or
other object except in circumstances where all of the following
requirements are met:
(1) The tethering, fastening, chaining, tying, and restraining is
not accomplished by means of using a choke type of collar;
(2) The tethering, fastening, chaining, tying or restraining does
not last longer than is reasonably necessary for the person
to complete a temporary task;
Ordinance No. NS-xxxx
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11 A-5
(3) The length of the tether or implement used to restrain the
dog is not less than three (3) times the length of the dog's
body measured from the tip of the dog's nose to the end of
the dog's tail;
(4) The tether or implement used to restrain the dog is free from
entanglement;
(5) The dog has access to water, food, and shelter as described
in this section;
(6) The dog is monitored periodically.
(e) Exceptions. These provisions of this section shall not apply to the
following:
(1) Government agencies;
(2) Non-profit animal rescue organizations exempt from taxation
under Internal Revenue Code Section 501(c)(3);
(3) Humane societies or societies for the prevention of cruelty to
animals if incorporated under the provisions of the California
Corporations Code Section 10400 and the Nonprofit Public
Benefit Corporation Law in Part 2 of the California
Corporations Code, beginning at Section 5110; or
(4) Permitted dog or cat shows.
Section 6. Section 5-77 is added to Chapter 5 of the Santa Ana Municipal
Code to read in full as follows:
Section 5-77. Dogs to be curbed.
It shall be unlawful for any person, whether willful or as a result of failure
to exercise due care, having custody or control of any dog to permit that
dog to defecate in a public area, any area open to the public, or any
private property without the property owner's consent, without immediately
removing the feces and disposing of it in a sanitary manner.
Section 7. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Santa
Ana hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact
that any one or more sections, subsections sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Ordinance No. NS-xxxx
Page 6 of 8
11 A-6
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ADOPTED this _ day of July, 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura A. Rossini
Deputy City Attorney
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-xxxx
Page 7 of 8
11 A-7
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the
attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2007 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Patricia E. Healy
Clerk of Council
City of Santa Ana
Ordinance No. NS-xxxx
Page 8 of 8
11 A-8
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROPRIATING MONIES TO THE SEVERAL
OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY
FOR THE FISCAL YEAR COMMENCING JULY 1, 2007
isssnaio~
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Santa Ana hereby, finds,
determines and declares as follows:
A. The City Manager has prepared and submitted to this Council,
pursuant to the provisions of Section 605 of the City Charter, a proposed
budget for expenditures for the fiscal year commencing July 1, 2007,
together with his budget letter dated May 21, 2007.
B. In accordance with Section 606 of the City Charter, a public hearing
has been held upon the said proposed budget of expenditures after notice of
such public hearing had been published in the manner prescribed in said
Section 606 of the City Charter.
C. The proposed budget of expenditures duly submitted and considered
as hereinbefore stated, together with any supplemental revisions and
amendments thereto, was approved, adopted and fixed by the Council as
the annual budget of the City for the fiscal year commencing July 1, 2007, in
the amounts and for the funds, purposes, functions, department activities
and programs as therein set forth. Said adopted budget, including said
supplemental revisions and amendments, together with a copy of this
appropriation ordinance, shall be placed in the official files of the Clerk of the
Council.
SECTION 2: There are hereby appropriated to the several offices,
agencies, and departments of the City, being the respective objects and purposes
specified in that certain document entitled "City of Santa Ana Annual Budget 2007-2008,"
a copy of which is on file in the Office of the Clerk of the Council, out of the various funds
of the City, for fiscal year 2007-2008, the several amounts stated as proposed
expenditures from said funds, respectively, in those columns of said Budget that are
headed "Approved Budget 07-08." Each aggregate of expenditures so specified in said
Budget for said fiscal year for each program shall be deemed to be an appropriation for a
single object and purpose within the meaning of Section 609 of the Charter, except that as
to any office, department, or agency of the City for which more than one program is
11 B-1
designated in Section 2 (General Fund Operating Budget) of the said Budget, the
aggregate expenditure authorized for all programs in said Section 2 of each such office,
department, or agency shall be deemed to be an appropriation for a single object and
purpose within the meaning of Charter section 609.
SECTION 3: The appropriations hereby made shall constitute the maximum
expenditures authorized for the several offices, agencies, and departments opposite which
the amounts of such appropriations are shown in such Budget.
SECTION 4: No warrant shall be issued or indebtedness incurred for any
purpose which exceeds the unexpended balance of the appropriations established by this
ordinance, unless such appropriation shall have been amended or supplemented by the
City Council in the manner set forth in Section 609 of the Charter. The City Manager is
hereby authorized to make revisions between the items included within any such
appropriation if, in his opinion, such revisions are necessary and proper.
SECTION 5: The Executive Director of Finance and Management Services
is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in
said Budget in such amounts and at such times during the fiscal year as he may determine
necessary to the competent operation and control of City business, except that no such
transfer shall be made in contravention of State law or City ordinance or exceed in total the
amount stated herein or as amended by the City Council.
SECTION 6: One certified copy of this appropriation ordinance together with
a certified copy of each amendment thereto shall be transmitted by the Clerk of the
Council to the Executive Director of Finance and Management Services.
SECTION 7: Upon and from the effective date of this ordinance,
expenditures of monies appropriated hereby are authorized beginning July 1, 2007.
SECTION 8: The Clerk of the Council shall cause the title of this ordinance
to be published as required by law.
SECTION 9: All presently applicable documentation pertaining to the
number, titles, qualifications, powers, duties, or compensation of officers or employees of
the City, which has been previously approved by resolution or order of the City Council
and which is currently on file with the Executive Director of Personnel Services is
incorporated herein and is hereby approved. The City Manager is authorized to create,
alter, or abolish any position of employment, or the number, title, qualifications, powers,
duties, or compensation thereof, when such action is appropriate to promote the efficiency
of the City administrative organization; provided, however, that no such action shall be
effective unless and until approved by resolution or order of the City Council.
11 B-2
ADOPTED this day of June, 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Bv:
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
3
11 B-3
11 B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1" Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from various
City departments in accordance with the retention schedule outlined in
City Council Resolution 2006-045.
On July 3, 2006, the City Council approved a resolution outlining the
records retention schedule for the agencies, departments, and offices of
the City. City records are governed by the Public Records Act which
provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth
the retention period for a particular record. The Municipal Code
requires that the destruction of a City record be approved by the City
Attorney.
In accordance with Section 5B of the Citywide Records Retention Schedule
Resolution, the City Attorney has approved the list of records proposed
for destruction from the departments as outlined in the attached
documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C-1
-~ .
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney Date:
City Attorney's Office
From: Executive Director of Finance & Management
Services
June 11, 2007
Subject: REQUEST FOR DESTRUCTION OF RECORDS
The Finance & Management Services Agency requests your consent to destroy city records relating to the
Treasury Division on the attached listing, in accordance with the retention schedule outlined in Ciry
Council Resolution 2006-045.
Thank you.
~~~
Francisco Gutierrez
Attachments
C: Christine C. Duarte, Treasury Division
19C-2
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
FINANCE & MANAGEMENT SERVICES AGENCY-TREASURY DIVISION
2007
RECORD RECORD RECORD RECORD
CATEGORY SERIES DESCRIPTION DATES
BANKS Daily Bank Balance Reports of daily banking activity. June 2004
Report and Prior
Deposit Slips Treasury's copy of all City deposit slips sent to bank June 2004
and Prior
Returned Checks Co ies of customer checks returned b bank, letters sent
P Y June 2004
and Prior
to customers and other miscellaneous documents
Statements Statements relatin to investment bankin
9 9 June 2004
and Prior
Transfer Activity Records Documents ertainin to the wirin of funds to/from bank
P 9 9
June 2004
accounts and Prior
June 2004
BUSINESS Monthly Register Miscellaneous Business License Account Summary and Prior
LICENSE TAX Reports Information reports.
Deletion Records Deleted and/or cancelled accounts. June 2004
and Prior
Gross Receipts & Business License Tax statements filed by business June 2004
Variable Assessments operators. and Prior
Statements
Miscellaneous Receipts Receipts for miscellaneous payments. June 2004
and Prior
Original Applications Original business license tax applications. June 2004
and Prior
Payment Records Statements relating to calculation and payment of June 2004
business license tax. and Prior
Renewal Registration Statements relating to business owner information June 2004
Records and Prior
Payments /Daily Cash Business License Tax payments received and processed June 2004
Receipts via Treasury cashiers. and Prior
CHECKS
Voided /Canceled Checks voided/canceled; issued by the City; includes June 2002
Checks & Related Housing Authority, Workers Compensation, Payroll and and Prior
Reports Vendor; includes checks voided as a result of printer
misali nment.
19C-3
RECORD RECORD RECORD RECORD
CATEGORY SERIES DESCRIPTION DATES
CHECKS (cont.) Paid Paid checks issued by the City
includes Housing June 2002
,
Authority, Workers Compensation, Payroll and Vendor and Prior
checks.
Transmission of all List of all City checks issued to allow bank to clear checks June 2005
checks issued by City to through account for Positive Pay purposes. and Prior
Bank.
DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination June 2004
records. and Prior
Reports Daily payment information; unpostables; renewals; June 2004
noncompliance; tag list; penalties and Prior
Payments /Daily Cash Dog License payments received and processed via June 2004
Receipts Treasury Cashiers. and Prior
Cancellations Dog Licenses cancelled June 2004
and Prior
HOTEL Filing Records Original Registration June 2004
VISITORS TAX and Prior
Payment Records Monthly filings and remittances June 2004
and Prior
WATER Applications for Service Original copies of applications for installation of new water June 2004
ACCOUNTS service originated by Public Works and Prior
MUNICIPAL Billing Register Reports Computerized reports detailing accounts billed & June 2004
UTILITY respective charges and Prior
ACCOUNTS
Work Orders Investigations of water meter notices and meter June 2004
exchanges and Prior
Customer files Miscellaneous information /correspondence regarding June 2004
customer accounts and Prior
Deposit Reports List of Municipal Utility Service accounts that have a June 2004
deposit and Prior
Payment Report Lists daily receipts processed via Treasury Cashiers to
M
i
i
l Utilit
S June 2004
un
c
pa
y
ervice accounts by account number and Prior
Payments Daily receipts processed to Municipal Utility accounts by June 2004
Services account number and Prior
Municipal Utility Services Municipal Utility service Refunds requests and backup June 2004
information and Prior
Aging Report Lists balances of all Municipal Utility Service accounts June 2004
and Prior
PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury June 2004
and Prior
PARKING Collections Itemization of citation payments collected by contract June 2004
CITATIONS service a enc and Prior
19C-4
RECORD RECORD RECORD RECORD
CATEGORY SERIES DESCRIPTION DATES
PARKING Register Parking Citation Payments process by Treasury Staff June 2004
CITATIONS
t and Prior
(con
. )
Amounts Written-off
R
rt List of parking citations written-off by DMV June 2004
e o and Prior
DMVons Referred to Itemization of citations referred to DMV for collection June 2004
and Prior
DMV Collections DMV parking citation Collections June 2004
and Prior
REFUND
REQUESTS Business Tax Office;
Utility Users Tax; & Misc Refund requests to Treasury Division; includes supporting
documentation June 2004
.
Refunds and Prior
TREASURY Daily Treasurer's Report of daily revenues received with detail payment June 2004
Reports information and related working papers and Prior
Treasury Investment
A
ti
it All documents pertaining to Investment Activity June 2004
c
v
y Records and Prior
UTILITY USERS
TAX (UUT) Exemption Applications Homeowners low income exemptions applications June 2004
and Prior
Filing Records Original registrations June 2004
and Prior
Maximum Tax Filings Annual registration and maximum tax payment records June 2004
and Prior
Payment Records Monthly filings and remittances June 2004
and Prior
PREPARED BY:
~~Pi,t;~di2 ~G" Y ~ 6~y~~t-- do %/"~~7
Minerva H. Mancha Date
Treasury Services Supervisor
CONSENT BY:
Francisco Gutierrez Date
Executive Director
Finance & Management Services
RECORDS DESTROYED:
40
Number of Boxes
APPROVED BY:
l"' ZU~D~
J seph Flet er Dad
City Attorney
19C-5
19C-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
WORKFORCE INVESTMENT ACT
TITLE I SUB-GRANT FOR PY 2007-08
~~JCr ,["~'~
CITY MANAGER
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
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing additional revenues
of $567 in Title I Youth funds from the State of California for
Workforce Investment Act youth programs.
2. Adopt a resolution authorizing the City Manager or designee to
execute all necessary documents for the Workforce Investment Act
sub-grant with the State of California, Workforce Investment
Division.
DISCUSSION
The Workforce Investment Act (WIA) of 1998 provides funds to Local
Workforce Investment Areas (LWIA) to operate job-training programs
allowable under the Act for adults, dislocated workers and youth who meet
specific criteria as outlined in the Act. The City of Santa Ana was
designated as an LWIA and administrative entity on January 28, 2000, by
the State Workforce Investment Board. Santa Ana has received WIA funds
to operate job-training programs since July 1, 2000.
A new sub-grant is required at the beginning of each program year in
order to avoid the commingling of funds from previous .years. The
submission of this sub-grant is the first step in the process enabling
Santa Ana to receive these WIA funds as they are allocated by the State
for program year 2007-08.
By submitting this sub-grant agreement, the City will be eligible to
receive $1,241,367 in WIA Youth funds for program year 2007-08. The City
will also be eligible to receive additional funds for the Adult and
Dislocated Worker programs during the year by a unilateral modification
from the State of California.
20A-1
WIA Title I Sub-grant for PY 07-08
July 2, 2007
Page 2
At the time the 2007-08 City budget was approved, the final allocation of
funding from the State of California had not been received for the WIA
programs. As a result, estimated revenue figures were used. The Youth
allocation provided in the sub-grant agreement is greater than the
estimated allocation in the budget. This appropriation adjustment will
recognize the additional funds of $567 that will be budgeted to the Youth
and the Workforce Investment Board (WIB) Administration accounts.
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be increased in
the WIA Youth account (account no. 123-192-6933) and the WIB
Administrative account (account no. 123-190-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~i
Ste~ihen G. Harping
Deputy City Manager
Development Services
SGH/LM/FJ/mlr
H:\ACTIONS\2007 CC\WIASubgrant PY07-OB 7-2-07.doc
~.-
ll Francisco Gutierrez
~J~xecutive Director
Finance & Management Services Agency~~
20A-2
bksmo7
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT
SUB-GRANT WITH THE STATE OF CALIFORNIA,
WORKFORCE INVESTMENT DIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Workforce Investment Act (WIA) of 1998 provides funds to Local
Workforce Investment Areas (LWIA) to operate job-training programs
permissible under the Act for adults, dislocated workers and youth meeting
specific criteria set forth in the Act.
B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and
an administrative entity by the State Workforce Investment Board. The City of
Santa Ana has received WIA funds to operate job-training programs since
July 1, 2000.
C. A new sub-grant is required at the beginning of each fiscal year in order to
avoid the commingling of funds from the previous year. Submittal of this sub-
grant is the first step in the process enabling the City of Santa Ana to receive
WIA funds as they are allocated by the State of California for fiscal year 2007-
2008.
D. Submittal of the sub-grant agreement will enable the City to be eligible to
receive $1,241,367 00 in WIA Youth Funds for fiscal year 2007-2008. The
City will also be eligible to receive additional funds for the Adult and
Dislocated Worker Programs during the year by a unilateral modification from
the State of California.
E. The sub-grant and other related documents from the State of California must
be reviewed and executed by the City of Santa Ana in order to receive said
funding.
2U /~ _~} Resolution No. 2007-XXX
/~'~ J Page 1 of 2
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager or designee to execute all necessary documents related to the sub-grant
with the State of California, Workforce Investment Division.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2007- to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
2UA'4 Resolution No. 2007-XXX
Page 2 of 2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE
CONTRACT RENEWAL FOR
CHARTER BUS SERVICES
(SPEC. NO. 03-041)
/~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with Certified Transportation Services, Inc., for
charter bus services for a one-year period in an annual amount not to
exceed $50,000.
DISCUSSION
The Parks, Recreation and Community Services Agency utilizes charter bus
services for youth excursions and transportation to Zoo Camps. Coach buses
with restroom facilities are used for excursions that require one hour or
more of travel time. Shuttle buses are used for trips lasting less than
one hour.
On June 2, 2003, the City Council awarded a contract to Certified
Transportation Services, Inc., a Santa Ana vendor, for a two-year period
with provision for three, one-year renewals. The vendor has agreed to
renew the contract; however, the vendor has requested a four percent
increase due to the rising costs of fuel and insurance. The vendor has
performed satisfactorily during the past contract period, and staff
recommends the final renewal of the contract.
FISCAL IMPACT
Funds are available in the proposed fiscal year 2007-2008 Recreation Other
Contractual Services account (account no. 11-275-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Moue
Executive Di ector
Parks, Rec. & Comm. Svcs. Agency
~A,n-u.~ ~c~rL~C - r
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
GM/WO/03-041RF.8:uc 2 2A-1
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONTRACT RENEWAL FOR
TRANSPORTATION SERVICES
FOR THE SENIOR CENTERS
(SPEC. NO. 04-056)
~V-"'"_
TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with JFK Transportation to provide transportation
services for the Senior Centers for a one-year period in an annual amount
not to exceed $35,000.
DISCUSSION
The Recreation and Community Services Agency (PRCSA) provides a full scope
of senior services, including health and fitness classes, volunteer
opportunities, medical and legal consultations, and home delivered and on-
site meal programs. Additionally, PRCSA arranges daily transportation
services between Senior's homes and the City's Senior Centers including
daily shopping trips and monthly excursions to local venues. The vehicles
make approximately 2,000 round trips a month and are specially designed to
accommodate individuals with disabilities.
On June 7, 2004, the City Council awarded a contract to JFK Transportation
for a two-year period with provision for three, one-year renewals. The
vendor has performed satisfactorily during the past contract period and has
agreed to renew the contract without an increase in pricing. Staff
recommends the second renewal of the contract.
FISCAL IMPACT
Funds are available in the Recreation & Community Services Community
Affairs Other Contractual Services account (account no. 11-232-6291).
Gerardo Mouet
Executive Dir for
Parks, Rec. & Comm. Svcs. Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
5~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
GM/WO/04-056R2.S:uc 2 2 B '1
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONTRACT RENEWAL FOR GENERAL
CONTRACTING SERVICES
(SPEC. NO. 05-053)
~~~
CI Y MAN/AGyER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contract with KCK Construction Co. for general contracting
services for a one-year period in an annual amount not to exceed $85,000.
DISCUSSION
The City establishes an annual blanket order list consisting of vendors
that provide supplies and services that are required by agencies on a
consistent basis. General contracting services are required at times by
all City departments for the purposes of general maintenance, building
modifications, and renovation. The contract for general contracting
services will provide fixed pricing for multiple trades including
carpentry, concrete work, paper hanging, welding, suspended ceiling
installation, and sheet metal work for all City departments. Projects
identified for the next year include a remodel of the computer room and the
third floor lobby.
On June 6, 2005, the City Council awarded a contact to KCK Construction Co.
for a two-year period with provision for two, one-year renewals. The
vendor has performed satisfactorily during the past contract period and has
agreed to renew the contract without an increase in pricing. Staff
recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the various departmental Maintenance & Repair of
Buildings & Grounds accounts (object code 6261).
.~\, Francisco Gutierrez ~`•1
l~S Executive Director
Finance and Management Services Agency
FG/BP/OS-3053R1.2:uc 2 2 C '1
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONTRACT RENEWALS FOR ASPHALT
STREET MAINTENANCE AND ASPHALT
POTHOLE REPAIR
(SPEC. NOS. 06-101 AND 06-103)
CITY
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
I~J~ CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Renew the contract with Hardy and Harper, Inc., for asphalt pothole
zepairs for a one-year period in the annual amount not to exceed
$500,000.
2. Renew the contract with Hardy and Harper, Inc., for asphalt street
maintenance for a one-year period in the annual amount not to exceed
$1,112,510.
DISCUSSION
The Public Works Agency's Street Division is responsible for maintaining
approximately 400 miles of streets within the City of Santa Ana. In order
to do so, annual asphalt street maintenance and pothole repairs are
required.
Over the past several years, the City has realized good response and
service from the contractor as well as flexibility of service levels. As
needs change, the contractor has the ability to increase or decrease
resources without affecting City staff or other programs. Through this
contract the City's roadway maintenance budget has seen a reduction of 18
percent in unit costs for work performed. Staff that was previously
assigned to roadway maintenance has been reassigned to other maintenance
programs such as graffiti removal, trees and roadway cleaning.
Services provided under the asphalt street maintenance contract include the
excavation and cold milling of existing roadways, the installation of
pavement reinforcement fabric, construction of asphalt concrete pavement,
and crack sealing. In addition, the contract provides for water and sewer
system maintenance, including trench repair and the adjustment of water
valve boxes and manhole frames and covers to grade.
22D-1
Contract Renewals
July 2, 2007
Page 2
for Asphalt Street Maintenance
Services provided under the pothole repair contract include the repair of
all potholes and the repair of all damaged pavement areas not exceeding 50
sq. ft. in area with asphalt overlay. Since August 2006, over 800 tons of
asphalt concrete has been used to fill approximately 28,000 potholes and
small damaged pavement areas. Hardy & Harper, Inc., has responded in a
timely manner with all requests for pothole repair, trench repair and
street overlays.
On August 7, 2006, the City Council awarded contracts to Hardy and Harper,
Inc., a Santa Ana vendor, for a one-year period with provision for three,
one-year renewals for asphalt street maintenance and pothole repair. The
vendor has performed satisfactorily during the past contract period and has
agreed to renew the contracts without a price increase. Staff recommends
the first renewal of the contract.
FISCAL IMPACT
Funds are available in the Public Works Road Maintenance, the Sanitary
Sewer Service, Water Utility Water System Maintenance Other Contractual
Services accounts (account nos. 11-631-6291, 56-575-6291 and 64-575-6291);
and Measure M-Street Construction Improvements Other Than Building account
(account no. 32-551-6631).
APPROVED AS TO FUNDS & ACCOUNTS:
6utive Director
lic Works Agency
/06-lOlRl.9 & 06-103R1.9:uc
y
C 6`~~ >
~,kFrancisco Gutierrez
`"Executive Director
Finance & Mgmt. Services Agency~~
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 2, 2007
TITLE:
CONTRACT RENEWAL FOR
SIDEWALK MAINTENANCE
(SPEC. NO. 06-102)
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s~ Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
~~-Gc/
CI Y MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Renew the contract with Channel Islands Sawing for sidewalk maintenance for
a one-year period in the annual amount not to exceed $50,000.
The Public Works Agency's Maintenance Services Division (PWA) is
responsible for maintaining the sidewalks of Santa Ana. PWA evaluates the
condition of the sidewalks, and identifies uneven surfaces, cracks and
holes that need repairing. Once identified, the repair work is contracted.
Offset grinding is the preferred method to repair uneven surfaces caused by
underlying tree roots that raise sidewalk areas, resulting in risks to
pedestrian traffic. During the previous contract term, 830 sidewalk areas
were repaired using offset grinding. A separate contract is used to repair
cracks and holes in sidewalks.
On August 7, 2006, the City Council awarded a contract to Channel Islands
Sawing for a one-year period with provision for three, one-year renewals.
The vendor has performed satisfactorily during the past contract period and
has agreed to renew the contract without an increase in pricing. Staff
recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the proposed fiscal year 2007-2008 Public Works Road
Maintenance Other Contractual Services account (account no. 11-631-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
s G. Ross ~ Francisco Gutierrez
utive Director Executive Director
is Works Agency Finance & Mgmt. Services Agency
JGR/WO/06-102R1.9:uc 2 2 E '1
22E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONTRACT AWARD FOR
MOTOR REPLACEMENT AT
WELLS 28 AND 38
(SPEC. NO. 07-042)
%".~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to SoCal Pump and Well Drilling, Inc., for the purchase
and installation of motors at Wells 28 and 38 in the amount of $64,042.
DISCUSSION
The Public Works Agency's Water Resources Division operates 21 water wells
that provide approximately 70 percent of the City's water supply. The
Agency is upgrading the motor control center at the wells located at 730
Memory Lane and 2736 N. Cambridge. The key components of the motor control
center are the motor and the motor drive. The motor moves the pumps and
the motor drive changes the speed of the pumps. This action is to upgrade
the motors, which require a significant lead-time to build. Staff will
return to Council for a bid award. for the drives on August 20, 2007. Once
both the motors and the drives have been upgraded at the two wells, the
pumps will operate more efficiently and use less energy, resulting in lower
operating costs.
The notice inviting bids was advertised on April 6 and 9, 2007 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
5 Bids received
1 Bid received from a Santa Ana vendor
Bids were received, opened on May 1, 2007, and evaluated (Exhibit 1). The
bid received from SoCal Pump and Well Drilling, Inc., is responsive to the
specifications and meets the City's requirements.
22F-1
Contract Award
July 2, 2007
Page 2
FISCAL IMPACT
for Motor Replacement
Funds are available in the Water Utility Water Production & Supply
Operating Materials & Supplies account (account no. 64-574-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
s U. Ross
utive Director
is Works Agency
JGR/WO/07-042.9:uc
~LG`YGGt"G2 G~~~Ll~r
,S-Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22F-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR MOTOR REPLACEMENT AT WELLS 28 & 38
(Spec. 07-042)
Vendor SoCal Pump and RPM Electric Bakersfield Well
Well Drilling, Inc. Motors, Inc. and Pump Co.
Location Riverside Garden Grove Bakersfield
Labor/
Materials*
Price
*Tax @ 7.75%
(materials only)
Shipping Charges
Total Cost
1% Local Vendor
Preference
$60,022.00
$ 4,020.00
Included
$64,042.00
N/A
$58,593.00 $63,184.00
$ 4,083.71 $ 4,622.25
$ 2,635.00 Included
$65,311.71 $67,806.25
N/A N/A
Vendor Orange County
Pump Co.
Location Santa Ana
Labor/
Materials*
Price $70,651.68
(materials only) $ 5,204.26
Shipping Charges $ 1,900.00
Total Cost $77,755.94
1 % Local Vendor
Preference (777.56)
MMC, Inc.
Santa Fe Springs
$86,708.00
$ 5,208.62
$ 3,950.00
$95,866.62
N/A
~411~ 1
22F-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 2, 2007
TITLE:
CONTRACT AWARD FOR
PARKING METER HOUSINGS
(SPEC. NO. 07-059)
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on t~` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
ce.,~--
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Award a contract to Duncan Parking Technologies for the purchase of parking
meter housings in an amount not to exceed $128,900.
DISCUSSION
The Community Development Agency Downtown Parking Management Division
operates the City's parking meter program., This program generates
approximately $1,000,000 in revenue to the City every year.
In 1989, the City installed POM parking meters in the downtown area and two
years later expanded the parking meter program to include the Willard
District. In 2002, the City awarded a contract to Duncan Parking
Technologies for the purchase of the internal mechanism and software for
the existing 1300 POM parking meters and added 33 Duncan Parking
Technologies parking meter housings. The POM parking meter housings, which
utilize a mechanical locking system, are over 15 years old and require
continual repairs. The recommended action will allow for the replacement
of 342 parking meter housings with new housings with digital locking
mechanisms. Duncan Parking Technologies is the sole source provider of
Duncan meter housings. As a result, staff recommends Council approval of
this action.
FISCAL IMPACT
Funds are available in the Parking Meter Fund Machinery & Equipment account
(account no. 27-013-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~» ~~~ --rte ~
St e G. Ha ing ,y Francisco Gutierrez
Deputy City Manager for 5 Executive Director
Development Services Finance & Mgmt. Services Agency
SGH/SP/07-059.1:uc ~f~f/'!_A
22G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONTRACT AWARD FOR
BLOOD AND BREATH
TECHNICIAN SERVICES
(SPEC. N0.07-060)
Cr~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to California Forensic Phlebotomy, Inc., for blood and
breath technician services for a two-year period, with provision for three,
one-year renewals in an annual amount not to exceed $80,000.
DISCUSSION
The Santa Ana Police Department Forensics Division contracts with
California Forensic Phlebotomy, Inc., the current provider of blood and
breath technician services for all Orange County law enforcement agencies,
to provide blood alcohol level testing and analysis, drug content, blood
typing, and DNA testing. The testing is required for use as evidence in
the prosecution of criminal cases. California Forensic Phlebotomy, Inc.,
has been providing service to the City since 1992, and has performed
satisfactorily during the past year. As a result, the Police Department
recommends Council approval of this action.
FISCAL IMPACT
Funds are available in the Police Patrol Services Other Contractual
Services account (account no. 11-337-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters
Chief of Police
Francisco utierre~ J
Executive Director
Finance & Mgmt. Services Agency
PMW/SP/07-060.7:uc
22H-1
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JIILY 2, 2007
TITLE:
CONTRACT AWARD FOR FLOWER STREET
REHABILITATION (PROJECT NOS. 06-
1710 AND 06-1006)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance onlsaReading
^ Ordinance on 2 Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Award a contract to R.J. Noble Company, the lowest responsible
bidder, in accordance with unit bid prices in the estimated amount of
$2,566,914.90, for construction of the Flower Street Rehabilitation
project from Edinger Avenue to First Street and Civic Center Drive to
Seventeenth Street.
2. Approve a Funding Analysis with a total estimated construction cost
of $3,168,900.
The segments of Flower Street from Edinger Avenue to First Street and
Civic Center Drive to Seventeenth Street have been identified as a high
priority on the City's Pavement Management System (Exhibit 1). The
pavement is deteriorating due to weather, age, and heavy usage. Some of
the adjacent curbs, gutters, sidewalks, and driveway approaches are also
in various state of disrepair.
The project provides for construction of new street pavement and
replacement of damaged concrete curbs, gutters, sidewalks, driveway
approaches, and installation of wheelchair ramps. Once completed, these
improvements will enhance the ride quality, surface drainage and visual
appearance of the street. Additionally, the existing In-Roadway Flashing
Crosswalk (IRFC) at the intersection of Flower and Walnut Streets will be
removed and replaced with the latest IRFC model. Once completed, the IRFC
installation will enhance the visibility and safety of the existing
marked crosswalk.
23A-1
Flower Street Rehabilitation
July 2, 2007
Page 2
The Notice Inviting Bids was advertised on May 21 and 23, 2007, and bids
were opened on June 7, 2007. A summary of the bid invitations mailed,
the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 36
Contractors requesting bidding documents: 16
Bids received: 5
Bids received from Santa Ana Contractors: 0
NAME OF BIDDER CITY BID AMOUNT
1. R.J. Noble Company Orange $2,566,914.90
2. Excel Paving Company Long Beach $2,685,670.80
3. Shawman Downey $2,685.705.80
4. Sequel Contractors, Inc. Santa Fe Springs $2,703.162.55
5. All American Asphalt Corona $2,882,882.00
A total of five bids were received and all were responsive. The lowest
bid was submitted by R.J. Noble Company, for $2,566,914.90, which is
below the Engineer's estimate of $2,874,000.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
ER 2006-1 and ER 2005-97 were filed for the project.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$3,168,900 for the project (Exhibit 2). Funds are available in the
Select Street Construction Fund (account no. 59-551-6631) and in the
Measure M Construction Fund (account no. 32-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. oss Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
K:\COnstruction\RFCA-draft\2007\06-1710 2007-07-02 120 WD.doc
23A-2
FUNDING ANALYSIS
PROJECT NOS. 06-1710 and 06-1006
FLOWER STREET REHABILITATION
Construction Contract $2,566,914
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
TOTAL ESTIMATED CONSTRUCTION COSTS
Exhibit 2
$64,570
$147,990
$132,735
$256,691
53,168,900
23A-3
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23A-4
ST.
EDINGER AV
CIVIL CENTER DR.
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
AGREEMENT WITH CONQUIST AMERICA
FOR YOUTH SOCCER PLAYER
DEVELOPMENT AND COMMUNITY OUTREACH
PROGRAM AT THE SANTA ANA STADIUM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~` Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute a three-year agreement, with two one-
year renewal options, with Conquist America to provide a youth soccer
player development and community outreach program at the Santa Ana
Stadium.
2. Approve and appropriation adjustment recognizing $25,000 in Stadium
advertising revenue in the Capital Outlay Fund account(no.51-01-5799-4)
and recognize same in expenditure account for District 2 improvements
(account no 51-250-6631).
DISCUSSION
The Santa Ana Stadium is used for a variety of public events. It serves
as the home field for all four Santa Ana Unified School District high
schools, Mater Dei High School, and Santa Ana Community College. The
Stadium is also used by many local adult and youth sports organizations
and for annual special events. The Stadium recently underwent a major
renovation, which included the installation of new synthetic turf, a
state-of-the-art video scoreboard, and a new electronic marquee at the
corner of Flower and Civic Center Drive. It has now become one of the
premiere facilities in the County to host athletic events.
The Parks, Recreation and Community Services Agency has received several
requests from various sports organizations to program regular events at
the Santa Ana Stadium. Due to the high demand for this facility, the
Agency chose to reserve home field advantage at the Stadium for a non-
profit youth sports organization that not only provides Santa Ana youth
with an opportunity to develop their soccer skills at no cost, but also
invests in their academic development by providing tutoring and academic
counseling. A request for proposals was issued on May 9, 2007. A summary
of the request for proposal invitations and proposals received is as
follows:
25A-1
Agreement for
July 2, 2007
Page 2
Youth Soccer Program at Santa Ana Stadium
9 Request for Proposals mailed
9 Request for Proposals mailed to Santa Ana vendors
3 Proposals received
3 Proposals received from Santa Ana vendors
Proposals were received and opened on
submitted proposals, two were
organizations: Orange County Council,
Scouting Program and Conquist America
by California Youth Soccer did not
established in the RFP.
June 6, 2007. Of the firms that
eligible 501(c)(3) non-profit
Boy Scouts of America Soccer and
Ioccer Club. The proposal submitted
meet the 501(c)(3) requirement
Each proposal was evaluated based on the vendor's experience and capacity
to deliver the program, the sustainability of the program, and past
performance. The evaluation results were as follows:
Score
California Youth Soccer Disqualified
Conquist America 459
O.C. Council, Boy Scouts of America 330
The proposal received from Conquist America was most responsive to the
specification and meets the City's requirements. The Conquist America
Soccer Club program serves 95 percent Santa Ana residents, between the
ages of 16 through 18, and provides them with advanced level athletic
training along with higher education preparatory guidance to secure their
future academic success. The educational support proposed by Conquist
America through its Education Foundation includes Princeton Review, SAT
and ACT preparation, laptop computers, community-based field trips,
leadership development clinics, and college application process guidance
and expense compensation. These services are all provided at no cost to
the student athletes and their families. In addition, Conquist America
pledged a $25,000 marketing contribution, which will be used to promote
the program at the Stadium. The City proposes to enter into a three-year
agreement with Conquist America, with two one-year renewal options.
FISCAL IMPACT
The appropriation adjustment will recognizing $25,000 in Stadium
advertising revenue in the Capital Outlay Fund account(no.51-01-5799-4)
and recognize same in expenditure account for District 2 improvements
(account no 51-250-6631).
APPROVED AS TO FUNDS AND ACCOUNT:
Gerardo Mouet Francis~o Gut errez, ~~
Executive Dir ctor Executive Director
Parks, Rec. a d Com. Svcs. Finance and Mgt. Svcs. Agency
25A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
AGREEMENT FOR GOVERNMENT
LIAISON SERVICES WITH TOWNSEND
PUBLIC AFFAIRS
CITY MANAGER
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
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and Clerk
of the Council to amend the agreement for government liaison services with
Townsend Public Affairs in an amount not to exceed $60,000.
DISCUSSION
Townsend Public Affairs has served as the City's representative in
Sacramento for seven years. The service includes the review and monitoring
of state legislation and funding opportunities.
Townsend Public Affairs has provided information to the City on legislative
issues such as local government finance, the 2007-2008 state budget, and
state enterprise zone bills. In addition, Townsend Public Affairs has
pursued grant opportunities on the City's behalf. Specifically, this past
year they advocated and helped secure funds for the synthetic turf at the
Santa Ana Stadium, youth intervention programs, local street projects, and
assisted in accessing public safety funds. Over the years, Townsend Public
Affairs has secured funding for the Discovery Science Center, the Delhi
Community Center, and the Bowers Museum.
25B-1
Townsend Agreement
July 2, 2007
Page 2
FISCAL IMPACT
Funds are available in the Public works Administrative Services account (no.
101-601-6291), the Community Development accounts (nos. 570-932-6291, 570-
933-6291, and 570-935-6291), and the City Manager's Non-Departmental account
(no. 11-012-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
i/.
-~.~:
Ste hen G. Ha ding
Deputy City nager
Development Services
G. Ross
tive Director
c Works Agency
~l S(~Z~ t to s~1~
Francisco Gutierrez
Executive Director _~
Finance & Mgmt. Services Agency ~ ..
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
AGREEMENT FOR GOVERNMENT
LIAISON SERVICE WITH THE
FERGUSON GROUP OF WASHINGTON,
D.C.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk
of the Council to execute an agreement for government liaison services with
the Ferguson Group in an amount not to exceed $75,000.
DISCUSSION
The Ferguson Group has served as the City's representative in Washington,
D.C. since 1987. The service includes the review and monitoring of federal
executive proposals and legislation, as well as administrative rules and
regulations that may affect the City. The Ferguson Group also assists the
City with grant applications and other special programs for which the City
may qualify.
In the current fiscal year, the Ferguson Group assisted with appropriations
for the Bristol Street Widening Project. Since 2000, the Ferguson has
successfully advocated on the City`s behalf for water well rehabilitation
projects, Workforce Development monies, Empowerment Zone funding, arts and
technology projects, and various others.
25C-1
Ferguson Agreement
July 2, 2007
Page 2
FISCAL IMPACT
Funds are available in the Public works Administrative Services account (no.
101-601-6291), the Community Development accounts (nos. 570-932-6291, 570-
933-6291, and 570-935-6291), and the City Manager's Office account (no. 11-
011-6191).
APPROVED AS TO FUNDS AND ACCOUNTS:
''
Jam s G. Ross Francisco Gutierrez
Ex cutive Director Executive Director
blic Works Agency Finance & Mgmt. Services Agency
L"~",
`fly' ~
Ste en G. Ha ding
Deputy City ~nager
Development Services
25C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
LEGAL SERVICES AGREEMENT WITH
MUSICK, PEELER & GARRETT, LLP
~-d~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a legal services agreement with the
Law Firm of Musick, Peeler & Garrett, LLP in an amount not to exceed
$35,000.
DISCUSSION
The City Attorney's Office provides legal services to the City, its
officials and employees, primarily through staff attorneys. However, it
is sometimes necessary to retain outside counsel for specialized fields
of practice and cases that have extraordinary staffing requirements.
The Finance and Management Services Agency has requested a law firm
specializing in the field of 457 employee deferred savings plans and
general taxation issues for initial program review research.
Under the direction of the City Attorney's Office, the law firm of
Musick, Peeler & Garrett will provide such legal services. This firm is
highly regarded. It was selected based on their strong experience in
working with other public entities and their specialized knowledge in
this arena.
The hourly rate charged by Musick, Peeler & Garrett is $400 per hour,
however, Mr. Jay Adams Knight has agreed to a reduced rate of $350.00
for the duration of his representation regarding the City's 457 Plan.
This rate is competitive given the firm's expertise and the complexity
of the matters involved.
25D-1
Legal Services Agreement with
Musick, Peeler & Garrett, LLP
July 2, 2007
Page 2
FISCAL IMPACT
Funds are available in Finance and Management Services, Contractual
Services Fund (account no.ll-170-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONDITIONAL USE PERMIT NO. 2007-10
TO CONSTRUCT A 60-FOOT WIRELESS
FACILITY AT ST. BARBARA PARISH AT
730% SOUTH EUCLID STREET -
TRILLIUM COTISULTING, APPLICANT
MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s~ Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2007-10 as conditioned.
PLANNING COMMISSION ACTION
On June 11, 2007, the Planning Commission approved Conditional Use Permit
No. 2007-10 as conditioned by a vote of 5:0 (Betancourt, De La Torre
absent) to construct a 60-foot tall wireless facility designed as a
church tower at Saint Barbara Parish in the Open Space (O) zoning
district at 730% South Euclid Street. The Planning Commission made no
changes to the recommended conditions of approval outlined in the
attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
ay M. Trevino
E cutive Director
Planning & Building Agency
ME:rb
me\reports\cup07-10.T-Mobile church tower.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JUNE 11, 2007
TITLE:
PUBLIC HEARING - FILED BY TRILLIUM
CONSULTING FOR CONDITIONAL USE PERMIT
NO. 2007-10 TO CONSTRUCT A 60-FOOT
WIRELESS FACILITY AT ST. BARBARA PARISH
AT 730'/. SOUTH EUCLID STREET
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
Executive Director Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2007-10 as
conditioned.
Request of Applicant
Trillium Consulting, representing T-Mobile, is requesting approval of
Conditional Use Permit No. 2007-10 to allow the construction of a
wireless facility designed as a church tower at St. Barbara Parish
located at 730% South Euclid Street.
Property Description
The property is located within the Open Space (O) zoning district and has
a General Plan land use designation of Institutional (INS) (Exhibit 1).
The property is bounded by a neighborhood retail center to the north, St.
Barbara church school to the west and south, and multi-family residential
to the east and north (Exhibit 2). The subject property is approximately
.82 acres in size, rectangular in shape and improved with a church.
Project Description
T-Mobile is proposing to install a 60-foot wireless telecommunications
facility designed as a church tower at St. Barbara Parish (Exhibit 3).
The facility will house 12 panel antennas (three sectors of four
antennas). T-Mobile will lease approximately 125 square feet for an
equipment area that will be screened by a new wall and a partial roof to
EXHIBIT A
31 A-2
Conditional Use Permit No. 2007-10
June 11, 2007
Page 2
to match the symmetry of the church building. A 24-inch box size
Flowering Pear and Indian Hawthorn shrubs will be added to the existing
landscape (Exhibit 4). The existing church speakers located on the roof
of the church will be relocated into the proposed church tower. The
church tower matches the design and construction materials of the existing
parish and is located at a prominent setting just to the north of the
church structure near the intersection of Euclid Street and McFadden
Avenue (Exhibits 5 and 6).
Analysis of the Issues
In July 1998, the Planning Commission and City Council adopted an
ordinance regulating Wireless Communication Facilities throughout the
City. Major wireless facilities are required to have a stealth design and
be located on a building or in an area that provides the greatest amount
of visual screening and requires the approval of a conditional use permit.
The proposed wireless facility is located adjacent to an existing church
building and designed as a church tower that matches the architecture of
the church building. The telecommunication equipment is screened behind a
wall that matches the exterior architecture of the church and additional
landscaping has been added to the site.
The applicant has explored alternatives to the church tower such as
locating the cellular antenna on the roof of an existing building in the
area. Structures in the area, however, are not tall enough to meet the
coverage needs for T-Mobile and the adjacent properties are primarily
residential which does not allow this type of use. The 60-foot tall
facility is needed in order to improve cellular coverage and increase call
capacity and quality because it is located in an area with limited access
for wireless users. The proposed cellular antenna will provide a benefit
to Santa Ana residents, businesses and motorists who subscribe to T-Mobile
by closing service gaps in the area and providing additional calling
capacity. Equipment for the monopine will be screened by a new wall with
a partial roof for compatibility with the existing church building. All
wiring and conduit will be underground or hidden in the interior of the
proposed church tower. The proposed wireless facility complies with the
City's Wireless Communications Facility Ordinance and will provide needed
service to the west section of the City. The proposed upgrades and
screening are required to accommodate the T-Mobile wireless facility
antennas from public view.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve Conditional Use Permit No. 2007-10 as
conditioned.
31 A-3
Conditional Use
June 11, 2007
Page 3
CEQA Compliance
Permit No. 2007-10
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15303. This Class 3 exemption allows
in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2006-180 will be filed for this project.
~O.)v......___.
Marvin Ellenbecker
Landscape Development Associate
ME:jm
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31 A-4
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31 A-6
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KO- 6/1/07
RESOLUTION NO. 2007-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2007-10 TO ALLOW THE
CONSTRUCTION OF A WIRELESS FACILITY AT THE
PROPERTY LOCATED AT 730 '/4 SOUTH EUCLID
STREET
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. Conditional Use Permit No. 2007-10 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
June 11, 2007.
B. Conditional Use Permit No. 2007-10 has been filed with the City of Santa
Ana seeking to allow the construction of a wireless facility designed as a
church tower at the property located at 730 3/< South Euclid Street.
C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed 60-foot church tower will provide a service to
Santa Ana residents, businesses and motorists who
subscribe to T-Mobile services by reducing gaps in digital
cellular service and providing additional calling capacity for
its users, especially for those users traveling within the west
sector of Santa Ana.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
Resolution No. 2007-25
Page 1 of 7
31A-11
Federal law exempts local jurisdictions from regulating
health related issues as these issues are covered under
Federal laws. However, the proposed facility will be in
compliance with both the Federal Communications
Commission (FCC) and Federal Aviation Administration
(FAA) safety regulations.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed church tower, in conjunction with the existing
landscaping, will be compatible with the surrounding area
and will not adversely affect the economic viability of the
area. The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
predominantly residential area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The existing cellular facility has been designed to comply
with the regulations and conditions identified in Chapter 41
of the Santa Ana Municipal Code for a major wireless facility.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed monopine facility will not adversely affect the
General Plan as cellular facilities that are designed to be
compatible with the surrounding environment are consistent
with the goals and objectives of the Institutional (INS)
General Plan designation.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15303. This Class 3 exemption
allows in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2006-180 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2007-10 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes but is not limited to: the Request for Planning
Resolution No. 2007-25
Page 2 of 7
31A-12
Commission Action dated June 11.2007 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 11th day of June, 2007 by the following vote:
AYES: Commissioners: Alderete, Gartner, Leo, Mill, Munoz (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Betancourt, De La Torre (2)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-25 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 11, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2007-25
Page 3 of 7
31A-13
Conditions for Approval for Conditional Use Permit No. 2007-10
Conditional Use Permit No. 2007-10 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No.
2006-66).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The proposed wireless facility designed as a church tower shall be
constructed as per approved plans and the existing landscaping shall be
protected in place during the construction period on and around the
proposed 60-foot facility.
4. The proposed church tower shall be approved with the following
requirements:
a) The new antennas shall be camouflaged within the proposed church
tower and all cables and other equipment shall be screened from
public view.
b) Construct a new wall and partial roof to match the existing church
building to screen equipment cabinets or locate the equipment
cabinets inside the proposed church tower.
c) The church tower structure shall be completely enclosed from the
base to the top of the structure and designed to match the existing
architecture of St. Barbara Church.
Resolution No. 2007-25
Exhibit A Page 4 of 7
31A-14
5. The permit applicant recognizes that the frequencies used by the cellular
facility located at 7303/4 South Euclid Street are extremely close to the
frequencies used by the City of Santa Ana for Public Safety. This
proximity will require extraordinary "comprehensive advanced planning
and frequency coordination" engineering measures to prevent
interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by
the Association of Public-Safety Communications Officials-International,
Incorporated (APCO), and as endorsed by the Federal Communications
Commission (FCC). Prior to the issuance of any permits to install the
facility, (permit applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the
Orange County Sheriff-Coroner Department to minimize, to the greatest
extent possible, any interference with the Public Safety 800 MHz
Countywide Coordinated Communications System (CCCS). Similar
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
6. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
7. Before activating its facility, the permit applicant will submit to a post-
installation test to confirm that "advanced planning and frequency
coordination" of the facility was successful in not interfering with the City of
Santa Ana Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-Coroner
Department or aDivision-approved contractor at the expense of the
applicant. This post-installation testing process shall be repeated for
every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met
8. The permit applicant shall provide a 24-hour phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
9. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
interference issues. The name, telephone number, fax number and a-mail
address of that person shall be provided to the City's designated
representative upon activation of the facility.
10. The permit applicant shall insure that lessee or other user(s) shall comply
with the terms and conditions of this permit, and shall be responsible for
Resolution No. 2007-25
Page 5 of 7
31A-15
the failure of any lessee or other users under the control of permit
applicant to comply.
11. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
12. The proposed wireless communication structure must be engineered to
allow the colocation of other service providers.
13. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building and underground all electrical power from the utility source shown
on the approved site plan.
14. The property owner shall be responsible for removal of any graffiti to the
split face block walls around the perimeter of the property. Graffiti removal
must be done within 24 hours of the occurrence.
15. Conditional Use Permit No. 2007-10 expires five years from the date of
City Council approval.
Resolution No. 2007-25
Page 6 of 7
31A-16
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the foregoing document described as: Resolution No. 2007-25
Conditional Use Permit No. 2007-10) in this action by p acing a true copy t ereof
enc ose In sea a enve opes a ressed as follows:
Jason Kozora
Trillium Consulting (T-Mobile)
5912 Bolsa Avenue, Suite 202
Huntington Beach, CA 92649.
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2007-25
Page 7 of 7
31A-17
31A-18
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
RESOLUTION PERTAINING TO
UNREPRESENTED EXECUTIVE
MANAGEMENT EMPLOYEES
~.~
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
Adopt a Resolution regarding wages for unrepresented Executive Management
classifications of employment.
DISCUSSION
The City Council recently authorized amendments to its Memoranda of
Understanding with several City employee bargaining units, extending the
term of existing contracts through June 30, 2010 and providing adjustments
in wages and certain benefits. In these negotiated changes, the City
agreed to amend its contract with Ca1PERS to provide a 2.7`o at age 55
retirement formula for miscellaneous employees to be effective on January
1, 2009. In exchange for this benefit, City employees agreed that
beginning July 1, 2007, they will contribute incrementally toward the
employer's cost of the new retirement formula and that by July 1, 2009,
these employees' contributions will pay for the additional cost of the
plan.
As it had previously authorized for represented employees on May 7, 2007,
the City Council authorized extension of the 2.7`o at age 55 retirement
formula to both the unrepresented Unaffiliated Confidential and Executive
Management employees. In conjunction with this action, the City Council
authorized making incremental deductions from these employees' salaries
for contributions toward reducing the employer's cost of the new
retirement formula. Then on June 4, 2007, the City Council authorized
salary increases previously approved for represented employees, but only
for the Unaffiliated Confidential group.
Adoption of the subject Resolution will provide fourteen unrepresented
Executive Management employees with the same future adjustments in salary
that Council authorized for employees represented by Service Employees
International Union (SEIU), the Santa Ana Management Association (SAMA),
miscellaneous employees represented by the Police Officers Association
(POA), and the Unaffiliated Confidential group.
55A-1
Resolutions for Unrepresented Executive Management Employees
July 2, 2007
Page 2 of 2
FISCAL IMPACT
The future cost of these salary increases for the fourteen Executive
Management employees is $148,832 for Fiscal Year 2008 and $158,654 for
Fiscal Year 2009.
APPROVED AS TO FUNDS AND ACCOUNTS:
nrique lv
Execut~ it ctor
Person el vices Department
f
..
Francisco Gutierrez
Executive Director
Finance & Management Services Agency `r
55A-2
RESOLUTION NO. 2007 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA TO AMEND RESOLUTION NO. 91-066 TO AMEND THE BASIC
COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT
DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the
City Manager to prepare, install, and maintain a position classification and pay
plan subject to civil service rules and regulations and the approval of the City
Council.
B. On July 1, 1991, the City Council passed and adopted Resolution No. 91-066 re-
establishing the Basic Classification and Compensation Plan for classifications of
employment designated as unrepresented Executive and Middle Management.
C. The City Council has amended Resolution No. 91-066 on numerous occasions
since its adoption.
D. On December 17, 2001, the City Council passed and adopted Resolution No.
2001-089 which amended Resolution No. 91-066 to provide that the salary rate for
the unrepresented Executive Management classification of Fire Chief shall be
increased to provide the same percentage increase as is provided to members of
the Fire Management Association.
E. On November 20, 2006, the City Council authorized amendments of its
Memoranda of Understanding with several employee bargaining units, including
the Service Employees International Union (SEIU) and the Santa Ana
Management Association (SAMA), extending the term of existing contracts through
June 30, 2010. Other changes included certain adjustments in wages and
benefits including an agreement to amend the City's contract with the California
Public Employees' Retirement System (CaIPERS) to provide a 2.7% at 55
retirement benefit for miscellaneous employees, effective January 1, 2009. In
exchange for this enhanced benefit, City bargaining units agreed that beginning
July 1, 2007, miscellaneous employees covered by CaIPERS will contribute
incrementally toward the employer cost of the new retirement plan, and that by
July 1, 2009, these employee contributions will pay for the additional cost of the
plan.
Resolution No. 2007-
Page 1 of 10
55A-3
F. It is the City's desire that with the exception of salary for the Fire Chief, that
unrepresented Executive Management officers and employees shall continue to
be subject to the same adjustments in wages and benefits as are provided for
Middle and Administrative Management employees represented by SAMA. It is
the City's desire to:
1. Adjust the base salaries assigned to unrepresented Executive Management
classifications by the same percentage, on the same dates and in the same
manner as provided represented Middle Management, Administrative
Management, and general service employee classifications as shown below:
July 1, 2008: 4.0%
January 1, 2009: 2.5%
July 1, 2009: 4.0%
January 1, 2010: 2.5%
G.
Section 2.
A.
2. Continue to provide the unrepresented Executive Management classification of
Fire Chief with the same percentage salary increase(s) as are or as will be
provided to members of the Fire Management Association.
3. Continue to provide unrepresented Executive Management officers and
employees with the same changes in retirement and other benefits, based on
similar conditions, as provided to represented management employees.
It is now desired to amend Council Resolution No. 91-066 to effect these
objectives.
That Resolution No. 91-066, as amended, is hereby further amended as follows:
Anew Subsection "C" shall be added to Section 2 Schedule of Salaries and shall
read as follows:
"C. Four separate salary schedules of 15-step rate ranges for classifications
designated as Executive Management (EM) are attached hereto in matrix format
and are made a part hereof as though set forth herein. These schedules and their
effective dates are listed as follows:
Salary
Schedule Effective
Unrepresented Cateporv of Employment No. Date
Executive Management (EM) EM-09 7/1/08`
EM-10 1 /1 /09"
EM-11 7/1 /09***
EM-12 1/1/10*'°'
Resolution No. 2007-
Page 2 of 10
55A-4
Effective July 1, 2008, the salary matrices showing monthly pay ranges and steps
in effect on June 30, 2008 assigned to classifications of employment designated
as unrepresented Executive Management shall be increased by four percent (4%),
the same percentage increase as that provided by City Council to Middle
Management classifications represented by SAMA.
** Effective January 1, 2009, the salary matrices showing monthly pay ranges and
steps in effect on December 31, 2008 assigned to classifications of employment
designated as unrepresented Executive Management shall be increased by two
and one-half percent (2.5%), the same percentage increase as that provided by
City Council to Middle Management classifications represented by SAMA.
*** Effective July 1, 2009, the salary matrices showing monthly pay ranges and steps
in effect on June 30, 2009 assigned to classifications of employment designated
as unrepresented Executive Management shall be increased by four percent (4%),
the same percentage increase as that provided by City Council to Middle
Management classifications represented by SAMA.
**** Effective January 1, 2010, the salary matrices showing monthly pay ranges and
steps in effect on December 31, 2009 assigned to classifications of employment
designated as unrepresented Executive Management shall be increased by two
and one-half percent (2.5%), the same percentage increase as that provided by
City Council to Middle Management classifications represented by SAMA."
B. Subsection A of Section 3 Designation of Management Classes and Assignment
of such Classes to Salary Rate Ranges shall read as follows:
"A. Unrepresented Executive Management Classifications
15 Step Salary Rate
Classification Title Range Effective 7/01/07
Assistant City Manager (EM) EM-39
Deputy City Manager for Development Services (EM) EM-41
Executive Director of Community Development (EM) EM-31
Executive Director, External Affairs (EM) EM-24
Executive Director of Finance and Management Services (EM) EM-32
Executive Director of Parks, Recreation & Community Services (EM) EM-31
Executive Director of Personnel Services (EM) EM-30
Executive Director of Planning and Building Safety (EM) EM-31
Executive Director of Public Works (EM) EM-35
Fire Chief (EM)
Library Director (EM)
Police Chief (EM)
EM-34*
EM-28
EM-47
* Note: Effective July 1, 2002, and in future years, the salary rate for the
Resolution No. 2007-
Page 3 of 10
55A-5
classification of Fire Chief shall be increased to provide the same percentage
increase, on the same effective date, as is provided to members of the Fire
Management Association. "
C. Subsection 4.3 of Section 4 Special Salary Compensation Provisions shall read
as follows:
"4.3 Compensation Plan Changes for Unrepresented Executive Management
Classifications. Unless specified otherwise herein, unrepresented Executive
Management officers and employees will be subject to the same changes in
compensation plan provisions, including but not limited to, bilingual pay; sick leave
maximum accrual; bereavement leave; holidays; health and dental insurance;
access to participate in City's Vision Plan; retirement; medical retirement subsidy
plan; and work week schedule, as provided or will be provided to SAMA
represented management employees on or after July 1, 2007."
D. Section 8. Other Unrepresented Executive Management and Emplovee Rights
and Privileges shall read as follows:
"Section 8. Other Unrepresented Executive Management Emplovee Rights and
Privileges. Each employee in a classification of employment designated in Sub-
section 3A of this Resolution as unrepresented Executive Management (EM) shall
continue to enjoy the same rights and privileges to which they were entitled as of
June 30, 2007."
Section 3. That except as amended by this Resolution, all other provisions of Resolution No.
91-066, as amended, shall remain in full force and effect.
Section 4. That this Resolution shall be operative, unless specified otherwise above, from
and after July 1, 2007.
ADOPTED this day of
Miguel A. Pulido
Mayor
Resolution No. 2007-
Page 4 of 10
55A-6
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
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. 2007- to be the original resolution adopted by the City Council of the City of
Santa Ana on
Date:
Resolution No. 2007-
Page 5 of 10
Patricia E. Healy
Clerk of Council
City of Santa Ana
55A-7
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
RESOLUTION TO DEVELOP A YOUTH AND
FAMILY MASTER PLAN
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~~ Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution to develop a Youth and Family Master Plan.
The Parks, Recreation and Community Services Agency and the City Council
recognize the need for mitigating risk factors that lead to problem
behavior in youth, and offering programs and services that promote the
positive development of young people. To accomplish this, the City plans
to bring together a broad base of stakeholders, including youth, parents,
and City, school district and business leaders, to work in a collaborative
process of strategic planning. This multi-year planning process will be
facilitated through the City's Youth Commission.
In addition, an important product of this process will be the development
of a Youth and Family Master Plan that identifies the needs of Santa Ana's
youth based on data and on community input, establishes a set of public
goals and priorities, and develops recommendations that will effectively
respond to the needs of Santa Ana's youth. This plan will assist in the
development of effective strategies to support the City's commitment to be
a catalyst for the positive development of young people.
FISCAL IMPACT
There is no fiscal impact associated with this action.
u•~
Gerardo Mouet,
Executive Dire for
Parks, Rec and Com. Svcs.
55B-1
(JXS 7/26/07)
RESOLUTION NO. 2007- xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DECLARING ITS COMMITMENT TO BE
A CATALYST FOR THE POSITIVE DEVELOPMENT OF
YOUNG PEOPLE.
WHEREAS, it is the City Council's desire to demonstrate its commitment to make
the needs of young people a priority on the public agenda;
WHEREAS, the City Council further recognizes the need for improving the
quality of life for everyone in the community by mitigating the risk factors that lead to
problem behavior in young people and by promoting the positive development of
children and youth;
WHEREAS, the City Council recognizes that it will be necessary to bring together
a broad base of stakeholders to work in a collaborative, community-wide process of
strategic planning, including youth, parents, City officials and staff, school district
leaders, City commissions, and business and civic leaders to develop along-term
strategic plan for youth and families;
WHEREAS, the City Council further recognizes that the City of Santa Ana Youth
Commission is in an optimal position to take a leadership role in the development and
implementation of a strategy and collaborative process that can be accomplished in
phases;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Santa Ana
as follows:
SECTION 1. The City Council hereby declares its commitment to make the
needs of young people a priority on the public agenda.
SECTION 2. The City Council hereby endorses the development of a Youth and
Family Master Plan that will identify and document the needs of youth in Santa Ana
based on data and on community input, establishes a set of public goals and priorities,
and develops recommendations that will effectively respond to the needs of children in
Santa Ana, and serves as a guide for policy makers within the City of Santa Ana for the
distribution of resources directed towards youth services.
SECTION 3. The City Council hereby endorses a process that involves the major
stakeholders in an inclusive and collaborative process with full involvement and
leadership by the City of Santa Ana Youth Commission.
Resolution No. 2007-XXX
Page 1 of 2
55B-2
SECTION 4. The City Council hereby directs the Parks, Recreation, and
Community Services Agency to implement a strategy in a phased approach to develop
the Youth and Family Master Plan that will carry out the intent of the City Council.
SECTION 5. The Mayor shall sign this resolution and the City Clerk shall attest
and certify the passage and adoption of this resolution and it shall become effective
immediately upon its approval.
Adopted this day of
2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Jose Sandoval
Senior Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2007-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Resolution No. 2007-XXX
Page 2 of 2
Clerk of the Council
City of Santa Ana
55B-3
55B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
RESOLUTION ESTABLISHING THE
APPROPRIATION LIMIT OF THE CITY
OF SANTA ANA FOR
FY 2007-08
~~~~
CITY MANAGER
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
RECOMMENDED ACTION
Adopt a resolution establishing the appropriation limit for the fiscal
year 2007-08
DISCUSSION
The State of California Constitution includes provisions, which impose a
limit ("the Gann Limit") on tax proceeds that may be appropriated for
expenditures by a local government in any given fiscal year and requires
the cities establish this limit by resolution. Adoption of the subject
resolution is necessary for compliance with these provisions for the fiscal
year ending June 30, 2008.
As detailed in the exhibits to the subject resolution, the City's spending
limitations from "Proceeds of Taxes" is calculated to be $734,815,099
(Exhibit A) for FY 2007-08. This represents the permitted growth rate
factor of 21.8432 times the adjusted base year (1978-1978) appropriation
limit of $33,640,451. Exhibit B identifies the factors used to determine
the allowable increase; Exhibit C categorizes FY 2007-08 anticipated
revenues from "Proceeds of Taxes" and "Non-Proceeds of Taxes"; and Exhibit
D computes the fiscal year 2007-2008 appropriations subject to this
limitation and identifies the difference between the limit and the budgeted
appropriation. As demonstrated in Exhibit D the City's anticipated FY 2007-
08 "Proceeds of Taxes" revenue will be $600,037,457 below the allowable
limit.
FISCAL IMPACT
There is no fiscal impact associated with this action.
rancisco Gutierrez
xecutive Director
Finance & Management Services Agency
55C-1
EXHIBIT A
COMPUTATION OF APPROPRIATION LIMIT
FOR FISCAL YEAR ENDING JUNE 30, 2008
Appropriation Limit:
1978-79 Base Year
Permitted Growth Rate
in appropriation (Exhibit B)
Appropriation Limit for the
Fiscal Year Ending June 30, 2008
33,640,451
21.8432
$ 734,815,099
55C-2
EXHIBIT B
CALCULATION OF PERMITTED GROWTH RATE IN
APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 2008
Factor 2007-08:
California CPI: 4.42%
Converted into a Factor 1.0442
Population Growth: 0.84%
Converted into a Factor: 1.0084
Rates of Change: 1.0442 x 1.0084 1.0530
Multiplied by 2006-07 Combined Index 20.7438
Combined Index 1979-80 through 2007-08 21.8432
55C-3
EXHIBIT C
SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES
FOR FISCAL YEAR ENDING JUNE 30, 2008
REVENUE
TAXES:
Property Tax
Sales Tax
Hotel Visitors' Tax
Business Tax
Documentary Stamp Tax
Utility Users'Tax
Total Taxes
FROM STATE:
State Motor Vehicle
State Gas Tax
State Cost Reimbs
State Grants
AOMD AB 2766 , TCR A62928
Total State
OTHER GOVERNMENT:
Community Development (CDBG)
Section 108
Homeowners Prop tax subve
UASI Grant
Housing (HUD)
W IA
Measure M, Street Grand, Gas Tax Exch
HOPWA
Civic Center and Park
Other Federal Grants
Total Other Government
PROCEEDS NON-PROCEEDS
OF TAXES OF TAXES TOTALS
54,667,910 $ $ 54,667,910
48,525,605 48,525,605
7,477,707 7,477,707
9,608,703 9,608,703
950,000 950,000
28,679,040 28,679,040
149,908,965 149,908,965
2,231, 362 2, 231, 362
6,481,840 6,481,840
602,370 602,370
442,820 442,820
6,354,615 6,354,615
2, 231, 362 13, 881,645 16,113, 007
7,384,680 7,384,680
14, 000, 000 14, 000, 000
272,200 272,200
4,186,000 4,186,000
27,613,510 27,613,510
4,183,515 4,183,515
36,221,500 36,221,500
1,371,940 1,371,940
4,684,375 4,684,375
639,130 639,130
272, 200 100, 284, 650 100, 556, 850
55C-4
Exhibit C
Continued
PROCEEDS NON-PROCEEDS
REVENUE OF TAXES OF TAXES TOTALS
LOCALLY RAISED:
Licenses and Permits 4,408,016 4,408,016
Franchise Fees 2,727,425 2,727,425
Development Fees 2,152,108 2,152,108
Fines and Forfeitures 6,100,562 6,100,562
Charges for Services 7,067,109 7,067,109
Parks and Recreations 1,425,713 1,425,713
From Use of Property 11,470,350 11,470,350
Others 1, 230, 308 1, 230, 308
Others-Inter-Agency 8,957,180 8,957,180
Total Locally Raised 45,538,771 45,538,771
OTHER MISCELLANEOUS:
Sale of Junk and Property 28,265 28,265
Attorney Reimbursements 1,115,405 1,115,405
Expense Reimbursements 1,602,062 1,602,062
Indirect Cost Recovery 2,856,000 2,856,000
From Prior Year Fund Balances 9,260,490 9,260,490
Refuse Program Saving 1,239,325 1,239,325
Refuse Contract Program Surcharge 2,872,365 2,872,365
Interfund Transfers 12,110,565 12,110,565
Total Other Miscellaneous 0 31,084,477 31,084,477
FROM USE OF MONEY:
Earnings on Investment
1, 034, 917
1,620,758 2,655,675
TOTAL REVENUES $ 153,447,444 $ 192,410,301 $ 345,857,745
55C-5
EXHIBIT D
APPROPRIATION SUBJECT TO LIMITATION
FOR FISCAL YEAR ENDING JUNE 30, 2008
Proceeds from taxes
Less: Exclusions:
Capital outlay
Appropriation subject to limitation
Current year limit
Over(under) limit
153,447,444
18,669,801
134,777,643
734,815,099
$ (600,037,457)
55C-6
Iss:06/06/07
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT
OF THE CITY OF SANTA ANA FOR FISCAL YEAR
2007-2008
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. Article XIIIB of the Constitution of the State of California, adopted by the
voters of the State of California in November 1978, imposes upon State
and local government the obligation to limit each fiscal year's
appropriations to those established in fiscal year 1978-79 as adjusted for
inflation and population, together with other specified changes required or
permitted.
B. In June of 1990, the voters of the State of California approved Proposition
111 which amended Article XIII B to establish the limit originally calculated
for fiscal year 1986-87 as a new adjustment base and to change the
definition of the cost of living to be either the percentage change in
California per capita personal income from the preceding year or the
percentage change in the local assessment roll from the preceding year
for the jurisdiction due to the addition of local non-residential new
construction.
C. Proposition 111 further modified Article XIII B requirements by making
certain capital outlay, debt service, emergency and court ordered
expenditures not subject to the limit and by allowing expenditures in
excess of one year's limit to be offset by underexpenditures in an
immediately following year.
D. The City of Santa Ana has opted to use as the inflation adjustment factor,
the percentage change in the California per capita personal income from
the preceding year.
E. The City of Santa Ana has opted to use as the population adjustment
factor, the County's percentage change in population from the preceding
year.
Resolution No. 2004-XXX
Page 1 of 2
55C-7
F. Division 9 of Title I of the Government Code of the State of California
(commencing with section 7900), as enacted by 1980 Statutes, Chapter
1205, effective January 1, 1981, directs the governing body of each focal
jurisdiction each year to, by resolution, establish its appropriations limit
and make other necessary determinations for the following fiscal year
pursuant to Article XIIIB of the California Constitution at a regularly
scheduled meeting or noticed special meeting. Fifteen days prior to the
meeting, documentation used in the determination of the appropriations
limit and other necessary determinations shall be available to the public.
G. This matter came on before the City Council at its regularly scheduled
meeting of July 2, 2007.
H. The Executive Director, Finance and Management Services of the City of
Santa Ana has determined the City's appropriation limit for fiscal year
2007-2008 in accordance with the said provisions of the Constitution and
laws of the State of California and the documentation used in said
determination has been available to the public since not later than June
18, 2007 in the office of the Executive Director, Finance & Management
Services.
Section 2. Based upon the above referenced facts and all facts specified in
the accompanying Request for Council Action and its attachments, and each of them,
the appropriation limit of the City of Santa Ana for fiscal year 2007- 2008 is hereby
found and determined to be $734,815,099.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2007.
Miguel A. Pulido
Mayor
Resolution No. 2004-XXX
Page 2 of 2
55C-8
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. 2007-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2004-XXX
Page 3 of 2
55C-9
55C-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 2, 2007
TITLE:
PUBLIC HEARING - EMERGENCY
ORDINANCE EXTENDING A
MORATORIUM FOR 10 MONTHS AND 15
DAYS ON THE ESTABLISHMENT OF
MASSAGE PARLORS
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an emergency ordinance of the City of Santa Ana extending a
temporary moratorium on the establishment of any new or expansion of any
existing massage parlor, or issuance of new (non-replacement) massage
technician permits, for a period of 10 months and 15 days.
DISCUSSION
The City adopted a 45 day moratorium on May 21, 2007 to prohibit the
establishment of any new or expansion of any existing massage parlor, or
issuance of new (non-replacement) massage technician permits. In 2006 the
City had received only seven applications for massage related permits.
But in the month prior to the adoption of the 45 day moratorium, over 23
individuals sought applications for massage related permits from the
City. This upswing followed the March 2007 raid by the Orange County
District Attorney and the police departments of Orange and Anaheim of ten
facilities (massage parlors or acupuncture clinics) in Anaheim, Orange,
Tustin and Dana Point as being alleged fronts for prostitution.
While some massage parlors are beneficial to the community and offer
needed services, others have been associated with a number of detrimental
impacts such as prostitution, late hours of operation, reduced property
values and noise. Provisions of Chapter 41 of the Santa Ana Municipal
Code do not specifically identify massage parlors as a land use or
designate zoning districts throughout the City where massage parlors may
be permitted. As such, these provisions of the Santa Ana Municipal Code
need review, study and possible revision in order to respond to recent
concerns relating to the impacts of massage parlors and the potential
establishment of new massage parlors in the City.
75C-1
Massage Parlor Moratorium
July 2, 2007
Page 2
In addition, Chapter 22 of the Code, which regulates massage
establishments and massage technicians and is enforced by the Police
Department, has been substantially unchanged since 1976. For comparison,
Anaheim, Orange and Costa Mesa have all updated their massage regulations
within the last four years.
Since May 21st, staff has held interagency meetings and has commenced a
study of the current provisions of the General Plan and Chapter 41 of the
Code to classify massage parlors and to determine where and under what
conditions such businesses should be permitted in the City. In addition,
staff has begun review of Chapter 22 of the Code should to determine how
it should be amended to fully protect the City. The proposed interim
ordinance will prohibit the establishment of any massage parlor,
expansion of existing massage parlors, or issuance of new (non-
replacement) massage technician permits for the balance of the year while
these studies are underway.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~
M. Trevino
Executive Director
Planning & Building Agency
BK:rb
rb/reports/Massage Parlor Moratorium Extension
Paul Walters
Chief of Police
75C-2
ORDINANCE NO. NS-XXXX
AN EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA EXTENDING FOR 10 MONTHS AND 15
DAYS THE TEMPORARY PROHIBITION ON THE
CONSTRUCTION OR ESTABLISHMENT OF ANY
NEW MASSAGE PARLOR
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana
Municipal Code do not specifically identify massage parlors as a land use or
specifically designate zoning districts throughout the City where massage
parlors may or may not be permitted.
B. For this reason, on May 21, 2007, at a regularly scheduled public meeting,
the City Council adopted Ordinance No. NS-2744, which established a
moratorium to prohibit the establishment of any new or expansion of any
existing massage parlor, or issuance of new (non-replacement) massage
technician permit.
C. Because of its age, current provisions of the Santa Ana Municipal Code fail to
fully take into account the potential impacts associated with the establishment
of massage parlors and fail to address the needs of the City and its residents
today and in the future. As such, provisions of the General Plan and/or the
Santa Ana Municipal Code ("the Code"), including Chapters 22 and 41, need
review, study and possible revision in order to respond to recent concerns
relating to the potential establishment of new massage parlors, expansion of
existing massage parlors, or adding new massage technicians, within the
City.
D. Given these concerns, the City Council has requested that a study be
undertaken of the current provisions of the General Plan and Chapters 22 and
41 of the Code to classify massage parlors and determine where, and under
what conditions additional massage parlors should be permitted. In addition,
the City Council has requested an analysis of the current permitting scheme
for permitting of massage technicians to determine whether they fully meet
the needs of the City's residents. Since adoption of Ordinance No. NS-2744,
staff has held interagency meetings and has commenced a study of the
current provisions of the General Plan and Chapter 41 of the Code to classify
massage parlors and to determine where and under what conditions such
businesses should be permitted in the City. In addition, staff has begun
Ordinance No. NS - XXXX
Page 1 of 5
75C-3
review of Chapter 22 of the Code should to determine how it should be
amended to fully protect the City.
E. Without adoption of this ordinance, properties in the City would quickly
receive entitlements to establish massage parlors, expand existing massage
parlors or persons would obtain permits to operate as massage technicians,
despite the fact that the city council has determined that the Code is in need
of updating and has directed that a study be done to recommend new
standards and revise the Code to address concerns created by new and
expanded permits for massage related activities.
F. In all of calendar year 2006, the City received only seven applications for
massage related permits.
G. But in the month prior to the adoption of Ordinance No. NS-2744 alone, over
23 individuals sought applications for massage related permits from the City.
H. This upswing closely followed the March 2007 raid by the Orange County
District Attorney and the police departments of Orange and Anaheim of ten
facilities (massage parlors or acupuncture clinics) in Anaheim, Orange, Tustin
and Dana Point as being alleged fronts for prostitution.
I. While some massage parlors are beneficial to the community and offer
needed services, others in southern California have been associated with a
number of detrimental impacts such as prostitution, late hours of operation,
reduced property values and noise.
J. Chapter 22 of the Code, which regulates massage establishments and
massage technicians and is enforced by the Police Department, has been
substantially unchanged since 1976. For comparison, Anaheim, Orange and
Costa Mesa have all updated their massage regulations within the last four
years.
K. If massage parlors are permitted in the City and left as currently regulated,
they will pose a serious threat to the public interest, health, safety and welfare
for the reasons stated above.
L. In order to prevent frustration of said studies and the implementation thereof,
the public interest, health, safety and welfare require the immediate
enactment of this ordinance. The absence of this ordinance would create a
serious threat to the orderly and effective implementation of any code
amendments or general plan amendments which may be adopted by the city
as a result of the studies in that the establishment or construction of massage
parlors may be in conflict with or frustrate the contemplated updates and
revisions to the Code, general plans or specific plans. Moreover, permitting
massage parlors to be established or expanded, or new massage technicians
Ordinance No. NS - XXXX
Page 2 of 5
75C-4
to be permitted during said studies and implementation would create impacts
on the public health, safety and welfare that the city council, in adopting this
ordinance, has found to be unacceptable.
M. The Request for Council Action for this ordinance dated July 2, 2007 and duly
signed by the City Manager shall, by this reference, be incorporated herein,
and together with this ordinance, any amendments or supplements, and oral
testimony constitute the necessary findings for this ordinance.
N. The city council finds, determines and declares that the current and
immediate threat to the public health, safety and welfare of the city and its
citizens necessitates the immediate enactment of the ordinance. The facts
constituting such urgency are set forth in paragraphs A-M of this ordinance.
O. One application for a massage establishment permit was completed prior to
the adoption of Ordinance No. NS-2744. The Police Department, and other
city agencies, has completed processing this single application including
performing background checks on the applicant's principals. The Police
Department recommends that the City Council grant relief from the effects of
the moratorium to this single applicant, who will be located at 2800 North
Main Street, Suite 404 (Permit No. 07-10514). No other individual or
applicants are in a similar situation.
Section 2. Extension of Moratorium Ordinance.
a. The City Council hereby extends Ordinance No. NS-2744, and
each and every substantive provision thereof, for a period of ten (10) months and
fifteen (15) days.
b. This ordinance is introduced, passed and adopted and thereafter is
immediately effective pursuant to Section 415 of the City Charter.
Section 3. This ordinance shall have no further force and effect ten (10)
months and fifteen (15) days from the date of its adoption; unless, however, after
public hearing the City Council members, by two-thirds (2/3) vote, extend this
ordinance for one additional year.
Section 4. The provisions of this ordinance shall not bar the issuance of a
massage establishment permit (or massage technician permits) to the facility
currently under construction at 2800 North Main Street, Suite 404 (Permit No. 07-
ype10514).
Section 5. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of this ordinance or Ordinance No. NS-2744.
The violation of any provision of this ordinance shall be punished as provided in
Section 1-8 of the Code.
Ordinance No. NS - XXXX
Page 3 of 5
75C-5
Section 6. The Clerk of the Council shall certify to the adoption of this
ordinance.
Section 7. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The city council finds that
this ordinance is necessary to protect the public safety, health and welfare. The
reasons for the emergency are set forth in Section 1, paragraphs A-O, inclusive
of this ordinance.
ADOPTED this day of , 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT:
Councilmembers
Ordinance No. NS - XXXX
Page 4 of 5
75C-6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS - XXXX
Page 5 of 5
75C-7
75C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JIILY 2, 2007
TITLE:
PIISLIC HEARING - REPORT ON DiATER
QIIALITY RELATIVE TO PIISLIC HEALTH
GOALS
/ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Accept the report on Water Quality Relative to Public Health Goals.
The California Environmental Protection Agency Office of Environmental
Health Hazard Assessment establishes Public Health Goals (PHGs) for
drinking water contaminants. The PHGs are guidelines and are not
requirements for any public water system. PHGs are frequently much lower
than the Maximum Contaminant Levels (MCLs) established by the United
States Environmental Protection Agency (USEPA). Under provisions of the
California Health and Safety Code, the City is required to prepare a
special report identifying water quality measurements that have exceeded
PHGs (Exhibit 1).
For the years 2004, 2005, and 2006, the report shows that Santa Ana's
drinking water continues to meet all State of California, Department of
Health Services, and USEPA drinking water standards set to protect public
health. However, the City's drinking water content of naturally
occurring uranium, arsenic, and copper levels exceeded the recommended
PHG levels. The report states that for naturally occurring uranium and
arsenic, additional treatment would be very expensive, marginally
effective, and will not result in significant reduction of the
contaminants. Therefore, no action is proposed.
The report also states that optimized corrosion control is the best
available technology to reduce the copper levels. The California
Department of Health Services has determined that the City has optimized
corrosion control with our treatment and monitoring procedures. The
implementation of new treatment technologies is therefore not
recommended.
75D-1
Public Hearing - Water Quality Relative to Public Health Goals
July 2, 2007
Page 2
State law specifies that a public hearing for the purpose of accepting
and responding to public comments on the report be held. Today's public
hearing will meet this legal requirement.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is not considered a DEQA project. Therefore, no
environmental documentation is required.
FISCAL IMPACT
is no fiscal impact associated with this action.
{~;~ J es
V Executi
Public
Agency
Y:\Water Operations\Quality\WQ Reports\PHG REPORT
75D-2
EXHIBIT 1
CITY OF SANTA ANA
REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS
Background:
Provisions of the California Health and Safety Code (Reference No. 1) specify that larger
(>10,000 service connections) water utilities prepare a special report by July 1, 2007, if their
water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non-
enforceable goals established by the Cal-EPA's Office of Environmental Health Hazazd
Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a
constituent, the water supplier is to use Maximum Contaminant Level Goals (MCLGs) adopted
by the United States Environmental Protection Agency (USEPA). Only constituents which have
a California primary drinking water standazd and for which either a PHG or MCLG has been set
aze to be addressed. (Reference No. 2 is a list of all regulated constituents with the MCLs and
PHGs or MCLGs).
There aze a few constituents that aze routinely detected in water systems at levels usually
well below the drinking water standazds for which no PHG nor has MCLG yet been adopted by
OEHHA of USEPA including Total Trihalomethanes. These will be addressed in a future
required report after a PHG has been adopted.
The new law specifies what information is to be provided in the report. (See Reference
No. 1)
If a constituent was detected in the City's water supply between 2004 and 2006 at a level
exceeding an applicable PHG or MCLG, this report provides the information required by law.
Included is the numerical public health risk associated with the MCL and the PHG or MCLG, the
category or type of risk to health that could be associated with each constituent, the best
treatment technology available that could be used to reduce the constituent level, and an estimate
of the cost to install treatment if appropriate and feasible.
What Are PHGs?
PHGs are set by the California Office of Environmental Hazazd Assessment (OEHHA),
which is part of Cal-EPA and are based solely on public health risk considerations. None of the
practical risk-management factors that are considered by the USEPA or the California
Deparhnent of Health Services (CDHS) in setting drinking water standazds (MCLs) aze
considered in setting the PHGs. These factors include analytical detection capability, treatment
technology available, benefits and costs. The PHGs aze not enforceable and aze not required to
be met by any public water system. MCLGs aze the federal equivalent to PHGs.
Water Quality Data Considered:
All of the water quality data collected by our water system between 2004 and 2006 for
the purpose of determining compliance with drinking water standazds was considered. This data
1
75D-3
was all summarized in our 2004, 2005, and 2006 Annual Water Quality Reports, which were
mailed to all of our customers. (Reference No. 3)
Guidelines Followed:
The Association of California Water Agencies (ACWA) formed a work group, which
prepazed guidelines for water utilities to use in preparing these required reports. The ACWA
guidelines were used in the prepazation of this report.
Best Available Technology and Cost Estimates:
Both the USEPA and CDHS adopt what are known as BATs or Best Available
Technology, which are the best known methods of reducing contaminant levels to the MCL.
Costs can be estimated for such technologies. However, since many PHGs and all MCLGs aze
set lower than the MCL, it is not always possible nor feasible to determine what treatment is
needed to further reduce a constituent downwazd to or neaz the PHG or MCLG, many of which
are set at zero. Estimating the costs to reduce a constituent to zero is difficult, if not impossible
because it is not possible to verify by analytical means that the level has been lowered to zero. In
some cases, installing treatment to try and further reduce very low levels of one constituent may
have adverse effects on other aspects of water quality.
Constituents Detected That Exceed a PHG or a MCLG:
The following is a discussion of constituents that were detected in one or more of our
drinking water sources at levels above PHG.
Naturally Occurring Urauium
The PHG for Natural Uranium is 0.43 pCi/L. The MCL or drinking water standard for
Natural Uranium is 20 pCi/L. We have detected Natural Uranium in 3 of our 20 wells at levels
4.45 to 10.4 pCi/L. The levels detected were below the MCL. The category of health risk
associated with Natural Uranium, and the reason that a drinking water standard was adopted for
it, is that people who drink water containing Natural Uranium above the MCL throughout their
lifetime could experience an increased risk of cancer. The 20 pCi/L MCL established by the
CDHS if complied with should have no adverse health effect. The numerical risk for cancer for
water containing Uranium at the PHG level of 0.43 pCi/L is one case in 1,000,000. The large
water system BAT for Natural Uranium to lower the levels below the PHG is Ion Exchange.
Total water production for all affected wells is 32,446 gallons per minute. Based on the USEPA
studies, the initial cost to treat one thousand gallons of water at 80 percent removal efficiency for
lazge water systems ranges from $0.50 to $0.65. The on going cost for the treatment ranges from
$0.50 to $0.65 per thousand gallons of water treated. For the City of Santa Ana, the estimated
cost to install such treatment systems (Ion Exchange) ranges between $6.45 and $20.0 Million.
The cost to operate the treatment facilities will range from $6.45 to $7.9 million per yeaz. The
cost to build the treatment facilities would result in an assumed increased cost for each customer
of $18.53 to $57.45 in the first year and from $18.50 to $22.70 per customer annually.
2
75D-4
Copper
The PHG for copper is 170 ug/L. There is no MCL for Copper. Instead the 90s'
percentile value of all samples from household taps in the distribution system cannot exceed an
Action Level of 1300 ug/L for copper.
The category of health risk for copper is gastrointestinal imtation. Numerical health risk
data on copper have not yet been provided by OEHHA, the State agency responsible for
providing that information.
All of our source water samples for copper in 2006 were less than the PHG. Based on
extensive sampling of our distribution system in 2006, our 90`h percentile value for copper was
200 ug/L.
Our water system is in full compliance with the Federal and State Lead and Copper Rule.
Based on our extensive sampling, it was determined according to State Regulatory requirements
that we meet the Action Levels for copper. Therefore, we aze deemed by CDHS to have
"Optimized Corrosion Control" for our system.
In general, optimizating corrosion control is considered to be the best available
technology to deal with corrosion issues and with any lead or copper findings. We continue to
monitor our water quality pazameters that relate to corrosively, such as pH, hazdness, alkalinity,
and total dissolved solids. Action will be taken if necessary to maintain our system in an
"Optimized Corrosion Control" condition.
Since we aze meeting the "Optimized Corrosion Control" requirements, it is not prudent
to initiate additional corrosion control treatment as it involves the addition of other chemicals,
and there could be additional water quality issues raised. Therefore, no estimate of cost has been
included.
Arsenic
The PHG for arsenic is 0.004 ug/L. The MCL for azsenic is 10 ug/L. We have detected
Arsenic in 3 of our 20 wells at levels ND - 3.2 ug/L. The levels detected were below the MCL.
The category of health risk associated with Arsenic, and the reason that a drinking water standazd
was adopted for it, is that people who drink water containing Arsenic above the MCL throughout
their lifetime could experience an increased risk of cancer. The 10 ug/L MCL established by the
USEPA if complied with should have no health effect. The numerical risk for cancer for water
containing Arsenic at the PHG level of 0.004 ug/L is one case in 1,000,000. The large system
BAT for Arsenic to lower the levels below the PHG is Ion Exchange. Total water production for
all affected wells is 7,260 gallons per minute. Based on the USEPA studies, the initial cost to
treat one thousand gallons of water at 80 percent removal efficiency for lazge water systems
ranges from $0.50 to $0.65. The on going cost for the treatment ranges from $0.50 to $0.65 per
thousand gallons of water treated. For the City of Santa Ana, the estimated cost to install such
treatment systems (Ion Exchange) ranges between $6.45 and $20.0 Million. The cost to operate
the treatment facilities will range from $6.45 to $7.9 million per yeaz. The cost to build the
treatment facilities would result in an assumed increased to each customer or $18.53 to $57.45 in
the first yeaz and from $18.50 to $22.70 per customer annually.
3
75D-5
Recommendations for Further Action:
The drinking water quality of the City of Santa Ana meets all State of California,
Department of Health Services and USEPA drinking water standards set to protect the public
health. To further reduce the levels of the constituents identified in this report that are already
significantly below the health-based Maximum Contaminant Levels established to provide "safe
drinking water", an additional costly treatment process would be required. The effectiveness of
the treatment process to provide any significant reductions in the constituents' levels at these
already low values is uncertain. The health protection benefits of these further hypothetical
reductions are not at all clear and may not be quantifiable. Therefore, no action is proposed.
4
75D-6
REQUEST FOR COUNCIL/
AGENCY ACTION
MEETING DATE:
JULY 2, 2007
TITLE:
PAYMENT TO SOUTHERN CALIFORNIA GAS COMPANY
FOR GAS MAIN LINE RELOCATION ON MAIN
STREET
~. ~ ~~~~
CITY MANAGER E ECUTIVE`DIRECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize a payment to Southern California Gas Company in the
amount of $75,540 for the relocation of a 3-inch gas main line
located below the westerly Main Street sidewalk just north of
Broadway Place.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an Amendment to the Cooperative
Agreement between the City of Santa Ana and the Community
Redevelopment Agency for the manufacturing and installation of the
Main Street archway sign increasing the total amount by $75,540.
3. Approve an amended Funding Analysis with a total estimated
construction cost of $383,645.
COMMUNITY REDEVELOPMENT AGENCY ACTION
Direct the Agency General Counsel to prepare and authorize the Executive
Director of the Community Redevelopment Agency and the Agency Secretary
to execute an Amendment to the Cooperative Agreement between the City of
Santa Ana and the Community Redevelopment Agency for the manufacturing
and installation of the Main Street archway sign increasing the total
amount by $75,540.
80A-1
Payment to Southern California Gas Company
for Gas Main Line Relocation on Main Street
July 2, 2007
Page 2
DISCUSSION
On October 2, 2006, the City Council awarded a contract to LNI Custom
Manufacturing, Inc. for the fabrication and installation of the new 87-
foot wide Main Street archway sign. To accommodate the proposed sign
post footing location, the interfering underground gas line needed to be
relocated into the street by Southern California Gas Company (Exhibit
1) .
Based on the City's franchise agreement, Southern California Gas Company
is not responsible for the relocation cost of the gas line since the
scope of work for the Main Street Archway Sign project is not a change
of grade, alignment or width of a public street. The City, therefore,
is responsible for the cost of relocating the gas line. The cost
requested by Southern California Gas Company is reasonable and in line
with Public Works Agency staff's estimate.
ENVIRONMENTAL IMPACT
An Environmental Review (No. 2006-020) has been completed and a
Categorical Exemption has been filed for the project pursuant to the
California Environmental Quality Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$383,645. Funds are available in the South Main Corridor Fund (account
no. 553-936-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
J mes G~ Ross
ecutive Director
ublic Works Agency
Nancy T.UEdwards
Assistant Director
Community Development Agency
SGH/ML/NTE/mlr
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
H:WCTION5~2007 CCVT CC-CRA PaymlSoCalGasforGas Line Relocation 7-2-07.doc
80A-2
80A-3
FUNDING ANALYSIS AMENDMENT
(TO OCTOBER 2, 2006, FUNDING ANALYSIS)
PROJECT 07-8051
MAIN STREET ARCHWAY SIGN AT BROADWAY PLACE
Construction Contract
Contract Administration
Inspection and Testing
Survey
Contingencies
Southern California Gas Co.
TOTAL ESTIMATED CONSTRUCTION COSTS
EXHIBIT 2
$220,100
9,480
16,500
7,000
55,025
75,540
383 645
80A-4