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FULL PACKET_2010-06-07_WITHOUT ITEM 80A
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 17, 2010 CLOSED SESSION MEETING CALLED TO ORDER BOYS AND GIRLS CLUB OF SANTA ANA 950 W. HIGHLAND SANTA ANA, CA 92703 5:16 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem (5:39 p.m.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ SAL TINAJERO ABSENT: VINCENT F. SARMIENTO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS -None CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association CITY COUNCIL MINUTES 1 MAY 17, 2010 10A-1 Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana ADJOURNED 6:05 P.M. CITY COUNCIL MINUTES 2 MAY 17, 2010 10A-2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER BOYS AND GIRLS CLUB OF SANTA ANA 950 W. HIGHLAND SANTA ANA, CA 92703 6:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ SAL TINAJERO ABSENT: VINCENT F. SARMIENTO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT - No report provided. PUBLIC COMMENTS • Alex Vega, requested that Council reconsider location of upcoming Mexican Independence Day celebration taking place in Downtown Santa Ana. • Jaroslan Kramar, spoke in opposition to City Council's passage of resolution (2010- 019) and called for a revocation of said action. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tem Alvarez and Mayor Pulido abstained on Item 19D due to potential business conflicts. • Mayor Pro Tem Alvarez excused Councilmember Sarmiento. MOTION: Martinez SECOND: Benavides CITY COUNCIL MINUTES 3 MAY 17, 2010 10A-3 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MAY 3, 2010 -Clerk of the Council Office MOTION: Approve Minutes. BOARDS /COMMISSIONS 13A APPOINTMENT -YOUTH COMMISSION -Clerk of the Council Office MOTION: Appoint Isuri S. Ramos (Ward 2 resident) to the Youth Commission nominated by Mayor Pulido as the City-wide Regular representative for a term expiring December 14, 2010. (replacing D. Perez) 13B APPOINTMENT -YOUTH COMMISSION -Clerk of the Council Office MOTION: Appoint Luisa V. Camacho (Ward 5 resident) to the Youth Commission nominated by Councilmember Martinez as the Ward 2 Associate Member for a term expiring December 14, 2010. (replacing A. Martinez) 13C APPOINTMENT -PERSONNEL BOARD -Clerk of the Council Office MOTION: Appoint Eva Casas-Sarmiento (Ward 1 resident) to the Personnel Board nominated by Councilmember Martinez as the Ward 2 representative for a term expiring December 14, 2010. (replacing Ma. Isabel Rivera) CITY COUNCIL MINUTES 4 MAY 17, 2010 10A-4 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -City Attorney's Office -None 19B EXCUSED ABSENCES -Clerk of the Council Office MOTION: Excuse the absence of Councilmember Sarmiento from the May 17, 2010 City Council Meeting. 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER -Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between January 1, 2010 and March 31, 2010, valued at $25,000 and less. 19D REQUEST FOR PROPOSALS FOR GO LOCAL PROGRAM STEP 2 PUBLIC OUTREACH (PROJECT 09-2505-C) -Public Works Agency MOTION: Receive and file. *Mayor Pro Tem Alvarez and Mayor Pulido abstained from Item 19D, and Councilmember Sarmiento was absent. BUDGETARY MATTERS AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Item 25A and 25B) 25A BRISTOL STREET CORRIDOR (PROJECT NO. 08-1700) -Public Works Agency AGMT 2010-085 -With Pieper Properties for the purchase of 1211 West Warner Avenue in the amount of $1,429,550 AGMT 2010-086 -With Zapateria Guanajuato for acquisition settlement for the property at 303 N. Bristol in the amount of $225,000 CITY COUNCIL MINUTES 5 MAY 17, 2010 10A-5 25B AGMT 2010-087 - COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE -With TriTech Software Systems in an amount not to exceed $119,867 for aone-year period -Fire Department LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES 31A CONDITIONAL USE PERMIT NO. 2010-02 TO ALLOW A 60-FOOT HIGH MONOPINE WIRELESS FACILITY LOCATED IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT- 1209 EAST WAKEHAM AVENUE - Planning and Building Agency Recommended action approved by the Planning Commission on April 12, 2010, by a vote of 7-0. Applicant: Sequoia Deployment Services, representing T-Mobile MOTION: Receive and file the staff report approving Conditional Use Permit No. 2010-02 as conditioned. **END OF CONSENT CALENDAR** WORK STUDY SESSION WSA CAPITAL IMPROVEMENT PROJECTS -presented by Souri Amirani, Deputy City Engineer 10 Year History ,s12o *nn ¦QiYFa~IIFS ! W ¦YitI~S~TIRI~OYFJ/l16 Y'ILIIMCIM~OVFa~F13 SBO o~~~n z o • s6o $ao i ,520 :',4 tl SO 01/02 02/03 03/x{ 0{/QS QS/~ 0607 0708 0809 09/10 10/11 CITY COUNCIL MINUTES 6 MAY 17, 2010 10A-6 FY09/10 Accomplishments • Residential Street Repair: Wilshire at Standard • Residential Street Repair: Lynwood at Grovemont • Bristol Street Widening: Pine to Third • Cabrillo Tennis Center Clay Court • Jerome Center Interior • Jerome Center Exterior FY 10/11 Capital Improvement Projects • Neighborhood Improvements $12,231,167 • Arteriallmprovements $25,881,582 • Traffic Improvements $ 2,179,845 • Infrastructure Improvements $ 8,400,000 • City Facility Improvements $ 2,676,630 • Park Improvements $ 1,840,215 • TOTAL FY 10/11 CIP: $53,209,439 Funding Highlights • Residential Street Repair Local Bond $10 million • OCTA Gas Tax $16.2 million • Measure M Turnback $2.9 million • Measure M Competitive $3.5 million • Proposition 1 B $3.6 million • Proposition 42 (Gas Tax) $3.5 million • CDBG $4.0 million • State Parks Funding $0.33 million • TOTAL FY 10/11 CIP: $53,209,439 FY 10/11 CIP Revenues CDBG GRANTS 54,x,000 AREA FEES 533,482,316 8,/• 63y 5148,000 0.3Yi PARS FUNDING 5754,215 lY WATER 56,000,000 I1•/i r~ SEWER 52,~~ si. CASTAX MEASURE M 53,519,563 52,905,345 7•/. 57. CITY COUNCIL MINUTES 7 MAY 17, 2010 10A-7 7-Year CIP $ 60 ®PARlU1lROYYYiTfIB .(]lYFACMli $ 50 1,1VkKAX'RCIK7U6tllAY4tUYli•YN77L ®17tAN~N:I W'Ml7YtiYd1% $40 ~ ? .tu~cawnuowurriwvrxnrrc r-i ~i;' ti $30 . ~ , u i'~ a $n Iii 10/11 rY 11/12 TY 12/13 PY 13/14 I•Y 14/15 tY 15/16 PY 16/17 Neighborhood Improvements Residential Street Repair • $72 Million, Three-year Plan to Repair 100% of Santa Ana's Residential Asphalt Streets • Innovative Project Implementation offers Model Approach for: ? Leveraging Public Works Dollars ? Cutting Costs and Improving Efficiency ? Environmentally Friendly/Alternative Construction Techniques • Thin Overlay Program • Cold In-Place Recycling • Full Depth Reclamation • Total Neighborhood Improvements: $12,231,167 Arterial Improvements • Bristol Widening Project St. Andrew to McFadden -Completed: 2002 Pine to 3~d -Completed: 2009 Elm to Memory Lane -Completed: 2003 Phase I: McFadden to Pine -Under Construction - $1.2 Million Phase II: 3`d to Civic Center -Construction: 2011 - $7.3 Million Bristol/17t" Intersection -Construction: 2011 - $7.3 Million Bristol/Warner Intersection -Construction: 2011 - $2.3 Million • Street Reconstruction /Resurfacing Broadway: Civic Center to Santa Clara = $2,160,500 First Street: Grand to I-5 Fwy = $1,100,000 Chestnut: Standard to Elk = $895,000 CITY COUNCIL MINUTES 8 MAY 17, 2010 10A-8 Minor Arterial Street Design = $400,000 • Alton: Susan to Forest • Alton: Main to Maple • Cambridge: Fairhaven to NCL • Chestnut: Ross to Main • Greenville: Edinger to Warner • McFadden: Maxine to Mohawk • Raitt: 1St to Washington Total Street Reconstruction/Resurfacing: $6,996,955 Traffic Improvements • Railroad Grade Crossing Safety Enhancement and Quiet Zone Improvement Projects = $789,845 • Total Traffic Improvements: $2,179,845 Infrastructure Improvements • Sewer Main Hotspot Repairs • Sewer Main Relining/Rehabilitation • Water Main Replacements • Total Sewer and Water: $8,400,000 City Facility Improvements • Santa Ana Public Facilities Renovation - 5t" & Spurgeon Parking Structure = $2,576,630 • Santa Ana Regional Transportation Center Improvements = $100,000 • Total City Facility Improvements: $2,676,630 Park Facility Improvements • Parking Lot Improvements at Adams Park, Campesino Park, EI Salvador Park, and Rosita Park = $280,000 • Santa Ana Stadium Synthetic Turf Upgrade = $150,000 • Golden Loop Bike Trail Rehabilitation Project = $357,600 • Total Park Facility Improvements: $1,840,215 FY 10/11 CIP Program • Neighborhood Improvements $ 12,231,167 • Arterial Improvements $ 25,881,582 • Traffic Improvements $ 2,179,845 • Infrastructure Improvements $ 8,400,000 • City Facility Improvements $2,676,630 • Park Improvements $1,840,215 TOTAL FY 10/11 CIP: $53,209,439 TOTAL 7-YEAR CIP: $274,474,976 Council discussion ensued. Santa Ana Stadium synthetic turf upgrade to be further reviewed prior to Council budget adoption. CITY COUNCIL MINUTES 9 MAY 17, 2010 10A-9 COMMENTS 90A CITY MANAGER'S COMMENTS -Acknowledged National Public Works week and thanked departmental staff for efforts. Robert Santana, Chief Professional Officer of Boys and Girls Club provided highlight of services at facility and upcoming field dedication of Angels Softball Field. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Thanked Boys and Girls Club for hosting tonight's meeting; • Requested staff review finding of Study on Arapaho Drive; • Staff to continue to provide update on SACRED community; and • Reported on criticism received by City Council on council's recent support of Arizona's SB1070. Councilmember Benavides: • Thanked Robert Santana and staff for hosting Council meeting, appreciative of programs offered to community; look forward to Santa Ana Student Summit, and grand opening of softball field. Councilmember Martinez: • Thanked City Manager Ream and Board of Directors for support of Boys and Girls Club over the years; • Relay for Life event taking place on May 22"d; invited all to attend at Santa Ana College field; • Wine Walk event taking place at Washington Square neighborhood; • Invited all to attend the Cambodian Family Achievement Center event; and • Commented on hardships of layoffs and City Hall Friday closures are a consequence of tough economic times. Mayor Pro Tem Alvarez: • Urged unions to work with City staff and Council on concessions to avoid further layoffs and service reductions. Mayor Pulido: • Expressed gratitude to AI Honer for generous donation to Boys and Girls Club. ADJOURNED - 7:44 p.m. -The next meeting of the City Council is scheduled for Monday, June 7, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 10 MAY 17, 2010 10A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended DESTRUCTION OF ? As Amended ? Ordinance on 15i Reading OBSOLETE CITY RECORDS ? ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 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 l "~y, o..,.. , i I _ ~ MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: June 6, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2010 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence June 1, 2008 and prior Correspondence/ June 1, 2008 and prior Chronological Files Councilmember Self-explanatory Council Requests Mayor Inquiries processed for Mayor June 1, 2008 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1, 2008 and prior Correspondence General Correspondence Self-explanatory June 1, 2008 and prior Staff Inquiries processed for Staff June 1, 2008 and prior Monthly Status City Manager Self-explanatory June 1.2008 Reports and prior Payroll Records Council/Staff Self-explanatory June 1, 2008 and prior June 1, 2008 Travel Folders Council/Staff Self-explanatory and prior APPR CONSENT: David N. Ream Da a oseph W. Fletcher Date City Manager City Attorney RECORDS DESTROYED: AUDITED BY: Volume Weight Mark Lawrence Date in Cubic Feet in Pounds Assistant to the City Manager 19C-3 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended ADEQUATE SITES PROGRAM REPORT ? As Amended ? Ordinance on 1S` Reading FOR 703 N. LACY ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the Adequate Sites Program Report for 703 N. Lacy Street. DISCUSSION California Government Code Section 65583 created the State's Adequate Sites Program (Program) which enables cities to meet a portion of their Regional Housing Needs Assessment (RHNA) obligation to produce affordable housing by means other than new construction. One of the approaches allowed by the Program is the acquisition and rehabilitation of existing multifamily projects when that activity results in the conversion of rental units from non-affordable to affordable, and when a number of other conditions are met. During the preparation of the City's recently approved 2006-2014 Housing Element, staff engaged in substantial discussions with the California Department of Housing and Community Development (HCD) regarding which of the City's multifamily acquisition and rehabilitation projects were eligible to receive credit. All but one were rejected by HCD because in its view the timing of the commitment of City funding made them ineligible. Only those activities that were listed as projects in the new Housing Element and that received City or Redevelopment Agency funding between July 2006 and August 2009 were considered eligible for the Program. The 26 unit multifamily project located at 703 N. Lacy Street met this and all other HCD requirements. A report on the project must be made to the legislative body and to HCD by July 1, 2010. The Adequate Sites Program Alternative Checklist (Exhibit 1) was created by HCD for the purpose of determining if activities such as the 703 N. Lacy project meet the requirements of the Program. The checklist indicates that the project qualifies because prior to acquisition, project rents were not affordable to low- or very low-income households. Following the acquisition, rents were made affordable by means of a recorded covenant that will be in place for 55 years. Additionally, all applicable relocation requirements were met; and once the rehabilitation is complete, all units will be decent, safe and sanitary. 19D-1 Adequate Sites Program Report for 703 N. Lacy June 7, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency Exhibit: 1. Adequate Sites Program Alternative Checklist 19D-2 4TATF OF CALIFORNIA BUCINESS,J PORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ~oOTSdOSreetOSuHou~sing Policy Development p ~'„n P. O. Box 952053 Sacramento, CA 94252-2053 ` (916)323-3177 FAX (916) 327-2643 Adequate Sites Program Alternative Checklist Government Code Section 65583.1(c) (Chapter 796, Statutes of 1998 [AB 438]) As provided for in Government Code Section 65583.1(c), local governments can rely on existing housing units to address up to 25 percent of their adequate sites requirement by counting existing units made available or preserved through the provision of "committed assistance" to low- and very low-income households at affordable housing costs or affordable rents. The following is a checklist intended to provide guidance in determining whether the provisions of Government Code Section 65583.1 (c) can be used to address the adequate sites program requirement. A "yes" answer to the questions below means the alternative site program option(s) may be applicable to your community. HE 703 N. Lac Page # 65583.1(c)(4) Is the local government providing, or will it provide "committed O X Yes assistance" within the first 2 years of the planning period? See the O No definition of "committed assistance" on a e 4. 65583.1(c)(1)(A) Has the local government identified the specific source of "committed O X Yes assistance" funds? O No Specify the amount and date when funds will be dedicated through a (legally enforceable agreement). $ 5,987,742 date: June 1, 2009 65583.1(c)(3) Has at least some portion of the regional share housing need for very O X Yes low-income (VL) or low-income (L) households been met in the current O No or previous planning period? Specify the number of affordable units permitted/constructed in the 103 previous period. Specify the number affordable units permitted/constructed in the current _192 period and document how affordability was established. Please see the attached, Res onse to 65583.1 c 3 65583.1(c)(1)(B) Indicate the total number of units to be assisted with committed 26 assistance funds and specify funding source. HOME, Tax Please see the attached, Response to 65583.1(c)(1)(B) Inc., Bonds 65583.1(c)(1)(B) Will the funds be sufficient to develop the identified units at affordable O X Yes costs or rents? O No 65583.1(c)(1)(C) Do the identified units meet the substantial rehabilitation, conversion, or O X Yes reservation re uirements as defined? Which o tion? Conversion O No Note: If you cannot answer "yes" to all of the general requirements questions listed above, your jurisdiction is not eligible to utilize the alternate adequate sites program rovisions set forth in Government Code Section 65583.1 c . 19D-3 EXHIBIT 1 Adequate Sites Program Alternative Checklist Page 2 HE Pa e # SUBSTANTIAL REHABILITATION 65583.1 c 2 A Include reference to specific program action in the housing element. Program NIA 65583.1(c)(2)(A) NIA Will the rehabilitation result in a net increase in the number of housing O Yes units available and affordable to very low- and lower-income O No households? # of VLI units If so, how many units? # of LI units _ 65583.1(c)(2)(A)(i) (I) NIA Are units at imminent risk of loss to affordable housing stock? O Yes O No 65583.1(c)(2)(A)(i) (II) N/A Is the local government providing relocation assistance consistent with D Yes Health and Safety Code Section 17975, including rent and moving O No expenses equivalent to four (4) months, to those occupants permanently or tem ora dis laced? 65583.1(c)(2)(A)(i) (III) NIA Will tenants will have the right to reoccupy units? O Yes O No 65583.1(c)(2)(A)(i) (IV) N/A Have the units been determined to be unfit for human habitation due the O Yes at least four (4) of the following violations? O No (a) Termination, extended interruption or serious defects of gas, water or electric utility systems provided such interruptions or termination is not caused by the tenant's failure to pay such gas, water or electric bills. (b) Serious defects or lack of adequate space and water heating. (c) Serious rodent, vermin or insect infestation. (d) Severe deterioration, rendering significant portions of the structure unsafe or unsanitary. (e) Inadequate numbers of garbage receptacles or service. (f) Unsanitary conditions affecting a significant portion of the structure as a result of faulty plumbing or sewage disposal. Ino erable hallwa li htin . 65583.1(c)(2)(A)(ii) N/A Will affordability and occupancy restrictions be maintained for at least O Yes 20 ears? O No 65583.1(c)(2)(A)(iii) Note: Prior to occupancy of the rehabilitated units, the local government must issue a certificate that finds the units comply with all local and State buildin and health and safet re uirements. CONVERSION OF MULTIFAMILY RENTAL UNITS OF 4 OR MORE FROM NON-AFFORDABLE TO AFFORDABLE 65583.1 c 2 B Include reference to specific program description in the housing element. Program 5-23 35 65583.1(c)(2)(B)(i) Will the acquired units be made affordable to low- or very low-income O X Yes households? O No 19D-4 Adequate Sites Program Alternative Checklist Page 3 HE Pa e # 65583.1(c)(2)(B)(ii) Were the units affordable to very low- or low-income households at the O Yes time the were identified for ac uisition? O X No 65583.1(c)(2)(B)(iii) If the acquisition results in the displacement of very low- or low-income O X Yes households, is the local government providing relocation assistance O No consistent with Health and Safety Code Section 17975, including rent and moving expenses equivalent to four (4) months, to those occupants ermanentl or tem ora dis laced? 65583.1(c)(2)(B)(iv) Will units be decent, safe, and sanitary upon occupancy? O X Yes D No 65583.1(c)(2)(B)(v) Will affordability and occupancy restrictions be maintained at least 55 ~ X Yes ears? O No PRESERVATION OF AFFORDABLE UNITS 65583.1 c 2 C Include reference to specific program action in housing element. Program N/A 65583.1(c)(2)(C)(i) NIA Will affordability and occupancy restrictions be maintained for at least O Yes 40 ears? O No 65583.1(c)(2)(C)(ii) N/A Are the units located within an "assisted housing development" as O Yes defined in Government Code Section 65863.10(a)(3)? See definition on O No a e 4. 65583.1(c)(2)(C)(iii) NIA Did the city/county, via the public hearing process, find that the units are O Yes eligible and are reasonably expected to convert to market rate during O No the next 5 years, due to termination of subsidies, prepayment, or ex iration of use? 65583.1(c)(2)(C)(iv) NSA Will units be decent, safe, and sanitary upon occupancy? O Yes ~ No 65583.1(c)(2)(C)(v) NIA Were the units affordable to very low- and low-income households at O Yes the time the units were identified for reservation? O No NOTE: • By no later than July 1St of the third year of the planning period, local governments must report on the status of its program implementation for substantial rehabilitation, conversion, and/or preservation (of affordability) as described above (Government Code 65583.1(c)(7)). • The report must specify and identify those units for which committed assistance has been provided or which have been made available to low- and very low-income households and document how each unit complies with the substantial rehabilitation, conversion, and/or preservation provisions. • If the local government has not entered into an enforceable agreement of committed assistance for all units specified in the identified program(s), by the July 1St due date, it must amend its element to identify additional appropriately zoned and suitable sites, sufficient to accommodate the number of units for which committed assistance was not provided. This follow-up action must be taken no later than July 1St of the fourth year of the planning period. 19D-5 Adequate Sites Program Alternative Checklist Page 4 • If a local government fails to amend its element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, the local government cannot use the alternate adequate sites program provisions of Government Code Section 65583.1(c)(1) in it next housing element update, beyond the number of units actually provided or preserved due to committed assistance. DEFINITIONS: Committed Assistance: When a local government has entered into a legally enforceable agreement during the first two years of the housing element planning period obligating funds for affordable units available for occupancy within two years of the agreement. Assisted Housing Development: A multifamily rental housing development that receives governmental assistance under any of the following programs: (A) New construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance, under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. Sec. 1437f). (B) The following federal programs: (i) The Below-Market-Interest-Rate Program under Section 221(d)(3) of the National Housing Act (12 U.S.C. Sec. 17151(d)(3) and (5)). (ii) Section 236 of the National Housing Act (12 U.S.C. Sec.1715z-1 (iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 1701 q). (C) Programs for rent supplement assistance under Section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. Sec. 1701s). (D) Programs under Sections 514, 515, 516, 533, and 538 of the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485). (E) Section 42 of the Internal Revenue Code. (F) Section 142(d) of the Internal Revenue Code (tax-exempt private activity mortgage revenue bonds). (G) Section 147 of the Internal Revenue Code (Section 501(c)(3) bonds). (H) Title I of the Housing and Community Development Act of 1974, as amended (Community Development Block Grant Program). (I) Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended (HOME Investment Partnership Program). (J) Titles IV and V of the McKinney-Vento Homeless Assistance Act of 1987, as amended, including the Department of Housing and Urban Development's Supportive Housing Program, Shelter Plus Care program, and surplus federal property disposition program. (K) Grants and loans made by the Department of Housing and Community Development, including the Rental Housing Construction Program, CHRP-R, and other rental housing finance programs. (L) Chapter 1138 of the Statutes of 1987. 19D-6 Adequate Sites Program Alternative Checklist Page 5 DEFINITIONS (continued): (M) The following assistance provided by counties or cities in exchange for restrictions on the maximum rents that may be charged for units within a multifamily rental housing development and on the maximum tenant income as a condition of eligibility for occupancy of the unit subject to the rent restriction, as reflected by a recorded agreement with a county or city: (i) Loans or grants provided using tax increment financing pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (ii) Local housing trust funds, as referred to in paragraph (3) of subdivision (a) of Section 50843 of the Health and Safety Code. (iii) The sale or lease of public property at or below market rates. (iv) The granting of density bonuses, or concessions or incentives, including fee waivers, parking variances, or amendments to general plans, zoning, or redevelopment project area plans, pursuant to Chapter 4.3 (commencing with Section 65915). Assistance pursuant to this subparagraph shall not include the use of tenant-based Housing Choice Vouchers (Section 8(0)) of the United States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o), excluding subparagraph (13) relating to project-based assistance). Restrictions shall not include any rent control or rent stabilization ordinance imposed by a county, city, or city and county. 19D-7 Response to Question 65583.1(c)(3) 1. Specify the number of affordable units permitted/constructed in the previous period. Previous Planning Period: 2000 - 2005 (Months not specified). Number of affordable units permitted/constructed during this time: 8 new construction units at various addresses. Built by Habitat for Humanity. 89 converted motel units (Santiago Villas). All units carry recorded affordability restrictions. 6 new construction units built by Mercy House Transitional Living Centers at 814-818 N. Garfield. 2. Specify the number of affordable units permitted/constructed in the current period and document how affordability was established. Number of affordable units permitted/constructed in the current period: Three new construction units were built by Orange County Community n w construction units were built b RSI Housing Corporation. Two e y Development LLC. In both cases, affordability was established by the terms of the DDA and by 45 year covenants to be recorded at the time the finished properties are sold. The City recently issued a conditional use permit to convert a motel, California Palms, to a transient/residential hotel offering 189 affordable units. Affordability was established by reviewing the rents to be offered and making certain assumptions about likely household sizes. See page 3-3 of the Draft Housing Element. 19D-8 Response to Question 65583.1(c)(1)(B) 1. Indicate the total number of units to be assisted with committed assistance funds. 26 Very Low Income Units. 2. Specify the funding source. HOME Investment Partnership Act Funds (51,330,643), Redevelopment Agency Tax Increment Setaside Funds (51,556,217), Tax Exempt Mortgage Revenue Bonds (S3,100,882). 19D-9 I 19D-10 REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended CONTRACT AWARD FOR CISCO ? As Amended ? Ordinance on 1St Reading MAINT, EQUIPMENT $ LICENSING ? ordinance on 2"d Reading (SPEC. NO. 10-020 & 10-021) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ I, FILE N U M B E R CITY MANAGER RECOMMENDED ACTION 1. Award a contract to Intelli-Fax Inc for the purchase of Cisco SMARTNet maintenance in an amount not exceed $26,000. 2. Award a contract to EnPointe Technologies for the purchase of a core router, switching equipment and edge routers in an amount not to exceed $183,000. DISCUSSION The City computing environment (i.e. technology hardware, software and services) are critically dependant on the underlying network infrastructure. This complex set of connections ties technology devices, application systems and services together. The City's network serves the business operations of all Agencies and Departments providing connectivity between every City operating location. It also connects the City to the outside computerized world. Several key components of the City network are in need of replacement. Highest priority for replacement is the core router servicing the Police Department. This piece of network gear performs as a switching computer used on the main connection links (the backbone) of the Police Department's portion of the City network. This switching computer is very powerful, as it is specialized to transfer huge data volumes over the information highway. The present Police Department's core router handles an average data throughput of 685 GB per day and supports over 40 servers which host all critical Police functions including Computer Aided Dispatch and Jail Management. Over 700 networked devices are interconnected through the core router. The current core router is over seven years old and well past it end-of-life and manufacturer's support period. A replacement core router with increased capacity and reliability to meet the current and future needs of the Police Department is needed. 22A-1 Contract Award for Cisco Maint, Equipment & Licensing June 7, 2010 Page 2 The second highest network replacement priority is for edge routers. These are specialized devices that route data packets between one or more local area networks (LANs) and the wide area networks. The City computer network is composed of over 40 LANs. Nine of the City's 40 edge routers are over seven years old. Like the core routers, the edge routers are past their end- of-life and manufacturer's support period. Replacement routers with enhanced capabilities and reliability to meet the current and future needs of the City's network are needed. The edge routers to be replaced support the Santa Ana Senior Center, the EI Salvador Center, the Santa Anita Center, the Salgado Center, the Memorial Center, the Jerome Center, the PAAL Center, Newhope Library-Public Access, wireless data network edge routers for both Fire and Police Computer-Aided Dispatch. These projects will resolve equipment end-of-life obsolescence and/or requirements for new/enhanced network capacity or capability. The notice inviting bids for Cisco SMARTNet maintenance was advertised May 3, 2010 and the notice inviting bids for Cisco equipment, support & licensing was advertised on May 4, 2010. A summary of the bid invitations and bids received are as follows: 12 Invitations For Bid were emailed for each 6 Bids received for each Bids were received and opened May 12, 2010 for Cisco SMARTNet Maintenance. Bids were received and opened May 13, 2010 for the Cisco equipment, support and licensing. The bids received from Intelli-Flex Inc. and EnPointe respectively are responsive to the specifications and meet the City's requirements. FISCAL IMPACT Funds are available for these purchases in the Technology Plan Miscellaneous Citywide Projects account (no. 10910146-66400, 62300 and 63001). Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Exhibit 1 Contract award for Cisco Smartnet Maintenance (10-020) EXHIBIT 2 Contract award for Cisco Equipment, Support and Licensing (10-021) 22A-2 Contract Award for Cisco Maint, Equipment & Licensing June 7, 2010 Page 3 ABSTRACT OF BIDS CONTRACT AWARD FOR CISCO SMARTNET MAINTENANCE (10-020) Vendor Intelli-Flex Inc En Pointe Technologies Location Cypress, CA Gardena, CA Total $25,686.06 $27,835.66 Vendor Continuant Emgence Technologies Location Fife, WA San Diego, CA Total $31,546.20 $32,045.00 Vendor Vox Network Business Services Solutions Solutions Location San Francisco, CA San Diego, CA Total $32,297.30 $34,619.36 Vendor lSC, Inc. Shoreline Networks Location Casper, WY Dana Point, CA Total $31,921.75 $33,035.00 Exhibit 1 22A-3 Contract Award for Cisco Maint, Equipment & Licensing June 7, 2010 Page 4 ABSTRACT OF BIDS CONTRACT AWARD FOR CISCO EQUIPMENT, SUPPORT & LICENSING (10-021) Vendor EnPoint Technologies Business Services Solutions Location Gardena, CA San Diego, CA Total $182,573.69 $188,022.17 Vendor Digital Intelligence GovConnection Inc. Systems Corp Location Chantilly, VA Merrimack, NH Total $183,300.81 $183,445.52 Vendor Vox Network Solutions Location San Francisco, CA Total $189,550.78 Exhibit 2 22A-4 REQUEST FOR COUNCIL ACTION ~~~~`~J.'. CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended CONTRACT AWARD FOR LADDER ? As Amended ? Ordinance on 152 Reading IMPROVEMENTS AT MAXINE PUMP ? Ordinance on 2"d Reading STATION (SPEC. NO. 10-012) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to R.B. Welding, Inc. for ladder improvements at the Maxine Pump Station for an amount not to exceed $53,000. DISCUSSION The Maxine Pump Station pumps sewage water from the City's collection system to the Orange County Sanitation District trunk sewer. The station's dry well has an access ladder that is not in compliance with the current Cal OSHA regulation. The notice inviting bids was advertised on March 30, 2010, and bids were solicited. A summary of the bid invitations and bids received is as follows: 19 Invitations For Bid mailed 4 Invitations For Bid mailed to Santa Ana vendors 2 Bids received Bids were solicited and opened on April 21, 2010, and evaluated. The bid received from R.B. Welding, Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated installation issues, an additional ten percent contingency has been included in the award amount. The lowest bid submitted for $49,000 is below the Engineer's estimate of $60,000. 22B-1 Contract Award for Ladder Improvements June 7, 2010 Page two FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply account (no. 06017640-62300). APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez I Francisco Gutierrez Executive Dire or Executive Director Public Works Agency Finance & Management Services Agency KM 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR LADDER IMPROVEMENTS (10-012) VENDOR R.B. Welding, Inc. Pacific Welding Company, Inc. LOCATION Gardena Orange Labor $ 20,005.00 19,346.37 Materials $ 19,600.00 19,977.90 Sales tax on Material @ $8.75% $ 1,715.00 1,748.06 Traffic Control and Confined Space Entry $ 7,680.00 10,763.30 TOTAL COST $ 49,000.00 51,835.63 10% Contingency $ 4,900.00 5,200.00 GRANT TOTAL $ 54,000.00 57,000.00 ROUNDED OFF AWARD TO: R.B. Welding, Inc. $54,000 Exhibit 1 22B-3 22B-4 REQUEST FOR ® i COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended CONTRACT RENEWAL FOR ON-CALL ? As Amended ? Ordinance on 1St Reading SANITARY SEWER LINING SERVICES ? ordinance on 2"° Reading (SPEC. N0.09-010) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO /~(J~_._- FILE NUMBER ? CITY MANAGER RECOMMENDED ACTION Renew the contract with RePipe-California, Inc. for on-call sanitary sewer lining services for aone- year period in an amount not to exceed $500,000. DISCUSSION The Public Works Agency's Water Resources Division maintains a sanitary sewer system consisting of approximately 390 miles of pipelines and 8,500 manholes. Since 2003 the City has been conducting ongoing closed-circuit digital video assessments of the City sewer system. Of the data collected, approximately 22 miles of sanitary sewer main have been assessed as suitable for rehabilitation. These locations have been identified as non-capacity issues, but have structural defects such as holes, cracks and root intrusions making them suitable for pipe relining repair. The Capital Improvement Program pipe liners are the most efficient and cost effective (trenchless) method available for the repair of sewer pipes. On April 6, 2009, the City Council awarded a contract to RePipe-California, Inc., for cone-year period, with provisions for three one-year renewals. RePipe-California, Inc. 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 Water Production & Quality Improvements account (no. 05617640-66220 activity 106602). ~ APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ _ Q ~r 1 ~ /n ~ v Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency km ZZC~~ 22C-2 REQUEST FOR COUNCIL ACTION ~J CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED AGREEMENT FOR COMPREHENSIVE ? As Recommended PHYSICAL EVALUATIONS HEALTH ? As Amended SCREENING AND VACCINATIONS ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY ANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached first amendment, to the agreement with Tustin-Irvine Medical Group, subject to non-substantive changes approved by the City Manager and City Attorney, in an amount not to exceed $70,000. DISCUSSION The City requires annual comprehensive physical evaluations for the Fire Department's sworn personnel. The program provides one-on-one feedback, including recommended programs for physical improvements, methods to assist in the early detection and treatment of illnesses or injuries and to assist in minimizing time lost from them. In FY 2009/10 City Council approved an agreement with the Tustin-Irvine Medical Group to provide these evaluations. In addition, the Personnel Services Agency uses Tustin-Irvine Medical Group to evaluate and treat employees who may be exposed to communicable diseases. Also included in this agreement are annual flu vaccinations for City employees. FISCAL IMPACT Funds are budgeted in the fiscal year 2010-11 Fire Department, Fire Suppression, Contractual Services-Professional account (acct. unit 0111533062300, $55,000) and the Personnel Services, Risk Management, Contracted Vendor Personnel Services (acct. unit 0820905462302, $10,000); and Employee Group Benefits, Benefit Payments Wellness account (acct. unit 0810905364092, $5,000). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin ~ Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency ..~t.).A a 1____-. Kathie Gonzalez Executive Director Personnel Services Agency 25A-1 FIRS7' AVIEND11t:NT TO AGREEVIFNT THIS FIRS'1 AME;NU!~t1:N"I 7"C) AGRE-:}h~1F:NT is entered into on 1'' day ofJuly. 2010. by and between "I ustin Irvine Medical Group. a professional corporation t"C'onsultant"} and the Cit. i~f Santa .Ana, a charter cit) and municipal corporation organised and existing under the Constitution and laws of the State o1~California ("City"}. Rl(.l l"AL.S: Che panics entered into that certain ;lgrecment. dated .August 3. 2009.(A-2009-1 10}. (hereinafter "said Agreement") b~ ~~hich Consultant has provided physical examination and treatment sen ices to all sworn Fire personnel and select Police personnel . 13. In accordance with tha term; and conditions of said Agreement. the panics wish to extend the term of"the Agreement 1~or an additional one-year period. 1V! ll~:R}.FOR1:. in consideration of the covenants contained in said Agreement. and subject to all the teens and conditions of ;aid :~greernent. except those amended in this f=irst Amendment to Agreement. the panics agree as f«Ilo~~ s: 1. Section 3. ~h1:R;4~1. shall be amended to state as tollo~~~s: I his amended A~~reement shall commence on Jule }.2010 and terminate on June 30. 201 1. unless terntinated earlier in accordance with Section 12. below. Should the maximum aerced upon compensation as set fonh in Section 2. COMPENSATION. not be exhausted during this additional term this amended Agreement rna~ be extended upon a writing executed b) the Dire Chief and the Cite :Attorney. E~:xcept as hereinabove amended. all terms and conditions of said Agreement ;hall remain in tlrll Ii~rce and eftect. IN ~lI~I~NE~SS V4~FIEREOI~. the parties hereto have executed this First Amendment to Agreement vn the date and year tirst ~~ritten above. A I CLS } : LI'CY OF SANTA ANA _ \.1r~R1A ll. 1I1. IL:1R DAVID REA11 Clerk of the Council Ciri ~lanat;cr APPROVED AS TO FORti9: I'USTIN IR~'I\F,'t1F.DlG1i. GROI:P JOS1:Pl ! . FLE I"CHER C'it~ Atti>rney - E3y: - _ Juseph Straka NAME: As;istanr Cit) ~attorne}~ 1"itlc:l~~aE~r.~, s_~ t_ ~ t-:. fax lD», ~ _ - ~ _ 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE APPROVED ? As Recommended SECOND AMENDMENT TO ? As Amended ? Ordinance on 1 S' Reading AGREEMENT WITH NEC UNIFIED ? Ordinance on 2"d Reading SOLUTIONS FOR TELEPHONE ? Implementing Resolution SYSTEM MAINTENANCE ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with NEC Unified Solutions, Inc. to exercise an option for the second one-year extension to the existing agreement for an amount not to exceed $220,000 per year for telephone maintenance and related equipment subject to non-substantive changes made by the City Manager and City Attorney. DISCUSSION The City's voice communications network consists of 29 telecommunications systems that support every Agency and Department in the City. These systems are located at City Hall, Police Department headquarters, Police sub-stations and Jail, Fire Department headquarters and Fire stations, City Yard, Work Center, Parks and Recreation headquarters and centers, and the Santa Ana Zoo. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,220 voice, fax and modem extensions. In order to ensure the proper functioning of this extensive system, the City contracts for maintenance services. Some of these services include: 1) providing an on-site dedicated service technician to perform repairs, moves, additions and changes; 2) 24-hour system monitoring and service response; 3) replacement of any and all defective telephone system equipment; 4) providing engineering support; and 5) providing new telephone equipment. In July of 2007, the City Council approved atwo-year agreement with NEC Unified Solutions, Inc. with provisions for two, one-year renewals, to provide telephone maintenance, repairs, and installation of replacement systems and services for City Hall and all off-site locations. The term of 25B-1 Amendment To Agreement with NEC UNIFIED SOLUTIONS, INC. June 07, 2010 ' Page 2 this agreement commenced on July 1, 2007 and expired on June 30, 2009. In June of 2009 the City Council approved the first one-year extension to the agreement. This one-year extension will expire on June 30, 2010. NEC Unified Solutions, Inc. has provided excellent maintenance and service during its Agreement with the City. The City Telecommunications Services staff recommends extending the current agreement for aone-year period. This will be the second amendment to the agreement. FISCAL IMPACT Funds are budgeted and are available in the FY10-11 Communication Services account for contractual services (account no. 10210140-62300). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ Francisco Gutierrez Executive Director Finance & Management Services Agency 25B-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT, is made and entered into this 7~' day of June 2010, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and NEC Unified Solutions, Inc., a Nevada corporation ("Vendor"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into Agreement A-2007-176 dated July 16, 2007, hereinafter referred to as "said Agreement", for providing telephone system maintenance and products. B. Said Agreement was amended June 1, 2009, to extend the term and provide that City may elect to change the number days per week for which Vendor will provide service. C. The Parties hereto now desire to again extend the Term and amend the Scope of Service and Compensation of said Agreement in order to provide continuous uninterrupted service under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The City hereby exercises the option set forth in Section 2, "Term", to extend the term for an additional one year period, from July 1, 2010 through June 30, 2011. 2. Section I of said Agreement, SCOPE OF SERVICES, shall be amended by amending Exhibit A, Section 5.2 - "On-Site Service Technician" (page 12 of 43), to read, in full, as follows: "5.2 On-Site Service Technician The Vendor will provide an NEC and CENTIGRAM certified Service Technician dedicated solely to the City of Santa Ana. This dedicated technician will: • Work on-site at the City of Santa Ana for eight (8) hours per day and forty (40) hours per week. However, City may, with fifteen (15) day prior written notice, change the number of days per week of on-site dedicated technician support, with a corresponding increase/reduction in the System Maintenance Related Charges, as set forth in Attachment A hereto. The City shall retain the right to specify the weekly business days on which the technician will be on-site. Further the City may with ten (10) day_prior email notification to NEC Area Services Mana eg r designate one or more days within a given work week for which on-site technician support will not be provided For each daX that on-site support is cancelled a credit will be issued to the System Maintenance Related Charges, as set forth in Attachment A. • Be on-call on a twenty-four (24) hour, seven (7) day-a-week, as-needed basis. • Perform repair services on any and all voice communications equipment as directed by the City Telecommunications Coordinator (CTC). • Be available, when not responding to particular requests for repair services, to provide as-needed MAC services as directed by the CTC. 25B-3 - Repair and MAC priorities will be determined by the CTC. - Performance of MAC work during normal assigned hours will not incur any additional charges to the City. • Have a working knowledge of, skills in, and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) standard practices. In addition: • Should the assigned technician be absent or unavailable, the Vendor will provide an equally qualified and certified replacement technician • The City reserves the right to review and approve the assignment of the dedicated technician if replacement (either temporary or permanent) of existing technician is required. • The assigned technician's work hours may be adjusted by the CTC from 8-5 on an as- needed basis with prior notice to the Vendor to allow necessary work to be done during a period with less impact on the City's business operations • If the Vendor elects to use more than one service technician to perform a task, City will incur no additional cost • Work outside the scope of work of this Proposal will be billed at agreed-upon service rates and only when authorized in advance by the CTC or his/her designee." 3. Section 3 of said Agreement, COMPENSATION, shall be amended to provide total compensation in an amount not to exceed $220,000 for services during the 2010-2011 fiscal year. Said services shall be provided at the Year Four rates set forth in Attachment A, attached hereto and incorporated by this reference. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney NEC UNIFIED SOLUTIONS, INC. 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EA ~ EA EA ~ ~ ~ w Oa a a~i O N N ~ O r O ~ ,C ~ ti O V C ~ c0 O R ~ ~ ~ ~ EA ~ V ~ ~ ~ a d v v C M ~ N 'C D t 0 N ~ w G~1 ~ ~ y ~ m ~ ~ ~ ~ v ~t O t ~c m ,Y ,c 3 co O N ~ 3 ~ ~ ~ u w ma~~ ~ 4,°'c3.~ O. 4 H O ~ O N Ual df m R w C G ~ N O Q O~ O O ~ U U ~ ' ~0 ~ rn ~ ~ ~ ~ ~ ~ v = m c c 'C r o _ ~ ~o~ ~ ~~oc a ors o = = °o~:e,~ o N G1 ~ U ~ ~ AFL-F3O'~ rn N c ~ O O~ N ~ ~ ~ , N ~ ~ o~, w a~ ~ o O d ~ N ~ ° ~ v ° coo m m coo ` ~ ~ a~i ~ ~ m ~ ~ N a C U rn m F- ~ o ~ V O ooV~c ~ o _~rr V U ~ ~ w ~o ~~V .v 'i ~ O 'a Y o° ° a a`~i ~ m ~ ~ ~ ~ a' rn c`°a a t x ~ x ~ `o c ~ ~ d a v d C a O o a~i ~ m ~o m m L Q. F- c...v c a w qfl C a~ v v ~ p c c c c ~ (n "a Cp rn~ rn 0 N 3 H ~ N C o g ° a s o 0 o g U a? ~ c~ c~ i0 3~~ Q ao as ~ ~~.o~.o~ ~ o000 _y~ ~ o c ovmzzoa~ ~ V W Q cn m> ca > O O w I- F. r a N 25B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended DOWNTOWN OFFICE LEASE ? As Amended ? Ordinance on 15f Reading EXTENSION ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached first amendment to the lease agreement with Fiesta Marketplace Partners #1, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Downtown office has been located at 305 East Fourth Street since February 2001. The current lease agreement covers 3,910 square feet, which is occupied by Downtown Police staff and parking meter operations, and expires on July 31, 2010. With the initiation of the Downtown Community Management District, the new management corporation, Downtown Inc. occupies separate office space from City staff. The current lease also includes two one-year renewal options which may be exercised at the option of the City. A two percent annual increase will be added to the rent upon exercising this one-year lease option. The new rent is $5,982 monthly, or $1.53 per square foot, and is afull-service gross lease with a stipulation that the City pay a portion of the utilities that exceed the base year figure established during the first year of the lease. According to the 2010 office market report for Orange County by Voit Commercial, this lease rate falls within the average lease rate for similar buildings. 25C-1 Downtown Office Lease Extension June 7, 2010 Page 2 FISCAL IMPACT Funds are available in the Parking Meter Fund Rent account (no. 02718860-62500) and the Merged Economic Development Fund Building Rental account (no. 57018841-62500). APPROVED AS TO FUNDS AND ACCOUNTS: Cynt is J. Nels Francisco Gutierrez Deputy City Manager for Development Executive Director Services Finance & Management Services Agency Community Development Agency CJN/NTE/kg Exhibit 1. Amendment 25C-2 EXERCISE OF FIRST OPTION OF LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FIESTA MARKETPLACE PARTNERS #1 This Exercise of First Option is made and entered by and between Fiesta Marketplace Partners #1 ("Landlord") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California ("Tenant") this day of July, 2010. RECITALS: A. The parties entered into the Lease Agreement for the rental of space within that certain building known as 305 E. Fourth Street, Second Floor, in the City of Santa Ana 92701 ("Property") commencing on August 1, 2009. Said Agreement had aone-year term with two (2) one-year options, exercisable at the sole option of the Tenant. B. The parties hereto desire to exercise the first one-year option and increase the rent as set forth in said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement, the parties hereto do hereby agree as follows: 1. The "Term of Lease" section of said Agreement is hereby modified by exercising the first one-year option to extend the Agreement, effective on August 1, 2010 through July 31, 2011. 2. The "Compensation" section of said Agreement is currently $5,865.00 and shall be adjusted in accordance with the Annual Adjustment term of said Agreement, with a 2% rental increase, so that the monthly rental payments shall be $5,982.00, during the term of the first option. 3. In accordance with section 4 (c), Landlord shall provide the modifications (set forth in detail in said Agreement) to the Property at no cost to the Tenant so long as Tenant exercises at least one 1-year option. Landlord shall provide Tenant with documentation pertaining to the cost of the Improvements prior to the time of execution of this Exercise of Option. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. Exhibit 1 25C-3 IN WITNESS WHEREOF, the parties hereto have executed this Exercise of First One-Year Option the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: "LANDLORD" Joseph W. Fletcher, City Attorney Lisa Storck Fiesta Marketplace Partners #1 Assistant City Attorney Irving M. Chase Title/Tax ID: Exhibit 1 25C-4 REQUEST FOR . COUNCIL ACTION ..u CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED FUNDING ALLOCATIONS FOR THE U. S. ? As Recommended DEPARTMENT OF HOUSING AND URBAN ? As Amended ? Ordinance on 1ST Reading DEVELOPMENT HOUSING OPPORTUNITIES ? Ordinance on 2"d Reading FOR PERSONS WITH AIDS PROGRAM FISCAL ? Implementing Resolution ? Set Public Hearing For YEAR 2010-2011 CONTINUED TO r i~ ~j~'`"~"`~ ~ F I LE N U M B ER CITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $600,000 for aone-year term for the ongoing administration of the Tenant- Based Rental Assistance Program, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement with the County of Orange Health Care Agency in the amount of $821,133 for a one-year term to provide supportive housing services to HIV/AIDS individuals in the County of Orange, subject to non-substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on May 18, 2010, by a vote of 5:0, the Community Redevelopment and Housing Commission recommended that the City Council authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with the County of Orange Health Care Agency in the amount of $821,133 for aone-year term to provide supportive housing services to HIV/AIDS individuals in the County of Orange, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 1993, the City of Santa Ana has received federal funds through the U. S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS (HOPWA) Program to be used countywide. The HOPWA Program is designed to provide resources and incentives for long-term comprehensive strategies to meet the housing needs of 25D-1 Funding Allocations for HOPWA Program FY 2010 - 2011 June 7, 2010 Page 2 persons with Acquired Immune Deficiency Syndrome (AIDS). HUD has allocated $1,568,178 to the City of Santa Ana for the fiscal year 2010-2011. Eligible activities for the HOPWA Program include: 1) new construction, acquisition and rehabilitation of affordable housing; 2) provision of tenant-based rental assistance; 3) short-term rental and mortgage payment assistance to prevent homelessness; 4) supportive social services and housing information services; 5) technical assistance; and 6) administrative expenses incurred by jurisdictions coordinating local programs. In allocating grant funds for eligible activities, the City of Santa Ana is required to consider the service needs of eligible persons who reside throughout Orange County and approve funding for projects which may be located anywhere within the County. In order to ensure that the limited funds are prioritized, City staff has worked closely with the Housing Committee of the Orange County HIV Planning Council, the HIV Planning Council, and agencies throughout the County of Orange providing services to the HIV/AIDS community. On h Id to determine riorities for the fiscal ear rate is tannin meetin was e December 8, 2009, a st g p g g p Y 2010-2011 funds. Representatives from the Orange County Health Care Agency, service providers from throughout the county, HIV/AIDS infected and affected individuals and City staff participated in the meeting. Based on the strategic planning meeting, the 2010-2011 fiscal year funding recommendations were established. The recommended funding levels are: 1) $600,000 to continue the Tenant- Based Rental Assistance Program with the Housing Authority of the City of Santa who will subcontract with AIDS Services Foundation Orange County to administer the wait list (Exhibit 1); 2) $821,133 to the Orange County Health Care Agency for supportive housing services to individuals throughout Orange County (Exhibit 2). FISCAL IMPACT Funds will be available in the HOPWA Program accounts (nos. 40518760-69158, 40518760- 69136, and 40518761-69135) upon adoption of the FY 2010-11 budget. APPROVED AS TO FUNDS AND ACCOUNTS: a Cynthia J. Nelson Francisco Gutierrez Deputy City Manager for Development Executive Director ~ ~l Services Finance & Management Services Agency Community Development Agency CJN/SLB/LF/kg 25D-2 Funding Allocations for HOPWA Program FY 2010 - 2011 June 7, 2010 Page 3 Exhibits: 1. Agreement between the City of Santa Ana and the Santa Ana Housing Authority 2. Agreement between County of Orange and City of Santa Ana 25D-3 25D-4 j J COOPERATIVE AGREEMENT BETWEEN ~ CITY OF SANTA ANA AND THE SANTA ANA HOUSINGr AUTHORITY i This Cooperative Agreement entered into this lst day of July, 2010, which date is enumerated for purpose of zeferez<ce only, is by and between the City of Santa Ana ("City"} and the Santa Ana Housing Authority {"Project Sponsor"}. This Agreement • shall be administered by the City of Santa Ana. • RECITALS: f A. City on behalf of all jurisdictions in Oxange County, bas been designated to i receive grant funding provided by the U.S. Depaztment of Housing and Urban ~ Developmextt {"HUD"} ptusuant to the Housing Opportunities for Persons With AIDS ("HOPWA") Program; and B. City has entered into a HOPWA gxant agreement with HUD; and C. Project Sponsor has provided leadership and is xespo~nsible for plannuig and providing comprehensive HIV services for clients throughout Orange County and will maintain the wait list for the program; and ! t t D. Project Sponsor will provide services to support the Tenant-Based Rental _ Assistance Program which consists of financial eligibility of tenants, HQ5 inspections, and financial responsibility for housing assistance payments to landlords; and E. The parties have cooperatively written and agree to an Administrative Plan which identifies guidelines for the opcxation of the HOPWA Tenant-Based Rental € Assistance Program. E NOW, Ti~REFORE, the parties mutually agree as follows: j I t i I. ALTERATION OF TBRMS I A. The parties anticipate that this Agreement may be amended, or followed by additional agreements, to implement additional services and funding ofthe type covered by this Agreement. B. This Agreement fally expzesses ail understanding of City and l'xoject Sponsor with respectto the subject matter of this Agreement, and shall constitu#e the total Agreement between the parties foz these purposes. No addztion to, or ~ alteration of, the terms of this Agreement, whether written ox verbal, shall be valid unless made in writing and formally approved and executed by each party. i i i i i 1 Exhibit 1 25D-5 I • ~ s II. SERVICES A. City shall serve as "HOPVU•A Grantee" for the purpose of contracting with organizations to provide Tenant-Based Rental Assistance to persons disabled due to HN/AIDS zesiding in Orange Cotmty. I . B. i~Tothing in this Agreement shall prevent City from entering into one or more • agreements with the oilier agencies or contractors within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in wt7ting by City~and Project Sponsor. • C. City shall conduct an ongoing assessment of the Tenant-Based Rental Assistance Program. - b. Project Sponsor shall assure the adequate provision of supportive services to applicants/participants to ensure program success. E. Project Sponsor shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Annual progress reports will be prepared by Project Sponsor in a form consistent with HU73 publications HUl?-401 l0-C (8/94). In addition, Project Sponsor shall forward quarterly narrative reports to City identifying accomplishments as HOPVIA Project Sponsor for Tenant-Based Rental Assistance for persons with HIV disease. These reports ate to be submitted in ~ ~ conjunction with payment/eost reports identified in Section I'V of this Agreement ~ along with a summary of program budgets and financial disbursements made under the terms of this Agreement. F. "Contract Officers" means the City's Housing Manager or designee and Project Sponsor's designee. • G. See Attachment I for detailed.services and related cost breakdown. IlI. BUDGET j The following budget is an estimate only of the cost of providmg the services hereunder ~ for the term July 1, 2410 through June 30, 20I I. This budget may be modified by mutual wtYtten agreement of the Contract Officers. Administration $ 42,000.00 Housing Assistance Payments/Prograrn Expense $558,000,00 TOTAL (Maximum Obligation) $b00,000.00 2 i 25D-6 • i 1V. PAY1yiENTS/COST REPORT ~ ~I k A. 1) City shall pay Project Sponsor for the actual costs of providing the ~ ' administration of services hereunder, whether provided duectly by • Project Sponsor, provided, however, the total of ail payments to Project Sponsor shall not exceed the 1Vlaxinaum Obligation as specified in Section III of the Agreement. 2) City shall draw down HOPWA funds designated for rental subsidy payments on a monthly basis after receipt of certification of individual of individual tenant subsidy amounts. After final approval by City, funds will be disbursed to landlords. B. Project Sponsor shall invoice City monthly exclusive of rental subsidy payments, in arrears, based on the actual cost of providing and contracting for ~ the services hereunder. City shall pay Project Sponsor na later than thirty (30) days following receipt of such invoice. Monthly payments are interim payments only, and are subject to final settlement and reconciliation to the ' final Cost Report submitted by Project Sponsor. C. All billings by Project Sponsor shall be accompanied by copies of source documentation including, but not limited to, journals, time sheets, canceled checks, and records of cost incurred by Project Sponsor in the performance of _ this Agreement. D. At such times and in such a format as the Contract Officers mutually agree in # writing, Project Sponsor shall prepare and submit to City reports of cost incurred by Project Sponsor in the performance of this Agreement. E. The Cast Report(s) shall be imancial and statistical reports(s) submitted by Project Sponsor to City, and shall serve as the basis for final Settlement of this Agxeenaent. The Cost Reports(s) shall detail alI costs incurred by Project Sponsor to pravide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by Project . Sponsor to provide services hereunder. Ifthe Cost Report(s) indicates the total . ~ of City's payments to Project Sponsor are less than Proj ect Sponsor's cost to f provide the services hereunder, City shall pay Project Sponsor the difference; s provided, however, the total payment shall not exceed the Maximum Obligation. Tf the Cost Report(s) indicates the total of City's paymen#s to Project Sponsor are higher than Project Sponsor's cost of providing the services hereunder, Pxojecf Sponsor shah pay City the difference. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination.. - 3 25D-7 S i • 5 f G. Any funds not expended by fiscal year end, June 30, 2011 shall be returned to City. Said unexpended funds shall be reallocated by City thzough the f HOPWA Program. V. DISP E RP,SOLUTION ~i A. Any party may give written notice to the other setting forth in specific terns the 1 existence ar~d nature of any unresolved matter or concexn related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall knave fifteen (15} working days following such notice to obtain resolution of any issues(sj identified in this manner; provided, however, by mutual consent this period of time maybe extended to thirty (30) daps. ~ B. If the Officers are unable to obtain resolution of the issues}, they shall submit a joint written Statement describing the facts of the issue, vuithin thirty (30) days after the written notice described above to the Deputy City Manager for Development Services ~ and to City's Housing Manager far resolution. if the Officers are unable to prepare a ~ • joint statement, each shall submit separate statements to the previously listed within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the Deputy City Manager for Development Services and the Santa Ana City Manager shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. VI. INDEMNIFICATION Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemxiifying party, its off cers, agents or employees or the condition of property used in the performance of this Agreement. k I. I VII. • INSURANCE ~ With respect to pei~ormance of work under this Agreement, Project Sponsor shall maintain and shall require its subcontractors, if any, to maintain insurance as described ` below: ~ 1. Worker's compensation insurance within statutory legal limits, and [ 2. Commexcial General Liability insurance with limits of not less than f $1,fl00,000 per accidentlincident. _ Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insiuance and additional insured endorsement to the City i d _ • - ! 25D-8 l - ~ ' ! which shall clearly evidence all coverages required above; (b) provide that such insurance ~ shall not be materially changed or terminated except on 30 days prior written notice to i the City; (c) maintain such insurance for- the period covexed by this Agceerxient; anal (d} ~ replace such certificates for policies expiring prior to the expiration of this Agreement. VIII. INSPECTIONS AND AUAITS } A. Any authorized representative of City, the Comptroller General of the United States, the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to City books, documents, records, which such persons deem pertinent to this Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records/Confidentiality paragraph of this Agreement and the - remises in which the are rovided. + p Y p B. City shall actively participate and eoopei~ate with any persons specified in subparagraph A above in any evaluation or monitoring of the services provided pursuant to the Agreement, and shall provide the above mentioned persons adequate ' office space to conduct such evaluation or monitoring. - - 1X. LICENSES AND I.A'9V- A. Project Sponsor, its officers, agents, employees, and subcontractors shah, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, State of California, City, and any other applicable governmental agencies. B. Project Sponsor shall comply with all laws, rules, or regulations applicable to the - services provided hereunder, as any may now exist ox be hereafter changed, These laws, rules, and regulations shall include, but not limited to the follo-~ving: 1. United States Code (U.S.C.}, title 42, Section 12901-12912, AIDS Housing Opportunity Act. - 2. Code of Federal Regulations (Ck'R}, Title 24,1'art 574, Housing Opportunities for Persons with AIDS. 3. Office oflVlanagement and Budget (OMB} Circular No. A-122, Cost - Principles for nonprofit organizations. 4. OMB Circular No. A-133, Audits of Institutions of Higher Education and Other Nonprofit Institutions. , E i - i. - E - I i 5 25D-9 t 1 IX. NONDISCItxMINATION A. Employment --Project Sponsor warrants that it has developed and does maintain as Affirmative Aetian program for employment which includes goals and timetables fox employment of women and minorities, which program meets the Affirmative Action ~ Guidelines of the Federal Equal Opportunity Commission and all appxopriate state laws and regulations. B. Services, Benefits, and Facilities -Project Sponsor and its contractors, shall not discrimina#e in the pxovision of services, the allocation of benefits, or in the ~ _ accomziaodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age, sexual preference, medical conditian, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 19b4, 42 U.S.C. §2000d and all other pertinent Hiles and I regulations promulgated pursuant thereto, and as otherwise provided by state law and - ~ regulations, as all may now exist or be hereafter amended or changed. ~ C, DisabledIndividuals --Project Sponsor and its contractors agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 {20 U.S.C. 794 et seq., as implemented in 45 CFR $4.1 et seq.}, pertaining to the pxohibition of discrimination against qualified handicapped persons in all programs or activities, as they exist now or may be hexea$er amended together with succeeding legislation. D. Retaliation Project Sponsor and its employees, agents, or contractors shall not _ intimidate, coerce or take adverse action against any person for the purpose of ixi#erfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, ~ proceeding, hearing or any other activity undertaken to enforce rights secured by federal or state law. ~ X. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, xeports andlor statements authorized or required by this Agreement shall be effective when f written and deposited in the United States mail, first class postage prepaid and addressed as specified in this Agreement. ik B. Termination Notices shall be effective when written and deposited in the United i States mail, certified, return receipt requested, and addressed as specified below. C. Far purposes of this Agreement, any notice to be provided by City may be given by Contract Officers. ~ I Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by ~ U.S. Mail, postage prepaid, and addressed as follows: ~ _ ~ l 6 I 25D-10 i t C_~' Cityof Santa Ana Attn: Deputy City Manager for Development Services 20 Civic Center Plaza. (M-25} Santa Arta, CA 92701 a I Project Sponsor: Santa Ana Housing Authority ~ Atka: Linda Foster 20 Civic Center Plaza (M-27} ~ Santa Ana, CA 92701 ~ XI. RECORI?S/CONFIDENTIALITY ~ t A. The parties, and any subcontractors, shall prepare and maintain any records required bylaws, regulations, and procedures applicable to their responsibilities under this ~ Agreement. B. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. 1"inaricial records related to this Agreement shall be maintained for two (2} years a#ter termination of this Agreement. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof sha11 remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and ~ to that extent the provisions of this Agreement are severable. XiII. STATUS OF CONTRACTOR The Housing Authority is, and at all times shall be deemed to be, an independent contractor and shall be wholly responsible for the manner in which they perform the services required by the terms of this Agreement. The Housing Authority is, and at all times shall be deemed to be, entirely responsible for compensating staff and consultants employed by the Housing Authority. This Agreement shall not be construed as creating the relationship of employea~ and employee, or principal and agent, between City and the ~ j Housing Authority employees, agents, or subcontractors. The Housing Authority assumes exclusively the responsibility for the acts of its employees, agents or ~ ~ subcontractors as they relate to the services to be provided during the course and scope of their employment. The Housing Authority, its agents, employees, or subcontrac#ors, shall f 7 ~ . ~ 25D-11 not be entitled to any rights or privileges of City erztployees and shall not be considered in # any manner to be City employees. i XEV. NON-ASSIGNABILITY AND DELEGATION Project Sponsor shall not assign any rights under this Agreexrnent except upon written authorization from City. i. XV. TERM i The term of this Agreement shall commence July 1, 2414 and terminate June 34, ~ 2011, unless terminated earlier as provided in this Agreement; provided, botivever, the Santa Ana Housing Authority shall be obligated to pcrfarm such duties as would normally extend beyond this term, including but not Iirnited to, obligations with respect to indemnification, audits, reporting and accounting. XVI. TERMIl~CATiON A. Any party may terminate this Agreement, without cause, upon ninety {94) days written notice given the o#her parties. B. Any party may terminate this Agreement, upon thirty {34) days written notice given the other parties for material breach after failure to resolve the breach pursuant to the ~ i Dispute Resolution paragraph of this Agreement. C. The rights and remedies of City and the Hottsi.ng Authority provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreerxient. XVII. THIlZD PARTY BLNEI'ICIARY y No party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVIII. WAIVER OF DEFAULT OR BREACH f Waiver of any default the Housing Authority or City shall not be considered ~ a waiver of any subsequent default. Waiver of any breach by the Housing Authority or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default of any breach by the Housing Authority or City shall not be considered a modification of the terms of this Agreement. E a f 25D-12 ._i - I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date stated above. ATTEST. APPT20VED AS TO CONTENT: i I Maria D. Huizar David N. Ream 1 Clerk of the Couneit City Manager - APPROVED AS TO FORIVX: FIOUSTNG AUTHORYI'-Y ; Jgseph W. Fletcher ~ City Attorney - Cynthia J. Neison y: Lisa E. Storck Executive Duector Assistant City Attorney ft I i f t j - ~ , . g 25D-13 F 1 I EfL f f { 2 i I ~ I I1 I I~ i i I i 25D-14 ~ i COOPERATIVE AGREEMENT BETWEEN' • COUI~ITY OF ORANGE AND - CITY OF SANTA ANA This Cooperative Agreement {"Agreement") is hereby entered into far the term of July 1, 2010 through June 34, 2411, by and beivveen the Ciiy of Santa Ana, a charter city and } municipal corporation organized under the Constihttion and laws of the State of California ("City") and the County of Orange ("County"). ~ Recitals' A. City, on behalf of ail jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housiuag anti Urban Development (HUD) pursuant to the Housing Opportunities for Persons with AIDS (HOPWA) pragrarra; and jj B. City has entered into a HOPWA grant agreement with HUD; and i C. County has provided leadership and is responsible for planning, providing and contracting far comprehensive HIV services and has prepared, in eor}junction with the HIV Planning Council, Orange County's HIV Plan far providing such services; and D. ~ City wishes to contract with County in order that County may attain supportive housing services by contract for persons with HIV disease, which services shall be t.. administered and monitored by County; and E. County is agreeable to rendering such services on the terms and conditions hereina$er set forth; - l~FOW, THEREFORE, THE PAl2TlES MUTUALLY AGREE AS FOLLOWS: Y. CdUNTY SERVICES A. County shall serve as "HOP'4'VA Project Sponsor" for the purpose of contracting with organizations to provide supportive housing services, to persons with E Ix1V/AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and County. ' C. County shall utilize competitive bidding and contras#ing procedures far supportive housing services as required in HOPWA program regulations. As HOPWA Project Sponsor, County's responsibilities and payments cover appropriate monitoring and • administration of contracts resulting from competitive bid. 5 D. County shall ensure that each agency subcontractor receiving funds through ~ this Agreement operates in accordance with the requirements of the applicable HUD ~ zegulations. for the HOPWA Program and other federal, state and Iocal regulations as appropriate. 1 - ~ - - ~ Exhibit 2 25D-15 i . ~ he su ortive hausin E. County shall conduct an ongoing assessment oft pp g services required by the participants in the program. F. County shall assure the adequate provision of supportive services to the participants in the prog~ am; and G. County shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUl7 xnay establish for purposes of carrying out the program in an effective and efficient manner. Qua~.•terly and Annual progxess reports will be submitted by County within. forty-five (45) days after the quarter/year ends in a farm consistent with HUD publication HUD-40110,C {11/97) or any other form that HUD may require. [See Exhibit A {Quarterly Report) and Exhibit B (Annual Report) attached hereto and incorporated herein by reference]. These reports shall include copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement, copies of contracts between County and service providers, as well as a summary of program budgets and financial disbursements made under the terms of this Agreement. € H. "Contract Officers" means the County's Health Care Agency Contract Development and Management Manager or designee and the City's Housing and Neighborhood Development Manager. 1. Cotuity shall ensure that any County Subgrantee/Subcontractor receiving funds through this Agreement is informed That it must abide by the same terms and conditions and responsibilities as set forth in this Agreement for the County to fallow. II. BUDGET A. The following budget is an estimate only, of the costs of providing the services hereunder. This budget may be modified by mutual written agxeement of the Contract Officers. The maximum obligarion Hereunder is $821.,133. Supportive blousing Services $763,653 Administration* {see B. below) 57,480 } $821,133 ° nded B. The Adtninistrat~on costs shall be seven percent (7 /o) of the actual expe ~ grant funds. { C. All services and expenditures will be performed by June 30, 2011 and invozced by j August 15, 20 i 1. Any zemaining funds under this Agreement will be de-obligated upozz j termination of this Agreement. ):If. PAYMENTS/COST REPOR'X` A. City shall pay County fox the actual costs of providing the services hereunder, { whether provided directly by County ar its subcontractors, provided, however, the #otal of all payments to County shall not exceed the IVlaximum Obligation as specified hereinabove. B. County shall invoice City monthly, in arrears, based on the actual cost of providing and contracting for the services hereunder. County shall submit each invoice within forty- five (45) days after the end of each month. City shall pay County no later than thixty (30) . 2 ~ ~ ~ ~ . ~ ~ 25D-16 - days following receipt of such invoice and complete documentation of services pei~'ormed, cost and number of persons served, and Monthly Invoice Summary (See Exhibit C attached hereto and incorporated herein by reference). Final invoice must be submitted by August 15, 2011. ~ C. All invoices submitted by County shall be accompanied by source documentation j including, but not~limited to, journals, time sheets, canceled checks, invoices and records of ! services provided. D. At such times and in such a format as the Contract Officers mutually agree in writing, County shall prepare and submit to City report{s) of administrative costs inctnTed by County in the performance of this Agreement. I E. The Cost Report{s) shall be financial and statistical reports} submitted by County to City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s) shall detail all costs incurred by County to provide services hereunder. ~ F. Final Settlement shall be based upon the actual costs incurred by County tv provide services hereunder. If the Cost Report{s) indicates the total of City's payments to County are less than County's cyst to provide the services hereunder, City shall pay County the difference; provided, however, the to#al payment shall not exceed the Maximum Obligation. ! Payment due pursuant to the Cost Reports} shall be made within thirty (30) days of the Final I - Settlement determination. IV. DISPUTE RESOLUTIOy A. Either parry may give written notice to the other, setting forth in specific terrus the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provi-ded by and to the Contract Officers on behalf of the parties. The Officers shall have'fifteen (15) working days following such notice to obtain resolution of any issue(s) identified in this manner, provided, however, by mutual consent this period of time maybe e~rtended to thirty {30} days. ~ii . B. - - ~ if the Officers are unable to obtain resolution of the issues}, they shall submit a joint I written Statement describing the facts of the issue, within thirty (30} days a$er the written ' notice described above to the Orange County Health Care Agency (HCA) Director and to the Executive Director of the Community Development Agency (CDA) or designee for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate ~ statements to the HCA Director and Executive Director of City's Community Development Agency within the thirty (30} day period. Such persons shall meet and mane their best effort - to resolve the matter within thirty {30) days following submission of the statements. j Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director ar designee shall be documented in the form of Zvritten correspondence exchanged by such persons within ten (10) days fallowing their meeting. ' - k I - t - ~ i i 3 25D-17 j f I fi i I 'V. INDEMNIFICATION ~ 1 i Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from ail liability, claims, lasses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VI. INSPECTIONS AND AUDITS i A. Any authorized representative of City, any authorized representative of the State of California, the Secretary of the Uni#ed States Department of Health and Human Services, the Comptroller General of the United States Department of Housing and Urban Development or ~ any of their authorized representatives, shall have access to County books, documents, and records, which such persons deem pertinent to the Agreement, for the purpose of conducting au audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records/Confidentiality paragraph of this Agreement and the prennises in which they are provided. ~ i B. County shall actively participate and cooperate with any person specified in subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. VIC. LICENSES AND LA'W A. County, its ofljcers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States Department of Health and Human Services, State of California, County and any other applicable goveznmental agencies. ~ B. County shall comply with all layvs, rules or regulations applicable to the services provided hereunder, as any may now exist~or be hereafter changed. These laws, rules, and k regulations shall include, but not be lizxuted to the following: 1. United States Code (tJ.S.C.A.), Title 42, Section 12901-12912, AIDS Housing I Opportunity Ac#. ~ 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. CF12 Title 24, Part 85, Common Rule to the Community Development Block i Grant Entitlement Program. 4. Office of Management and Budget (OMB) Circular No. A-87, Cost Principles for State and Local Govemme_nts. 5. OMB Circular No. A-128, Single Audit Act of 1984. i . 4 i 25D-18 } ~ L . ~ I { i I VXI.I. NONDISCRiMINA'TION ~ I A. EMPLOY -County warrants that it has developed and does maintain an ' Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action ~ Guidelines of the Uluted States Eilual, Opportunity Commission and all appropriate state and federal laws and regulations. B. SERVICES, BENEFITS, AND FACILITIES --Neither County, nor any of its contractors, shall discriminate in the provision or services, the allocation of benefits, or in the i accommodation in facilities on the basis of a#hnic group identifieatian, race, religion, ~ ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. ~2000d and all other pertinent rules and regulations promulgated pursuant there#o, and as otherwise provided by State law and regulations, as all may now exist or be hereafter amended or changed. C. DISABLED INDI'Y.mUALS --County and its contractors shall agree to comply tivi#h the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A 794 et seq., as implemented in 45 CFR 84.1 et se9.), and the Americans with Disabilities Act of 1990 (42 U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified disabled persons in all programs or activities, as they exist now or may be hereafter amended { together with succeeding legislation. D. 12E'1'ALIATTOI~ -Neither County, nar its employees, agents, or contractoxs shall intimidate, coerce or take advexse action against any person for the purpose of interfering with rights secured by Federal or State Laws, ar because such: person has filed a complaint, certifiied; assisted or otherwise participated in an investigation, proceeding, hearing or any other acriviiy undertaken to enfoxce rights secured by Federal or State law. ! IX, NOTICES Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered iii person or rrzailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic ! communication in the manner provided in this Section, to the following persons: ~ To City: 1 Clerk of the City Council j City of Santa Ana . 20 Civic Center Plaza (M-30} P.O. Box 1988 Santa Ana, California 92702-1988 f telefacsimile (714) 647-6956 ~ 5 ~ . - - = ~ ~ . 1 25D-19 i t • #f f GVith courtesy copies to: City of Santa Ana Linda Foster, HOPWA Coordinator 20 Civic Center Plaza (M-27) Santa Ana, California 92702-1988 I To County: County of Orange Health Care Agency Cantxact I?evelopment and Management 405 Jest 5`~ Street, 6~' Floor Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other patty. Thereafter, arty notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. Tf sent by mail, any notice, tender, demand, delivery, or other i communicationz shall be effective or deemed to have been given three (3) days after it has been deposited in the 1;7nited States mail, duly registered or ceifified, with postage prepaid, and addressed as set forth above. If sent by telefacsixnile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty- four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set fozth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. X. RECORDS/CON7'IDENT7AT~ITY 1 a. The parties, and any subcontractors, shall prepare and maintain arty records required bylaws, regulations and procedures applicable to their responsibilities under this Agreement. ' b. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. 1 c. "Confidential lnforxnatian" shall include all nonpublic information. Confidential information includes not only written information, but also information transfet~ed orally, ~ visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the o#hex party is covered by this Agreement. XI. Ji'TRISDICTIOI~/VENUE This Agreement and all questions relating to ifs validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 'Phis Agreement has been execirted and delivered in the State of California and the validity, interpretation, performance, anti enforcement of any ofthe clauses of this 6 E 25D-20 Agreement shall be determined and governed by the laws of the State of California. Both , parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out af, in connection with or by reason of this Agreement, _ XIi. SEVERABILICT'Y If a court of competent jurisdiction declares•any provision of this Agreement or- i application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement ox the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XI.II. INllEPENDENT CONTRACTOR County is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible fox the manner in which it performs the services required of it by the terms of this Agreement. County is entirely responsible fox compensating staff and consultants employed by County. This Agreement shall not be construed as creating the relationship of employer anal employee, or principal and agent, between County and City or any of County's employees, agents, or subcontractors, or principal and agent, between County and City or any of County's enployees,. County assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. County, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. X1V. TERM f f The term. of this Agreement shall commence and terminate as specified herein, unless ~ otherwise sooner #exminated as provided vi this Agreement; provided, however, County shall be obligated to perform such duties as would normally extend beyond this term, including but not Iimited to, obligations with. respect to indemnif cation, audits, reporting and accotanting. 7~V. TERMINATION A. Either party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other party. ; • I B. Either party may terminate this Agreement, upon thirty (30) days written ~ notice given the other party for material breach after faihire to resolve the breach pursuant to • the Dispute Resolution paragraph of this Agreement. C. The ri h#s g and remedies of County ax City provided m this Termmatton I x 7 s c 25D-21 ~ ~ paragraph shall not be exclusive, and are in addition to any other xights and remedies provided by law or under this Agreement. ~ XVI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. I E r XVII. 'WAIVER OF DEFAULT OR BREACH - 1 - Waiver of any default by-County or City shall not be considered a waiver of any - subsequent default. Waiver of any breach of County or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach by County or City shall not be considered a modification of the terms of this ~ Agreement. ~ XVIII. NIISCELLANEOUS PROVISIONS - a, Each undersigned represents and warrants that its signa#tue hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is x~ot, in fact, held by the signatory or - is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of #his Agreement. I I I -I i - i i - I - - i g • ~ - ~ - - - - - E 25D-22 1- i i IN WITNESS WI~REOF, the parties hereto. have executed this Agreement in the County of Orange, State of California, on the date and year first above written. ATTEST: CITY OF SANTA ANA: E f _ - i MARIA. D. HUIZAR DAVID N. REAM : Clerk of the Council Ciry Manager APPROVED AS TO FORiYZ: JOSEPH W. FLETCHER j City Attorney i Lisa E. Storclc ' Assistant City Attorney COUNTY OF ORANGE BY: C~J[~~]RMAN OF THE BOARD OF SL7PERVISORS SYGIVED ANA CERTI + + D TEAT A, COPY ; OF THIS DOCUMEI~IT AAS BEEN DELNERED _ TO THE C:HAIRMAlY OI+` THE BOARD. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California I . s APPROVED AS ~'O FORIVI: i OFFICE Or THE COTJNTY COUNSEL ORANGE COUNTY, CALIFORNIA ~ l BY: DEPI7T'S'' 1 1 . I 9 ~ 25D-23 4 i 1 s 1 1 f i 1f E l i i` f f j (c } R t 1 1 25D-24 ' ~ FflR~ ~ ~OPIN'A DEOI~IOGRA?PHICS REPORT Organizafion: Program: Persons Receiving Housing Assistance: j Number of Fersans vrith H1V/AIDS: Number of Other Family Members: TOTAL: kI f Toial Households Receiving Housing Assistance: Ali Famif Mernbers__ tinder 18 18-30 31-50 Over 50 Total Male: ~ Female: Totai: Man#hl #ncome of Households: $0-$250 $251-$500 $501-$1000 $1001$1500 $1501-$2080 • Over$2000 - Re ort~Rase of AU Number of F~mity ]41~ritber~ Race ! ~htnlcity: iFa~it~ iSd'etri_iEeis Idre},i € rr as ~ti azit`s i Lein American IndianlAEaskan Native: ' Asian: Black/African American: Native Hawaiian/Other Pacific islander: White: _ American Indian/Alaskan Native & White: ~ Asian ~ White: _ Black/African American & White: Am. IndianlAlaskan Native & Biack/African Am.: ~ Other MulEi-Racial: Balance of individuals reporting more than one race: Total: Recent Living Situation; Entering From: Leaving To: Horrteless /Streets: Transitional Housing: Emergency Shelter: _w.~, ~ Psychiatric Facility: Substance Abuse Treatment: _ _ Nospitai / Medical: Jai! /Prison: 1 Domestic Violence: j Giving w/ Relative or friend Rental Housing: Participant-owned Housing: i..ife Bveni: Other: ~ i Revised 05 /05109 25D-25 I i • REPORT FOR1Vi C • SCATTERED SITE HOUSING ACTIVITY 1 (Tenant Based Rental Assistance, Ernergency HousinglUtility Assistance} AC7IVETY NAME: ACTIVITY LOCATION: DATE PAYMENTS 13EGAN: Number of Units Assisted by Payment Tyr~e: SRO 0 13drm 1 Bdrm 2 Bdrms 3 13drms ~ Bdrms 5+• Bdrms Tenant-Based Rent Rent, Mart a e, Utilities Rent, Mort a e, Utilities Expenditures 13y Type: Tenant Based Rental Assistance: $ STRMU Assistance: $ I I i Total Families Assisted with Housing Assistance: Program Departure Counts: Number of Months <3 3-6 7-12 ~'{2 Voluntary: Nonpayment of rent: supportive Service noncompliance: Un)<nown: 1 CriminaL• {I [lea#Et: Other: Availabie H~PWA Funds: Total HOPWA Funds for Project: $ Total HOPWA Expended To Date: ~a Project Balance Remain)ng: $ I 1 Leveraging (for year end report onlyj: Non-HOPWA Funds: $ ~ $ - I $ Value of In-)find Support: $ $ I ~ ~ Total of Leveraf}ed Amounts: $ I Revised x5/05109 25D-26 i ~tEPORT FORi~ D • ~ (Housing Information /Coordination, Admin) ORGgaatzt+T~oN: PROGRAM: - i F Total Households Receiving Housing information: l 4 Estimated Persons Receiving Housing in#ormation: l HOPWA EXPENDITURE DETAIL ' Enter the amount of NOPWA funds expended during the report period far one or more of the activities listed below: Housing Coordination: $ Administrative Costs: $ i Total: $ f k Available HOPWA Punds: Total HOPWA Funds far Project: $ Total HOPWA Expended To Date: $ Project Balance Remaining: $ . Leveraging (for year end report only): Nan-HdPWA Funds: $ $ Value of In-Kind Support: $ Total of Leveraged Amounts: $ ~ i r II I ' II Revised 05165!69 25D-27 s ~ I - REPORT FORNt E SUPPORTIVE SERVICES Program: ~ Location: Receiving Supportive Svcs Receiving Supportive Svcs w/ l-lousing Assistance Oniy ~ Persons With HfV/AIDS Other Persons in Family Unit Total _ I Supportive Services $ 1xpended # of Persons Served ~ 1. Outreach $ 2. Case Management/ Advocacy/Access to Benefits Svcs $ 3. Life Management (outside of Case Management a. - Nutritional ServlceslMeais $ 5. Adult Day care and Personal Assistance ~ i _ 6, Ghiid Care and other Children's Services $ i 7. Education' $ 8. Employment Assistance' $ 9. Alcohol and Drub Abuse Services $ ~ 10. Mental Health Services $ 11. Health/Medicafllntensive Care Services $ 12. Permanent f-lousing Placement ~ 13. Transitional Shelter $ 14. Other $ 15. Other $ TOTAL $ Number of Jobs ! Ne~v Employment that Result from # 7 & 8 - i Available HOPWA l=ands: 4 Total NOPWA Funds for Project: $ ! Total HOpWA Expended To Date: $ ' Project i3alance Remaining: $ f~ I 1 Leveraging (#or year end report only}: k 1 Non-NOPWA Funds: $ Value of In-Kind Support: $ Total of Leveraged Amounts: $ i Revised 05!05109 i 25D-28 ~ REQUEST FOR @~~ COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended AMENDMENT TO AGREEMENT FOR ? As Amended ? Ordinance on 15t Reading REDLIGHT PHOTO ENFORCEMENT ? ordinance on 2"d Reading SYSTEM ? Implementing Resolution ? Set Public Hearing For CONTINUED TO 0(J FILE NUMBER CI Y MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached Third Amendment to Agreement with Redflex TrafFic Systems, Inc., subject to non-substantive changes approved by the City Manager and City Attorney to support a Red Light Photo Enforcement program. DISCUSSION On December 2, 2002, Council approved afive-year agreement with Redflex Traffic Systems, Inc. for the installation, maintenance, and support of an automated Red Light Photo Enforcement System. The original agreement included the installation and support for up to twenty approaches at designated intersection approaches throughout the City for the purpose of enforcing red light traffic violation. During the initial term, twenty approaches were installed in the City. The original agreement also provided for two consecutive one-year extension options at the expiration of the initial term to provide continuous, uninterrupted service. The parties exercised both of these options, providing for uninterrupted service through June 18, 2010. In order to continue uninterrupted service, the parties have prepared a Third Amendment to Agreement in order establish a new five year term commencing on June 18, 2010, and including two consecutive one- year extension options at the expiration of the initial term. This amendment also decreases the cost of service for existing intersections from $5,370 to $3,900 per approach per month, and sets the cost for new approaches at $4,750 per month, which includes the cost of installation of new equipment, maintenance, and operational services. The amendment also allows the City to order the installation of up to twenty (20) new approaches in the City at its option. The contract is further amended to require Redflex to issue warning notices at each new approach, and to provide expert court testimony upon request. In addition, the City will have the opportunity to terminate the contract if there are any changes in the law or negative court rulings that would prevent prosecution of the subject incidents. 25E-1 Red Light Photo Enforcement System June 7, 2010 Page 2 Redflex Traffic Systems, Inc has preformed satisfactorily with the system installation, software, maintenance, support and citation processing services provided. Staff recommends executing this agreement. Changing systems would be cost prohibitive and would require new construction at all existing intersections, changing software systems and retraining staff. FISCAL IMPACT Funds are available in the Police Department's Traffic Division Fund Account (account no. 01114405- 62300) in the Fiscal Year 2010-11 budget. APPROVED AS TO FUNDS AND ACCOUNTS: aul M. Walt s Francisco Gutierrez ~ Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency~~ 25E-2 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND REDFLEX TRAFFIC SYSTEMS, INC. THIS THIRD AMENDMENT (the "Amendment") made and entered into this day of 2010, by and between REDFLEX TRAFFIC SYSTEMS, INC., a Delaware Corporation, with offices at 23751 N. 23`d Avenue, Suite 150, Phoenix, AZ 85085-1854 (hereinafter referred to as "Redflex"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The parties previously entered into an Agreement between the City of Santa Ana and Redflex Traffic Systems, Inc. ,number A-2002-231, dated December 2, 2002 (the "Agreement"), to provide automated red light photo enforcement in the City of Santa Ana; and, B. The parties mutually agree to amend certain terms of the Agreement, including, among other revisions, the term, installation, violation processing, training, compensation, go live and final acceptance, insurance, and termination clauses. C. The Santa Ana City Council hereby authorizes the Chief of Police to exercise the option to extend the term for a one (1) year period upon the expiration of this five (5) year term, and to exercise the option to extend the term for a second one (1) year period upon the expiration of the first one (1) year extension of said agreement, upon the discretion of the Chief of Police, WHEREFORE, in consideration of the mutual and respective covenants and promises contained herein, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: 1. TERM. Paragraph 1 of the Amendment entered into February 4th, 2008, pertaining to the Term in Section 1, is amended as follows: As of the effective date of this Amendment, the term is extended for five (5) years commencing June 18th, 2010. By mutual agreement, the term of this Amendment may be extended by two (2) additional consecutive one-year (1) periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The City has the right to extend by providing written notice to Redflex not less than 30 days prior to the last day of the renewal term. Even after termination of the instant contract, either through expiration of the term or invocation of the termination clause, Redflex will continue to provide the City with evidence packages and prosecutorial support for any violations captured by the red light camera equipment up to the date of termination of the contract. 2. PARAGRAPH 3 -INSTALLATION is amended as follows: With respect to the number of Designated Intersection Approaches mentioned in the first sentence of Paragraph 3 -Installations, the number of approaches is modified to include an additional twenty (20) approaches for a total of up to forty (40) approaches. The installation of such additional approaches, or research of the same by the City, is not required, and is at the sole discretion of the City. Redflex will provide site surveys for proposed approaches to the City at no charge at the request of the City. All other aspects of this paragraph are to remain unchanged. Section J below is now added as follows: 25E-3 j. Redflex construction will be able to utilize existing conduit for installation where space is available. Where it is determined by both parties that additional conduit is necessary, the cost shall be borne by Redflex; however, the City shall provide at no cost the necessary encroachment permits. 3. PARAGRAPH 5 -VIOLATION PROCESSING Section j is amended as follows: EXPERT COURT TESTIMONY: Contractor shall provide, at no cost to City, expert court testimony for use by City in prosecuting Violations. Such request must be made in writing with no less than fourteen (14) calendar day notification prior to court proceeding, when feasible and allowable. Otherwise, any request for testimony made in a reasonable manner and amount of time must be honored by Redflex. City will be provided with a local expert at no cost; however, should City warrant expert court testimony from Redflex Traffic Systems Arizona offices, after exhausting all other options, such expert shall be provided to City on a cost reimbursement basis. Such compensation is to include reasonable travel expenses only to appear at the venue for court testimony. The City reserves the right to review and scrutinize any travel invoices from Redflex, and to refuse payment for unreasonable charges. If testimony is regularly required from Redflex Traffic Systems Arizona offices, this shall serve as reasonable cause for termination of the contract pursuant to Paragraph 21 -Termination of the agreement. 4. PARAGRAPH 6 - Training Section a is amended as follows: Contractor shall provide training at no cost to the City for up to an additional fifteen (15) personnel of the City during the term of the instant amendment commencing on June 18, 2010. All other aspects of this section are to remain unchanged. 5. PARAGRAPH 10 -COMPENSATION Section a - is amended as follows: Commencing on the execution of this Third Amendment to the Agreement, City shall be obligated to pay Redflex a fixed fee for each Intersection Approach as full remuneration for performing all of the services contemplated in this Agreement as per the following three (3) pricing categories: Category 1: Fixed Fee of $3900.00 per month per approach for each of the following twenty (20) Existing Intersections Approaches: Harbor / McFadden - N/B First St. /Euclid - N/B Euclid /First St. - N/B 17th St. /Broadway - N/B 17th St. /Bristol St. - NB First St. /Grand - N/B Santa Ana Blvd. /Main St. - W/B First St. / Fairview - N/B Fairview /First St. - N/B Harbor /Warner - N/B Harbor /Westminster - N/B Westminster /Harbor - NB Newhope St. /Hazard Ave. - S/B Bristol St. / Edinger - N/B 17th St. / Tustin Ave. - W/B 17th St. / Tustin Ave. - SB Segerstrom Ave. / Raitt - W/B 25E-4 Dyer Rd. /Pullman St. - W/B Bristol St. / Segerstrom Ave. - S/B Warner /Harbor - W/B Category 2: Relocation of up to five (5) approaches, mutually agreed upon by both City and Contractor, will be at no cost to the City. Once the approach relocation is completed, the relocated approaches will be categorized as new Designated Intersection Approaches with a fixed fee of $4750 per month per approach thereafter. Fixed fee for these relocated approaches will be prorated on the monthly billing to reflect the time each new approach is operational. Category 3: For each new Designated Intersection Approach, City shall be obligated to pay Redflex a fixed fee of $4750 per month per approach for each new Designated Intersection Approach as full remuneration for performing all of the services contemplated in this Agreement. Business Assumptions for All Pricing Options: Where improvements to capture additional lanes are added to any of the above approaches, the fixed fee will be increased proportionally by mutual agreement between both parties. In the event that a system is disabled for more than 24 hours, the monthly fee for that system will be reduced to the number of days operational and a prorated fee will apply for that system. However, in the instance of a system disabled for more than 48 hours due to a knockdown, the monthly fee will be prorated after 48 hours. If a system is disabled during a weekend, the monthly fee will be prorated after 48 hours. Section f below is now added as follows: £ FAILURE TO APPEAR: Requests for FTA Reports (Failure to Appear) made within one year of Violator's failure to appear, will be provided at no charge to City. Section g below is now added as follows: g. ROADWAY PROJECTS: Contractor will not be responsible for the construction costs of Roadway or Intersection improvement projects. Contractor shall be responsible for equipment placement for operational system approaches as a result of any roadway or intersection improvement project by City. If a system is deactivated at the City's request due to roadway construction or project, the City will not be billed for the Intersection Approach downtime for that system until the project is completed. 6. PARAGRAPH 11- GO LIVE AND FINAL ACCEPTANCE Section a is added as follows: Redflex will be required to issue at least thirty (30) days worth of warning notices with no charge to the City for each new or moved intersection approach. 7. PARAGRAPH 12 -INSURANCE is amended as follows: Prior to undertaking performance of work under this Agreement, Contractor shall obtain and cause to remain in full force and effect during the Term insurance as described below: Section a is amended as follows: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting 25E-5 from any act or occurrence arising out of Contractor's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Limits required can be provided through any combination of primary and excess policies. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of the Agreement and shall be approved in form by the City Attorney. Section b is amended as follows: Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Limits required can be provided through any combination of primary and excess policies. Such insurance shall include coverage for owned, hired and non-owned automobiles. Section d is amended as follows: If Contractor is or employs a licensed professional such as an architect or engineer, professional liability (errors and omissions) insurance is required, with a combined single limit of not less than $2,000,000.00 per claim. Section e (iii) is amended as follows: Certificates of Insurance on all policies shall state that the insurer will endeavor to mail the City written notice of not less than thirty (30) days prior to cancellation, except only ten (10) days in the event of cancellation due to non-payment of premium. 8. PARAGRAPH 21 -TERMINATION Section a is amended as follows: Any negative ruling or order from any court pertaining to the admissibility of red light camera results, or the legality or sufficiency of the red light camera system, or any other issue that reasonably inhibits the prosecution of red light camera cases shall provide immediate cause for termination.9. EXCEPT AS AMENDED IN THIS AMENDMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHERFEOF, the parties hereto have executed this Third Amendment to said Agreement as of the day and year first set forth above. ATTEST: CITY OF SANTA ANA Maria D. Huizar David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney 25E-6 Ryan O. Hodge Deputy City Attorney REDFLEX TRAFFIC SYSTEMS, INC., RECOMMENDED FOR APPROVAL: Aaron Rosenberg Executive Vice President Paul M. Walters Chief of Police 25E-7 25E-8 REQUEST FOR _ COUNCIL ACTION ,';,r~~;~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY; JUNE 7, 2010 TITLE: APPROVED ? As Recommended APPROVAL OF QUALIFIED ? As Amended ENVIRONMENTAL CONSULTANT LIST TO ? Ordinance on 151 Reading PROVIDE ENVIRONMENTAL SERVICES ? Ordinance on 2nd Reading AND TECHNICAL STUDIES ? SeplPublclHearing Foon CONTINUED TO ~`~tL""'~ ,J ~~~"`"^'y-- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve and authorize the City Manager and the Clerk of the Council to execute environmental consultant agreements in substantial conformity with the attached agreement with the following firms to provide environmental services and related technical studies for the City of Santa Ana at the fees set forth in their responses to the Request for Qualifications. Consultants: AECOM LSA Associates Albus-Keefe & Associates Mestre Greve Associates AMEC Earth & Environmental, Inc. Michael Brandman Associates CAA Planning PBS&J Chambers Group PCR Services Corporation Cogstone, Inc. Phil Martin & Associates Converse Consultants RBF Consulting Environmental Resolutions, Inc. (REA} RPG, Inc. Fehr-Peers Transportation Consultants Rincon Consultants, Inc. GC Environmental RK Engineering Group Hogle-Ireland Romo Planning Group ICF Jones & Stokes Sapphos Environmental Keeton Kreitzer Consulting T&B Planning Kimley-Horn & Associates The Planning Center KOA Corporation Ultra Systems Kunzman Associates, Inc. URS Corporation Americas Lead Tech Environmental Wieland Acoustics Lilley Planning Group Willdan 25F-1 Environmental Consultant List June 7, 2010 Page 2 DISCUSSION Staff identified a few years ago ways to streamline the environmental process in order to facilitate investment in the community by pre-qualifying environmental consultants. These consultants provide technical expertise related to preparing environmental impact reports and studies, negative declarations, environmental assessments, and other technical reports. These reports and studies are required under the state and federal law i.e., the California Environmental Quality Act and the National Environmental Policy Act. This streamlined environmental process can save as much as 4 months for development projects and capital improvement projects. This streamlined process was instituted in 2007 and has worked well. Similar to many cities, the City of Santa Ana utilizes consulting firms to provide technical expertise relating to environmental services. Recently, the City has contracted with environmental firms to prepare complex environmental impact reports for such projects as Parkview at Town and Country Manor, Corinthian College, the Transit Zoning Code, and the City's Housing Element. When a private development project requires an environmental study, the developer is required to submit payment to the City for the full cost of the study. This payment is placed in a special City account (account no. 09801001-24035). When the environmental report is completed, the City pays the consultant from this account. In the case of City development projects, the respective agency would pay the consultant for environmental services from their project funding allocation. In both cases, this requested action saves vital time in the selection and contracting process for consultants. A request for qualifications was sent to 52 consulting firms in April 2010. Proposals were submitted from 36 firms. These proposals were then evaluated and compiled onto a list of qualified firms. The list includes consulting firms that provide all disciplines of environmental and technical studies required to process various types of development and capital projects. It is recommended that the City approve the list of pre-qualified consultants for environmental services. These consultants then will be contracted with individually for specific projects each time a private developer or the City initiates a new project. ENVIRONMENTAL IMPACT The approval of a consultant list for environmental consultation is statutorily exempt from CEQA. 25F-2 Environmental Consultant List June 7, 2010 Page 3 FISCAL IMPACT Developers are required to pay for the total cost of environmental services required for development projects. Fees for these services will be deposited into a special City deposit account (account no. 09801001-24035) in amounts not to exceed an aggregate amount of $2,000,000, and like amounts will be expended from this account to pay consultants for environmental services for these development projects until such time the funds are exhausted. In the case of City development projects, funds will be appropriated from State and/or Federal grant programs such as Community Development Block Grants, and will be drawn from the respective project account. APPROVED AS TO FUNDS AND ACCOUNTS: ;'V ~ ~ Ja' .Trevino Francisco Gutierrez Ex tive Director Executive Director Planning and Building Agency Finance & Management Services Agency HS:rb Hs:\Environmental_copnsultant_listlRFCA_consultanUist_060710.cc2 Exhibit: 1. Consultant Agreement 2. Consultant Agreement -Grant funded 25F-3 i 25F-4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7`" day of June, 2010 by and between (Consulting Firm) , a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant s Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the EXHIBIT 1 25F-5 scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an em to er-em to ee relationshi , a 'oint venture relationship, or P Y p Y P J to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the 25F-6 performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to 25F-7 negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 25F-8 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 25F-9 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited bylaw, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25F-10 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: CONSULTANT JOSEPH W. FLETCHER City Attorney By: NAME Laura Sheedy Title Assistant City Attorney Tax ID# 25F-11 25F-12 CONSULTANT AGREEMENT INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this _ day of , 20_ by and between (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"). B. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with all of the CDBG Reg's, including, but not limited to: Section 3 compliance, Procurement, and Prevailing Wage (as applicable). C. Consultant further certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. E. Consultant was chosen through an open Request for Qualifications (RFQ) process in order to follow the federal rules of Procurement, in order to establish apre-qualified list of environmental consultants. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall pursuant to the Proposal and Plans, dated submitted by Consultant, attached hereto and incorporated herein as Exhibit A. EXHIBIT 2 1 25F-13 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract amount for the services shall be Dollars )for approved and documented required and necessary work, subject to prior approval of the Deputy City Manager. b. The total sum to be expended under this Agreement shall not exceed Dollars .00) during the term of this Agreement. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on 20_, unless terminated earlier in accordance with Section 10, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the 2 25F-14 services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 3 25F-15 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, subcontractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. 4 25F-16 C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred Consultants. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not 5 25F-17 make the above-referenced documents available within the city of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in Exhibit C attached hereto and by this reference incorporated herein. Consultant shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of City to pay any sums to Consultant under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCity-assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee agent, Consultant, officer, or elected or appointed official of City, or of any designated public agency, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug- free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a 6 25F-18 controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Consultant agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Consultant. Further, any conflict or potential conflict of interest of any officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 7 25F-19 Q. Use of Debarred. Suspended, or Ineligible Participants. Consultant shall comply with the provisions of 24 CFR 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status. R. Economic Opportunities for Low Income People. (24 CFR 570.487, Section 3 of the Housing and Urban Development Act of 1968, 12 USC 1701u, as amended by Section 915 of the Housing and Community Development Act of 1992). Consultant certifies that it implements a policy in accordance with Section 3 of the Housing and Urban Development Act of 1968 that requires employment and other economic opportunities arising in connection with housing rehabilitation, housing construction and other public construction projects shall, to the extent feasible and consistent with existing federal, state and local laws and regulations, be given to low and very low-income persons. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. To the extent applicable, the Consultant shall comply and/or cause compliance with Section 3 Clause requirements for the Project. For example, when and if Consultant or its contractor(s)/subcontractor(s) hire(s) full time employees, Section 3 is applicable and all disclosure and reporting requirements apply. S. Conformance with Applicable Labor Law. All laborers and mechanics employed by the Consultant and any subcontractor in the performance of any construction work under this Agreement (if any) shall be paid wages at rates not less than the prevailing wage as determined by the U.S. Department of Labor, under the Davis-Bacon Act. The Consultant further agrees to comply with the provisions of the Copeland Act and the Contractor Work Hours and Safety Act. This paragraph does not apply to contracts which do not exceed $2,000. T. Compliance with Law/Program Income. Consultant acknowledges that the funds being provided by City for said Scope of Work are received by City pursuant to the Act as amended and that expenditures of these funds shall be in accordance with the Act and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by Consultant shall be returned to City unless otherwise provided for in this Agreement. Consultant agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. U. Reversion of Assets. Any real property under Consultant's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where City has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by City; or 2. If not used in accordance with subparagraph 1 above, Consultant shall pay to City an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the 8 25F-20 property. Such payment is program income to City. 9. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, contractor, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 10. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 11. VENUE/JURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 9 25F-21 12. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: 10 25F-22 14. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 11 25F-23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar DAVID N. REAM City Clerk City Manager APPROVED AS TO FORM: CONSULTANT JOSEPH W.FLETCHER City Attorney By: BY~ Lisa Storck Name: Assistant City Attorney Title: Tax ID# 12 25F-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended APPROPRIATION ADJUSTMENT ? As Amended ? Ordinance on 1ST Reading ACCEPTING FY 2009 INTEROPERABLE ? Ordinance on 2"d Reading EMERGENCY COMMUNICATIONS GRANT ? Implementing Resolution PROGRAM ? Set Public Hearing For CONTINUED TO ~'~-tg~-~-------~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Emergency Management Agency for the FY 2009 Interoperable Emergency Communications Grant Program (IECGP) in the amount of $2,200,786. 2. Approve an Appropriation Adjustment recognizing the FY 2009 Interoperable Emergency Communications Grant Program in the amount of $2,200,786 in revenue account (no. 12514002-52001) and appropriate same in the FY 2009 Interoperable Emergency Communications Grant Program expenditure accounts (no.12514488-various). DISCUSSION The United States Department of Homeland Security has developed the Interoperable Emergency Communications Grant Program (IECGP). The IECGP provides funds to emergency first responders to improve interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters. The grant specifically provides funding for the creation of plans, protocols and procedures and to conduct training and exercises. The only eligible sub-grantees for the FY09 IECGP local awards are the recognized Urban Area Security Initiative's (UASI) within each of the four planning areas that are determined by the California Statewide Interoperability Executive Committee (CaISIEC). The City of Santa Ana continues to be designated as an Urban Area Core City and will handle grant administrative responsibilities in representing the CaISIEC's Southern Planning Area. Santa Ana will work in collaboration with cities and counties in the Southern Planning Area that include Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties to implement complimentary plans, protocols and procedures for effective interoperable communications. 55A-1 Appropriation Adjustment Accepting FY2009 IECGP June 7, 2010 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2009 IECGP account (no. 12514002-52001) by $2,200,786 and appropriate same in the FY 2009 IECGP expenditure account (no. 12514488-various). Although this is a reimbursable grant, grantees may elect to draw down funds up to 120 days prior to expenditure/disbursement. Furthermore, approximately $66,023 will be provided to the City of Santa Ana for Management and Administration (M&A) of the grant which includes the funding of salaries for time spent coordinating grant efforts. APPROVED AS TO FUNDS AND ACCOUNTS: _ V~-- Paul M. Wafters Francisco Gutierrez ~ Chief of Police Executive Director Police Department Finance & Management Services Agency Exhibits: 1. Resolution 2. Appropriation Adjustment 55A-2 ROH 5/13/10 RESOLUTION NO. 2010-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND/OR THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FOR THE FY2009 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Emergency Management Agency is responsible for implementing the United States Department of Homeland Security, Interoperable Emergency Communications Grant Program (IECGP). B. The FY 2009 IECGP provides governance, planning, training and exercise funding to carry out initiatives to improve interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters. C. The City of Santa Ana has been awarded funding from the California Emergency Management Agency for the fiscal year 2009 IECGP in the amount of $2,200,786. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police or his designee(s) to submit an application to the California Emergency Management Agency for the FY 2009 IECGP in the amount of $2,200,786 to fund the following projects: A. Creation of the Southern Planning Area (SPA) Project Management Plan. B. Development of a 5-year Communications Interoperability Strategic Plan. C. Development of SPA governance structure and charter. D. Provide support of SPA daily interoperable operations. E. Development and implementation of a Training and Exercise Plan. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining Resolution No. 2010-XXX 55A-3 Page 1 of 3 federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2009 Interoperable Emergency Communication Grant Program in the amount of $2,200,786 and appropriates same in the FY 2009 Interoperable Emergency Communications Grant Program expenditure accounts. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-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. 2009-XXX 55A-4 Page 2 of 2 REQUEST FOR Y COUNCIL ACTION ~ 1~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended EXTENSION OF CONDITIONAL USE PERMIT ? As Amended NOS. 2008-01 AND 2008-02 AND VARIANCE ? Ordinance on is' Reading ? Ordinance on 2"d Reading N0.2008-02 TO ALLOW THE OCCUPANCY ? Implementing Resolution OF A VACANT BUILDING AT 1005 SOUTH ? Set Public Hearing For HARBOR B EVARD CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-01 and 2008-02 and Variance No. 2008-02. DISCUSSION In April 2008, the City Council approved Conditional Use Permit Nos. 2008-01 and 2008-02 as well as Variance No. 2008-02 to allow the rehabilitation and occupancy of a commercial building that has been vacant for several years at 1005 South Harbor Boulevard. The conditional use permits allowed a restaurant use within the North Harbor Specific Plan zoning district and a Type 41 (on-sale beer and wine) Alcohol Beverage Control license for a new restaurant. Further, the variance allowed a reduction in the front yard landscaped setback (Exhibit 1). Due to a significant shift in the local, state and national economies over the past two years, Baja Fish Tacos has been unable to secure the funds necessary to rehabilitate the building and open the Contodo Mexican Grill. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permits and variance and is requesting an extension. Section 41- 647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement. The project has not been submitted into building plan check; however, the applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. As a result, staff recommends that the entitlements for the commercial buildings be extended by a period of one year. The Police Department also supports this request. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55B-1 Extension of CUP Nos. 2008-01 & 2008-02 Variance No. 2008-03 June 7, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. l..s Jay .Trevino Executive Director Planning and Building Agency VF:rb vflreportsCUP08-1 & 08-2 and va08-2.extension.cC Exhibit: 1. Site Plan 55B-2 55B-3 ~ r~ gg ~ I I O U ~ i~ g~ ~ f ~ ~ ~ ~R ~ ~ ~ ¦ ~ ~ ~ ~~~~i~~~~ ~ ~ ~ s~~s ~s ~ E~ ~ b ~ g~ ~Q~e~ ~ ~a ~ ~a6~~~~~~~ p~~~~>; ~~I~~~~~ ®®®®a©mr~mm©m mr~ammmm m©m ~ttmo d mmm ~ € 4 ~ ~s $ ¦ B r T~ ~ ~ ¦4 ~ 9 ~ p e ~ ~ R+J ~~j~1 L ~ R~ F~~ty ~9.} Y ~ ~~R~~ ~ eYYR~i ~'a"~ e~~ ~ ii~f~ ~"y~~~ C ~ ~ S !!R~¦S ~~6 ~ t~ ~ g ~ ~ r A~. N Q ~ Q+ 9 C Z A ¦ ? ?ot?ooo?oooa???o?®?®m®m® mmn~m?®mt~mm ? l s ~ a z •onie aoa~roN •s Z _ E fi Y / ~ ly ~ ~ ? ! ~ 'll 11L ~~?W,, i t Y W 4 ~ ;r I 'i' ~ xx ~ e ~ ~ ¢i ~T ~ a ~ ~ 9 ' '+1'r' 1 ~ eke `~9~ I A _r 'I ~I ~ I g _ ;gyp ~ w $ ° ~ I X > ' x z ~ - ~ N rk~ Y ~ 0 d• e ' 11188811/ F ~ ! r G • 1 3 _ ~ ~ ~ teT a ~ d ~ R Q - s r = Q 1 g3 b.. ~ _ ~ ~ ~~3~ CUP Q8-2NA OS-2 KO - 6/1/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-01 AS CONDITIONED, CONDITIONAL USE PERMIT NO. 2008-02 AS CONDITIONED, AND VARIANCE NO. 2008-02 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 24, 2008 the Planning Commission received and filed the Zoning Administrator's action approving Conditional Use Permit No. 2008-01 as conditioned to allow a Type 41 Alcohol Beverage Control license in order to sell beer and wine for on-premise consumption at 1005 South Harbor Boulevard. B. On April 7, 2008, the City Council received and filed the Planning Commission's action approving Conditional Use Permit No. 2008-02, as conditioned to allow restaurant use within the North Harbor Specific Plan zoning district, and Variance No.2008-01, as conditioned to allow a reduction in the front yard landscaped setback for the property located at 1005 South Harbor Boulevard. C. The applicant has requested a one year extension for Conditional Use Permit No. 2008-01, Conditional Use Permit No. 2008-02 and Variance No. 2008-01. D. The extension request came before the City Council on June 7, 2010. E. The project has been delayed according to the applicant due to the current economic environment. F. Pursuant to City of Santa Ana Municipal Code section 41-647, where construction does not commence these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. G. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been Resolution No. 2007-XXX 55B-5 Page 1 oft made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2008-01 as conditioned, Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-01, as conditioned are hereby extended for a period of one (1) year from the date of this Resolution. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated June 7, 2010 and exhibits attached thereto, and any public testimony, all of which are incorporated hereby this reference. 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 June, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007-XXX Page 2 of 2 55B-6 REQUEST FOR COUNCIL ACTION ~ wo.a.... CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended PUBLIC HEARING -FISCAL YEAR ? As Amended 2010-11 CITY BUDGET p ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2010. 2. Adopt a resolution amending resolution numbers 82-110, 91-066 and 96-095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2010-11 fiscal year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. In addition, this budget emphasizes four City Council focused priorities: enhance public safety, improve transportation infrastructure, address minor deferred maintenance projects in parks, and ensure the City's long-term financial stability. As a result of the global financial crisis and its impact on local and state resources, ensuring the City's long-term financial stability has become even more important. The proposed budget has been developed to move Santa Ana closer to such stability, while maintaining core programs and i services to the extent possible. The total annual proposed budget for fiscal year 2010-11 is $474,282,113 which includes a capital projects budget of $43 million, primarily funded through grants; refuse, sewer, water, sanitation, parking meter and regional transportation center budgets totaling $94 million; a housing assistance budget of $38.7 million; a redevelopment agency budget of $61.9 million; special revenue and grant funds amounting $39.5 million and a general fund budget of $197.1 million. The declining economy and its impact on revenues, combined with increasing costs, have radically accelerated the need to resolve the City's structural deficit. In an effort to protect critical front-line 75A-1 Public Hearing -Fiscal Year 2010-11 City Budget June 7, 2010 Page 2 services provided to the public, the proposed budget integrates various revenue raising and expenditure reduction strategies which include restructuring certain fees to achieve full cost recovery, use of one-time revenue transfers into the General Fund, elimination of vacant funded positions, continuation of the hiring freeze, negotiating concessions from the various bargaining units, and continued evaluation of all business practices to reduce organizational redundancies and improve efficiency. Departmental budget reductions for 2010-2011 range from 8% to 12% for public Safety departments and 7% to 17% for non-safety departments resulting in a 9.5% reduction in the City's overall General Fund budget. With regard to workforce changes, a net total of 123 positions, most of which are currently vacant, will be deleted from the budget. The elimination of these positions is part of the City's budget reduction strategy. The proposed resolution amends prior resolutions by adding classification titles and 6-step and 15-step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations. FISCAL IMPACT With approval of the proposed budget, $474,282,113 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of that amount $197,124,495 will be appropriated to the various general fund operating departments, including redevelopment agency pass-throughs of $2,238,910. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A-2 Iss05/10/10 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, 2010 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, 2010, together with his budget letter dated May 28, 2010. 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, 2010, 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 2010- 2011," acopy 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 2010-2011, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 10-11." 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 75A-3 for which more than one program is 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, 2010. 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 7 5A-4 organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2010. Miguel A. Pulido Mayor 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, MARIA D. HUIZAR, 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 75A-5 75A-6 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110 AND 91-066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91-066, re-establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. With the adoption of the Annual Budget for Fiscal Year 2010-2011, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. E. It is now desired to amend Council Resolution Nos. 82-110 and 91-066 to effect these changes. Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82-110, as amended, be further amended by: A. Adding, in alphabetical sequence, the following full time classification title at the monthly six-step salary rate range indicated: Classification Title 6-Step Salary Rate Ranae (AA-E) Effective 7/1/10 SRR Monthly Salary Minimum-Maximum Police Systems Support Analyst 706 $6542 - $8349 75A-7 B. Providing a salary adjustment to the following full time classification title at the monthly six-step salary rate range indicated: 6-Step Salary Rate Range (AA-E) Effective 7/1 /10 From Monthly Salary To Monthly Salary Classification Title SRR Min-Max SRR Min-Max Community Services Supervisor 698 $6291 - $8029 691 $6080 - $7761 Seci ton 3. That Section 3.5.2 Classification Titles and Wage Rates for Long- Term Represented Categories of Non-Civil Service Part Time Employment of Resolution No. 82-110, as amended, be further amended by adding, in alphabetical sequence, the following part time classification title, at the hourly five-step salary rate indicated: Hourly Wage Rates Effective 7/1/10 Classification Title Step A Step B Steg C Step D Step E Public Works Records Assistant $21.94 $23.04 $24.20 $25.41 $26.68 Section 4: That Section 3B Middle Management Classifications of Resolution No. 91-066, as amended, be further amended by: A. Adding, in alphabetical sequence, the following full time classification titles at the monthly fifteen-step salary rate range effective 7/01/10: 15-Step Salary Rate Ranae (SRR) Effective 7/01/10* Monthly Salary Classification Title SRR Minimum -Maximum Community Services Manager (MM) MM-22 $7921 - $11,189 Transit Program Manager (MM) MM-25 $8529 - $12,050 B. Designating the newly created classification titles of Community Services Manager and Transit Program Manager as Middle Management by assigning the parenthetical identifier "(MM)" after these classification titles. * Base salaries includes the four percent (4%) salary increase scheduled to become effective 7/1/10, per agreement between City Council and Middle Management classifications represented by the Santa Ana Management Association (SAMA). Section 5: That except as amended by this Resolution, all other provisions of Resolution Nos. 82-110 and 91-066, as amended, shall remain in full force and effect. Section 6: This Resolution shall be operative from and after July 1, 2010. 75A-8 ADOPTED this 7th day of June, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2010. Date: Clerk of the Council City of Santa Ana 75A-9 75A-10 REQUEST FOR COUNCIL ACTION ~.x.. CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended FISCAL YEAR 2010-11 MISCELLANEOUS FEE ? As Amended RESOLUTION ? Ordinance on 1S' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution establishing the 2010-11 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees generate revenue for the General, Internal and Enterprise Funds. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect the costs of providing these services. The FY 2010-11 Miscellaneous Fee Resolution represents these adjustments. The FY 2010-2011 Miscellaneous Fee Schedule includes the establishment of twelve new fees. These include Fire Department access lane parking citation, digital media reproduction fees, recreation reservation fees, rental of city facilities, vehicle citation sign-off, and self-nomination of properties to the Santa Ana register of historical properties fee. In addition, the fee schedule includes the motor vehicle incident mitigation fee and the public dance establishment extraordinary Police service fee which are subject to City Council approval of implementing ordinance at a later time. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $2.3 million in general, internal and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: Francesco Gutierrez Executive Director Finance & Management Services Agency 75A-11 75A-12 Iss05/10/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2010-2011 AND REPEALING IN PART RESOLUTION NO. 2009-030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2010-2011 and is attached to this resolution and made a part hereof by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2010-2011, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that new charges should be added or existing charges raised. Such charges are listed in the `Proposed New Miscellaneous Fees' and `Proposal to Modify Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. E. In order to have a single comprehensive document for Fiscal Year 2010 - 2011,the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. Resolution No. 2010-XXX 75A-13 Page 1 of 3 F. As to the City's Motor Vehicle Incident Mitigation Fee, the Council further finds, declares and determines: 1. This fee will be collected from motor vehicle operators who are responsible for an incident requiring scene stabilization and hazardous materials assessment and cleanup. 2. This fee will be applied to partially reimburse the City for the staff time and material costs to respond to motor vehicle incidents involving the potential release of hazardous materials 3. This fee will not be implemented or collected until the Council adopts an ordinance authorizing the collection of a Motor Vehicle Incident Mitigation Fee. G. As to the Public Dance Establishments -Extraordinary Calls for Services Fee, the Council further finds determines and declares: 1. This fee will be collected from persons seeking a dance hall permit to cover the extraordinary police response costs that are associated with establishments holding Dance Permits. 2. This fee will not be implemented or collected until the Council adopts an ordinance authorizing the collection of a fee for extraordinary police services in relation to the issuance of a Public Dance Establishment Permit. H. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above-specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2010-2011 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2009-030 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2009-030 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining Resolution No. 2010-XXX 75A-14 Page 2 of 3 portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: That this Resolution shall be operative from and after July 1, 2010, however, those fees that are pending City Council approval of authorizing ordinances shall not be imposed or collected until the City Council adopts the implementing ordinance. ADOPTED this day of June, 2010. Miguel A. Pulido Mayor 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, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-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. 2010-XXX 75A-15 Page 3 of 3 75A-16 II!!!''' h A r, µµa 1~4 if Yr N ^~T ~ ~ ~ . '~I, y. ro ose ~ sce a n eo u s ees c e u e ~ ounce ee ~n une 4 ~ II I I~ I I 11 1 l '4 1 f~ , ~ IY ii m it ~ I v. IIk ~ 9 'ii~~~~ ~1 Hr r+ f~ m ifi' n~ I ~ imUr/ ~~Y ~ a n 'h i~ ~ a I~ II U ~u " Illlllllm ~ 9i1~ ~ m J ~o ~ r r ~ ~I i 4 l If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: SECTION REPRESENTATIVE PHONE All Departments Budget Office 647-5420 Clerk of the Council Maria D. Huizar 647-6520 Finance & Management Services Christine Duarte 647-5440 Fire Department Lorl Smith 647-5700 Police Department Chris Laugenour 245-8115 Public Works Agency Teri Cable 647-5658 Library Services Silvia Cuevas 647-5254 Parks, Recreation & Community Services Robert Carroll 571-4218 Community Development Agency Nancy Edwards 667-2244 Planning & Building Agency Budget Office 647-5420 If you have any questions regarding the Miscellaneous Fee Process, please contact the Budget Office at 647-5420. TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 II CLERK OF THE COUNCIL 4 III COMMUNITY DEVELOPMENT AGENCY 5 N FINANCE & MANAGEMENT SERVICES 6 V FIRE DEPARTMENT 7 VI LIBRARY 16 VII PARKS, RECREATION & COMMUNITY SERVICES 18 VIII & IX PLANNING & BUILDING AGENCY 26 X POLICE 51 XI PUBLIC WORKS 59 Appendix Summary of New and Modified Fees 67 75A-19 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Certification -Any Public Record Each 2.80 2.80 Certification (Excluding Public Records) Each 2.10 2.10 Copy of Public Records (from Paper, Fax, Microfilm, or Other Media) In General (excluding Police Accident Reports) Size up to 8112" x 14" Each Page 0.20 0.20 Oversized (larger than 8112" x 14") Each Page Actual Cost Actual Cost Postage Charges Each Actual Cost Actual Cost Subpoena Duces Tecum - same as above general fees plus the following: Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and preparing documents Hour 16.48 16.48 Quarter hour or fraction thereof 4.10 4.10 Charges paid to a third person for retrieval and return of records held by that third person Each Actual Cost Actual Cost Witness Fees Per Day 155.50 155.50 Mileage Fees Each Applicable Cost Applicable Cost NOTE: Copies of maps, documents, graphs, or special work may be furnished upon the payment of the cost of printing and preparation. In cases where a regular established price is unavailable, the Department Head, in collaboration with the Executive Director of Finance & Management Services, may establish a price consistent with the cost of printing and preparation thereof. The Executive Director of Finance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to the City Council as required to keep rates consistent with costs. Government agencies and their official representative(s) shall be exempt from paying theses charges for single copies for official use. Preparation of Administrative Records Deposit to be applied to copy charges of $0.20 per page. Flat Rate 105.00 105.00 Subscriptions Agenda only: Council Annual 72.00 72.00 Boards/Commissions Annual 36.00 36.00 Minutes only: Council Annual 72.00 72.00 Boards/Commissions Annual 36.00 36.00 Agenda & Minutes: Council Annual 144.00 144.00 Boards/Commissions Annual 72.00 72.00 City Council Agenda and Minutes can be obtained at no charge from the City's Internet website at www.santa-ana.or~~ Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Municipal Code Corporation at 1-800-262-2633) Council ChamberslRoom 147 Rental Fee Per Hour 16.00 16.00 SecuritylCleaningDeposIt (Refundable) Deposit 103.00 103.00 1 RESOLUTION 2010 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Building Rental Fees Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not-for-profit civic, social, and religious organizations. Group 3 Nonresident not-for-profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for-profit organizations. Group 5 Nonresident commercial, business, and for-profit organizations. Facility Gronp 1 Gronp 2 Group 3 Group 4 Group 5 Police Facility Community Room Up to 3 hours N/C 135.00 270.00 187.00 390.00 Each additional hour N/C 43.00 87.00 62.00 130.00 Cleaning Deposit (may be refundable) 208.00 208.00 208.00 208.00 208.00 The Depot Lobby Per Hour N/C 168.00 223.50 168.00 279.00 Lobby Cleaning Deposit 200.00 200.00 200.00 200.00 200.00 The Depot Courtyard Per Hour NC 55.50 83.00 55.50 111.00 Courtyard Cleaning Deposit 100.00 100.00 100.00 100.00 100.00 The Depot Meeting Room Up to 3 Hours N/C 72.00 145.00 100.00 211.00 Each Add. Hour N/C 16.50 27.50 21.50 44.00 Library Room Rental per Hour Meeting Room N/C 15.00 29.00 21.00 42.00 Kitchenette (Optional) N/C 7.00 15.00 10.00 16.00 The Library has meeting rooms available for a fee at the Central Library and Newhope Libraries. City-sponsored activities will receive booking priority. All events must be open to the general public at no charge. Lawn Bowling Clubhouse N/C 52.02 104.04 74.68 155.03 Southwest Sr. Center California Room N/C 92.71 155.55 104.04 186.45 Dining Room N/C 30.90 49.45 37.09 74.69 Kitchen N/C 24.72 37.09 30.90 49.45 Conference Room N/C 30.90 49.45 37.09 74.69 Santa Ana Sr. Center Main Room N/C 92.71 155.55 104.04 186.45 Dining Room N/C 30.90 49.45 37.09 74.69 Kitchen N/C 24.72 37.09 30.90 49.45 Classroom N/C 17.00 34.00 24.72 49.45 2 7 RESOLUTION 2010 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Facility Group 1 Group 2 Group 3 Group 4 Group 5 Salgado Communi . Center Meeting Room A N/C 34.00 69.02 49.45 99.40 Meeting Room B N/C 17.00 33.99 24.72 49.44 Kitchen N/C 12.88 25.75 18.03 37.09 Gymnasium N/C 64.90 129.79 92.71 186.45 Jerome Recreation Center Social Hall N/C 17.00 34.00 24.72 49.45 Class Room N/C 17.00 34.00 24.72 49.45 Kitchen N/C 12.88 25.75 18.03 37.09 Gymnasium Existing Fee: N/C 29.87 60.77 43.26 87.05 Proposed Fee: N/C 63.00 126.00 90.00 181.00 El Salvador Center Social Hall N/C 17.00 34.00 24.72 49.45 Class Room N/C 17.00 34.00 24.72 49.45 Kitchen N/C 12.88 25.75 18.03 37.09 Memorial Center Social Hall N/C 17.00 34.00 24.72 49.45 Class Room N/C 17.00 34.00 24.72 49.45 Lo C. N/C 8.75 17.00 12.36 18.03 Corbin Center (der roomy N/C 17.00 34.00 24.72 49.45 Hector Godinez High School Class Room N/C 29.36 47.39 35.54 71.08 Meeting Room N/C 32.45 65.93 47.39 94.76 Performing Arts Facility N/C 88.59 148.33 99.40 177.69 Band Room N/C 49.44 99.40 71.08 147.82 Gymnasium N/C 62.33 124.12 88.59 177.69 See SECTION VII for surcharges Santiago Wildlife and Watershed Center Class Room N/C 41.20 68.81 46.15 82.41 Stadium Concession Building N/C 52.02 104.04 74.68 155.03 3 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION II CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps See Public Works Agency Geographical Information Systems (GIS) Maps 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 51.00 51.00 57070 City Charter Over the Counter Per Unit 13.00 13.00 Mailed Requested Per Unit 16.50 16.50 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.20 Specially Reproduced Copies (e.g floppy disks) Each Page Actual Cost Actual Cost 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00 Copy Charge for Statements Per Record 0.10 0.10 57070 Tapes of Council Meetings Audiotapes Per Meeting 37.00 37.00 Videotapes Per Meeting 37.00 37.00 DVD's Per Meeting 5.00 5.00 (order video tapes and DVD's directly by calling Parks, Recreation and Community Services at (714) 571-4200) 57070 Hearings Chapter 3 Appeal Hearing Deposit (Balance Refundable) Per Request 112.00 112.00 Processing Fee Per Request 38.00 38.00 Labor Charges Per Hour 38.00 38.00 4 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION III COMMUNITY DEVELOPMENT AGENCY 57018002-57991 Enterprize Zone Hiring Tax Credit Application Processing Fee Per Application 90.00 90.00 Density Bonus Setup Fee 118 of 1% 118 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge 5 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 51002 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on Ol/06/03 (Reno. No 2003-004) Program administered by Police Department County of Orange proposed fees, subject to change pending County approval CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual `Altered (Neutered or Spayed) Each Dog~"~ 24.00 24.00 `Unaltered Each Dog~"~ 100.00 100.00 Replacement of Tag Each~"~ 2.50 2.50 `Senior Citizen (65 or older) One discount per household. Animal must be Each~"~ 12.00 12.00 spayed/neutered. `Late License Penalty (after 30 days) Each~"~ 41.00 41.00 `Puppy License (12 month license for dogs under 6 months) Each Dog~"~ 24.00 24.00 51001 Bingo License Fee Each 50.00 50.00 CA Penal Code Sec. 326.5 sets this fee at $50.00 per annum. 53902 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 33.27 33.27 Mailed Each 40.99 40.99 53902 Finance -Record Abstract Certified Each 17.29 17.29 Uncertified Each 11.06 11.06 53902 Finance -Parking Violations Abstract Each 15.45 15.45 53902 Finance -Records Research Fee (Minimum 1 hour) Per Hour 42.97 42.97 50045 Monthly New Business License List Each 17.29 17.29 50045 Business License Tax Collection Fee Each Field Collection 49.75 49.75 53900 Credit Card Processing Fee Per Transaction 3.54 3.54 57900 Return Payment Fee Each 25.00 25.00 53900 Electronic Fund Transfer Transaction Fee Each 3.54 3.54 53901 Stop Payment/Reissue Fee Each 10.30 10.30 6017002 Water Turn On Charge 53716 After hours Each 127.58 127.58 53715 Consumption OnlOff Meter Charge Each 50.95 50.95 53715 Delinquent Account Charge Each 25.00 25.00 53715 Reconnect Charge Each 50.95 50.95 53715 Off for Bad Check Each 50.95 50.95 53717 Tag Fee (Upon affixing) Each 10.99 10.99 53714 Investigation/Re-read Meter Each 10.99 10.99 57000 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost Actual Cost 57000 Copy of City Annual Budget Each Actual Cost Actual Cost 50035 UUT Max Tax Processing Fee Per refund, Maximum 206.02 206.02 There is a maximum fee charge of $206.02 per refund, or a X40.00 per hour charge for review & processing, whichever is less. 6 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 53503 False Alarms (Santa Ana Municipal Code 14-38 ) System Malfunctions Each 122.00 122.00 Deliberate Act Each 217.00 217.00 NOTE: Sustem Malfunction -One allowed in 30 days; Two in 90 days; Three allowed in any 12 month period. 55404 Fire Access Lane Parking Citation SAMC 14-25 Each 0.00 116.00 51503 Fire Code Permit Fee Section L Fire Code Permits for Specific Hazards, Renewable Annually or per Event: Aerosol Products Fee 128.75 128.75 Aircraft Refueling Vehicles Fee 128.75 128.75 Aircraft Repair Hanger Fee 128.75 128.75 Asbestos Removal Fee 128.75 128.75 Assembly (See "Places of Assembly") Automotive Wrecking Yard Fee 128.75 128.75 Battery System Fee 128.75 128.75 Cellulose Nitrate Film Fee 128.75 128.75 Cellulose Nitrate Storage Fee 128.75 128.75 Combustible Fiber Storage Fee 128.75 128.75 Combustible Material Storage Fee 128.75 128.75 Compressed Gases-Medical Oxygen Fee 128.75 128.75 Commercial Rubbish-Handling Operation Fee 128.75 128.75 Dry Cleaning Plants Fee 128.75 128.75 Dust-Producing Operations Fee 128.75 128.75 Explosives or Blasting Agents Fee 128.75 128.75 Flammable or Combustible Liquids; 1 Class I liquids, inside storage, Fee 128.75 128.75 more than 5 gallons, but less than 55 gallons. 2 Class I liquids, outside storage, more than 10 gallons, Fee 128.75 128.75 but less than 55 gallons. 3 Class II and Class III-A liquids, inside storage, Fee 128.75 128.75 more than 25 gallons, but less than 55 gallons. Fruit Ripening Fee 128.75 128.75 Fumigation or Thermal Insecticidal Fogging Fee 128.75 128.75 High-Piled Combustible Storage Fee 128.75 128.75 Hot-Work Operations Fee 128.75 128.75 Lumber Yards Fee 128.75 128.75 Magnesium Working Fee 128.75 128.75 Organic Coating Fee 128.75 128.75 Ovens, Industrial Baking or Drying Fee 128.75 128.75 Places of Assembly A-l, Facility used for media arts Fee 279.50 279.50 A-2, Facility used for food/drink consumption Fee 279.50 279.50 A-3, Facility used for worship, recreation, or amusement Fee 139.00 139.00 A-4, Facility used for viewing indoor activities Fee 279.50 279.50 A-5, Facility used for viewing outdoor activities Fee 279.50 279.50 Refrigeration Equipment Fee 128.75 128.75 Repair Garages Fee 128.75 128.75 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT Spraying or Dipping Fee 128.75 128.75 Tents, Canopies and Temporary Membrane Structures See Section II "Special Permits" Tire Storage Fee 128.75 128.75 Wood Products Fee 128.75 128.75 Section IL Special Permits: Carnivals, Fairs and Outdoor Assemblies Per Event 59.75 59.75 Christmas Tree Lots Per Lot 59.75 59.75 Fireworks, Special Events, Pyrotechnic and Open Flame Devices Per Day 82.25 82.25 Mall, Covered Per Event 59.75 59.75 Occupant Load Increase Per Event 59.75 59.75 Parade Floats Per Event 59.75 59.75 Pumpkin Patch Lot Per Lot 59.75 59.75 Special Activities Permit Per Event 59.75 59.75 Liquefied Petroleum Gas Tank Fee 128.75 128.75 Tents, Canopies and Temporary Membrane Structures Per TentlEvent 128.75 128.75 Additional Canopies Each 59.75 59.75 Above Ground Tanks Fee 217.00 217.00 Special Fire Inspections Fee 106.00 106.00 Additional Fire Inspections Fee 106.00 106.00 Alternative Materials/Methods Request Per Request 224.00 224.00 53505 Fire Incident Reports Per Report (20 pages or less) Each 15.75 15.75 Additional charge per page in excess of twenty (20) pages in length Each 0.50 0.50 Color printed reports or photographs Per page 1.00 1.00 53505 Fire Incident Report/Photographs on Computer Disc (CD) Each 0.00 20.00 Reports and photographs in a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) 'Minimum one (1) hour Per Hour` 100.00 100.00 53505 Fire Inspection Reports 1st Page 3.00 3.00 Up to 8112" X 14" in size Add'1 Page 0.50 0.50 53505 Fire Code and Fire Code Standard Copies 1st Page 3.00 3.00 Up to 8112" X 14" in size Add'1 Page 0.50 0.50 51501 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 368.75 368.75 Cleanup Deposit Bond (Refundable) Per Stand 166.75 166.75 53505 Shoulder Patches (Only to Bona fide Collectors) Each 14.25 14.25 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 53505 Division Identification Chevrons (Only to Bona fide Collectors) Each 6.50 6.50 53509 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 251.50 251.50 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 403.25 403.25 53509 Emergency Medical Assessment N/A 133.75 133.75 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 70.50 70.50 53402 Paramedic Subscription Fee Per HouseholdBusiness Location Annual 48.00 48.00 53509 Emergency Base RatelTransportation (in Fire Dept-owned vehicle) Per Transported Patient Each 565.00 565.00 53509 Mileage Per Transport Per Transport Mile Per Transported Patient Each 15.00 15.00 53509 Additional Personnel Used in Transport Each 37.54 37.54 57590 Care Facility Inspection Fee 25 or Fewer Occupants Per Facility 83.25 83.25 26 or More Occupants Per Facility 161.50 161.50 57501 Stand By Fire Inspectors Fire Inspector 'Four (4) Hour Minimum `Per Hour 60.75 60.75 Supervisor 'Four (4) Hour Minimum `Per Hour 83.25 83.25 NOTE: Standby Fire Inspectors are required for public reworks displays, some unusual types of public assembly events and by some motion picture studios~lming on location. An unusual event that would require more than two (2) inspectors would also require a Supervisor. After business hours and weekend inspections also require a Supervisor. 51502 Site Environmental Assessment File Review Per Address 78.25 78.25 53504 Haz-Mat Cost Recovery Flat Fee (Plus additional costs) Noncommercial Vehicle Accident Per Accident 161.50 161.50 Additional Costs Per Hour or fraction of hour, Per Each Fire Company Per Accident 295.50 295.50 53512 Motor Vehicle Incident Mitigation Fees (Subject to Council approval of the program) Level 1-Scene stabilization and hazardous material assesment. Per Hour 0.00 240.00 Single Engine or Truck company. Level 2 -Level 1 plus cleanup and disposal of any of gasoline Per Hour 0.00 480.00 and/or automotive fluids by Hazardous Materials Transport Unit. RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT Level 3 -Freeway traffic accident response, advanced scene stabilization Per Hour 0.00 720.00 and hazardous materials assessment. Typical of two Engine companies and/or Truck companies. 53502 Risk Management and Prevention Program 1st Eight (8) Hours 851.25 851.25 Each Hour or Fraction OVER Eight (8) Hours 83.25 83.25 53500 Fire Department Annual Inspection: 0-2,500 square feet 47.75 47.75 2,501- 5,000 square feet 71.50 71.50 5,001-10,000 square feet 122.00 122.00 10,000- over 245.00 245.00 ABOVE & UNDERGROUND STORAGE TANKFEES 51502 Annual Tank Fees Each 403.00 403.00 (includes tanks not currently in use) Officially Abandoned Tanks 51502 Installation of New Underground Tanks: Flammable Liquids 1-3 Tanks 783.75 783.75 Each Add'1 Tank 234.75 234.75 Hazardous Chemicals Each Tank 313.00 313.00 Includes Plan Check, Resubmittals & Field Inspections (working hours) 51502 Above Ground Storage Tank Plan Review Per Tank 189.50 189.50 51502 Systems Modificationslupgrades Per Hour 116.75 116.75 51502 Miscellaneous Inspections Drafting Per Visit 116.75 116.75 Monitoring Certification Per Visit 116.75 116.75 Testing Product Lines Separately Per Visit 116.75 116.75 Unauthorized Releases Per Hour 116.75 116.75 51502 Underground Storage Fees Tank Removal Tank Removal 1-3 Tanks 627.25 627.25 Each Additional Tank Per Tank 139.00 139.00 Field Inspection First three (3) hours Hour Each Additional hour or fraction Add'1 Hour 116.75 116.75 51502 Inspection(s) Required Due to Leaks or Unauthorized Releases Inspection Per Hour Hour 116.75 116.75 Each Additional hour or fraction Add'1 Hour 116.75 116.75 51502 Underground Storage Tank Regulations and Procedures Book Each 5.15 5.15 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 51502 Site RemediationlPlanGheck First 3 hours Hour 274.50 274.50 Each additional hour or fraction Add'1 Hour 116.75 116.75 51502 Overtime Inspectors Inspection Hour 234.75 234.75 Minimum of (3) hours Hour 705.50 705.50 (Includes after 5 p.m. and weekends) 53502 HAZARDOUS MATERIALS RELEASE RESPONSE PLANS & INVENTORIES RANGE DETERMINATION Each business in the City of Santa Ana which is required to submit a business plan and/or inventory pursuant to Health & Safety Code, Chapter 6.95 of Division 20 , shall be assigned a range consisting of a'~ange number" and a "range letter" as follows: Range Numbers shall be based on the maximum quantity Range Letters shall be based upon the total number of all hazardous materials present on the business premises at of hazardous substances or waste categories listed on the any time in accordance with the following schedule: inventory of the business submitted to the City as follows: Range Gases Liquids Solids Range Number of Number Cubic Feet Gallons Pounds Letter Materials Listed 1 200 to 1,000 55 to 1,000 500 to 1,000 A 1- 2 2 1,001 to 5,000 1,001 to 5,000 1,001 to 5,000 B 3 - 5 3 5,001 to 10,000 5,001 to 10,000 5,001 to 10,000 C 6 - 9 4 Over 10,000 Over 10,000 Over 10,000 D 10 - 20 E Over 20 The range-numbers of gases, liquids and solids on the business premises shall be computed separately, and the highest range-number in any of the three categories shall be the range-number of the business. FEE SCHEDULE 53502 Each submission of a business plan (as defined in health and Safety Code Section 25501) and each certification provided pursuant to Health and Safety Code Section 25505 (c) and each submission of an annual inventory pursuant to Health and Safety Code Section 25505 (d) (other than inventories which are submitted as part of a business plan or certification) shall be accompanied by a fee based upon the "range" of the subject business in accordance with the following schedule: RANGE 1-A 330.15 330.15 1-B 386.25 386.25 1-C 436.25 436.25 1-D 660.25 660.25 1-E 1,098.00 1,098.00 2-A 363.50 363.50 2-B 492.25 492.25 2-C 549.00 549.00 2-D 773.00 773.00 2-E 1,215.00 1,215.00 3-A 792.25 792.25 3-B 542.75 542.75 3-C 773.00 773.00 3-D 991.00 991.00 3-E 1,439.00 1,439.00 4-A 744.25 744.25 4-B 789.00 789.00 4-C 907.00 907.00 4-D 1,265.50 1,265.50 4-E 1,635.75 1,635.75 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT SERVICE STATIONS 53502 Flat Fee 122.00 122.00 Additional Costs: Add up the quantities of all the various chemicals (or materials) in each of the three categories in each of the three categories (gallons, cubic feet, pounds). Use the highest quantity of chemicals (or materials) listed to determine the number range (1,2,3 Count the number of chemicals (or materials) listed to determine the appropriate range-letter (A, B, C...). Using the combined Range figures (Number and Letter, l-A, 2-C, etc. to determine the correct fee from the schedule). 53503 Late Filing Fee The Fire Chief shall impose a late filing penalty based on additional administrative costs incurred due to the late filing of any business plan, certification, or inventory. The amount of such penalty shall be 25% of the fee for such filing. Nonpayment of the fee and penalty shall incur 10% interest on the amount of the billing starting 30 days after the date issued. 53503 ADMINISTRATIVE PENALTY FEE SCHEDULE Administrative PenaltylCitationFee as indicated in the Health & Safety Code, as indicated in section 25514.5. These penalties are set in an escalating tiered manner. The Health & Safety Code "class II" violation is the Fire Department's "1st Administrative Citation." The "claass I" violation is the Fire Deparment's "2nd Adminsstrative Citation." Each penalty in either "class" is for each day the violation(s) occurs. The "new" fees are due to changes in the California Health & Safety Code. The citations listed below shall be issued for the following violations on a per day basis: 1. Failure to electronically submit annual certification by specified date. Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 2. H&S Code Section 25503.5 Failure to establish and or implement a Business Emergency Plan Class II Per day 392.50 2,000.00 Class I Per day 392.50 5,000.00 3. H&S Code Section 25504 Failure to provide a complete Business Plan Class II Per day 235.75 2,000.00 Class I Per day 235.75 5,000.00 4. H&S Section 25504a & 25509 Failure to complete annual inventory forms. Class II Per day 235.75 2,000.00 Class I Per day 235.75 5,000.00 5. H&S Code Section 25504 Emergency Response Plan absent or incomplete Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 6. H&S Code Section 25504c Employee training program is inadequate Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 7. H&S Code Section 25505 Failure to submit Business Emergency Plan Class II Per day 235.75 2,000.00 Class I Per day 235.75 5,000.00 8. H&S Code Section 25505c Failure to review and or update Business Emergency Plan Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 9. H&S Code Section 255054 Failure to annually submit Hazardous Materials Inventory form Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 10. Failure to immediately report a release or threatened release Class I (only) Per day 0.00 5,000.00 11. H&S Code Section 25509a5 Site Map is incomplete or insufficient Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 12. H&S Code Section 25510 Business OwnerlOperator information is incomplete or needs updating Class II Per day 235.75 2,000.00 Class I Per day 235.75 5,000.00 13. H&S Code Section 25510 Failure to update Hazardous Materials inventory Class II Per day 235.75 2,000.00 Class I Per day 235.75 5,000.00 14. H&S Code Section 25509a7 Failure to provide name, title and 24hr. Phone number of emergency contact Class II Per day 0.00 2,000.00 Class I Per day 0.00 5,000.00 53509 Disposable Medical Supplies AIRWAY OXYGEN SUCTION Airway Bridge Each 25.73 25.73 Airway - Combitube, holder Each 103.80 103.80 Airway - ET Kit, Slick set, holder, laryngoscope blade, Per Patient 44.82 44.82 eye protection, N-95 mask Airway Nasal Each 30.61 30.61 Airway Oral Each 2.63 2.63 Ambu. Bag, Adult, Pediatric, Infant Each 60.16 60.16 "Cook Kit" (thoracostomy set) Each 160.85 160.85 Mask -Resuscitator Each 18.87 18.87 Mask -Non-rebreather-oxygen Each 3.81 3.81 Nasal cannula Each 3.38 3.38 Nebulizer Each 4.34 4.34 Oxygen Per Patient 71.90 71.90 Suction Kit -Manual or electric V-vac, cannister, catheters, yankauer, bulb, feeding tube Per Patient 28.26 28.26 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT CARDIAC MONITOR/ DEFIBRILLATION Monitor -electrodes Per Patient 27.08 27.08 Defibrillation gel Per Patient 4.40 4.40 Defibrillation pads Per Pair 48.26 48.26 DRESSING/ IMMOBILIZATION Minor trauma kit - Bandaid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 5.57 5.57 Major trauma kit - 4x4's, ABD pads, Kerlix, tape, petroleum dsg Per Patient 8.20 8.20 Burn pack -Burn sheet, any size burn towel, irrigation saline Per Patient 31.80 31.80 Cold pack Each 2.84 2.84 Gloves Per Pair 1.56 1.56 Hip wrap (disposable hip splint) Each 32.17 32.17 Restraint (limb restraint) Each 2.84 2.84 Spinal Immobilization -backboard, cervical collar, StaBlock, tap Per Patient 41.23 41.23 Splint - air or cardboard Each 12.87 12.87 Vacuum Splint Each 12.88 12.88 IV ADMINISTRATION Armboard Each 5.57 5.57 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 12.38 12.38 IV Solution - 250cc Saline, tubing Each 14.10 14.10 IV Solution -1000cc Saline, tubing Each 15.28 15.28 Needles -disposable Each 1.39 1.39 Saline lock Each 5.10 5.10 Syringe Each 2.68 2.68 MEDICATIONS Adenosine Each 90.77 90.77 Albuterol Each 2.63 2.63 Atropine, Ampule Each 3.48 3.48 Atropine, Syringe Each 25.73 25.73 Diphenhydramine Each 9.65 9.65 Dextrose, Syringe Each 34.73 34.73 Dopamine, with drip regulator Each 64.88 64.88 Epinephrine, 1:1000 amp Each 5.25 5.25 Epinephrine, 1:1000 30cc vial Each 34.16 34.16 Epinephrine,1:10000 syringe Each 41.29 41.29 Glucagon Each 193.02 193.02 Glucose solution Each 14.69 14.69 Lidocaine Each 8.47 8.47 Morphine, amp Each 21.77 21.77 Morphine, syringe Each 28.26 28.26 Narcan, syringe Each 64.88 64.88 Narcan, vial Each 12.33 12.33 Nitro spray Each 94.10 94.10 Normal saline l Occ vial Each 2.52 2.52 Sodium Bicarb Each 41.29 41.29 Versed Each 34.73 34.73 MISCELLANEOUS SUPPLIES Linen -Disposable sheet, gurney Each 1.24 1.24 Blanket KCD Each 16.78 16.78 Blanket, quilted (disposable) Each 21.45 21.45 Communicable Disease Kit - Personalprotection pak, eye protection, vionex wipes Each 9.65 9.65 Emesis Basin -Convenience bag Each 2.14 2.14 Glucometer Strips Each 5.25 5.25 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT Irrigation Saline - SOOcc bottle Each 2.89 2.89 N 95 Mask Each 2.52 2.52 OB Kit -Disposable OB Kit, eye protection Each 50.67 50.67 12015002 53700 Fire Facilities Per Sq. Ft. of floor area 0.70 0.70 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 55200 Compact Discs - OverduelLoss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Audio books - OverduelLoss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Video Cassettes / DVDs- OverduelLoss of Use Fee Per Day 1.50 1.50 Not to exceed $15 Maximum Actual Cost's Actual Cosh 55200 Regular Books & Multi-Media Kits - OverduelLoss of Use Fee Per Day 0.25 0.25 (Includes adult books and children books) Maximum Actual Cost's Actual Cosh *Not to exceed $15 55200 Magazines - OverduelLoss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 55200 Paperbacks - OverduelLoss of Use Fee Per Day 0.25 0.25 ($10 or Actual Cost whichever is less) Maximum 53203 Compact Discs/Rental Per 2 Week 0.50 0.50 Children's Per 2 Week 0.25 0.25 53203 DVD/Video Cassettes /Rental Entertainment Per 2 Weeks 2.00 2.00 Instructional &Non-Fiction Per 2 Weeks No Charge No Charge Children's Entertainment Per 2 Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 57200 Damaged Bar Code label Per Incident 2.00 2.00 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.00 6.00 CDIDVD Pamphlet Per Incident 2.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CDIDVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per Incident 3.00 3.00 Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per Incident 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 ReservedlMail Books Homebound SA Residents 1.00 1.00 Other Santa Ana Addresses 3.00 3.00 Non-Santa Ana Addresses 4.00 4.00 57200 Newspaper Search Fee Per Search 20.00 20.00 16 7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 57200 Computer Rental Per Hour 5.00 5.00 53200 Nonresident Library Card Fee Per Card 45.00 45.00 Nonresident Library Card for Employees of Santa Ana Businesses Per CardlYear 30.00 30.00 One Day Library Pass Per Day 15.00 15.00 53201 Passport Execution Fee Per Application 25.00 25.00 Digital Services Photograph Request -Non-Commercial Use jpeg images from online catalog for personal use Per Image Free Free Tiff files/prints from existing scan Per Image 5.00 5.00 Image from previously unscanned material Per Image 15.00 15.00 Image for Commercial Use Per Image 25.00 25.00 Compact Disc Fee Per Disc 1.00 1.00 57200 Interlibrary Loan Fee Per Request 5.00 5.00 l~ RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groups for which at least 51 % of participants either live or work in the City of Santa Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions. The announcement of same will be made by printed fliers or in the quarterly program booklet mailed to each residence in the City. Programs so offered will be conducted in a 4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services. The City of Santa Ana will receive 30% of the total fees collected from each of these leisure or instructional classes. STAFF FEES 53319 Park Facilities/Reservation/Supervision (Mandatory) Resident/Non-Resident Per Hour 19.99 19.99 53319 Park Ranger/Security Per Hour 52.52 52.52 TBD Rate for all other Services, Labor, Material, Lost or Damaged Equipment City's Cost City's Cost DAYCAMPING 53308 Day Camp 5 days + T-shirt Resident Each 66.61 66.61 Non-Resident Each 99.92 99.92 Additional T Shirt Each 6.66 6.66 53308 Day Camping (6 hrs min.) Groups to 50 Resident Per Day 19.99 19.99 Non-Resident Per Day 26.65 26.65 53308 Day Camping (6 hrs min.) Groups to 51-100 Resident Per Day 26.65 26.65 Non-Resident Per Day 39.97 39.97 53308 Day Camping (6 hrs min.) Groups Over 100 Resident Per Day 39.97 39.97 Non-Resident Per Day 59.95 59.95 PICNIC AREAS 53308 Picnic Areas (4 hr. min) Groups to 50 Resident Per Hour 7.99 7.99 Non-Resident Per Hour 15.99 15.99 53308 Picnic Areas (4 hr. min) Groups to 51-100 Resident Per Hour 11.99 11.99 Non-Resident Per Hour 18.65 18.65 53308 Picnic Areas (4 hr. min) Groups to 100-200 Resident Per Hour 17.32 17.32 1g RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Non-Resident Per Hour 26.65 26.65 53308 Picnic Areas (4 hr. min) Groups Over 200 Resident Per Hour 22.65 22.65 Non-Resident Per Hour 39.97 39.97 SNOWMOBILES AND OTHER EQUIPMENT 53308 Show Mobile, Portable Stage, Mobile Bleacher Standard Commercial Rentals Per Day 333.07 333.07 Schools, Non-profit, Government Per Day 173.19 173.19 Professional Commercial Rentals Per Day 384.30 384.30 Schools, Non-profit, Government Per Day 192.15 192.15 Supervision Cost (Mandatory) Per Hour 33.31 33.31 Mobile Bleacher ~ 4 Hour Minimum Per Hours 33.31 33.31 Mobile Bleacher Additional Hour Per Hour 26.65 26.65 53308 Dunk Tank Rental Per Day 66.61 66.61 Set-uplTake down Per Reservation 64.05 64.05 53308 Events Trailer -Tables and Chairs Tables Per Table/Day 10.00 10.00 Chairs Per Chair/Day 1.50 1.50 ATHLETIC FIELDS AND FACILITIES 53308 Multi-Purpose Field Fees Adult Non- Resident/ Profit Per Hour 24.43 24.43 Adult Non- Resident/Non-Profit Per Hour 21.38 21.38 Adult Resident/ Profit Per Hour 15.27 15.27 Adult Resident/ Non-Profit Per Hour 12.21 12.21 53307 Youth Non-Resident/ Profit Per Hour 8.89 8.89 Youth Non-Resident/Non-Profit Per Hour 5.93 5.93 Youth Resident/ Prot Per Hour 2.97 2.97 Youth Resident/ Non-Profit Per Hour 1.47 1.47 53308 Multi-Purpose Court Fees Adult Non- Resl Profit Per Hour 12.21 12.21 Adult Non- Res/Non-Profit Per Hour 10.69 10.69 53307 Adult Resident/Profit Per Hour 7.64 7.64 Adult Resident/ Non-Profit Per Hour 6.11 6.11 Youth Non-Resident/Profit Per Hour 4.58 4.58 Youth Non-Resident/Non-Profit Per Hour 3.06 3.06 19 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Youth Resident/ Profit Per Hour 1.52 1.52 Youth Resident/ Non-Profit Per Hour 0.73 0.73 53308 DYSC Reservation Fee- No Admission Adult Non- Resident/ Profit Per Hour 67.66 67.66 Adult Non- Resident/Non-Profit Per Hour 59.21 59.21 Adult Resident/ Profit Per Hour 42.29 42.29 Adult Resident/ Non-Profit Per Hour 33.83 33.83 53307 Youth Non-Resident/ Profit Per Hour 24.63 24.63 Youth Non-Resident/Non-Profit Per Hour 16.43 16.43 Youth Resident/ Profit Per Hour 8.21 8.21 Youth Resident/ Non-Profit Per Hour 3.94 3.94 53308 DYSC Reservation Fee- Admission Adult Non- Resident/ Profit Per Hour 96.68 96.68 Adult Non- Resident/Non-Profit Per Hour 84.60 84.60 Adult Resident/ Profit Per Hour 60.43 60.43 Adult Resident/ Non-Profit Per Hour 48.34 48.34 53307 Youth Non-Resident/ Profit Per Hour N/A N/A Youth Non-Resident/Non-Profit Per Hour N/A N/A Youth Resident/ Prot Per Hour N/A N/A Youth Resident/ Non-Profit Per Hour N/A N/A DYSC Synthetic Turf Youth Field 13518783-69011 Adult Non-Resident/ Profit Per Hour N/A N/A Adult Non- Resident/Non-Profit Per Hour N/A N/A Adult Resident/ Profit Per Hour N/A N/A Adult Resident/ Non-Profit Per Hour N/A N/A Youth Non-Resident/Profit Per Hour 24.63 24.63 Youth Non-Resident/Non-Profit Per Hour 16.43 16.43 Youth Resident/ Profit Per Hour 8.21 8.21 Youth Resident/ Non-Profit Per Hour 3.94 3.94 53308 Athletic Facility Lights Adult Non- Resident/ Profit Per Hour 40.00 44.00 Adult Non- Resident/Non-Profit Per Hour 35.00 39.00 Adult Resident/ Profit Per Hour 25.00 29.00 Adult Resident/ Non-Profit Per Hour 20.00 24.00 53307 Youth Non-Resident/ Profit Per Hour 10.57 10.57 Youth Non-Resident/Non-Profit Per Hour 7.04 7.04 Youth Resident/ Prot Per Hour 3.52 3.52 Youth Resident/ Non-Profit Per Hour 1.69 1.69 20 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53308 Reservation Cancellation/Transfer Fee Per Reservation NA 15.00 53308 Reservation No-Show Fee Per Reservation NA 25.00 53308 Reservation Permit Processing Fee Per Annual Permit NA 25.00 53308 Portable Restroom Fee Per Hour NA 2.76 SANTA ANA STADIUM 57362 Stadium Sporting Event (12-14 Hours) Fee Adult Non-Resident/ Profit Per Day 1,353.43 1,353.43 Adult Non- Resident/Non-Profit Per Day 1,184.24 1,184.24 Adult Resident/ Profit Per Day 845.89 845.89 Adult Resident/ Non-Profit Per Day 676.71 676.71 Youth Non-Resident/Profit Per Day 492.71 492.71 Youth Non-Resident/Non-Profit Per Day 328.47 328.47 Youth Resident/ Profit Per Day 164.24 164.24 Youth Resident/ Non-Profit Per Day 78.88 78.88 57362 Stadium Sporting Events Fee Adult Non-Resident/ Profit Per Hour 113.24 113.24 Adult Non- Resident/Non-Profit Per Hour 99.08 99.08 Adult Resident/ Profit Per Hour 70.77 70.77 Adult Resident/ Non-Profit Per Hour 56.62 56.62 Youth Non-Resident/Profit Per Hour 41.22 41.22 Youth Non-Resident/Non-Profit Per Hour 27.48 27.48 Youth Resident/ Prot Per Hour 13.74 13.74 Youth Resident/ Non-Profit Per Hour 6.60 6.60 57362 Local high schools and colleges + Security Flat Fee Per Day 1,398.88 1,398.88 57362 Playoff Games + Security Colleges, Universities, League or Conference Playoff Games for NCAA, ETC. Flat Fee plus security Per Day 1,731.95 1,731.95 Stadium Concession Building (see SECTION I) 21 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 57362 Commercial EventslAdmin. 7500 and over Both Grandstands Per Day 10,815.93 10,815.93 West Grandstand Only Per Day 5,407.96 5,407.96 West Grandstand and Field Level Seating Per Day 8,111.95 8,111.95 Both Grand stands and Field Level Seating Per Day 16,223.89 16,223.89 57362 Commercial EventslExtra Day Move-in, if available: Flat Fee Per Day 1,065.81 1,065.81 57362 Events/Solicit Donations No admission charge Per Day 3,796.96 3,796.96 57362 Santa Ana Stadium/Filming Fee One to Two Days Per Day 2,198.24 2,198.24 Three or more consecutive days Per Day 1,931.79 1,931.79 57362 Santa Ana Stadium -Television Rights Per Event 664.41 to 3,331.55 664.41 to 3,331.55 57362 Santa Ana Stadium Graphics Operator Per hour 77.26 77.26 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group 1 Per Day N/C N/C Group 2 Per Day 41.20 41.20 Group 3 Per Day 51.51 51.51 Group 4 Per Day 61.81 61.81 Group 5 Per Day 82.41 82.41 See SECTION I, All Departments, Building Rental Fees, for group descriptions AQUATICS 53304 General Admin. Adult-Pools Fee 2.00 2.00 53304 General Admin. Child-Pools Fee 1.00 1.00 53304 Swim Lessons -Two Week Session Child Per Child 33.68 33.68 Adult Per Adult 39.30 39.30 53304 Swim Lessons: Non-Profits for Red Cross Certification Minimum 10 children with 1 adult Per Child 13.68 13.68 53304 Pools Rental, to 75 people, includes 2 Lifeguards -Day Rates Resident Per Hour 89.67 89.67 Non-Resident Per Hour 108.88 108.88 22 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53304 Pools Rental, 75+ people, includes 3 Lifeguards -Day Rates Resident Per Hour 134.50 134.50 Non-Resident Per Hour 153.72 153.72 53304 Swim Team monthly fee Per Child 33.68 33.68 53304 Lifeguard per additional 75 people Per Hour 19.22 19.22 Note: Pool rental charges are for nonprofit, private and swim teams. TENNIS / LA WN BO WLING 53318 Tennis-First & Flower/weekdays gam-4pm Per Hour 2.00 2.00 4pm-dusk Per Hour 2.00 2.00 with lights Per Hour 4.00 4.00 53318 Tennis: Non-profit reservations per hour Resident Per Hour 1.00 1.00 Non-Resident Per Hour 2.00 2.00 57361 Santiago Lawn Bowling Greens Per Month 350.00 700.00 OTHER RECREATIONPROGRAMS 53306 Sports, Adult SoftballlFast Pitch Per Team 608.49 608.49 SoftballlSlow Pitch Per Team 448.36 448.36 Forfeit Fee, Refundable Per Team 64.05 64.05 Basketball Per Team 480.38 480.38 53306 Sports, Adult: City Soccer League- No Lights Per Game 42.79 42.79 City Soccer League- With Lights Per Game 61.12 61.12 53303 Sports, Youth: Registration for Baseball, T-Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. Reg. per person/sport (includes T-shirt) Each 14.78 25.00 Shirt-Extra Each 9.95 9.95 Cap-Extra Each 9.95 9.95 Shirt & Cap-Extra Set 18.66 18.66 53301 After School Adventure Program Per Child 19.22 19.22 Additional Child 9.61 9.61 53301 Vacation Recreation Program Resident-per week Per Child 44.83 75.00 Additional Non-Resident Fee Per Registration 12.81 12.81 2~ RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53301 Family PRIDE Fees Excursion Bus Fees Per Child 2.36 2.36 Per Adult 3.55 3.55 Family Annual Membership Fee Per Family 59.11 59.11 Campout Per Family 29.55 29.55 Halloween Dance Per Child 1.18 1.18 Per Adult 3.55 3.55 Christmas Dinner Per Child 5.91 5.91 Per Adult 8.28 8.28 Parent Dinner Dance Per Person 17.74 17.74 Per Couple 29.55 29.55 Teen Club Annual Membership Per Member 17.74 17.74 Teen Dance Per Person 3.55 3.55 53301 Excursion Bus Fee Per Child 3.55 3.55 Per Adult 5.91 5.91 SANTA ANA ZO0 AT PRENTICE PARK 53312 Zoo Admissions (Full-day) Adult Each 8.00 8.00 Child/Senior Each 5.00 5.00 Friends of Zoo Each Free Free Groups: Adult (wl schools, scouts, etc.) Each 6.00 6.00 Child/Senior Each 4.00 4.00 53312 Zoo Admissions (Half day, after 2:00 PM, Monday-Friday, Except Holidays) Adult Each 4.00 4.00 Child/Senior Each 2.50 2.50 53310 Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, through fliers or other media. JOINT USE FEES 57390 Hector Godinez Reservation Surcharge Per Reservation 10.00 10.00 57390 Hector Godinez Field Lights Per Hour N/A N/A Football Field Per Hour 12.00 12.00 Baseball Field Per Hour 16.00 16.00 Soccer Field Per Hour 12.00 12.00 Classroom Per Hour 2.00 2.00 Gymnasium Per Hour 21.00 21.00 Performing Arts Center Per Hour 49.00 49.00 24 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Black Box Per Hour 11.00 11.00 Outdoor Basketball Per Hour 4.00 4.00 57390 Hector Godinez Participant Fee Per Participant 1.00 1.00 OTHER SPECIAL FEES 05113002-53317 Adult Soccer Reservation Surcharge Per Game 28.18 28.18 51301 Filming Permit Fee Per Day 384.30 384.30 Program administered by Parks, Recreation & Community Services 53308 Park Facilities/Reservation/Audio Permits Resident Each 39.97 39.97 Non-Resident Each 53.30 53.30 53308 Public Space Special Event Fee-Commercial Per Day 1,598.72 1,598.72 99810002-57391 Park Facilities Deposit Per Reservation 100.00 to 500.00 100.00 to 500.00 The appropriate deposit for each facility will be determined by the Executive Director of Parks, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director of Parks, Recreation and Community Services Agency through fliers or other media. 30113002-53300 Park Acquisition and Development Fees 5 bedrooms Each 5,998.43 5,998.43 4 bedrooms Each 5,391.50 5,391.50 3 bedrooms Each 4,869.15 4,869.15 2 bedrooms Each 3,629.16 3,629.16 1 or less Each 2,723.74 2,723.74 25 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009-018 57770 Accelerated Records Research Fee Per Hour 74.50 74.50 53606 Adult Entertainment Land Use Permit Fee 920.00 920.00 57770 Aerial Photos Individual Sheets Per Sheet 25.45 25.45 Complete Set Per Set 775.00 775.00 53606 C-3 Parking Waiver Per Waiver 298.00 298.00 53606 Certificate of Compliance Certificate 935.00 935.00 53606 Amendment Application (A.A.) Change of Zone or District Fee 2,530.00 2,530.00 53613 Change of Site Address Request Fee 169.00 169.00 53606 Conditional Use Permit Application Fee Fee 2,535.00 2,535.00 Appeal Fee Fee 1,905.00 1,905.00 Condition Modification Fee 1,255.00 1,255.00 53606 Conditional Use Permit With a PC&N Determination (ABC License) Fee 2,535.00 2,535.00 53606 Conditional Use Permit Planned Residential Development Application Fee Fee 3,170.00 3,170.00 Appeal Fee Fee 2,370.00 2,370.00 53606 Conditional Use Permit (CUP) -Coffee House Entertainment CUP Fee 204.75 204.75 53606 Development Agreement/Review Deposit: (Nonrefundable deposit required initially) Deposit 4,040.00 4,040.00 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Filing Fee Flat Fee 3,170.00 3,170.00 57770 General Plan Elements (Text) Per Set Actual Cost Actual Cost 26 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 57770 General Plan (Complete Text) Per Set Actual Cost Actual Cost 57770 General Plan Workbooks Per Set Actual Cost Actual Cost 53613 Land Use Certificate Category 1 Bazaars, Fiestas, Rummage Sales Per Certificate 169.00 169.00 53613 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary units, Outdoor Booths Per Certificate 169.00 169.00 53613 Category 3 Carnival, Circus, Outdoor Music, Concert, Arcade, ABC Licenses Flat Fee Per Certificate 775.00 775.00 53613 Category 4 AntennaslDishes Flat Fee Per Certificate 345.00 345.00 Plus if over 35 feet, additional fee Per Certificate 75.00 75.00 53613 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Fee 204.75 204.75 Per Additional Pay phone Each 31.90 31.90 53613 Category 6 Small Collection (Recycling) Facilities Fee 345.00 345.00 53613 Land Use Certificate Appeal Fee Appeal fee shall be Appeal fee shall be assessed at 50% of assessed at 50% of the application fee. the application fee. 57770 Land Use Map Per Map Actual Cost Actual Cost 53605 Landscape Plan Review Residential Projects Fee 138.00 138.00 Non-Residential Projects Fee 345.00 345.00 Per Inspection after the 2nd Inspection Fee 65.50 65.50 53606 Lot Line Adjustment Filing Fee Fee 1,180.00 1,180.00 Appeal Fee Fee 690.00 690.00 2~ RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53606 Minor Exception Filing Fee Fee 940.00 940.00 Appeal Fee Fee 690.00 690.00 53606 Minor Exception--Fences Fee 448.00 448.00 53613 Home Occupation Permit Fee 180.00 180.00 Appeal Fee 690.00 690.00 53613 New Single Family Residence Review Fee 440.00 440.00 53613 Off Premise Advertising Permit Application Fee Fee 940.00 940.00 Appeal Fee Fee 690.00 690.00 53606 Appeal of Planning Manager's/Zoning Administrator's Each 463.00 463.00 Decision 53606 Parcel Map Extension Fee 229.00 229.00 Tentative Flat Filing Fee Fee 1,185.00 1,185.00 Plus per Lot Fee Fee 24.45 24.45 Appeal Fee Fee 890.00 890.00 53606 Parcel Voluntary Merger Application Fee Fee 1,180.00 1,180.00 53606 Residential Relocation Filing Fee Fee 940.00 940.00 Appeal Fee Fee 587.00 587.00 53613 Second Dwelling Unit Review Fee 440.00 440.00 57770 Sectional Districts Maps Individual Sheets Per Map Actual Cost Actual Cost Complete Set Per Set Actual Cost Actual Cost 53613 Sign Permit Review Fee 251.00 251.00 2g RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53613 Planned Sign Program Review Fee 298.00 298.00 Appeal Fee 463.00 463.00 53613 Sign Program Amendment Fee 149.00 149.00 53613 Sign Review/Permit Appeal Fee 463.00 463.00 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 3,170.00 3,170.00 53613 Temporary Sign Permit 65.50 65.50 53613 Temporary Trailer Permit Fee 169.00 169.00 53613 Appeal Fee Fee 80.00 80.00 57770 Subdivision Ordinance Each City's Cost City's Cost 53616 Site Plan Review $20,000 to $49,900 valuation Each 570.00 570.00 $50,000 to $100,000 valuation Each 870.00 870.00 Greater than $100,000 valuation Each 1,625.00 1,625.00 53606 Tract Map Tentative Filing Fee Fee 2,775.00 2,775.00 Plus Each Lot Fee 31.90 31.90 Plus Each Dwelling Unit Fee 74.50 74.50 Appeal Fee Fee 2,095.00 2,095.00 Extension Fee Fee 235.00 235.00 53606 Underground Utilities Waiver Flat Filing Fee Fee 169.00 169.00 Appeal Fee Fee 80.25 80.25 57770 Zoning Ordinance Booklets Per Booklet 38.00 38.00 53606 Variance Filing Fee Fee 2,535.00 2,535.00 Appeal Fee Fee 1,905.00 1,905.00 Condition Modification Fee 1,255.00 1,255.00 53618 DP Fee (Project Coordination Charge) Bldg. Valuation 29 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53607 Environmental Impact Report Fee Minimum Minimum nonrefundable nonrefundable deposit of $11,700 or deposit of $11,700 or 10% of consultant 10% of consultant fees whichever fees whichever is greater, plus is greater, plus reimbursement to reimbursement to to the City for any to the City for any other additional other additional costs accrued. costs accrued. 53607 Negative Declaration with studies and mitigation Fee Minimum Minimum (Requiring Traffic Study) nonrefundable nonrefundable deposit of 55,800 or deposit of 55,800 or 10% of consultant 10% of consultant fees whichever fees whichever is greater, plus is greater, plus reimbursement to reimbursement to to the City for any to the City for any other additional other additional costs accrued. costs accrued. 53607 Negative Declaration with studies and mitigation Fee Minimum Minimum (No Traffic Study) nonrefundable nonrefundable deposit of 52,920 or deposit of 52,920 or 10% of consultant 10% of consultant fees whichever fees whichever is greater, plus is greater, plus reimbursement to reimbursement to the City for any the City for any other additional other additional costs accrued. costs accrued. 53607 Negative Declaration without studies Each 772.00 772.00 53607 Categorical Exemption / Environmental Determination Each 226.00 226.00 TBD Mobile Vending Fee Each 473.00 473.00 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 149.00 149.00 30 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 51601 Re-Inspection Fees First assessment Each 74.50 74.50 Second assessment Each 110.00 110.00 Third assessment Each 149.00 149.00 51601 Extension Fee (Notice of Violation) Each 221.00 221.00 53507 Dangerous and Abandoned Building Fee Fee 40% of board up fee 40% of board up fee or $200, whichever or $200, whichever is greater. is greater. 57770 Nonconforming Status Letter Each 74.50 74.50 53418 Code Enforcement and Hearing Examiner Fee Per Hour 110.00 110.00 53418 Monitoring Fee Per Hour 125.50 125.50 Minimum 125.50 125.50 53606 Public Convenience & Necessity Determination Per Application 940.00 940.00 53618 Accelerated Development Project Review Each City's Cost City's Cost 53612 Mitigation Monitoring Fee due upon submission of site plan review Per Project 427.00 427.00 Fee due upon submission for Plan Check Per Project 906.00 906.00 53606 Historic Property Preservation Agreement Each 204.75 204.75 (Mills Act Application) 53606 Self nonmination of properties to the Santa Ana Register of Each 0.00 4,754.00 Historical Properties 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g., Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 587.00 587.00 55402 Commercial Vehicle Violation: Private Property First Violation 66.00 66.00 Second Violation 100.00 100.00 Third Violation 125.00 125.00 Pursuant to SAMC Sec 41-6071(h) 31 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 55000 Commercial Vehicle Violation: Public Streets First Violation 66.00 66.00 Second Violation 100.00 100.00 Third Violation 125.00 125.00 Pursuant to SAMC Sec 41-6071(h) Program administered by Police Department 55402 Yard Parking Violation First Violation 66.00 66.00 Second Violation 100.00 100.00 Third Violation 125.00 125.00 Pursuant to SAMC Sec 41-6071(e) 55402 Displaying Vehicle For Sale First Violation 66.00 66.00 Second Violation 100.00 100.00 Third Violation 125.00 125.00 Pursuant to SAMC Sec 41-1301(a) 32 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009-018 GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency orhis/her authorized representative at the time of initial application or request for the permit or service for which a fee is charged or imposed. No permit shall be issued to any person, firm or corporation unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City,100% ofthe permit and plan check fee may be refunded. If a permit has been erroneously issued,100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn 37.85 37.85 by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100% of the plan check fee in excess of $37.85 paid. no other case may any plan check fees be refunded. 33 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 SPECIAL INVESTIGATION FEE 79.30 79.30 51602 51603 A special investigation fee shall be charged by the Building 51611 Official for any investigation of a building structural work, 51604 reports, certification, or any other related work requested by 51606 an owner or his authorized agent. Said fee shall be assessed in an amount sufficient to reimburse the City for the costs actually incurred by the City based upon a rate of X79.30 per hour but in no case shall be less than $79.30. 51601 VIOLATION/INVESTIGATION FEES 79.30 79.30 51602 51603 When any work for which a permit is required has been 51611 commenced without the authorization of such permit, an 51604 investigation may be required before a permit will be issued 51606 for such work. An investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of X79.30 per hour but in no case less than $79.30 shall be collected. 51601 PENALTY FEES 198.80 198.80 51602 51603 In addition to the investigation fee and regular permit fee, a 51611 penalty in an amount equal to the amount of the total permit 51604 fee shall be required, but in no case less than $198.80 51606 51601 EXPEDITED COPY REQUEST Per Hour 54.05 54.05 Whenever a request is received for expedited documentation of a written report, or for records or plans. 51605 APPROVAL FOR BUSINESS Each 77.00 77.00 CERTIFICATE OF OCCUPANCY Whenever a Business License Tax application requires approval of a Business Certificate of Occupancy each application shall be accompanied by the payment of a nonrefundable application processing fee of $30.00 and an inspection fee of $47.00 which shall be refunded if an inspection proves to be unnecessary. 51601 DEMOLITION PERMIT 79.30 79.30 The fee for a permit to demolish a building or structure shall be based upon the contract price but in no case less than the minimum building permit fee of $79.30. 34 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 098001001- When a building is demolished, the owner shall provide the 24015 City with a cash or surety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. For the purpose of lot cleanup and capping of the sewer lateral, the value of the bond is to be established by the Building Official but in no case shall the bond be less than $1,000.00 per building. A single family dwelling and garage shall be considered as one building for bonding purposes. Note: A demolition permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other specifically regulating demolition 51601 FLOODPLAIN CONSTRUCTION Each 238.95 238.95 STANDARDS VARIANCES The fee for an application for a variance from the floodplain construction standards of the City. 51601 APPEALS Each 1,107.00 1,107.00 The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. Main building or structure Each 398.90 398.90 Accessory structure Each 79.30 79.30 Inspection for structures located outside of the City Per Mile 0.78 0.78 Travel time Per Hour 79.30 79.30 53600 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Official at the time of submitting plans for checking. Such fee shall be equal to 65% of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building area, or fraction thereof, up to 4,000 square feet, and X11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plancheck fee shall be required. 35 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 OSHPD CERTIFICATION FEE 53600 Whenever plans are submitted for the construction of specialized medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development (OSHPD-3 certification), a building permit fee will be paid to the Building Official equivalent to 1 % of the construction valuation. An additional plan check fee equivalent to .65% of the construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 51601 MICROFILM RECORDS Each Sheet 3.05 3.05 Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 53600 RESEARCH AND PROCESSING FEES 53602 53601 Whenever the Building Official is requested to approve Each 238.95 238.95 53603 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Official is requested to approve a Each 238.95 238.95 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 53600 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering plancheck services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each 79.30 79.30 Inspection The fee for registration of special inspectors in accordance Specialty with Section 8-100 of the Santa Ana Municipal Code. 53600 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 36 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53602 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 53601 CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, 53603 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 51601 CHANGE INCORRECT ADDRESS Each 54.05 54.05 Project 51601 CHANGE OWNER OR CONTRACTOR Each 54.05 54.05 Project 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS Prior to issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8-1769, 8-1770 and 8-1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 for each Notice of Violation or Notice and Order. 57600 ACCELERATED PLAN CHECK FEE Per Hour 116.40 116.40 51601 FIELD PLAN CHECK FEE Minimum Fee 79.30 79.30 Per Hour 53600 PRELIMINARY REVIEW OF BUILDING Minimum Fee 79.30 79.30 STANDARDS COMPLIANCE Per Hour 09801001- SIGNS 24015 When a permit is required for anilluminated ornon-illuminated sign, the owner shall provide the City a cash or surety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 per address. 51601 TEMPORARY CERTIFICATE OF OCCUPANCY Each Project 435.20 435.20 SPECIFIC CODE FEES AND CHARGES 51601 BUILDING CODE Any person desiring a permit required by the Building Code Each Permit 37.85 37.85 shall, at the time of filing an application fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. 37 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY There is no minimum fee for the issuance of a permit for single family residences and duplexes. The determination of total valuation shall be made by the Building Official. The value to be used shall be the total value of all construction work for which the permit is issued using the building valuation data based upon in the most recent edition of Building Standards published by the International Conference of Building Official. The value of work performed as a remodel and other valuations not published by the International Conference of Building Officials shall be determined by the Building Official. 51601 PARKING LOT RESURFACING AND/OR REPAINTING Existing parking lot resurfacing and/or repainting, fee shall be based on the value of the work performed. 51601 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 51601 EXCAVATION FOR SOIL CONTAMINATION Excavation and backfill related to soil contamination fee shall be based upon valuation. BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALL FEE $1.00 TO $500.00 $21.00 $501.00 TO $2000.00 $21.00 for the first $500.00 plus $3.25 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $69.75 for the first $2,000.00 plus $10.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $311.25 for the first $25,000.00 plus $7.55 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 38 7 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY $50,001.00 TO $100,000.00 $500.00 for the first $50,000.00 plus $5.40 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000.00 $770.00 for the first $100,000.00 plus $4.10 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 TO $1,000,000.00 $2,410.00 for the first $500,000.00 plus $3.60 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000.001.00 AND UP $4,210.00 for the first $1,000,000.00 plus $2.20 for each additional $1,000.00 or fraction thereof. 51601 1) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) Per Hour 79.30 79.30 51601 2) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 79.30 79.30 51601 3) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) Per Hour 79.30 79.30 53600 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge -one (1) hr.) Per Hour 79.30 79.30 51603 ELECTRICAL CODE Any person desiring a permit required by the Electrical Code Each Permit 37.85 37.85 shall, at the time of filing an application , pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $61.80 61.80 61.80 Note: An Electrical Code permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other than the Electrical Code. 39 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY FEE SCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: Six cents (x.06) per square foot per floor plus $31.60 per service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Per 31.60 31.60 Six cents (x.06) per square foot for detached or attached garages or carports shall only include receptacle, switch and lighting outlets. All other fees shall apply. 51603 2) Receptacles, outlets, light fixtures and general use switches, Each 0.99 0.99 each 51603 3) Each air conditioner Each 42.30 42.30 51603 4) Each self contained factory wired approved unit, such as home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. Each 10.45 10.45 51603 5) Busways, special raceways, under floor ducts, trolley or plug-in busways each one hundred (100) feet or fraction Each 100' 10.45 10.45 thereof 51603 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): 0 -10 total devices Each 22.25 22.25 10 or more total devices 1.80 1.80 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each 10.45 10.45 Residential (charge by number of dwelling units): Residential unit (1) 22.75 22.75 Each add'1 residential unit in amultiple-dwelling occupancy Each 13.65 13.65 Each add'1 residential unit over 20 in a hotel, motel, boarding house or lodge Each 8.25 8.25 51603 7) Dedicated circuit Each 10.45 10.45 51603 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor Control Center, or similar equipment changes or additions. 599 volts or less, under 400 amps. Each Meter 31.60 31.60 599 volts or less, 400 amps and less than 1200 amps. Each Meter 79.30 79.30 40 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 598 volts or less,1200 amps and over. Each Meter 159.15 159.15 51603 9) Signs and high-potential gas tube lighting, each Each 31.60 31.60 Note: This shall include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each Each 69.90 69.90 51603 ll) Above ground spas Each 22.50 22.50 51603 12) Temporary power- construction: For services supplying a temporary power pole, pedestal or piggyback Each 54.95 54.95 For a system of distribution and utilization of poles for temporary construction power, each pole Each Pole 10.45 10.45 51603 13) Temporary construction lighting: 500 lamps or less 4.70 4.70 Over 500 lamps 8.20 8.20 51603 14) Temporary services: At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. Temporary electric service prior to final approval or occupancy, each meter Each Meter 198.80 198.80 Temporary work with service, each meter Each Meter 27.80 27.80 51603 15) Lighting standards: With one (1) fixture each Each 10.45 10.45 Each additional fixture on the same standard Each 3.00 3.00 51603 16) Time clock or photo electric cell, each Each 8.20 8.20 51603 17) Radiant ceiling heat per room Per Room 10.45 10.45 51603 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings -horsepower (HP), kilowatts (KW), and Kilovolt amps (KVA)) 41 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Up to and including 1 HP, KW, KVA each Each 4.25 4.25 Over 1 and not over 10 HP, KW, KVA each Each 10.95 10.95 Over 10 and not over 50 HP, KW, KVA each Each 22.25 22.25 Over 50 and not over 100 HP, KW, KVA each Each 47.65 47.65 Over 100 and not over 500 HP, KW, KVA each Each 63.50 63.50 Over 500 HP, KW, KVA each Each 79.30 79.30 51603 19) Demolition, per project Per Project 30.80 30.80 51603 20) Inspections outside of normal business hours (four hour minimum charge for Holidays, Saturday or Sunday Per Hour 79.30 79.30 inspections) 51603 21) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 79.30 79.30 51603 22) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) Per Hour 79.30 79.30 53601 23) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge -one (1) hour) Per Hour 79.30 79.30 ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 65% of the electrical permit fee and shall be paid at the time of submitting plans. 51604 MECHANICAL CODE Any person desiring a permit required by the Mechanical Each Permit 37.85 37.85 Code shall, at the time of filing an application, pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to X31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be X61.80. 61.80 61.80 Note: A mechanical Code permit fee is separate from and additional to the fee for any other permit which maybe required by Code provisions other than the Mechanical Code. 42 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY FEE SCHEDULE 51604 1) For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including Each 27.60 27.60 100,000 BTU/h 51604 2) For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTUIh Each 39.40 39.40 51604 3) For the installation or relocation of each boiler, compressor, condensing unit or heat pump up to and including five horsepower, or each absorption system to and including 100,000 BTUIh Each 47.65 47.65 51604 4) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over five horsepower up to and including 30 horsepower or for each absorption system over 100,000 BTUIh up to and including 1,000,000 BTUIh Each 47.65 47.65 51604 5) For the installation, relocation of each boiler, compressor, condensing unit or heat pump over 29 horsepower up to and including 50 horsepower or for each absorption system over 1,000,000 BTUIh up to and including 1,750,000 BTUIh Each 57.85 57.85 51604 6) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over 49 horsepower, or each absorption system over 1,750,000 BTUIh Each 79.30 79.30 51604 7) For each VAV control box or air handling unit to and including 2,000 cubic feet per minute, including ducts attached thereto Each 18.75 18.75 51604 8) For each VAV or air-handling unit over 2,000 cfm Each 27.60 27.60 Note: This fee shall not apply to an air-handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where in this code. 51604 9) Outdoor dual packaged heating and cooling Each 47.65 47.65 51604 10) For the installation or relocation of each floor furnace, including vent Each 27.60 27.60 51604 11) For the installation or relocation of each suspended heater, recessed wall heater orfloor-mounted unit heater Each 27.60 27.60 51604 12) Decorative fireplace Each 27.60 27.60 43 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 13) For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Each 18.75 18.75 Note: Each HVAC system served by a VAV control box is considered a separate system. 51604 14) For the installation of each Type I commercial kitchen hood which is served by mechanical exhaust, including the ducts for each hood Each 47.65 47.65 51604 15) For the installation of each Type II residential or commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood Each 27.60 27.60 51604 16) For each ventilation fan connected to a single duct (environmental air) Each 18.75 18.75 (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 51604 17) Fan coil installation Each 31.60 31.60 51604 18) For each evaporative cooler other than portable type Each 27.60 27.60 51604 19) Incidental gas piping Each 18.75 18.75 51604 20) Fire damper installation, each Each 27.60 27.60 51604 21) Vent fan Each 27.60 27.60 51604 22) Approved fire extinguishing system Each 27.60 27.60 51604 23) For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, for which no other fee is listed in this code Each 27.60 27.60 (a) Commercial gas-fired cooking equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (fJ Heat exchanger (g) Exhaust fans for Type I or II Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleaner system. (j) Clean-room filter bank (HEPA) 44 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY (k) Humidifier. (1) Duct heater. (m) Condensate Pumps (n) Etcetera. 51604 24) For the installation, relocation or replacement of each appliance "vent" installed and not included in an appliance Each 27.60 27.60 permit 51604 25) Each process piping system Each 79.30 79.30 51604 26) For each ventilation system which is not a portion of any heating orair-conditioning system authorized by permit Each 79.30 79.30 (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammable vapors (2) Fumes (3) Smoke (4) Heat 51604 27) For the installation or relocation of each domestic- typeincinerator Each 18.75 18.75 (Shall have permit and approval from S.C.A.Q.M.D.) 51604 28) For the installation or relocation of each commercial or industrial-type incinerator Each 79.30 79.30 (Shall have permit and approval from S.C.A.Q.M.D.) 51604 29) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) Per Hour 79.30 79.30 51604 30) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 79.30 79.30 51604 31) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) Per Hour 79.30 79.30 51604 32) Additional plan review required by changes, additions or revisions to approved plans (minimum charge -one (1) hour) Per Hour 79.30 79.30 MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permit fee and shall be paid at the time of submitting plans 45 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY PLUMBING CODE 51602 Any person desiring a permit required by the Plumbing Code shall, Each Permit 37.85 37.85 at the time of filing an application, pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $61.80 61.80 61.80 (Note: A Plumbing Code permit fee is separate from and additional to the fee for any other permit which maybe required by code provisions other than the Plumbing Code.) FEE SCHEDULE 51602 1) For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefore) Each 9.35 9.35 51602 2) For each dental unit Each 18.75 18.75 51602 3) Medical gas piping system per 100' Per 100' 18.75 18.75 51602 4) For each building sewer Each 27.60 27.60 (a) Each additional connection Each 9.35 9.35 (b) Each additional 100 feet or fraction thereof Each 9.35 9.35 (c) Sewerlalteration/repair Each 18.75 18.75 51602 5) For each private sewage disposal system Each 57.30 57.30 51602 6) For each cesspool (where permitted) Each 27.60 27.60 51602 7) For each sewer cap Each 79.30 79.30 51602 8) For each fixture cap Each 5.00 5.00 51602 9) For each new gas piping system (includes one to four outlets) Each 18.75 18.75 51602 10) For each gas outlet of five or more Each 2.95 2.95 51602 ll) For the repair/replacement of a gas piping system (includes one to four outlets) Each 18.75 18.75 51602 12) For the alterationladdition to an existing gas system (includes one to four outlets) Each 27.60 27.60 51602 13) For each residential water heater and/or vent Each 9.35 9.35 46 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 14) For each commercial boiler or water heater Each 47.65 47.65 51602 15) For installation, alteration, or repair of water piping, each 100' Each 18.75 18.75 51602 16) Rain water piping (buried), each 100' Each 12.05 12.05 51602 17) Rainwater systems -per drain (inside building) Each 18.75 18.75 51602 18) Roof drain system, per drain Each 18.75 18.75 51602 19) Deck drains, per drain Each 6.60 6.60 51602 20) For each lawn sprinkler system on any one meter, including backflow protection devices therefore Each 12.05 12.05 (atmospheric type only) 51602 21) For atmospheric-type vacuum breakers not included in Item 20: 0 to 5 9.35 9.35 Over 5, each 2.95 2.95 51602 22) For each backflow protective device other than atmospheric-type vacuum breakers: 2 inches and smaller 9.35 9.35 Over 2 inches 18.75 18.75 51602 23) For each pool trap Each 9.35 9.35 51602 24) For each pool heater Each 47.65 47.65 51602 25) For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps Each 15.80 15.80 51602 26) For each residential water conditioner Each 9.35 9.35 51602 27) For each commercial water conditioner Each 18.75 18.75 51602 28) For repair or alteration of drainage or vent piping, each fixture Each 18.75 18.75 51602 29) For each appliance, fixture or piece of equipment regulated by this code but not classed in other categories, for which no other fee is listed in this code Each 27.60 27.60 (a) Sewage Ejector (b) Sump Pump (c) Hot Water Storage Tank (d) Heat Exchanger (e) Cooling Tower House Booster Pumps 47 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 30) Temporary Gas Service Each 198.80 198.80 At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday Per Hour 79.30 79.30 inspections). 51602 32) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 79.30 79.30 51602 33) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) Per Hour 79.30 79.30 51602 34) Additional plan review required by changes, additions or revisions to approved plans (minimum charge -one (1) hour) Per Hour 79.30 79.30 PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 51606 Any person desiring a grading permit required by the Building Each Permit 37.85 37.85 Code, shall, at the time of filing an application, pay a fee of 56.55 towards the State Mandated Training Program and pay a fee equal to 531.30 plus the sum of the fees for the work to be done. under the permit as set forth in the following schedule: (Note: A grading permit fee is separate from and additional to the fees for any other permit which maybe required by code provisions.) FEE SCHEDULE Minimum 51606 1) Grading Permit: Per Hour 79.30 79.30 a. One and Two S.F.D. 1 Hour b. Multiple Residential including, Residential tracts, Apartments, Condominiums, Hotels, Motels, and Similar Construction 2 Hours c. Non-Residential Site Less Than 2 Acres 3 Hours d. Non-Residential Site 2 Acres and More 5 Hours e. Preliminary Grading Permit, Underground Tank Removal and Excavation for Soil Contamination 1 Hour f. Existing Parking Lot Resurfacing and Repainting 1 Hour 48 7 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51606 2) In addition to the above noted permit fees, a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving Sq. Ft. 0.03 0.03 Minimum 51606 3) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) Per Hour 79.30 79.30 51606 4) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 79.30 79.30 51606 5) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) Per Hour 79.30 79.30 SOLAR ENERGY CODE 51611 Any person desiring a permit required by the Solar Energy Each Code shall, at the time of filing an application, pay a fee of Permit 37.85 37.85 $6.55 towards the State Mandated Training Program and a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be X61.80. 61.80 61.80 (NOTE: These fees do not include permit fees for any parts of the solar energy system which are subject to the requirements of other applicable codes.) FEE SCHEDULE 51611 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m~) 9.35 9.35 Between 1,001(93.1m) and 2,000 sq. ft. (186m~) 15.80 15.80 More than 2,000 sq. ft. (18m~) 15.80 15.80 plus per 1,000 sq.ft. (93m2) or fraction 1.65 1.65 thereof over 2,000 sq. ft. (186rri ) 51611 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m) 8.00 8.00 Between 751(3m3) and 2,000 gallons 14.40 14.40 49 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY More than 2,000 (8m3) gallons 14.40 14.40 plus per 1,000 (4m3) or fraction thereof 1.65 1.65 over 2,000 gallons (8m ) 51611 3) For rock storage: Up to 1,500 cu. ft. (42m3) 9.35 9.35 Between 1,501(42.1m3) and 3,000 cu. ft. (84m3) 15.80 15.80 More than 3,000 cu. ft. (84m3) 15.80 15.80 plus per 1,000 cu. ft. (28m3) or fraction 1.65 1.65 thereof over 3,000 cu. ft. (84m3) 51611 4) Self contained water heater (residential type) Each 9.35 9.35 51611 5) Water heater (commercial type) Each 47.65 47.65 51611 6) Heat exchanger Each 9.35 9.35 51611 7) Water piping replacement, each 100 feet Each 18.75 18.75 51611 8) Gas piping service, l -5 outlets Each 18.75 18.75 51611 9) Backflow prevention device Each 9.35 9.35 51611 10) For each appliance or piece of equipment regulated by this code for which no fee is listed Each 9.35 9.35 51611 ll) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday and Sunday inspections) Per Hour 79.32 79.32 51611 12) Re-inspection fee assessed under provisions of the Building Code Per Hour 79.32 79.32 51611 13) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) Per Hour 79.32 79.32 51611 14) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge -one (1)hour) Per Hour 79.32 79.32 SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65% of the solar permit fee and shall be paid at the time of submitting plans. 50 7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 51401 Alarm User Permit Commercial & Residential Per Year 30.00 30.00 53413 False Alarms (Code 459) Burglary Calls -Commercial & Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 50.00 50.00 3rd Incident 75.00 75.00 4th Incident 125.00 125.00 5th Incident 150.00 150.00 6th Incident -fee & warning ofnon-response 200.00 200.00 7th Incident 300.00 300.00 8th Incident -fee &placed onnon-response status 400.00 400.00 53413 False Alarms (Code 211) Robbery Calls -Residential Per Incident 1st Incident No charge No charge 2nd Incident 50.00 50.00 3rd Incident 75.00 75.00 4th Incident 125.00 125.00 5th Incident 150.00 150.00 6th Incident -fee & warning ofnon-response 200.00 200.00 7th Incident 300.00 300.00 8th Incident -fee &placed onnon-response status 400.00 400.00 53413 False Alarms (Code 211) Robbery Calls -Commercial Per Incident 1st Incident 75.00 75.00 2nd Incident 100.00 100.00 3rd Incident 150.00 150.00 4th Incident 200.00 200.00 5th Incident 250.00 250.00 6th Incident -fee & warning ofnon-response 300.00 300.00 7th Incident 350.00 350.00 8th Incident -fee &placed onnon-response status 400.00 400.00 53419 Firearms Examination Service Fee -Outside Agencies Basic Function Exam -per firearm 35.00 35.00 Full Function Exam -per firearm 210.00 210.00 Examination & Comparison 320.00 320.00 Examination & Comparison -Major Crime (up to 6 hours) 620.00 620.00 Hourly charge in excess of 6 hours -each additional hour 100.00 100.00 53409 Storage of Weapon Fee -per weapon 100.00 100.00 1-1-OS state law change (AB 2431, PC 12021.3): fee can be charged when ~ weapon is released to an owner or gun dealer 53404 Fingerprint Fee Per Card 23.00 23.00 City processing fee only Applicants exempted by law shall not pay. 099810002- Fingerprint Fee 57491 State processing fee Actual Cost Actual Cost For all fingerprinting requiring State processing, the applicable state fee will be added to the $23.00 City fee above. 51 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 53407 Citation Sign Off -Non-SAPD Equipment violators Per Incident 10.00 15.00 53407 Vehicle Citation Sign Off -SAPD Per Citation 0.00 5.00 57470 Copy of Lost Citation Per Citation 2.00 2.00 57000 Driving Under Influence Cost Recovery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Up to $1,000 Up to 51,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per Incident Up to $1,000 Up to S 1,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Hit & Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per Incident Up to $1,000 Up to S 1,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec.10-300 et seq. Up to 5500 Up to $500 51607 Ice Cream Truck Vendor Permits Includes one DriverlOperator Each 230.00 230.00 Additional Truck Each 36.00 36.00 53419 License to Sell Pistols/Revolvers Per License 145.00 145.00 53416 Administration Citation Fee First Violation 100.00 100.00 Allows Animal Service Officers the right to cite for State and Second Violation 200.00 200.00 Local Animal Law Violations Third Violation 500.00 500.00 53405 Police Accident Photos B&W and Color Print, (4X5/3.5X5) & Polaroid's Each 5.00 5.00 B&W and Color Print, 5X7 Each 7.00 7.00 B&W and Color Print, 8X10 Each 12.00 12.00 Contact Print, 8X10 Each 12.00 12.00 53405 Police Evidence Photos to CDIDVD Per set-up Each 20.00 20.00 Per Image Each 1.00 1.00 53405 Digital Media Reproduction Each 0.00 25.00 53405 Police Evidence Tape (audio or video tape) Each 36.00 36.00 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case Each 10.00 10.00 53417 Police Immigration/Clearance Letters Each 20.00 20.00 53417 Police Incident Reports Citizens Request for Information Form Each` 20.00 20.00 `Reports in excess of 20 pgs. Per Page 1.00 1.00 53403 Search fee (no case 10.00 10.00 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request to Review Incident Information Per Request 20.00 20.00 52 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 57401 Police Security Services Lieutenant Per Hour 105.00 105.00 Sergeant Per Hour 85.00 85.00 Police Officers Per Hour 69.00 69.00 PCOIPSO/Reserve Per Hour 45.00 45.00 53410 Impound of Owner Release Animals Per Impound 81.00~~ 81.00~~ (includes 2 nights boarding charge) County of Orange proposed fees, subject to change pending County approval ~ ~ 51607 Pushcart Permits VendorlOperator Permit-kart Each` 230.00 230.00 ~ Additional CartslOperators Each 36.00 36.00 53400 Release of Impounded Vehicles-SAPD/Traffic Vehicle Registration Expired Over 6 Months Each 140.00 140.00 Unlicensed/Suspended-Revoked Drivers Each 190.00 190.00 X90 to 011-01-5514 (increased from $85) X100 to 20-01-5352-100 57402 Solicitation Permit Per Permit 36.00 36.00 Vehicle for Hire (Taxi) Fees Driver's Permits Each 35.00 35.00 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 145.00 145.00 Vehicle for Permit Transfer Each 6.00 6.00 57402 Reinspection Fee-Plan Checks/Not Completed Minimum 41.00 41.00 ~~41.00 minimum or hourly employee rate. Fee to be charged when inspection is called for work not complete or corrections called for are not made. Second Hand Dealer Fee Each 71.00 71.00 Security Guard Company Fee Each 71.00 71.00 53407 Equipment Violation Pursuant to SAMC Sec. 40225 Each 85.00 85.00 Proof of Correction Each 10.00 10.00 51402 Street Closure Permit Per Permit 140.00 140.00 53613 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 31.00 31.00 Accelerated Processing Fee Per Permit 67.00 67.00 50045 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 723.00 723.00 Introduction Service Permit Each 723.00 723.00 Escort Permit Each 155.00 155.00 53 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 50045 Figure Model Studios/Figure Model Fees: Program administered by Police Department Figure Model Studio Permit Each 723.00 723.00 Figure Model Permit Each 155.00 155.00 Figure Model Studio Sale or Transfer Each 723.00 723.00 Figure Model Studio Change of Location or Name Each 36.00 36.00 NOTE: Figure Model Studio Permit Applicants who are also Figure Model Permit applicants shall only be required to pay the Figure Model Studio Permit Fee. 50045 Massage Establislunent/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Each 723.00 723.00 Massage Technician Permits Each 300.00 300.00 Massage Technician Testing Fee Each 150.00 150.00 Massage Technician Transfer/Duplicate Each 35.00 35.00 Massage Establishment Sale Transfer Each 723.00 723.00 Massage Establishment Change of Location or Name Each 260.00 260.00 NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. 50045 Peep Show Permit Fee Each 312.00 312.00 Program administered by Police Department 50045 PoolBilliard Permit Fee Each 312.00 312.00 Program administered by Police Department 50045 Public Dance Establishments Program administered by Police Department Dance Permits Permanent Each 312.00 312.00 One-Day Each 78.00 78.00 `Extraordinary Police Services Each nla 500.00 57402 Police Training Video Tape Per Tape 46.00 46.00 55000 Parking Violation: Late fee Violations with a'base' (original) 50% of base fine. 50% of base fine. fine of $100 or less:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 150% fine is 150% of base fine. of base fine. Violations with a'base' (original) 20% of base fine. 20% of base fine. fine of X100 or more:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 120% fine is 120% of base fine. of base fine. Subject to City Council approval of implementing ordinance. 54 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with a'base' (original) 90% of base fine. 90% of base fine. fine of $100 or less:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 190% fine is 190% of base fine. of base fine. Violations with a'base' (original) 40% of base fine. 40% of base fine. fine of X100 or more:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 140% fine is 140% of base fine. of base fine. 55000 Parking a vehicle within 300 ft. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41(7) Each 53.00 53.00 55000 Permit required Special Parking District Pursuant to SAMC Sec. 36-493 (a) Each 44.00 44.00 55000 Parking in a red zone Pursuant to SAMC Sec. 36-131(1) Each 61.00 61.00 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 44.00 44.00 55000 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 44.00 44.00 55000 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 44.00 44.00 55000 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 108.00 108.00 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 55000 Parking in a "No Parking" zone Pursuant to SAMC Sec. 36-132 Each 65.00 65.00 55000 Noparking-street sweeping Pursuant to SAMC Sec. 36-133 Each 60.00 60.00 55000 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 65.00 65.00 55000 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 52.00 52.00 55000 Stopping, standing or parking a vehicle wlin parkway Pursuant to SAMC Sec. 36-135(b) Each 52.00 52.00 55000 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 52.00 52.00 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 60.00 60.00 55000 Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 60.00 60.00 55 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking on left side ofone-way roadway Pursuant to SAMC Sec. 36-136(4) Each 36.00 36.00 55000 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 44.00 44.00 55000 Angle parking prohibited in certain areas Pursuant to SAMC Sec. 36-139 Each 44.00 44.00 55000 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36-142 Each 44.00 44.00 55000 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 36.00 36.00 55000 Parking any commercial vehicle over 10,0001bs. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 75.00 75.00 55000 Parking on City property Pursuant to SAMC Sec. 36-147 Each 36.00 36.00 55000 Parking on property of Joint Powers Agency-city is member Pursuant to SAMC Sec. 36-147.1 Each 36.00 36.00 55000 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) Each 53.00 53.00 55000 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 53.00 53.00 55000 Park any vehicle restricting traffic (ingresslegress) Pursuant to SAMC Sec. 36-432(2) Each 53.00 53.00 55000 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) Each 65.00 65.00 55000 Red no parking areas-striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 53.00 53.00 55000 Parking outsidelacross designated parking lines Pursuant to SAMC Sec. 36-432(6) Each 44.00 44.00 55000 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 44.00 44.00 55000 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(11) Each 44.00 44.00 55000 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 53.00 53.00 55000 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) Each 82.00 82.00 55000 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 44.00 44.00 56 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking within an intersection Pursuant to CVC Sec. 22500(a) Each 51.00 51.00 55000 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) Each 51.00 51.00 55000 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) Each 51.00 51.00 55000 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(4) Each 51.00 51.00 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(fj Each 51.00 51.00 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) Each 51.00 51.00 55000 Double Parking Pursuant to CVC Sec. 22500(h) Each 51.00 51.00 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) Each 51.00 51.00 55000 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) Each 51.00 51.00 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) Each 51.00 51.00 55000 Parked within 15 feet of fire hydrant Pursuant to CVC Sec. 22514 Each 51.00 51.00 55000 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec. 22515(a) Each 57.00 57.00 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) Each 373.00 373.00 55000 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) Each 373.00 373.00 55000 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) Each 373.00 373.00 55000 Entering an Intersection, Rail-crossing or crosswalk Pursuant to CVC Sec. 22526 Each 168.00 168.00 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 Each 87.00 87.00 57 7 '7 RESOLUTION 2010- PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 5200 Each 87.00 87.00 55000 StoppinglParking in a Fire Lane Pursuant to CVC Sec. 22500.1 Each 116.00 116.00 55000 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 (e) Each 51.00 51.00 55000 Parking vehicle for sale -1 st violation See Planning & Building section of Misc. Fee Schedule Pursuant to SAMC Sec. 41-1301 (a) 55000 Parking vehicle for sale - 2nd conviction w/in year See Planning & Building section of Misc. Fee Schedule Pursuant to SAMC Sec. 41-1301 (a) 55000 Parking vehicle for sale - 3rd conviction w/in year See Planning & Building section of Misc. Fee Schedule Pursuant to SAMC Sec. 41-1301 (a) Program administered by Police Department 55000 Occupied Motor Home Each 35.00 35.00 Pursuant to SAMC Sec. 10.89 55000 Park Hours Each 95.00 95.00 Pursuant to SAMC 31-2.9 55000 Parked on Park Property Each 37.00 37.00 Pursuant to SAMC 31-2.16c 55000 Exceed Period -Vehicle Storage Each 116.00 116.00 Pursuant to SAMC 36-434 55000 Improper Display of Permit Each 41.00 41.00 Pursuant to SAMC 36-488 55000 Off Truck Route Each 89.00 89.00 Pursuant to SAMC 36-171 53416 Wild Animal Permit Fee (Nonrefundable) Pursuant to SAMC Sec. 5-8 Each 144.00 144.00 55402 Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft. in height parked within 100 ft. of posted intersection (SAMC 36-145.5) First Violation Per Violation 66.00 66.00 Second Violation (within a 12 mo. Period) Per Violation 100.00 100.00 Third Violation (within a 12 mo. Period) Per Violation 125.00 125.00 58 7 '77 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05817002-51701 Transportation PermitslOversizelOverweight Annual Permit Each 90.00 90.00 Single Trip Permit Each 16.00 16.00 Fax Processing Service (Optional) Per Fiscal Year 35.07 35.07 01117002-51701 Building Moving Permits Permit Fee Each 90.00 90.00 Building Under 1,000 sq. ft. Each 16.00 16.00 Building 1,000 sq. ft. or over Each 16.00 16.00 Legal Weight/Size Load Not Required No Charge No Charge Ol 117002-57991 Banner and Decorations Application Fee Per Transaction 138.56 138.56 Removal Fee Per Street Per Pole 138.56 138.56 Ol 117002-51608 Newsbox Permits and Inspection InitiatlRenewalPerrmt Fee Per Publication 157.91 160.00 Annual Inspection Fee Per Location 24.23 41.61 01117002-53707 Curb Painting $192.56 minimum Per Foot 10.62 10.62 Ol 117002-53707 Street Name Sign Each 277.88 277.88 01117002-53707 Miscellaneous Street Signs Stop, Yield, Bus Stop, etc. Each 343.27 343.27 08617002-57006 Tree Planting 24" box minimum tree Each 670.18 670.18 08617002-57770 City Street Map (22"X29") First Map Each 3.37 3.37 Additional Each 3.37 3.37 08617002-57770 Water System Map (62"X78") Each 9.82 9.82 08617002-57770 Sewer System Map (62"X78") Each 9.82 9.82 10117002-57006 Geographic Information System (GIS) Consultant(s) Time Actual Contract Cost Actual Contract Cost Staff Time Actual Staff Cost Actual Staff Cost 08617002-56305 Accelerated Plan Check for Public Improvements Per Hour 211.00 211.00 08617002-56305 Traffic Analysis/Studies Plan Check Per Hour 195.00 195.00 08617002-56305 Improvement Plan Check Per Hour Per Hour 158.00 158.00 NOTE :Street, Storm Drain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 08617002-56305 Surface Drainage Plan Check Per Hour 158.00 158.00 59 7 '7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-56305 Improvement Standard Plans/Specifications Storm Drains Set 11.44 11.44 Street Improvements Set 14.71 14.71 Sanitary Sewers Set 11.44 11.44 Water Improvements Set 19.61 19.61 Revision within 1 year 01117002-56305 Plans/Specifications Fees (nonrefundable) Reproduction 10 Sheets 24.53 24.53 Each additional 1.65 1.65 Mailing Minimum 14.42 14.42 08617002-56305 Tract Map -Final Hourly Rate Per Hour 158.00 158.00 08617002-56305 Parcel Map -Final Hourly Rate Per Hour 158.00 158.00 08617002-56305 Lot Line AdjustmentlLot Merger Per Hour 158.00 158.00 08617002-56305 Certificate of Compliance Per Hour 158.00 158.00 08617002-51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 234.00 234.00 05817002-53706 Street Work PermitslInspection Fees Charged in addition to other fees Each 265.00 265.00 08617002-51704 Inspection Fees: Trench ExcavationlBack Fill Linear Foot 1.71 1.71 (unless included in other fees) Minimum 142.00 142.00 08617002-51704 Storm Drains/Culverts, Sewer, Water MainslLine Channels Linear Foot 8.00 8.00 Minimum 142.00 142.00 08617002-51703 Sewer Laterals/Water Services Each 868.00 868.00 08617002-51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 266.32 266.32 Minor Streets Deposit 842.06 842.06 Major Streets Deposit 1,121.13 1,121.13 08617002-51704 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each 1,027.00 1,027.00 08617002-51704 Curb, Gutter or Combination including Earthwork Linear Foot 1.96 1.96 Minimum 142.00 142.00 08617002-51704 Curb Return, including Earthwork Each 264.00 264.00 08617002-51704 Sidewalk including Earthwork Sq.Foot 1.29 1.29 Minimum 142.00 142.00 08617002-51704 Drive Approach including Earthwork Sq. Foot 0.88 0.88 60 7 '7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY Minimum 142.00 142.00 08617002-51704 Paving, including Earthwork (0 - 2000 sq. ft.) Sq. Foot 0.36 0.36 (Over 2000 sq. ft.) Sq. Foot 0.26 0.26 Minimum 142.00 142.00 08617002-51704 Fencing Masonry, Concrete or Block $127.58 minimum Linear Foot 1.52 1.52 Minimum 127.58 127.58 08617002-57006 Street Trees By Developer, Inspection Only Each 172.00 172.00 08617002-51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 32.14 32.14 08617002-51704 Projects Exceeding X50,000 & <-$100,000 and/or Percent of estimated Work items not included here construction costs 9.59% 9.59% 08617002-51704 Projects Exceeding X100,000 and/or Percent of estimated Work items not included here construction costs 7.00% 7.00% 08617002-57006 Overtime Rate for Construction Inspectors Per Hour 59.35-63.87 59.35-63.87 Construction Inspector overtime rate range. Actual overtime hourly -rate based on Inspectors salary step 08617002-56305 Certificate of Correction Per Hour 158.00 158.00 08617002-56305 Covenants, Conditions, & Restrictions; Agreements and Per Hour 158.00 158.00 Miscellaneous Checking 06817002-53710 Notice ofAbatement -Standard Administration Fee Each 350.00 350.00 06817002-53710 Notice ofAbatement -Multiple Postings in a 12-month Period Each 35.00 58.00 06817002-56203 Sign Removal from Public Right of Way Per Sign 26.81 26.81 06817002-53719 Sanitation Charge Bimonthly Single Family Per Unit 14.91 14.91 Duplex Per Unit 14.91 14.91 Triplex Per Unit 14.91 14.91 Fourplex or larger Per Unit 14.91 14.91 Business Per Unit 14.91 14.91 NOTE: Any portion of a building which is designed to be separately rentable and is separately identifiable by a letter or number designation shall constitute a separate and distinct unit, except that any publicly- ownedbuilding shall be a single unit. 08617002-51704 Survey Monument Check:lst Monument Check Each 803.00 803.00 Additional monument Each 161.00 161.00 08617002-51704 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 61 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-57790 Abandonment Processing Summary Per Application 1,581.00 1,581.00 Non-Summary Per Application 4,743.00 4,743.00 05817002-51705 Encroachment Processing Each 418.45 418.45 06017002-53720 Meter Test in Field Each 7.39 7.39 in Shop Each 7.39 7.39 Note: Fee is refunded if the meter shows an error of more than 2% over the correct reading. 06017002-53720 Replace Meter (Removed for Unpaid Bills) Program administered by Public Works Agency; fee also shown on page 7 5/8" Each` 59.06 59.06 314" Each` 76.43 76.43 1" Each 125.96 125.96 1 1/2" Each 295.48 295.48 2" Each 394.94 394.94 ~ After business hours, the minimum charge for replacement is 5127.58 NOTE: These charges are equal to the cost of installation of new meters (a meter is only removed in cases where normal collection procedures fail). 06017002-53720 Cut-off Water Service in Street Each 330.19 330.19 06017002-53725 Temporary Construction Meter Deposit Each 1,013.36 1,013.36 06017002-53720 Removal of Straight Pipe (administered by PWA) Each 85.52 85.52 06017002-53720 Repair Curb Stop (administered by PWA) Each 125.96 125.96 01117002-51609 Outdoor Dining Fee Application Fee 1,121.00 1,121.00 Annual license fee based on size of dining area Square Foot 0.73 0.73 08617002-57006 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 7.39 7.39 Security Deposit One-time, Refundable 73.78 73.78 Key Replacement Per Key 22.15 22.15 Lock Replacement Per Lock 118.05 118.05 Damage/Repair Fee Each 44.26 44.26 08617002-51704 Directional Boring Fee Per Linear Foot 2.00 2.00 01117002-51402 2nd Street Mall Use Fee Per Event 36.90 36.90 62 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY Drainage Assessment Area Fee Per Acre 22117002-50500 Area 1 6,138.57 6,138.57 22217002-50500 Area 2 7,400.23 7,400.23 22317002-50500 Area 3 3,984.17 3,984.17 22417002-50500 Area 4 5,880.35 5,880.35 22517002-50500 Area 5 6,699.31 6,699.31 22617002-50500 Area 6 6,588.64 6,588.64 05517002-53701 Sewer Connection Fee Per Plumbing 87.72 87.72 Fixture Unit 06017002-53712 Metered Water Rates Base Rate Per 100 Cubic Feet 2.673 2.727 Tail Block Rate Per 100 Cubic Feet 3.097 3.151 05617002-53902 Sanitary Sewer Service Charge Per 100 Cubic Feet of Water 0.338 0.388 Or Per Month Per SFH 6.760 7.760 05617002-53902 Sewer Grease Cleaning Per Year 1,986.16 1,986.16 08617002-57006 Residential Parking Permit Single Family Home -each permit annual renewal n/a 50.00 every two years 35.47 90.00 maximum 3 permits Multi-family Home (up to four Alex) -each permit annual renewal n/a 50.00 every two years 35.47 90.00 maximum 1 permit Trench Cut Fees - Dry Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 16.14 16.14 Resurfaced between 6 and 10 years 14.29 14.29 Resurfaced between 11 and 15 years 13.44 13.44 Resurfaced between 16 and 20 years 10.74 10.74 05817002-53705 Local Street Resurfaced between 0 and 5 years 10.93 10.93 Resurfaced between 6 and 10 years 9.72 9.72 Resurfaced between 11 and 15 years 9.13 9.13 Resurfaced between 16 and 20 years 8.24 8.24 Resurfaced between 21 and 25 years 7.32 7.32 Wet Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 25.09 25.09 Resurfaced between 6 and 10 years 22.20 22.20 Resurfaced between 11 and 15 years 20.89 20.89 Resurfaced between 16 and 20 years 16.71 16.71 05817002-53705 Local Street Resurfaced between 0 and 5 years 17.01 17.01 Resurfaced between 6 and 10 years 15.10 15.10 Resurfaced between 11 and 15 years 14.19 14.19 Resurfaced between 16 and 20 years 12.80 12.80 Resurfaced between 21 and 25 years 11.39 11.39 63 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY Changes based on Engineering News Record New fees authorized pursuant to Resolution 2009-018 in March 2009 Some fees previously approved pursuant to Resolution 2009-018 and not subject to increase PIPELINE PROJECT FEES PER RESOLUTION N0.2009-018 05817002-51701 Transportation PermitslOversizelOverweight Annual Permit Each 90.00 90.00 Single Trip Permit Each 16.00 16.00 Fax Processing Service (Optional) Per Fiscal Year 35.07 35.07 01117002-51701 Building Moving Permits Permit Fee Each 90.00 90.00 Building Under 1,000 sq. ft. Each 16.00 16.00 Building 1,000 sq. ft. or over Each 130.76 130.76 Legal Weight/Size Load Not Required No Charge No Charge 08617002-56305 Accelerated Plan Check for Public Improvements Per Hour 157.89 157.89 and Traffic Studies (Optional) 08617002-56305 Improvement Plan Check Per Hour Per Hour 143.53 143.53 NOTE :Street, Storm Drain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 08617002-56305 Surface Drainage Plan Check Per Hour 138.93 138.93 08617002-56305 Tract Map -Final Hourly Rate Per Hour 143.54 143.54 Flat fee minimum at $1,435.39 Minimum 1,435.39 1,435.39 08617002-56305 Parcel Map -Final Hourly Rate Per Hour 143.54 143.54 Flat fee minimum at $1,435.39 Minimum 1,435.39 1,435.39 08617002-56305 Lot Line Adjustment Per Hour 143.54 143.54 Minimum 430.60 430.60 08617002-56305 Certificate of Compliance Per Hour 143.54 143.54 Minimum 430.60 430.60 08617002-51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 78.94 78.94 05817002-53706 Street Work PermitslInspection Fees Charged in addition to other fees Each 145.46 145.46 64 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-51704 Inspection Fees: Trench ExcavationlBack Fill (unless included in other fees) In Dirt-X127.58 minimum Linear Foot 0.71 0.71 Minimum 127.58 127.58 InPaving-$127.58 minimum Linear Foot 1.01 1.01 Minimum 127.58 127.58 08617002-51704 Storm Drains/Culverts, Sewer, Water MainslLine Channels InDirt-$127.58 minimum Linear Foot 4.09 4.09 Minimum 127.58 127.58 In Paving-X127.58 minimum Linear Foot 4.66 4.66 Minimum 127.58 127.58 08617002-51703 Sewer Laterals/Water Services Each 283.85 283.85 08617002-51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 266.32 266.32 Minor Streets Deposit 842.06 842.06 Major Streets Deposit 1,121.13 1,121.13 08617002-51704 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each 213.69 213.69 08617002-51704 Curb, Gutter or Combination including Earthwork $127.58 minimum Linear Foot 1.73 1.73 Minimum 127.58 127.58 08617002-51704 Curb Return, including Earthwork $127.58 minimum Each 68.57 68.57 Minimum 127.58 127.58 08617002-51704 Sidewalk including Earthwork $127.58 minimum Sq.Foot 0.62 0.62 Minimum 127.58 127.58 08617002-51704 Drive Approach including Earthwork $127.58 minimum Sq. Foot 0.79 0.79 Minimum 127.58 127.58 08617002-51704 Paving, including Earthwork (0 - 2000 sq. ft.) $127.58 minimum Sq. Foot 0.25 0.25 (Over 2000 sq. ft.) X127.58 minimum Sq. Foot 0.18 0.18 Minimum 127.58 127.58 08617002-57006 Street Trees By Developer, Inspection Only - $90.60 minimum Each 32.71 32.71 08617002-51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 32.14 32.14 08617002-51704 Projects Exceeding X100,000 and/or Percent of estimated Work items not included here construction costs 3.25% 3.25% 65 7 RESOLUTION 2010 PROPOSED REVENUE FY 09-10 FY 10-ll ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-57006 Overtime Rate for Construction Inspectors Per Hour 59.35-63.87 59.35-63.87 Construction Inspector overtime rate range. Actual overtime hourly -rate based on Inspectors salary step 08617002-56305 Certificate of Correction Minimum 430.60 430.60 Per Hour 143.54 143.54 08617002-56305 Covenants, Conditions, & Restrictions; Agreements and Minimum 430.60 430.60 Miscellaneous Checking Per Hour 143.54 143.54 08617002-51704 Survey Monument Check Per Hour 394.73 394.73 Maximum 1,184.26 1,184.26 08617002-51704 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 08617002-57790 Abandonment Processing 0 - 600 square feet Per Application 77.03 77.03 Over 600 square feet Per Application 1,736.90 1,736.90 05817002-51705 Encroachment Processing Each 418.45 418.45 01117002-51609 Outdoor Dining Fee Application Fee 442.69 442.69 Annual license fee based on size of dining area Square Foot 0.73 0.73 08617002-51704 Directional Boring Fee Per Linear Foot 0.56 0.56 Trench Cut Fees - Dry Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 16.14 16.14 Resurfaced between 6 and 10 years 14.29 14.29 Resurfaced between 11 and 15 years 13.44 13.44 Resurfaced between 16 and 20 years 10.74 10.74 05817002-53705 Local Street Resurfaced between 0 and 5 years 10.93 10.93 Resurfaced between 6 and 10 years 9.72 9.72 Resurfaced between 11 and 15 years 9.13 9.13 Resurfaced between 16 and 20 years 8.24 8.24 Resurfaced between 21 and 25 years 7.32 7.32 Wet Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 25.09 25.09 Resurfaced between 6 and 10 years 22.20 22.20 Resurfaced between 11 and 15 years 20.89 20.89 Resurfaced between 16 and 20 years 16.71 16.71 05817002-53705 Local Street Resurfaced between 0 and 5 years 17.01 17.01 Resurfaced between 6 and 10 years 15.10 15.10 Resurfaced between 11 and 15 years 14.19 14.19 Resurfaced between 16 and 20 years 12.80 12.80 Resurfaced between 21 and 25 years 11.39 11.39 Changes based on Engineering News Record 66 7 PROPOSED NEW MISCELLANEO US FEES FIRE DEPARTMENT 1) Fire Access Lane Parking Citation SAMC 14-25 Existing Fee: None Proposed Fee: $116.00 The fire department has discontinued issuing parking citations in fire access lanes through the Central Court system and has adopted the citation tool used by the Police Department. This allows for cost savings in citation books and brings the total revenue back to the city. Since the fire department can legally only cite through the adopted fire code and not the California Vehicle Code we must establish our own fee schedule. The proposed fee mirrors the Police Department fee. An estimated $500 in revenue will be generated from this fee. 2) Fire Incident Report/Photographs on Computer Disc (CD) Existing Fee: None Proposed Fee: $20.00 per disc This fee provides the public the opportunity to receive requested incident reports and photographs in a digital format. An estimated $7,500 in revenue will be generated from this fee. 3) Motor Vehicle Incident Mitigation Fees (Subject to City Council approval of implementing ordinance.) Existing Fee: None Proposed Fee: Level 1 response $240.00 per hour Level 1 of service involves scene stabilization and hazardous materials assessment. This is a typical response of a single Engine or Truck company. Existing Fee: None Proposed Fee: Level 2 response $480.00 per hour Leve12 of service involves scene stabilization, hazardous materials assessment and clean up and disposal of any of gasoline and or automotive fluids. This is a typical response with a single Engine or Truck company and the Hazardous Materials Transport Unit. 67 75A-86 FIRE DEPARTMENT (CONTINUED) Existing Fee: None Proposed Fee: Level 3 response X720.00 per hour Level 3 of service involves traffic accident responses on the freeway, advanced scene stabilization and hazardous materials assessment. This is a typical freeway response of two (2) Engine companies and or Truck companies. This fee will replace the current "Haz-Mat Recovery" fee. An estimated $30,000 in revenue will be generated from these fees. PARKS, RECREATION AND COMMUNITY SERVICES 4) Reservation Cancellation/Transfer Fee Existing Fee: None Proposed Fee: $I5. DO This fee will be charged to youth and adult organizations that use athletic and recreation facilities. In 2009 there were over 900 cancellations, no-shows, and transfers for athletic field/court reservation permit holders. These changes require a significant amount of staff time. Charging this fee will partially cover the cost to provide this service and may encourage sport organizations to plan their league seasons more effectively, thus reducing the number of changes requested. If the cancellation/transfer is made less than three days in advance, the full reservation fee, all special fees, and the Cancellation/Transfer are charged. If the cancellation/transfer is made more than three days in advance, the full reservation fee and special fees are refunded, and only the Cancellation/Transfer fee is charged. An estimated $4,000 in revenue will be generated from this fee. 5) Reservation No-Show Fee Existing Fee: None Proposed Fee: $25. DO Organizations that reserve but do not use athletic and recreation facilities prevent others from reserving and using the facilities. Charging this fee may encourage sport organizations to plan their league seasons more effectively, thus making more time available for other organizations to reserve facilities that are in high demand. In addition to the No-Show fee, the full reservation fee and all special fees are charged. An estimated $1,625 in revenue will be generated from this fee. 68 7 7 PARKS, RECREATION AND COMMUNITY SERVICES (CONTINUED) 6) Reservation Permit Processing Fee Existing Fee: None Proposed Fee: $25.00 The processing of annual permits requires a significant amount of staff time. This fee will help partially recover the costs of Reservations staff time needed to process the 30 City annual permits. An estimated $750 in revenue will be generated from this fee. 7) Portable Restroom Fee Existing Fee: None Proposed Fee: $2.76 per hour Portable restrooms are provided at Willard, Monroe, Spurgeon, and Dan Young Soccer Complex Field #4 for use by patrons utilizing the fields for athletic field reservations. The fee is based on an average of the annual cost to provide the service at each site divided by the number of hours of use per year. The fees will partially cover the cost of providing this service. An estimated $13,800 in revenue will be generated from this fee. 8) Santa Ana Senior Center Classroom Fee Group 1 Grouu 2 Grouu 3 Grouu 4 Group 5 Existing Fee: None None None None None Proposed Fee: N/C 17.00 34.00 24.72 49.45 This fee is being added to make this room available for reservation. This fee is comparable to fees charged for similar rooms in our recreation and senior centers and is projected to generate $800 per year. POLICE DEPARTMENT 9) Vehicle Citation Sign Off- SAPD Existing Fee: None Proposed Fee: $5.00 The fee will recover staff time costs associated with signing off vehicle citations issued by Santa Ana Police Department. The proposed fee increase will generate an estimated $5,000 per year. 69 75A-88 POLICE DEPARTMENT (CONTINUED) 10) Digital Media Reproduction Existing Fee: None Proposed Fee: $25. DO The Forensic Services Section has been tasked with the reproduction of video evidence either from analog or digital sources to digital media. The cost to copy said evidence can be time-consuming as often times the duplication requires aone-to-one transfer and cannot be sped up. The estimated cost of $25 per disk is based upon the estimated average employee and material costs to reproduce an evidentiary video. An estimated $1,345 per year is projected from this fee. Other Agencies Fees: City of Orange $15.00 City of Anaheim $50.13 City of Garden Grove $50.00 11) Public Dance Establishments -Extraordinary Police Services (Subject to City Council approval of implementing ordinance.) Existing Fee: None Proposed Fee: $500.00 This fee will cover the costs of extraordinary police services that are associated with establishments that request a Dance Permit fee. It has been determined that such establishments result in an average of an additional 10 hours of Police Officer services per year. An estimated $6,000 per year is projected from this fee. PLANNING AND BUILDING AGENCY 12) Self-nomination of properties to the Santa Ana Register of Historical Properties Existing Fee: None Proposed Fee: $4, 754.00 This fee will be charged to private individuals wishing to have their home added to the Santa Ana Register of Historical Properties. The fee represents a 100% cost recovery and includes all of the administrative costs, research, staff presentations to the Historic Commission, as well as all indirect costs associated with this application type. An estimated $166,390 in annual revenue will be generated from this fee based on a 5-year average of 35 applications submitted per year, 70 7 PROPOSALS TO MODIFYEXISTING FEES Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fees Schedule. FIRE DEPARTMENT 1) Administrative Penalty Fee Schedule Administrative Penalty/Citation Fee as indicated in the Health & Safety Code, section 25514.5. These penalties are set in an escalating tiered manner. The Health & Safety Code "class II" violation is the Fire Department's "1St Administrative Citation." The "class I" violation is the Fire Department's "2"d Administrative Citation." Each penalty in either "class" is for each day the violation(s) occurs. The "new" fees are due to changes in the California Health & Safety Code. The citations listed below shall be issued for the following violations on a per day basis: a. Failure to electronically submit annual certification by specified date. Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $S, 000 -class I b. Failure to establish and or implement a Business Emergency Plan (H & S Code Sec 25503.5) Existing Fee: $392.50 Proposed Fee: $2, 000 -class II / $S, 000 -class I c. Failure to provide a complete Business Plan (H & S Code Sec 25504) Existing Fee: $235.75 Proposed Fee: $2, 000 -class II / $S, 000 -class I d. Failure to complete annual inventory forms (H & S Code Sec 25504 a & 25509) Existing Fee: $235.75 Proposed Fee: $2, 000 -class II / $S, 000 -class I e. Emergency Response Plan absent or incomplete (H & S Code Sec 25504 b) Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $5, 000 -class I f. Employee training program is inadequate (H & S Code Sec 25504 c) Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $S, 000 -class I 71 75A-90 FIRE DEPARTMENT (CONTINUED) g. Failure to submit Business Emergency Plan (H & S Code Sec 25505) Existing Fee: $235.75 Proposed Fee: $2, 000 -class II / $5, 000 -class I h. Failure to review and or update Business Emergency Plan (H & S Code Sec 25505 c) Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $S, 000 -class I i. Failure to annually submit Hazardous Materials Inventory form (H & S Code Sec 25505 d) Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $S, 000 -class I j. Failure to immediately report a release or threatened release. Existing Fee: $0.00 -new Proposed Fee: $S, 000 - class I (only) k. Site Map is incomplete or insufficient (H & S Code Sec 25509 a 5) Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $S, 000 -class I 1. Business Owner/Operator information is incomplete or needs updating (H & S Code Sec 25510) Existing Fee: $235.75 Proposed Fee: $2, 000 -class II / $S, 000 -class I m. Failure to update Hazardous Materials inventory (H & S Code Sec 25510) Existing Fee: $235.75 Proposed Fee: $2, 000 -class II / $S, 000 -class I n. Failure to provide name, title and 24hr. phone number of emergency contact (H & S Code Sec 25509 a 7) Existing Fee: $0.00 -new Proposed Fee: $2, 000 -class II / $S, 000 -class I The fee increases are to conform to the California Health and Safety code section 25514. An estimated $7,500 per year is projected from this fee increase. 72 75A-91 PARKS, RECREATION AND COMMUNITY SERVICES 2) Jerome Recreation Center Gymnasium Group 1 Group 2 Group 3 Group 4 Group 5 Existing Fee: N/ C 29.87 60.77 43.26 87.05 Proposed Fee: N/ C 63.00 126.00 90.00 181.00 This fee increase will bring the fees for the Jerome Center Gymnasium in line with the fees charged for the Salgado Center Gymnasium. Jerome Recreation Center is going through a major renovation, which will include a higher quality gym than what was previously in place. An estimated $13,600 per year is projected from this fee increase. 3) Vacation Recreation Existing Fee: X43.52 per week Proposed Fee: ~75.OO per week This fee increase will partially recover the cost of providing Vacation Recreation programming for children ages 6-12 during the summer months at the City's 5 recreation centers, which is approximately $180,000. The current revenue generated for this program is approximately $63,000 and the increase will further reduce the City's subsidy. An additional $37,775 is projected from this fee increase. 4) Youth Sports Registration Fee Existing Fee: $14.78 Proposed Fee: X25. o0 This fee increase is being proposed to help reduce the General Fund subsidy for the youth sports program, Other Orange County cities, including Fountain Valley, Garden Grove and Anaheim charge between $40 and $75 for comparable programs. An additional $5,110 is projected from this fee increase. 5) Athletic Field Lighting Fees Existing Fee: Adult Non-Resident/Profit: $40.00 per hour Adult Non-Resident/Non-Profit: $35.00 per hour Adult Resident/Profit ~$25.OD per hour Adult Resident/Non-Profit ~$20.OD per hour Proposed Fee: Adult Non-Resident/Profit: ~$44.OD per hour Adult Non-Resident/Non-Profit: $39.00 per hour Adult Resident/Profit ~$29.OD per hour Adult Resident/Non-Profit ~$24.OD per hour The Parks, Recreation and Community Services Agency estimates that it subsidizes $300,000 in athletic field lighting expenses on an annual basis. The proposed fee increase will help reduce the city's subsidy. An additional $9,100 is projected from the fee increase. 73 7 PARKS, RECREATION AND COMMUNITY SERVICES (CONTINUED) 6) Santiago Lawn Bowling Greens Existing Fee: $350.00 per month Proposed Fee: $700.00 per month This fee provides access to the two greens, small office area and restroom facilities. The proposed fee increase will generate approximately $950 and will help offset the General Fund subsidy for this facility. POLICE DEPARTMENT 7) Citation Sign Off -Non-SAPD Existing Fee: $10.00 Proposed Fee: $1 S. 00 The fee will recover staff time costs associated with signing off vehicle citations issued from other agencies. The proposed fee increase will generate an estimated $600 per year. PUBLIC WORKS AGENCY 8) Newsbox Permits and Inspection Existing Fee: Initial/Renewal Permit Fee (per publication) $157.91 Proposed Fee: Initial/Renewal Permit Fee (per publication) $160.00 Existing Fee: Initial Inspection Fee (per newsbox) $24.23 Proposed Fee: Annual Inspection Fee (per newsbox) $41.61 To effectively manage the City's right-of-way, the City issues an annual permit for each publication. This process includes a review of insurance documents, updating the city's database and a visual inspection of each newsbox. When the program was developed, the fee structure included aone-time newsbox inspection. However, in practice an annual inspection is required to insure compliance with placement and maintenance requirements of the Municipal Code. Currently program costs exceed revenues by approximately $20,000 annually. An estimated $20,000 per year will be generated from these modifications to make the program self sustaining. Staff has reviewed the fees of 19 cities in Orange, Los Angeles, Riverside, and other California counties. Most cities impose an annual newsbox fee that ranges from $10.00 to $134.40. The proposed Annual Inspection Fee of $41.61 is in line with the findings, and in many cases is lower than average. The existing Initial Permit Fee and Renewal Permit Fee have also been increased to make the program self sustaining. 74 75A-93 PUBLIC WORKS AGENCY (CONTINUED) 9) Notice of Abatement Fee -Multiple Posting Fee in 12-Month Period Existing Fee: $35.00 Proposed Fee: $58.00 The City Council has authorized the imposition of a standard charge to recover additional administrative costs incurred by the City for parcels requiring more than one (1) notice of abatement in any twelve-month period. The Notice of Abatement Multiple Posting Fee has not been increased since its adoption in 1996. The proposed increase will help offset staff costs of posting the same property more than once in a twelve month period and will cover costs associated with inspection, posting and notice preparation. Currently, the City does not recover its cost for posting the first Notice to Clean Premises, during a twelve month period. 10) Permit Parking Fee Option 1-Bi-Annual Renewal Cycle Retained Existing Fee: $35.47/permit (Bi-Annual Renewal) Proposed Fee: $90.00/permit (Bi-Annual Renewal) Option 2 New Annual Renewal Cycle Employed Existing Fee: $35.47/permit (Bi-Annual Renewal) Proposed Fee: $50.00/permit (Annual Renewal) The proposed increase offsets staff costs associated with operating the day-to-day permit parking program. Currently, the city subsidizes $220,000/year to run this program. The proposed fee helps recover the remaining public works agency costs to run this program. 11) Metered Water Rates Existing Fee: Base Rate Per 100 Cubic Feet $2.673 Tail Block Rate Per 100 Cubic Feet $3.097 Proposed Fee: Base Rate Per 100 Cubic Feet $2.727 Tail Block Rate Per 100 Cubic Feet $3.151 The City owns and operates the local water utility and charges customers for the water usage. The average Santa Ana household uses less than 44 units of water bi-monthly. One unit is equal to 100 cubic feet (CCF) or 748 gallons. A bi-monthly cycle is used because water bills are mailed out and due every two months. A customer whose bi-monthly usage exceeds the base rate allocation of 44 units pays the tail block rate. The proposed 2.0% water rate adjustment consists of a 0.6% cost decrease for commodity adjustment and a 2.6% cost increase of providing metered water service to fund additional capital improvements. The proposal will adjust the base rate by $.0536 and the tail block rate by $.0536 per unit. The typical monthly water bill of 20 units would increase by $1.07 and the typical bi-monthly bill of 40 units would increase by $2.14. 75 75A-94 PUBLIC WORKS AGENCY (CONTINUED) 12) Sanitary Sewer Service Rates Existing Fee: Unit Rate Per 100 Cubic Feet of metered water use $0.338 Or Per Month Per SFH $6.760 Proposed Fee: Unit Rate Per 100 Cubic Feet of metered water use $0.388 Or Per Month Per SFH $7.760 Fee Description: The Sanitary Sewer Service fee is used to maintain the City's sanitary sewer collection system. Services covered by the fee include repair and replacement of sewer mains and laterals located within the street right of way. The fee is also used to fund ongoing maintenance and cleaning of the sewer mains. The proposed increase is a $0.05 increase per 100 cubic feet of water used. The typical monthly residential sewer bill will increase by $1.00 and the typical bi-monthly bill will increase by $2.00. For single family residential customers that do not receive water service from the City, a flat rate based upon 20 CCF of water usage is charged. The 2009-10 flat rate is $6.76 per month. The 2010-11 flat rate will be $7.76 per month. 76 75A-95 75A-96 REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended PUBLIC HEARING -RESOLUTION ? As Amended ? Ordinance on 1S` Reading REVISING THE METERED WATER RATE ? Ordinance on 2"d Reading AND SEWER SERVICE CHARGE OF THE ? Implementing Resolution ? Set Public Hearing For CITY ~ ~ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution revising the metered water rate and sewer service charge of the City effective July 1, 2010. DISCUSSION Background The City's metered water rate and sewer service charge are adjusted annually as part of the overall City budget process. The proposed increased rates will enhance the City's Capital Improvement Program (CIP) to ensure sufficient water and sewer capacity. With the increased rates to fund the CIP and maintenance programs, we will continue to reduce the number of leaks and spills. The City's water and sewer systems consist of over 860 miles of pipelines combined. The life expectancy of these pipelines varies from 50 to 75 years. Many pipelines are nearing or have already exceeded their useful life. To insure reliability of these systems, a minimum of 6 miles of water mains and 8 miles of sewer mains should be replaced each year. The attached Exhibits 2 and 3 cover some of the considerations related to planning for the water and sewer CIP programs. Proposed Rate Increases Both the water and sewer consumption rates are based on 100 cubic foot (CCF) units of measurement (approximately 748 gallons). The water rate has two tiers. The Base Rate includes consumption up to 44 CCF during a bimonthly billing period. The typical single-family residential customer consumes approximately 40 CCF during a bimonthly billing period. The Tail Block Rate is charged for all water consumed above the Base Rate allocation. The sewer service charge is a flat charge based on metered water consumption at a premise. The current water Base Rate of $2.673 per CCF is proposed to increase to $2.727. The Tail Block Rate is proposed to increase from $3.097 to $3.151 per CCF. The Sewer Service Charge is proposed to increase from $0.338 to $0.38$„~~C~. i Public Hearing -Resolution Revising the Metered Water Rate and Sewer Service Charge of the City June 7, 2010 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. FISCAL IMPACT The water Base Rate increase of $0.0536 per CCF will add $1.07 to the typical single family monthly water bill of 20 CCF. The typical monthly sewer bill will increase by $1.00. APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agenc~~ Exhibit: 1. Resolution Exhibit: 2. Water Infrastructure CIP Considerations Exhibit: 3. Sewer Infrastructure CIP Considerations 75B-2 JxsS/11/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Santa Ana Municipal Code, Chapter 39, Article II regulates connection to water mains within the City. i. Pursuant to Santa Ana Municipal Code section 39.21 the City Council shall set metered water rates by resolution. 2. The metered water rate shall be set to maintain a potable water supply and provide standby readiness. 3. It is necessary to increase the metered water rate to reimburse the City for increased costs of repair, replacement, and maintenance of the water system and facilities, including increased materials, labor and overhead costs and water capital improvement program costs. B. Santa Ana Municipal Code, Chapter 39, Article III regulates connection to sewer mains within the City. 1. Pursuant to Santa Ana Municipal Code section 39.55.4 the City Council shall set reasonable sewerage service fees by resolution. Said fee shall be used to operate, maintain, repair and replace the City owned sewer system and facilities. 2. It is necessary to increase the sewer service charge to reimburse the City for increased costs of repair, replacement and maintenance of the sewer system and facilities, including increased materials, labor and overhead costs and sewer capital improvement program costs. 3. The rate increase will be placed into a fund that will be used only to repair and replace sewer mains and laterals located within the street right of way, and which have outlived their useful life and provide preventive Resolution No. 2010-XXX Page 1 of 3 75B-3 maintenance and operation of the sewer collection system. No moneys from this fund would be placed in the city's general fund. 4. There is a reasonable relationship between the imposition of the fee imposed in that the use of the sewer creates an impact on its condition, requiring its maintenance, repair and replacement. C. On June 7, 2010, the City Council of the City of Santa Ana held a noticed public hearing to review the proposed metered water rate and sewer rate increases. D. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above-specified findings. Section 2: The Metered Water Rate is hereby set as follows: Water Usage Charge -water consumption charge based on units of one- Hundred cubic feet (750 gallons) 0 - 44 ccf (units) $2.727 Over 45 ccf (units) $3.151 Multifamily Dwelling 0-44 ccf of water per dwelling unit $2.727 Over 45 ccf per dwelling unit $3.151 Section 3: The Sanitary Sewer Charge is hereby set as follows: Sewer Service Charge Per unit of water $0.388 Bi-monthly flat charge (un-metered) $15.52 Section 4: If any charge, fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: The increased metered water rate and sanitary sewer fees shall be operative from and after July 1, 2010. Ordinance No. NS-XXX Page 2 of 3 75B-4 ADOPTED this day of June, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2010-XXX 75B-5 Page 3 of 3 75B-6 Water Infrastructure C.I.P. Considerations The City's water system consists of approximately 476 total miles of water mains. About 217 miles of this total are old cast iron mains that will need to be replaced due to leaks caused by corrosion. Approximately 103 miles of mains are more than 50 years old and 23 miles are over 75 years old. The estimated life of water mains is about 75 years. With 476 miles, we should be replacing at least 6 miles per year. Age of Water Mains Water Main Material 23 Miles ¦ 0-49 Years Old • . ¦ Cast Iron - . . ¦ 50-74 Years Old ¦ Other 75+ Years Old 4~ ~ - For purposes of calculating a rough budgetary estimate of the cost of the entire water distribution system, the following assumptions will be used: All new water mains will be 8" diameter. This will result in a low estimate, since many pipelines are larger than 8" (Our system includes water mains from 6" to 30" in diameter, however 92% are 12" and smaller). The cost for 8" water main (including meters, valves and fire hydrants) is $230 per linear foot. This cost includes $170 per linear foot for construction and an additional 35% for design, inspection, street repaving and other contingencies (10% for design, 10% for inspection, and 15% for repaving and contingencies). Based on the above figures and assumptions, the total replacement cost of the water main system is approximately $578,000,000. In addition to water mains, water production facilities are also funded out of the CIP. These facilities include reservoirs, pump stations and wells. While the life span of these facilities can vary, for rough budgeting purposes a 75 year average life is reasonable. All of these types of facilities will require either replacement or significant rehabilitation in that timeframe. The City's 2010 Property Schedule (used for insurance purposes) shows the total replacement cost for all water production facilities to be $89,000,000. The total replacement cost of the entire water distribution system (mains and productions facilities) is $667,000,000. Assuming a 75 year life cycle for replacement, the annual water CIP would need to be $8.9 million. We are planning to spend $6 million during FY 2010/11 for water CIP improvements, which includes $1.2 million from the proposed 2% water rate increase and a $3.1 million prior year carry forward from savings in the water fund. This prior year carry forward amount varies widely from year to year and should not be considered along-term revenue source for the water CIP. Capital Improvement Costs v Current Capital Improvement J Prior Year Carry Forward u 2 % Water Rate Increase $10,000,000 ~ _ 8.9 M $8,000,000 1.2 M $6,000,000 N... 3.1 M - $4,000,000 % $2,000,000 ~1J M -----r----------- --f FY 2010/11 CIP 75 Year Replacement Cyle Exhibit 2 75B-7 75B-8 Sewer Infrastructure C.I.P. Considerations The City's sewer system consists of approximately 390 miles of sewer mains, 45,000 laterals, and 7,600 manholes. Approximately 185 miles of mains, or more than 47% of the existing sewer mains are over 50 years old. In addition, 86 miles of the existing sewer system is 6" pipe which is not in line with today's standards. The Water Resources Division is using other technologies to extend the life of existing sewer mains. Where feasible, mains, laterals and manholes are being lined using various processes as appropriate. Age of Sewer Mains 6" Diameter Sewer Mains - " ~ ¦ 50+ Years Old ¦ 6" Mains ` ¦ Rest of System ¦ Other 0 ears. With 390 miles, we should be replacing he service life of sewer mains is assumed to be 5 y For preliminary estimation purposes, t at least 8 miles per year. For purposes of calculating a rough budgetary estimate of the replacement cost of the entire sewer collection system, the following assumptions will be used: All new sewer mains will be 8" diameter. This will result in a low estimate, since many pipelines are larger than 8" (Our system includes lines from 8" to 24" in diameter, however 97% are 15" and smaller). The cost for 8" sewer main is $140 per linear foot, the cost of a lateral is $4,800, and the cost to replace a manhole is $6,000. The above costs are construction only. They do not include design, inspection, street repaving, or other contingencies. The total figure shown below includes an additional 35% to account for these items (10% for design, 10% for inspection, and 15% for repaving and contingencies). Based on the above figures and assumptions, the total replacement cost of the sewer collection system is approximately $742,000,000. Assuming that 8 miles per year are replaced (50 year replacement cycle), then the annual sewer CIP would need to be $14.8 million. We are planning to spend $2.4 million during FY 2010/11 for sewer CIP improvements. Capital Improvement Costs $14.9 M $15,000,000.00 ~ ~ - I $10,000,000.00 - - 2.4 M $5,000,000.00 - ' ~ -w FY 2010/11 CIP 50 Year Replacement Cyle Exhibit 3 75B-9 75B-10 RILCO -ESSEX ~~c 1 143 CRANE STREET, SUITE 2D? !t MENL? PARK, CALIFORNIA 940 2 5-434 1 PHONE: 650-32B-CI62? FACSIMILE: 65D-323-539? E-MAIL: JKU ECHLER@HIH P.COM HENRY N. KU ECH LER IV VICE PRESIDENT April 26, 2010 Office of the Clerk of the Council Santa Ana (;'ity Hall 20 Civic Center Plaza Santa Ana, CA 92701 Re: Protest of Proposed Increase in Water and Sewer Rates As the owner of Essex Corporate Center, the property located at 1900 Carnegie Avenue in Santa Ana, parcel number 430-221-22, I formally protest the proposed increase in water and sewer rates. Please present this letter of protest at the City Council meeting on June 7, 2010. If you have any questions, please do not hesitate to contact me. Sincerely, e`" a~~ Henry N. Kuechler IV Enclosure Reclaimed Island Lands Company 1143 Crane Street, Suite 200 Menlo Park, CA 94025 Offic Sant 20 C San' J:\RILCO Essex\RILCOessex30001.wpd 75B-11 . _ . _ _ 75B-12 r~ J Bruce and Barbara Ashwill 3181 Cameron Park Drive, Suite 105 Cameron Park, CA 95682 April 29, 2010 Office of the Clerk of the Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed Water and Sewer Rate Increase Dear Santa Ana Council, am the owner of 2521 N. Grand Avenue, Santa Ana, APN# 396- 361-05. My City of Santa Ana Account number is 4-9993.300. I am strongly opposed to the proposed rate increase for 2010-2011. Especially in this economy, how can you expect anyone to absorb an additional 14.8% increase in sewer rates and the 2%-1.7% increase in water rates? Sincerely, Barbara Ashwill 75B-13 NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS AND /OR CUSTOMERS OF CITY WATER AND SEWER SERVICE 2 ~ Z~I~ !'ir NOTICE IS HEREBY GIVEN that on June 7, 2010 at 6:00 p.m., or as soon as possible thereafter in the Council Chambers, 22 Civic Center Plaza, Santa Ana, California, the Santa Ana City Council will hold a public hearing to establish certain fees and charges for water and sewer services furnished by the City for Fiscal Year 2010-2011. The fees and charges, if approved by the City Council, will be effective July 1, 2010. A full schedule of fees is below. Interested persons may appear and be heard on any matter. Written protests by those receiving this notice will be considered if submitted no later than 5:00 pm on the day of the hearing to the Office of the Clerk of the Council, Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92701. For more information call (714) 647-5454. 1. THE PROPOSED INCREASE IN CHARGE: Water Usage Charge Sanitary Sewer Charge Base Rate Increase $0.0536 per CCF* Per Water Unit Used Increase $0.05 per CCF* Tail Block Rate Increase $0.0536 per CCF" Unmetered Increase $2.00 bi-monthly * Water rates are measured on 100 cubic feet (CCF) units (approx. 748 gallons.) The Base Rate is for the first 44 CCF used in a bi-monthly billing period. The Tail Block Rate is for all water used in excess of the base rate limit. Water rates are composed of a service meter charge and a water usage charge. Only the Water Usage Charge component of water fees is proposed to be increased as shown on the chart. The sanitary sewer service fee is charged based on water consumption used at a premise. 2. BASIS UPON WHICH THE AMOUNT OF THE PROPOSED CHANGE IS CALCULATED Water Usage Charge Increase $0.0536 per CCF for the base water rate for increased costs for direct water operations/capital projects. $0.0536 per CCF for water tail block rate for increased costs for direct water operations/capital projects. Sewer Charge Increase $0.05 per CCF for increased costs for direct sewer operations/capital projects. 3. THE REASON FOR THE INCREASED CHARGE These charge increases are designed to recover the City's actual increased costs in providing the water and sewer services, including repair, maintenance, and replacement of the water and sewer infrastructure. The typical monthly water bill of 20 units would increase by $1.07. The typical monthly sewer bill would increase by $1.00. Proposed Water Service Char es Current Pro osed 7/1/10 Service Meter Charge.- a fixed bi-monthly charge based on meter size: Most domes & sma0 businesses have a 5/8" mater. Meter Size 5/8" meter $7.00 $7.00 3/4" meter $11.00 $11.00 1"meter $16.40 $16.40 1.5" meter $23.40 $23.40 2" meter $46.40 $46.40 3" meter $116.60 $116.60 4" meter $186.60 $186.60 6" meter $280.00 $280.00 Multifamily Dwelling Unit - base meter char e $4.20 $4.20 Water Usage Charge -water:consumption charga.based on units of one-hundred cubic feet (750 allons ~ 0 - 44 ccf units ` $2.673 $2.727 o2°la Over 45 ccf units * $3.097 $3.151 9a If~I~Rifamily D~nelling ~ . 0-44 ccf of water er dwellin unit* $2.673 $2.727 a ~a Over 45 ccf er dwellin unit* $3.097 $3.151 ? ~o Sewer Service Charge; Per unit of water $0.338 $0.388 ~T• $ Bi-month) flat char a un-metered $13.520 $15.520 g 9e 'Proposed rates include -$.0146 per ccf automatic pass-through for commodity decreases for water and electrical costs. 75B-14 r, -S TO: Santa Ana City Council FROM: Mrs. Lori Barrett DATE: April 28, 2010 EMAIL: Irbarrettl[a)~att.net SUBJECT: Sewer Charge Increase We are not hooked up to a sewer but to a septic tank; therefore, we should not be charged any sewage fees. Thank you. Lori & Bob Barrett 75B-15 75B-16 Bruce and Barbara Ashwil! 3181 Cameron Park Drive, Suite 105 Cameron Park, CA 95682 April 29, 2010 Office of the Clerk of the Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed Water and Sewer Rate Increase Dear Santa Ana Council, I am the owner of 2525 N. Grand Avenue, Santa Ana, APN# 396- 361-05. My City of Santa Ana Account number is 4-9992.300. I am strongly opposed to the proposed rate increase for 2010-2011. Especially in this economy, how can you expect anyone to absorb an additional 14.8% increase in sewer rates and the 2%-1.7% increase in water rates? Sincerely, l._ Barbara Ashwill 75B-17 NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS AND /OR CUSTOMERS OF CITY WATER AND SEWER SERVICE ,F APR ~ ~ ~~i~ NOTICE IS HEREBY GIVEN that on June 7, 2010 at 6:00 p.m., or as soon as possible thereafter in the Council Chambers, 22 Civic Center Plaza, Santa Ana, California, the Santa Ana City Council will hold a public hearing to establish certain fees and charges for water and sewer services furnished by the City for Fiscal Year 2010-2011. The fees and charges, if approved by the City Council, will be effective July 1, 2010. A full schedule of fees is below. Interested persons may appear and be heard on any matter. Written protests by those receiving this notice will be considered if submitted no later than 5:00 pm on the day of the hearing to the Office of the Clerk of the Council, Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92701. For more information call (714) 647-5454. 1. THE PROPOSED INCREASE IN CHARGE: Water Usage Charge Sanitarv Sewer Charge Base Rate Increase $0.0536 per CCF'` Per Water Unit Used Increase $0.05 per CCF* Tail Block Rate Increase $0.0536 per CCF* Unmetered Increase $2.00 bi-monthly '`Water rates are measured on 100 cubic feet (CCF) units (approx. 748 gallons.) The Base Rate is for the first 44 CCF used in a bi-monthly billing period. The Tail Block Rate is for all water used in excess of the base rate limit. Water rates are composed of a service meter charge and a water usage charge. Only the Water Usage Charge component of water fees is proposed to be increased as shown on the chart. The sanitary sewer service fee is charged based on water consumption used at a premise. 2. BASIS UPON WHICH THE AMOUNT OF THE PROPOSED CHANGE IS CALCULATED Water Usage Charge Increase $0.0536 per CCF for the base water rate for increased costs for direct water operations/capital projects. $0.0536 per CCF for water tail block rate for increased costs for direct water operations/capital projects. Sewer Charge Increase $0.05 per CCF for increased costs for direct sewer operations/capital projects. 3. THE REASON FOR THE INCREASED CHARGE These charge increases are designed to recover the City's actual increased costs in providing the water and sewer services, including repair, maintenance, and replacement of the water and sewer infrastructure. The typical monthly water bill of 20 units would increase by $1.07. The typical monthly sewer bill would increase by $1.00. Proposed Water Service Char es Current Pro osed 7/1/10 Service Meter Charge - a fixed bi-monthly chal'ge,based on meter size: Most homes'& small 5usinesses have a 5/8'-meter. Meter Size 5/8" meter $7.00 $7.00 3/4" meter $11.00 $11.00 1"meter $16.40 $16.40 1.5" meter $23.40 $23.40 2" meter $46.40 $46.40 3" meter $116.60 $116.60 4" meter $186.60 $186.60 6" meter $280.00 $280.00 Multifamily dwelling Unit - base meter char a $4.20 $4.20 Water Usage Cktarge - avaterconsumption charge based or~units of - ane-hundred cubic feet (750 alloris 0 - 44 ccf units ' $2.673 $2.727 o2°~-p Over 45 ccf units ' $3.097 $3.151 ~,7 Multifamily Dvrr~lling 0-44 ccf of water er dwellin unit' $2.673 $2.727 a ~o Over 45 ccf er dwellin unit' $3.097 $3.151 1, ? 90 Sewer Service Charge Per unit of water $0.338 $0.388 ~T• $ ~o Bi-month) flat char a un-metered $13.520 $15.520 * Proposed rates include -$.0146 per ccf automatic pass-through for ~ g ~ commodity decreases for water and electrical costs. 75B-18 ~ Ma o 03 2010. Y / `R ~ ~ ~=r,~ fit ~p~ j~ 4 From: Fidel Lopez ~ ( 1626 West Mc Fadden Ave. ~ ~"l/ ~C C Santa Ana,CA.92704. City of Santa Ana Attn: Consejo de la Ciudad de Santa Ana, 22 Civic Center Plaza, Santa Ana,CA. En atencion a su aviso de audiencia piiblica que nos hacen a los propietarios y/o clientes de agua y servicio de alcantarillado de la Ciudad; me permito informarles en forma muy respetuosa que es mucho agregar $ 2.00 cada dos meses, debido a to difl`cil de la situacion financiers que un servidor estamos pesando( et trabajo muy despacio y el ingreso bajo). Yo he observado que ano con ano hay aumento en la tarifa del agua y por to menos en dos o tres anos deberian dejar la misma tarifa; considero que si es $0.50 por propietario de Casa o duenos de pequenos negocios es muchisimo dinero to que reuniran, Senor Alcalde de la Ciudad, le suplico por favor, considere mi petition, no nos aumente los $ 2.00 por cada dos meses ahora que la situacion economics esta en una grande cnsis, es mucho dinero por cada uno de los que vivimos aqui en el Condado de Orange. Ahora bien, podria considerar a las personas a los que somos de BAJO RECURSOS con una tarifa mss baja y a los de ALTOS RECURSOS una tarifa mss alts. Pido disculpas a mi humilde opinion y respuesta a su proyecto, pero considerela por favor, porque Como yo, habemos bastantes consumidores que estamos atravesando dificil situacion economics y ano con ano aunque es poca.;la cuota que propone, siempre esta habiendo aumento y a la larga nos esta afectando mucho orque el recibo nos esta Ilegando muy alto. j%f T I Y < < 1 Res, etuos ent~~~ ' FIDEI: L EZ RIVERA (714)315-7565 ' 75B-19 75B-20 osio7i2olo To whom it may Concern: My name is Cindy Velazquez and I live with my mother, who is the home owner, at the following address, 1014 E. Cherry St. Santa Ana, CA 92706. The reason for this letter is to inform you of my concerns as far as the water increase. I oppose to the fact, not only we going to be taxed more, on our monthly bill, but our water bill will be higher. So if this letter means anything then this is my request please, keep the water rates the same as they have been. Thank you fo our time, indy _r~ E ~ ri 75B-21 75B-22 Carol Winters, CPA, CFE 932 W. 19th Street Santa Ana, CA 92706-3518 carolwinters@sbcglobal.net May 7, 2010 City Council Members Santa Ana City Council Office of the Clerk of the Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Dear Council Members, This letter is to express my objection to the proposed water and sewer rate increases. The reasons for the rate increases "to recover the City's actual increased costs in providing the water and sewer services, including repair, maintenance, and replacement of the water and sewer infrastructure." is erroneous and not supported by financial data available. The citizens of Santa Ana have been hurt by the financial crisis and recession. Many have lost their jobs, others, like myself have taken pay cuts. We are conserving water, as evidenced by the reduction in water usage, trying to do our part for the benefit of our community. I ask that the City Council reject the proposal for increasing rates that are not necessary nor prudent. Thank you, Carol Winters-Crosby, CP ~ CFE f~" 'l 4~~/~~ `~~~i'.~~ G ~ene L. Crosby 75B-23 75B-24 City of Santa Ana ! ~5t Date: 13 May 2010 Simon Chang 2109 W. Adams St. Santa Ana, CA 92704 Recently we have received a notice from the Public Works Agency about increasing additional fees and charges on water and sewer services. As a result of additional financial burden to our family, we object these proposals. So please consider our concern seriously and hope that our voice can be heard in the public hearing on June 7, 2010. Thank you for your time and understanding. Truly regards, Simon Chang 75B-25 75B-26 Name Address May 7, 2010 ~ . (fC''-P ~rv1n l~u ~~~7 e ~ City Council Members Santa Ana City Council Office of the Clerk of the Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Dear Council Members, This letter has been written to express our objection, as residents of the city of Santa Ana, to the proposed water and sewer rate increases. The reasons for the rate increases -"to recover the City's actual increased costs in providing the water and sewer services, including repair, maintenance, and replacement of the water and sewer infrastructure"-are erroneous and are not supported by the current financial data available. It is important to mention that these increases do not help businesses' expansion, and therefore perpetuate a slowdown of the local economy. As you may already know, the residents of Santa Ana have been severely hurt by the financial crisis and current recession. Many residents have either lost their jobs or have taken pay cuts. Our community is conserving water and evidence exists that our water usage has been reduced for the benefit of the general public. On behalf of our community, I urge that the City Council reject the proposal to increase the rates which are neither necessary nor prudent. Thank you. Regards,,-- r+-, r~ e: 4., 75B-28 Name Address ! 7o~~~t~ May 7, 2010 Coq ~C,z 70~ City Council Members Santa Ana City Council Office of the Clerk of the Council ~ Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Dear Council Members, This letter has been written to express our objection, as residents of the city of Santa Ana, to the proposed water and sewer rate increases. The reasons for the rate increases -"to recover the City's actual increased costs in providing the water and sewer services, including repair, maintenance, and replacement of the water and sewer infrastructure"- are erroneous and are not supported by the current financial data available. It is important to mention that these increases do not help businesses' expansion, and therefore perpetuate a slowdown of the local economy. As you may already know, the residents of Santa Ana have been severely hurt by the financial crisis and current recession. Many residents have either lost their jobs or have taken pay cuts. Our community is conserving water and evidence exists that our water usage has been reduced for the benefit of the general public. On behalf of our community, I urge that the City Council reject the proposal to increase the rates which are neither necessary nor prudent. Thank you. Regards, 75B-29 75B-30 MATERIALS TO FOLLOW 80A-7 80A-2