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HomeMy WebLinkAbout05 - Code Enforcement West Santa Ana HeightsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. — 5 May 24, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2005- _ Relating to Code Enforcement in West Santa Ana Heights ISSUE: Should the City enter into a contract with the County of Orange to provide code enforcement in West Santa Ana Heights in advance of our annexation of that area? RECOMMENDATION: 1. Adopt Resolution 2005 -_ authorizing the City's Code and Water Quality Enforcement staff to serve the West Santa Ana Heights community for a series of 1 -year renewable terms or until such time as the City annexes West Santa Ana Heights, whichever comes sooner. 2. Authorize the City Manager to execute a final contract in substantially similar form to the draft Agreement attached here as Attachment B. DISCUSSION: Background: State law suggests that cities should ultimately annex territories within spheres of influence. The law suggests that cities are generally more effective providers of municipal services (like libraries, public safety, recreation, code enforcement and street sweeping) than counties or special districts. One area that Newport Beach has considered annexing is West Santa Ana Heights (see map). Council has not yet formally acted on a Resolution of Application to annex West SAH. Most of west and east Santa Ana Heights is within a redevelopment area administered by the County of Orange. The SAH Project Advisory Committee (PAC) assists the County in allocating redevelopment funds in both the east and west sides of SAH. SAHPAC has complimented the City (especially Sr. Code and Water Quality Enforcement Officer Cass Spence) on our Code Enforcement activities since annexation. They have suggested that the same extensive enforcement should occur in the West side, too. Because of West SAH Code Enforcement May 24, 2005 Page 2 staffing constraints, the County's Code Enforcement staff isn't always able to respond as thoroughly as the City's staff. In advance of an expected annexation, SAH PAC and the City have discussed having the County contract with the City to provide Code Enforcement Services up until such time as the West side is annexed. City Manager Bludau sent a letter to Supervisor Jim Silva proposing such a relationship in late 2004. At the same time, we discussed this issue with the Council in Study Session on December 14, 2004. As we indicated at that time, we do not believe that we need more staff to accomplish this work in the West side. City and County staff have agreed upon the terms outlined in an attachment to this staff report (see page 7). Committee Action: SAH PAC supports the City's attempt to provide Code Enforcement in West SAH. Env. Review: This action is Categorically Exempt from CEQA under the Class 20 exemption (Changes in Organization of Local Agencies). Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability We have estimated that these services will cost $30,000 annually, including management and a vehicle. The County has agreed to compensate us $30,000 annually for this service. Submitted by: Dave iff Assistant City Manager Attachment: Resolution 2005 - Draft Agreement for WSAH Code Enforcement West SAH Code Enforcement May 24, 2005 Page 3 RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO AN AGREEMENT TO CONDUCT CODE AND WATER QUALITY ENFORCEMENT ACTIVITIES IN WESTERN SANTA ANA HEIGHTS WHEREAS, the City of Newport Beach and the County of Orange both provide Code Enforcement services to their respective territories; and WHEREAS, the City has provided a high level of Code and Water Quality Enforcement services to the community of East Santa Ana Heights since the City's annexation of this territory in July 2003; and WHEREAS, resident groups in the community, including the Santa Ana Heights Project Advisory Committee (SAH PAC) have asked the City to consider delivering the same quality of Code and Water Quality Enforcement services to the Western side of Santa Ana Heights even as this community remains unincorporated; and WHEREAS, State law allows cities to contract with other jurisdictions to provide services outside of a city's boundaries; and WHEREAS, the County of Orange and the City have tentatively agreed to have the City provide these services in West Santa Ana Heights for series of one -year renewable terms or until such time as the City may annex West Santa Ana Heights; and WHEREAS, the City and County believe that this cooperative relationship in West Santa Ana Heights will allow the neighborhood to quickly remedy any existing code violations; now, therefore be it RESOLVED by the City Council of the City of Newport Beach, that it hereby authorizes the City Manager or his designee to execute an agreement or contract with the County of Orange or its officers to provide Code and Water Quality Enforcement Services in West Santa Ana Heights. ADOPTED this 24'" day of May, 2005. STEVE BROMBERG Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk West SAH Code Enforcement May 24, 2005 Page 4 Draft CODE ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT, for purposes of identification is hereby dated the day of , 2005, is BY AND BETWEEN The COUNTY OF ORANGE a political subdivision of the State of California hereinafter referred to as "COUNTY" AND The CITY OF NEWPORT BEACH hereinafter referred to as "CITY ". RECITALS WHEREAS, CITY and COUNTY desire to accelerate the revitalization of blighted conditions in the West Santa Ana Heights unincorporated community with targeted Code and Water Quality Enforcement programming utilizing redevelopment funding; and WHEREAS, the Parties agree that various other services within or benefiting the West Santa Ana Heights area may be performed by City with the consent of County as described in this Agreement. NOW, THEREFORE, the parties hereto state and agree as follows: I. The parties agree that the City or its contractor shall be authorized to perform the services and follow the procedures described in Exhibit 1 to enforce County Codified Ordinances in the West Santa Ana Heights unincorporated area and shown in Exhibit 2. In return, County shall compensate City up to $30,000 per year for Code Enforcement services when invoiced by City. IN WITNESS WHEREOF, the County and City have approved the foregoing AGREEMENT and caused the same to be executed by their duly authorized officers as set forth below. COUNTY By: Thomas Mauk, County Executive West SAH Code Enforcement May 24, 2005 Page 5 CITY By: Homer Bludau, City Manager APPROVED AS TO FORM APPROVED AS TO FORM Deputy Stradling Yocca Carlson & Rauth County Counsel Special Counsel to the City By: By: West SAH Code Enforcement May 24, 2005 Page 6 Exhibit 1 WEST SAH CODE ENFORCEMENT Scope of Services & Procedures Purpose: To authorize and contract with City to provide Code and Water Quality Enforcement services on behalf of County to reduce blighted conditions in the West Santa Ana Heights unincorporated area and shown in Exhibit 2. The services shall be done in a manner meeting the approval of County's Director of Resources and Development Management Department ( "RDMD "). Services to be Performed: a. Enforcement. Unless otherwise directed by the RDMD Director, City shall enforce the following Connty regulations or codes in a manner similar to the manner in which the City enforces City codes within City boundaries: 1. Land Use Regulations 2. Water Quality Regulations Such Enforcement shall include, but not be limited to, actions that result in oral education or oral warnings, written Notices of Violations, the issuance of Administrative Citations, the issuance of County fines or penalties, or the bringing of legal proceedings in civil or criminal court. The decision to bring any court action shall be made mutually by City and the County of Orange District Attorney's office. Unless otherwise directed by County, City shall represent, indemnify and hold harmless County for any City enforcement action that causes a property owner to bring an action against City or County to challenge City's enforcement action. b. Reporting. City shall establish a separate identifier within City's case database and shall provide County with direct online access to West Santa Ana Heights cases on a continuous basis. City shall produce a weekly report of these cases and shall transmit it electronically to the RDMD Director (or his designee). At the conclusion of each case, City shall transmit to County a paper copy or scanned version of all documents within that case's file. Online case information provided to County shall include, at a minimunn, site address, site owner's name, site owner's phone number, specific City actions at site (i.e. investigation, education, NOV, citation, etcetera), and brief case notes by enforcement officer. City and County agree to use their best efforts to achieve optimal communication as to case reporting and field actions to ensure strong constituent service and agency cooperation. c. Administration of Claims. City or its contractor or hearing officer shall adjudicate all challenged claims according to the same or similar procedures used by City for fines, notices, or administrative citations issned within City boundaries. City shall administer all enforcement actions and claims unless otherwise advised by the City's counsel, County Counsel or District Attorney representative. d. Fines and Penalties. City or its contractor shall collect all fines or penalties that result from City's enforcement of County codes in West Santa Ana Heights. On a quarterly basis, City shall pay to County, either directly or as a credit to a recent Invoice, all revenues from tines or penalties resulting fron enforcement in West Santa Ana Heights. West SAH Code Enforcement May 24, 2005 Page 7 Compensation. County shall compensate City in an amount up to $30,000 per year for these services. City shall submit quarterly Invoices describing hours worked and general tasks performed. Invoices shall include a billing rate that can reflect City's direct or indirect costs of providing the service. In no instance shall City bill more than $7,500 per quarter. County shall pay Invoice within 30 days of receipt. Term and Termination: a. The tern of this Agreement for West SAH Code Enforcement shall be for one (1) year from the date this Agreement executed by both parties. County may extend West SAH Code Enforcement at the conclusion of any one (1) year term via written notice previous to any term's expiration date to City of County's desire to extend West SAH Code Enforcement for additional period(s). b. West SAH Code Enforcement may be terminated by County or City without cause via 30 -days written notice to the other Party. c. West SAH Code Enforcement shall terminate upon the effective date of City's or any other party's annexation of all or a portion of the Territory. Definitions: a. `Blighted Conditions" means the conditions specified in County Housing and Community Services Departmeut's Annual Report. b. `Land Use Regulations" mean those regulations of County governing the permitted uses of land, density and intensity of use and the design, improvement, and construction standards and specifications applicable to development of property. Said regulations shall include, but not be limited to ordinances, exactions, conveyances of rights and interests, encroachments and other permits that provide for the right of entry upon public property. c. "Regulations" means laws, statutes, ordinances and codes (including the Building and Improvement Standards, Nuisance and Land Use Regulations) resolutions, rules, regulations and orders, use permits of every kind, programs, official policies and actions of County, together with amendments to all of the foregoing. "Water Quality Regulations" means those laws and ordinances that regulate the discharge of prohibited materials into the MS4 (Municipal Separate Storm Sewer System). West SAH Code Enforcement May 24, 2005 Page 8 Exhibit 2 WEST SANTA ANA HEIGHTS CODE ENFORCEMENT Map of Area Affected