HomeMy WebLinkAbout FULL PACKET_2005-10-17
ORDINANCE NO. NS-2699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CREATING SPECIFIC DEVELOPMENT
DISTRICT (SD-79) FOR PROPERTY LOCATED AT 1900
NORTH MAIN STREET
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Applicant is requesting approval of various entitlements in order to construct
the Cordoba for-sale condominium and live-work project, with ancillary retail
space.
B. The project would demolish the existing surface parking lot for the Bowers
Museum and develop the property into a mixed use residential/commercial
project. The project would provide 45 for-sale residential units at a gross
overall density of 40 dwelling units per acre. The housing mix for the project
would consist of lofts, townhouses, and stacked flats. Additionally the first
floor of the building fronting Main Street would provide live/work flex space
that would allow up to 4,251 square feet of retail area and 2,312 square feet
of restaurant uses. It is envisioned that commercial areas in the project
would consist of uses such as restaurant, coffee shop, hair salon, wine
gallery and professional offices.
C. The project would be comprised of two residential buildings with a maximum
building height of approximately 47-feet. Along Main Street, the two
buildings would consist of three- and four-story heights to define a strong
urban edge. Extending west, the building would transition to two-story
house-like forms near the western boundary of the project site.
D. A series of four courtyards would connect the buildings on the project site.
The courtyard areas would consist of a variety of hardscape materials such
as tile, brick, cobblestone and flagstone paving. Additionally, the courtyard
areas would be accented with a variety of landscape materials including
trees, shrubs and vines. Courtyard amenities would include community
fireplaces and fire pits, fountains, building, built-in benches, and potted
plants.
E. A total of 102 parking spaces would be provided in a subterranean parking
garage below the two buildings, with access to be provided from 20th Street.
F. On September 12, 2005, the Planning Commission held a duly noticed
public hearing and voted by a vote of 5:0 (Nalle absent) to recommend that
the City Council:
11 A-1
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2005-18.
2. Adopt an ordinance approving Amendment Application No. 2005-07.
3. Adopt an ordinance approving Development Agreement No. 2005-03.
4. Adopt a resolution approving Tentative Tract Map No. 2005-08 as
conditioned. (County Map No. 16848)
5. Adopt a resolution approving Site Plan Review No. 2005-03.
G. On October 3, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
Section 2. Specific Development Plan No. 79 (SD-79) is hereby adopted as set
forth in Exhibit "A, attached hereto and incorporated as though fully set forth herein.
Section 3. Section District Map No. 1-5-10 is hereby amended as set forth in
Exhibit "B" attached hereto and incorporated as though fully set forth herein.
Section 4. This ordinance shall not be effective unless and until the Resolution
approving Environmental Review No. 2005-18, Tentative Tract Map No. 2005-08, and
Site Plan Review No. 2005-03 becomes effective. If said resolution is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or
otherwise do not go into effect for any reason, then this ordinance shall be null and void
and have no further force and effect.
Section 5. 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.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
11 A-2
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2699 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
11A-3
Specific Development Plan No. 79
City of Santa Ana
EXHIBIT A
11A-4
TABLE OF CONTENTS
PAGE
SECTION 1. APPLICABILITY OF ORDINANCE .................... ..... ...............1
SECTION 2. PURPOSE . .......... ................. ................ ......................... ...1
SECTION 3. OBJECTIVES .. ............................. .......... .............. .... .... ..1-2
SECTION 4. USES PERMITTED ................................... .......... ................2
A. Permitted Uses .............................................................. .2-3
B. Conditionally Permitted Uses .. ............ ................... ................3
C. Uses Not Permitted .... ........ .................. .......... .....................3
SECTION 5. MAXIMUM PERMITTED BUILDING INTENSITY .......................3
SECTION 6. DEVELOPMENT STANDARDS . ........................ ........ ..... ....4-6
A. Building Height ....... ................................. ........................ ...4
B. Setbacks... . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . .. . . . . . . . . . . . ..4
C. Minimum Unit Size ...............................................................4
D. Parking. . .. . .. . .. . ...... . ... . .. . . . . .. . .. .. . . . . . .. . .. . .. . .. . . . . .... . . . . .... . .... . ..4-5
E. Walls and Screening .. ......................... ............. ....... ......... ....5
F. Landscape/Hardscape Standards ..........................................5
G. Architectural Design Features ...............................................6
SECTION 7. SIGNAGE ................... ................................. ....... ...... ... ......6
SECTION 8. REFUSE COLLECTION AREA AND LOADING ........................7
SECTION 9. TELEPHONE, ELECTRICAL, WATER, GAS AND CABLE ..........7
ATTACHMENTS
Attachment A - Overall Site Plan
Attachment B - Landscape Plan
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11A-5
Specific Development Plan No. 79
Section 1. Applicabilitv of Ordinance
The specific developrnent zoning district for a mixed use project as authorized by
Chapter 41, Division 26, Sec. 41-593 et/seq. of the Santa Ana Municipal Code
(SAM C), is specifically subject to the standards and regulations contained in this
plan for the express purpose of establishing land use regulations and standards.
All other applicable chapters, articles and sections of the SAMC and any other
regulations adopted by City Council shall apply unless expressly stated or
superseded by this ordinance.
Section 2. Purpose
The Specific Development Plan No. 79 (SD-79), consisting of standards and
regulations, is hereby established for the express purpose of protecting the
health, safety, and general welfare of the people of the City by promoting and
enhancing the value of properties and encouraging orderly development.
SD-79 sets the development and design criteria for a development consisting of
approximately 1.1 acres. The purpose of this specific development plan is to
permit flexibility in the site planning and design to respond to market conditions
while assuring high quality development.
SD-79 specifically establishes for the property the following:
· Permitted uses.
· Development standards, including building height limits, required
setbacks, parking, landscaping provisions and enforcement policies.
· Operational standards.
· Maximum authorized development intensity.
· Signage provisions.
Section 3. Obiectives
The objectives of SD-79 include provisions of the following:
· A long term development that is of the highest architectural quality and
design.
· A landscaping plan that is complementary to a mixed use development
and sensitive to the surrounding community.
· A visually harmonious development as viewed both internally and
externally.
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11A-6
· A development that is consistent with the District Center designation of
the General Plan and which implements the spirit and intent and
policies of the General Plan.
· A circulation system that is responsive to the needs of both vehicular
and pedestrian travel.
· Provision of a mixture of high quality housing and ground level
commercial uses along North Main Street.
· A mixed use project complimenting a landmark museum to the north
and other surrounding cultural amenities.
· A mixed use project blending with adjacent single family neighborhood.
Section 4. Uses Permitted
The categories of land uses to be included within the project area are galleries,
eating establishments, offices and retail uses. If a use is for any reason omitted
from those specified as permissible or if ambiguity arises concerning the
approximate classification of a particular use within the meaning and intent of this
Plan, the determination shall be at the discretion of the Planning Manager. Such
decision may be appealed to the Planning Commission whose decision is final.
A. Permitted Uses.
The following uses are permitted in SD-79:
1. Residential condominiums.
2. Live/work units in compliance with the following standards:
a. A Maximum of four live-work units with ground level store fronts
along Main Street.
b. Residential use is permitted only in combination with individual
work space in a manner which provides an integrated working and
living environment.
c. A live/work unit shall be at least nine hundred (900) square feet in
size.
d. The residential component of a live/work unit shall meet the
following standards:
i. It shall have access to separate bathroom facilities, including a
water closet, a wash basin, and a bathtub or shower.
II. It shall have separate kitchen facilities including a kitchen sink,
cooking appliances and refrigerator. All such facilities shall
have a clear working space of at least thirty (30) inches in front.
Hi. It shall comply with all Housing Code requirements as modified
by section 8-2700 of this Code.
iv. In-unit laundry facilities shall be required.
e. Live/Work Units Permitted Uses:
Live Work Units shall be permitted to have the following allowable
primary uses:
l. Commercially operated professional studios.
ii. Fine art studios and/or galleries.
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11A-7
iii. Fiber arts studios and/or galleries.
iv. Printing, lithography, and calligraphy facilities.
v. Photography studios.
vi. Ceramic and pottery studios.
vii. Glass blowing and sculpturing studios.
viii. Home Office and Home-Based Business are permitted.
ix. Any use listed above, shall be permitted to have a maximum of
one non-resident employees.
3. Galleries with ground level store fronts along Main Street.
4. Eating establishments, cafes, Coffee Houses, Tea House and bakeries
with ground level store fronts along Main Street that do not exceed a
total maximum of 1,940 square feet of interior space and 865 square
feet of outdoor space collectively. Full service cafes and restaurants shall
be limited to those that provide sit down dining areas and exclusive table
service for ordering and delivering meals and beverages. Eating
establishments with drive-thru window service or that are exclusively take-
out are prohibited.
5. Retail with ground level store fronts along Main Street.
6. General offices with ground level store fronts along Main Street
including psychologists, insurance agents and real estate.
B. Conditionally Permitted Uses.
The following uses may be permitted in SD-79 subject to the issuance of a
conditional use permit.
1. Indoor entertainment uses whether freestanding or part of another
permitted or conditionally permitted use. Adult entertainment
businesses shall not be permitted.
2. Establishments selling or serving alcoholic beverages.
3. Uses open between Midnight to 5:00 a.m.
4. Establishments selling or serving alcoholic beverages.
C. All other uses not expressly permitted or conditionally permitted in this
ordinance are prohibited.
Section 5. Maximum Permitted BuildinQ Density/Intensity
The maximum authorized building density is 40 dwelling units per acre and no
more than 1.28 floor are ratio (FAR) with a maximum of 66,200 square feet
(Attachment A).
3
11A-8
Section 6. Development Standards
A. Building Height.
All on-site structures will be subject to a height limitation of 48 feet above
ground level, which is defined as the vertical distance measured from the
curb level to the highest point of the roof surface. The maximum height for
structures within 50 feet of the western property line shall be 32 feet.
B . Setbacks.
1. Front (Main Street)
A rninimum three feet (3') to the first building element or structure as
measured from the property line. Entry steps to residential units may
encroach into this setback area in order to provide a transition between
public and private spaces.
2. Side (Twentieth Street)
A minimum six feet three inches (6'3") to the first building element or
structure as measured from the property line. Entry steps to residential
units may encroach into this setback area in order to provide a
transition between public and private spaces.
3. Side (Nineteenth Street)
A minimum five feet one inch (5'1") to the first building element or
structure as measured from the property line. Entry steps to residential
units may encroach into this setback area in order to provide a
transition between public and private spaces.
4. Rear (West Property Line)
A minimum setback of five (5) feet as measured from the property line.
C. Minimum Unit Size
The minimum square footage for a residential unit is 982 square feet
excluding flex or commercial space.
D. Parking
1. All parking shall be subterranean.
2. Dwelling units shall be provided with two assigned parking spaces per
unit, which assigned spaces shall be sold and conveyed as a part of
each residential condominium unit.
3. Each live-work unit shall provide 1 employee/customer parking space.
4. In addition to the minimum requirements of subsections 0.1., 0.2. and
0.3. of this section, each multiple-family dwelling project shall provide
guest parking, identified as such, in an amount of spaces not less than
ten (10) percent of the minimum required spaces under subsections
0.2. and 0.3. of this section.
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11A-9
5. The dedicated commercial space shall provide one parking space per
1,000 square feet.
E. Walls and Screening.
1. Any wall or fence shall be constructed in compliance with SAMC.
2. Any equipment, whether on the roof, side of building, or ground, shall
be screened. The method of screening shall be architecturally
integrated with the building in terms of materials, color, shape, and
size.
F. Landscape/Hardscape Standards.
The final design satisfying the following requirements shall be subject to
review and approval of the Planning Manager:
1. A minimum of four outdoor courtyards with no courtyard less than
1,200 square feet and the total area for all courtyards a minimum of
6,900 square feet.
2. A minimum of four outdoor water features shall be provided within the
project.
3. Additionally, a minimum of one outdoor fireplace shall be provided.
4. Courtyard areas shall incorporate seating, benches, patio furniture and
landscaping to provide visual interest and additional amenities within
these areas. All seating, benches, street furniture surfaces,
pedestrian-level walls and similar amenities shall be made of a durable
material such as concrete or painted iron and be designed to minimize
effects from vandalism, weather and incorporate graffiti resistant
coatings.
5. All areas not used for buildings, parking or storage shall be landscaped
using the guidelines consistent with the City's Landscape Standards.
All landscaped areas shall be irrigated using an automatic irrigation
system. The project shall provide landscaping consistent with the
landscape plan. A six-inch raised concrete curb shall be required
around all landscape planters unless approved by City Landscape
Associate.
6. Pedestrian amenities shall be provided such as lighting, planters,
drinking fountains, unit pavers, and bicycle racks.
7. All landscaping shall be constructed in compliance with Attachment B.
All required setback areas shall be landscaped except for approved
walkways, driveways and courtyards. Further, the landscape plan
shall be fully implemented prior to the issuance of any certificate of
occupancy.
5
11 A-1 0
G. Architectural Design Features.
The final design satisfying the following requirements shall be subject to
review and approval of the Planning Manager:
· Exterior Materials: Exterior materials and finishes to comply with site
plan review approvals granted through the Planning Commission or
City Council. Exterior enclosure(s) and similar ancillary structures are
to match the texture, materials and color palette of the proposed
building.
· Design Features: Any new additions shall be in keeping with the
original design in terms of scale, rooflines, materials, and color.
· Lighting Standards/fixtures: A minimum of 1 foot candle of light shall
be provided throughout the parking area. Specifications of light
standards/fixtures and photometries plan shall be submitted to
Planning Division and Police Department for approval.
· There shall be no glare or spillover lighting into adjacent properties.
· The ceiling of the parking structure shall be painted white and be
maintained to improve illumination and enhance safety within the
parking structure.
The Executive Director of the Planning and Building Agency may approve minor
modifications to the standards specified in this SD-79, provided that such changes are
consistent with the purposes, scope and intention with this document. The Executive
Director has the sole and absolute discretion to determine what constitutes a "minor
modification."
Section 7. Sianaae.
A. All signage shall comply with the Santa Ana Municipal Code unless
explicitly identified below.
B. A comprehensive sign program for the entire site, including but not limited
to freestanding, wall, directional and permanent temporary signs and
graphics shall be submitted and approved by the Planning Division prior to
the issuance of any sign permit.
C. For signage purposes the Main Street elevation shall be considered the
primary elevation and Nineteenth and Twentieth Streets the secondary.
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11 A-11
Section 8. Refuse Collection Area.
Areas to handle the refuse for the development site shall be integrated into the
subterranean garage. At minimum, the project shall provide two refuse collection
areas measuring a minimum of 11' x 7'. Such collection areas shall be enclosed
and viewable with a durable material such as concrete block with metal doors. In
addition, each collection area shall provide a 'chute' to allow refuse from the
upper floors to collect within these areas.
Section 9. Telephone, Electrical, Water, Gas and Cable.
A. All "on-site" utilities shall be placed underground.
B. Transformers of terminal equipment shall be visually screened from view
from streets and adjacent properties.
C. There shall be no exposed downspouts, scupper drains, electrical or
mechanical limes on the building. All mechanical equipment shall be
screened from view in an architecturally integrated manner.
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11 A-12
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SEVENTEENTH
Zoning District
Al GENERAL AGRICULTURAL
-B PARKING MODIFICATION
Cl COMMUNITY COMMERCIAL
Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT
C2 GENERAL COMMERCIAL
C3 CENTRAL BUSINESS
C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE
C4 PLANNED SHOPPING CENTER
C5 ARTERIAL COMMERCIAL
CR COMMERCIAL RESIDENTIAL
RES. IA.A./ANX.. NO. M9S-1S
CAD. I RES. NO. NS-2377
ADOPTED DATE 11-9-98
APPPROVED ~
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ADOPTED BY RESOLUTION NO. 5186 BY THE SANTA ANA PLANNING COMMISION
PART OF ORDINANCE NO. NS-394 ADOPTED BY THE SANTA ANA CITY COUNCIL. AUGUST 17. 1959.
C-SM
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SOUTH MAIN STREET COMMERCIAL DISTRICT
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
Rl SINGLE-FAMILY RESIDENCE
Rl-4ODO SMALL LOT SINGLE-FAMILY RESIDENCE
R2 TWO-FAMILY RESIDENCE
R3 MULTIPLE-FAMILY RESIDENCE
R4 SUBURBAN APARTMENT
RE RESIDENTIAL ESTATE
SO SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
RES. I A.A.I ANX. NO 5522 5621 5650 5664 5690 5693 5713 5714 5745 5607 580. 5898 5044
ORD. IRES. NO. NS-533 NS-670 NS-694 NS-713 NS-739 NS-742 NS.744 NS-777 NS-822 N8-S85 NS-887 NS-... N$-1193
ADOPTED DATE 14<12 6-15-65 1 H 8-65 2-_ 7-2D-64 0-_ '-18-65 '-18-65 9-2D-85 8-7-67 8-7-67 H9-70 12-17-73
APPPROVED
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SCALE IN FEET
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MINIMUM FRONTAGE
MINIMUM LOT AREA
latest R""',1on Date, 1-11-99
THIS MAP IS THE OFACIAl. SECTIONAl.
DISTRICT MAP OFTHE CITY OF SANTA ~A..
/oS AUTHORIZED BY CITY COlMCll
RESOLUTION NO. 74-183, DATED '1-18-74,1
HEREBY ATTESTniATTHIS MAP IS A TRUE
COPY OF THE ORIGINAl.. SECTIONAL DISTRICT
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EXECUnVE DR:CT
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Certificate Date SEPTEMBER 10 1982
M799 M816 AAB91 AAl002 AAl020 AAl029 AAl030 AAl051 AA96-i. AA96-7 AA98-3
NS-1449 NS-1489 N5-1714 NS-1969 N5-200S NS-2036 N5-2027 N5-2137 N5-2298 N5-2299 N5-2362
9-5-78 ~78 1-1&.84 7-18-88 6-5-89 11-2~ 9-5-89 6-17-91 10-7-96 9-3-96 7-20-98
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PREPARED BY THE PLANNING DIVISION
CITY OF SANTA ANA CALIFORNIA
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~i- ]' H
ORDINANCE NO. NS-2700
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND STEADFAST
COURTYARDS, L.P.
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters. into this Development Agreement pursuant to the
provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing, on
September 12, 2005, recommended approval of this Development Agreement.
E. Entering into this Development Agreement would provide the City with
extraordinary and significant benefits that are of regional significance, relate to existing
deficiencies in public facilities, require the owners of the Cordoba for-sale condominium
project to contribute a greater percentage of benefits than would otherwise be required,
and represent benefits which would not otherwise be required as part of the
development process.
F. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
G. The City Council has, on October 3, 2005, approved a mitigated negative
declaration in conjunction with this Project and adopted a mitigation monitoring plan.
SECTION 2: The Development Agreement, a true and correct copy of which is
attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the
Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby
authorized and directed to cause this Development Agreement to be recorded with the
County Recorder's Office.
SECTION 3: This ordinance shall not be effective unless and until the ordinance
approving Amendment Application No. 2005-07 (SD-79) and the resolution approving
Environmental Review No. 2005-18, Tentative Tract Map No. 2005-08, and Site Plan
11 A-14
Review No. 2005-03 both become effective. If said ordinance and resolution are for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be
null and void and have no further force and effect.
SECTION 4: 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.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
11 A-15
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2700 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
11 A-16
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE ~ 6103
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
STEADFAST COURTYARDS, L.P.
Dated: October 3,2005
EXHIBIT ,
11 A-17
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
STEADFAST COURTYARDS, L.P.
This DEVELOPMENT AGREEMENT is entered into between THE CITY OF
SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution
and laws of the State of California ("City") and STEADFAST COURTYARDS, L.P., a
California Limited Partnership ("Owner" or "Property Owner").
1. RECITALS. This Agreement is entered into with reference to the following
facts:
1.1 Purpose. The Purpose of this Agreement is to facilitate the development
ofthe mixed-use project contemplated by the City's Specific Development Zoning Designation
SD-79 (SD-79), Tentative Tract Map No. 2005-08 and Mitigated Negative Declaration ER No.
2005-18.
1.2 Code Authorization. The City is authorized pursuant to Government
Code Sections 65864 through 65869.5 to enter into development agreements with persons having
legal or equitable interests in real property for the purpose of establishing certainty for both the
City and Owner in the development process. The City enters into the Agreement pursuant to the
provisions ofthe Government Code and applicable City policies. The parties acknowledge:
(1)
the time of development.
This Agreement is intended to assure adequate public facilities at
(2) This Agreement is intended to assure development in accordance
with the City's General Plan, applicable Specific Plans and Specific Development District
No. 79, as created concurrently herewith by Ordinance No. NS-_.
(3) This Agreement will permit achievement of goals and objectives as
reflected in the City's General Plan, all applicable Specific Plans and Specific Development
District No. 79.
(4) Owner is required by existing City regulations to provide
mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through
the regulatory process:-, as further provided in this Agreement.
(5) This Agreement will allow the City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in addition to those
available through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to the City for entering into this Agreement are of regional significance, relate to
existing deficiencies in public facilities, require Owner to contribute a greater percentage of
benefits than would othelWise be required, and represent benefits which would not othelWise be
required as part of the development process.
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11 A-18
1.2 Owner. Owner represents and warrants that it has an equitable ownership
interest in the real property located in the City of Santa Ana, California, legally described on
Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B
attached hereto and incorporated herein (hereinafter the "Property"), in that it has contracted to
purchase the Property from the City. The Property is approximately 1.1 acres in size and is
currently improved as a parking lot.
1.3 Approval of Owner. Owner further hereby represents that it has
approved this Agreement and is authorized to enter into this Agreement.
1.4 Planning Commission - Council Hearings. On September 12, 2005, the
Planning Commission of the City ("Planning Commission"), after giving notice pursuant to
Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's
application for this Agreement. This public hearing was duly held, all public testimony was
attended to, and the Planning Commission recommended to the City Council of the City that it
execute this Agreement. On , 2005, the City Council ofthe City of Santa Ana
("Council"), after providing notice as required by law, held a public hearing to consider the
Owner's application for this Agreement.
1.5 Council Findings. The Council finds that this Agreement is consistent
with the General Plan, applicable Specific Planes) as well as all other applicable ordinances,
plans, policies and regulations of the City.
1.6 City Ordinance. On ,2005, the Council adopted Ordinance
No. NS-_ approving this Agreement. The ordinance becomes effective thirty (30) days
thereafter.
2. DEFINITIONS. In this Agreement, initially capitalized terms used but not
defined shall have the following meanings unless the context otherwise requires:
2.1 "Agreement" means this Development Agreement between the City and
Steadfast, and all amendments hereof that are properly approved and executed.
2.2
Agreement.
2.3
Agreement.
2.4
Agreement.
"City" has the meaning given such word in the preamble of this
"Council" has the meaning given such word in Section 1.4 of this
"Effective Date" has the meaning given such term in Section 4.2 of this
2.5 "Executive Director" means the Executive Director ofthe City's
Planning and Building Agency or designee.
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2.6 "Final Design" means the final design documents for a work of public art,
which is set forth in greater detail in Section 5.8 of this Agreement.
2.7 "Government Powers" has the meaning given such term in Section 5.13
ofthis Agreement.
2.8 "Map" means Tentative Tract Map No.2005-08, approved concurrently
with this Agreement.
2.9 "Mortgage" has the meaning given such word in Section 8.1 of this
Agreement.
2.10 "Mortgagee" has the meaning given such word in Section 8.2 ofthis
Agreement.
2.11 "Project" is the development of the Property as set forth in SD-79,
Tentative Tract Map No. 2005-08, Mitigated Negative Declaration No. ER 2005-18, and Site
Plan Review No. 2005-12.
2.12 "Property Owner" or "Owner" means Steadfast Courtyards, L.P., being
the person, persons, or entity having a legal or equitable interest in the Property, and includes
Steadfast Courtyards, L.P.' s successors in interest.
2.13 "Property" is the real property described in Exhibit A and referred to in
Exhibit B.
2.14 Public Art" has the meaning given such term in Section 5.8 of this
Agreement.
2.15 Public Art Locational Plan means the conceptual Plan attached hereto as
Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the
location ofthe Public Art required by this Agreement, and is subject to refinement at the time of
installation, by Agreement of the Owner and the Executive Director.
2.16 "Reserved Powers" has the meaning given such term in Section 5.2 of
this Agreement.
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3. EXHIBITS. The following documents referred to in the Agreement are attached
to this Agreement and are identified as follows:
Exhibit
Designation
Description
Referred to
in Section
A
Property Legal Description
2.3
B
Property Graphical Description (Site Plan)
2.3
C
Public Art Locational Plan
2.15
D
Offsite Mitigation Measures
5.1.3
4. GENERAL PROVISIONS.
4.1 Property Subject to Agreement. Until released pursuant to the
provisions of Section 8.6 of this Agreement, the Property shall not be released from this
Agreement until Property Owner.
4.2 Effective Date; Duration of Agreement. The "Effective Date" of this
Agreement shall be the date that the City Council ordinance adopting this Agreement becomes
effective, which date is thirty (30) days after the City Council meeting at which such ordinance is
adopted, unless this Agreement or Ordinance No. NS-_ is the subject of a referendum which
has received a prima facie sufficient number of signatures or unless its Effective Date is stayed
by order ofa court with jurisdiction. The term of this Agreement shall be eight (8) years;
provided, however that the Owner may request one two-year extension from the Executive
Director, which request shall not be unreasonably denied; provided, however, that nothing herein
is intended nor shall it be interpreted to extend the period of validity of any approval issued in
conjunction with the City's Development Project Plan process or building permit, beyond local
requirement.
(b) Pursuant to Section 66452.6(a) ofthe California Subdivision Map Act, the
term of the Map, including any lot line adjustment or merger oflots (or any other tentative map
filed subsequent to the Effective Date ofthis Agreement), shall not expire during the term ofthis
Agreement.
(c) Notwithstanding subsections (a) or (b) hereof, if, at the end ofthe original
or any modified term, the Property is in the process of being developed, the term of this
Agreement shall be further extended until such in process construction is completed, not to
exceed an additional three years after expiration of the original or modified term.
(d) The expiration of this Agreement shall not terminate any land use
approvals approved concurrently with or subsequent to the approval ofthis Agreement, but shall
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11A-21
merely end the period as to which such approvals are vested against subsequent changes in
applicable law.
(e) Upon the expiration or termination of this Agreement for any reason, the
City and Owner and its successors and assigns agree to cooperate and execute any document
reasonably requested by the other party to remove this Agreement from the public records as to
the Property or any applicable portion thereof.
4.3 Assignment. Owner shall have the right to transfer or assign the Property,
in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, that except as
provided in Section 4.4 of this Agreement the rights of Owner under this Agreement may not be
transferred or assigned unless the written consent of the Council is first obtained and any transfer
or assignment ofthe rights under this Agreement shall include in writing the assumption ofthe
duties, obligations, and liabilities arising from this Agreement if the City grants written consent
to transfer the rights. The rights of the Owner hereunder shall not be subject to assignment by
attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such
assignment or transfer shall be wholly void and of no force and effect unless such written consent
thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any
duty, obligation or liability to City without the consent of the City. During the term of this
Agreement, any approved assignee or transferee of the rights under this Agreement shall observe
and perform all of the duties and obligations of Owner contained in this Agreement as such
duties and obligations pertain to the portion of the Property transferred or assigned. Any and all
approved successors and assignees of Owner shall have all of the same rights, benefits, duties,
obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any
subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for
ownership, investment, use or development by them in accordance with the provisions of this
Agreement.
4.4 Assignment to Controlled Assignee. Notwithstanding the above, consent
shall not be required in connection with a Permitted Transfer (as herein defined) provided
Council is notified of such Permitted Transfer and furnished with copies of the fully executed
instruments effectuating same within fifteen (15) business days after the effective date thereof.
For purposes hereof, the capitalized terms used herein shall be defined as follows:
(i) "Permitted Transfer" shall mean transfer ofthe Property and/or
Transfer (defined below) of direct or indirect interests in Owner if, following the transfer (a) the
Property remains under the Legal Control (defined below)Steadfast Residential Properties, a
, or (b) foreclosure pursuant to the provisions of Section 8.5 of this Agreement.
(ii) "Legal Control" shall mean the power or authority, directly or
indirectly through one or more intermediaries, through the ownership of voting securities, by
contract or otherwise, to direct the management, activities or policies of such person or entity.
(iii) "Transfer" shall mean any change in the direct or indirect
members, partners, shareholders or principals in the ownership of an entity or other ownership
components of such entity.
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4.5 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the
same manner as its adoption by an ordinance as set forth in Government Code Section 65868;
provided, however, that as specified in Section 5.5.1 of this Agreement the Executive Director
may approve one or more minor changes in the Project only to the extent that such changes are
not required by State law or the City Municipal Code to be decided by the Zoning Administrator,
Planning Commission (or other City Commission) or City Council.
4.6 Enforcement. Notwithstanding Government Code Section 65865.4, this
Agreement is enforceable by any party to the Agreement in any manner provided by law. The
remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable
for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy,
action or inaction, or any legal proceeding arising out of this Agreement.
4.7 Hold Harmless. Property Owner agrees to and shall hold the City, its
officers, agents, employees, consultants, special counsel, and representatives harmless from
liability: (1) for 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 Property Owner or its contractors, subcontractors,
agents, employees, or other persons acting on its behalf which relate to the Project; and (2)- from
any claim that damages, just compensation, restitution, judicial or equitable relief due by reason
of the terms of or effects arising from this Agreement, other than a breach by the City of its
obligations hereunder. Property Owner agrees to pay all costs for the defense of the City and its
officers, agents, employees, consultants, special counsel, and representatives regarding any action
for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have
been caused by reason of Property Owner's actions in connection with the Project, any third party
claims arising out of this Agreement, or any approval or certification by the City relating to the
Project. This 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 due by reason of the terms of, or effects, arising from this
Agreement or any approval or certification by the City relating to the Project, regardless of
whether or not the City prepared, supplied or approved this Agreement, plans or specifications,
or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, excluding fees and costs for special counsel to be selected by
the City or other outside counselor consultants, if any, regarding any action by a third party
challenging the validity ofthis Agreement or any approval or certification by the City relating to
the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is
due to personal or property rights 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.
4.8 Binding Effect of Agreement. To the extent not otherwise provided in
Section 4.3 ofthis Agreement, the burdens of the Agreement bind, and the benefits ofthe
Agreement inure, to the parties' successors in interest.
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4.9 Relationship of the Parties. The contractual relationship between the
City and Owner arising out of the Agreement is one of independent contractor and not agency.
This Agreement does not create any third party beneficiary rights.
4.10 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 in person or mailed by first class or certified mail, postage prepaid, or sent by
telefacsimile in the manner provided in this Section, to the following persons:
If to the City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
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
Ifto Owner, to:
Steadfast Courtyards, L.P.
c/o Steadfast Companies
20411 S.W. Birch Street
Suite 200
Newport Beach, California 92660
Attn: Brian Lucas
telefacsimile (949) 852-0143
with a copy to:
Manatt, Phelps & Phillips, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Attn: Timi Anyon Hallem, Esq.
telfacsimile: (310) 312-4224
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
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transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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, 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 forth above. For purposes of calculating these time frames, weekends, federal,
state, County, or city holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1 Existing Rules, Regulations and Policies. The rules, regulations and
official policies governing the permitted use(s) of the Property, with respect to and only with
respect to the permitted usee s), density, height, size of structures and intensity of use of the
Property, and provisions for reservation or dedication of land for public purposes and any other
exactions or mitigation measures applicable to the Project shall be those rules, regulations, and
policies applicable to the Property as of the Effective Date, including those set forth in District
Plan No. 79, as amended concurrently herewith.
5.1.1 Phasing of the Project. The City agrees and acknowledges that the
Project is to be constructed in one single phase.
5 .1.2. Non-application of Changes in Applicable Rules. Any change in, or
addition to, the General Plan, zoning ordinance, subdivision ordinance, or building regulation
adopted or becoming effective after the Effective Date, including, without limitation, any such
change by means of ordinance, initiative, referendum, resolution, motion, policy, order or
moratorium, initiated or instituted for any reason whatsoever, however denominated, and adopted
by the City Council, Planning Commission or any City Agency, or by the electorate, as the case
may be, which would, absent this Agreement, otherwise be applicable to the Project and which
would conflict with the approvals granted to the Project as referenced in Section 2.4, shall not be
applied to the Project, except as provided in Sections 5.2 through 5.7 of this Agreement.
5.1.3 Offsite Mitigation Measures. The parties acknowledge and agree that
the offsite mitigation measures which must be funded or constructed by Owner are as set forth in
Exhibit D to this Agreement.
5.1.4 Limit on Fast Food and Take Out Restaurants. At no time during the
term of this Agreement shall the Project include retail space which is devoted to "fast food" and
"take out" restaurants. For purposes ofthis Agreement, a restaurant shall not be deemed to be a
"fast food" or "take out" restaurant if it provides sit-down dining areas and primary table service
for ordering and delivering meals and beverages, and take out service ancillary to such services.
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5.15 Point of Sale for Construction Materials. Owner acknowledges and
agrees that Owner shall use good faith commercially reasonable efforts, at no additional cost or
expense to Owner, to cause the "point of sale" for sales tax purposes for all purchases of building
or construction materials for the Project, including all related goods and services, to be the City
of Santa Ana. Notwithstanding the foregoing, City and Owner each acknowledge and agree that
Owner shall have no obligation to cause the City of Santa Ana to be the "point of sale" for such
purchase if doing so is likely to result in Owner's incurrence of material additional cost or
expense that Owner would otherwise not have incurred.
5.2 Exclusion from Existing Rules, Regulations and Policies.
Pursuant to Government Code Section 65866, and Pardee Construction Co. v.
City of Camarillo (1984) 37 Ca1.3d 465, 208 Ca1.Rptr. 228, 690 P .2d 701, the City retains the
right to enact police power regulations on matters not covered by this Agreement, including
without limitation the following ("Reserved Powers"):
a. Municipal laws and regulations which, Owner hereby agrees and
acknowledges, do not and shall not be interpreted to interfere with Owner's vested rights to
develop and use the Property in accordance with this Agreement. Owner and its successors and
assigns and all persons and entities in occupation of any portion of the Property shall comply
with such non-conflicting laws and regulations as may from time to time be enacted or amended
hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and
regulations include the following:
(1) Existing taxes, assessments, fees and charges, except as otherwise
specifically provided in this Agreement;
(2) Building, electrical, mechanical, fire and similar codes based upon
uniform codes incorporated by reference into the Santa Ana Municipal Code;
(3) Laws, including zoning code provisions, which regulate the
manner in which business activities may be conducted or which prohibit any particular
type of business activity on a city-wide basis; and
(4) Procedural rules of general City-wide application.
b. No vested rights as to any requirements in this Section 5.2 either as to
existing or future regulations, ordinances, policies, and plans are hereby conferred.
5.3 Design and Construction Standards and Specifications. The design
and construction standards and specifications for all Project construction, shall be subject to
applicable design standards and guidelines, including without limitation SD- 79 and Chapter 41
of the Santa Ana Municipal Code, in effect at the time that any development approval shall be
sought for the Project or any unit or structure contained within the Project.
5.4 Retention of Use of Property As Public Parking Lot. Owner agrees to
retain the use ofthe Property as a public parking lot until it commences construction of the
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Project; provided, however, that Owner may close part or all of the public parking lot so long as
it necessary to perform testing on the Property necessary for geotechnical or foundation purposes,
or to investigate whether hazardous materials may exist on the Property. The limitation ofthis
Section 5.4 shall expire and be of no further force and effect upon Owner's commencement of
construction on the Property pursuant to a City issued demolition, foundation or building permit.
5.5 Future Discretionary Approvals. This Agreement shall not prevent the
City, when considering requests for discretionary approvals not covered by this Agreement
subsequent to the Effective Date from applying new rules, regulations, and policies which are
applicable to the Property, including but not limited to, material changes in the general plans,
specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the
City from denying or conditionally approving any subsequent applications for discretionary land
use entitlements based on such existing or new rules, regulations, and/or policies; provided
however, that such new rules, regulations, and official policies are of general application to all
development within the City and are not imposed solely with respect to the Property. In
addition, this Agreement shall not prevent the City from exercising its police power to protect the
health, safety, and welfare of the public. This police power, exercised in accordance with
Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing
between the parties.
5.5.1 Minor Changes. Upon application of Owner, the Executive Director may
approve minor modifications to the discretionary approvals vested pursuant to this Agreement,
provided that such changes are consistent in scope and intention with such approvals. The
Executive Director has the sole and absolute discretion to determine what constitutes a "minor
modification. "
5.6 Processing Fees. All fees and charges intended to cover the City's costs
associated with processing development of the Property, including but not limited to fees and
charges for applications, processing, inspections, plan review, plan processing, and/or
environmental review, which are existing or may be revised or adopted during the term ofthis
Agreement, shall apply to the development of the Property.
5.7 Amendments or Additions to Citywide Fee Programs. This Agreement
shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
or assessments (hereafter collectively referred to as "fees") adopted by the City after the Effective
Date, which shall be applicable to the Project or the Property provided that they (1) are standard
fees applicable to all development in the City (although actual fee rates may vary within the City
where bona fide Citywide fee zones have been established), (2) are not applicable primarily or
only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project
impacts which were analyzed in the mitigated negative declaration prepared for the Project, or
(b) duplicate any exactions, project design features, conditions of approval, Agreements, or
mitigation measures contained in the Development Plan or this Agreement.
5.8 Development, Construction and Completion of Work of Public Art.
In consideration for the extraordinary and significant benefits to the City set forth in this
Agreement, the Owner has been legally vested under Section 5.1 with regard to the permitted
uses ofland, density, and intensity of use, Owner shall include within the Project at one or more
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prime locations visible to the public :from currently existing public right-of-way, one or more
permanent works of public art (the "Public Art"). The Owner shall design. and/or construct the
facilities specified below prior to the corresponding triggering event specified in Section 5.8.1
below. The Public Art shall conform in all respects to Exhibit C ofthis Agreement, the "Public
Art Locational Plan."
5.8.1 Work of Public Art.
F::!cilities to He C;onstmcteo
Trieeerine Event (R g, New TTse or New Are::!)
Prior to issuance of first Building Permit
1. Submit Final Design. of Public Art.
Final design. must conform to Public Art
Locational Plan.
2. Install Public Art.
Prior to the City's issuance of Certificate of Use
and Occupancy for any building.
With respect to the Final Design., Owner shall complete all construction and
development, shall submit all plans, drawings, and other documents, and perform all of its
obligations under this Agreement within the times specified above. During periods of
construction ofthe work of public art encompassed in the Public Art Locational Plan, Owner
shall submit to the City a written report of the progress of the construction when and as
reasonably requested by the City. The report shall be in such form and detail as may be
reasonably required by the City, and shall include a reasonable number of construction
photographs (if requested) taken from the last report by Owner. Development scheduling or date
or times of performance may be subj ect to revision from time to time if first mutually agreed to
in writing. Such revisions do not constitute amendments requiring further notice and public
hearing.
5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of
$3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building
permit. The Inclusionary Housing Fee shall be used by the City for plamring (including but not
limited to preparation of one or more elements of its general plan or for zoning amendments),
conceptual design., final design., bid preparation, award of bid, property appraisal, property
acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated
existing affordable housing in the City.
5.8.4. Park Development Fee. The Owner shall pay an "in lieu" fee in
furtherance of the standard established by section 34-200 et seq. ofthe Santa Ana Municipal
Code, in an amount equal to $345,800.00 (209.1 square feet of park space per residential unit x
$36.75 per square foot x 45 residential units); provided, however that the fee maybe increased
yearly by the average rate of increase in land costs in the City of Santa Ana, as that increase is
established by the annual change in the "Construction Cost Index-Los Angeles," published by
Engineering News-Record, or substitute index chosen by the Executive Director should this
index is discontinued. The fee shall be paid prior to issuance ofthe first building permit for that
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Project. The City shall use not more than twenty five percent (25%) of the Park Development
Fee for the acquisition of the land for parks and the construction of capital improvements and
deferred maintenance at existing parks at any location within the City and not less than seventy
five percent (75%) of the In Lieu Park Development Fee shall be utilized by the City in the
Quadrant of the City (as set forth in the City's Park A & D Fee Program) in which the Project is
located, with priority given to Santiago Park.
5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and
Restrictions (CC&R's) must be provided and approved by the Executive Director for the project
prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the
following:
(1) No more than four residents per residential or live-work unit;
except that there shall be no more than five residents per two bedroom
residential unit.
(2) All residential and live-work units shall not be sold by the original
buyer for one year from his or her close of escrow, unless the original
buyer is transferred out ofthe Southern California region.
(3) Use Restriction for Live-Work Units. The live-work units in the
Project must remain as a live-work community. The work component
shall be limited to one of the allowable uses as specified in the Specific
Development (SD- 79) zoning district.
(4) Repair of common areas, stairs, FF&E and walls will be specified
in the CC&R's in the event of damage.
(5) The CC&R's shall provide notice to prospective owners of the
urban character of the City and this area, including but not limited to the
permitted uses of the property and buildings in the immediate area of the
development (e.g.., Bowers Museum of Cultural Art, day spa, Saint
Joseph's Ballet, Kidseum, carwash, Main Place Regional Shopping Mall,
and surrounding property zoned and/or devoted to commercial use), and
shall provide a release of all claims against the City which may arise from
or relate to the disclosed matters.
(6) The CC&R's shall reflect that ground floor space in the live-work
units shall be restricted to work/retail activities.
(7) The CC&R's shall reflect that patios and balconies shall not be
utilized for the storage of household items, except (A) furniture designed
for outdoor use, (B) barbecues, and (C) plants including plant racks and
stands.
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(8) Terms and Content:
i. CC&R's are to be in effect for an initial period of ninety-
nine years and then automatically expanded for successive one
hundred year periods unless terminated by the joint consent of the
City and not less than seventy five percent of those entitled to vote.
ii. Any proposed material modifications to the CC&R's which
affect the provisions described in this Section 5.8 shall require
written approval by the Executive Director
5.9 Responsibility For Costs of Work Of Public Art. The City and Owner
agree that Owner shall be responsible for all costs associated with the design, construction,
maintenance and repair of the work of public art provided for in the Public Art Locational Plan.
5.10 City to Receive Contract Documents. Owner shall furnish the City,
upon written request, copies of contracts and supporting documents relating to the work of public
art.
5.11 Conditions of Discretionary Approvals. The requirements imposed as
conditions of any discretionary approval received through the City's existing regulatory process
shall be governed by the terms of those approvals, and in no event shall such conditions be
affected by the termination, cancellation, rescission, revocation, or default or expiration of this
Agreement.
5.12 Moratoria. In the event an ordinance, resolution or other measure is
enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate,
amount, timing, sequencing, or phasing of the development or construction of the Project on all
or any part of the Property or the implementation or construction of a mitigation measure, the
City agrees that such ordinance, resolution or other measure shall not apply to the Project, the
Property or this Agreement.
5.13 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Project in substantial conformity with all applicable
laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the
State of California, the County of Orange, the City, or any other political subdivision in which
the Property is located, and of any other political subdivision, agency, or instrumentality
exercising jurisdiction over the City, the Owner or the Property, including all applicable federal,
state, and local occupation, safety and health laws, rules, regulations and standards, applicable
state and labor standards, applicable prevailing wage requirements, the City zoning and
development standards, City permits and approvals, building, plumbing, mechanical and
electrical codes, as they apply to the Property and the Project, and all other provisions ofthe City
and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled
and handicapped access requirements, including, without the limitation, the Americans With
Disability Act, 42 U.S.C. S 12101 et seq., Government Code S 4450 et seq., and the Unruh Civil
Rights Act, Civil Code S 51 et seq. ("Governmental Requirements").
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6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. The City shall, at least every twelve
(12) months during the term of this Agreement, review the extent of good faith substantial
compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section
65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good
faith compliance with the terms of the Agreement at the periodic review.
6.2 Review Letter. If Owner is found to be in compliance with the
Agreement after the annual review set forth in Section 6.1 above, the City shall, upon written
request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon
information known or made known to the City Council, the City Planning Commission and/or
the City Executive Director, the Agreement remains in effect and Owner is not in default. Owner
may record the Letter in the Official Records of the County of Orange.
6.3 Failure of Periodic Review. City's failure to review at least annually
Owner's compliance with the terms and conditions of this Agreement shall not constitute or be
asserted by any party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1 Owner Events of Default. Property Owner is in default under this
Agreement upon the happening of one or more of the following events or conditions (each, an
"Owner Event of Default"):
(1) If a material warranty, representation, or statement made or
furnished by Property Owner to the City is false or proves to have been false in any material
respect when it was made; or
(2) A finding and determination made by the City following a periodic
review under the procedure provided for in Government Code Section 65865.1 and Section 6.1
of this Agreement that upon the basis of substantial evidence the Property Owner has not
complied in good faith with one or more of the material terms or conditions of this Agreement;
(3) Failure to comply with Governmental Requirements;
(4) Any other event, condition, act, or omission which materially
interferes with the intent and objectives of this Agreement.
7.2 Procedure upon Default.
(1) Upon an Owner Event of Default, the City through the Executive Director
shall submit to Owner, a written notice of default, in the manner provided in Section 4.10,
identifying with specificity the nature of the alleged default and, when appropriate, the manner in
which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner
shall cure the identified default(s) at the earliest reasonable time after receipt ofthe notice of
14
11A-31
default and shall complete the cure in any event not later than one hundred and twenty (120) days
after receipt of the notice of default, or such longer period as is reasonably necessary to remedy
such default(s), provided that the Owner shall continuously and diligently pursue such remedy at
all times until such default( s) is cured. If Owner has failed to remedy or diligently proceed to
remedy such default(s) after proper notice and expiration of said one hundred and twenty (120)
day cure period or such extended period as provided herein, the City may terminate or amend this
Agreement in accordance with the procedure adopted by the City. Failure or delay in giving
notice of default- shall not constitute a waiver of any default, nor shall it change the time of
default.
(2) If after the cure period has elapsed, the Executive Director finds
and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be
entitled to appeal that finding and determination to the City Council by filing an appeal with the
City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination
to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council
shall act upon the finding and determination of the Executive Director within ninety (90) days
after the filing of such appeal. ill the event of a finding and determination that all defaults are
cured, there shall be no appeal by any person or entity.
(3) The City does not waive any claim of defect in performance by
Property Owner, if on periodic review the City does not propose to modify or terminate this
Agreement.
(4) Non-performance shall not be excused because of a failure of a
third person.
(5) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Owner, shall be sufficient to terminate this Agreement
and a hearing on the matter shall not be required.
(6) Adoption of a law or other governmental activity making
performance by the Owner unprofitable or more difficult or more expensive does not excuse the
performance of the obligation by the Property Owner.
(7) All other remedies at law or in equity which are not inconsistent
with the provisions of this Agreement are available to the parties to pursue in the event there is a
breach.
7.3 Damages upon Termination. ill no event shall Property Owner be
entitled to any damages against the City upon termination of this Agreement for an Owner Event
of Default.
7.4 Institution of Legal Action. ill addition to any other rights or remedies,
either party may institute legal action to cure, correct, or remedy any default or breach, to
specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any
threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the
purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County
15
11A-32
of Orange, State of California, or in the Federal District Court in the Central District of
California, Southern Division.
8. ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1 Discretion to Encumber. This Agreement shall not prevent or limit
Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion
of the Property or any improvement on the Property by any mortgage, deed of trust, or other
security device (or any number of them) securing financing with respect to the Property or its
improvement (any such encumbrance, a "Mortgage").
8.2' Entitlement to Written Notice of Default. The mortgagee of a mortgage
or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors
and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the
City written notification of any Owner Event of Default.
8.3 Performance of Covenants. The Mortgagee shall have the right, but no
obligation, to perform any term, covenant or condition and to remedy any Owner Event of
Default hereunder within the time periods specified herein, and the City shall accept such
performance with the same force and effect as if furnished by the Owner; provided, however, that
said Mortgagee shall not thereby or hereby be subrogated to the rights ofthe City.
8.4 Default by the Owner. In the event of an Owner Event of Default that
has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees
not to terminate this Agreement (1) unless and until the City provides written notice of such
default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of
Default within ninety business days after the later of delivery of such notice or expiration of any
applicable Owner cure period, and (2) as long as:
(a) In the case of an Owner Event of Default that cannot practicably be
cured by the Mortgagee without taking possession ofthe Property (which defaults shall not
include defaults "not susceptible of being cured" as defined below), (x) the Mortgagee has
delivered to the City, prior to the date on which the City shall be entitled to give notice of
termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to
such delays as may be incident to obtaining a relief from stay in the case of a
bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event
of Default promptly following its obtaining possession and; (y) said Mortgagee shall proceed
diligently to obtain possession of the Property (including possession by receiver) (subject to such
delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution
event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of
Default; and
(b) In the case of an Owner Event of Default that is not susceptible to
being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and
diligently prosecute the same to completion (subject to such delays as may be incident to
obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime
it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a
16
11 A-33
nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or
foreclosure such Owner Event of Default shall be deemed to have been cured.
The Mortgagee shall not be required to obtain possession or to continue in
possession as Mortgagee of the Property pursuant to Subsection 8.4( a) above, or to continue to
prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner
Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its
rights or remedies with respect to any other Owner Event of Default during any period of such
forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If
the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's
right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible
of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner
Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser
shall no longer be deemed Owner Events of Default hereunder.
Except as set forth herein, nothing contained herein shall require any Mortgagee
to cure any Owner Event of Default.
8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder,
whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any
conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of
foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of
the City or constitute a breach of any provision of or a default under this Agreement; and upon
such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in
connection therewith as the Owner hereunder provided that such purchaser or transferee assumes,
subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder
pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its nominee or
assignee shall acquire the Owner's right, title and interest hereunder as a result of a judicial or
nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of
foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure
action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title
and interest hereunder to an assignee upon obtaining the City's consent with respect thereto,
which consent shall not be unreasonably withheld or delayed. Upon such acquisition of the
Owner's right, title and interest hereunder as described in the preceding sentence by either
Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee
or nominee, the City shall immediately execute and deliver a new agreement or amend this
Agreement with such party, upon the written request therefor by such party given not later than
one hundred twenty (120) days after such party's acquisition ofthe Owner's right, title and
interest hereunder. Subject to the terms of Section 8.4 above, such new agreement or amended
Agreement shall be substantially the same in form and content to the provisions of this
Agreement, except with respect to the parties thereto, and the elimination of any requirements
which have been fulfilled by the Owner prior thereto, and said agreement shall have priority
equal to the priority of this Agreement. Upon execution and delivery of such new agreement or
amended Agreement, the City shall cooperate with the new owner, at the sole expense of said
new owner, in taking such action as may be necessary to cancel and discharge this Agreement
and to remove Owner named herein from the Property.
17
11 A-34
8.6 Releases. The City agrees that upon written request of Property Owner
and payment of all fees and performance of the requirements and conditions required of Owner
by this Agreement with respect to the Property, or any portion thereof, the City shall execute and
deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form
and substance acceptable to the Orange County Recorder or as may otherwise be necessary to
effect the release.
9. MISCELLANEOUS PROVISIONS.
9.1 Rules of Construction. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than
one signer of this Agreement, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This Agreement
constitutes the entire understanding and Agreement of the parties with respect to the matters set
forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements
between the parties respecting this Agreement, including without limitation the Original
Agreement. All waivers of the provision of this Agreement must be in writing and signed by the
appropriate authorities of the City or of Owner. All amendments to this Agreement must be in
writing signed by the appropriate authorities of the City and Owner, in a form suitable for
recording in the Official Records of Orange County, California. Within ten (10) days following
the Effective Date, a copy of this Agreement shall be recorded in the Official Records of Orange
County, California. Upon the completion of performance of this Agreement or its revocation or
termination, an appropriate Certificate of Completion acknowledging such occurrence signed by
the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange
County, California.
9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section
65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties
concerning any improvements to the Property or in connection with the Project; and (c) Owner
shall have the full power and exclusive control ofthe Property subject to the obligations of
Owner set forth in this Agreement.
9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this
Agreement are part of this Agreement.
9.5 Captions. The captions of this Agreement are for convenience and
reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions ofthis Agreement.
9.6 Consent. Where the consent or approval of a party is required in or
necessary under this Agreement, the consent or approval shall not be unreasonably withheld.
18
11 A-35
9.7 Covenant of Cooperation. The parties shall cooperate with, deal with
each other in good faith, and assist each other in the performance of the provisions of this
Agreement.
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with wrihen notice of such state or federal restriction, provide a copy of
such regulation or policy, and a statement of conflict with the provisions of this Agreement. The
parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation. Thereafter,
regardless of whether the parties reach an Agreement on the effect of such federal or state law or
regulation upon the Agreement, the matter shall be scheduled for hearing before the Council.
Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The
City Council, at such hearing, shall determine the exact modification or suspension which shall
be necessitated by such federal or state law or regulation pursuant to Government Code Section
65869.5. At the hearing Owner shall have the right to offer oral and written testimony.
9.10 No Reliance By One Party On The Other. Each party has received
independent legal advice from its attorneys with respect to the advisability of executing this
Agreement and the meaning ofthe provisions hereof. In addition, the provisions of this
Agreement shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
9.11 Arms Length Transaction. Each party represents and warrants to the
other the following: it has carefully read this Agreement, and in signing this Agreement it does
so with full knowledge of any rights which it may otherwise have, and it has freely signed this
Agreement without any reliance upon any agreement, promise, statement or representation by or
on behalf of the other party or its agents, employees, or attorneys, except as specifically set forth
in this Agreement, and without duress or coercion, whether economic or otherwise.
9.12 Recording. The Clerk of the Council shall cause a copy of this
Agreement to be recorded with the Office of the County Recorder of Orange County, California,
within ten (10) days following the Effective Date.
19
11 A-36
IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa
Ana, acting by and through its City Manager, pursuant to Ordinance No. NS- , authorizing
such execution, and by Property Owner.
Dated this _ day of
,2005.
THE CITY OF SANTA ANA
By
DA vrD N. REAM
City Manager
Approved as to Form:
By
JOSEPH W. FLETCHER
City Attorney
STEADFAST COURTYARDS, L.P.,
A California Limited Partnership
Cr.!\
I \ \ \1
By: I \ \ \
Name~~::)-- "<
Title: _J
"
..
20
11A-37
ST A TE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
. On this 1Ctbaay of ~~?kefY\~"- , 200S, before me,
LIS d \f',V\C..e,,\:... , a Notary Public in and for said state, personally appeared
12.., ~j~ \ 0,\"".,....,r~ ,personally known to me (or proved to me on the basis of
satisfactory evidence) 0 be the City Manager of THE CITY OF SANTA ANA, the charter city
that executed the within instrument, known to me to be the person who executed the within
instrument on behalf of the municipal corporation therein named, and acknowledged to me that
such municipal corporation executed the within instrument pursuant to its bylaws or a resolution
of its City Council.
WITNESS my hand and official seal.
~...-----~.........................~~
USA VINCENT
-. . Commission # 1389874
i . Notary Public - California ~
Orange County -
. . MyComm.ExpiresDec 13.~
-
\j ..-----.-.
~
Y PUBLIC
COUNTY OF LOS ANGELES
}
) S8.
)
On this __ day of ,200_, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the _ of ., the
__ that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
11 A-38
EXHIBIT A
Property Legal Description
Orange County Assessors Parcel Numbers 002-162-05,002-162-
06,002-162-07,002-162-30,002-162-31, 002-162-32, 002-162-33
and 002-162-34
11A-39
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PURPOSES
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~D1aAl D1S1R1CT COURl Of CAlIfORNIA.
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APN: 002-162-05,06,07. AND 30-34
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SCALE: 1"
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STATEMENT OF IMPROVEMENT AND PUBlIC lJTlIT1ES
,. REPlACDIENT Cf DlISlN; SlOEWAlXS AU. 1IIOTH (Ii IIUIN Sf.. '!! ADJACEHT
10 R.llI CJI 1ilM Nfl) 201M ST.
2. IlEW QJR8 R.IWS tw 191M N<<J 20TH ST. AT IlAII Sl.
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CONmUCTlON NOm
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A.&112
DESIGN DEVELOPMENT 1007. DATED:07/0a/05
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EXHIBIT C
Public Art Locational Plan
1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is
required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed
to by the City's Planning Commission and Owner) to be placed along Main Street or 20th
Street, with the final location to be determined as specified below. The public art should
invite participation and interaction, inspire, add local meaning, interpret the community by
revealing its culture or history, and/or capture or reinforce the unique character of the new
place. A comprehensive Public Art Plan indicating compliance with this requirement, and
which proposes specific pieces of art for specific locations or applications, shall be submitted
to the Planning Commission in conformance with Section 5.8.1 of this Agreement. All
public art approved by the Planning Commission in the Public Art Plan shall be completely
installed as provided in Section 5.8.1 of this Agreement. Review and approvals required by
the Planning Commission pursuant to Sections 5.8, 5.8.1 or this Exhibit C may be delegated
to a committee of same duly constituted pursuant to the Planning Commission's bylaws.
2. Art should be sited to complement features such as plaza or architectural components so that
the art is an integral part of the development site.
3. Public art should be constructed using durable materials and finishes including but not
limited to stone or metal.
4. No art piece provided pursuant to the public art requirement shall include advertising of any
type, including but not limited to products, services or businesses.
5. All public art provided pursuant to the public art requirement shall be properly maintained at
all times, be free of any graffiti and shall not incorporate any flashing or distracting form of
illumination.
6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the
project site and may not be removed without the approval of the Planning Commission.
7. Expenses Not Allowed from Art Allocation
. 1. Expenses to locate the artist (e.g., airfare for artist interviews, etc.)
11. Architect and Landscape Architect fees.
iii. Landscaping around a sculpture that is not included as part of the artist's sculpture
furnishings, including, but not limited to, functional structures, prefabricated water or
electrical features not created by the artist, and ornamental enhancements.
iv. Utility fees associated with activating electronic or water generated artwork.
v. Lighting elements not integral to the illumination of the art piece.
VI. Publicity, public relations, photographs, educational materials, business letterhead
or logos bearing artwork image.
11A-52
Vll. Dedication ceremonies, including sculpture unveilings or grand openings.
8. To be eligible, the proposed work of public art shall not be:
1. a mass produced object from a standard design;
11. a reproduction, whether produced by mechanical or other means, of an original
work of art;
111. elements of building, designed by the building's architect, as opposed to a public
artist commissioned for the express purpose of creating a unique work of public
art; nor
IV. a water feature, in whole or in part.
11 A-53
EXHIBIT D
Offsite Mitigation Measures
Tmprovement
T .oc::Jtion
1. Install new traffic signal
Main Street N/O 20th Street
2. Reconstruct street pavement
19th Street & 20th Street to
centerline of road at Project
Frontage
19th Street & 20th Street at
Project Frontage
Main Street at Project
Frontage
3. Construct sidewalk and
parkway/install street trees
4. Construct sidewalk and access
ramps
Ste::Jrlf::Jst to ronstmct or
P::JY rity to ronstmct
City to construct (prelim-
inary estimate of cost =
$260,000)
City to construct (prelim-
inary estimate of cost =
$70,000)
Steadfast to construct
Steadfast to construct
1. For those items which the City is constructing and for which Steadfast is paying
the full cost, Steadfast shall pay the City as follows:
a. For Item No. 1 ("Install new Traffic Signal"), the City shall provide
Steadfast with a final, updated estimate of these costs, if necessary, no later than forty-five (45)
days after the Effective Date. Steadfast shall pay the City monies equivalent to the final updated
estimate, or if one is not provided the preliminary estimate, sixty (60) days from the Effective
Date.
b. For Item No.2 ("Reconstruct Street Pavement") the City shall provide
Steadfast with a final, updated estimate of these costs, if necessary, no later than five (5) business
days before approval ofthe first final map. Steadfast shall pay the City monies equivalent to the
final updated estimate, or if one is not provided the preliminary estimate, before approval of the
first final map for the Project.
c. The City shall complete construction of these items prior to the first
certificate of occupancy for the Project.
d. The City' final, updated estimates, or if none is provided by the deadlines
set forth above, the preliminary estimates, shall be final and conclusive.
2. For those items which Steadfast is constructing, Steadfast shall complete
construction prior to approval of its first final map for the Project; provided, however, that
Steadfast shall have the unilateral right to extend this deadline to the first certificate of occupancy
for the Project upon execution of the City's standard subdivision improvement agreement to be
entered into pursuant to California Government Code S 66462(a)(I).
Any deadline pursuant to this Exhibit D may be extended by mutual written agreement of
Steadfast and the City Manager or designee.
11 A-54
CITY OF SANTA ANA
PARK DEVELOPMENT, RECREATION PROGRAMS
& EDUCATION PARTNERSHIPS
CITY COUNCIL COMMITTEE
May 3, 2005
MINUTES
The meeting was convened at 5 :50 p.m. in the City Hall, Room 831.
The following Council Members were present: Mike Garcia
Claudia Alvarez
Jose Solorio (Absent)
Staffs present were: Ron Ono, Park Administrative Services Manager, PRCSA
Mike Vigliotta, Deputy City Attorney
Mike Lopez, Park Superintendent
Lorraine Lazarine-McCarty, Community Services Manager
Suzi Fwjanic, Associate Park Planner
1. APPROVAL OF MINUTES
ACTION ITEM: Minutes of March I, 2005 meeting were approved as submitted.
2. CAPITAL IMPROVEMENT PROJECTS (Unfunded)
Staff provided a list of unfunded capital improvement projects totaling $77 million. Some of
the major capital projects implemented in the past were the Santa Ana Children Zoo,
Centennial Skate Park, Dan Young Youth Synthetic Turf Soccer field, and Santiago Nature
Viewing Facility. Others that will be implemented soon are the Santiago Interpretative
Center, Centennial Synthetic Turf Soccer Field #2, JeromelEl Salvador Center
Improvements, Centennial Picnic Shelters, Patricia Lane Park, and the McFadden Triangle
Landscape.
Staff indicated the city has been very successful in obtaining grants to construct the agency's
capital and deferred maintenance projects and has used volunteers to supplement this effort.
Although most of the city's Park Bond funding (proposition 12 & 40) was used to address
the city's major deferred maintenance work in our park system, staff will continue seeking
grant funding for capital projects.
3. BONILLA PROMOTIONS JARIPEO RODEO & CONCERT UPDATE
On Sunday March 6, 2005 the Santa Ana Stadium hosted Bonilla Promotions Jaripeo Rodeo
& Concert that drew 8,000 spectators. The event included bull riding, dancing horses, lasso
artist and mariachi music. The event was a success and the City of Santa Ana earned $12,533
for the rental of the stadium. Bonilla Promotions paid for all staff cost related to the event
and is interested in conducting similar events in the future.
May 3, 2005
City Council Committee on 1
Park Dev., Recreation Programs & Education Partnership - Minutes
138-1
4. MOTHER'S DAY EVENT
The 4th annual Mother's Day Celebration will be held on Saturday, May 7,2005; 5:00 p.rn. to
9:00 p.rn. at the Santa Ana Stadium. TiIlamook Cheese will be the title sponsor of the event.
Bonilla Promotions is also part of the event planning and is proposing to bring well known
Hispanic entertainment to the event as well as coordinating the food and beer sales at the
event. The Friends of Santa Ana Parks and Recreation will be giving away long stem roses to
all mothers at the event. Teresa's Jewelers will provide a necklace to eight Santa Ana
mothers who were outstanding participants and volunteers at the senior centers.
5. YOUTH EXPO UPDATE
Councilmember Garcia requested this item be postponed to the next meeting.
6. PUBLIC COMMENTS
. None
7. COMMITTEE MEMBER COMMENTS
· Due to the July 4th holiday and a conflict with the City Council meeting,
Councilmember Garcia requested the July 5,2005 meeting be moved to July 19,
2005.
8. ITEMS FOR FUTURE MEETINGS:
. Youth Expo Update
9. NEXT MEETING:
July 19, 2005-5:45p.m.
City Han, Room 831
Meeting adjourned at 6:50 p.rn.
--~--
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services Agency
City Council Committee on 2
Park Dev., Recreation Programs & Education Partnership - Minutes
May 3, 2005
138-2
CITY OF SANTA ANA
PARK DEVELOPMENT, RECREATION PROGRAMS
& EDUCATION PARTNERSHIPS
CITY COUNCIL COMMITTEE
July 19, 2005
MINUTES
The meeting was convened at 5:55 p.m. in the City Hall, Room 831.
The following Councilmembers were present: Jose Solorio
Claudia Alvarez
Mike Garcia (absent)
Staffs present were: Gerardo Mouet, Exec. Director PRCSA
Mike Vigliotta, Deputy City Attorney
Ron Ono, Park Administrative Services Manager, PRCSA
Mike Lopez, Park Superintendent
Guest: Pedro Magallon
1. APPROVAL OF MINUTES
ACTION ITEM: Minutes of May 3, 2005 meeting to be submitted for approval at the next
committee meeting.
2. SPORTS UPDATE
. Soccer and Stadium Fees:
Staff presented the fee schedule for the Dan Young Soccer Complex and the Santa
Ana Stadium. Discussion focused on establishing a fee for residents (player) which
was not identified on the fee schedule.
ACTION ITEM:
I) Staff to survey and report back information on the commercial fee
schedules for other stadiums in the area.
2) What is the $9,500 cost based on?
3) Identify the pros and cons on synthetic field at the stadium.
4) Have SAPD present the fee breakdown for police cost at the stadium.
5) Provide a recommendation for resident and non-resident fee.
. Match Point Tennis Proposal
Elson T. De Cantuaria, the Founding Director and owner of Match Point Tennis
Academy (MPTA) submitted a proposal for leasing ofCabrillo Tennis Center to run
an Academy to help develop skiJIs of Santa Ana youth tennis players to compete in
local and national tennis competition. The tennis facility will be managed and
operated to respect the continuity of serving the traditional patrons.
City Council Committee on 1
Park Dev., Recreation Programs & Education Partnership - Minutes
July 19, 2005
138-3
MPT will provide five talented Santa Ana youth players (boys and/or girls)
sponsorships that cover the cost of training and conditioning at the Academy. The city
can also sponsor players to participate in the program. The program will also include
an educational component to ensure the player continue to strive for academic
success. The agreement with MPT A to lease Cabrillo Tennis Center will be for 5
years with an option to extend an additional 5 years. Council expressed concerned
about the scheduled impact of the program and the loss of tennis revenue.
ACTION: Recommend providing a one year contract with options to extend.
3. PROGRAM UPDATE
· Health and Fitness Task Force
Staff presented the status of the Health and Fitness Task Force and indicated that on
August 13,2005, the Madison Park Neighborhood Association will kickoffthe first
Safe and Active Living District (SALUD) with a one-hour Walk-A- Thon down the
bike trail and Community Faire/Concert at the park. Staff will be seeking grants to
fund the program and hire 2 student interns to run the program.
. Youth Expo
On October 9, 2005, the Sixth Annual Youth Expo will be held at the Santa Ana
College. The Expo will bring together youth and the resources they need to succeed
in life, including college recruiters, financial aid counselors, trade school
representatives, employers and others. Partners that will be hosting the event include
the City of Santa Ana, Santa Ana College, Santa Ana Unified School District, UC
Irvine and Cal State University in Fullerton. The Expo will include a resource fair of
educational, financial, vocational, community service, volunteer programs,
sports/physical fitness, and career opportunities. The fair will also include a concert,
cultural fair activities, entertainment, leisure class demonstrations, PolicelFire
displays and luncheon.
4. PARK IMPROVEMENT UPDATE
. Santa Ana River Task Force
Staff presented the status of the Santa Ana River Task Force membership
appointments, proposed meeting location and time. Staff is currently assembling
information and maps of the Santa Ana River and agenda reviewing information from
the City of San Bernardino and Riverside. The first meeting staff will introduce the
purpose for the Task Force, present audiovisual materials of the river, outline
objectives, focus on the presentation of a mission statement and identifY a schedule
for future meetings.
City Council Committee on 2
Park Dev., Recreation Programs & Education Partnership - Minutes
July19,2005
138-4
. Park Improvement Projects
Currently, $7 million of grant-funded projects is in the design stage. A number of
grant applications are still pending review by the State. An anticipated $11 million
will be available within the next 3 years from Park Acquisition and Development
funds and Park in-lieu funds. Funding will be used to match future grants and/or
construct major priority projects in the quadrant. Staff presented a list of projects
being proposed for implementation with a combination of grant funding and park
development funding.
One ofthe projects included synthetic turf in the stadium. Council member Solorio
and Alvarez asked if events such as concerts, rodeos, church revivals and special
events would be able to continue at the stadium once the synthetic turf is installed.
Staff indicated the manufacturer of synthetic turf do not recommend having these
types of events on the field. Councilmembers voiced concern on the use of synthetic
turf at the stadium without additional research.
Councilmembers requested if development funding could also be provided for the
zoo. Councilmembers also supported the idea of constructing a new administration
building for Parks, Recreation and Community Services Agency.
. Zoo Logo
The existing zoo logo is over 20 years old. Parks, Recreation and Community
Services Agency (PRCSA), in partnership with the Friends of the Santa Ana Zoo
(FOSAZ), retained a consultant to design a new logo. A team of individuals from the
PRCSA, FOSAZ, Zoo staff and the consultant provided input to the new design.
The new logo will help the zoo establish a strong new visual identity, and will offer
new marketing and promotional opportunities. The FOSAZ provided all the cost for
the design. On May 25,2005, the Board of Parks & Recreation approved the
concept of the new logo. The Park Development, Recreation Program and Education
Partnership Council Committee supported the new concept and received and filed the
report.
ACTION ITEM: Receive and File
S. PUBLIC COMMENTS
· SA YSA indicated a Soccer Tournament is being planned for October 1,2005 at the
Dan Young Soccer Complex. ChivaslMLS will be playing and requested city
sponsorship for the tournament.
. Pedro Magallon asked if bleachers can be installed on the Youth Soccer Field at Dan
Young Soccer Complex, and indicated A YSO can assist in the installation of the
bleachers.
City Council Committee on 3
Park Dev., Recreation Programs & Education Partnership - Minutes
July19,2005
138-5
6. COMMITTEE MEMBER COMMENTS
. None
7. ITEMS FOR FUTURE MEETINGS:
. Update of Stadium Resident Fee
8. NEXT MEETING:
September 13, 2005-5:45p.m.
City Hall, Room 831
(Staff to confirm date with Councilmember Garcia)
Meeting adjourned at 7:30 p.m.
-u:
Gerardo Mouet
Executive Director
Parks, Recreation and ommunity Services Agency
City Council Committee on 4
Park Dev., Recreation Programs & Education Partnership - Minutes
July19,2005
138-6
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2'" Reading
o Implementing Resolution
o Set Public Hearing For
APPROPRIATION ADJUSTMENT
ACCEPTING FUNDS FOR THE
TRAFFIC SIGNAL AT MACARTHUR
BO EVARD AND BIRCH STREET
2
(,.4..
CI Y
~ / RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting funds from Nexus Companies in the
amount of $265,000 into the Select Streets Construction and Developer
Contribution funds (account no. 59-01-5790) and appropriating funds to the
Select Streets Construction funds (account no. 59-551-6631) for the traffic
signal installation at MacArthur Boulevard and Birch Street.
DISCUSSION
As part of the Cooperative Agreement for Sandpointe Neighborhood Improvements.,
the developer, the Nexus Companies, is required to fund the installation of a
traffic signal at MacArthur Boulevard and Birch Street. The funds received by
the City of Santa Ana will be used for design and construction of the traffic
signal. The City will be responsible for the installation.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $265,000 will be deposited into the Select Streets
Construction and Developer Contribution funds (account no. 59-01-5790) and
appropriating funds to the Select Streets Construction funds (account no. 59-
551-6631)
APPROVED AS TO FUNDS AND ACCOUNTS:
. A---Z'~7-'
James G. Ross
Executive Director
Public Works Agency
~'~"J/'
?/
""1 ~r: ~. , ~ .;:L
Fr~nclsco Gutierrez
Executive Director
Finance & Mgmt. Services Agency~
208-1
208-2
REQUEST FOR
COUNCIL ACTION
,~
~~~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
Q~
APPROVED
o As ReGommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTRACT AMENDMENT FOR
BODY ARMOR VESTS
(SPEC. NO. 02-006)
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Amend the contract with Galls/Uniform Center,
Uniform Co., Inc., for body armor vests by
amount not to exceed $115,051.
a division of Long Beach
$68,000 for the annual
DISCUSSION
Police officers are required to wear body armor vests while performing
their field job duties for protection and safety. On April 4, 2005,
the City Council authorized the first renewal to the contract with
Galls/Uniform Center, a division of Long Beach Uniform Co., Inc., for a
one-year period for a total of 80 vests. Recently, safety concerns
have been raised regarding the long-term viability of vests made from
Zylon. Therefore, the vendor has agreed to exchange all Zylon vests for
vests made with Kevlar. Also, the Police Department requires an
additional 120 vests. Staff recommends amending the contract now to
address the immediate need, while initiating a new bidding process for
future body armor vests.
FISCAL IMPACT
Funds are available in the Police Property & Facilities Operating
Materials & Supplies account (account no. 11-343-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
/~\ {v'tJ--
Paul M. Walters
Chief of Police
~!\r-..""~~M ,..., ~,~ ~.
Francisco Gutierrez
Executive Director
22A~,ance & Mgmt. Services
Agency .r
,J
PMWjTOj02-006-A.7:UC
"','jH:l
22A-2
REQUEST FOR
COUNCIL ACTION
,lt1
~~
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT RENEWAL FOR
OFFSET PRINTING SERVICE
(SPEC. NO. 02-119)
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
a~
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Anytime Printing for offset printing service
for a one-year period in the annual amount not to exceed $140,000.
DISCUSSION
The Central Services Section of the Finance and Management Services
Agency supervises the duplicating and printing of City stationery, NCR
forms, flyers, posters and envelopes to various City agencies. Jobs of
less than 2,000 sheets are copied in-house. Higher volume and enhanced
jobs are cost-justified for offset printing by a third party vendor.
The offset printing service typically requires a maximum
period of three days. The contract for offset printing
designed to provide quality products in a timely manner
significant savings based on quantity pricing.
completion
service is
and at a
On October 21, 2002, the City Council awarded a contract to Anytime
Printing for a three-year period, with provision for two one-year
renewals. The vendor has agreed to renew the contract; however, the
vendor has requested a five percent increase due to paper stock
increases. The vendor has performed satisfactorily during the past
contract period, and staff recommends the first renewal of the
contract.
228-1
L;~ J8j
Contract Renewal for Offset Printing Service
(Spec. No. 02-119)
October 17, 2005
Page 2
FISCAL IMPACT
Funds are available in the various departmental Other Contractual
Services accounts (object code 6291).
"t~'~I"~ \\.~J. ~
Francisco Gutierrez
Executive Director
Finance and Management Services AgencYI/
'"
-
FG/KM/02-119-R.2:uc
228-2
REQUEST FOR
COUNCIL ACTION
~
l,d'H'''.'''ll' '
'~'(
- v '\,~
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT RENEWAL FOR
TYPEWRITER AND FACSIMILE
MACHINE MAINTENANCE
(SPEC. NO. 03-081)
APPROVED
D As ReGommended
D As Amended
D OrdinanGe on 1 st Reading
D OrdinanGe on 2nd Reading
D Implementing Resolution
D Set PubliG Hearing For
U@
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Renew the contract with Pacific Typewriter & Communications,
maintenance service on typewriters and facsimile machines,
supplies, for a one-year period in the annual amount not
$25,000.
Inc. for
including
to exceed
DISCUSSION
The City of Santa Ana utilizes typewriters and facsimile machines
throughout the organization to facilitate daily operations. A contract
agreement providing on-call and preventative maintenance is essential
for maximum efficiency.
On November 3, 2003, the City Council awarded a contract to Pacific
Typewriter & Communications, Inc. for a two-year period, with provision
for three one-year renewals. The vendor has performed satisfactorily
during the past contract period and has agreed to renew the contract
without an increase in pricing. Staff recommends the first renewal of
the contract.
FISCAL IMPACT
Funds are available in the various departmental Other Contractual
Services accounts (object code 6291) .
l;.i\r-.~~ ;""'f' ., ~ .4..-: _
Francisco Gutierrez
Executive Director
Finance and Management Services Agency~-
.;
FG/KM/03-081-R.2:uc
22C-1
I:,; .,~.,
22C-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2M Reading
o Implementing Resolution
o Set Public Hearing For
CONTRACT RENEWAL FOR
TRAFFIC LINE PAINTING AND
TRAFFIC SIGN MAINTENANCE
(SPEC. NO. 04-103)
/ aa
it; C~~ t2-
. CITY MANAGER
CONTINUED TO
FILE NUMBER
IV RECOMMENDED ACTION
Renew the contract with Orange County Striping Service, Inc. for traffic
line painting and traffic sign maintenance for a one-year period in an
annual amount not to exceed $505,275.
DISCUSSION
The Public Works Agency's Street Maintenance Division is responsible for
maintaining the streets of Santa Ana. In order to do so, a contract for
annual traffic line painting and traffic sign maintenance is required.
Contract services include the installation and removal of traffic
stripes, pavement markings, curb markings and raised pavement markers.
In addition, the contract will provide for the installation and removal
or relocation of traffic signs.
On September 20, 2004, the City Council awarded a contract to Orange
County Striping Service, Inc. for a one-year period, with provision for
three one-year renewals. The vendor has performed satisfactorily during
the past contract period and has agreed to renew the contract without an
increase in pricing. Staff recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the Public Works Roadway Markings and Signs Other
Contract Services account (account no. 11-623-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Jame G.
Exe~utive Director
,Public Works Agency
\J
,"~~t',~"",--" ~ .~-...
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services AgenCy~
220-1
-
220-2
REQUEST FOR
COUNCIL ACTION
~
'~\''<\Ul'''tlO'll';;)
, ,.,
~ ~
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT RENEWAL FOR
INDUSTRIAL PAINTING OF
WATER PRODUCTION EQUIPMENT
(SPEC. NO. 04-107)
fltij{2
CITY MANAGER
APPROVED
D As ReGommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For____
CONTINUED TO
---
FILE NUMBER
RECOMMENDED ACTION
Renew the contract with Spectra Company for industrial painting of
water production equipment for a one-year period with an option for one
one-year extension in the amount not to exceed $30,000.
DISCUSSION
The City currently operates 19 active water wells and seven water
pumping stations to supply the City's drinking water system. Various
components of the water system, such as pumps, motors, valves,
pipelines, and other appurtenances are exposed to the elements or
operate in harsh atmospheric conditions. These components are coated
wi th a protective paint to prevent deterioration. The contract will
provide for maintenance painting on an as-required basis, helping to
insure uninterrupted operation of all water production facilities.
On October 4, 2004, the City Council awarded a contract for a one-year
period, with provision for two one-year renewals. The vendor has
performed satisfactorily during the past contract period and has agreed
to renew the contract without an increase in pricing. Staff recommends
the first renewal of the contract.
FISCAL IMPACT
Funds are available
Other Contractual Se
in the Water Utility Water Production & Supply
account (account no. 64-574-6291).
Jim Ross
, ~xecutive Director
~Public Works Agency
JR!BP!04 l07-R.9,uc
APPROVED AS TO FUNDS AND
'\-1\E\.~"~~r.() \\ .~:. ~
Francisco Gutierrez
Executive Director
22E',j,1ance & Mgmt. Services
ACCOUNTS:
Agency /.-
-.
22E-2
REQUEST FOR
COUNCIL ACTION
t!(1
-,~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
CONTRACT RENEWAL FOR
FIRE HYDRANTS AND ACCESSORIES
(SPEC. NO. 04-110)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For__
Q;2Ja,
ITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Renew the contract with Sand J Supply Co., Inc.
accessories for a one-year period in the annual
$55,021.
for fire hydrants and
amount not to exceed
DISCUSSION
In order to maintain fire safety standards, the Public Works Agency
requires an assortment of fire hydrants and accessories. The items are
purchased through the Central Stores warehouse for distribution. The
contract for the supplies is designed to provide quality products at
significant savings based on quantity pricing.
On October 4, 2004, the City Council awarded contracts for fire
hydrants and extensions to Sand J Supply Co., Inc. and repair kits to
Dangelo Company, Inc. for a one-year period, with provision for three
one-year renewals. Sand J Supply Co., Inc. has agreed to renew the
contract and has requested a five percent increase due to increases
from the manufacturer as a result of rising costs for raw materials.
The vendor has performed satisfactorily during the past contract
period, and staff recommends the first renewal of the contract, which
includes awarding the fire hydrant repair kits to S & J Supply Co.,
Inc. Due to a requested price increase of 18 percent from Dangelo
Company, Inc. for fire hydrant repair kits, the contract will not be
renewed.
22F-1
C.,'. j~.J
Contract Award for Fire Hydrants and Extensions
(Spec. No. 04-110)
October 17, 2005
Page 2
FISCAL IMPACT
Funds are available in the Water System Maintenance and
Capital Expense Operating Materials & Supplies accounts
64-575-6391 and 66-578-6391) .
Water Utility
(account nos.
APPROVED AS TO FUNDS AND ACCOUNTS:
+I:\~~~:"''',-" ~.-\.~",-,
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services AgencYt~/
Jame G. Ross
!EX utive Director
lp lic Works Agency
JGRjWOj04-110-R.9:uc
22F-2
REQUEST FOR
COUNCIL ACTION
~rt1.
~n~
~fIl.U(."t lOll h'/,)
~.~~
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTRACTS RENEWAL FOR
EQUIPMENT RENTAL AND CONCRETE
(SPEC. NO. 04-127)
CONTINUED TO
~
FILE NUMBER
RECOMMENDED ACTION
Renew the contracts for equipment rental and concrete in small batches
for a one-year period in the annual aggregate amount not to exceed
$70,000 with the following vendors:
Vendor:
Rental Service Corporation
Sunstate Equipment Co. LLC
United Rentals North West Inc.
Location:
Santa Ana
Anaheim
Santa Ana
DISCUSSION
City agencies rent equipment and purchase small batch concrete for
special projects as well as for a wide variety of routine duties. It
is cost-effective for the departments to rent equipment for a one-day
project in lieu of purchasing the equipment. Rentals include, but are
not limited to: manlifts, generators, chain saws, skid steer loaders,
sod cutters, stake bed trucks with lift gates, carpet cleaners,
plumbing power snakes, electric rotary hammers, concrete trailers with
double axles and electric scissors. Concrete is purchased as batch
plant mix in quantities of one-half yard to two yards. The small
batches of concrete allow quick and easy use for repair projects where
ordering a truck load is cost prohibitive.
22G-1
C.:,.'I<'
Contracts Renewal for Equipment Rental and Concrete
(Spec. No. 04-127)
October 17, 2005
Page 2
period, with provision for two one-year renewals.
On November 15, 2004, the City Council awarded contracts for a one-year
performed
agreed to
recommends
satisfactorily during the past contract
renew the contracts without an increase
the first renewal of the contracts.
FISCAL IMPACT
The vendors
period and
in pricing.
have
have
Staff
Funds are available in the various departmental Operating Material &
Supplies accounts (object code 6391) .
~t\.~~~,~t-.~ ~.~.~
Francisco Gutierrez
Executive Director
Finance and Management Services Agenc~.'
-
FGjKMj04-127-R.2:uc
22G-2
REQUEST FOR
COUNCIL ACTION
~
""Il\.Walloll ,-,
~,~
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS RENEWAL FOR
MICROFILM SUBSCRIPTION SERVICES
(SPEC. NO. 05-107)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
a~
CITY MANAGER
CONTINUED TO
.-/
FILE NUMBER
RECOMMENDED ACTION
Renew the contracts for microfilm subscription services for a one-year
period in the annual amount not to exceed $14,879 with the following
vendors:
ProQuest Information
Learning Company
DISCUSSION
The City of Santa Ana Library provides patrons with newspaper articles
on microfilm. The microfilmed articles are made available for patrons
to review or photocopy. ProQuest Information and Learning Company,
formerly known as University Microfilms International, is the sole
source provider of newspapers and indexes on microfilm. ProQuest
Information and Learning Company has performed satisfactorily and
Library staff recommends renewal.
FISCAL IMPACT
Funds are budgeted and available in the Library Adult Services Other
Agency Services account (account no. 11-212-6251).
APPROVED AS TO FUNDS AND ACCOUNTS:
~ .
/ .
)" /--------
Rob Richard
Library Director
~<:\~~ \ ~ U ~.-J *::.
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
./
Agency,.
--
RRjBPj05-107-R.4:uc
22H-1
'.SJd"
22H-2
REQUEST FOR
COUNCIL ACTION
~
';'d\l""llOli, ,
~
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
LARGE EQUIPMENT PARTS AND SERVICE
(SPEC. NO. 05-108)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For___ ~
f1L4:2-
CI Y MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Haaker Equipment Company for large equipment parts
and service for a three-year period in the annual amount not to exceed
$20,000.
DISCUSSION
The Fleet Maintenance Division of the Finance and Management Services
Agency is responsible for the maintenance and repair of large
equipment. Parts are replaced in order to maintain safety and
effectiveness. A parts inventory is maintained for immediate
availability. As such, infrequently required parts are ordered as
needed. Shop repairs on large equipment are jobbed out to manufacturer-
authorized repair shops based on the work schedule of Fleet
Maintenance. In 2002 the City purchased one Vactor sewer truck and four
Elgin street sweepers. As the equipment ages, repair costs have
increased. Staff recommends Council approval of a parts and service
contract with Haaker Equipment Company, the authorized Southern
California repair shop for Elgin and Vactor equipment.
FISCAL IMPACT
Funds are available
Maintenance & Repair
111-6281) .
in the Equipment Maintenance Garage Operations
of Machinery & Equipment account (account no. 75-
,\~~)',,~.'-. ~~.
Francisco Gutierrez
Executive Director
Finance and Management Services Agency~-
,
FG/KM/05-108.2 :uc 221-1
,-, JK'
221-2
REQUEST FOR
COUNCIL ACTION
~
'(~I;
~v "
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 3, 2005
~/> h;Z"/:2/"
/ '.--0
" ,z{ 4/J': "~'-~.
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
OCT 1 7 2005
TITLE:
CONTRACT AWARD FOR
MIDSIZE PASSENGER VEHICLES
(SPEC. NO. 05-092)
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Rancho Motor Co. for the purchase of 14 midsize
passenger vehicles in the amount of $263,751.52.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget, and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department.
Various City departments utilize midsize passenger vehicles to perform
routine business. Due to the larger interior design of the Chevrolet
Impala versus the Ford Taurus and Buick Regal, it has been selected as
the City's current standard for a midsize vehicle. The current year's
vehicle replacement list includes 14 Dodges, Chevrolets and Ford sedans
from 1987 through 1999 with 13 belonging to the Police Department's
Investigation Division and one to the Planning and Building Agency's
Community Preservation Division. Due to age, mileage and condition,
the 14 midsize passenger vehicles have been approved for replacement in
the current fiscal year.
The notice inviting bids
bids were solicited.
received is as follows.
was advertised on August 19 and 22,
A summary of the bid invitations
2005 and
and bids
15 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
6 Bids received
22J-1
,".:; 1M.'
Contract Award for Midsize Passenger Vehicles
(Spec. No. 05-092)
October 3, 2005
Page 2
Bids were received, opened on September 7, 2005, and evaluated (Exhibit
1). The bid received from Rancho Motor Co. for 14 Impalas is responsive
to the specifications and meets the City's requirements.
FISCAL IMPACT
Funds are available in the Equipment Replacement account (account no.
76-145-6641) .
f~
tZ~~~,-(. f dy~~
Francisco Gutierrez
Executive Director
Finance and Management Services AgenC~
FGjKMj05-092.2:uc
22J-2
ABSTRACT OF BIDS
CONTRACT AWARD
MIDSIZE PASSENGER VEHICLES
(SPEC. 05- 092)
VENDOR RANCHO LAKE MAURICE J.
MOTOR CO CHEVROLET SOPP & SON
LOCATION VICTORVILLE LAKE ELSINORE HUNTINGTON PARK
TERMS NET 30 NET 30 NET 30
PASSENGER VEHICLE
1 IMPALA 3LT #lWCl9 $ 17,606.20 $ 17,769.00 $ 17,900.00
13 IMPALAS $ 228,880.60 $ 230,997.00 $ 232,700.00
1 IMPALA lLT #lWC19 $ 15,786.70 $ 15,765.00 $ 15,725.00
SUB-TOTAL $ 244,667.30 $ 246,762.00 $ 248,425.00
SALES TAX $ 18,961.72 $ 19,124.06 $ 19,252.94
TIRE FEE $ 122.50 $ 122.50 INCL
GRAND TOTAL $ 263,751.52 $ 266,008.56 $ 267,677.94
DELIVERY 75 TO 90 DAYS NOT QUOTED 90 DAYS
VEHICLE CHEVY IMPALAS CHEVY IMPALAS CHEVY IMPALAS
1WC19/1WT19 1WCl91/1WC19 1WC19/1WT19
2006 2006 2006
VENDOR
-------------------
LOCATION
TERMS
PASSENGER VEHICLE
1 IMPALA 3LT #lWC19
13 IMPALAS
1 IMPALA lLT #lWC19
SUB-TOTAL
SALES TAX
TIRE FEE
GRAND TOTAL
DELIVERY
VEHICLE
SELMAN
CHEVROLET
GEORGE
CHEVROLET
SHOWCASE
CHEVROLET
ORANGE
BELLFLOWER
WESTMINSTER
NET 30
NET 30
NET 30
$18,184.00 $ 18,876.20 $ 24,687.78
$236,392.00 $ 245,390.60 $ 320,941.14
$15,955.00 $ 15,900.70 $ 21,807.54
$252,347.00 $ 261,291.30 $ 342,748.68
$19,556.89 $ 20,250.08 $ 26,563.02
$ 122.50 $ 122.50 $ 122.50
$ 272,029.39 $ 281,663.88 $ 369,434.20
60 DAYS 90-120 DAYS NO QUOTE
CHEVY IMPALAS CHEVY IMPALAS CHEVY IMPALAS
1WC19/1WC19 1WC19/1WC19 1WC19/1WC19
2006 2006 2006
SUMMARY OF BID AWARD
TOTAL AWARD IN THE AMOUNT OF
RANCHO MOTOR CO.
$ 263,751.52
Page 1
22J-3
22J-4
REQUEST FOR
COUNCIL ACTION
~
\~(/
~v .......,...:..
CiTY COUNCIL MEETING DATE:
OCTOBER 3, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
UTILITY TRUCKS AND
FOUR-DOOR UTILITY VEHICLES
(SPEC. NOS. 05-094 AND 05-097)
/~
/ ,C //'
I' ,/ V
LGt v I~_
ITY MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For__
CONTINUED TO OCT 1 7 2.0OS
FILE NUMBER
RECOMMENDED ACTION
Award a contract to George Chevrolet for the purchase of seven utility
trucks in the amount of $177,428.34 and two four-door utility vehicles
in the amount of $43,004.36.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget, and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department.
Various City departments utilize trucks with utility bodies to perform
routine business. The Public Works Agency (PWA) as well as the Parks,
Recreations and Community Services Agency (PRCSA) use trucks with
utility bodies to secure and transport tools and equipment to the job
si tes. Three utility trucks for the PRCSA and four for the PWA have
been approved for replacement in the current fiscal year.
Additionally, the Fire Department uses four-door utility vehicles to
perform their routine business. The utility vehicles are capable of
transporting staff for meetings as well as equipment and gear for
training classes. The versatility of the vehicles, including a trailer
hitch, allows the vehicles to serve as backup to the entire Fire fleet.
Two utility vehicles have been approved for replacement in the current
fiscal year.
22K-1
cs .j~j
Contract Award for Utility Trucks and
Four-Door Utility Vehicles
(Spec. Nos. 05-094 and 05-097)
October 3, 2005
Page 2
The notice inviting utility trucks bids for PWA and PRCSA was
advertised on August 19 and 22, 2005, and bids were solicited. Bids
were received, opened on September 7, 2005, and evaluated (Exhibit 1).
Additionally, notice inviting bids for utility vehicles for the Fire
Department was advertised on September 2 and 7, 2005, and bids were
solicited. Bids were received, opened on September 13, 2005, and
evaluated (Exhibit 2).
The bids received
Silverado utility
Trailblazers for
specifications and
from George Chevrolet for both the seven
vehicles for PWA and PRCSA, and for two
the Fire Department are responsive
meets the City's requirements.
Chevrolet
Chevrolet
to the
FISCAL IMPACT
Funds are available in the Equipment Replacement Machinery & Equipment
account (account no. 76-145-6641).
&L~~ (! LZu-~.r-'
~~ Francisco G~tierrez
?' : Executlve Dlrector
Finance and Management Services Agency ~/
.....
FMjKMj05-094j05-097.2:uc
22K-2
ABSTRACT OF BIDS
CONTRACT AWARD
UTILITY TRUCKS
(SPEC. 05-094)
VENDOR GEORGE LAKE MAURICE SHOWCASE
CEHVROLET CHEVROLET J. SOPP & SON CHEVROLET
LOCATION BELLFLOWER LAKE ELSINORE HUNTING PARK WESTMINSTER
TERMS NET 30 NET 30 NET 30 NET 30
TRUCKS
2 REG. CAB + TOOL BOXES $ 42,238.76 $ 39,742.00 $ 42,300.00 $ 46,411.18
1 EXT CAB + 98" BODY. $ 25,681. 33 $ 26,482.00 $ 26,000.00 $ 30,522.19
3 REG. CAB + 9811 BODY $ 69,845.94 $ 72,066.00 $ 71,250.00 $ 82,783.80
1 REG. CAB + LOCK BAR $ 26,843.80 $ 27,438.00 $ 27,300.00 $ 28,564.35
SUB-TOTAL $ 164,609.83 $ 165,728.00 $ 166,850.00 $ 188,281.52
SALES TAX $ 12,757.26 $ 12,843.92 $ 12,930.88 $ 14,790.39
TIRE FEE $ 61. 25 $ 61. 25 INCL $ 61. 25
GRAND TOTAL $ 177,428.34 $ 178,633.17 $ 179,780.88 $ 233,133.16
DELIVERY
90-120 DAYS
120-150 DAYS 90 - 120 DAYS
NOT QUOTED
CHEVY 2500
VEHICLE
CHEVY SILVERADO
CHEVY CC25903/6 CHEvY C250Q
2006
CHEVY CC25953/1
2006
2005
2006
BID INVITATION SUMMARY:
15 Invitations For Bid mailed
1 Invitation for Bid mailed to a Santa Ana vendor
4 Bids received
SUMMARY OF BID AWARD: GEORGE CHEVROLET
TOTAL AWARD IN THE AMOUNT OF:
$
177,428.34
Exhibit 1
22K-3
ABSTRACT OF BIDS
CONTRACT AWARD
FOUR-DOOR UTILITY VEHICLES
(SPEC. 05 097)
VENDOR GEORGE LAKE QUALITY RANCHO VICTOR
CHEVROLET CHEVROLET CHEVROLET MOTOR CO BUICK
LOCATION BELLFLOWER LAKE ELSINORE ESCONDIDO VI CTORVILLE CORONA
TERMS NET 30 NET 30 NET 30 NET 30 NET 30
1 VEHICLE $ 19,947.50 $ 19,983.00 $ 20,171.00 $ 20,184.50 $ 20 ,711. 90
2 VEHICLES $ 39,895.00 $ 39,966.00 $ 40,342.00 $ 40,369.00 $ 41,423.80
SALES TAX $ 3,091.86 $ 3,097.37 $ 3,126.50 $ 3,128.60 $ 3,210.34
TIRE FEE $ 17.50 $ 17.50 $ 17.50 $ 17.50 $ 17.50
GRAND TOTAL $ 43,004.36 $ 43,080.87 $ 43,486.00 $ 43,515.10 $ 44,651. 64
DELIVERY 60-90 DAYS 80 DAYS 90 DAYS 75-90 DAYS 60 DAYS
VEHICLE CHEVY 2006 CHEVY 2006 CHEVY 2006 CHEVY 2006 GMC 2006
TRAILBLAZER CS15506 CS15506 TRAILBLAZER ENVOY
- - -- ------ ------ ------- ----~ -------
VENDOR MAURICE J. BOB STALL GUARANTY VILLA CLIPPINGER
SOPP & SON CHEVROLET CHEVROLET FORD CHEVROLET
LOCATION HUNTINGTON PARK LA MESA SANTA ANA ORANGE W.COVINA
TERMS NET 30 NET 30 NET 30 10% 30-DAYS NET 30
1 VEHICLE $ 20,730.00 $ 20,736.00 $ 20,971.50 $ 24,177.77 $ 22,256.00
2 VEHICLES $ 41,460.00 $ 41,472.00 $ 41,943.00 $ 48,355.54 $ 44,512.00
SALES TAX $ 3,213.15 $ 3,214.08 $ 3,250.58 $ 3,747.55 $ 3,449.64
TIRE FEE INCL. INCL. $ 17.50 $ 19.44 INCL.
SUB-TOTAL $ 44,673.15 $ 44,686.08 $ 45,211.08 $ 52,122.53 $ 47,961.68
TERMS DISC. 1$5,212.25)
S.A. 1% DISC. ($452.11)
GRAND TOTAL $ 44,673.15 $ 44,686.08 $ 44,758.97 $ 46,910.28 $ 47,961.68
DELIVERY 90 DAYS 60-90 DAYS 90 DAYS 90-120 DAYS 120 DAYS
VEHICLE CHEVY 2006 CHEVY 2006 CHEVY 2006 FORD 2006 CHEVY 2006
CS15506 TRAILBLAZER TRAILBLAZER EXPLORER TRAILBLAZER
CT15506
BID INVITATION SUMMARY.
18 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
10 Bids received
1 Bid received from a Santa Ana vendor
SUMMARY OF BID AWARD: GEORGE CHEVROLET
TOTAL AWARD IN THE AMOUNT OF: $43,004.36
Exhibit 2
22K-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
CONTRACT AWARD FOR
INTERSECTION WIDENING AT MAIN
STREET AND MAINPLACE DRIVE
(PROJECT NO. 2601)
o As Rllcommended
o As Amended
o Ordinance on 1;t Reading
o Ordinance on 20d Reading
o Implementing Resolution
o Set Public Hearing For
fi.:/
l2~a<
CITY MA AGER
CONTINUED TO
-
FILE NUMBER
IJ RECOMMENDED ACTION
1. Award a contract
responsible bidder,
estimated amount of
and MainPlace Drive.
to Alliance Streetworks, Inc. , the lowest
in accordance with unit bid prices in the
$255,376 for intersection widening at Main Street
2. Approve a Funding Analysis with a total estimated construction cost
of $324,000.
DISCUSSION
MainPlace Drive provides direct access to the Main Place shopping center
and other businesses in the immediate vicinity (Exhibit 1). The
intersection is heavily congested.
This project provides traffic signal modification at the intersection of
Main Street and MainPlace Drive, addition of an eastbound right turn lane
on MainPlace Drive and construction of curbs, gutters, wheel chair ramps,
landscaping and irrigation improvements. Once completed, these
improvements will improve safety and traffic flow in the area.
The Notice Inviting Bids was advertised on August 24 and 26, 2005, and
bids were opened on September 21, 2005. A summary of the bid invitations
mailed, the bids received, and the bid results follow:
Santa Ana Contractors receiving notices: 10
Contractors requesting bidding documents: 11
Bids received: 3
Bids received from Santa Ana Contractors: 0
23A-1
Intersection Widening at Main Street and MainPlace Drive
October 17, 2005
Page 2
NAME OF BIDDER
CITY
BID AMOUNT
1. Alliance Streetworks, Inc.
2. R.J. Noble Company
3. Sequel Contractors, Inc.
Anaheim
Orange
Santa Fe
Springs
255,376.00
281,484.00
287,275.00
A total of 3 bids were received and all were responsive. The lowest bid
was submitted by Alliance Streetworks, Inc., for $255,376, which is above
the Engineer's estimate of $247,900.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
proj ect is exempt from further review. Categorical Exemption ER No.
2005-154 will be filed for this project.
FISCAL IMPACT
The funding analysis shows a total estimated
$324,000 for the project (Exhibit 2) Funds
Transportation System Improvement Authority Fund
6631) .
construction cost of
are available in the
(Account no. 990-631-
APPROVED AS TO FUNDS AND ACCOUNTS:
~~/!!z.-k>-r";,,}~./
James G. Ross
Executive Director
Public Works Agency
(zt~-71/~LV ,r.' ~
v
~l'\""""';'........;:) ~71l ._
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services AgenC~
K:\Construction\RFCA-draft\2601 2005-10-17
120WD
23A-2
FUNDING ANALYSIS
PROJECT 2601
INTERSECTION WIDENING AT MAIN STREET
AND MAINPLACE DRIVE
Construction Contract
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
$255,376
7,087
24,000
12,000
25,537
TOTAL ESTIMATED CONSTRUCTION COSTS
$321L900
Exhibit 2
23A-3
.J~
ISCALEINTSI
MAtI STFtt:l: I
~ PROJECT AREA
SANTA ANA
* PW A ~
, ,
l'I8U:_SAGOa'
City Council
Agenda Date
OCT. 16, 2005
!
i
~
EXHIBIT 1
f
~
Ii;
TIlle' PROJECT 2601
INTERSECTION W1DEING
MAIN SrnEET AND MAIN PLACE DRIVE
23A-4
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23A-6
N
"6
N
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
AGREEMENTS FOR CONTRACTED BUILDING
PLAN CHECK AND BUILDING INSPECTION
SERVICES AND APPROPRIATION
ADJUSTMENTS
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
At,
't1J
~~.~- _ G2-
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements with EsGil
Corporation; SFA: Scott Fazekas and Associates, Inc.; Willdan; and
Robert J. Tyler, in an aggregate total amount not to exceed $900,000.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with Vandorpe Chou
Associates, Inc. for building inspection services in an amount not to
exceed $50,000.
3. Approve appropriation adjustments recognizing aggregate total
amounts not to exceed $900,000 in the 2005-2006 FY revenue account
for building plan check (account no. 011-01-5401) and appropriating
various amounts not to exceed $900,000 to the Planning and Building
Agency 2005-2006 FY budget allocation in the account for contractual
services (account no. 11-508-6291) for payments to the consultants
contracted to complete building plan checks of various projects.
4. Approve an appropriation adjustment recognizing $80,000 in the 2005-
2006 FY revenue account for building permits(account no. 011-01-
5911) and appropriating $30,000 to the Planning and Building Agency
2005-2006 FY budget allocation in the account for overtime (account
no. 11-507-6141) for overtime building inspections and $50,000 in
the account for contractual services (account no. 11-507-6291) for
contracted building inspection services.
DISCUSSION
The City has
several years
fiscal year.
development
experienced an upward trend in development over the last
which is expected to continue to increase in the current
Six maj or high-rise proj ects, alone, scheduled to begin
in the next nine months are estimated to provide over
25A-1
Plan Check and Inspection Agreements
and Appropriation Adjustments
October 17, 2005
Page 2
$3,000,000 in permit and plan check fees to the City (Exhibit 1). Among
these are three Nexus proj ects, which include two 23 -story residential
towers at MacArthur Lake site, one 23-story residential tower at
MacArthur Cinema site, and one four-story, 350 unit residential project
at Main Street and MacArthur Boulevard. Also included are 240 live/work
units at City Place, the Geneva Commons project, with one 8-story tower
and a second l8-story tower of residential and commercial units, and the
Santiago Street Lofts with 72 residential units. These and other major
projects expected to enter plan check within the next twelve months will
put a significant burden on the plan check staff to provide timely and
accurate processing of plans. After these proj ects break ground, the
building inspection staff will face the same challenge of providing
timely service in order to keep all projects moving forward.
The City is presently contracting for the plan check of one project, the
Bowers Museum expansion, to ensure timely processing without other
proj ects in the pipeline. In order to provide an acceptable service
level for these major projects--a goal of a three-week turn-around time
for all plan submittals--it is necessary to augment plan check resources.
The use of contracted plan check services will address the peak workload
demands more efficiently than permanent staffing. Additional full-time
employees may not be required when these maj or proj ects are completed.
While the plan check of these high-rise projects will be accomplished in-
house by City staff, the structural plan checks may be assigned to
contractors who will utilize computer assisted design (CAD) software to
improve efficiency.
Of the seven consulting firms that responded to the Request for a
Proposal, four consulting firms meet the City's requirements for
availability of qualified engineering staff, turn-around time, locale,
and fees. The four recommended firms will provide necessary services at a
rate of 65% of the City's plan check fee for each project they receive,
as well as appropriate hourly rates for processing required plan
revisions. All four firms have agreed that no other costs will be added.
Similar to many cities, the City of Santa Ana has utilized contracted
building inspection service for many years when service demands peak and
when there are temporary staff shortages. The recommended firm, Vandorpe
Chou Associates, Inc., has been utilized by the City in the past for
contracted inspection services. Its staff was knowledgeable in the
pertinent codes and quickly became familiar with City procedures. Of the
four firms considered, Vandorpe Chow has staffing immediately available at
a rate of $48 to $58 per hour based on the specific qualifications of the
individual inspector. The rates of other firms considered have escalated
25A-2
Plan Check and Inspection Agreements
and Appropriation Adjustments
October 17, 2005
Page 3
to $80 per hour or more. In addition to contract staffing, use of City
inspectors on an overtime basis will provide additional inspection
service as needed to address unusually heavy daily workload. Use of
overtime also will make available extended hours, which are often more
desirable to the owner-builder on home improvement projects.
FISCAL IMPACT
A number of high-rise projects have been identified to begin development
in the near future. Of these, six, alone, which either have begun the
plan check process, or will begin shortly, will provide the City over
$3,000,000 in revenue for building plan check fees and building permit
fees in the current fiscal year. An estimated $1,812,775 of this revenue
is above and beyond current year revenue proj ections. Further, this
anticipated revenue does not include the permit and plan check fees for
electrical, plumbing, mechanical, and grading, which also will show an
increase above and beyond the amounts projected for FY 2005-06.
Plan check fees paid to the City for each project will fund the cost of
outside plan check consultants. Sixty-five percent of the plan check fee
paid for each project assigned to a consultant will be recognized in the
revenue account for building plan check (account no. 011-01-5401) and a
like amount appropriated to the Planning and Building Agency account for
contractual services (account no. 11-508-6291), not to exceed a total
aggregate amount of $900,000. In addition, a total amount of $80,000
will be recognized in the 2005-2006 FY revenue account for building
permits (account no. 011-01-5911) and $30,000 appropriated to the
Planning and Building Agency 2005-2006 FY budget allocation in the
account for overtime (account no. 11-507-6141), and $50,000 appropriated
in the account for contractual services (account no. 11-507-6291) for
contracted building inspection services.
APPROVED AS TO FUNDS AND ACCOUNTS:
. Trevino
x utive Director
Planning and Building Agency
Francisco
Executive
Finance &
h"'l-"~hL) \~<.~
Gutierrez
Director
Management Services Agenc~
SB:rb
sb\rfcas\Plan Check & Insp-4Agrmts rev
25A-3
MAJOR HIGH-RISE DEVELOPMENTS
ESTIMATED PERMIT AND PLAN CHECK FEES
1. Nexus Lake Towers: Two 23-story residential towers
Plan Check Fees (actual)
Permit Fees (estimated)
2. Nexus Cinema Tower: One 23-story residential tower
Plan Check Fees (estimated)
Permit Fees (estimated)
3. Nexus Main and MacArthur: Four levels of residential over
two levels of parking garage
Plan Check Fees (estimated)
Permit Fees (estimated)
4.
Geneva Commons: One 8-story tower, a second 18-story tower
of residential and commercial units
Plan Check Fees (estimated)
Permit Fees (estimated)
5. City Place: 240 live/work units
Plan Check Fees (estimated)
Permit Fees (estimated)
6. Santiago Street Lofts: 72 residential units
Plan Check Fees (estimated)
Permit Fees (estimated)
TOTAL ESTIMATED REVENUE
EXHIBIT 1
25A-4
362,241
557,000
919,241
180,000
225,000
405,000
300,000
460,000
760,000
238,800
333,400
572,200
87,165
212,570
299,735
40,000
62,000
102,000
3,058,176
REQUEST FOR
COUNCIL ACTION
~
l~:I('
""""v 'v'-'>
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
AGREEMENT WITH ORANGE COUNTY
HEALTH CARE AGENCY FOR ALLEGED
SEXUAL ASSAULT VICTIM EXAMINATIONS
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For__._
()~a.
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with the Orange County
Health Care Agency's Child Abuse Services Team for medical examinations
of alleged sexual assault victims, in an amount not to exceed $20,000
annually.
DISCUSSION
The Child Abuse Service Team (CAST), a division of the Orange County
Health Care Agency, provides examinations of alleged sexual assault
victims. The program is designed to coordinate the medical examination
with the prosecution process, and so CAST is the sole provider of this
service. Law requires that a medical professional examine juveniles who
are suspected of being abused. CAST has provided examinations for the
City of Santa Ana Police Department for over 10 years. The
examinations are performed under the supervision of a nurse
practitioner and expert witness testimony is provided when required.
On February 22, 2005, the City Council authorized renewal of the
contract for a one-year period. The Orange County Health Care Agency's
CAST, which has been providing service to the City since 1992, has
agreed to renew the contract for an extended period. Since this is a
sole-source service provider, staff recommends authorizing renewal of
this contract in an amount of $20,000 annually until terminated by
either party.
258-1
V,3tl:J
Agreement with Orange County Health Care Agency for
Alleged Sexual Assault Victim Examinations
October 17, 2005
Page 2
FISCAL IMPACT
Funds are available in the Police Crimes Against Persons Other
Contractual Services account (account no. 11-341-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
(,\ 4 \,~{~
Paul M. Walters
Chief of Police
~~~.~ U
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agenc:pr
PMW/TO/05-020.7AGREEMENT:uc
258-2
--=-w
CITY COUNCIL MEETING DATE:
tm
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE.
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2,d Reading
o Implementing Resolution
o Set Public Hearing For
AMENDMENT TO MOTOROLA
AGREEMENT FOR THE PURCHASE
OF ADDITIONAL EQUIPMENT
{2fl;(2
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the
the Clerk of the Council to amend the agreement with
additional $102,000, for a total aggregate amount
$1,508,530, for the purchase of additional equipment
Mobile Data Computer system.
City Manager and
Motorola for an
not to eKceed
related to the
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative (UASI) grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have adequate
equipment and systems to prevent, respond to and recover from acts of
terrorism. The grant provides total reimbursement to local agencies for
equipment purchases approved and authorized by the federal Office of
Domestic Preparedness (ODP).
On May 2, 2005, the City Council approved a $1,406,530 dollar agreement
wi th Motorola for a mobile data computer system (MDC) that enhances
access and connectivity to and transmission of critical data to emergency
vehicles. Using many of the components of the MDC system, the Fire
Department plans to install a Personnel Accountability System (PAS). A
PAS system identifies the location of emergency personnel when at the
site of an emergency. Motorola is able to provide the critical
infrastructure and hardware needed to integrate the PAS system into the
Fire Department's total MDC project and staff recommends approval of the
recommended action.
25C-1
. ....
Motorola Amendment
October 17, 2005
Page 2
FISCAL IMPACT
Funds are available in the Fire Department's UASI Grant, Capital
Equipment account (account no. 125-320-6641).
APPROVED AS TO FUNDS AND ACCOUNTS;
,
M.
ief
partment
~~~:""...> ~.:\:.
Franclsco Gutierrez
EKecutive Director
Finance & Management Services Agency
. ./">
11,
25C-2
f __ .. r-
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE.
APPROVED
o As Recommended
o As Amended
D Ordinance on 151 Reading
o Ordinance on 2" Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT WITH GROUP 1
~a;t2
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Group 1 in an
amount not to exceed $212,000 for the purchase a Personnel Accountability
System.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative (UASI) grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have adequate
equipment and systems to prevent, respond to and recover from acts of
terrorism. The grant provides total reimbursement to local agencies for
equipment purchases approved and authorized by the federal Office of
Domestic Preparedness (ODP).
In order to enhance the safety of responding emergency personnel, a
Personnel Accountability System is necessary. The Group 1 PAS system
features mapping software that provides digitized images of existing Fire
Department building plot plans and identifies the location of emergency
personnel when at an incident scene. The Group 1 solution integrates
with the Motorola Mobile Data Computer System currently being installed
on all Santa Ana Fire Department vehicles. This integration comes from
Group 1 and Motorola working closely together to create a wireless system
that is state-of-the-art and works inside of existing communication and
data systems.
The Fire Department is also changing our existing records management
system (RMS). Group 1 has the ability to convert the existing database
250-1
. .,.-.....-
Agreement with Group 1
October 17, 2005
Page 2
and import it into the new RMS program. Once converted and imported the
new database will also become another resource used by fire personnel
through our Mobile Data System in the field.
FISCAL IMPACT
Funds are available in the Fire Department Communication, Other
Contractual Services account (account no. 011-323-6291 for $7,000) and
the Fire Department UASI Grant, Capital Equipment account (account no.
125-320-6641 for $205,000).
APPROVED AS TO FUNDS AND ACCOUNTS;
,
P. i lip M. Garcia
ir Chief
i e Department
~ t\~~it\J< ';;' t.,. '\ 'IL ~ ~-:- ~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
/)f?
i-{
250-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE;
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2,d Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT WITH COMPUDYNE FOR
ANNUAL MAINTENANCE OF THE 24/7
RECORDS MANAGEMENT SYSTEM
f2f!j2
CI MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Compudyne in an
amount not to exceed $34,000 for annual maintenance of the Fire
Department's Records Management System.
DISCUSSION
On September 17, 2003, the City Council authorized the purchase of a
records management system (RMS) called 24/7. TriTech Software Systems
which previously maintained the system, no longer supports the program.
The 24/7 RMS is owned by Compudyne and is the only other provider of
maintenance support and upgrades to the program.
FISCAL IMPACT
Funds are available in the Fire Department Communication, Other
Contractual Services ccount (account no. 011-322-6291).
"
APPROVED AS TO FUNDS AND ACCOUNTS;
'\-(\r.~: M.--, ~ .~:-. ~
Francisco Gutierrez
Executive Director
Finance & Management Services
(~
Agency
25E-1
..------
-
25E-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT AMENDMENT WITH THE
PLANNING CENTER TO PROVIDE
SERVICES TO FACILITATE
VARIOUS ~a.
ITV MANAGER
CONTINUED TO
-----
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the Ci ty Manager and
Clerk of the Council to execute a second agreement amendment with The
Planning Center to facilitate the Santa Ana River Task Force meeting and
other Planning related meetings not to exceed $30,000.
DISCUSSION
In June 2005, the Planning Center entered into an agreement to facilitate a
workshop related to the General Plan, Economic Development Plan,
Redevelopment plans and long range planning issues in the City of Santa Ana
for an amount not to exceed $5,000. On August 2005, the City entered into
an agreement amendment with the Planning Center to facilitate the Fourth
Street Corridor Charette, in the amount of $3,000. Both tasks were
completed successfully this year, for a total amount of $8,000.
Due to the consultant's expertise in facilitating planning issues, staff is
recommending a second agreement amendment be executed with the Planning
Center to provide additional services to facilitate four meetings of the
Santa Ana River Task Force and various meetings with the Planning
Department, related to development planning issues. Both tasks will include
city staff and representatives from governmental, private and non-profit
organizations throughout the city. The cost for the additional services
will be approximately $22,000, bringing the total contract amount not to
exceed $30,000. The costs specific to the Santa Ana River Task Force is
being paid for by donated monies from various sources to support the
development of Santa Ana's natural areas including greenways.
25F-1
Agreement Amendment with The Planning Center
October 17, 2005
Page 2
FISCAL IMPACT
Funding for agreement amendment #2 with the Planning Center is available in
account (account no. 022-231-6291) in the amount of $10,000 and account
(account no. 11-505-6291)in the amount of $12,000.
APPROVED AS TO FUNDS AND ACCOUNTS:
~rardfM~~
Execut1ve D1rector
Parks, Recreation and
Community Services Agency
~e~
~ranci~co G~tierrez
Execut1ve D1rector
Finance and Management Svcs. AgenCY/;,
revino
tive Director
ing and Building Agency
25F-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
AGREEMENT WITH SEVERN TRENT
WATER PURIFICATION, INC. FOR
CHLORINATOR POWER SUPPLY
UPGRADflS
!
~'
~ECOMMENDED ACTION
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2"' Reading
o Implementing Resolution
o Set Public Hearing For
~
CITY MA AGER
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Severn Trent Water
Purification, Inc. for chlorinator power supply upgrades in the amount of
$79,920.
DISCUSSION
The City of Santa Ana utilizes Chlor-Tec sodium hypochlorite generating
units to provide disinfection for our active water production wells. On-
site sodium hypochlorite generators for each well provide a low strength
0.8% solution. A total of 14 generators are currently in operation.
These units were fabricated and installed by Chlor-Tec incorporated in
2002 and have provided safe and reliable disinfection of the city's
drinking water supply.
However, Chlor-Tec was acquired by Severn Trent Water Purification, Inc.
Severn Trent provides parts and service for Chlor-Tec equipment but the
power supplies originally furnished with the City'S Chlor-Tec units are
no longer available. Rebuilt power supplies have been used when
available, but they are becoming increasingly hard to find and are
unreliable. The existing power supplies are failing on a more frequent
basis.
In order to continue reliable operation of the Ch1or-Tec units, the power
supplies must be replaced with new units at all 14 installations. The
cost for this work is $79,920. An alternative would be to replace all
existing Chlor-Tec hypochlorite generation units with new units. The
25G-1
Agreement with Severn Trent
Water Purification, Inc. for
Chlorinator Power Supply Upgrades
October 17, 2005
Page 2
total cost for this alternative would be over $500,000. Staff therefore
recommends that the power supplies be replaced in order to extend the
useful life of the existing units.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Water production and Supply Fund (Account No.
64-574-6291) .
~/"di??
James G. ~ss
Executiv~ Director
Public ~orks Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
'"J,t\t>...\'t\..~:;>--P...,. ~:\:.-:.
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency~
JGR/RB/RFCAIO 17.05AgreeSevernTrent
25G-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
CONTRACT AGREEMENT WITH
TEMPLO CALVARIO, CDC FOR PRE-
EMPLOYABILITY SKILLS AND
NETWORKING
o As Recommended
o As Amended
o Ordinance on 1 ~ Reading
o Ordinance on 2,d Reading
o Implementing Resolution
o Set Public Hearing For
(La2~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Templo Cal vario
CDC in an amount not to exceed $227,500 to provide training for a
variety of pre-employability skills and to work co1laborative1y with the
Santa Ana W/O/R/K Center to facilitate working partnerships with
additional local grassroots Faith-Based Organizations.
DISCUSSION
On June 27, 2005, the Department of Labor, Employment and Training
Administration awarded the City of Santa Ana a $500,000 grant to develop
working partnerships with local grassroots Faith-Based organizations
(FBOs) . As part of the award, a portion of the funds were designated
for distribution to FBOs to provide employment opportunities to
designated populations. To meet this requirement, a Request for
Proposal was issued on August 1, 2005. A Public Notice was published in
the Orange County Register on July 30 and 31, 2005. The summary of the
Request for proposals is as follows:
6 Invitations for proposals Requested
1 Proposal Received
On September 9, 2005, the Santa Ana Workforce Investment Board
recommended that Templo Ca1vario CDC be awarded $227,500 to fill unmet
community needs related to hard-to-serve populations such as ex-
offenders, drop-outs, limited English speakers, and welfare clients who
wish to get into the jOb market; and to assist in developing
25H-1
Contract Agreement with Templo Calvario, CDC
October 17, 2005
Page 2
collaborative working partnerships between local grassroots FBOs and the
Santa Ana W/O/R/K Center.
Temp10 Ca1vario CDC will be responsible for serving 130 individuals
within a designated census area that has high poverty rates and a hard-
to-serve population. Relationships will be built between the W/O/R/K
Center, Templo Ca1vario CDC, other local FBOs, and locally identified
employers to provide employment opportunities to the designated
population. Individuals will be assisted in finding, retaining, or
advancing in employment through Temp10 Cal vario. The collaborative
efforts and the extensive community network will enable the City to
increase efficiency, maximize the use of available resources, and reduce
duplication of services with direct benefit to Santa Ana residents.
FISCAL IMPACT
Funds for this agreement are available in the DOL FBO grant account
(account no. 132-702-6933).
APPROVED AS TO FUNDS AND ACCOUNTS:
e~01tiJ
Patrlcla C. Whitaker
Executive Director
Community Development Agency
~C\t'I.\'{\S'~~,. .....
Francisco Gutierrez
Executive Director
Finance & Management Services
'\\ .~.-: ->
fw
~.
AgenC~
PCW/BG/mlr
H:\ACTIONS\2005 CC\ContAgreeTemploCalvaroCDCPre employability lQ-17-05.doc
25H-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
LEASE AGREEMENT WITH
JAVIER AND MILENA MARIN, DBA
EL FAISON FOR THE USE OF THE
EL FAISON MARKET FACILITIES
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2,d Reading
o Implementing Resolution
o Set Public Hearing For
(\ '.
!/lJJ7::z.<
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a Lease Agreement with Javier and
Milena Marin, dba EI Faisan, for use of the EI Faisan Market Facilities.
DISCUSSION
On June 20, 2005, the City Council authorized the City Manager and the
Clerk of the Council to execute a month-to-month agreement with Javier
and Milena Marin (Marins), dba EI Faisan, for continued use of the E1
Faisan Market Facilities. After careful consideration of the month-to-
month lease agreement by the Marins, they expressed their desire to enter
into a longer-term agreement. Therefore, staff and the Marins are
recommending a six-month lease agreement.
FISCAL IMPACT
The City will receive $36,000 annually. Funds received will be deposited
into the Downtown Maintenance Fund (account no. 407-01-5804).
APPROVED AS TO FUNDS AND ACCOUNTS:
<:L~ !WL~
~~~~""h\ ~:.\:.
Francisco Gutierrez J
Executive Director f
Finance & Management Services
Ag']:CY
patricia C. whitaker
Executive Director
Community Development Agency
PCW/DM/mlr
H:\ACTIONS\200S CC\LeaseAgreeEL Faison Market Facilities 10-17 OS.doc
251-1
-
251-2
REQUEST FOR
COUNCIL ACTION
:'~.\h~
~- --'-~
, -.;d~<.:ation I,.
.~".
""/' ,,~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
TENTATIVE PARCEL MAP NO. 2005-07
(COUNTY MAP NO. 2005-145) TO
CONSOLIDATE EIGHT PARCELS INTO ONE
PARCEL AT 801 NORTH MAIN STREET -
CARIBOU INDUSTRIES, APPLICANT
,d (2~a
CITY M NAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2"' Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Confirm the Zoning Administrator's action approving Tentative Parcel Map
No. 2005-07 (County Map No. 2005-145) as conditioned.
ZONING ADMINISTRATOR ACTION
On September 21, 2005, the Zoning Administrator adopted a resolution
approving Tentative Parcel Map No. 2005-07 (County Map No. 2005-145) as
conditioned to consolidate eight parcels in the Midtown Specific Plan
(SP-3) zoning district into one parcel for the Orange County Performing
Arts Pavilion at 801 North Main Street. The Zoning Administrator made no
changes to the recommended conditions of approval outlined in the
attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
. Trevino
xe tive Director
Planning & Building Agency
LL:rb
Ll\reports\Pc & ZA\TPM05 07 CC
31A-1
REQUEST FOR
Zoning Administrator Action
~
~
PLANNING COMMISSION SECRETARY
ZONING ADMINISTRATOR MEETING DATE:
SEPTEMBER 21, 2005
TITLE:
PUBLIC HEARING - FILED BY CARIBOU
INDUSTRIES FOR TENTATIVE PARCEL MAP NO.
2005-07 (COUNTY PARCEL MAP NO. 2005-145)
TO CONSOLIDATE SEVEN PARCELS INTO ONE
PARCEL AT 801 NORTH MAIN STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Lucy Linnaus
Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Tentative Parcel Map No. 2005-07 (County
Map No. 2005-145) as conditioned.
DISCUSSION
Request of Applicant
Caribou Industries is requesting approval of Tentative Parcel Map No.
2005-07 (County Map No 2005-145) to consolidate eight parcels into one
parcel for the Orange County Performing Arts Pavilion at 801 North Main
Street.
Property Description
The total project site is approximately 1.15 acres in size and consists of
a total of eight parcels. Seven of the parcels are contiguous and are
developed with a 46,750 square foot theater and restaurant building and
its related parking lot. In addition, an eighth parcel located on the
east side of Bush Street is developed with a parking lot that serves the
theater and restaurant building.
The zoning designation for the site is Midtown Specific Plan (SP-3),
with a General Plan land use designation of District Center (DC) and
Professional and Administrative Offices (PAO). Surrounding land uses
include a theater and commercial uses to the north; a parking lot, a
multi-family residential project and a commercial building to the east;
and commercial uses to the south and the west (Exhibits 1 and 2) .
EXHIBIT A
31A-2
Tentative Parcel Map 2005-07
September 21, 2005
Page 2
Project Description
Caribou Industries proposes to consolidate eight parcels into one parcel
to comply with the conditions of approval for Variance No. 2004-08. The
primary parcel, Parcell, will result from the consolidation of seven
parcels and will total approximately 0.98 acres. The eighth parcel,
located east of the site, is a 6,175 square foot lot. No new construction
or development is proposed on either parcel (Exhibit 3).
Ana1ysis of the Issues
The proposed subdivision is consistent with the goals and obj ecti ves of
the City's General Plan designation to promote development which has a net
communi ty benefj t and enhances the quality of life of the districts and
neighborhoods. The proposed lot consolidation creates one 49,000 square
foot conforming parcel and insures that the parking areas that currently
serve the new theater and restaurant building will not be sold or
developed separately.
The subdivision as proposed and conditioned conforms to the California
Subdivision Map Act as well as the City's development standards
established for the Civic/Professional District of the Midtown Specific
Plan. The proposed subdivision will have no effect on the land uses as
prescribed by the General Plan as the project will serve only to
consolidate existing property lines. The proj ect will not alter the
physical appearance of the site or existing building area.
Based upon the analysis of the
with the City's General Plan
staff recommends approval of
conditioned (Exhibits 4 and 5).
project and the project's compatibility
and the Midtown development standards,
Tentative Parcel Map No. 2005-07 as
31A-3
Tentative Parcel Map 2005-07
September 21, 2005
Page 3
CEQA Compliance
In accordance with the California Environmental Quality Act (Title 14 of
the California Code of Regulations, Section 15315), the project is exempt
from further review. The Class 15 exemption allows for minor land
divisions into four or fewer parcels when the division is in conformance
wi th the General plan and zoning. Categorical Exemption Environmental
Review No. 2004-184-b will be filed for this project.
Planner II
vince Fregoso'
Senior P1anne
LL:JM
l1\reports\PC & ZA\TPM05..07.:pc
31A-4
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TENTATIVE PARCEL MAP 05-7
ORANGE COUNTY
PERFORMING ARTS PAVILION
801 NORTH MAIN STREET
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31A-5
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PERFORMING ARTS PAVILION
801 NORTH MAIN STREET
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31A-6
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Tentative Parcel Map No. 2005-07
september 21, 2005
Page 1 of 2
Findings of Fact
A. The proposed proj ect, as conditioned, and its design and
improvements are consistent with the district center land use
designation of the General Plan and are otherwise consistent with
all other elements of the General Plan and any applicable specific
plans.
The proposed subdivision will have no effect on the land uses
as prescribed by the General Plan. The project will serve to
consolidate existing property lines and will not alter the
physical appearance of the project.
B.
The proposed project, as
requirements of the zoning
applicable City ordinances.
conditioned, conforms to all applicable
and subdivision codes, as well as other
The proposed subdivision conforms to the minimum lot size and
street frontage requirements established in the Midtown
Specific Plan. In addition, the subdivision meets the letter
and intent of the State of California Subdivision Map Act
provisions.
C. The project site is physically suitable for the type and density of
the proposed project.
The proposed subdivision is appropriately suited for the site
and the surrounding area. The tentative parcel map will not
affect the existing development as the maximum floor area
ratio (FAR) threshold will continue to remain in effect.
D.
The design and improvements of the proposed proj ect
substantial environmental damage or substantially
injure fish or wildlife or their habitat.
will
and
not cause
avoidable
The project is currently developed with
restaurant building, and parking lots with
addi t ional new construction. Therefore no
will be affected by the approval of this map.
a theater and
no proposal for
fish or wildlife
TPM 2005-07
EXHIBIT 4
31A-8
Tentative Parcel Map No. 2005-07
September 21, 2005
Page 2 of 2
E. The design or improvements of the proposed proj ect will not cause
serious public health problems.
Approval of Tentative Parcel Map No. 2005-07 will not result in
any additional impacts upon public health in the area, as the
proposed parcel consolidation will create parcels consistent
with the Midtown Specific Plan (SP-3) and no new development is
proposed.
F. The design or improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
Approval of the tentative parcel map will not create
obstructions or hindrances for access to Eighth, Bush, Ninth or
Main Streets, or other easements.
31A-9
SEPTEMBER 21, 2005
PAGE 1 OF 1
Conditions for Approval
Tentative Parcel Map No. 2005-07 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this tentative parcel
map.
The applicant must remain in compliance with all conditions listed below
throughout the life of the parcel map. Failure to comply with each and
every condition may result in the revocation of the parcel map.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 2004-65.
2. The Final Parcel Map shall be recorded wi thin 90 days of the
approval of the final map by the City Council.
3.
Two copies of
each to the
Di vision and
recordation.
the recorded Final Parcel Map shall be
Planning Division, Fire Department,
Public Works Agency within 10
submitted
Building
days of
4. The applicant shall record a reciprocal easement agreement
with the property at 202 East Ninth Street, in a form
acceptabl e to the City Attorney of the City of Santa Ana, for
access, egress, ingress, drainage and maintenance prior to or
concurrent with the recordation of the final parcel map.
5. The final map shall show Parcel 1 and Parcel A, as shown on
the tentative parcel map, combined into a single parcel.
TPM 2005-07
EXHIBIT 5
31A-10
ZONING ADMINISTRATOR HEARING
MINUTES
SEPTEMBER 21, 2005
TENTATIVE PARCEL MAP NO. 2005-07 (County Parcel Map No. 2005-145)
Sergio Klotz, Zoning Administrator, opened the public hearing at 10:48 a.m. in the
City Hall Ross Annex Conference Room 2001.
In attendance were: William Beaubeaux, Applicant representative, Greg Miller,
Engineer, Lucy Linnaus, Case Planner; Karen Haluza, Principal Planner; and Martha
Ramirez, Recording Secretary.
Lucy Linnaus presented the staff report and recommendation to consolidate eight
parcels into one parcel for the Orange County Performing Arts Pavilion at 801 North
Main Street. She indicated that no new construction was proposed at the site; this
hearing dealt strictly with a lot consolidation.
Public Comments:
Mr. Miller commented on the final map and would like clarification that all eight
parcels were consolidated into one parcel (not Parcel 1 and Parcel A). Ms. Linnaus
concurred.
Mr. Klotz inquired if the applicant had reviewed and understood the conditions of
approval and asked if they were acceptable. Mr. Beaubeaux indicated he was in
agreement with the staff report.
Mr. Klotz moved to approve Tentative Parcel Map No. 2005-07 as conditioned.
The hearing adjourned at 10:59 a.m.
Martha Ramirez
Recording Secretary
31A-11
KO -1014/05
RESOLUTION NO. 2005-14
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
PARCEL MAP NO. 2005-07 AS CONDITIONED FOR THE
PROPERTY LOCATED AT 801 NORTH MAIN STREET
(COUNTY MAP NO. 2005-145)
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Applicant is requesting approval of Tentative Parcel Map No. 2005-07
(County Map No 2005-145) to consolidate eight parcels into one parcel for
the Orange County Performing Arts Pavilion at 801 North Main Street.
8. On September 21,2005, the Zoning Administrator held a duly noticed
public hearing and approved Tentative Parcel Map No. 2005-07 (County
Map No. 2005-145) as conditioned.
C. For Tentative Parcel Map No. 2005-07, the Zoning Administrator
determines that the following findings have been established:
1. The proposed project, as conditioned, and its design and
improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent with
all other elements of the General Plan and any applicable specific
plans.
The proposed subdivision will have no effect on the land
uses as prescribed by the General Plan. The project will
serve to consolidate existing property lines and will not alter
the physical appearance of the project.
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum lot size
and street frontage requirements established in the Midtown
Specific Plan. In addition, the subdivision meets the letter
and intent of the State of California Subdivision Map Act
provisions.
Resolution No, 2005-14
Page 1 of3
31A-12
3. The project site is physically suitable for the type and density of the
proposed project.
The proposed subdivision is appropriately suited for the site
and the surrounding area. The tentative parcel map will not
affect the existing development as the maximum floor area
ratio (FAR) threshold will continue to remain in effect.
4. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
The project is currently developed with a theater and
restaurant building, and parking lots with no proposal for
additional new construction. Therefore no fish or wildlife will
be affected by the approval of this map.
5. The design or improvements of the proposed project will not cause
serious public health problems.
Approval of Tentative Parcel Map No. 2005-07 will not result
in any additional impacts upon public health in the area, as
the proposed parcel consolidation will create parcels
consistent with the Midtown Specific Plan (SP-3) and no new
development is proposed.
6. The design or improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
Approval of the tentative parcel map will not create
obstructions or hindrances for access to Eighth, Bush, Ninth
or Main Streets, or other easements.
Section 2. In accordance with the California Environmental Quality Act (Title 14
of the California Code of Regulations, Section 15315), the project is exempt from further
review. The Class 15 exemption allows for minor land divisions into four or fewer parcels
when the division is in conformance with the General Plan and zoning. Categorical
Exemption Environmental Review No. 2004-184-b will be filed for this project.
Section 3. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Tentative Parcel Map No. 2005-07 as conditioned in
Exhibit "A" attached hereto and incorporated herein. (County Map No 2005-145).
31A-13
Resolution No. 2005-14
Page 2 of 3
ADOPTED this 21 st day of September, 2005.
Sergio Klotz
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2005-14 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on September 21, 2005.
Date:
Clerk of the Zoning Administrator
City of Santa Ana
31A-14
Resolution No. 2005-14
Page 3 of 3
Conditions of Approval for Tentative Parcel Map No. 2005-07
Tentative Parcel Map No. 2005-07 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this tentative parcel map.
The applicant must remain in compliance with all conditions listed below throughout the
life of the parcel map. Failure to comply with each and every condition may result in the
revocation of the parcel map.
A. Plannina Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2004-65.
2. The Final Parcel Map shall be recorded within 90 days of the approval of
the final map by the City Council.
3. Two copies of the recorded Final Parcel Map shall be submitted each to
the Planning Division, Fire Department, Building Division and Public
Works Agency within 10 days of recordation.
4. The applicant shall record a reciprocal easement agreement with the
property at 202 East Ninth Street, in a form acceptable to the City Attorney
of the City of Santa Ana, for access, egress, ingress, drainage and
maintenance prior to or concurrent with the recordation of the final parcel
map.
5. The final map shall show Parcel 1 and Parcel A, as shown on the tentative
parcel map, combined into a single parcel.
Exhibit A
31A-15
31A-16
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
ADOPT ORDINANCES TO REGULATE
VENDING VEHICLES AND ESTABLISHING
A CITYWIDE VENDING PREFERENTIAL
PARKING PROGRAM
l~
/)' }'
,. .. ,"
i' ,
~-,ll.'" <' "'. ., ,
L,' t ( 1:/- ",/ I. ..;L( &'1.,__ -
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt an ordinance regulating the operation of vending vehicles.
2. Adopt an ordinance establishing a citywide vending preferential
parking program pursuant to California Vehicle Code Section 22507.
DISCUSSION
This supplemental report augments the report and draft ordinance
previously provided for the September 6, 2005 and September 19, 2005 City
Council meetings. The September 6 report and ordinance presented the
Neighborhood Improvement/Code Enforcement (NI/CE) Council Committee's
recommendation concerning mobile vendor regulations, a summary of which
is attached (Exhibit 1). At its meeting of September 19, the City
Council requested more information regarding the implementation of the
mobile vehicle vending ordinance and remanded the Mobile Vending
Ordinance back to the NI/CE Council Committee for further review. At the
NI/CE Council Committee meeting of September 27, 2005 a variety of issues
were evaluated in detail. The issues and the Committee's recommendation
are as follows:
. Hours of Operation
Reaffirm the hours of operation (9am to 8pm) as proposed. Recommend
that separate legislation be created to impose the same hours of
operation on ice cream vendors to establish more consistent
regulations.
. Time Limitations for Transient Vendors
Reaffirm the proposed 90 minute time limitation as proposed.
. Required Distances from Schools and Parks
Reaffirm the proposed 500 feet separation between the vendors and
adjacent schools and parks, with case-by-case exceptions.
50A-1
vending Vehicle Ordinances
October 17, 2005
Page 2
. Separation Limits between units
Increase the proposed separation requirements between mobile vending
vehicles from 100 to 200 feet.
. Magnetic Signs
Defer the magnetic sign requirement given that the Health Department
requires that all vendors return to commissary at the end of each
day. The sign requirement may be imposed in the future on chronic
violators whose trucks are deemed unsightly or graffiti-ridden.
. Costs
Reaffirm the creation of a hardscape improvement fee of $2030 to be
spread over a five year period and an annual administrative fee not
to exceed $614 per vendor to cover staff, permitting and enforcement
costs. An ordinance and resolution establishing these fees will be
scheduled for the November 7 City Council meeting.
. Site Selection
Affirm the proposed 150 permanent vending spaces. Prohibit permanent
vending spaces within areas where such spaces and hours of operation
would conflict with existing permit parking districts. Request that
the Mobile Vending Advisory Committee solicit feedback from adjacent
property owners as it formulates its recommendation on vending space
locations. Develop a reverse lottery as the method to allocate the
permanent sites throughout the community; this system would ask
vendors seeking a permanent site to identify their first, second and
third choices of space locations.
The NI/CE Council Committee was unanimous in its recommendations to the
City Council. These recommendations also considered the attached
comparison of mobile vending regulations from various cities (Exhibit 2) .
The original ordinance provisions, amended as discussed above, have been
separated into two distinct ordinances for ease of administration.
Staff understands that the process of selecting and designating the
permanent vending spaces is of special concern to many vendors. The idea
of creating permanent spaces arose through input from vendors who were
interested in maintaining their current practice of vending from fixed
locations. Though it will likely be after completion of this report,
which is scheduled for distribution to the City Council on October 12,
staff expects to learn from vendor representatives prior to the Council
meeting whether they continue to support the concept of designating
permanent vending spaces. Given these concerns, the recommendation is to
adopt the ordinances now but make them effective July I, 2006.
50A-2
Vending Vehicle Ordinances
October 17, 2005
Page 3
This will accomplish three things: it will allow time to complete the
space selection and assignment process before the new regulations become
effective; it will provide additional time for vendors to complete the
required vehicle improvements; and, it will allow sufficient time to set
up administrative procedures including finalizing the application
process, establishing the Mobile Vending Advisory Committee, and
designating and training the staff who will be involved in the program.
(~ Trevino
~c~~ive Director
Planning & Building Agency
KA:rb
rb\reports\Vending Vehicle Ordinance lO-17-05.cc
50A-3
MEMORANDUM
~
~
City Manager
Date: August 30, 2005
To:
Executive Director/
From: Planning & Building Agency
Subject: NI/CE COUNCIL COMMITTEE VEHICLE VENDING RECOMMENDA nONS
The Neighborhood Improvement/Code Enforcement (NI/CE) Council Committee has been
reviewing vehicle vending operations in Santa Ana since the present regulations were
adopted by the City Council in July of 2004. The Committee has expressed concerns with
the present approach after a lengthy review that involved numerous public meetings and
ample public testimony. This memorandum summarizes the Committee's concerns and
proposed provisions to address them.
The NI/CE Council Committee review and public testimony identified concerns including:
· An over-concentration of vending vehicles on several streets, with as many as a
dozen trucks in a one or two block area;
· The unsightly appearance of the vehicles' exterior, including graffiti, inconsistent
slgnage;
· The safety concerns for pedestrians, particularly children;
· The deterioration of parkways and surrounding areas where the vehicles are parked to
vend, which can lead to property maintenance citations being issued to property
owners;
· The enforcement regarding unauthorized extended business hours of mobile vending
businesses and the Health Department requirements to return to an approved
commissary after 8:00 p.m.;
· The overnight parking in residential and commercial districts, which create potential
hazards to pedestrians and motor vehicles, reduce available on-street parking; and,
· Vending vehicles conduct businesses within primarily residential zoning districts.
These business activities create impacts within the residential neighborhoods, such as
increased traffic, increased noise, reduction of available parking, pedestrian
congestion, and litter accumulation.
Given these concerns, the NI/CE Council Committee will recommend that the City Council
adopt an ordinance at its September 6, 2005, meeting to include the following prohibitions
and regulations:
EXHIBIT 1
50A-4
<-
City Manager
August 30, 2005
Page 2
. Prohibit vending vehicles from vending within 100 feet of any other vending vehicle;
. Prohibit vending on any street whose speed limit is greater than 35 miles per hour;
. Prohibit vending: (a) from any side other than the right side ofthe vending vehicle,
(b) when the vending vehicle is located in a travel lane of a street, and (c) when the
prospective customer is standing or sitting in another vehicle;
. Specify that vending vehicles may vend for no longer than 90 minutes in any
location, unless that location has been designated as one of the 150 parking permit
locations discussed below;
. Require vending vehicles to move a minimum of500 feet after 90 minutes, unless
they are in a parking permit location;
. Prohibit vending vehicles from returning to the same block within the same day;
. Create an owner's permit and fee; establish the amount of the fee based on the City's
costs to administer and implement the program; and,
. Establish that violations of the ordinance may result in revocation of the permits.
The NI/CE Council Committee will further recommend adoption of a citywide vending
parking permit program to:
. Permit up to 150 parking permit locations for vending vehicles, issued on a first-come
first-serve basis; establish a corresponding annual parking permit;
. Create an annual fee for the first three years to cover the costs of improving parkways
and providing necessary signage for vending parking districts; establish the amount of
the fee based on the City's improvement costs;
. Create an annual fee to cover the costs of administering and implementing the
vending parking permit program; establish the amount of the fee based on the City's
costs; and,
. Standardize the appearance of vending trucks with minimum maintenance
requirements and uniform signage.
Though not included in its present recommendations, the NI/CE Council Committee has
asked staffto evaluate whether tracking of vehicle location through global positioning
satellite (GPS) technology may aid in the implementation of the vending ordinance. GPS
teclmology has become more widely used by a variety of businesses, including United
Parcel Service. Staffwill return to the NI/CE Council Committee in the future with analysis
and recommendations concerning the potential use ofthis technology.
~evinO
rb
c: Mayor & City Council
Deputy City Manager/Development Services
50A-5
Survey of Vending Regulations
Mobile Vending Vehicles
September 2005
Encuesta De Regulaciones de Ventas
Vehiculos Que Se Usan Como Comercio
Septiembre 2005
HOURS OF OPERATION
CITY
HORAS DE OPERACION
CIUDAD
5:00 a.m. - 8:00 p.m. (April - October)
5:00 a.m. - 8:00 p.m. (Abril - Octubre)
Sacramento
5:00 a.m. - 6:00 p.m. (November -March)
5:00 a.m. - 6:00 .m. Noviembre - Marzo
6:00 a.m. - 10:00 .m.
7:00 a.m. - 8:00 .m.
7:00 a.m. - 8:00 p.m.
7:00 a.m. - 8:00 .m.
8:00 a.m. - 6:00 .m.
8:00 a.m. - 6:00 .m.
8:00 a.m. - 8:00 .m.
9:00 a.m. - 5:00 .m.
9:00 a.m. - 5:00 p.m.
9:00 a.m. - 8:00 .m.
9:00 a.m. - 8:00 .m.
9:00 a.m. - 8:00 .m.
9:00 to sunset
Glendale
Huntin ton Beach
Stockton
La Puente
South Gate
Pasadena
Duarte
Costa Mesa
L nwood
Anaheim
Baldwin Park
Fullerton
Huntington Park
9:00 asta ue anochezca
10:00 a.m. - 7: 00 p.m. or % hour after
sunset whichever comes first
San Jose
10:00 a.m. - 7:00 p.m. 0 % hora despues
de que anochezca 10 ue occurra rimero
EXHIBIT 2
Page 1 of 8
50A-6
KG - 9/27/05
MUNICIPAL CODE SECTION
SECCION DEL CODlGO
MUNICIPAL
95.68.110(b)(1) &(2)
96.54.205(a)
TIME LIMITATION CITY MUNICIPAL CODE
SECTION
LIMIT ACION DE TIEMPO CIUDAD SECCION DEL CODIGO
MUNICIPAL
Only for as long as it takes to make the sale Fresno 96-1107(f)
to a bonafide purchaser
El tiempo necesario que se tome el vendedor
para efectuar la venta a un leqal comprador
10 minutes Huntington Park 94-7.1612 (a)
10 minutos
10 minutes Ontario 94-6-1 012
10 minutos
10 minutes Fountain Valley 91O.44.150(a)
10 minutos
10 minutes Torrance 961.6.12
10 minutos
10 minutes Riverside 91O.44.140(a)
10 minutos
10 Minutes in anyone location then must be Baldwin Park 9122.04(i)
moved not less than 100 feet between stops
10 Minutos en cualquier lugar despues
debera moverse no menos de 1 00 pies entre
paradas
10 minutes then must be moved not less Costa Mesa 910-374(d)
than 100 feet between stops
10 minutos despues debera moverse no
menos de 100 pies entre paradas
Page 2 of 8
50A-7
TIME LIMITATION CITY MUNICIPAL CODE
SECTION
LIMIT ACION DE TIEMPO CIUDAD SECCION DEL CODIGO
MUNICIPAL
10 minutes in anyone location and said Anaheim ~14.32.31 0.0306
vehicle must be moved a distance of not less
than 100 feet between consecutive stops
10 minutos en cualquier lugar y el vehiculo
debera moverse una distancia de no menos
de 100 pies entre paradas consecutivas
10 minutes then must move 500 feet Garden Grove ~8.48.020(d)
between stops
10 minutos despues debera moverse 500
pies entre paradas
10 minutes in a residential zone (30 minutes La Puente ~5.42.060(d)
in any other zone) must move 500 feet and
cannot return for 4 hours
10 minutos en zona residential (30 minutos
en cualquier otra zona) debera moverse 500
pies y no podra regresar en 4 horas
15 minutes Westminster ~10.44.120(a)
15 minutos
15 minutes, 1000 feet between stops and Glendale ~1 0.28.050(a)
cannot return for 3 hours
15 minutos, 1000 pies entre paradas y no
podra reqresar por 3 horas
15 minutes (within 500 feet of that place) San Jose ~6.54.240
within any 2-hour period
15 minutos (dentro de 500 pies de ese lugar)
dentro de un periodo de 2-horas
Page 3 of 8
50A-8
TIME LIMITATION CITY MUNICIPAL CODE
SECTION
LIMIT ACION DE TIEMPO CIUDAD SECCION DEL CODIGO
MUNICIPAL
Residential location - 30 minutes within a % Los Angeles 98O.73(2)(F)
mile radius
Commercial location - 1 hour within a % mile
radius
Zona residencial - 30 minutos dentro de una
area de % milia
Zona commercial - 1 hora dentro de una
area de % milia
30 minutes and shall not vend again for a South Gate 92.44.040
period of 4 hours within 500 feet of such
location
30 minutos y no debera vender otra vez por
un periodo de 4 horas dentro de 500 pies del
mismo luqar
30 minutes and must move 400 feet and Stockton 97 -049.5(a)(3)(i)
cannot return to same location on the same
calendar day
30 minutos y debera moverse 400 pies y no
podra regresar al mismo lugar en el mismo
dia
60 minutes Pasadena 991 0.40.200(A)(1)
60 minutos
90 minutes then must move not less than Fullerton 98.70.100(f)
200 feet between stops
90 minutos y debera moverse no menos de
200 pies entre paradas
Page 4 of 8
50A-9
DISTANCE BETWEEN SCHOOLS OR
PARKS CITY MUNICIPAL CODE SECTION
DIST ANCIA ENTRE ESCUELAS 0 SECCION DEL CODIGO
PARQUES CIUDAD MUNICIPAL
200 feet of school, park or playground Fullerton S8.70.100(d)
200 pies de escuela, parque 0 area de
recreo
200 feet of a listed park Los Angeles S80. 73(2)(a)(4)
200 pies de cualquier parque
200 feet of the property line of a public La Puente S5.42.0600)
school
200 pies de la linea de propiedad de
escuela publica
300 feet from a school Pomona S30-717(8)(a)
300 pies de una escuela
300 feet of any school, park, playground Stockton S7-049.5(A)(1 )
300 pies de cualquier escuela, parque, 0
area de recreo
350 feet from a school, playground, park or Sacramento S5.88.01 O(b)
Auditorium
350 pies de una escuela, area de recreo,
parque 0 Auditorio
500 feet of the nearest property line of any Los Angeles S80.73(2)(a)(5)
school
500 pies de la linea de propiedad mas
cercana de cualquier escuela
Page 5 of 8
50A-1 0
DISTANCE BETWEEN SCHOOLS OR
PARKS CITY MUNICIPAL CODE SECTION
DISTANCIA ENTRE ESCUELAS 0 SECCION DEL CODIGO
PARQUES CIUDAD MUNICIPAL
500 feet of any active public school Huntington Beach 95.50.170(a)(1 )
property, park, playground or recreation
facility
500 pies de la propiedad de cualquier
escuela activa, parque, area de recreo, 0
edificio de recreation
500 feet from an entrance or exit of a public Oakland 95.48.070
park, public building or public grounds
500 pies de la entrada 0 salida de un
parque publico, edificio publico 0 areas
publicas
500 feet from a school Baldwin Park 9122.04(h)
500 pies de una escuela
500 feet of a school, park, playground Costa Mesa 91 0-374(a)(1)
500 pies de escuela, parque, 0 area de
recreo
Within 500 feet of a school Anaheim 914.32.310.0305
Dentro de 500 pies de una escuela
Within 500 feet from a public school or park L ynwood 913-7(b)(2)(d)
Dentro de 500 pies de escuela publica 0
parque
500 feet from school (regulation for vending Lake Forest 99.80.065(K)
on private property)
500 pies de escuela (regulacion para
ventas en propiedad privada)
Page 6 of 8
50A-11
DISTANCE BETWEEN SCHOOLS OR
PARKS CITY MUNICIPAL CODE SECTION
DIST ANCIA ENTRE ESCUELAS 0 SECCION DEL CODlGO
PARQUES CIUDAD MUNICIPAL
500 feet from nearest property line of any Huntington Park 94-7.1612(b)
school
500 pies de la linea de propiedad mas
cercana a cualquier escuela
500 feet of a school San Jose 96.54.240(a)(2)
500 pies de escuela
700 feet from school Ontario 94-6.1012(a)
700 pies de escuela
800 feet from a school Irvine 92-1 0-1 005(A)
800 pies de escuela
1000 feet of a park or school Glendale 910.28.050(a)
1000 pies de paroue 0 escuela
1 000 feet of a school Fresno 96-1107(g)
1000 pies de escuela
1200 feet from a school except Saturday or San Bernardino 912.60
Sunday
(ice cream, candy or soda)
1200 pies de escuela excepto Sabados 0
Domingos
(nieves, dulces, 0 refrescos)
Page 7 of 8
50A-12
DISTANCE BETWEEN VENDING
VEHICLES CITY MUNICIPAL CODE SECTION
DIST ANCIA ENTRE VEHICULOS QUE SE SECCION DEL CODlGO
ENCUENTREN VENDIENDO CIUDAD MUNICIPAL
35 feet of another vendor Santa Monica 96.36.1 00(a)(4)
35 pies de otro vendedor
200 feet of another vendor San Jose 96.54.250
200 pies de otro vendedor
250 feet of another vehicle engaged in L ynwood 9 13-7(b )(2)(d)
vending
250 pies de cualquier vehiculo que se
encuentre vendiendo
Within 300 feet of another mobile vending Huntington Beach 95.50.170(a)(2)
vehicle engaged in vending
Dentro de 300 pies de cualquier vehiculo
que se encuentre vendiendo
Within 300 feet of another vendor Costa Mesa 910-374(a)(2)
Dentro de 300 pies de otro vendedor
Within 400 feet of another vendor Stockton 97 -049.5(a)(3)(ii)
Dentro de 400 pies de otro vendedor
Page 8 of 8
50A-13
ORDINANCE NO. NS-2701
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 36-56 THROUGH
36-63 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL
CODE TO REGULATE VENDING VEHICLES, AND
AMENDING SECTION 1-18.1 OF THE CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 36-56 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-56. Additional Prohibitions.
(a) No owner shall permit vending from a vending vehicle that is
stopped, parked or standing on any public street, alley or highway:
(1) When any part of the vending vehicle is open for vending to
prospective customers other than on the side of the vehicle
next to the right hand side of the street, alley or highway
(except when lawfully parked at the left curb on a one-way
street a person may vend to a person standing on the left
parkway or sidewalk); or
(2) When the prospective customer is standing or sitting in
another vehicle; or
(3) When the prospective customer is located in that portion of
the street, alley or highway which is open to vehicular traffic
or for vehicular parking.
(b) No owner shall permit his or her vending vehicle to vend within 200
feet of another vending vehicle on the same side of the street, or in
any event within 100 feet of another vending vehicle wherever
located on the same street.
(c) No owner shall permit his or her vending vehicles to vend on any
public street, alley or highway when the posted speed limit on the
public street, alley or highway is greater than thirty-five miles per
hour (35 MPH).
Ordinance No. NS-2701
Page 1 of 8
50A-14
Section 2. Section 36-57 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-57. Time Limit.
No owner shall permit his or her vending vehicles to vend for a period of
time in excess of 90 minutes in anyone location, and said vending vehicle
must be moved a distance of not less than 500 feet between consecutive
stops at which vending occurs; and no owner shall allow the vending
vehicle to return to vend in the same block in the same day after leaving it.
Section 3. Section 36-58 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-58. Owner's permit required.
(a) No person shall own, control, manage, lease or contract with other
persons for the operation of a vending vehicle in the city without
obtaining and holding a valid owner's permit issued pursuant to the
provisions of this article, in addition to any other license or permit
required under any other chapter of this Code, for each and every
vending vehicle.
(b) The permit sticker issued by the City shall be installed on the
vehicle in the manner prescribed by the executive director of the
planning and building agency.
(c) "Owner's permit" shall mean the permit issued to any owner that
authorizes the holder thereof to engage in the business of vending
from a vending vehicle.
Section 4. Section 36-59 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-59. Permit term and renewal.
The term of the owner's permit, unless sooner revoked, shall be for
a period of one (1) year. Upon the expiration of such term, the permittee
may renew the owner's permit for additional one-year terms by submitting
a new application in conformance with section 36-60 herein together with
such owner's permit renewal fees as may be established by resolution of
the City Council.
Section 5. Section 36-60 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-60. Applications for owner's permits; required fees.
Ordinance No. NS-2701
Page 2 of 8
50A-15
(a) Any person desiring to obtain an owner's permit shall make
application to the executive director of the planning and building
agency. Applications for an owner's permit shall be submitted in the
form prescribed by the executive director of the planning and
building agency which shall include proof of the items specified in
Section 36-61 of this Code.
(b) Prior to submitting such applications a nonrefundable fee, as
established by resolution of the City Council, shall be paid to the
department of finance to defray, in part, the cost of the investigation
and report required by this article. The department of finance shall
issue a receipt showing that such application fee has been paid.
The receipt, or a copy thereof, shall be supplied to the executive
director of the planning and building agency at the time such
application is filed. Owner's permit issuance fees required under
this article shall be in addition to any license, permit or fee required
under any other provision of this Code. No owner's permit
application shall be processed unless and until the applicant has
provided all the information requested on the application and has
submitted the appropriate fee(s).
(c) Neither the filing of any application for an owner's permit, nor the
payment of an application fee, shall authorize the vending from a
vending vehicle until such owner's permit has been granted or
renewed.
Section 6. Section 36-61 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-61. Issuance of owner's permits.
The executive director of the planning and building agency, or his
or her designated representative, within ten (10) days after receiving the
completed application, shall grant the owner's permit only if he or she
finds that all of the following requirements have been met:
(1) The required fees have been paid;
(2) The applicant has not had an owner's permit revoked within
the preceding twelve (12) months.
(3) The applicant has, for each vehicle for which an owner's
permit is sought, identified the Vehicle Identification Number
and license plate number for said vehicle.
Section 7. Section 36-62 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Ordinance No. NS-2701
Page 3 of 8
50A-16
Sec. 36-62. Revocation of owner's permit.
(a) Any owner's permit may be revoked by the city manager or his or
her designated representative for one (1) felony conviction of the
owner during the previous 12 months or three (3) citations for
violations of any state law or municipal ordinance to the owner,
while in the course of vending from a vending vehicle. The citations
may either be criminal filings or administrative citations pursuant to
Sections 1-21 through 1-21.9, or any combination thereof, within
the preceding twelve (12) months.
(b) No person whose owner's permit is revoked shall be eligible to
apply for a new owner's permit for a period of twelve (12) months
following such revocation.
Section 8. Section 36-63 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-63. Appeal of School Separation requirement
(1) The requirement of five hundred feet (500') distance from a
school, pursuant to 36-54(a) may be appealed to the deputy
city manager for development services.
(2) The deputy city manager for development services or
designee may, after consultation with city agencies as he or
she deems appropriate in the exercise of his or her sole and
absolute discretion, modify the requirement of five hundred
feet (500') distance if he or she determines all of the
following:
i. That because of the school layout there is no
entrance or exit within five hundred feet (500') from
the proposed boundary modification.
II. The location of the proposed boundary modification is
not frequented by children as a path of travel.
iii. There are no safety concerns with allowing vending to
occur in the location of the proposed boundary
mod ification.
(3) If a boundary is modified by the deputy city manager for
development services, then a map identifying the boundaries
in which vending is prohibited shall be prepared and be
available to the public. The deputy city manager for
development services or designee shall annually review the
map for accuracy and shall make any necessary
Ordinance No. NS-2701
Page 4 of 8
50A-17
modifications to the boundaries based upon the criteria in
subsection (2) above.
Section 9. Section 1-18.1 of Chapter 1 of the Santa Ana Municipal Code is
hereby amended such that it reads as follows (new language in underline, deleted
language in strikeout):
Sec. 1-18.1. Planning and building agency authority to issue citations.
The executive director of the planning and building agency, the
planning manager, the building safety manager, community preservation
inspectors, code enforcement inspectors, senior building inspectors, and
building inspectors have the duty to enforce the following provisions of this
Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-27, 10-64,
10-70, 10-71, 10-89, 10-97, 10-98, 10-100, 10-140, 10-141, 10-142, 10-
143, 10-150, 10-151, 10-177, 10-197, 10-203, 10-209, 10-221 through 10-
238; sections 16-1,16-2,16-3,16-4,16-6,16-34,16-35,16-46 through
16-60; sections 16-110--16-125; Chapter 17; sections 18-17,18-39,18-
40,18-352,18-400 through 18-420 Chapter 21; Chapter 26; section 36-
148; sections 36-50 through 36-5563; sections 36-450 through 36-467;
and Chapter 41. The above listed officers and employees also have the
duty to enforce sections 27551,27671 and 27672 of the Health and Safety
Code of the State of California with respect to sales of food from vehicles.
The above listed officers and employees shall also have the duty to
enforce permit parking districts established by the City of Santa Ana. The
above-listed officers and employees are authorized to arrest persons
without a warrant whenever they have reasonable cause to believe that
the person to be arrested has committed a violation of said provisions in
their presence. In any case in which a person is arrested pursuant to this
section, and the person arrested does not demand to be taken before a
magistrate, said officer or employee making the arrest shall prepare a
written notice to appear and release the person on his or her promise to
appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of
the State of California (commencing with Section 853.5).
Section 10. In adopting the amendments set forth in Sections 1 through 9
above, the City Council of the City of Santa Ana hereby finds, determines and declares
as follows:
A. Vending vehicles within the City of Santa Ana present public safety and
welfare concerns to the residents of Santa Ana, especially the children.
B. California Vehicle Code Section 22455(b) permits cities to adopt additional
requirements for vending vehicles for public safety.
C. The safety of children is a significant concern for the City of Santa Ana.
1. In California Vehicle Code Section 22456, the Legislature declared,
"motor vehicles engaged in vending ice cream and similar food
Ordinance No. NS-2701
Page 5 of 8
50A-18
items in residential neighborhoods can increase the danger to
children."
2. Many of the vending vehicles in Santa Ana, not only ice cream
trucks, cater to children by offering toys and snack type items. As
such, children, often unsupervised, purchase items from the
vending vehicles.
D. Accidents have occurred as a result of pedestrians crossing the street
mid-block without regard for traffic to get to a vending vehicle. The risk to
pedestrians crossing the street mid-block at night is increased due to the
decreased visibility.
E. The purpose of this ordinance is to regulate a business being operated
within the City of Santa Ana; the purpose of this ordinance is not to
regulate vehicular traffic except to protect the public safety and welfare of
the residents as permitted by the Vehicle Code.
F. Vending Vehicles are conducting businesses within primarily residential
zones. This business creates impacts to the residential neighborhoods,
such as increased traffic congestion, reduction in available parking, as
well as safety concerns.
1. On order to address these impacts, the gO-minute time limit in any
one location, and the separation of the vending vehicle (herein after
"congestion management regulations") will reduce the impacts to
parking in the neighborhood, and will provide a safer residential
neighborhood.
2. Vending vehicles are typically wider than a standard vehicle, which
causes them to encroach into traffic lanes. This encroachment can
create visibility hazards for vehicles exiting the driveways, as well
as a more dangerous situation for other vehicles and bicycles.
3. The Legislature, in adopting California Vehicle Code Section
22456(e)(3), determined that potential danger to children requires
that a vehicle stopped to vend ice cream must have a minimum
unobstructed view of the highway in both directions of 200 feet. In
Santa Ana, children purchase from the type of vending vehicles
regulated by this ordinance in addition to purchasing from ice
cream trucks; for example, the September 25, 2005 Los Angeles
Times article on this subject states that in Santa Ana, "parents feel
comfortable sending their children to buy items [from mobile food
vendors]. Remedios Arias, 32, sent her 11-year-old son to buy 10
eggs for $1 on a recent morning."
4. The use of these congestion management regulations will restrict
the number of visibility-impacting vehicles on the street and thereby
reduce the number of times that opposing vehicles and bicycles
must enter or cross traffic lanes as they pass the vending vehicles.
Ordinance No. NS-2701
Page 6 of 8
50A-19
G. The Request for Council Action for this ordinance dated October 17, 2005
and September 6, 2005, and Ordinance No. NS-2655 shall by this
reference be incorporated herein, and together with this ordinance, any
amendments or supplements and the oral testimony before the City
Council, shall constitute the necessary findings for this ordinance.
H. The City Council has considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
I. Based upon this record the City Council finds that the standards set forth
in this ordinance, and each of them, are necessary to protect the public
safety and welfare of the children and residents of the City of Santa Ana
associated with vending vehicles.
J. The police power regulations, such as those employed in this ordinance,
are legitimate, reasonable means of accountability to help protect the
public safety and welfare of the children and residents of the City of Santa
Ana.
K. The City Council determines that despite these vending vehicle
regulations, and the regulations adopted in Ordinance NS-2655, that there
remains a reasonable opportunity to vend within the City of Santa Ana,
and will not prohibit any access to vending vehicles to any neighborhood
within the city.
L. All provisions of the Santa Ana Municipal Code, which are repeated
herein, are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such restatement
of existing provisions of the Code is not intended, nor shall it be
interpreted, as constituting a new action or decision of the City Council,
but rather such provisions are repeated for tracking purposes only in
conformance with the Charter.
M. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical
Exemption Environmental Review No. 2005-161 will be filed for this
project.
Section 11. This ordinance shall take effect July 1, 2006.
Section 12. 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.
Ordinance No. NS-2701
Page 7 of 8
50A-20
Section 13. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2701 to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2701
Page 8 of 8
50A-21
ORDINANCE NO. NS-2695
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADOPTING A CITYWIDE VENDING
PREFERENTIAL PARKING PROGRAM
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. Section 22507 of the Vehicle Code of the State of California authorizes a
city to prohibit stopping, parking or standing of vehicles on certain streets
and to establish a permit system exempting certain vehicles from the
prohibition.
B. Vending Vehicles are conducting businesses within primarily residential
zones. This business creates impacts to the residential neighborhoods,
such as increased traffic, pedestrian congestion, and litter accumulation.
The citywide vending permit parking district is necessary in order to
protect neighborhood integrity against excessive intrusion of vending
vehicles which are parked in these residential neighborhoods throughout
the day and night.
C. The City Council hereby desires to adopt a citywide preferential parking
program pursuant to California Vehicle Code Section 22507. The
preferential parking program shall be referred to as the vending permit
parking district.
D. The parking restrictions imposed pursuant to the Santa Ana Municipal
Code, Chapter 36, Article XI, and this Ordinance shall apply to any
vending permit parking area so designated by appropriate signage.
E. The executive director of the planning and building agency or his designee
is hereby authorized by this ordinance to select appropriate vending
permit parking locations and to establish up to 150 individual vending
permit parking districts within the City of Santa Ana. Each individual
vending permit parking district shall only be large enough to accommodate
one vending vehicle. The executive director of the planning and building
agency in the selection of the individual vending permit parking districts
should be guided by the following:
1. The property owner(s) immediately behind the vending permit
parking district should be permitted a reasonable time frame in
50A-22
Ordinance No. NS-2695
Page 1 of 4
which to object to the location of the vending permit parking district.
Should the property owner timely object, then the vending permit
parking district should be relocated.
2. The vending permit parking district should not be located within
permit parking districts, except permit parking districts that only
prohibit overnight parking without a permit.
F. All vending vehicles parked in a permit parking district shall be subject to
the Santa Ana Municipal Code, with the exception of the time limits
established in Section 36-57.
G. No person shall park any vehicle at any time on any portion of any street
within the citywide vending permit parking district which signs have been
erected indicating the application of permit parking restrictions, except
persons and vehicles exempted from such parking restrictions. The signs
may provide for the towing of vehicles parked in violation of the parking
restrictions.
H. The executive director of the planning and building agency is authorized to
promulgate eligibility criteria for the issuance of vending parking permits to
vendors, and to issue or deny such permits in accordance therewith; and
to establish written rules for the vending permit parking districts. Such
rules shall be designed to minimize the impacts upon the residential
neighborhoods. Such impacts include but are not limited to: increased
traffic, traffic and safety hazards, pedestrian congestion, parking
shortages, litter accumulation and damage to the public parkways. Such
rules may be revised from time to time, as circumstances require.
Section 2. The executive director of the planning and building agency on his
own authority and at his sole and absolute discretion may establish a Vending Permit
Parking Advisory Committee to assist in the selection of the 150 individual Vending
Permit Parking Districts and/or the implementation of this ordinance.
Section 3. The City Council has considered all of the written and oral
testimony offered concerning whether to adopt this ordinance.
A. The Request for Council Action for this ordinance dated September 6,
2005, and Ordinance NS-2655 shall by this reference be incorporated
herein, and together with this ordinance, any amendments or supplements
and the oral testimony before the City Council, shall constitute the
necessary findings for this ordinance.
B. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical
Exemption Environmental Review No. 2005-161 will be filed for this
project.
Section 4. 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
50A-23
Ordinance No. NS-2695
Page 2 of 4
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 5. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Council members
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Council members
50A-24
Ordinance No. NS-2695
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2695 to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
50A-25
Ordinance No. NS-2695
Page 4 of 4
-
50A-26
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
ADOPT ORDINANCE TO REGULATE THE
HOURS OF OPERATION FOR ICE CREAM
TRUCKS OPERATING ON CITY STREETS
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
A
,,,/-"-//
/ /. 7
tf:L-cLC-c-//;; / /:2~,...-,.
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance regulating the hours of operation for ice cream trucks
operating on City streets.
DISCUSSION
This matter arose during various meetings with vendors and residents
regarding the proposed mobile vending regulations. Vendors have been
concerned that the proposed hours of operation for mobile vendors are
more restrictive than hours for ice cream trucks, which at present can
operate 24 hours a day.
These unlimited hours of operation can serve
create traffic congestion, jeopardize the
frequently patronize ice cream trucks, and
Further, such unlimited hours of operation
inconsistent with those proposed for mobile
similar businesses.
to disrupt neighborhoods,
safety of children who
impact on-street parking.
for ice cream trucks are
vendors, though they are
Accordingly, the Neighborhood Improvement/Code Enforcement City Council
Committee unanimously recommended at its September 27, 2005 meeting to
create an ordinance that would establish hours of operation for ice cream
trucks consistent with those proposed for mobile vendors.
The attached ordinance establishes operating hours for ice cream trucks
of 9 a.m. to 8 p.m. daily.
M. Trevino
e utive Director
Planning & Building Agency
KA:rb
rb\reports\Vending Vehicle Ordinance lO-17-0S.cc
508-1
ORDINANCE NO. NS-2702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADDING SECTION 36-461.1 TO THE
SANTA ANA MUNICIPAL CODE RELATING TO HOURS
OF OPERATION FOR ICE CREAM TRUCKS OPERATING
ON CITY STREETS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 36.461.1 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-461.1. Hours of Operation.
Vending from an ice cream truck, whether of a frozen dessert
product or of any other good or product, shall only occur between the
hours of 9:00 a.m. to 8:00 p.m. daily.
Section 2. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. The Request for Council Action for this ordinance dated October 17, 2005,
and Ordinance NS-2655 shall by this reference be incorporated herein,
and together with this ordinance, any amendments or supplements and
the oral testimony before the City Council, shall constitute the necessary
findings for this ordinance.
B. Sections 22455 and 22456 of the Vehicle Code of the State of California
authorize a city to regulate the sales of goods and products from motor
vehicles, particulary ice cream trucks as therein defined, and the
Legislature has explicitly found "that motor vehicles engaged in vending
ice cream and similar food items in residential neighborhoods can
increase the danger to children."
C. The City Council has considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
D. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical
Exemption Environmental Review No. 2005-186 will be filed for this
project.
Ordinance No. NS-2702
Page 1 of 3
508-2
Section 3. 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 4. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Council members
NOES: Councilmembers
ABSTAIN: Council members
NOT PRESENT: Councilmembers
Ordinance No. NS-2702
Page 2 of 3
508-3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2702 to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
508-4
Ordinance No. NS-2702
Page 3 of 3
REQUEST FOR
COUNCIL ACTION
,'~\
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\ ,\\1il"atinn /-,.
-/~--
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
PROPOSED AMENDMENT TO
CLASSIFICATION AND COMPENSATION
PLAN AND ANNUAL BUDGET
//~, ~)
&;./ / 222"-
" / /
" /,j"..
.. 't..-r,t/~ ' '.av--,
CITY ANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution that amends the City's Basic Classification and
Compensation Plan (Resolution No. 82-110) to create one full-time title,
and amends the Fiscal Year 2005-06 Annual Budget to reflect this change.
DISCUSSION
The Fire Department has conducted an analysis of the duties and
responsibilities of the Fire Communications Manager position following
the recent departure of the incumbent. Currently, this mid-management
classification oversees the Communications Section as well as several
functional areas indirectly related to Communications such as computer
systems administration, records management, and departmental coordination
of the Urban Areas Securities Initiative grant. The organizational
review has concluded that the Fire Department would be better served by
transferring the responsibilities unrelated to Communications to various
other specialized job classifications, and assigning Communications
Section responsibilities to a non-management, supervisory job
classification titled Fire Communications Supervisor.
Consequently, the Fire Chief proposes to reallocate the Fire
Communications Manager position to Fire Communications Supervisor at a
salary range 26% below the managerial classification.
55A-1
Classification/Compensation Plan
October 17, 2005
Page 2
FISCAL IMPACT
Reallocation of one Fire Communications Manager
Communications Supervisor results in a savings
remainder of the fiscal year.
(RM)
of
position to
$10,680 for
Fire
the
Ild~ J~
. ../_ Phillip M. Garcia
..fA' Fire Chief
Fire Department
APPROVED AS TO FUNDS AND ACCOUNTS:
~\\~~~~i".1, ~~ ~ (J-"
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
55A-2
RESOLUTION NO. 2005-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO
EFFECT CERTAIN CHANGES TO THE CITY'S BASIC
CLASSIFICATION AND COMPENSATION PLAN TO ADD ONE
NEW FULL TIME CLASSIFICATION TITLE IN THE FIRE
DEPARTMENT, AND TO AMEND THE ANNUAL BUDGET TO
REALLOCATE ONE POSITION.
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 June 20, 2005, the City Council passed and adopted Ordinance No.
NS-2687, which established the City's Annual Budget, authorized position
allocations for Fiscal Year 2005-2006, and set forth the requirement that
alterations in the allocation of authorized positions be reviewed and
approved by the City Council.
D. In order to continue to provide efficient and effective fire communications
services and maintain a classification and compensation plan that reflects
the new reorganized structure, the Fire Chief proposes to create one (1)
full time classification, and to reallocate one (1) position in the current
Annual Budget.
Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby
further amended by adding the following classification title effective 11/01/05, at the
Salary Rate Range indicated:
Class Title
Fire Communications
Supervisor
6-Step Salary Rate
Ranqe No.
634
Annual Salary (Min-Max)
($55,212-70,512)
Section 3: That Ordinance No. NS-2687, the Annual Budget for Fiscal Year
2005-2006, as amended, shall be further amended by reallocating one position in the
Fire Department from the classification title of Fire Communications Manager (AM) to
Fire Communications Supervisor.
55A-3
Section 4: That except as amended by this Resolution, all other provisions of
Resolution No. 82-110, as amended, shall remain in full force and effect.
Section 5: That this Resolution shall be operative from and after October 17,
2005.
ADOPTED this _ day of October, 2005.
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, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2005-096 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
55A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
PROPOSED AMENDMENT TO
CLASSIFICATION AND COMPENSATION
PLAN AND ANNUAL BUDGET
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a Resolution that amends the City's Basic Management Classification
and Compensation Plan (Resolution No. 91-066) and amends the Fiscal Year
2005-06 Annual Budget to reflect this change.
DISCUSSION
The Personnel Services Department recently completed an analysis of the
duties and responsibilities of the Jail Administrator position. Over the
last decade, the size and scope of the Santa Ana Jail Facility has increased
significantly. The facility currently houses both pre-arraignment and long-
term arrestees, has a budget of $11.5 million, and receives contract revenue
of over $12 million. This has resulted in an increase in the level of
responsibility and authority assigned to the Jail Administrator. However,
the compensation for this job classification has not changed since the
Police Department created the classification in 1992. When first
established, the new Jail Administrator was charged with the hiring and
training of our first Detention Officers and the construction of the City's
temporary holding facility. The facility shortly thereafter grew to a
temporary 96-bed jail staffed by slightly more than a dozen employees. While
continuing to manage the operation of the temporary facility, the Jail
Administrator supervised the construction of the new facility and
coordinated the staffing, procurement and transition planning. Today, the
permanent facility holds 480 beds and is staffed by over 125 employees. The
Police Chief now requests a 15% equity adjustment to compensate the
incumbent properly when compared with other mid-management positions with
equivalent scope and level of responsibility.
558-1
CS 383
Classification/Compensation Plan
October 17, 2005
Page 2
FISCAL IMPACT
The cost for the proposed increase is $11,080 for remainder of the fiscal
year.
APPROVED AS TO FUNDS AND ACCOUNTS:
1~,<)c...::> ~~~ ~ ,
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
\
i ____/~J {G l/ivL--
Paul M. Walters
Police Chief
558-2
RESOLUTION NO. 2005-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO
PROVIDE AN INCREASE IN SALARY FOR THE
MIDDLE MANAGEMENT CLASSIFICATION OF JAIL
ADMINISTRATOR (MM).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines, and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install, and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On July 1, 1991, the City Council passed and adopted Resolution
No. 91-066, re-establishing the Basic Classification and Compensation
Plan for classes of employment designated as Executive Management
(EM) and Middle Management (MM).
C. It is proposed that the salary level for the middle management
classification title of Jail Administrator (MM) be increased, in order to
maintain internal pay equity relationships and attract and retain qualified
candidates.
D. It is now desired to amend Council Resolution No. 91-066, as amended, in
order to effect these changes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA:
Section 2: That Section 3B of Resolution No. 91-066, as amended, is hereby
further amended by providing an equity adjustment to the following class title:
15-Step Salary Rate Ranqe (SRR) Effective 11/01/05
Class Title
FROM Annual Salary
No. (Min-Max)
TO
No.
Annual Salary
(Min-Max)
Jail Administrator (MM)
MM22 ($78,504-110,904) MM28 ($91,044-128,616)
Section 3: That except as amended by this Resolution, all other provisions of
Resolution No. 91-066, as amended, shall remain in full force and effect.
558-3
Section 4:
October 17, 2005.
That this Resolution shall be operative from and after
ADOPTED this _ day of October 2005.
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 ATIESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2005-098 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
558-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
CERTIFY ENVIRONMENTAL IMPACT
REPORT/ENVIRONMENTAL ASSESSMENT
NO. 95-03 FOR THE ALTON AVENUE
OVER OSS~T SR;55
U~
CITY MA
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
\.~
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
1. Adopt a resolution certifying Final Environmental Impact
Report/Environmental Assessment (EIR/EA) No. 95-03 and approve the
mitigation monitoring program and statement of overriding
considerations for the Alton Avenue Overcrossing Project at SR-55.
2. Approve Alternative 2 as the build alternative for the project.
PLANNING COMMISSION ACTION
A public hearing was held on March 8, 2004 to receive public comments for
the Draft Environmental Impact Report/Environmental Assessment (EIR/EA)
No. 95-03.
DISCUSSION
The cities of Santa Ana and Irvine, in cooperation with Caltrans, propose
to construct the Alton Avenue Overcrossing at SR-55. The lead agencies
for this environmental analysis are the City of Santa Ana for the
California Environmental Quality Act (CEQA), and the Federal Highway
Administration (FHWA) for the National Environmental Policy Act (NEPA).
The project area is located along Alton Avenue between Main Street in
Santa Ana and Red Hill Avenue in Irvine, approximately two miles in
length. In addition, the project includes a segment of SR-55 from
MacArthur Boulevard to just south of Warner Avenue in Santa Ana (Exhibit
1) .
The City of Santa Ana has developed two alternatives for this project.
Alternative 1 is a no build and Alternative 2 is the preferred build
alternative. The preferred build alternative assumes that a new
overcrossing would be constructed at Alton Avenue connecting the cities
of Santa Ana and Irvine. One of the unique design features of the
project will be the construction of high-occupancy-vehicle (HOV) direct-
55C-1
Certify Environmental Impact Report No. 95-03
October 17, 2005
Page 2
access drop ramps, which will allow motorists to enter and exit the
freeway from the bridge.
The project also consists of an addition of a signalized intersection
with HOV drop ramps, and widening Alton Avenue on the north side between
Maple Street and Halladay Street in Santa Ana. The widening of Alton
would upgrade this portion of the roadway to secondary arterial
standards consistent with the remainder of Al ton Avenue between Main
Street and SR-55.
Construction of the HOV direct-access drop ramps will necessitate
widening SR-55 to accommodate the median ramps. The following elements
are integral to the widening of SR-55: Relocating an existing drainage
channel; relocating two sections of Pullman Avenue; widening the Dyer
Road undercrossing structure; and, modifying existing ramps at MacArthur
Boulevard and Dyer Road to connect with the widened freeway.
Overcrossing improvements are within the existing Caltrans right-of-way
and the Cities of Santa Ana and Irvine. Property acquisitions will be
needed to widen Alton Avenue in Santa Ana to accommodate two travel
lanes in each direction, a dedicated left turn lane, and sidewalks.
The estimated project cost in millions (2004 dollars) for Alternative 2
is shown in the table below:
Phase 1
Phase 2
Total
Construction
$17.5
$41. 1
$58.6
Right-of-Way
$17.6
$ 3.6
$21. 2
Design
$3.4
$0.0
$3.4
Total
$38.5
$44.7
$83.2
As indicated in the table, the cities may construct the improvements in
phases based on demand and funding availability. The project will be
constructed using federal, state and local grant funding. The initial
phase will include construction of the overcrossing and local street
improvements to address current deficiencies. The freeway widening and
the HOV direct access drop ramps could be added as a second phase.
Staff recommends that the City Council approve Alternative 2 as the
preferred build alternative for the following reasons:
. This alternative consists of constructing a new roadway link across
SR-55 to support the circulation network needed to accommodate
future development in the Irvine Business Complex (IBC) in Irvine,
MacArthur place and MacArthur Place South/Hutton Center in Santa
Ana.
55C-2
Certify Environmental Impact Report No. 95-03
October 17, 2005
Page 3
. The resulting cross section would be consistent with both cities
General Plan Circulation Elements and the Orange County Master Plan
of Arterial Highways.
. Alternative 2 will relieve existing traffic congestion on MacArthur
Boulevard and Dyer Road.
. This al ternati ve would also provide HOV direct access to and from
SR-55 from the Alton Avenue Overcrossing. These HOV ramps will be
integrated into the Orange County Transportation Authority's
Transitway project which will provide freeway-to-freeway HOV
connections within the I-405/SR-55 interchange.
ENVIRONMENTAL IMPACT
The FEIR represents an informational document that is intended to inform
public decision makers, other responsible and trustee agencies, and the
general public of the potential effects of the proposed project.
The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR
and an Initial Study (IS) for the Draft Environmental Impact
Report/Environmental Assessment (DEIR/EA) No. 95-03 on June 30, 1997. The
NOP/IS was distributed to the State Clearinghouse Office of Planning and
Research, public agencies, utility and service providers, homeowners'
associations in the project area, nearby property owners, and other
individuals that may have an interest in the project. The initial study
identified those potential impacts that could be significant and issues
that would require additional analysis. The environmental issues analyzed
in the DEIR/EA include:
l.
2 .
3 .
4.
5.
6.
Air Quality
Biological Resources
Cultural Resources
Geologic Resources
Hydrology/Water Quality
Hazards/Risk of Upset
7. Land Use
9. Noise
10. Population and Housing
11. Public Services and Utilities
11. Traffic and Circulation
12. Visual Resources
The City of Santa Ana held a public scoping meeting for the Alton Avenue
Overcrossing Project to identify concerns or issues from the community,
with the release of the Notice of Preparation for the Draft EIR/EA.
Comments consisted of concerns about removal of on-street parking,
traffic flow around the project, and the potential displacement of
businesses.
The DEIR/EA was released on February 2, 2004 for a 45-day public review
period from February 2, 2004 to March 17, 2004. A community meeting was
55C-3
Certify Environmental Impact Report No. 95-03
October 17, 2005
Page 4
held in the City of Irvine on February 25, 2004, and a public hearing was
held in the City of Santa Ana on March 8, 2004. During the public review
period, the City received comments from one state agency, one regional
agency, one utility, and five businesses. The majority of the comments
related to establishing future parking sites within the project area
using remnant parcels, concerns regarding project impacts on traffic
circulation at or near their businesses, and construction related issues
such as dust, noise and access to businesses.
Additionally, the DEIR/EA identified potentially contaminated properties
within the project area. Therefore the FHWA requested that a Phase II
Environmental Site Assessment (ESA) for hazardous waste be conducted as
part of the environmental review process. The Phase II analysis
consisted of taking soil samples from each of the identified partial and
full acquisition properties. The Phase II analysis delayed the
completion of the environmental phase of the proj ect for approximately
one year.
Written responses to those comments were provided in the Responses to
Comments (RTC) Report. The RTC Report documents all written and oral
comments received during the public review period and contains the City's
response to those comments (Exhibit 2). Additionally, comments received
from the public and from the public agencies did not require any new
analysis, or result in major changes in the FEIR/EA.
Further, the FEIR/EA identified ten environmental categories that may
result in significant or potentially significant environmental impacts.
All of these significant impacts can be avoided through the adoption of
feasible mitigation measures. The attached findings and facts (Exhibit 3)
summarizes the evidence relied upon by the City in making these findings.
This evidence is drawn from the Notice of Preparation, the FEIR/EA, the
comments and responses to comments on the DEIR/EA, and other evidence
presented to the City, including all other information in the
administrative record. Additionally, a Mitigation Monitoring and
Reporting Program has been prepared for this project and is found in
Appendix L of the FEIR/EA.
After the FEIR/EA is certified, staff will proceed with the final design
of the proj ect. The design phase is being funded by the Orange County
Transportation Authority's (aCTA) Regional Interchange Program with a 50
percent local match from the cities of Santa Ana and Irvine. During the
design phase, staff will aggressively seek all available federal, state
and local funding for the right-of-way acquisition and construction of the
project. In addition, staff is working to have the project listed for
inclusion of the Measure M reauthorization. This project is also included
in the aCTA Draft Long Range Transportation Plan Candidate List.
55C-4
Certify Environmental Impact Report No. 95-03
October 17, 2005
Page 5
FISCAL IMPACT
There is no fiscal impact associated with this action.
~12;' ,', 1/
L'~j 4.~<t]~oJ},eL{
:r1James G. Ross
! Executive Director
Public Works Agency
~Vino
Executive Director
Planning and Building Agency
55C-5
Project Location
WARNER AVE.
DYER RD.
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i
FORMER
u.s. MARINE CORPS
A1RSTATlON, TUSTIN
MACARTHUR BLVD.
SANTA ANA
SUNFLOWER AVE.
1II
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(()
:-I
COSTA MESA
1-405
Project AIN
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Not to Scale
Alton Avenue Overcrossing Project
O~~
. ~@l1JJ'U'lHl
LEGEND
NEWPORT BEAC
,
- - - City BOIJII&rlH
EXHIBIT 1
SANTA ANA
City Council
Agenda Date
Title:
ENVIRONMENTAL IMPACT REPORT/
ENVIRONMENTAL ASSESSMENT NO.95-03
FOR THE ALTON AVENUE OVERCROSSING
PROJECT.
~
~
I PW A I
OCTOBER 17, 2005
PI.lb4icWoO\S~C'J
55C-6
RESOLUTION NO. 2005-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CERTIFYING AND APPROVING THE
ENVIRONMENTAL IMPACT REPORT, APPROVING A
MITIGATION MONITORING PROGRAM, AND ADOPTING
CERTAIN FACTS, FINDINGS AND A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE ALTON
AVENUE OVERCROSSING AT THE SR-55 FREEWAY
PROJECT
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 City has prepared a Draft and Final Environmental Impact Report, in
conjunction with the United States Department of Transportation, Federal
Highway Administration, and in cooperation with CalTrans and the City of
Irvine, for the proposed Alton Avenue Overcrossing of the SR-55 Freeway
Project.
B. The Project can be described as follows: The Cities of Santa Ana and Irvine
propose to build an overcrossing structure over the Costa Mesa State
Route 55 (SR-55) Freeway between the eastern terminus of Alton Avenue in
the City of Santa Ana and the western terminus of Alton Parkway in Irvine,
Orange County. The proposed project includes SR-55 from 0.1 kilometer
(0.06 mile) north of MacArthur Boulevard to 0.1 kilometer (0.06 mile) south
of Warner Avenue and Alton Avenue from Main Street (City of Santa Ana) to
0.1 kilometer east of Red Hill Avenue (City of Irvine). The City of Santa Ana
is the project proponent and the Lead Agency with the primary responsibility
for preparing and certifying the California Environmental Quality Act (CEQA)
compliance documents. The lead agency for the environmental analysis for
the proposed project under the National Environmental Policy Act (NEPA) is
the Federal Highway Administration (FHW A). The California Department of
Transportation (Caltrans) acts as a liaison on behalf of FHWA.
C. The City Council of the City of Santa Ana held a duly noticed meeting
regarding this Project on this date, and at that time considered all testimony,
written and oral.
D. Due to the size of the Project and the impacts to the environment, a Draft
Environmental Impact Report (EIR) was prepared for this project. In
addition to soliciting comments from concerned citizens, impacted
neighborhoods, state resource and trustee agencies, a community
meeting was held in the City of Irvine on February 25, 2004, and a public
55C-7
hearing was held in the City of Santa Ana on March 8, 2004. Following
close of the public comment period on March 17, 2004, a document was
prepared formally responding to all comments received, making minor
clarifications to the Draft EIR and proposing a written mitigation monitoring
plan. The Draft EIR and this supplemental document together comprise
the Final EIR for this Project.
E. All attached documents, including the mitigation monitoring plan, the
findings and approvals, the Request for Council Action, and the record of
proceedings are incorporated herein by this reference as though fully set
forth. This resolution incorporates by reference, as though fully set forth
herein, the ordinance and resolutions referenced above and said Final
Environmental Impact Report, Mitigation Monitoring Program, and Statement
of Overriding Considerations, and all of their respective facts, findings and
conclusions in support of this resolution and the findings made herein.
Section 2. The City Council has reviewed and considered the information
contained in the Final EIR prepared with respect to this Project. The City Council has,
as a result of its consideration of the record as a whole and the evidence presented at
the hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR
meets all requirement of CEQA, including but limited to: finding that the Final EIR
adequately addresses the impacts of the project; that it identifies and through the
mitigation monitoring plan imposes all feasible mitigation measures which will reduce all
of the significant environmental impacts of the Project to a level of insignificance, except
those unavoidable impacts described more specifically in the statement of overriding
considerations; discusses a reasonable range of alternatives to the Project; identifies
the environmentally superior alternative; and based upon all of which and the record as
a whole the Council chooses to approve the Project. The City Council hereby certifies
and approves the Final EIR, and (a) the mitigation monitoring plan, and (b) the facts,
findings and Statement of Overriding Considerations attached to this Resolution as
Exhibits "A" and "B" respectively and incorporated herein by this reference, and directs
that a Notice of Determination be prepared and filed with the County Clerk of the County
of Orange in the manner required by law.
Section 3. The City Council approves EI R Alternative 2 as the preferred build
alternative for the following reasons:
1. This alternative consists of constructing a new roadway link
across SR-55 to support the circulation network needed to
accommodate future development in the Irvine Business Complex
(IBC) in Irvine, MacArthur Place and MacArthur Place South/Hutton
Center in Santa Ana.
55C-8
2. The resulting cross section would be consistent with both cities
General Plan Circulation Elements and the Orange County Master
Plan of Arterial Highways.
3. Alternative 2 will relieve traffic on MacArthur Boulevard and
Dyer Road.
4. This alternative would also provide HOV direct access to and
from SR-55 from the Alton Avenue Overcrossing. These HOV ramps
will be integrated into the Orange County Transportation Authority's
Transitway project which will provide freeway-to-freeway HOV
connections within the 1-405/SR-55 interchange.
Section 4. Pursuant to Title XIV, California Code of Regulations ("CCR")
9 735.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
adverse effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by paved
concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish
and Game Code 9 711.2 and Title XIV, CCR 9 735.5, the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
55C-9
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution 2005-099 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
55C-1 0
State Clearinghouse
No. 1997071010
ALTON AVENUE
OVERCROSSING AT SR-55
Draft Mitigation Monitoring and Reporting
Program
12-0RA-55 KP 11.21/13.44
PM R6.97/R8.35
EA 12209-005500
Prepared for:
City of Santa Ana
City of Irvine
Prepared by:
E<<MJg~1 A
April July 2005
Parsons Brinckerhoff Quade & Douglas
55C-12
Mitigation Monitoring and Reporting Program
1.0 INTRODUCTION
Assembly Bill (AB) 3180 [California Public Resources Code (PRC), Section 21081.6] became law in
California on January 1, 1989. This bill requires all public agencies to adopt mitigation or reporting plans
when they approve projects with Mitigated Negative Declarations or Environmental Impact Reports
which identify significant environmental impacts. The Mitigation Monitoring and Reporting Program
(MMRP) must be adopted when a public agency makes its findings pursuant to the California
Environmental Quality Act (CEQA) so that the program can be made a condition of project approval.
The program must be designed to ensure project compliance with mitigation measures during project
implementation. If certain project impacts extend beyond the project implementation phase, long-term
mitigation monitoring must be provided in the monitoring plan.
The National Environmental Policy Act (NEP A) does not specifically require substantive mitigation for
project impacts; direct, indirect, or cumulative [Robertson v. Methow Valley Citizens Council, 490 U.S.
332, 350 (1989)]. However, the CEQ regulations require that the Environmental Assessment include
consideration and discussion of possible mitigation for project impacts (40 CFR SS 1502.14((f),
1502.16(e-h), 1505.2(c), 1508.25(b)(3)). 40 CFR Section 1502.14(f) requires that agencies shall include
appropriate mitigation measures not already included in the proposed action or alternatives.
1.1 PURPOSE
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to track compliance
with mitigation measures and conditions of approval outlined in the Final Environmental Impact
ReportJEnvironmental Assessment (FEIR/EA) prepared for the Alton Avenue Overcrossing at State
Route 55 (SR-55) Project. This MMRP has been prepared in conformance with PRC, Section 21081.6
and CEQA Guidelines Section 15097.
1.2 MITIGATION MATRIX
In order to effectively track and document the status of each mitigation measure, a MMRP matrix (Table
1) has been prepared and includes the following components:
. FEIR/EA Section, Page Number
. Description of Potential Environmental Impact
. Mitigation Measure
. Timing Implementation
. Performance Objective
· PersonlParty Responsible (usually Resident Engineer or City representative)
· Compliance Verification (signature and date)
. Comments
The timing for implementing each mitigation measure has been apportioned into several specific timing
increments;
Alton Avenue Overcrossing at SR-55
Mitigation Monitoring Plan.
L-1
February July 2005
55C-13
Mitigation Monitoring and Reporting Program
. During Final Design;
. Prior to Construction;
. During Construction; and
. Post Construction.
Table 1 refers to the Preferred Alternative only. Alternative 1 (No Build Alternative) is not included in
Table 1 because no mitigation is proposed for this alternative. The project impacts and the measures to
mitigate or minimize the impacts are further discussed in Section 4.0 of the FEIR/EA.
2.0 MITIGATION MONITORING PROCEDURES
2.1 MANAGEMENT
The City of Santa Ana, as Lead Agency for the Alton Avenue Overcrossing project, is also responsible
for approving the MMRP, verifying that all mitigation measures are completed, accepting written
documentation that meets the performance objective for each mitigation measure, and keeping all records
for public inspection. The City of Santa Ana Planning Division will be responsible for overseeing
implementation and administration of the MMRP for the Alton Avenue Overcrossing at SR-55 project.
The City of Santa Ana, in cooperation with the City of Irvine, is responsible for review of all monitoring
reports, enforcement actions, and documentation. The City will rely on information provided by the
responsible parties as accurate and up-to-date and to ensure mitigation measure status.
2.2 MONITORING PROCEDURES
1. The City of Santa Ana Planning Division, will be responsible for reviewing the project plans, grading
plans and activities, construction sites and/or long term operations to ensure mitigation measures are
properly and thoroughly implemented during the design, construction and operation of the Alton
Avenue Overcrossing project.
2. Written documentation that the mitigation measures in Table 1 are implemented shall be maintained
by the City of Santa Ana Planning Division. Documentation of these activities must clearly indicate
the schedule for implementation, whether the measure has been implemented, or in the case of on-
going measures, that a process has been developed to ensure continued implementation of the
measure.
2.3 REPORTING PROCEDURES
1. The City of Santa Ana Planning Division will be responsible for reviewing and coordinating the
MMRP (Table 1) with the key personnel implementing the project, including the City project
manager, construction and demolition contractors, and all other key staff and contractors associated
with the project.
2. The City of Santa Ana Planning Division will update the MMRP (Table 1). The City will document
the completion of all mitigation measures for the project phases consistent with the timing shown in
Alton Avenue Overcrossing at SR-55
Mitigation Monitoring Plan.
L-2
February July 2005
55C-14
Mitigation Monitoring and Reporting Program
Table 1. Information pertammg to compliance with mItIgation measures, or any necessary
modifications or refinements, will be documented in the comments portion of the matrix.
3. Until all mitigation measures have been completed, the City of Santa Ana, as the Lead Agency, is
responsible for ensuring that implementation of the mitigation measures occur is in accordance with
the program [see CEQA Guidelines Section 15097 (a)].
4. The MMRP is a public document to be made available to interested members of the public, interested
groups, and responsible agencies.
Alton Avenue Overcrossing at SR-55
Mitigation Monitoring Plan.
L-3
February July 2005
55C-15
State Clearinghouse
No.1997071010
ALTON AVENUE
OVERCROSSING AT SR-55
Draft
Findings of Fact
and
Mitigation Monitoring Reporting Program
Submitted Pursuant To:
California Environmental Quality Act (Division 13, Public Resources Code)
12-0RA-55 KP 11.21/13.44
PM R6.97/R8.35
EA 12209-005500
Prepared for:
State of California Department of Transportation
U.S. Department of Transportation Federal Highway Administration
City of Santa Ana
~~tltB
City of Irvine
Prepared by:
Parsons Brinckerhoff Quade & Douglas
April July 2005
55C-17
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
TABLE OF CONTENTS
Section
Pa2;e
1.0 Introduction ............................................................................................ .................... .................... 1
2.0 Project Description ................................ ............................... .................................. ....................... 2
3.0 CEQA Preparation and Processing ............... ....... ................ ......... .... ..... ........... ........... ................... 3
4.0 Record of Proceedings ......................................................................................... ............. ......... ..... 4
5.0 Findings of Fact ............................................................................................................................. 5
6.0 Mitigation Monitoring and Reporting Program ............................................................................. 7
7.0 Significant Effects, Mitigation Measures, and Findings ............................................................... 8
8.0 Findings Regarding Project Alternatives .... ........... ..... ........... ......... ............... ..... ................ ..... .....31
9.0 Statement of Overriding Considerations ..... ...... ........... ..... ............ ...... .... ...... ........ ......... ...............33
10.0 Independent Review and Analysis ... ....... .......... ............ ...... ..... ............ ..... ...... ........... ....... ......... ....34
11.0 Acronyms ................................................................................................... .............. ......................35
APPENDIX A: Mitigation Monitoring and Reporting Program (MMRP)
Alton Avenue Overcrossing at SR-55
K-i
April July 2005
55C-18
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
1.0 INTRODUCTION
The Cities of Santa Ana and Irvine , in cooperation with the California Department of
Transportation (Caltrans) and the Federal Highway Administration (FHW A), propose to build an
overcrossing structure over the Costa Mesa State Route 55 (SR-55) Freeway between the eastern
terminus of Alton Avenue in the City of Santa Ana and the western terminus of Alton Parkway in
Irvine, Orange County. The proposed project includes SR-55 from 0.1 kilometer (0.06 mile)
north of MacArthur Boulevard to 0.1 kilometer (0.06 mile) south of Warner Avenue and Alton
Avenue from Main Street (City of Santa Ana) to 0.1 kilometer east of Red Hill Avenue (City of
Irvine). The City of Santa Ana is the project proponent and the Lead Agency with the primary
responsibility for preparing and certifying the California Environmental Quality Act (CEQA)
compliance documents. The lead agency for the environmental analysis for the proposed project
under the National Environmental Policy Act (NEP A) is the Federal Highway Administration
(FHW A). The California Department of Transportation (Caltrans) acts as a liaison on behalf of
FHW A.
In accordance with Section 15150 of the State CEQA Guidelines, the certified Final
Environmental Impact Report/Environmental Assessment (FEIR/EA) is incorporated by
reference. The Final EIR/EA comprises the Draft EIR/EA (September 2003), letters received
commenting on the Draft EIR/EA, and the Response to Comments (May 2004).
Alton Avenue Overcrossing at SR-55
K-l
April July 2005
55C-19
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
2.0 PROJECT DESCRIPTION
The proposed action would include the construction of an overcrossing on Alton
Avenue/Parkway with high-occupancy vehicle (HaY) direct access drop ramps over connecting
to SR-55, addition of a signalized intersection with the HaY ramps, widening the SR-55 to
accommodate median ramps, widening Alton Avenue, relocating an existing drainage channel,
relocating two sections of Pullman Avenue, widening the Dyer Road undercrossing structure,
and modifying existing ramps at MacArthur Boulevard and Dyer Road to connect with the
widened freeway. Overcrossing improvements are within the existing Caltrans right-of-way and
the Cities of Santa Ana and Irvine. Some property acquisitions would be needed to widen Alton
Avenue to accommodate two travel lanes in each direction, dedicated left turn lane, and
sidewalks. The proposed improvements would conform to Caltrans design standards but would
require some design exceptions for non-standard features. The project has been assigned the
Project Development Processing Category 3 because it would provide a new freeway connection
and would require widening of the freeway.
The total estimated construction cost for the proposed build alternative is $83.4 million dollars.
The proj ect would receive funding from the City of Santa Ana, the City of Irvine, and the Orange
County Transportation Authority (aCTA). This project is programmed for funding in the 2002
State Transportation Improvement Program (STIP), the Final 2002 Regional Transportation
Improvement Program (RTIP FY 2004/2005-2009/2010), and the approved Capital Improvement
Programs for the Cities of Santa Ana and Irvine.
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
3.0 CEQA PREPARATION AND PROCESSING
As required under CEQA, a Notice of Preparation (NOP) with the Initial Study Checklist were
mailed on June 30, 1997 to elected officials and local, state, and federal agencies having
jurisdiction or discretionary approval within the project corridor. The NOP indicated that the
proposed project could potentially cause environmental impacts (e.q. land use, geology, water,
air quality, transportation/circulation, energy, mineral resources, hazardous waste, noise, public
services, and utilities impacts), and that these potential impacts would be analyzed in the
DEIRJEA prepared for the project. The NOP is included as Appendix F of the Draft EIRJEA.
The 30-day review period for the NOP ended on July 30, 1997. During this review period,
comments and input were solicited from state and local government agencies, which would affect
or be affected by the proposed project modifications, as well as from private organizations and
individuals that may have an interest in the project.
The written comments received during the review period for the NOP are contained in Appendix
G of the Draft EIRJEA. The City of Santa Ana considered the information in the NOP, along
with all comments made in the response to the NOP, in preparing the Draft EIRJEA.
On February 2, 2004, the City of Santa issued the Draft EIRJEA for public review for a period of
45 days ending on March 17, 2004. The Notice of Availability was published in the Orange
County Register (February 4,2004) and in the Irvine World News (February 5,2004). This legal
notice announced the release of the Draft EIRJEA, described the proposed project modifications,
identified where the Draft EIRJEA was available for review, and stated the period for submittal
of comments on the contents of the Draft EIRJEA. In addition, copies of the Draft EIRJEA were
also made available for public review at the Santa Ana Public Library (26 Civic Center Plaza,
Santa Ana, California, 92701), Irvine Public Works Department (1 Civic Center Plaza, 2nd floor,
Irvine, California, 92623-9575), Irvine Heritage Park Regional Library (14361 Yale Avenue,
Irvine, California, 92604), and Caltrans District 12 Office (3347 Michelson Drive, Suite 100,
Irvine, California, 92612-1692). The City of Santa Ana distributed approximately 24 copies of
the Draft EIRJEA to responsible agencies, trustee agencies, affected public agencies, nearby
property owners and residents, and other interested public groups. The City of Santa Ana
received seven letters commenting on the Draft EIRJEA. In May 2004, the City of Santa Ana
completed the Final EIRJEA for the proposed project, and prepared the Response to Comments
document for comments received on the Draft EIRJEA. It is intended that the City of Santa Ana
City Council would consider the Final EIRJEA at its regularly scheduled City Council meeting.
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
4.0 RECORD OF PROCEEDINGS
For purposes ofCEQA and the findings set forth herein, the record of proceedings for the City of
Santa Ana's decision on the proposed project modifications consists ofthe following documents:
· The NOP prepared for the proposed project modifications;
· All public notices issued in conjunction with the proposed project modifications;
· The Draft EIR/EA (September 2003);
· All comments submitted by agencies or members of the public during the 45-day public
comment period on the Draft EIR/EA;
· The Mitigation Monitoring and Reporting Program for the project;
· All findings and resolutions adopted by the City in connection with the proposed project
and all documents cited or referred to therein;
· The certified Final EIR/EA for the proposed project;
· All reports, studies, memoranda, maps, and other planning documents relating to the
proposed project prepared by the City of Santa Ana, the City's consultants, or
responsible or trustee agencies with respect to the City's compliance with the
requirements ofCEQA, and with respect to City's action on the proposed project;
· All documents submitted to the City by agencies or members of the public in connection
with the proposed project;
· Matters of common knowledge to the City, including, but not limited to federal, state,
and local laws and regulations.
The custodian of the documents comprising the record of proceedings is the City of Santa
Ana (Santa Ana Public Works Agency, 20 Civic Center Plaza, Santa Ana, California,
92701).
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5.0 FINDINGS OF FACT
These Findings cite substantial evidence in the record in support of each of these findings and
present an explanation to supply the logical step between the finding and the facts in the record.
(State CEQA Guidelines, S 15091.)
Under CEQA, for each significant environmental effect identified in an EIR for a proposed
project, the approving agency must issue a written finding reaching one or more of three
allowable conclusions:
· "[c]hanges or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR." (State CEQA Guidelines, S 15091, subd. [a][1].)
· "[s]uch changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted
by such other agency or can and should be adopted by such other agency." (State CEQA
Guidelines, S 15091, subd. [a] [2].)
· "[s]pecific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR." (State CEQA
Guidelines, S 15091, subd. [a][3].)
CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to
avoid or substantially reduce significant environmental impacts that would otherwise occur.
Project modification or alternatives are not required, however, where they are infeasible or where
the responsibility for modifying the project lies with some other agency (State CEQA Guidelines,
S 15091, subd. [a] [3][c]). Public Resources Code Section 21061.1 defines "feasible" to mean
"capable of being accomplished in a successful manner within a reasonable period oftime, taking
into account economic, environmental, social, and technological factors." State CEQA
Guidelines Section 15364 adds another factor: "legal" considerations (see also Citizens of Goleta
Valley v. Board of Supervisors ["Goleta 11"J [1990] 52 Cal.3d 553,565 [276 Cal. Rptr. 410]).
The State CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are used.
Public Resources Code Section 21081, on which State CEQA Guidelines Section 15091 is based,
uses the term "mitigate" rather than "substantially lessen." The State CEQA Guidelines therefore
equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is
consistent with the policies underlying CEQA, which include the policy that "public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen the significant environmental effects of
such projects." (Public Resources Code, S 21002).
For purposes of these Findings, the term "avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise potentially significant effect to a less-than-significant
level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or
measures to substantially reduce the severity of a significant effect, but not to reduce that effect
to a level that is less than significant.
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Draft Findings o/Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Although the State CEQA Guidelines Section 15091 requires only that approving agencies
specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these
findings, for purposes of clarity, in each case will specify whether the effect in question has been
reduced to a level that is less than significant, or has simply been substantially lessened but
remains significant.
This document presents the City's findings as required by CEQA, cites substantial evidence in
the record in support of each of these findings, and presents an explanation to supply the logical
step between the finding and the facts in the record (State CEQA Guidelines, Section 15091).
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
6.0 MITIGATION MONITORING AND REPORTING PROGRAM
A Mitigation Monitoring and Reporting Program (MMRP) will need to be adopted by the City of
Santa Ana pursuant to the CEQA Guidelines (refer to Public Resources Code, S 21081.6). The
MMRP will be used to track compliance with project mitigation measures. This MMRP is fully
described and includes the complete list of measures to be implemented in Appendix AL of the
Final EIRIEA.
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
7.0 SIGNIFICANT EFFECTS, MITIGATION MEASURES, AND FINDINGS
The Draft EIRIEA identified ten environmental categories that may result in significant or
potentially significant environmental impacts. All of these significant impacts can be avoided
through the adoption of feasible mitigation measures.
This section presents in greater detail the City's Findings with respect to the significant and
potentially significant environmental effects of the proposed project. It also summarizes the
evidence relied upon by the City in making these findings. This evidence is drawn from the
Notice of Preparation, the Final EIRIEA, the comments and responses to comments on the Draft
EIRIEA, and other evidence presented to the City, including all other information in the
administrative record.
7.1 GEOLOGY, SOILS, SEISMICITY
Potentially Significant Effects
Permanent Impacts
. The proposed project area is subject to groundshaking from fault activity. Ground
motion could result in structural damage and potential traffic delays. Fault activity is
not considered to be a major constraint to roadway construction in the region.
. Possible consequences to roadway features from soil liquefaction are settlement and
spreading of embankments and cracking of the pavement and structure surface.
. Subsidence, a general lowering of the ground surface, has occurred within various parts
of Santa Ana. This is generally attributed to a lowering of groundwater levels.
Groundwater extraction is regulated by the Orange County Water District to ensure that
groundwater resources are not depleted or that levels are not substantially lowered to
cause land subsidence. The proposed improvements would not be exposed to
substantial impacts from subsidence of the land due to groundwater extraction.
. Soils with a moderate to high expansion potential are found in and near the project area.
The use of highly expansive soils would be unsuitable for use as backfill material
around roadway and freeway structures, as it can result in uplift or result in cracking of
the foundation or other rigid structures.
· Implementation of the Preferred Alternative would result in an increase in impermeable
surfaces in the form of additional street paving and expanded freeway structures. This
increase in paved surfaces has the potential to increase the volume of water runoff
possibly resulting in erosion of adjacent soil surfaces.
Temporary Impacts (Construction)
· Grading activities may result in earth surfaces being exposed to erosive forces.
· Temporary structures used during construction have the potential to be affected by
seismic events.
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Mitigation: Identified potential impacts are anticipated to be less than significant with the
following measures, which are considered standard industry practices.
Seismic
.
Detailed geotechnical studies will be performed in conjunction with detailed
engineering designs to provide appropriate boring, soil, and fault information.
Hinged restrainers will be used to hold together overcrossing elements during extreme
motion.
Reinforcement in column sections will be increased to assure effective confinement of
concrete, allowing large movements to occur without collapse.
.
.
Liquefaction
. Piles will be used under the overcrossing.
. Tensile reinforcement will be used in embankments.
Expansive Soils
. In construction areas where soils are highly expanSIve, compaction of the highly
expansive soils will occur prior to construction.
Erosion
. Any fills placed near the Orange County Flood Control District (OCFCD) open
trapezoidal channel (Lane Channel), will be suitably protected against erosion,
including culverts to pass the flow uninterrupted.
· Excavated materials will not be deposited or stored in or alongside Lane Channel where
materials can be washed away by high water or storm runoff.
· Permanent erosion control measures, such as hydroseeding, landscaping, and riprap
protection, will be implemented and included on approved construction plans.
. Any off- or on-site drainage facilities affected by the proposed project will be designed
to comply with City of Santa Ana, City of Irvine, and Caltrans design standards.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIRIEA (Subd. [a][3].)
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Rationale: Implementation of these standard industry practices will reduce impacts related to
seismic activity, liquefaction, expansive soils, and erosion to levels less than significant by
ensuring that all construction incorporate Best Management Practices for erosion control and
current Caltrans seismic design criteria. Standard industry practices also address liquefaction
and expansive soils issues. No other mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Geology, Soils, and
Seismicity are included in Section 4.1 of the FEIR/EA prepared for the Alton Avenue
Overcrossing at SR-55.
7.2 HYDROLOGY, WATER QUALITY, STORMW ATER RUNOFF
Potentially Significant Effects
Permanent Impacts
. The receiving waters are presently subject to direct runoff from the existing highway, land
immediately adjacent to the highway, and adjacent residential, commercial, and industrial
urbanization. The proposed project is approximately 1,700 meters (5,577 feet) long, with an
average increase in pavement width of approximately 28.0 meters (92 feet), and an increase
in impervious area of 4.78 hectares (11.8 acres). The Preferred Alternative would increase
the rate and volume of runoff slightly. The rate and amount of any dissolvable and
suspended materials would increase slightly. The increased rate of runoff and volume of
runoff would be due to the increase in impervious surfaces. The overall watershed would
not change as a result ofthe project.
· Construction of the HOV direct-access drop ramps, with the associated widening of SR-55
to accommodate the median ramps, would require the modification of the OCFCD Lane
Channel. Modifications would include replacing the channel with an enclosed box culvert
that would cross under the freeway to the east side of SR-55 where it would head south,
running parallel to the freeway under Pullman Street. The box culvert west of SR-55 would
be 10 feet high by 13 feet wide and east of SR-55 the box culvert would be shorter and
wider, 7 feet high and 12 feet wide, in order to accommodate the existing profile of Pullman
Street (double box culvert). These modifications would affect approximately 1,310 square
meters (2.36 acres).
Implementation of the Preferred Alternative would not significantly increase storm water
runoff volumes carried by Lane Channel and velocities of storm runoff after the project
would not vary significantly from the pre-project conditions. All new storm drain
improvements would be protected from any erosive velocities.
Temporary Impacts (Construction)
· Lane Channel would be relocated to cross under SR-55 just south of Dyer Road and
continue parallel to the freeway, under Pullman Street.
· During construction, the activities related to the Lane Channel relocation may have an
impact on the receiving waters. The potential impacts to receiving waters would be
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Draft Findings a/Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
primarily sediment transport and local erosion. Additional impacts may be waste products
of the construction process and contamination from the use and storage of mechanical
equipment.
. The shallowest water table in the project area is 1.8 to 2.4 meters (six to eight feet) deep.
The majority of the planned construction activities for the project would occur above the
water table. Where groundwater may be encountered, such as for drainage facilities and
piles, standard construction practices would include identification of specific groundwater
depth and the use of such methods as sealed courses, and similar methods, where necessary.
Mitigation: Because modification and realignment of the OCFCD Lane Channel would not take
place within the active flood control channel, any potential impacts to receiving waters would be
avoided. The relocated Lane Channel would be constructed per current standards of the OCFCD
and designed to convey 100-year discharges. The City shall implement the following mitigation
measures:
HYD-l
Mitigation of the water pollution impacts of construction activities will be primarily
addressed in the Storm Water Pollution Prevention Program (SWPPP) prepared for
the project. The SWPPP shall be implemented at the appropriate level to protect
water quality at all times throughout construction. Non-stormwater Best
Management Practices (BMPs) must be implemented year round. The contractor
shall incorporate into the SWPPP the necessary critical temporary, permanent, and
post-construction control measures appropriate for the project.
HYD-2
In order to meet the requirements of the Countywide Drainage Area Management
Plan, the following notes will be incorporated into the construction plan sheets.
· Construction sites shall be maintained in such a condition that an unanticipated
storm does not carry wastes or pollutants off the site.
· Such "discharges" of material other than storm water are allowed only when
necessary for performance and completion of construction practices anywhere
they do not: cause or contribute to a violation of any water quality standard;
cause or threaten to cause pollution contamination, or nuisance; or contain a
hazardous substance in a quantity reportable under Federal Regulations 40 CFR
Parts 117 and 302.
· Materials which may have effects of pollution include but are not limited to:
solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes,
pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint
flakes or stucco fragments; fuels, oils, lubricants and hydraulic, radiator or
battery fluids; fertilizers, vehicle/equipment wash water and concrete wash
water; concrete, detergent or floatable wastes; wastes from any
engine/equipment steam cleaning or chemical degreasing; and super-chlorinated
potable water line flushings. During construction, disposal of such materials
shall occur in a specified and controlled temporary area on site, physically
separated from potential storm water run-off, with ultimate disposal in
accordance with local, state and federal requirements.
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
. Dewatering of contaminated groundwater, or discharging of contaminated soils
via surface erosion is prohibited.
HYD-3
The City of Santa Ana and the City of Irvine have each agreed to maintain (clean)
the portion of the relocated channel lying within their respective jurisdictions, while
Caltrans would be responsible for structural maintenance of the section of the box
culvert located under the freeway.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][1].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. .Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIRIEA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce impacts to hydrology, water
quality, and stormwater runoff to levels less than significant by ensuring that design and
construction of the Preferred Alternative meet the requirements of the Countywide Drainage
Area Management Plan, that a SWPPP is prepared for the project, and that both stormwater and
non-stormwater BMPs are implemented. No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Hydrology, Water
Quality, and Stormwater Runoff are included in Section 4.2 of the FEIRIEA prepared for the
Alton Avenue Overcrossing at SR-55.
7.3 HAZARDOUS W ASTE/MA TERIALS
Potentially Significant Effects
Permanent Impacts
No permanent hazardous waste/materials impacts would occur associated with the operation of
the Preferred Alternative, as it is assumed that any hazardous waste/materials issues would be
remediated prior to construction.
Temporary Impacts (Construction)
The proposed project is not anticipated to pose a substantial risk of an explosion or the release of
hazardous substances in the event of an accident, or to otherwise adversely affect overall public
safety. Based on the analyses performed as part of the Initial Site Assessment (1999),
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Supplemental Initial Site Assessment (2003), and Phase II Environmental Site Assessment,
(2005) there are numerous facilities located adjacent to the proposed project that handle, use,
and/or store hazardous waste and/or materials. During construction, these facilities could
potentially expose the public and construction workers to hazardous waste/materials.
Acquisition Properties
Based on the Phase II Environmental Site Assessment (ESA, 2005) was performed by Leighton
Consulting, Inc. (Leighton Consulting) for all acquisition properties where there was a potential
for hazardous waste/materials as identified in the ISA (1999) and Supplemental ISA (2003), the
following sites have been identified as potential contaminant sources. The Phase II ESA
involved several activities such as: obtaining and analyzing soil and groundwater samples on
seven full acquisition sites (Sites No. 10, 11, 12, 13, 14, 15, and 17); reviewing a draft
preliminary Endangerment Assessment Report (Site No.9); conducting a site reconnaissance on
three partial acquisitions sites (Sites No. 44, 74, and 77); and reviewing a Phase I ESA for the
final partial acquisition site (Site No. 75) identified in Table 4.3-1. A synopsis of the most recent
hazardous waste/materials information for each of the sites and the hazardous waste concerns for
each site are also provided below. Arsenic was not found in the soil in excess of the expected
background concentration in any of the sites.
· Site No.9 - Santa Ana Plating, 411 East Alton Avenue, Santa Ana (Site No.9) - Full Take
According to the Phase II ESA (2005) prepared by Leighton Consulting, this site is subject to
Consent Order SRPDOll02 sns-4270 with the Environmental Protection Agency, Department
of Toxic Substance Control (DTSC). In lieu of site access, Leighton Consulting was allowed
to copy the draft Preliminary Endangerment Assessment (PEA) Report, which was prepared
in compliance with the consent order. According to the PEA, arsenic was detected in soil
samples, however concentrations were consistent with background concentrations. The
reported concentrations of arsenic, total chromium, molybdenum, nickel, selenium and
vanadium exceed their respective Tap Water Preliminary Remediation Goals (PRG) in one or
more of the groundwater samples. The PEA recommended several tasks to better identify the
source, potential off-site sources, and to evaluate potentially affected groundwater resources,
including development of a groundwater investigation work plan and performance of a soil
gas survey. DTSC may require the owner to implement a remedial action plan for soil and
groundwater at this location. This must be considered in negotiations to acquire this
property to avoid becoming a potentially responsible party and avoid any unwanted liability.
· Site No. 10 - Goodwin International, 3121 South Oak Street, Santa Ana; and Myers Forklift,
3126 South Kilson Drive, Santa Ana - Full Take
According to the Phase II ESA (2005), arsenic was detected in soil samples, however,
concentrations were consistent with background concentrations. Trichloroethylene (TCE)
was detected in groundwater samples collected by Leighton Consulting. The source of
contamination is undetermined.
· Site No. 17 - Magna Engineering, 3122 South Halladay Street, Santa Ana (Site No. 17) -
Full Take
During the Phase II ESA (Leighton Consulting, 2005), arsenic present in the soil was within
the expected background range for soils in the area. Arsenic and vanadium were detected at
concentrations greater than their Tap Water Preliminary Remediation Goals (PRG). The
source of groundwater contamination at this site was undetermined. If dewatering activities
are required at this site, proper disposal of groundwater is required.
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
. Site No. 44 - One Source Distributors, 1021 Duryea Avenue, Irvine - Partial Take
On November 17, 2004, Leighton Consulting conducted a site reconnaissance of the site
(Leighton Consulting, 2005). The usage/storage or hazardous materials and the presence of
underground storage tanks were not observed on the property. There was no indication
hazardous material impact to near-surface soils on the portion of the property to be acquired.
Groundwater beneath the site may have been impacted by migration of contaminants present
in the groundwater in the area. Any project excavation required on this site is expected to be
shallow and not expected to encounter groundwater.
· Site No. 74 - Arte International Furnishings, 17092 Pullman Street, Irvine - Partial Take
On November 17, 2004, Leighton Consulting conducted a site reconnaissance of Arte
International Furnishings located at 17092 Pullman Street (Leighton Consulting, 2005). The
present or past usage/storage of hazardous materials and underground storage tanks were not
observed on the property. There was no indication hazardous material impact to near-surface
soils on the portion of the property to be acquired. Several groundwater monitoring wells
were observed during the site reconnaissance in the right-of-way along Pullman Street in
front of the property site. Groundwater beneath the site may have been impacted by
migration of contaminants present in the groundwater in the area. Any project excavation
required on this site is expected to be shallow and not expected to encounter groundwater.
· Site No. 75 - 3M, 17132 Pullman Street, Irvine - Partial Take
On December 1, 2004, Leighton Consulting received a copy of the completed Phase I ESA
for 3M located at 17132 Pullman Street (Weston Solutions, Inc., 2004). According to the
Phase I ESA, underground storage tanks, vent pipes, dispenser pads, and groundwater wells
were not observed on site. The facility operates under 13 air permits for knitting
operations/coaters and a storm water discharge permit. Hazardous substances (coolants and
oils) are stored in 55-gallon drums in an outdoor covered and locked area. No violations
were found for this site. One release of approximately 30 gallons of hydraulic fluid into the
subsurface soils occurred in 1986, however, the spill and impacted soil was removed. A
Phase II ESA is being prepared for this site to assess soil and groundwater conditions based
on the historic use of chlorinated solvents at the facility between 1975 and 1994. Any
project excavation required on this site is expected to be shallow and not expected to
encounter groundwater.
· Site No. 77 - RicohlLanier Professional Services, 1062 McGaw Avenue, Irvine - Partial
Take
On September 30, 2004, Leighton Consulting conducted a site reconnaissance of the vacant
Ricoh building located at 1062 McGaw Avenue. The site was previously used to assemble
printers and toner cartridges. An aboveground propane storage tank that is no longer in use
is located in the rear of the building. A groundwater investigation conducted by Applied
Geosciences, Inc. in 1993 indicated groundwater contamination was present at the site.
Although the RWQCB has taken the position that the site may have been impacted by
discharges of chlorinated volatile organic compound (CVOC) contaminated groundwater
from the 17482 Pullman Street property, which is a non-acquisition property, any project
excavation required on this site is expected to be shallow and not expected to encounter
groundwater.
· Site No. 19 - ITT Cannon, 666 Dyer Road, Santa Ana - Non-Acquisition
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Although this site is not being partially or fully acquired by the proposed project, a
groundwater sampling report conducted by Arcadis G&M, Inc. (Arcadis, 2004) for this site
was reviewed due to the proximity of monitoring wells to the project location. Two of the
monitoring wells are within the proposed project right-of-way. Testing results showed that
concentrations of TCE and vinyl chloride exceeded the TCE and vinyl chloride Tap Water
PRG. Acetone, carbon disulfide, and Freon 113 were also detected in groundwater sampling.
Transportation Off-Site of Hazardous Waste/Materials
Hazardous waste/materials that could potentially be located along the proposed project site, such
as aerially-deposited lead (ADL), lead based paint (LBP), asbestos, traffic striping, contaminated
soil, and contaminated groundwater, would be either transported within the project site or
disposed off-site per applicable regulations. The presence of these materials can present a risk to
workers and may increase the cost for handling and disposing of construction debris. The
identification and quantification of materials to be transported (i.e., ADL, LBP, asbestos, traffic
striping, contaminated soil, and contaminated groundwater) will be identified, where possible, as
part of the appropriate evaluations that are included in Section 4.3.6 of the Final EIR/EA.
Mitigation: Phase II testing was performed after the public comment review period for the Draft
EIR/EA for the proposed project (Section 1.3). The following are the updated recommendations
resulting from the ISA (1999), Supplemental ISA (2003), and Phase II ESA (2005):
HAZ-1
HAZ-2
HAZ-3
During final design, the following information shall be developed:
. Final determination of which sites will be fully or partially acquired
. Determination of specific construction activities planned on or near each
potential contaminant source, including any utility work
. Development of site-specific hydrogeologic information, including geology and
groundwater depth and direction
. Additional in-depth review of agency records, and interviews with regulators and
property owners/occupants of potential contaminant sources identified as a
potential impact to the preferred alternative
Dewatering is not expected at any of the of the acqUlslt10n sites with potential
hazardous waste concern for the proposed project. However, if design details change
so that dewatering is required at the sites listed above and once dewatering
requirements have been determined, a study shall be undertaken to determine the
effects of dewatering on groundwater flow pattern. Once these effects have been
determined, the City shall determine if any liability is incurred as a result of the
altered groundwater flow pattern.
The City shall determine which monitoring wells located on Pullman Street, Duryea
Avenue, and McGaw Avenue are within the limits of proposed construction, whether
any monitoring wells can and/or should be relocated, and who is responsible for
relocation of the wells.
Alton Avenue Overcrossing at SR-55
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
HAZ-4
HAZ-5
HAZ-6
HAZ-7
HAZ-8
HAZ-9
Soil in unpaved areas next to the traffic lanes or shoulders shall be tested for ADL at
a very early stage of the design phase. If excess soils within the existing or proposed
right-of-way contains greater than 350 milligrams per kilogram (mg/kg) Aerially
Deposited Lead (ADL), then the soil is considered hazardous and must be disposed
at a Class I disposal site. An ADL investigation shall be conducted after the extent
of excavation has been established, which will occur during final design. Handling
of ADL contaminated soil shall comply with Caltrans ADL Variance number OO-H-
V AR-07, dated September 22,2000, and Caltrans Lead Contaminated Soil Variance
Modification, District 12, dated December 13,2002. An ADL investigation shall be
conducted after the extent of excavation has been established, which will occur
during final design. Other hazardous waste/materials that could potentially be
located along the proposed project site, such as lead based paint, asbestos, traffic
striping, contaminated soil, and contaminated groundwater, would be either
transported within the project site or disposed off-site per applicable regulations.
Prior to construction, a health and safety plan containing specific procedures for
encountering both expected and unexpected contaminants will be developed by a
certified industrial hygienist.
Prior to construction a health and safety plan, construction containment management
plan, and construction contingency plan shall be developed
Testing, removal, and transporting off-site of yellow striping shall be performed
prior to construction and shall follow Construction Program Procedure Bulletin 99-2
(CPB 99-2).
Prior to full or partial demolition any structures to be removed or resold as part of
the proposed project shall include testing for, and proper disposal (including
transporting off-site) of, any asbestos containing materials, lead based paint (LBP),
and/or the presence of residual hazardous materials resulting from their use within
the structure. The presence of these materials can present a risk to workers
demolishing the structure and may increase the cost for handling and disposing of
construction debris. Their presence could also be an issue if the structure is not
completely demolished and/or resold.
Observations should be made during any site work for the occurrence of possible
contamination, such as, but not limited to the presence of underground facilities,
buried debris, waste drums, tanks, and stained or odorous soils. Should any suspect
materials be discovered, the appropriate agencies will be contacted to determine if
any additional investigation may be warranted to assure the issues of exposure
protection and disposal are properly addressed. The appropriate agencies will be
contacted. If additional hazardous materials investigations are required, all
mitigation identified in those investigations will be implemented as prescribed.
All mitigation identified in the required additional hazardous materials investigations will be
implemented as prescribed in the studies.
With Mitigation the Effects are Found to be:
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. () Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce hazardous waste/materials
impacts to levels less than significant by ensuring that if the improvements proposed for this
project are recommended for implementation, follow-up hazardous material analysis be
performed during PS&E and prior to construction to identify impacts from the known and
unknown sources, and to prescribe specific mitigation to address these impacts. Thus, any
hazardous waste/materials issues would be remediated prior to construction. No further
mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Hazardous
Waste/Materials are included in Section 4.3 of the FEIR/EA prepared for the Alton Avenue
Overcrossing at SR-55.
7.4 AIR QUALITY
Potentially Significant Effects
Permanent Impacts - None
. No violations of the federal or state one- or eight-hour Carbon Monoxide (CO) standards are
predicted with the Preferred Alternative. In the Preferred Alternative Phase 1, CO levels are
predicted to slightly increase at both analysis sites. This increase is 0.5 parts per million
(ppm) or less for the eight-hour analysis period. In the Preferred Alternative Phase 2, CO
levels are lower as compared to CO levels predicted in Phase 1.
· There are no indications that the Preferred Alternative would contribute to a particulate
matter less than 10mm (PMIO) hot spot that would cause or contribute to the PMIO National
Ambient Air Quality Standards (NAAQS). This finding is based, in part, on the inclusion of
the project in Southern California Association of Governments' (SCAG's) 2002 RTIP,
which accounted for the regional PMIO State Implementation Plan (SIP) budget compliance.
It is also based on the PMIO concentrations recorded at California Air Resources Board's
(CARB's) Anaheim-Harbor Boulevard Monitoring Station, the closest monitoring station to
the study area, which did not violate the NAAQS for the three-year period from 1999
through 2001. There would be no unusual circumstances, such as high diesel truck
Alton Avenue Overcrossing at SR-55
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
percentages, changes in dispersal patterns, roadway sanding, or unpaved shoulders
preparation that would result in a localized PMIO exceedance.
. The project is not predicted to cause or contribute to a new violation of the State or Federal
Ambient Air Quality Standards. It is not predicted to increase the frequency or severity of
any existing violations of these standards. As part of the most recently approved 20024
RTIP the project does not conflict with adopted environmental plans or goals of the
community where it is located. The project is not expected to cause objectionable odors or
expose sensitive receptors to substantial amounts of air pollutants. As such, the project is
considered to not have a significant air quality impact as defined by CEQA.
Temporary Impacts (Construction)
. Construction activities would result in pollutant emissions over the entire course of the
construction period. Air pollutants would be emitted by construction equipment and dust
would be generated during grading and site preparation. At this phase of project planning,
very little information is available regarding the specifics of the project's construction. In
general, construction activities for large development projects are estimated by EP A to add
approximately 2.9 metric tons per hectare (1.2 tons of fugitive dust per acre) of soil
disturbed per month of activity. In some cases, grading activities may occur close to
existing development. Under such circumstances, care should be taken to minimize the
generation of dust. Particulate emissions would represent the largest construction impact
for the Alton Avenue Overcrossing project, and would be generated during the demolition
and grading activities. Common practice for minimizing dust generation is watering prior
to, and during, grading. With watering, dust generation would be reduced to half the
amount that would be generated without watering. Various types of construction emissions
would also be generated from construction equipment, construction-related vehicle travel,
construction-related energy consumption, and release of hydrocarbons from paints,
architectural applications, and asphalt operations.
Mitigation: Airborne asbestos impacts could occur with the demolition of existing structures
that contain asbestos.
AQ-1
An asbestos study of all structures slated for demolition will be conducted.
SCAQMD's Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities
will be followed for all relevant activities.
The City shall implement the following mitigation measures to mInImIZe the amount of
construction dust generated:
AQ-21
During pre-construction and site preparation of the subject site, the contractor shall
use the following measures to minimize dust:
. Minimize land disturbances
. Use watering trucks to minimize dust
. Cover trucks when hauling dirt
. Stabilize the surface of dirt piles, if not removed immediately
. Use windbreaks to prevent any accidental dust pollution
. Limit vehicular paths and stabilize temporary roads
· Pave construction roads and parking areas to road grade where roads and parking
areas exit the construction site
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
AQ-32
During construction, the contractor shall use the following measures to minimize
dust:
. Cover trucks when transferring materials
. Use dust suppressants on traveled paths that are not paved
. Minimize unnecessary vehicular and machinery activities
. Minimize dirt track-out by washing or cleaning trucks before they exit the
construction site
AQ-43
Post-construction, the contractor shall use the following measures to minimize dust:
. Revegetate any disturbed land not used
. Remove unused material
. Remove dirt piles
. Revegetate all vehicular paths created during construction to avoid future off-
road vehicular activities
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce air quality impacts to levels
less than significant by ensuring that short-term construction-related air pollution is minimized.
No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Air Quality are included
in Section 4.4 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55.
7.5 NOISE
Potentially Significant Effects
Permanent Impacts
Under the Preferred Alternative, the noise abatement criteria (NAC) would be exceeded at Sites
2 (Adagio Apartment Complex) and 3 (Single-Family Residence at 110 Alton Avenue). For Site
2, the existing noise level is 65 dBA, and the predicted noise level for year 2025 is 69 dBA under
Alton Avenue Overcrossing at SR-55
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
the No Build Alternative and under the Preferred Alternative. For Site 3, the existing noise level
is 62 dBA, and the predicted noise level for year 2025 is 67 dBA under the No Build Alternative
and under the Preferred Alternative.
Site 1 (Carriage Stop Motel) would not be substantially impacted. For Site 1, the existing noise
level is 59 dBA, and the predicted noise levels for year 2025 are 62 dBA under the No Build
Alternative and 62 dBA under the Preferred Alternative.
Where future noise levels exceed the applicable NAC, noise abatement must be considered for
reasonableness and feasibility, based on 23 CFR 772 and the Caltrans/FHW A Protocol.
According to this Protocol, the noise abatement must achieve a minimum of five dB of noise
reduction at the impacted receptor in order to be considered feasible. Other factors may also
affect feasibility, including topography, access requirements (driveways, ramps, etc.), local cross
streets, other noise sources, and safety considerations.
Noise abatement, in the form of a property line noise barrier, was evaluated for Site 2, the
Adagio Apartments and for Site 3, the single-family residence located at 110 Alton Avenue. A
noise barrier is not considered reasonable at Site 2 because it would block both vehicle and
pedestrian access to this property from Main Street. A property line noise barrier at Site 3 would
be feasible because it would provide at least a five-dB noise reduction.
Noise abatement, in the form of a property line noise barrier, was evaluated for Site 2, the
Adagio Apartments and for Site 3, the single-family residence located at 110 Alton Avenue. A
noise barrier is not considered reasonable at Site 2 because it would block both vehicle and
pedestrian access to this property from Main Street. A property line noise barrier at Site 3 would
be feasible because it would provide at least a five-dB noise reduction. The recommended noise
abatement for Site 3 is a noise barrier wall that would be located at the property line, and will be
2.4 m (8 ft) high and 22.8 m (75 ft) long.
Temporary Impacts (Construction)
. During the construction phases of the Alton Avenue Overcrossing project, noise from
construction activities may intermittently dominate the noise environment in the immediate
area of construction. Demolition and grading, which require removal of existing structures,
would result in the highest noise levels. Construction noise is regulated by Caltrans'
Standard Specifications Section 7-1.011, "Sound Control Requirements." These
requirements state that noise levels generated during construction shall comply with
applicable local, state, and federal regulations and that all equipment shall be fitted with
adequate mufflers according to the manufacturers' specifications. Because construction
activity would be conducted in accordance with Caltrans' standard specifications (and by
extension with local state and federal regulations), and because the noise would be short-
term, intermittent, and dominated by local traffic noise, no adverse noise impacts from
construction are anticipated.
Mitigation: The City shall implement the following mitigation measures:
NOI-1
All equipment shall have sound-control devices no less effective than those provided
on the original equipment. No equipment shall have an unmuffled exhaust.
NOI-2
As directed by Caltrans or the Cities of Santa Ana and Irvine, the contractor shall
implement appropriate additional noise mitigation measures, including, but not
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April July 2005
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
limited to, changing the location of stationary construction equipment, shutting off
idling equipment, rescheduling construction activity, notifying adjacent residents in
advance of construction work, or installing acoustic barriers around stationary
construction noise sources.
NOI-3
A noise barrier is recommended to be included in the project for Site 3 (as described
in the FEIR/EA) and will be subject to the property owner's concurrence.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][I].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce noise impacts to levels less
than significant by ensuring minimization of short-term construction-related noise and
implementation of a noise wall barrier at Site 3. No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Noise are included in
Section of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55.
7.6 BIOLOGICAL RESOURCES
Potentially Significant Effects
Permanent Impacts - None
Temporary Impacts (Construction)
. Construction activities associated with the Preferred Alternative may promote the spread of
invasive plant species. Equipment operating within the study area where invasive species are
already present would likely spread the species to other areas where construction would
occur, or to areas where the equipment would be cleaned.
Mitigation: The City shall implement the following mitigation measures prior to and during
construction:
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
BIO-1
BIO-2
BIO-3
BIO-4
Invasive weeds shall be removed from the project area under the supervision of a
botanist qualified in the identification of invasive species.
Pursuant to Executive Order 13112 on invasive species, "Mitigation or eradication
measures may include but would not be limited to: cleaning of equipment to prevent
spread of weeds; use of weed-free hay bales for erosion control; prompt revegetation
of exposed soils; and use of native plant materials in new plantings that will resist
introduction or spread of noxious weeds."
Invasive weed removal shall be conducted prior to seed set (as determined by
monthly spring surveys by a qualified botanist) to minimize the spread of invasive
weed seeds in the project area. If it is not possible to remove weeds prior to seed set,
measures to minimize the release of invasive weed seeds during weed removal (e.g.,
manual weed removal while placing weeds in plastic bags) shall be used. If
necessary for erosion-control, only weed-free haybales shall be used.
Mitigation for ACOE Waters of the US shall occur at a mitigation ratio of 1: 1 be
coordinated with ACOE. Mitigation for CDFG jurisdictional waters shall occur at a
mitigation ratio of 1: 1.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce impacts to biological
resources, particularly regarding invasive species, to levels less than significant by ensuring that
all activities prior and during construction do not promote spreading of invasive species. No
further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Biological Resources
are included in Section 4.7 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-
55.
7.7 FLOODPLAIN
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Potentially Significant Effects
Permanent Impacts
Implementation of the Preferred Alternative would require the modification of the OCFCD Lane
Channel. Modifications would include replacing the channel with an enclosed box culvert that
would cross under the freeway to the east side of SR-55 where it would head south, running
parallel to the freeway under Pullman Street (Refer to Figure 3.2-5, Sheets 1 through 4). The box
culvert west of SR-55 would be 10 feet high by 13 feet wide and east of SR-55 the box culvert
would be shorter and wider, 7 feet high and 12 feet wide, in order to accommodate the existing
profile of Pullman Street (double box culvert). The OCFCD Lane Channel is fully concrete-
lined within the project study area and does not represent a naturalized waterway. The relocated
Lane Channel will be designed and constructed to current standards of the OCFCD. The Lane
Channel does not support any adjacent wetlands, sensitive biological or vegetative species or
habitats or other natural or beneficial floodplain values. The proposed project would not
significantly impact the 100-year floodplain.
Temporary Impacts (Construction)
Modifications to the Lane Channel would be designed to OCFCD standards which would
accommodate the 100-year floodplain. The proposed modification of the Lane Channel would be
phased so that the flows within the channel are not impeded.
Mitigation: The City shall implement the following mitigation measures prior to and during
construction:
FLD-1
The proposed modification of the Lane Channel would be phased so that the flows
within the channel are not impeded.
FLD-2
A Letter of Map Revision (LOMR) from FEMA is required in accordance with
Executive Order 11988 Floodplain Management, and will be obtained during final
design.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Alton Avenue Overcrossing at SR-55
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Rationale: Implementation of these mlt1gation measures will reduce impacts to biological
resources, particularly regarding invasive species, to levels less than significant by ensuring that
all activities prior and during construction do not promote spreading of invasive species. No
further mitigation is required.
Reference: The discussion on setting, impacts, and mlt1gation related to Floodplains are
included in Section 4.8 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55.
7.8 PARKING
Potentially Significant Effects
Permanent Impacts
. On-Street Parking: All on-street parking would be precluded on Alton Avenue due to
improvements associated with the Preferred Alternative. The loss of on-street parking
would not be mitigated as there are no requirements for the City of Santa Ana to either
replace on-street parking or to compensate businesses that currently use on-street parking
for either employee or patron parking (P&D Environmental Services, 1994).
. On-Site Parking: Loss of on-site parking can affect the viability of a business. If
implementation of the project results in a business having less parking than is required by
code, that parking would have to be replaced either on-site or on an adjacent parcel. If
replacement parking cannot be found, the responsible City would have to provide a parking
variance, or the business/parcel would have to be acquired. Refer to Table 7.7-1 for on-site
parking acquisitions.
. Equitable Garry Plaza (1700 E. Garry, Irvine): Equitable Garry Plaza would lose 36
parking spaces as a result of the freeway widening necessary to accommodate the HOV
drop ramps from Alton Avenue. There are approximately 350 parking spaces available
and the parking code requires that there be 307 spaces. With the loss of the 36 parking
spaces (approximately 10 percent of the existing parking), there would still remain 314
spaces, which would be sufficient to meet code requirements. No replacement parking
would be necessary or provided for this loss.
· One Source Distributors (1021 Duryea, Irvine): One Source Distributors has
approximately 43 parking spaces on site. However, approximately two-thirds of those
spaces are fenced and being used for storage. Of the total on-site parking spaces, half
would be taken by implementation of the freeway widening portion of the project,
leaving 22 spaces. Code requires 21 parking spaces for the business. No replacement
parking would be necessary or provided for this loss.
· Amberwood Office Park (2933-2953 S. Pullman, Irvine): Amberwood Office Park has
approximately 300 parking spaces. Approximately 8 parking spaces would be taken
under the Preferred Alternative, which corresponds to a loss of 3 percent of existing
parking, which would be sufficient to meet code requirements. No replacement parking
would be necessary or provided for this loss.
Alton Avenue Overcrossing at SR-55
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
. 3M (17132 Pullman, Irvine): 3M has approximately 75 parking spaces. Approximately
5 parking spaces would be taken under the Preferred Alternative, which corresponds to
a loss of 7 percent of existing parking. No replacement parking would be necessary or
provided for this loss.
. BNe Mortgage (1063 McGaw, Irvine): BNC Mortgage has approximately 130 parking
spaces. Approximately 8 parking spaces would be taken under the Preferred
Alternative, which corresponds to a loss of 6 percent of existing parking. No
replacement parking would be necessary or provided for this loss.
Mitigation: Three parcels would lose less than 10 percent of their existing on-site parking.
Only two parcels would lose 10 percent or more of their existing on-site parking. However, no
mitigation is required for these two parcels because the remaining parking spaces are sufficient
to meet the code requirements for on-site parking. If necessary, the City shall implement the
following on-site parking mitigation measure:
PAR-1
When necessary, other affected businesses that would lose either landscaping or less
than 10 percent of their on-site parking will require a variance by the City of Irvine.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce parking impacts, if any, to
levels less than significant by ensuring that the City of Irvine issues a parking variance to
affected businesses other than the ones evaluated in the FEIR/EA that would lose either
landscaping or less than 10 percent of their on-site parking. No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Parking are included in
Section 4.12 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55.
7.9 TRAFFIC TRANSPORTATION/PEDESTRIAN AND BICYCLE FACILITIES
Potentially Significant Effects
Alton Avenue Overcrossing at SR-55
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Permanent Impacts
. The evaluation of project impacts identified four intersections that operate at a worse level
of service (LOS) under the Preferred Alternative, as compared to the No Build Alternative
(volume/capacity [Vie] ratios would be higher for the Preferred Alternative than for the No
Build Alternative). These intersections would operate at unacceptable LOS (E or F) under
the Preferred Alternative. These intersections are Dyer Road/Main Street, Halladay
Street/Dyer Road, Halladay Street/Alton Avenue, and Red Hill Avenue/Alton
Parkway. Transit Impacts: Construction ofthe Alton Avenue overcrossing would provide an
opportunity for new or rerouted bus service between Santa Ana and Irvine. Such rerouting
would result in better service for transit passengers and more efficient transit operations due
to the additional link between Santa Ana and Irvine. Construction of the overcrossing and
HOV ramps is also expected to result in additional regional express bus service. This transit
route would service South Coast Metro, MacArthur Place, and the Irvine Business Complex
(IDC) employment centers. The existence of exclusive HOV ramps would improve transit
accessibility to Alton Avenue/Parkway; without the project, buses would use Dyer Road,
MacArthur Boulevard, or Sunflower Avenue (east ofSR-55).
· Bicycle and Pedestrian Impacts: Construction of the Preferred Alternative would generally
improve opportunities for bicycle and pedestrian circulation by providing a new location for
bicycle and pedestrian crossing of the SR-55. Plans for the overcrossing include painted
Class I bicycle lanes and sidewalks adjacent to the roadway east of SR-55.
Temporary Impacts (Construction)
· Construction activities at SR-55 and on Alton Avenue and Alton Parkway would
temporarily affect traffic on these streets and surrounding local streets. Traffic circulation
would be temporarily disrupted by trucks and heavy machinery during construction.
Construction in Santa Ana along Alton Avenue would result in temporary detours due to the
proposed widening of the arterial. Only a small portion of Alton Parkway in Irvine would
be affected by construction activities, resulting in temporary detours. Bus routes in the
project area may be temporarily affected by construction activities. Temporary detours may
be necessary during construction on both Alton Parkway and Alton Avenue.
Mitigation: Traffic mitigation measures are identified for intersections that would experience
more congestion because of the project. These mitigation measures will increase capacity at the
intersections so that the LOS can be improved to a level at which the project would not create a
significant adverse impact. Because the LOS analysis is a capacity-based analysis, the mitigation
measures involve physical improvements that enhance intersection capacity. These
improvements include intersection approach widening to accommodate additional turn and
through lanes.
Implementation of the Preferred Alternative with mitigation measures would improve or maintain
the same LOS for intersections that would have unacceptable LOS under the No Build
Alternative. Under the No Build Alternative, the intersections that would have unacceptable
LOS are;
· Dyer Road/Main Street: LOS E (AM) and F (PM)
· Halladay Street/Dyer Road: LOS F (AM)
· Red Hill Avenue/Alton Parkway: LOS F (PM)
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Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Under the Build Alternative with mitigation measures, these intersections would have the
following LOS:
. Dyer Road/Main Street: LOS E (AM) and E (PM)
. Halladay Street/Dyer Road: LOS E (AM)
. Red Hill Avenue/Alton Parkway: LOS E (PM)
In addition to the traffic mitigation measures identified below, the City will develop a Traffic
Management Plan prior to construction in order to permit the greatest access to parcels in the
affected area and the least disruption of traffic. Access to all businesses that are not being
displaced would be maintained during business and delivery hours.
The City shall implement the following mitigation measures:
TRA-1 Intersection Of Dyer Road And Main Street
. Phase 1 Mitigation: Main Street shall be restriped to provide an additional left-
turn lane on the northbound and southbound approaches to Dyer Road.
. Phase 2 Mitigation: Dyer Road shall be restriped to add a right-turn lane on the
westbound approach to Main Street.
TRA-2
TRA-3
Intersection Of Halladay Street And Dyer Road
. Phase 1 Mitigation: Halladay Street shall be restriped to provide an additional
left-turn lane on the northbound approach to Dyer Road, and right-turn lane
shall be added to Dyer Road on the eastbound approach to Halladay Street.
. Phase 2 Mitigation: No additional mitigation in Phase 2.
Intersection Of Halladay Street And Alton Avenue
. Phase 1 Mitigation: The intersection shall be signalized. Halladay Street shall
be widened to provide a total of two left-turn lanes and one right-turn lane on its
southbound approach to Alton Avenue.
. Phase 2 Mitigation: No additional mitigation in Phase 2.
Intersection Of Red Hill Avenue And Alton Parkway
. Phase 1 Mitigation: Alton Parkway shall be restriped to convert the right-turn
lane into a through/right-turn lane on the westbound approach to Red Hill
Avenue.
. Phase 2 Mitigation: No additional mitigation in Phase 2.
The proposed project would be implemented in two phases. The overcrossing would be
constructed in the initial phase of construction, along with the improvement of Alton Avenue to
secondary arterial standards to address the current deficiencies in local circulation. The freeway
widening and the HOV direct-access drop ramps could be added as a second phase of
construction. The relocation of two sections of Pullman Street, the widening of Dyer Road
undercrossing, modification of the MacArthur Boulevard ramps, and relocation of the Lane
Channel would also occur in the second phase. Because the project is proposed to be constructed
in two phases, the mitigation will also be implemented in phases, corresponding to the impacts
caused by the construction included in each phase.
TRA-4
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Alton Avenue Overcrossing at SR-55
K-27
April July 2005
55C-45
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a] [2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce impacts to traffic to levels
less than significant. Although the implementation of the Preferred Alternative with mitigation
measures would not improve LOS to acceptable levels at Dyer Road/Main Street, Halladay
Street/Dyer Road, and Red Hill Avenue/Alton Parkway, the deterioration of LOS at these
intersections would not be caused by the proposed project. The traffic analysis described in
Section 4.13 of the FEIR/EA shows that, without the project, LOS would also be unacceptable at
these intersections. The Preferred Alternative would either improve or maintain LOS at these
intersections. No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Traffic and
Transportation/Pedestrian and Bicycle Facilities are included in Section 4.13 of the FEIR/EA
prepared for the Alton Avenue Overcrossing at SR-55.
7.10 VISUAL/AESTHETICS
Potentially Significant Effects
Permanent Impacts
· East of SR-55 on Alton Parkway, removal of vegetation within the existing Alton right-of-
way would decrease the visual unity of views of SR-55.
· On Alton Avenue, west of SR-55, views would improve in newly constructed areas as a
result of increased setbacks and uniform landscaping.
· Views within the area would also improve with removal of on-street parking.
· Views from SR-55 would improve slightly through the introduction of the overcrossing
structure as a unifying element and use of a consistent plant palette to solidify the
improvements.
Temporary Impacts (Construction)
· Temporary construction impacts would include views of construction staging areas,
demolition and grading activities resulting in loss of vegetation and/or existing structures,
falsework associated with the overcrossing, and framework associated with retaining walls
included as part of the proposed improvements.
Alton Avenue Overcrossing at SR-55
K-28
April July 2005
55C-46
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Mitigation: The elements of the proposed proj ect will utilize types of aesthetic treatment which
are similar to the immediate project vicinity in order to promote the continuation of aesthetics
along the SR-55 corridor. The City shall implement the following mitigation measures in order
to reduce visual impacts and improve visual quality:
VIS-1
VIS-2
VIS-3
East of SR-55, revegetation and landscaping of remaining setback areas shall be
implemented as mitigation to restore visual quality. Mitigation shall include planting
vegetation on slopes adjacent to the overcrossing structure to blend in the structure
and increase visual unity. The implementation of this mitigation would restore the
moderately high visual quality of this urban industrial area.
As much as possible, existing landscaping within the state right-of-way shall be
preserved.
West of SR-55, areas affected by right-of-way acquisition shall be reconstructed to
include newly landscaped setbacks. These modifications would increase visual unity
in these areas, beneficially affecting the visual quality of the street. It is
recommended that similar landscape pallets for individually owned and maintained
setbacks be incorporated to improve the quality of the streetscape. Similar sizes,
colors, and textures of vegetation should be used in similar patterns to promote
visual unity.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which
avoid the significant environmental effect. (Subd. [a][l].)
2. () Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. () Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Rationale: Implementation of these mitigation measures will reduce impacts to visual and
aesthetic resources to levels less than significant by ensuring that construction of the
overcrossing be accompanied by implementation of landscaping; therefore improving the visual
quality and unity of the proposed project area. No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Visual/Aesthetic
Resources are included in Section 4.14 of the FEIR/EA prepared for the Alton Avenue
Overcrossing at SR-55.
Alton Avenue Overcrossing at SR-55
K-29
April July 2005
55C-47
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
7.11 CULTURAL RESOURCES
Potentially Significant Effects
Permanent Impacts
. There were no archaeological, historic or cultural resources found within the Area of
Potential Effects (APE) that were eligible for listing in the National Register of Historic
Places (NRHP) or the California Inventory of Historic Resources, as documented in the
Historic Property Survey Report (HPSR): Negative Findings. The survey involved
evaluation of archaeological resources, bridges, and architectural structures, as well as
coordination with Native American institutions.
Temporary Impacts (Construction)
. No known impacts, direct or indirect, on cultural resources would result from the
construction of the Preferred Alternative. However, as in all construction requiring grading
and demolition, there is the potential to discover unrecorded archaeological artifacts. If
undocumented and unknown archaeological resources are unearthed during construction,
Caltrans policy states that work must be halted in the vicinity of the find until a qualified
archaeologist can assess its significance.
Mitigation: Mitigation is not required unless undocumented or unknown archaeological
resources are unearthed during construction. If any undocumented or unknown archaeological
resources are unearthed during construction, the City shall implement the following mitigation
measure:
CUL-1
Any archaeological resources encountered must be evaluated by a qualified
archaeologist for eligibility for the NRHP or the California Register of Historic
Places (CRHP). If such resources are determined eligible, they must be preserved or
a data recovery program must be developed and implemented.
With Mitigation the Effects are Found to be:
( ) Significant (x) Not Significant
Finding:
1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid
the significant environmental effect. (Subd. [a] [1].)
2. ( ) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency. (Subd. [a][2].)
3. ( ) Specific economic, legal, social, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make infeasible the mitigation measures
or project alternatives identified in the Final EIR/EA (Subd. [a][3].)
Alton Avenue Overcrossing at SR-55
K-30
April July 2005
55C-48
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
Rationale: Implementation of this mitigation measure will reduce impacts to cultural resources
to levels less than significant by ensuring that any cultural resources unearthed during
construction are preserved and analyzed by a qualified archaeologist for eligibility for the NRHP
or the CRHP. No further mitigation is required.
Reference: The discussion on setting, impacts, and mitigation related to Cultural Resources are
included in Section 4.15 ofthe FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55.
7.12 CUMULATIVE IMPACTS
Potential cumulative environmental impacts that may occur as a result of the Preferred
Alternative and other foreseeable projects include impacts to traffic and circulation, parking, air
quality, noise, hazardous waste, socioeconomics, hydrology, water quality, and floodplains.
Section 7.0 of the FEIR/EA discusses the rationale for concluding that each incremental effect on
each of these environmental categories would be less than cumulatively considerable and
therefore, is not a significant cumulative impact. Issues related to geology, soils, seismicity,
archaeology, historic architecture and resources, land use, public services, utilities, visual quality
and aesthetics, biology, and energy were determined to have insignificant impacts and were not
considered in the cumulative analysis.
Alton Avenue Overcrossing at SR-55
K-31
April July 2005
55C-49
Draft Findings ofF act and Mitigation Monitoring Reporting Program (applies to CEQA only)
8.0 FINDINGS REGARDING PROJECT ALTERNATIVES
Pursuant to Section 15126 of the State CEQA Guidelines, an EIR must address: "... a range of
reasonable alternatives to the project, or to the location of the project, which would reasonably
attain most of the basic objectives of the project but would avoid any of the significant effects of
the project, and evaluate the comparative merits of the alternatives."
As identified in the FEIR/EA, prior to the identification of the Preferred Alternative, a total of
five project build alternatives and a no action project alternative had been considered during the
Project Study Report (PSR) and early environmental review phase of this project. Through
subsequent and continuing meetings with the Cities of Santa Ana and Irvine, Caltrans, and
FHW A, only two alternatives were carried forward into the Project Report/Environmental
Document (PRIED) phase: the No Action Alternative and the Preferred Alternative - Construct
Alton Avenue Overcrossing and HOV Drop Ramps, and Spot Widen Alton Avenue to Secondary
Arterial Standards (Preferred Alternative). Other alternatives considered but rejected during
either the feasibility study, the scoping process, or later analysis include:
. Alternative 3 - Construct Alton Overcrossing and HOV Ramps, Widen Alton Avenue to
Primary Arterial Standards on the North Side.
. Alternative 4 - Construct Alton Overcrossing and HOV Ramps, Widen Alton Avenue to
Primary Arterial Standards on the South Side.
. Alternative 5 - Construct Alton Overcrossing and HOV Ramps, Widen Alton Avenue to
Primary Arterial Standards on North and South Sides.
. Alternative 6 - Construct Alton Avenue Undercrossing and HOV Ramps, Widen Alton
Avenue to Primary Arterial Standards on North and South Sides.
Alternatives 3 through 6 were withdrawn from further consideration earlier in the planning stage,
prior to the FEIR/EA. These alternatives were determined to be either infeasible or cost
prohibitive, and they failed to meet one or all of the following project objectives:
. Provide an additional roadway crossing of SR-55 linking the Cities of Santa Ana and Irvine.
. Provide an additional HOV access at Alton Avenue as identified by OCT A in the Orange
eounty Transitway eoncept Design Study, the ealtrans Route eoncept Report for SR-55, the
2002 State Transportation Improvement Plan, the 2002 Regional Transportation
Improvement Plan (RTIP), and the 2001 Regional Transportation Program (RTP).
. Minimize the amount of property acquisitions, acquisition costs, and right-of-way impacts to
existing businesses along Alton Avenue.
. Minimize disruption to freeway traffic on SR-55 during construction.
. Allow maximum flexibility for phased construction over time as demand warrants and
availability of funding.
. Minimize disturbances to existing and potential contaminant sources from businesses along
or adjacent to Alton Avenue.
Alton Avenue Overcrossing at SR-55
K-32
April July 2005
55C-50
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
9.0 STATEMENT OF OVERRIDING CONSIDERATIONS
In cases in which significant impacts are not at least "substantially mitigated," the lead agency,
after adopting the findings, may approve the project if it first adopts a statement of overriding
considerations setting forth the specific reasons why the agency found that the project's
"benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (State eEQA
Guidelines, SS 15093, 15043, subd. [b].) The California Supreme Court has stated that, "[t]he
wisdom of approving. . . any development project, a delicate task which requires a balancing of
interests, is necessarily left to the sound discretion of the local officials and their constituents
who are responsible for such decisions. The law as we interpret and apply it simply requires that
those decisions be informed, and therefore balanced." (Goleta II, 52 Ca1.3d 553, 576 [276
Ca1.Rptr.401].) Only after fully complying with the findings requirement can an agency adopt a
statement of overriding considerations. (eitizens for Quality Growth v. eity of Mount Shasta
(1988) 198 Cal.App.3d 433,442,445 [243 Cal. Rptr. 727].)
The proposed project does not require a Statement of Overriding Considerations because
proposed mitigation measures would reduce potential impacts to less than significant and there
would be no unavoidable adverse impacts resulting from the proposed project.
Alton Avenue Overcrossing at SR-55
K-33
April July 2005
55C-51
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
10.0 INDEPENDENT REVIEW AND ANALYSIS
Under CEQA, the lead agency must (1) independently review and analyze the EIR, (2) circulate
draft documents that reflect its independent judgment; and (3) as part of the certification of the
FEIR, find that the report or declaration reflects the independent judgment of the lead agency.
(Public Resources Code, S 21082.1, subd. [c].)
The City of Santa Ana circulated the draft document and independently reviewed and analyzed
the FEIR. With the adoption of these findings, the City of Santa Ana finds that the FEIR reflects
its independent judgment.
Alton Avenue Overcrossing at SR-55
K-34
April July 2005
55C-52
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
11.0 LIST OF ACRONYMS
APE
BMPs
BNSF
Caltrans
CARB
CEQA
CO
dBA
EB
EIR
EIR/EA
EPA
FEIR/EA
FHWA
Fidelity
GEN
HOV
HPSR
IDC
ISA
Leq
LOS
LQG
NAAQS
NAC
NB
NEPA
NFRAP
NOz
NOx
NRHP
OCFCD
Area of Potential Effects
Best Management Practices
Burlington Northern and Santa Fe railroad
California Department of Transportation
California Air Resources Board
California Environmental Quality Act
carbon monoxide
A-weighted decibel
Eastbound
Environmental Impact Report
Environmental Impact Report/Environmental Assessment
Environmental Protection Agency
Final Environmental Impact Report/Environmental Assessment
Federal Highway Administration
Fidelity Information Systems
Generator
high-occupancy - vehi c Ie
Historic Property Survey Report
Irvine Business Complex
Initial Site Assessment
Equivalent sound level
Level of Service
large quantity generators
National Ambient Air Quality Standards
Noise Abatement Criteria
Northbound
National Environmental Policy Act
No Further Remedial Action Planned
nitrogen dioxide
nitrogen oxide
National Register of Historic Places
Orange County Flood Control District
Alton Avenue Overcrossing at SR-55
K-35
55C-53
April July 2005
Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only)
OCTA
PBQ&D
PM
PMIO and PMz.5
ppm
PS&E
RCRA
RTIP
RTP
RWQCB
SARWQCB
SB
SCAG
SIP
SOz
SQG
SR-55
STIP
SWPPP
TASAS
UST
V/C
VIOL
WB
Orange County Transportation Authority
Parsons, Brinckerhoff, Quade, and Douglas
afternoon
particulate matter
parts per million
Plans, Specifications and Estimates
Resources Conservation and Recovery Act
Regional Transportation Improvement Plan
Regional Transportation Plan
California Regional Water Quality Control Board
Santa Ana Regional Water Quality Control Board
Southbound
Southern California Association of Governments
State Implementation Plan
sulfur dioxide
small-quantity generators
State Route 55
State Transportation Improvement Program
Storm Water Pollution Prevention Plan
Traffic Accident Surveillance and Analysis System
Underground storage tank
Volume/capacity
violators
Westbound
Alton Avenue Overcrossing at SR-55
K-36
April July 2005
55C-54
APPENDIX A
MITIGATION MONITORING AND REPORTING PROGRAM
55C-55
55C-56
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
DOWNTOWN SANTA ANA BUSINESS
IMPROVEMENT DISTRICT 2005
ANNUAL REPORT AND 2006 BUDGET
A
/
/
& / /l2
. / .--//' / .
. ,(L,,! j. ;" l..C~._- __
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve the 2005 Annual Report and the 2006 Budget for the Downtown
Santa Ana Business Improvement District.
2. Adopt a resolution of intention to levy an annual assessment for
calendar year 2006 and establish a time and place for a public
hearing to be held by the City Council on November 21, 2005.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
1. Found that the 2005-2006 Downtown Santa Ana Business Improvement
District Annual Report complies with the California Streets and
Highways Code and approved the 2005-2006 Annual Report.
2. Directed the Executive Director of the Community Development Agency
to file a 2005-2006 Annual Report with the City Clerk for City
Council approval or modification.
By a vote of 4:0 (Betancourt absent) at its Regular Meeting of October 4,
2005.
DISCUSSION
On February 6, 1984, the City Council adopted Ordinance No. NS-1715
pursuant to Section 36000 of the 1979 State of California Streets and
Highways Code, creating a Business Improvement District (BID) in Downtown
Santa Ana. On October 6, 2003, the City Council appointed the Community
Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana
Business Improvement District Advisory Board. As the BID Advisory Board,
the CRHC is responsible for making recommendations to the City Council on
550-1
Downtown Santa Ana Business Improvement
District 2005 Annual Report and 2006 Budget
October 17, 2005
Page 2
the expenditure of revenues derived from the levy of assessments, on the
classification of businesses, as applicable, and on the method and basis
of levying the assessments (including the annual budget) .
The 2005 Annual Report and proposed budget for 2006 (Exhibit 1) have been
developed in collaboration between the Downtown Santa Ana Business
Council, La Calle Cuatro de Santa Ana Association, and the Fiesta Market
Place Promotions Committee (Associations). Based on the feedback from
the Associations, the 2006 BID budget focuses on three key areas: (1)
continued promotions and marketing of the BID; (2) maintenance services
that equitably cover all the streets in the BID area; and (3)
Implementation of the Capital Improvement Project for streetscape
improvements along Fourth Street. The estimated contribution from the
2006 BID budget for items 1 and 2 is $212,000 and for item 3 is $352,500.
The Downtown Santa Ana Business Council, La Calle Cuatro de Santa Ana
Association, and the Fiesta Market Place Promotions Committee have all
indicated support of the proposed 2006 budget.
The 2005 Annual Report contains the basis and method of levying the
assessment, an estimated cost of providing the improvements and
activities and the amount of surplus revenue carried over. In order to
comply with State law, the City Council must approve the annual report
and budget as well as conduct a public hearing prior to levying the
annual assessment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
We/#~
patricia C. Whitaker
Executive Director
Community Development Agency
PCW/WRM/mlr
H:\ACTIONS\2005 CC\DTSABID2005AnnRep&2006Bdgt - lO-17-05.doc
550-2
DOWNTOWN SANTA ANA
BUSINESS IMPROVEMENT DISTRICT
2005 ANNUAL REPORT
OCTOBER 17,2005
PREPARED By:
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION
EXHIB IT 1
550-3
2005 ANNUAL REPORT
FOR THE
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT
Background
The Downtown Santa Ana Business Improvement District (BID) was established in February
1984 by the Santa Ana City Council as a means of providing the Downtown business community
with funding for promoting the area, increasing security, enhancing maintenance and
implementing physical improvements. The Community Redevelopment and Housing
Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the
preparation and administration of the BID's budget and annual report, its promotional and
marketing programs, security and maintenance plans, and physical improvement projects.
Improvement Area Boundaries
The geographic boundaries of the district remain unchanged from the original 1984 area, and
they include over 700 retail, service and professional members (see Attachment A).
Assessment Formula
The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and
is based on the category and/or sales volume of the business (see Attachment B).
Summary of Improvements and Activities
The three representative Downtown associations (Downtown Santa Ana Business Council, La
Calle Cuatro De Santa Ana Association, and the Fiesta Market Place Promotions Committee)
hosted a variety of major community events and promotions during 2005, they included:
. Cinco De Mayo Celebration
. July 4th Celebration
· Fiesta Patrias Califomia/El Grito Celebration
. The Latino Film Festival
On October 6, 2003, the Santa Ana City Council appointed the CRHC as the Downtown Santa
Ana BID Advisory Committee. As the BID Advisory Committee, CRHC is responsible for
recommending an annual budget by early October 2005 and other policies pertaining to the BID.
Working through the Community Development staff, the three Downtown associations
developed the 2006 BID budget. One of the items discussed with the Downtown associations
was the BID Consultant. The 2005 BID budget allowed $15,000 for hiring a BID Consultant to
review and analyze the structure of the BID. After a formal request for proposal process and
interviews, representatives of the Downtown and City staff selected New City America, Inc. of
EXHIBIT 1
550-4
San Diego, California to perform a potential two-phase project. The initial work preformed by
New City America, Inc. will include the following tasks:
1. Meet with staff on the strengths and weaknesses of the existing BID and review the
ordinance, revenue generation and annual budget;
2. Meet with the various stakeholder groups and determine the level of support and popularity
of the existing district; and
3. Write a report on the findings of the existing BID and make recommendations for action.
This initial phase will review the feasibility of versus a "Property" based BID the existing
"Merchant" based BID structure.
2006 Budget Plan
Based on the feedback from the Associations, the 2006 BID budget focuses on three key areas:
(l) continued promotions and marketing of the BID; (2) maintenance services that equitably
cover all the streets in the BID area; and (3) implementation of the Capital Improvement Project
for streetscape improvements along 4th Street (Attachment C). The estimated contribution from
the 2006 BID budget for items 1 and 2 is $212,000 and item 3 would be $352,500.
EXHIBIT 1
550-5
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550-6
Attachment B
2006 ANNUAL ASSESSMENT FORMULA
The following businesses located within the boundaries of the Business Improvement District,
classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station
and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels,
Theaters and Food Establishments, shall pay an amount equal to one and one-half times their
annual business license fee.
Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming
House shall pay an amount equal to one-quarter times their annual business license fee.
All other businesses, including Professions, Trades and Services within the boundaries of the
proposed Business District, shall pay an amount equal to their annual business license fee.
Once the assessment formula is established, it cannot be changed without written notice to all
businesses with the boundaries of the proposed Business Improvement District and a public
hearing held by the City of Santa Ana.
EXHIBIT 1
550-7
Attachment C - Page 1 of 2
F~EVISED 9-20-05
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
BUDGET
2006
Revenues
Bid Tax - City of Sana Ana
Operating Fund Carryover - 2003
Capital Improvement Funds
$160,000.001
$67,500.00
$0.00
Total Operating Revenue
$227,500.00
Expenses
Maintenance & Lighting Enhancement
Sidewalk SteamcIeaning Maintenance
Promotions
La Calle Quartro
Santa Ana Downtown Business Council
Decoration Install / Storage - Christmas
Conferences
Subscriptions
$30,000.002
$20,000.003
$162,000.00
$84,240
Total Operating Expenses
$77,760
$10,000.00
$5,000.00
$500.00
$227,500.00
TOTAL OPERATING FUND
$0.00
Capital Improvement Revenue
Capital Improvement - Carryover - 2005
Operating Fund Carryover 2005
Total Capital Improvement Revenue
$300,000.00
$52,500.00
$352,500.00
Capital Improvement Expenses
Capital Improvement - Phase II Streetscape Project
Capital Improvement - Special Projects
Total Capital Improvement Expenses
$300,000.004
$52,500.00
$352,500.00
TOTAL CAPITAL FUND
$0.00
Estimated 100% assessment amount. Amount subject to change.
Amount covers the cost for one additional full-time team member to the Ambassador Team
This team member will enhance the current crew as well as work on special cleaning projects in the BID area
3 2005 budgeted amount of $110,000 encumbered for the period 11-2005 through 10-2006
EXHlB IT 1
550-8
Attachment C, Page 2 of 2
which covers cleaning all streets in BID that are not cleaned by City Contract
$20,000 budged for 2006 covers the period of 11-2006 & 12-2006 and special c1eanings that may be needed.
4
Budgeted amount is BID's share of Downtown Streets cape Project Phase II that breaks down as follows:
$300,000 BID funds
$300.000 City funds
$600,000 Total Project Amount
EXHIBIT 1
550-9
(MJV, 10/11/05)
RESOLUTION NO. 2005-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DECLARING ITS INTENTION TO LEVY
AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA
BUSINESS IMPROVEMENT AREA FOR THE YEAR
2006
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. By Ordinance No. NS-1715, adopted February 6, 1989, the City Council of
the City of Santa Ana established the Downtown Santa Ana Business
Improvement Area pursuant to sections 36500 et seq. of the California
Streets and Highways Code.
B. Since the adoption of said ordinance, the City Council has levied an
assessment in the following amounts for the improvements and activities of
the Downtown Santa Ana Business Improvement Area:
1 . For amusement services, pawnbrokers, service stations, retail sales
of goods, hotels, motels, theaters, food establishments: an
assessment in an amount equal to one and one-half (1.5) the annual
business license fee.
2. For commercial and residential rental property: an assessment in an
amount equal to one-fourth (0.25) the annual business license fee.
3. For all other businesses: an assessment in an amount equal to the
annual business fee.
Section 3. The City Council presently intends to continue said assessment in the
same amounts during the year 2006.
Section 4. The improvements and activities for which the assessment revenues
may be used in the Downtown Santa Ana Business Improvement Area pursuant to
Ordinance No. NS-1715 are as follows:
A. Decoration of any public place.
550-10
B. Promotion of public events.
C. Furnishing of music in any public place.
D. The general promotion of business activities.
Section 5. The Downtown Santa Ana Business Improvement Area is located as
shown on Attachment A, attached hereto and incorporated herein.
Section 6. A report is on file with the Clerk of the Council to which reference may
be made for a full and detailed description of the improvements and activities to be
provided for the year 2006, the boundaries of the area, and the proposed assessments to
be levied upon the businesses within the area for the year 2006.
Section 7. A public hearing shall be held by the City Council at the City Council
Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of
November 21,2005 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the
purpose of determining whether to impose the above said assessment for the year 2006
for the improvements and activities described in the report.
Section 8. At the public hearing, written and oral protests may be made in
accordance with sections 36524 and 36525 of the California Streets and Highways
Code. The City Council shall hear and consider all protests. A protest may be made
orally or in writing by any interested person. Any protest pertaining to the regularity or
sufficiency of the proceedings shall be in writing and shall clearly set forth the
irregularity or defect to which the objection is made. Every written protest shall be filed
with the Clerk of the Council at or before the time fixed for the public hearing. Each
written protest shall contain a description of the business in which the person
subscribing the protest is interested sufficient to identify the business. If a person
subscribing is not shown on the official records of the city as the owner of the business,
the protest shall contain or be accompanied by written evidence that the person
subscribing is the owner of the business.
Section 9. 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.
550-11
ADOPTED this
day of
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Council members
,2005.
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-100 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
550-12
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550-14
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
PUBLIC HEARING - GENERAL PLAN
AMENDMENT NO. 2005-02 AND AMENDMENT
APPLICATION NO.2005-06 TO CHANGE LAND
USE DESIGNATIONS AND ZONING DISTRICTS
TO BE CONSISTENT WITH EXISING LAND
USES ALONG WEST ST. ANDREW PLACE AND
,;RISTO{1~_
CITY MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 sl Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution approving General Plan Amendment No. 2005-02.
2. Adopt an ordinance approving Amendment Application No. 2005-06.
PLANNING COMMISSION ACTION
On September 26, 2005, the Planning Commission recommended that the City
Council adopt a resolution approving General Plan Amendment No. 2005-02
and adopt an ordinance approving Amendment Application No. 2005-06 by a
vote of 6: 0 (Rodriguez absent) to change the General Plan land use
designations and zoning districts to be consistent with the underlying
single family residential, public school, church and open space land uses
at 1801 South Poplar Street; 1305, 1309, 1313, 1401, 1405, 1409, 1413 and
1417 West St. Andrew Place; and 1622 and 1910 South Bristol (Exhibit A).
The Planning Commission approved the recommended action "consistent with
the Bristol Street Corridor Specific Plan".
FISCAL IMPACT
There is no fiscal impact associated with this action.
Agency
MGM:rb
mgm\plancomm\aa05-06gapo5-02.StAndrew.cc
75A-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 26, 2005
TITLE:
PUBLIC HEARING - GENERAL PLAN AMENDMENT
NO. 2005-02 AND AMENDMENT APPLICATION
NO.200S-06 TO CHANGE LAND USE
DESIGNATIONS AND ZONING DISTRICTS TO BE
CONSISTENT WITH EXISING LAND USES ALONG
WEST ST. ANDREW PLACE AND BRISTOL STREET
Prepared by Melanie G. McCann
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
~
I Executive Director
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Plan ng Ma ager
RECOMMENDED ACTION
Recommend that the City Council:
1. Adopt a resolution approving General Plan Amendment No. 2005-02.
2. Adopt an ordinance approving Amendment Application No. 2005-06.
DISCUSSION
Request of the Applicant
The City of Santa Ana is requesting approval of General Plan Amendment No.
2005-02 and Amendment Application No. 2005-06 to change the General Plan
land use designations and zoning districts to be consistent with the
underlying single family residential, public school, church and open space
land uses.
Property Description
The general plan amendment and rezoning proposal involve properties
generally bounded by St. Andrew Place, Bristol Street, Poplar Street and
Edinger Avenue (Exhibit 1). As presented in Exhibit 2, the project area
is built-out with single family residences, Sepulveda Elementary School, a
church, and one parcel along Bristol Street as passive open space. The
existing General Plan land use designations for the affected properties
are a mixture of Low Density Residential (LR-7) allowing a maximum density
of seven dwelling units per acre of land, Institutional (INS) allowing a
maximum floor area ratio of .5, and General Commercial (GC) allowing a
maximum floor area ratio of .5. These properties are assigned a mixture
of zoning districts including Single Family Residence (R1), Single Family
Residential Parking Modification (R1-B), Arterial Commercial (C5) and Open
Space (0). EXHIBIT A
75A-2
General Plan Amendment No. 2005-02
Amendment Application No. 2005-06
September 26, 2005
Page 2
Analysis of the Issues
In 1990, the approval of General Plan Amendment No. 90-9 redesignated a
number of properties throughout the city to the Institutional (INS)
general plan designation to be consistent with existing school and public
facilities uses. The City Council also approved zoning Amendment
Application No. 1052 changing the zoning district to Open Space (0) to be
consistent with the newly established Institutional (INS) land use
designation boundaries. At that time, the construction of the Sepulveda
Elementary School west of Bristol Street and north of St. Andrew Place was
anticipated and included in the citywide General Plan and zoning
amendment. Subsequently, it has been determined that the area designated
as Institutional (INS) and Open Space (0) zoning for Sepulveda Elementary
School do not correctly reflect the build-out of the school nor the
surrounding land uses.
The catalyst for this clean up is a request by the property owner at 1305
West St. Andrew Place to construct an addition to his single family home.
As detailed in the Zoning Code (Section 41.681.4), structural alterations
or additions may only be made to an existing single-family or two-family
dwelling if the property is located in a residential zone, with the
exception of the Professional (P) zoning district. Thus, the owner is
unable to proceed with an addition until the zoning of his property
located on the north site of St. Andrew Place is changed from the Open
Space (0) to Single Family Residential (R1).
Exhibits 3 and 4 locate the properties within the project area proposed to
be amended to the General Plan land use designation and zones that are
compatible with the existing land uses and the long term vision for
development. Exhibit 5 provides a table providing additional detail
regarding the proposal and the affected properties.
The proposed proj ect area is in the Shadow Run neighborhood. All the
affected property owners within the project area, as well as property
owners within 300 feet of the project, have been notified of this public
hearing and proposed land use actions.
The proposed actions will result in consistency between the General Plan
land use designations, zoning district and existing land uses in the
project area. Based on the above analysis and the resulting land use
consistency, approval is recommended of General Plan Amendment No. 2005-02
and Amendment Application No. 2005-06.
75A-3
General Plan Amendment No. 2005-02
Amendment Application No. 2005-06
September 26, 2005
Page 3
CEQA Compliance
In accordance with the California Environmental Quality Act (CEQA), the
proposed project is exempt from CEQA under General Exemption 15061.
Environmental Review No. 2005-146 will be filed for this project.
/"L..____ 4..~
Melanie G. McCann, AICP
Associate Planner
MGM:JM
plancomm\aa05-06gap05-02.StAndrew.pc
75A-4
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75A-5
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75A-6
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75A-7
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75A-8
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EXHIBIT 5
75A-9
bk- 10/12/05
RESOLUTION NO. 2005-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE GENERAL PLAN OF THE
CITY OF SANTA ANA TO AMEND THE LAND USE
DESIGNATION IN THE LAND USE ELEMENT FOR
PROPERTY GENERALLY LOCATED AT ST. ANDREW
PLACE, BRISTOL STREET AND POPLAR STREET FROM
A MIXTURE OF INSTITUTIONAL (INS), LOW DENSITY
RESIDNTIAL (LR-7) AND GENERAL COMMERCIAL (GC)
TO A MIXTURE OF INSTITUTIONAL (INS), LOW DENSITY
RESIDNTIAL (LR-7) AND OPEN SPACE (OS) (GPA
NO. 2005-02)
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 City is requesting approval of general plan amendment application
No. 2005-02 to change the designation in the land use element of certain
properties along Bristol, Poplar and St. Andrew Streets from a mixture of
Institutional (INS), Low Density Residntial (LR-7) And General Commercial
(GC) to a mixture of Institutional (INS), Low Density Residntial (LR-7) And
Open Space (OS), as shown in more detail in Exhibit "A" to this ordinance,
which is incorporated herein by this reference as though fully set forth
herein.
B. On September 26, 2005, the Planning Commission held a duly noticed
public hearing and unanimously voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No.
2005-06.
2. Adopt a resolution approving General Plan Amendment No.
2005-02.
C. On October 17,2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written
and oral.
75A-10
D. The Council finds that General Plan Amendment No. 2005-02 is consistent
with the General Plan, because it brings the land use designations for these
properties into conformance with their zoning designations and their current
land uses.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
Environmental Review No. 2005-146 will be filed for this project.
Section 2. The City Council hereby, approves General Plan Amendment No.
2005-02, as set forth in Exhibit A to this Resolution.
Section 3. This Resolution shall take effect immediately after 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
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
i
...
75A-11
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-101 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
75A-12
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.:-:.:-:-:.; .;.;.:.:-:-: .:.:-:.;.:.; :-:-:.;.:-:.: :-:.;.:.:-:. .;.:.:-:.;.:- :.:.;.:.:.;. :.:-:.;.:.;. + +
:::::::::::: :::::::::::: :::::::::::: ::::::::::::: :::::::::::: ::::::::::::: :::::::::::: ::::::::::::: + +
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ST. ANDREW
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CARLTON
PLACE
GPA 05-2
Proposed general plan land use changes:
I: :: : : : : : :1 Institutional (INS) to Low Density Residential (LR-7)
~ Low Density Residential (LR-7) to Institutional (INS)
General Commercial (GC) to Institutional (INS)
~ Institutional (INS) to Open Space (OS)
A
N
D
B
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EXHIBIT A
75A-13
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y
ORDINANCE NO. NS-2703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY GENERALLY
LOCATED AT ST. ANDREW PLACE, BRISTOL STREET,
AND POPLAR STREET TO A MIXTURE OF SINGLE FAMILY
RESIDENCE (R1), ARTERIAL COMMERCIAL (C5) AND
OPEN SPACE (0) ZONING DISTRICTS (AA NO. 2005-06)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The City is requesting approval of amendment application No. 2005-06 to
change the zoning designation of certain properties along Bristol. Poplar and
St. Andrew Streets from a mixture of Single Family Residence (R1), Single
Family Residence Parking Modification (R1-B), Arterial Commercial (C5)
and Open Space (0) Zoning Districts Community Commercial (C1) to a
mixture of Single Family Residence (R1), Arterial Commercial (C5) and
Open Space (0) Zoning Districts, as shown in more detail in Exhibit "A" to
this ordinance, which is incorporated herein by this reference as though fully
set forth herein.
B. On September 26, 2005, the Planning Commission held a duly noticed
public hearing and unanimously voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No. 2005-06.
2. Adopt a resolution approving General Plan Amendment No. 2005-02.
C. On October 17, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Amendment Application No. 2005-06 is consistent with the General Plan,
including but not limited to its goals and policies to preserve and improve the
character and integrity of existing neighborhoods. Land Use Element Goal
No. 3.0.
E. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project is consistent
with the purpose of the general plan.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated October 17, 2005 accompanying this matter. For
75A-14
these reasons, and each of them, Amendment Application No. 2005-06 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
G. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
Environmental Review No. 2005-146 will be filed for this project.
Section 2. Amended Sectional District Map number 23-5-10 showing the above
described change in zoning district designation, is hereby approved and attached hereto
as Exhibit "B" and incorporated by this reference as though fully set forth herein.
(AA No. 2005-06).
Section 3. 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.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Council members
NOT PRESENT:
Councilmembers
75A-15
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2703 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-16
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CARLTON
PLACE
AA 05-6
Proposed zoning district changes:
~ Single-Family Residence (R1) to Open Space (0)
I:::::::: :1 Open Space (0) to Single-Family Residence (R1)
000000000000 Arterial Commercial (C5) to Open Space (0)
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75A-17
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II WARNER II
24-5-10
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Zoning District
o 1000
60- MINIMUM FRONTAGE
-6000 MINIMUM LOT AREA
L.atesl Revision Date: ~Q-05
THIS MAP 1$ THE OFFICIAl SECTIONAl
DISTRICT MAP OF THE CITY OF SANTA ANA.
AS AUTHORIZED BY CITY COUNCIL
RESOLUTION NO. 74-163, DATED 1,.,8-74, I
HEREBY ATTESTTHATTHIS M~ IS A tRUE
COPY OF THE ORIGINAl SECTIONAl.. DISTRICT
MAP NO. ~...L._
__~~ U>r~J._
EXECUTJllE~~
PlAM'lING I BlJI.DmAGENCY
c.nificate oaw SEPTEMBER 10 1982
SCALE IN FEET
ADOPTED BY RESOLUTION NO. 5186 BYTHE SANTA ANA PLANNING COMMISION
PART OF ORDINANCE NO. NS~394 ADOPTED BYTHE SANTA ANA CITY COUNCIL, AUGUST n, 1959.
A1
~B
C1
C1~MD
C2
C3
C3-A
C4
C5
CR
GENERAL AGRICULTURAL
PARKING MODIFICATION
COMMUNITY COMMERCIAL
COMMUNITY COMMERCIAl-MUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
CENTRAL BUSINESS~AATISTS' VILLAGE
PLANNEO SHOPPING CENTER
ARTERIAL COMMERCIAL
COMMERCiAl RESIDENTIAL
C~SM
GC
M1
M2
MO
o
P
PCD
PO
PRO
SOUTH MAIN STREET COMMERCIAL DISTRICT
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
R1 SINGLE~FAMIL Y RESIDENCE
R1~4000 SMALL LOT SINGLE~FAMILY RESIDENCE
R2 lWO~FAMIL Y RESIDENCE
R3 MULTIPLE~FAMILY RESIDENCE
R4 SUBURBAN APARTMENT
RE RESIDENTIAL ESTATE
SO SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
RES. I A.A.I ANX. NO AA 859 M9'S M924 AA 1029 AA 1035 AA 1051 Ml052 AA 96-11 M05--6
ORO.I RES. NO. NS- 1601 NS-,770 NS-l184 NS-20"" NS-2059 N&-2137 NS-2139 NS-2314 PENDING
ADOPTED DATE 11-2-81 4-15-85 7-1-86 "-20-89 4-16-90 6-17-91 8-19-91 '-21.97 PENDING
APpPOOVED ~ (1ft:/" (1fti*' ~ ~ ~ ~ ~
RES. I A,A. I ANx. NO. 5185 5498 ----- 5514 5526 5529 5530 5558 5560 5578 5813 5647 568' 5720 5729 5776 5778 5784 6021 8044 6074 MSl. AA 838 MaS7
ORD.I RES. NO. NS-392 NS-S1S NS-520 N$-536 N$-S51 NS-S64 N8-565 NS-593 NS-595 NS-617 NS-655 NS-689 NS-738 NS-789 NS-802 NS-583 N8-849 NS-856 NS-1156 N5-1193 NS-1279 N8-1491 Ns..1555 NS-1595
ADOPTED DA.TE 8-17-59 5-1-61 6-19-61 9-5-61 '.2-61 2-5-62 2-5-62 7-2-62 8....2 10-15-62 8-3-63 10-7-63 7-20-64 5-3-65 4-5-65 5-1s.66 6-6-66 8-'-66 2-20-73 12-17-73 9-15-75 6-18-79 11-17-80 0.17.81
APPPAOVEO ~ AI AI.
U U u
SECTIONAL DISTRICT MAP . :2 3 -
A
PREPARED BY THE PLANNING DIVISION
CITY OF SANTA ANA CALIFORNIA
~
e
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
ADOPT A RESOLUTION TO
RESTRUCTURE THE CITY COUNCIL
COMMITTEES
~.-.--./ 0;. I}... '2
" / /
/ ,<!
/:ztUlc--< / .,j (/6_____
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution to restructure the City Council committees and authorize
the Mayor to appoint the members.
DISCUSSION
On December 14, 1998, the City Council approved the establishment of
Council Committees in order to facilitate in-depth review and discussion
of matters of interest to the Council. On various occasions this
resolution was amended for the purpose of focusing greater City Council
attention on key priorities in the City. The structure of the committees
was last amended on January 18, 2005; five committees were established.
In order to improve efficiency of the committee process, it is recommended
that the committees be increased to six by creation of a Land Use Policy
Committee. No other change is recommended related to the organization of
the Committees.
FISCAL IMPACT
There is no fiscal impact associated with this action.
WS55E-1
RESOLUTION NO. 2005-102
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ESTABLISHING
COMMITTEES OF THE CITY COUNCIL
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. By Resolution Nos. 99-069, 2000-069, 2001-033, 2003-001 and
2005-003 the City Council created and, from time to time, modified Committees
of the Council for the purpose of focusing greater Council attention on key
priorities coming before or of interest to the Council.
B. The City Council seeks to again reorganize the committees to
increase the number of committees to six (6) by creation of a Development
Committee.
Section 2. From and after the date hereof, there shall be the following
Committees of the City Council:
a. Neighborhood Improvement/Code Enforcement
b. Main Street Development
c. Public Safety
d. Parks, Recreation, Education & Youth
e. Technology
f. Land Use Policy
Each committee shall consist of two or three councilmembers as
determined and appointed by the Mayor. Each committee member shall serve
on the committee for a two year term commencing with the first meeting of each
new city council following a general election, but each councilmember shall
continue to serve on his or her committee until replaced, or until that
councilmembers leaves office.
Section 3. This Resolution supercedes and replaces all other resolutions
relating to this subject matter. Resolution No. 2005-003 is hereby repealed in its
entirety and shall be null and void for all purposes.
WS55E-2
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Council members:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the
attached Resolution No. 2005-102 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
WS55E-3
WS55E-4