HomeMy WebLinkAbout19F - RECEIVERSHIP REAL PROPREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 5, 2017
TITLE:
AUTHORIZATION TO FILE AND
PROSECUTE RECEIVERSHIP
ACTIONS AGAINST OWNERS OF
REAL PROPERTIES LOCATED IN THE
CITY OF SANTA ANA
{STRATEGIC PLAN NO. 3, 3} /
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1B1 Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the filing and prosecution of receivership actions against the owners of the following
properties based on nuisance conditions resulting from health and safety violations of the City's
Municipal Code for an amount not to exceed $90,000:
1. 533 E. Washington — General Code Enforcement
2. 1020 S. Hickory — General Code Enforcement
3. 3604 W. Hazard — General Code Enforcement
4. 1244 S. Parton — General Code Enforcement
5. 1029 W. 2nd — General Code Enforcement
DISCUSSION
The City has successfully resolved several difficult code enforcement matters by using the
California Health and Safety Code Receivership process. California Health and Safety Code
section 17980.7 allows a city to seek the appointment of a receiver over a substandard property
that has been previously cited for violations which pose health and safety risks. The powers
granted to a receiver are broad, the receiver may: (1) take full and complete control of the
property; (2) manage the property and pay expenses of the operation of the property; (3) secure
a cost estimate and construction plan from a licensed contractor for the repairs necessary to
correct the substandard conditions; (4) enter into contracts and employ a licensed contractor
as necessary to correct substandard conditions; (5) borrow funds to pay for repairs necessary
to correct substandard conditions; and (6) secure debt, with Court approval, with a recorded
first lien on the property, first in priority to all other liens. (Ibid., Code Civ. Proc. § 568.)
The use of the receivership option is a dramatic, immediate and comprehensive process that
eliminates slum conditions or habitually substandard properties at no expense to the referring
agency when it is the prevailing property. This process also communicates to the public that
the City is actively protecting resident and tenants from dangerous conditions created by
absentee and recalcitrant property owners
'19F-1
Authorization To File And Prosecute Receivership Actions Against
Owners Of Real Properties Located In The City Of Santa Ana
September 5, 2017
Page 2
In previous actions, the City has obtained full Code compliance and has fully recovered both
staff and attorney expenses. The City Council previously allocated $100,000 to code
enforcement and receiver actions. The Code Enforcement Division of the Planning and
Building Agency has identified the above listed properties as candidates for receivership
actions based on the severity of violations or length of non-compliance. Attached is a
PowerPoint presentation with pictures of the real properties listed above.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objectives #3 (Promote a solution -based customer focus in all efforts to facilitate development
and investment in the community); Goal #5 — Community Health, Livability, Engagement &
Sustainability, Objective #4 (Support neighborhood vitality and livability), and Strategy E
(Implement innovative code enforcement practices and strategies including the use of
volunteers, enhanced technologies and increased collaboration with other City departments
and outside agencies to address critical livability issues citywide [e.g. overcrowding, absentee
landlords, landlord/tenant rights and responsibilities, etc.]).
FISCAL IMPACT
The City Attorney's Office has negotiated a per case fee arrangement for the receiverships
such that the City's exposure to fees will not exceed $18,000 (per case). As funds are
recovered under the receivership process, those funds will be applied to replenish the account
and utilized to continue the receivership program.
Funding is budgeted and available, for FY 2017-18 in the City Services Fund — Contractual
Services (05316021-62300) - $ 43,000 and CDBG Fund — Contractual Services (13518783-
62300) - $ 47,000 (use of funds may be applied in CDBG eligible areas only).
Sonia R. Carvalho
City Attorney
City Attorney's Office
Candida Neal
Acting Executive Director
Planning & Building Agency
APPROV D AS TO FUNDS AND ACCOUNTS:
A Francisc utierrez
Executive Director
Finance and Management Services Agency
Exhibit 1: PowerPoint presentation regarding listed properties
19F-2
4S
to
W
W
C.)
W
J
Q
W
LL
W
H
Z
W
2
W
Q
m
Q
O
N
W
m
W
H
am
W
N
i
Q�
LLI
Z
Lu
LL
0 -
LL
L-
NO
U Q
O
N N
Z
O
F-
E E
Z
0
U
LL
0
I--•
Z
W
W
F -
Q
N
N OM
W-000
0') O o
+� O
ca t
d 0 0 y N
�f6 a..NaNvc
O' C Q IL)
O O
i O
UAa�0
OrL.C>
o� � Q
d i a) a a
OUN m rca
0.
'CL
a
bA
ca 0. N O:. N..
N O Y O. O y O� E
V O O R a O N O
iv ca O r00
cacuEw _0
Qa > a mow_ os
tea. ti m
M i O N N V -a a
Ca+ di�i i N C
�(nO.y o�
.O 0++. Naw- N
rl N O.Nt MW ym
19F-4
A
N
U
c
m
_
f0
a
=
O
�aU
CL
m
o
o
0
a
m
a
=
a
m
r
c
o
o
a
O
E
Rw
c0
s
y
N
O
N
O
V
M
O
7
M
M
X
i
.5
to
2
J
W
F-
19F-4
9
c�
3
cu —
%o ca
U
.CD O
V _
O
1GA O
CU N
E Om
W
I-
0 O
N
X
O
c6
N
a
O
.a
O
O
Q
tD
O
I
D
CD
1 1
N
O
O
�W^
/R
E
^L,
W
-W
2c
T
�J
L yulwl
0-
0 O
,W
V
cu E
O
O
CU
iyyy
n u
vi •�
D
CD
N7
N
O
O
Q
�{
tl
x
I
E
O
O
s.
b-0
Co
�Vf
^�'
W
O
4�
Q.
V
O
X
W
O
O
�W^
/R
E
^L,
W
-W
2c
T
�J
L yulwl
0-
0 O
,W
V
cu E
O
O
CU
iyyy
n u
vi •�
I
-t9F---7—
co
O
E
CL
0
CD
0
O
bn
cu
Ecu
cc2,—
0-0
CU
E
>0
Co
>1
Ln
.(n
0
cu
til
co
E
2
0
co
E
0
ch
�Z
O
H
O
Z
O
U
LL
O
1—
Z
W
2
W
a
H
V
4-
w
O y '
0 O
00
O
O
Ile
Q,
C
O •-
N O
U
C
fC
O
NQ.
O
J
O
O
—
N
O
fa
N
m
O
O
.�
"a
Q
>
O
S
O
O
CU)
O
Co O
-
�-
O
O
O
O
>
i
N
'O
O
Q
O
=
O
cr
CL
w
O y '
++
00
O
O
c �0
Q,
C
O •-
N O
Io
QluN
O
NQ.
- M
O L
O -0
•� Ul
U i
i O
O M
NOfa-0
N
fa
O to
+, 4;
O
O
CU)
O
Co O
i �
Q
E N N
oma+.°
i >
CL (L)
i i+
C N
o
t r-
i 3 O
i-OaU0
19F-10
i
bA
z�++
O
>
O
c�
v-
a)
-x
U
C
D
:=
(1)
O
N
�
(L)
(a
_
Ca
V
O
tN
bA
ca
N
ca
V
C
s
O
O
i
i
y
LL
m
O
CL
U
O
O
zo
��
—
•�C
a�CU
CU
N
m
-
3
w
H
O
O-
�.
._
cu
O
y
c
Q
m
O
_0
i
4a
v1
Q.
c6
ca
(n
O
N
O
V
>
._
E
cn
Cr-
(6
C
>
=
(n
2
a)
rn
E
19F-10
i
co
0
u
ca
E
ca
tb
o a>
O
U O
to
CU O
O
O
N N
Co
N �
N
O
O
O
O
U
N
O
O
i
ca
N
fa
i
7+
a-+
O
ca
ca
a.+
N
2
W'
O
Y W
V
0
c
0 O
ca
4+ O
a U
_CU
Ca
�
� •�
ch E 'E
1
`a
' JCD
1 d+ 8tJ
iC
CD
CD
ca
cc
19F-12
r -
19F-13
O
0
0
O
O
Y
ca
0 Y O
Q
O
v
co
r_
O
� N
E
O
O
O N
O
.E fB
i O
Y
Q �
19F-14
i
O
I..
W
a..r
f�
� � A
O i
CL
O
(D Q
O C1
x 4�
O O
CD
•� C
cu U "'
i X
4i N
CL U -0
a a
=) N CO
.O O E
+r
O bA .3 \ O RSA, E
++ O 65 O- O O O
� UI � ++ aF- 'a s• X •� N y O
O O U (6 O O O O 'O N O y
i ++
V 0
O ca
O f6
00 N t 0 O O N O
V U O +r`t—
E y, 0 0 E A O Ocu
(DO U N I63..iN+ O w- O
O
m 70 CDt6�. N
cc
O O N O O O N O
= Q + L Q F— .— ++ U O i
0
%I.-` ,.
O
O
I-
CD
t
O°
i
W
c
t
N N
N O
i
E ca
V
N' '3:
O O
ii 1'
a
r.
N Z F
r-I
M LU
CL
• \-
LU
Q
•
O O � •,
LU.
CL
U) h
RIt
N W
r-I
LL
W WF 2 • '.Y
W
O
+�
++ •
V1
0
N
N
0
ca 0 r-
++
O
^0.
0 O
N
N
++ CO
cu '- 0
bA
Nr i
-
0
u
E i
Q O O
=
0
E 0
700>+
_
r
OO
0
V N
O O 4' 0
->•-a
to
N
`+
=_
0 m
-a te c
m
cu
+'
m N O Q
cu
y
aO
�O
++0
N
Na
vO.
0
t6 Li 3
cc
U
Qr->
U
v
O +' V
N
3
�
'�
O
Ni 0 >+
> (ni
N
Q'
N...Q
>, C0
= N
N
0 >. �
++
O
+'0N
O=0
0•
t0
OA
+0
C a
A
f0
i
a O
OD
000++
O
i
f0
V
.-Op,
0_ UrU
V
0
s
J
000. 1
LU
a =
U
00
LU
Z
Z
a
LU
w w
� m
F- a
N_
z w
CN
a) O
N U
O w
TA
LL
� O
LU
LU
Z
D �
a
0
1
f
7YM'7
f
N
rN
1Fy,
h
iflC a
5
i
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
WITH 1NIIDORI GARDENS. INC. (DISTRICT 1)
THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between
Midori Gardens, Inc., a California Corporation (hereinafter "Contractor"), 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. On June 1, 2017, the City issued Request for Proposal ("RFP") No. 17-067, by
which it sought proposals from qualified firms for landscape maintenance services
in Districts 1 and 4.
B. This RFP process was initiated after the prior contractor's services were
terminated due to non-performance. A new contractor would be selected to
handle services for the remainder of the term.
C. Contractor submitted a responsive proposal that was selected by the City.
Contractor represents that it is able and willing to provide such services regarding
District 1 to the City described in the scope of work that is attached to this
Agreement and identified as Exhibit A.
D. In undertaking the perfonnance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional 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
Contractor shall perform landscape maintenance services for District 1, as set forth in
Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also
incorporated by reference as though fully set forth herein.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B and incorporated by reference to this
Agreement. The total amount to be expended for services during the term of this
Agreement, including any extension exercised under Section 3, shall not exceed
$938,580.
Page l of 1 I
19F-21
19F-22