HomeMy WebLinkAboutNS-2124 - Adding Article XIII to Chapter 36 of Santa Ana Municipal Code to Establish Transportation Demand Management...
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REL: 3/20/91
ORDINANCE NO. NS- 2124
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING ARTICLE XIII TO CHAPTER 36 OF THE
SANTA ANA MUNIOIPAL CODE TO ESTABLISH
TRANSPORTATION DEMAND MANAGEMENT AND
TRANSPORTATION SYSTEM MANAGEMENT
REQUIREMENTS FOR DEVELOPMENT PROJECTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby amended
by adding an article, to be numbered XIII, to Chapter 36 of said
Code, which said article consists of sections numbered 36-600
through 36-613 and reads as follows:
ARTICLE XIII. TRANSPORTATION MANAGEMENT
Sec. 36-600. Findings.
The city council of the City of Santa Ana hereby finds
and determines that:
(a) State law establishing requirements for development
of a countywide congestion Management Program (AB 1791)
mandates the inclusion of a trip reduction and travel demand
management ordinance.
(b) Other transportation demand management (TDM) program
requirements have been adopted for the region including
Regulation XV and Appendix IV-E Control Measures of the 1991
Air Quality Management Plan (AQMP).
(c) The Growth Management Plan included in the Revised
Traffic Improvement and Growth Management Ordinance (Measure
M) requires jurisdictions to promote alternative forms of
transportation and overall transportation system efficiency by
maximizing use of the existing transportation network through
transportation system management (TSM) and transportation
demand management (TDM) and calls for the adoption of a TSM
ordinance or alternative mitigation to reduce single occupancy
automobile travel.
(d) Increased traffic congestion contributes to longer
travel times, deterioration in air quality, and inefficient
use of the existing transportation system.
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ORDINANCE NS-2124
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(e) The Congestion Management Program (CMP) recognizes
and encourages the use of Transportation Demand Management
(TDM) strategies to promote alternative transportation methods
and improve the general efficiency of the transportation
system by enhancing vehicle flow and shifting demand on
existing transportation facilities through encouraging changes
in individual travel behavior.
(f) Implementation of TDM strategies at the local
government level would provide public benefits by improving
air quality and enhancing the effectiveness of the existing
transportation system.
(g) coordinated TDM efforts among all local
jurisdictions in the County can contribute to improvements in
air quality and the efficiency and effectiveness of the
transportation system including reductions in traffic
congestion.
(h) This article serves to codify standards of
transportation demand management and transportation system
management which, prior to its adoption, were imposed on
development projects as conditions of approval through the
City's environmental review process.
8ec. 36-601. Definitions.
For the purposes of this article, the definitions for the
following terms shall apply:
(a) "Alternative transportation modes" means any mode of
travel that serves as an alternative to the single occupant
vehicle. This can include all forms of ridesharing such as
carpooling or vanpooling, as well as public transit, bicycling
or walking.
(b) "Applicable development" means any new development
project that is determined to meet or exceed the employment
threshold using the criteria contained in section 36-605 of
this article.
(c) "C.C.&R's" means a declaration of covenants,
conditions, and restrictions applying to an applicable
development site and running with the land, duly executed by
the owner thereof, in a form allowing recordation in the
office of the county recorder, which binds employers on such
site to comply with the TDM program approved for such site,
and which cannot be amended or extinguished without the
consent of the city.
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ORDINANCE NS-2124
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31-9
(d) "Development project" means a development project as
defined by section 41-668 of this Code.
(e) "Director" means the Executive Director of Public
Works or any elliployee of the city within the Public Works
Agency who is designated by the said Executive Director to act
on his or her behalf in the enforcement of this article.
(f) "Operational programs and strategies" means a range
of techniques that require ongoing monitoring that can effect
actual business operations and employee behavior at the
facility or worksite to encourage reduction in peak-hour
vehicle trips and use of alternative transportation modes.
These techniques may range from establishment of ridesharing
programs to the use of parking fees, cash allowances or other
incentives or disincentives. Operational programs and
strategies are distinct from facility standards which
encourage trip reduction through modifications in facility or
worksite design.
(g) "Peak hour" means any four consecutive fifteen
minute periods that occur during the peak period during which
the highest vehicular volumes on the street system adjacent to
the project are recorded.
(h) "Peak-period" means those hours of the business day
between 6 a.m. and 10 a.m. inclusive, Monday through Friday.
(i) "Performance requirement" means a specified number
of peak hour vehicle trips conforming to the trip generation
estimates of a development project after a trip reduction
credit has been applied.
(j) "Property owner" means the legal owner of the
applicable development project who serves as the lessor to an
employer or tenant. The property owner shall be responsible
for complying with the provisions of the article whether
directly or by delegating such responsibility as appropriate
to an employer or tenant.
(k) "Remote parking facilities (mode mixer)" means an
off-site, principally employee oriented parking structure that
services development by high occupancy vehicles.
(I) "site plan" means a plan submitted for a development
project in accordance with division 3 (commencing with section
41-668 of article V of chapter 41 of this Code.
(m) "Tenant" means the lessee of facility space at an
applicable development project who also serves as an employer.
A tenant may be responsible for implementing the provisions of
this article as determined by the property owner.
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ORDINANCE NS-2124
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321
(n) "TDM penalty fee schedule" means a schedule of fees
to be imposed if a trip reduction credit is granted and the
performance requirement is not satisfied.
(0) "TDM annual report" means the annual report required
to be submitted by the property owner(s) or its designee
documenting TDM activities occurring over the past twelve
months and activities planned for the next twelve months.
(p) "TDM program" means a program consisting of a TDM
strategy plan and a TDM penalty fee schedule which is prepared
by any development project applicant granted a trip reduction
credit of up to 30%. The TDM program is recorded with the
project covenants, conditions and restrictions to assure
perpetual operation of the plan regardless of changes in
project ownership.
(q) "TDM strategy plan" means the plan, consisting of
operational programs and strategies, prepared by all
development project applicants and submitted to the City
whether or not a trip reduction credit is granted.
(r) "Transportation demand management (TDM) " means
programs, plans, policies or projects designed to reduce
demand on the transportation system or maximize its efficient
use. TDM can include, but is not limited to, an emphasis on
alternative travel modes to the single occupant vehicle such
as carpools, vanpools and transit; reduction or elimination of
the number of vehicle trips; shifts in the time of vehicle
commutes to other than the peak period; or programs and
projects to increase capacity on the transportation system.
(s) "Transportation system management (TSM) " means
programs and projects to increase the capacity of the existing
transportation system. TSM can include, but is not limited
to, an emphasis on maximizing the use of the existing
transportation system through strategies such as signal
coordination, bus turnouts, channelization, one-way street
systems, and barrier systems.
(t) "Trip reduction credit" means the number of peak
hour vehicle trips by which an environmental impact report or
mitigated negative declaration prepared for a development
project has reduced the estimated traffic generated by the
project in anticipation of an effective TDM program. The trip
reduction credit may not exceed 30% of the total number of
peak hour trips.
Seo. 36-602. Intent of artiole.
This article is intended to meet the requirements of:
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ORDINANCE NS-2124
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32,3
(a) Government Code section 65089 (b) (3) which requires
development of a trip reduction and travel demand element as
part of the Congestion Management program, and Government Code
Section 65089.3 (b) which requires adoption and implementation
of a trip reduction and travel demand ordinance;
(b) The Orange County Revised Traffic Improvement and
Growth Management Ordinance (approved as "Measure M" by the
voters of Orange county in the general election of November 6,
1990) requirement for the adoption of a Transportation system
Management (TSM) ordinance or alternative mitigation to reduce
single occupancy automobile travel.
Sec. 36-604. policy.
Any development project that creates a site having 100 or
more employees may adversely impact existing transportation
and parking facilities, resulting in deteriorating levels of
traffic service, increased motor vehicle emissions, and
possibly significant additional capital expenditures to
augment and improve the existing transportation system. All
such projects shall be required to prepare and submit a TDM
strategy plan to the city. In order to more efficiently
utilize the existing and planned transportation system and to
reduce vehicle emissions, it is the policy of the City to:
(a) Reduce the number of peak-period vehicle trips
generated in association with additional development;
(b) Promote and encourage the use of alternative
transportation modes such as ridesharing, carpools, vanpools,
public bus and rail transit, bicycles and walking, as well as
those facilities that support such modes;
(c) Promote and encourage the implementation of flexible
working hours and parking management strategies;
(d) Achieve related reductions in vehicle trips, traffic
congestion, and public expenditure and achieve air quality
improvements through utilization of existing local mechanisms
and procedures for project review and permit processing;
(e) Promote coordinated interjurisdictional
implementation of strategies to reduce transportation demand
and increase transportation system capacity;
(f) Achieve the most efficient use of local resources
through coordinated regional and local TDM and TSM programs;
(g) Complement, not duplicate, the South Coast Air
Quality Management District's Regulation XV and Appendix IV-E,
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ORDINANCE NS-2124
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i125
Control Measures of the 1991 Air Quality Management Plan.
(h)
programs
recorded
Assure perpetual compliance with approved TDM
regardless of changes in property ownership through
covenants, conditions, and restrictions (CC&R's).
8ec. 36-605. Applicability.
(a) This article shall apply to all development projects
which will result in places of employment that are, in the
aggregate, estimated to employ a total of 100 or more persons,
as determined by the methodology in subsection (b) below.
(b) For purposes of determining whether a development
project is subject to this article, the total employment
figure shall be determined by using employment projections
developed by the project applicant, subject to approval by the
city. The project applicant shall use employment generation
factors generally consistent with the methodologies
recommended by the Urban Land Institute, the Institute of
Traffic Engineers, or other acceptable professional practices
as determined appropriate by the city.
Sec. 36-606. Facility standards.
All applicable development projects shall be subject to
the facility standards as specified in this section. A site
plan submitted for city approval by a project applicant shall
include improvements and design features required by such
facility standards.
(a) Facility improvements:
1. Preferential parking for carpool vehicles:
a. A specified percentage of the employee parking
spaces as determined by the project applicant
and the City shall be reserved and designated
for carpool vehicles by marking such spaces
"Carpool Only".
b. Carpool spaces shall be used only by carpool
vehicles in which there are at least two
persons.
c. Such carpool spaces shall be located near the
building's employee entrance (s) or at other
preferential locations within the employee
parking areas as approved by the city.
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ORDINANCE NS-2124
PAGE SEVEN
Q27
2. Bicycle parking and shower facilities:
a. Bicycle Parking and locker facilities may be
provided in a secure location for use by
employees or tenants who commute to the site
by bicycle. The number of facilities/racks to
be provided shall be defined on the approved
site plan.
b. Bicycle accommodations shall be encouraged for
those worksites near a regional bike trail
and/or are within a three mile radius of
residential housing.
c. Shower facilities may be provided, one each
for men and women.
3. Information on transportation alternatives:
a. A commuter information area shall be provided
that offers employees appropriate information
on available transportation alternatives to
the single-occupancy vehicle. This area shall
be centrally located and accessible to all
employees or tenants.
b. Information in the area may include, but not
be limited to, the following:
(1) Current maps, routes and schedules for
public transit;
(2) Ridesharing match lists;
(3) Available employee incentives;
(4) Ridesharing promotional material supplied
by commuter-oriented organizations.
4. Rideshare vehicle loading areas:
a.
The need for, design, and location of areas to
load and unload passengers from rideshare
vehicles shall be determined by the city .
T
b. Passenger loading areas, where required, shall
be on-site and shall not conflict with fire
lanes or impede on-site circulation.
5. Vanpool vehicle accessibility:
a. The design of all parking facilities shall
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ORDINANCE NS-2124
PAGE EI GHT
329
incorporate provisions for access and parking
of vanpool vehicles.
b. Where applicable, vanpool vehicle
accessibility shall include a minimum 7'2"
clear and unobstructed vertical clearance for
those parking spaces and ramps to be used by
such vehicles.
c. Vanpool parking spaces shall be located near
the building's employee entrance(s) or other
preferential locations as approved by the
city.
d.
The number of accessible
spaces shall be determined
applicant and the city.
vanpool parking
by the project
6. Bus stop improvements:
a. Bus stop improvements including bus turnouts,
bus pads, and right-of-way for bus shelters
may be required for all applicable
developments located along high traffic volume
streets and established bus routes.
b.
The location, type(s) of bus
improvements, and improvement standards
be determined by the City Engineer.
stop
shall
c. On-site bus loading facilities may be required
for projects which require bus loading.
7. Pedestrian facilities:
a. To facilitate pedestrian access to the site,
on-site sidewalks or other paved pathways
following direct and safe routes from the off-
site circulation system to each building in
the development shall be provided.
b.
Pedestrian grade separations over arterial
streets connecting compatible facilities may
be required. compatible facilities include,
but are not limited to, worksite to shopping,
eating establishments, recreation, parking or
transit facilities.
T
8. Remote parking facilities:
a. Participation in the construction, maintenance
and operating costs of remote (from the
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ORDINANCE NS-2124
PAGE NINE
331
development site) parking facilities may be
required.
b. Participation in the purchase, operation and
maintenance of HOV vehicles required to serve
the remote parking facilities may be required.
Sec. 36-607. TDM strategy plan.
(al All applicable development projects which are
approved by the city shall be approved subject to conditions
designed to implement operational programs and strategies
designed to reduce peak-hour vehicle trips and promote the use
of alternative transportation modes. It is intended that such
operational programs and strategies complement the facility
standards required in section 36-606. Those applicable
development projects for which trip reduction credits are not
granted shall not be required to prepare a TDM program and
participate in a penalty fee program pursuant to section 36-
608 of this article, but shall be required to obtain city
approval of a TDM strategy plan pursuant to subsection (b) of
this section.
(b) TDM strategy plans shall be submitted as follows:
1. The owner of any applicable development project
site shall obtain the Director's approval of a TDM strategy
plan prior to the issuance of a utility release or at such
earlier time as the Director may determine to be necessary for
environmental review of the development project.
2. The TDM strategy plan shall describe programs,
plans, policies, strategies, actions and projects to reduce
peak hour commuter related travel demand at the project site.
It shall include a description of the proposed project and a
summary of existing conditions including the transportation
system, parking availability, transit service, bicycle
facilities, proximity to other activity centers, commuter
characteristics in the project vicinity, and the existence of
nearby transportation management association(s), if any. It
shall also identify performance measures, TDM actions to be
undertaken, trip reduction impacts, and recommended mitigation
measures.
3. compliance with the approved TDM strategy plan
shall be a condition of approval of the development project.
Sec. 36-608. TDM Program.
(a) The City may grant a trip reduction credit of up to
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ORDINANCE NS-2124
PAGE TEN
il33
30% to a property owner or its designee if a TDM program is
prepared and submitted. Receipt of a trip reduction credit
shall require participation in a TDM program with a penalty
fee schedule approved by the Director. The penalty fee
schedule shall establish penalty fees in proportion to the
excess of peak hour vehicle trips over the performance
requirement.
(b) The TDM program shall describe actions to be taken
to reduce peak hour commute related travel demand, including
a discussion of:
(1) Responsibilities of property owners and
tenants.
(2) Facility improvements.
(3) Financial incentives.
(4) Vehicular operations.
(5) Monitoring, reporting, and enforcement.
(6) Contingency and remedial actions.
(c) The TDM program shall be designed and implemented to
ensure that traffic generated by the proposed project does not
exceed a specified number of peak hour vehicle trips (the
performance requirement) conforming to the trip generation
estimates in the environmental impact report or mitigated
negative declaration issued for the project after the trip
reduction credit has been applied.
(d) Adherence to the performance requirement shall be
determined by conducting annual traffic counts at the drive-
way(s) of the project site. It shall be the responsibility of
the owner or associated owners of the project site to provide
traffic count documentation in accordance with standards set
by the Director. Such documentation shall be subject to city
verification. Vehicles entering and leaving the project site
during the peak period shall be counted on Tuesday, Wednesday,
and Thursday for two consecutive weeks during the period of
January 15 through May 20 or September 20 through November 20.
The average peak hour total vehicular volumes shall be
calculated and serve as the basis for evaluation.
(e) The city shall
designee, in writing,
performance requirement.
notify the property owner(s) or its
of failure to comply with the
(f) If the performance requirement is not satisfied, the
property owner(s) shall:
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ORDINANCE NS-2124
PAGE ELEVEN
335
(1) Submit to the city a list of TDM actions that
will be implemented to reduce a.m. peak hour
vehicle trips to meet the performance
requirement within 180 days of written
notification by the city.
(2) contingency actions to be taken in the event
of not meeting the performance requirement
shall be described in the TDM program.
Remedies could include but are not limited to:
a. increasing the level of effort (i.e.
financial and other resources) for
existing on-site TDM activities.
b.
initiating
activities.
on-site
TDM
new
c. supporting off-site TDM efforts that
have the effects of reducing traffic
levels in the vicinity of the
project.
d. increasing the level of support for
areawide TDM efforts.
(3) At the end of the 180 day period, performance
will be evaluated based upon compliance with
the performance requirement. No further
measures to reduce the proj ect' s peak hour
vehicle trips will be necessary if the
performance requirement is met and continues
to be met as described from information
provided in the TDM annual report.
(4) Should the performance requirement not be
satisfied by the end of the 180 day period,
the property owner(s) shall pay a TDM penalty
fee in proportion to the number of peak hour
vehicle trips in excess of the performance
requirement. The amount of the TDM penalty
fee shall be determined in accordance with the
penalty fee schedule specified in the TDM
program.
(5) The TDM penalty fee shall be paid to the city
and used as specified in the TDM program or,
if no use is so specified, the fee shall be
deposited in the appropriate transportation
system improvement area fund established
pursuant to article XII of chapter 13.
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ORDINANCE NS-2124
PAGE TWELVE 337
(g) The recorded CC&R's shall include provisions to:
1.
guarantee adherence
Requirement;
to
the
Performance
2. assure perpetual operation of the TDM Program
regardless of property ownership;
3. inform all subsequent property owners of the
requirements imposed by the TDM Program , and
4. identify potential consequences of non-
performance, including the penalty fee
schedule.
(h) Each space use agreement (Le. lease document) shall
include relevant clauses of the TDM strategy plan or TDM
program as a means to inform and commit tenants to participate
in helping the project meet the established performance
requirements.
(i) The property owner(s) and tenants shall participate
in an areawide transportation management association if one is
established.
(j) The TDM program shall encourage the response of
tenants to applicable regional and/or city transportation
management regulations.
Sec. 36-609. TDM Annual Report.
All owners of property which is subject to a TDM program
shall prepare and submit an annual TDM report to Director
within twelve months of the utility release, and each
subsequent year by the date of each annual report approval.
The annual TDM report shall, at a minimum, include:
1. building occupancy percentages;
2. a.m. peak hour vehicle trip counts;
3.
documentation of the means
employees as compiled from an
employees; and
of travel for
annual survey of
4. a description of TDM activities occurring over
the past twelve months and activities planned
for the next twelve months.
5. vehicle counts in accordance with section 36-
608(d).
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ORDINANCE NS-2124
PAGE THIRTEEN
33,9
Sec. 36-610.
Implementation and monitorinq.
For the purposes of determining whether applicable
developments are complying with the provisions of this
article, the city shall monitor such compliance in a manner it
deems appropriate and reasonable. Monitoring mechanisms may
include, but not be limited to, the following:
(1) To verify compliance with the facility standards
required under section 36-606:
a. Local procedures for si te plan review, as
appropriate;
b. Field/site inspections;
c. other building site reports/surveys which the
city may deem appropriate.
(2). To monitor compliance with the TDM strategy plan,
TDM program and TDM annual report under sections
36-607, 36-608, and 36-609:
a. Review and, if appropriate, approve the TDM
strategy plan submitted per section 36-607,
following consultation with the property owner
or its designee;
b. Review and, if appropriate, approve the TDM
program submitted per section 36-608 following
consultation with the property owner(s) or its
designee.
c. Review the annual reports submitted per
section 36-609;
d. Require the owner(s) or its designee to
prepare and submit other reports, site
surveys, or operational audits which may be
deemed appropriate by the city.
Sec. 36-611. Enforcement and penalties.
For purposes of ensuring that applicable developments
comply with the provisions of this article, city shall,
following written notice to the property owner or its
designee, initiate enforcement action(s) which may include,
but not be limited to, the following:
(1) To enforce compliance of multi-phased developments
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ORDINANCE NS-2124
PAGE FOURTEEN 341
with the facility standards under section 36-606:
withhold issuance of a building permit.
(2) To enforce compliance with the TDM strategy plan,
and TDM program under sections 36-607, 36-608, and
36-609:
a. withhold issuance of a utility release until
the initial TDM strategy plan as specified in
section 36-607 and a report describing trip
generation, level of service, and travel
impacts on the street system in the vicinity
of the project are submitted to the City;
b. Impose TDM penalty fees if the performance
requirement established in the TDM program as
specified in section 36-608 are not satisfied.
Sec. 36-612. Appeals.
Any decision of the Director regarding the provisions of
this article may be appealed to the Planning commission for
resolution. The decision of the planning Commission shall be
final.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the city of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted',
filed or deposited pursuant to any ordinance and all rights and
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ORDINANCE NS-2l24
PAGE FI FTEEtj
3,43
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 15th
day of
April
199-1-.
ATTEST:
Daniel H. Young
Mayor
COUNCILMEMBERS:
Young
Pulido
Acosta
Griset
McGuigan
Norton
Richardson
Aye
Aye
Aye
Aye
Aye
Aye
Aye
APPROVED AS TO FORM:
E~~
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
County of orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance
NS"2l24
to be the original ordinance
adopted by the city Council of the city of Santa Ana on
..L/ -/:J- 91
; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date
r
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