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Home My WebLink About FULL PACKET_2006-03-06REQUEST FOR COUNCIL ACTION Qd„�uon,st CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT RENEWAL FOR 24 -HR EMERGENCY ROAD SERVICE (SPEC. NO.04-005) �r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 r Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for 24-hour emergency road service for a one-year period in the following annual amounts not to exceed: Vendor: DISCUSSION Location: Parkhouse Tire, Inc. Santa Ana Pete's Road Service, Inc. Santa Ana Tarulli Tire, Inc. Santa Ana Amount: $10,000 $20,000 $10,000 The City's Fleet Maintenance Division is responsible for the maintenance and repair of over 800 City vehicles including fire trucks, police vehicles, construction equipment, sweepers and light and heavy-duty trucks and sedans. Fleet Maintenance offers a full tire service to install new tires and repair flat tires. In order for Fleet Maintenance to perform these duties, outside contractual 24-hour emergency road services are needed. On March 1, 2004, the City Council awarded contracts for 24-hour Emergency Road Service to Santa Ana vendors Parkhouse Tire, Inc, Pete's Road Service, Inc. and Tarulli Tire, Inc. for a one-year period, with provision for two one-year renewals. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the final renewal of the contracts. 22A-1 Contract Award for Road Service (Spec No. 04-005) March 6, 2006 Page 2 FISCAL IMPACT 24 -Hour Emergency Funds are available in the Equipment Maintenance Garage Operation Maintenance & Repair Machinery & Equipment account (account no. 75-111- 6281) . rancisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/04-005R.2:uc 22A-2 REQUEST FOR COUNCIL ACTION Ddu"uonis, CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR REPROGRAPHIC PAPERS AND ENVELOPES (SPEC. 05-130) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Unisource Worldwide Inc. for reprographic papers and envelopes for a one-year period, with provision for two one-year renewals, in the annual amount not to exceed $88,000. DISCUSSION The Finance and Management Services Agency's Central Services section requires copier, laser and color bond paper to provide copy paper and in-house duplicating services for departments throughout the City. In addition, the Police Department's Central Distribution Center stocks copy paper for various divisions and the Holding Facility. The notice inviting bids was advertised on December 9 and 12, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 4 Bids received Bids were received, opened on February 14, 2006, and evaluated (Exhibit 1). The bid received from Unisource Worldwide Inc. is responsive to the specification. To allow for unanticipated paper usage, an additional contingency amount has been included. 22B-1 Contract Award for Reprographic Papers And Envelopes (Spec. No. 05-130) March 6, 2006 Page 2 FISCAL IMPACT Funds are available in the Finance & Management Central Services and the Police Property & Facilities Operating Materials & Supplies accounts (account nos. 71-176-6391 and 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters rancisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/KM/05-130.27:uc ABSTRACT OF BIDS CONTRACT AWARD REPROGRAPHIC PAPERS AND ENVELOPES (SPEC. 05-130) VENDOR LOCATION TERMS EST. ANNUAL AM'T SALES TAX 7.75% SUB -TOTAL TERM DISCOUNT TOTAL 10% CONTINGENCY GRANT TOTAL UNISOURCE OFFICE XPEDX OFFICEMAX WORLDWIDE DEPOT LA PALMA SIGNAL HILL CITY OF GARDEN GROVE INDUSTRY NET 30 NET 30 2% 30 DAYS NET 30 $ 72,681.08 $ 74,868.03 $ 76,529.64 $ 80,906.32 $ 5,632.78 $ 5,802.27 $ 5,931.05 $ 6,270.24 $ 78,313.86 $ 80,670.30 $ 82,460.69 $ 87,176.56 $ - $ - $ 1,649.21 $ - $ 78,313.86 $ 80,670.30 $ 80,811.48 $ 87,176.56 $ 9,686.14 $ 88,000.00 SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUNT OF Exhibit 1. UNISOURCE WORLDWIDE INC. $ 88,000 22B-4 REQUEST FOR COUNCIL ACTION Qdu"on isr CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR INTERACTIVE PLAY STRUCTURES (SPEC. NO. 06-012) ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Cemrock Landscapes, Inc. for the purchase of three concrete interactive play structures in the amount of $14,000. DISCUSSION In order to enhance the visitor experience at the Santa Ana Zoo at Prentice Park, two large-scale, crawl -through bird egg shells and one turtle shell will be installed in the children's play area. The interactive play structures will provide an educational component to the play area by serving as visual and interactive aids for the zoo education program. The notice inviting bids was advertised on January 23 and 25, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 2 Bids received Bids were received, opened on February 14, 2006, and evaluated. The bid received from Cemrock Landscapes, Inc. is responsive to the specification. FISCAL IMPACT Funds are available in the Recreation and Community Services Acquisition and Development, Improvements Other Than Building account (account no. 301- 232-6631) . Gerardo Mouet Executive Di ector Parks, Rec. & Comm. Svcs. Agency GM/WO/06-012.8:uc APPROVED AS TO FUNDS AND ACCOUNT: rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C-1 22C-2 REQUEST FOR: COUNCIL ACTION V, tion,st CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR EXTENDED CAB UTILITY TRUCK (SPEC. NO.06-020) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bids from West Covina Motors, Inc. and Quality Chevrolet as nonresponsive. 2. Award a contract to Maurice J. Sopp & Son for the purchase of one extended cab utility truck in the amount of $36,257.88. 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. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid trucks are not manufactured in the one -ton category. The Public Works Agency's Water Resources Division maintains 15 chlorine generation units for water purification at various sites throughout the City. The water production crew delivers 50 -pound bags of salt to each salt reservoir daily. Due to age, condition and mileage, a 1994 GMC one -ton truck has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on February 3 and 6, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 6 Bids received 22D-1 Contract Award for Extended Cab Utility Truck (Spec No. 06-020) March 6, 2006 Page 2 Bids were received, opened on February 14, 2006, and evaluated (Exhibit 1). West Covina Motors, Inc. withdrew their bid due to a cost miscalculation and Quality Chevrolet did not meet specifications and requirements, and is therefore nonresponsive. The bid received from Maurice J. Sopp & Son is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). s ,(eLF'rancisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-020.2:uc 22D-2 ABSTRACT OF BIDS CONTRACT AWARD EXTENDED CAB UTILITY TRUCK (SPEC. 06-020) VENDOR MAURICE J. SELMAN SOPP & SON CHEVROLET LOCATION HUNTINGTON ORANGE PARK BOB STALL CHEVROLET LA MESA GEORGE CHEVROLET BELLFLOWER TERMS NET 30 NET 30 NET 30 NET 30 TRUCK $ 33,650.00 $ 33,797.23 $ 34,061.00 $ 34,279.80 SALES TAX $ 2,607.88 $ 2,619.29 $ 2,639.72 $ 2,656.68 TIRE FEE INCL $ 12.25 $ 12.25 $ 8.75 TOTAL $ 36,257.88 $ 36,428.77 $ 36,712.97 $ 36,945.23 DELIVERY TRUCK 120 DAYS CHEVROLET CC36053 2006 120 DAYS CHEVROLET CC36053 2006 SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUTN OF: 120-150 DAYS 60-120 DAYS% CHEVROLET CHEVROLET C-36053 SILVERADO 2006 2006 MAURICE J. SOPP & SON $ 36,257.88 Bids from West Covina Motors, Inc. and Quality Chevrolet are considered nonresponsive. Exhibit 1. 22D-3 22D-4 REQUEST FOR COUNCIL ACTION Ea„�uon,sr CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR FOUR -DOOR UTILITY VEHICLE (SPEC. NO.06-024) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Quality Chevrolet for the purchase of one four -door utility vehicle in the amount of $40,817.98. 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. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not manufactured in the full-size utility vehicle category. The Fire Department is responsible for providing emergency medical and fire fighting operations on a 24/7 schedule. Utility vehicles equipped with computers, maps, radios, and battery chargers are provided for the Battalion Chiefs to direct fire operations. Due to a collision rendering it inoperable, a 1994 Chevrolet Suburban utility vehicle has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on February 3 and 6, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 3 Bids received Bids were received, opened on February 15, 2006, and evaluated (Exhibit 1). The bid received from Quality Chevrolet is responsive to the specifications and meets the City's requirements. 22E-1 Contract Award for Four -Door Utility Vehicle (Spec. No. 06-024) February 6, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-024.2:uc 22E-2 ABSTRACT OF BIDS CONTRACT AWARD FOUR -DOOR UTILITY VEHICLE (SPEC. 06-024) VENDOR QUALITY WEST COVINA LAKE CHEVROLET MOTORS CHEVROLET LOCATION ESCONDIDO WEST COVINA LAKE ELSINORE TERMS NET 30 NET 30 NET 30 VEHICLE $ 37,874.00 $ 39,800.00 $ 40,000.00 SALES TAX $ 2,935.23 $ 3,084.50 $ 3,100.00 TIRE FEE $ 8.75 INCL $ 8.75 TOTAL $ 40,817.98 $ 42,884.50 $ 43,108.75 DELIVERY 230 DAYS NO QTE 150-210 DAYS VEHICLE CHEVY CHEVY CHEVY CC25906 SUBURBAN CC25906 2007 2007 2007 SUMMARY OF BID AWARD QUALITY CHEVROLET TOTAL AWARD IN THE AMOUTN OF: $40,817.98 Exhibit 1. 22E-3 22E-4 REQUEST FOR COUNCIL ACTION °u"``�n'Sr CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR DISPATCH CONSOLE FURNITURE (SPEC. NO.06-028) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Wright Line LLC to furnish and install dispatch console furniture in the amount of $22,735.94. DISCUSSION The Fire Department's Emergency Communications Office requires specially designed dispatch consoles for 9-1-1 response operations. In December 2004, the Fire Department accepted funds from the State of California 9-1-1 Emergency Communications Office to replace or upgrade the department's dispatch consoles. The Fire Department selected Wright Line, LLC as the supplier for their dispatch consoles. The new dispatch consoles are ergonomic and designed for high intensity, multi-user, 24/7 operations to suit the different needs of staff. The funding provides for approximately 65 percent of the cost of the new consoles. The contract will provide for payment of the remaining balance. FISCAL IMPACT Funds are available in the Fire Alarm Communication & Supply Machinery & Equipment account (account no. 11-322-6641). PMG/KM/06-028.3:uc APPROVED AS TO FUNDS & ACCOUNTS: p '� i��-�-� ,f�s,-Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22F-1 22F-2 REQUEST FOR 07 - COUNCIL ACTION �dncadon lsr CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR TREE SPRAYER (SPEC. NO.06-034) CLERK OF COUNCIL USE ONLY: 01120101ZIX ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER I MANAGER RECOMMENDED ACTION Award a contract to Target Specialty Products for the purchase of a tree sprayer in the amount of $45,039.33. DISCUSSION The Public Works Agency's Tree Maintenance Division is responsible for maintaining approximately 55,500 trees. The division trims an average of 13,000 trees and removes 150 trees annually. Additionally, the division has established a practice of spraying approximately 9,000 trees annually to control aphid infestation. Due to age and condition, a 1989 mist sprayer has been approved for replacement in the current fiscal year. The Public Works Agency contacted several major mist sprayer suppliers and confirmed this type is no longer produced by American manufacturers. Unico Spray Products Corporation is the only remaining manufacturer of sprayers that meet the specifications established by the Public Works Agency. Target Specialty Products is the sole distributor of Unico Spray Products Corporation on the West Coast. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-034.2:uc 22G-1 22G-2 REQUEST FOR I COUNCIL ACTION �d�"tr�nlat CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR HEAVY DUTY TRUCK REPAIR AND PARTS (SPEC. NO 06-035) CITY MANAGER RECOMMENDED ACTION Amend the contract with Fleet Services, limit by $10,000 for heavy duty truck period in an annual amount not to exceed DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2rd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Inc. to increase the aggregate repair and parts for a two-year $20,000. The Fleet Maintenance Division is responsible for the maintenance and repair of the City's 800 vehicles, including street sweepers, fire trucks and large trucks. Heavy duty truck parts are ordered as needed and services that cannot be completed at the Corporate Yard are performed off-site. The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Fleet Services, Inc. has been a provider of hydraulic hoses, fittings, brakes parts and service on heavy duty vehicles such as fire trucks. Fleet Services, Inc. offers reliable and prompt service, competitive pricing, and has consistently been the lowest responsive bidder on heavy duty truck parts and service. As such, staff recommends Council approval of an amendment to the contract. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Contractual Services and Operating Materials & Supplies nos. 75-111-6291 and 75-111-6391). /711�rancisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-035.2:uc 22H-1 Operation Other accounts (account 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AWARD FOR PATRICIA LANE SCENIC ENHANCEMENT (PROJECT NO. 6372) 0 RECOMMENDED ACTION 1. Award a contract to C.S. Legacy responsible bidder, in accordance estimated amount of $386,829.12 fo Scenic Enhancement. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Construction, Inc., the lowest with unit bid prices in the r construction of Patricia Lane 2. Approve a Funding Analysis with a total estimated construction cost of $483,600. DISCUSSION The City received Transportation Enhancement Activities Federal grant funding for land acquisition, design, and scenic enhancement of the nine vacant parcels bordered by the Santa Ana Freeway, Patricia Lane, Eastside Avenue, and Sixth Street (Exhibit 1). These parcels became remnant parcels as a result of the freeway -widening project. The scenic enhancement project includes site grading, construction of new sidewalk, decorative colored walkway, block wall, landscaping, irrigation systems, and installation of playground equipment. Once completed, these improvements will provide an attractive scenery and park playground for the neighborhood and motorists traveling on the freeway. The Notice Inviting Bids was advertised on January 11 and 13, 2006, and bids were opened on February 13, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A-1 Patricia Lane Scenic Enhancement March 6, 2006 Page 2 Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: NAME OF BIDDER 9 6 3 0 CITY BID AMOUNT 1. C.S. Legacy Construction, Inc. Chino $386,829.12 2. Ryco Construction, Inc. Gardena 532,235.00 A total of three bids were received but only two were responsive. Mega Way Enterprises failed to notarize their bidder's signature on the bid bond. This is required by the bidding documents; therefore, Mega Way Enterprise's bid is non-responsive. The lowest bid was submitted by C.S. Legacy Construction, Inc., for $386,829.12, which is below the Engineer's estimate of $564,275. ENVIRONMENTAL IMPACT In accordance with the California Declaration ER No. 2003-47 has been Orange recorders' office. FISCAL IMPACT Environmental Quality Act, Negative approved and filed at the County of The funding analysis shows a total estimated construction cost of $483,600 for the project (Exhibit 2). Funds are available in the Transportation Enhancement Activity Fund (account no. 59-551-6631), the California State Park Bond Fund (account no. 169-270-6631) and the Park Acquisition and Development Fund (Acct No. 301-232-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ro s ?,,,Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency Gerardo Mouet - ' Executive Director Parks, Recreation & Community Services Agency K:\Constructi0n\RFCA-draft\6372 2006-03-06 60 WD 532 528 I!- ------------------------- - - --- —SIXTH STREET C T PROJECT AREA SANTA ANA PATRICIA LANE City Council Title PWA Agenda Date SCENIC ENHANCEMENT PROJECT PUBLK "US 1mv MARCH 6, 2006 (PROJECT NO. 6372) k:\projects\design\active\Park Proj\Patricia lanePnx�jbits-map.dgn FUNDING ANALYSIS PROJECT 6372 PATRICIA LANE SCENIC ENHANCEMENT Construction Contract $386,829.12 Contract Administration 25,700.00 Inspection and Testing 32,387.88 Contingencies 38,683.00 TOTAL ESTIMATED CONSTRUCTION COSTS $483,600.00 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2006 TITLE: AMENDED AGREEMENT WITH WASTE MANAGEMENT INC. FOR REFUSE COLLECTION AND RECYCLING KrI.VMMr-NUCU Al.I 1UN CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and the Clerk of the Council to execute an amended agreement with Waste Management Inc. for collection and recycling of the City's solid waste. DISCUSSION In 1996 the City entered into an exclusive agreement with Waste Management Inc. to collect and recycle the City's residential, commercial and industrial waste. With that agreement the City implemented the three -cart curbside program, the wet/dry commercial program and the sorted industrial waste programs that are currently in place. That agreement has been amended to provide alley and parkway clean-up. The proposed amended agreement will incorporate the additional services to the City into one agreement and extend the term of the agreement through the year 2018. In exchange, the City will receive $1,000,000 in fiscal year 05-06 and $500,000 in each of the remaining years of the agreement. These payments will not affect customer rates. Customer rates will continue to be competitive. In 2004 Santa Ana's curbside rates were mid range and commercial rates were in the lower one- third of the rates in the County. Currently, these rates may be increased each year by 7.5%. With the proposed amended agreement the rates can only be increased each year by 5 percent. Under the proposed amended agreement Waste Management will continue to utilize the trucks purchased by the City in 1996 and will begin replacing them in 2006 with low emission vehicles. In addition, collection of televisions, computers and monitors will be included with the City's large item pickup service for curbside customers. 25A-1 Amended Agreement With Waste Management Inc. January 17, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each year thereafter through the term of the agreement. The funds will be deposited into the refuse collection fund (account no. 69-01-5112). r James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A-2 THIRD AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA by and between THE CITY OF SANTA ANA no -c USA WASTE OF CALIFORNIA INC. 25A-3 TABLE OF CONTENTS RECITALS.................................................................................................................................... 1 AGREEMENT.............................................................................................................................. 2 1. GRANT OF CONTRACT...................................................................................................... 2 2. TERM OF CONTRACT......................................................................................................... 2 3. DEFINITIONS........................................................................................................................ 3 4. SCOPE OF SERVICE............................................................................................................ 6 5. COLLECTION HOURS......................................................................................................... 7 6. HOLIDAYS............................................................................................................................. 7 7. FREQUENCY OF COLLECTIONS...................................................................................... 7 8. MAINTENANCE OF SCHEDULES..................................................................................... 7 9. EXCLUSIVENESS OF AGREEMENT................................................................................ 7 10. SOLID WASTE PROGRAM SURCHARGE...................................................................... 9 11. AUTOMATED SYSTEM..................................................................................................... 9 (a) LICENSE.................................................................................................................... 9 (b) FINANCING............................................................................................................ 10 (c) MAINTENANCE OF LICENSED EQUIPMENT ................................................. 10 (d) OPERATION OF LICENSED EQUIPMENT........................................................ 10 (e) FUEL FOR LICENSED EQUIPMENT....................................................................10 (D OPTION TO PURCHASE....................................................................................... 10 (g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTIONVEHICLES.............................................................................................11 I 25A-4 12. COLLECTION POINTS AND REQUIREMENTS .......................................... 13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS .............. ......... 11 12 (a) CITY GOVERNMENT OPERATIONS................................................................. 12 (b) STREET SWEEPING.............................................................................................. 12 (c) NEIGHBORHOOD CLEANUPS........................................................................... 12 14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL REQUIREMENTS......................................................................................................... 13 (a) CURBSIDE SERVICE............................................................................................ 13 (1) Non -Recyclable Solid Waste Collection and Recycling Plastic Carts....... 13 (2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............... 13 (3) Yard Waste Collection and Recycling Plastic Carts ................................... 13 (b) BIN SERVICE......................................................................................................... 13 (c) ROLL -OFF SERVICE............................................................................................. 14 (d) TEMPORARY BIN SERVICE............................................................................... 14 (e) PARKWAY CLEANUP FOLLOWING GARAGE SALES...................................14 (f) ALLEY CLEANUP FOLLOWING THE FIRST OF EACH MONTH ...................14 (g) DISPOSAL............................................................................................................... 14 15. SYSTEM SAVINGS........................................................................................................... 15 (a) SAVINGS PAYABLE TO CITY ................................ (b) POSSIBLE ADDITIONAL SAVINGS ....................... 16. CIWMA REPORTING REQUIREMENTS ........................... 17. SRRE CONSULTANT...... u 25A-5 .......................... 15 ......................... 15 15 ............................... 16 18. PUBLIC EDUCATION SERVICES................................................................................... 16 19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE .................................. 17 20. MAINTENANCE OF BINS AND ROLL -OFF CONTAINERS ....................................... 18 21. COLLECTION OF BULKY ITEMS.................................................................................. 18 22. CURBSIDE SERVICE PAYMENTS................................................................................. 19 23. RESIDENTIAL BIN SERVICE RATES............................................................................ 19 24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES ................................................. 20 25. ROLL -OFF SERVICE RATES........................................................................................... 20 26. COMPENSATION FOR GRANTS.................................................................................... 21 27. ADJUSTMENTS TO CHARGES....................................................................................... 21 (a) HAULING AND PROCESSING CHARGES........................................................ 21 (1) PRICE INDICES.......................................................................................... 21 (2) CURBSIDE SERVICE................................................................................. 21 (3) BIN SERVICE AND ROLL -OFF SERVICE .............................................. 21 (b) GATE FEES............................................................................................................. 21 (c) SOLID WASTE PROGRAM SURCHARGE........................................................ 21 (d) ADMINISTRATIVE COST......................................................................................22 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .............. 22 29. MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL BUILDINGS ...... 22 30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE ANDROLL -OFF SERVICES....................................................................................... 23 31. SERVICE STANDARDS.................................................................................................... 23 32. SUPERVISION.................................................................................................................... 24 iii 33. TITLE TO SOLID WASTE................................................................................................. 24 34. FAILURE TO COLLECT.................................................................................................... 24 35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT .............................. 25 36. LIQUIDATED DAMAGES................................................................................................ 27 37. USE BY CITY OF CONTRACTOR'S EQUIPMENT....................................................... 27 38. COMPLAINTS.................................................................................................................... 28 39. COMPENSATION REDUCTION DURING STRIKE PERIOD ...................................... 28 40. FEES AND GRATUITIES.................................................................................................. 29 41. LEGAL RELATIONS AND RESPONSIBILITIES........................................................... 29 (a) Applicable Laws....................................................................................................... 30 (b) Personnel.................................................................................................................. 30 (c) Permits and Licenses................................................................................................ 30 (d) Workers' Compensation Policy................................................................................ 30 (e) Public Liability Insurance......................................................................................... 30 (f) Insurance Responsibility for City Owned Solid Waste Collection andRecycling Vehicles...............................................................................................31 (g) Indemnification........................................................................................................ 31 (h) Enforcement of Scope of Services........................................................................... 31 (i) Waivers...................................................................................................................... 32 42. SUBCONTRACTORS AND MANAGEMENT................................................................ 32 43. ACCOUNTING AND AUDITING..................................................................................... 32 44. BOND................................................................................................................................... 32 45. MEDIA RELATIONS......................................................................................................... 33 1v 25A-7 46. NOTICES............................................................................................................. 47. GENDER AND NUMBER................................................................................. 48. VALIDITY........................................................................................................... 49. ASSIGNABILITY................................................................................................ 50. GOVERNING LAW............................................................................................ WASTE MANAGEMENT HOLDINGS INC. GUARANTEE EXHIBIT "A" --- THE LICENSED EQUIPMENT EXHIBIT 'B" ---NOT REQUIRED EXHIBIT "C" --- RATES EXHIBIT "D" --- PAYMENT SCHEDULE ON THE C.O.P.S v THIRD AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into this day of , 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California (referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste Management of Orange County, formally Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc, a California corporation, hereinafter called, "CONTRACTOR," RECITALS 1. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. 2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. 3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling (the "Original Agreement"). 4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Sold Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. 5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new curbside service collection program. 6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by Contractor. 1 7. Since the execution of the "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second Amended Agreement"), City and Contractor have worked together to achieve many significant advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of the City and Contractor, the City has been able to consistently comply with the 50% diversion requirements as imposed by the State of California. 8. Since the execution of the Second Amended Agreement, City and Contractor have developed new programs to increase recycling and reduce illegal disposal of used oil 9. Since the execution of the Second Amended Agreement, City and Contractor have developed new programs to reduce illegal dumping and litter throughout the City. 10. Since the execution of the Second Amended Agreement City and Contractor have jointly concurred to amend the Second Amended Agreement to include the above improved environmental quality measures. 11. The parties again desire to amend the Second Amended Agreement in its entirety to incorporate the provisions of previous amendments and to extend the term of the Agreement in exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to the City of Santa Ana as consideration for extending the term of the Second Amended Agreement. The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: 2 25A-10 The term of this Agreement shall begin upon execution of this Agreement and shall extend to June 30, 2018. 3. DEFINITIONS: As used in this Agreement, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning. (1). Agreement shall mean this Amended and Restated Agreement, including the exhibits thereto and the documents incorporated herein by reference. (2). Auditor shall mean the certified public accountant firm retained by City for auditing services. (3). Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by means of front -loaded collection bins of various sizes. (4). California Integrated Waste Management Act ("CIWMA") shall mean that act codified by California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto. (5). California Integrated Waste Management Board shall mean the Board created by the California Integrated Waste Management Act, and any subsequent modifications thereto, and shall encompass any other agency which assumes the duties of this Board. (6). CITY shall mean the City of Santa Ana. (7). City Attorney shall mean the City Attorney of CITY. (8). Qjy Council shall mean the City Council of CITY. (9). City Manager shall mean the City Manager of CITY. (10). Clerk of the Council shall mean the Clerk of the Council of CITY. (11). Code shall mean the Municipal Code of CITY, both codified and miscellaneous ordinances. (12). Commercial/Industrial Bin Service shall mean Bin Service which is provided by CONTRACTOR to commercial and/or industrial units. (13). Commercial Solid Wastes shall mean Solid Waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military and correctional institutions, non-profit research organizations and government offices. (14). Compost means the product resulting from the controlled biological decomposition of 3 25A-11 organic wastes that are source separated from the Solid Waste stream. (15). Composting means a method of waste treatment which produces a product meeting the definition of "compost" herein. (16). Composting Facility means a state permitted Solid Waste facility at which composting is conducted and which produces a product meeting the definition of compost. (17). Construction and Demolition Solid Waste includes Solid Wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. (18). Contract shall mean this Agreement, entered into between CITY and CONTRACTOR. (19). CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and shall also include the parent company Waste Management, Inc. (20). Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by CONTRACTOR. This shall include commercial curbside users and any multi -family, business or professional user which does not require Bin Service as determined by the Executive Director. (21). Customer shall mean a user of CONTRACTOR's bin or roll -off container service. (22). Dis osal Site shall mean any licensed landfill site permitted by the California Integrated Waste Management Board for the receipt and ultimate disposition of Solid Waste. (23). Executive Director shall mean the Executive Director of Public Works of CITY, or his or her designate. (24). Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said site. Gate Fees are also known as "tipping" fees and "landfill' fees. (25). Gross Receipts means and includes all revenues actually received by CONTRACTOR arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste. (26). Hauling Charge shall mean those portions of the curbside, bin, roll -off and other rates provided for in this Agreement which compensate CONTRACTOR for the Solid Waste collection and transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. (27). Hazardous Wastes are those wastes which, because of their physical or chemical 4 25A-12 characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in bins and/or roll -off containers. (29). Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to Section 11 of this Agreement. (30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the California Integrated Waste Management Board for sorting, separating and processing of Recyclable Solid Wastes as well as the segregation and transportation of non -Recyclable Solid Wastes to a Disposal Site. (31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. (32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well as individuals, including the officers of such associations, corporations, etc. (33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid Waste. (34). Processing Charges shall mean those portions of the curbside, bin, roll -off container and other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the Processing Charge. (35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste generated within the CITY. (36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting 25A-13 Recyclable Solid Wastes for the purpose of reuse or sale. (37). Residential Bin Service shall mean Bin Service which is provided by CONTRACTOR to any and all residential users which request or require such services pursuant to this Agreement. (38). Residential Solid Waste means Solid Waste originating from single-family or multiple family dwellings. (39). Roll -Off Service shall mean Solid Waste collection from transportable containers of 10 cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll -Off Service includes compactors which may be used with roll -off containers. (40). Solid Waste shall mean all Solid Wastes, including, but not by way of limitation, Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as defined hereinabove. (41). Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a transfer station. (42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the requirements of CIWMA. (43). Waste Type means identified wastes having the features of a group or class of wastes that are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and Recycling Element. (44). Yard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and pruning. (45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or organic waste and the composting, mulching, and/or transformation thereof. 4. SCOPE OF SERVICE: (a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section 11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle, divert by means of composting, mulching and/or transforming and/or dispose of said Solid Waste in compliance with the terms of this Agreement. Z 25A-14 (b) All Solid Waste collected by CONTRACTOR within the CITY shall not be commingled in equipment and/or vehicles used by CONTRACTOR, whether such equipment and vehicles are owned by or licensed to CONTRACTOR pursuant to Section 11 herein, with Solid Waste from any other jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24) hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages contained in the vehicle. 5. COLLECTION HOURS: (a) All collections from residential areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. Collections from commercial and industrial locations greater than 100 feet from residential units may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such residential units, the Executive Director may direct that collections in such areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such order. (b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto shall be collected pursuant to the provisions contained therein. 6. HOLIDAYS: Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall collect along said route on the work day next following said legal holiday and collection on each day during said holiday week shall be similarly delayed one day. Legal holidays for the purpose of this Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties. 7. FREQUENCY OF COLLECTIONS: The Contractor will collect all Solid Waste from all areas of the CITY at least once each week and in addition will provide more frequent service for those Customers using the Bin Services or Roll - Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY. Contractor shall provide additional collection services as set forth in Sections 14 (e) and (f). 8. MAINTENANCE OF SCHEDULES: Presently existing routes, schedules and times for collection of Solid Waste shall be maintained but may be changed by authorization of the Executive Director and at least one week's advance notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be made. 9. EXCLUSIVENESS OF AGREEMENT: 7 25A-15 The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport, process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the restraints provided in Public Resources Code Sections 49520 et seq. (a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in roll -off containers or in bins. (b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who own the premises upon which solid waste has been generated or accumulated, from personally collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid Waste at a site permitted by the California Integrated Waste Management Board in accordance with all governing laws and regulations. (c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable Solid Wastes for purposes of this exception. (d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the CITY from collecting yard waste or other organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing laws or ordinances. (f) CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, for any reason, including a strike by CONTRACTOR's employees or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal 25A-16 services from persons other than CONTRACTOR during such periods, including CONTRACTOWs Bin and/or Roll -Off Service Customers. (g). CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by providing Bin and/or Roll -Off Service if the conditions stated in Section 28(c) are applicable. (h) In exchange for the exclusive rights guaranteed above, CONTRACTOR shall provide to the City a one million ($1,000,000.00) payment on July 1, 2005 with an additional five hundred thousand ($500,000.00) per year to be paid monthly beginning July 1, 2006 and continuing each year until expiration of this Agreement. The initial $1,000,000 payment will be made by CONTRACTOR upon execution of this Agreement or on January 1, 2006, whichever occurs later. The additional $500,000 annual payment will be deducted monthly beginning July 1, 2006 on a pro rata basis from the curbside service payments. However, neither payment will affect the rates that customers are currently paying. 10. SOLID WASTE PROGRAM SURCHARGE: (a) CONTRACTOR shall pay to the CITY a Solid Waste program surcharge based upon the Gross Receipts received by CONTRACTOR. This surcharge is now set at an amount equal to 12.8 percent of said Gross Receipts. This amount may be increased by resolution of the City Council and, whenever said surcharge is increased by resolution of the City Council, CONTRACTOR shall be permitted to pass through to both its Bin Service and Roll -Off Service Customers one hundred (100%) percent of the amount of such increase. (b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the Gross Receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. (c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. 11. AUTOMATED SYSTEM (a) LICENSE: The CITY grants to the CONTRACTOR an exclusive license to use the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to collectively as "the Licensed Equipment"), for a period of time coterminous with the term of this Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but, rather, a personal property license to use the Licensed Equipment pursuant to the specific terms, covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed Equipment for any other purposes or business. This license is personal to the CONTRACTOR and shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be sufficient to permit CONTRACTOR to adequately perform its performance obligations under this I 25A-17 Agreement. If at any time, or from time to time, the Licensed Equipment is not adequate for CONTRACTOR to meet such obligations, or, the Solid Waste collection and Recycling vehicles licensed pursuant to this section need to be replaced for any reason, including loss, CONTRACTOR shall be responsible for providing any and all additional or replacement Solid Waste collection and Recycling vehicles and any and all additional Solid Waste collection and Recycling carts as may be necessary for the collection, Recycling and disposal of all Solid Waste for which it is responsible under this Agreement. (b) FINANCING: The Licensed Equipment being provided to CONTRACTOR pursuant to section (a) hereunder is being acquired pursuant to that certain "Installment Purchase Contract" ("IPC") between the CITY and the California Environmental Finance Corporation ("CEFC") dated June 1, 1996, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this reference. CONTRACTOR hereby acknowledges the flow of funds and priority of revenues set forth in Section 3.06 of the IPC, which is further summarized on pages 12 and 13 of the Official Statement accompanying the issuance of the tax exempt Certificates of Participation ("C.O.P.s") which have been, or will be, issued by CEFC to raise the funds necessary for it to purchase the Licensed Equipment. While not required to do so, CEFC has agreed to acquire the Licensed Equipment in accordance with the competitive bidding procedures set forth in Section 421 of the CITY'S municipal charter. The CITY agrees to take all necessary action and execute all necessary documents to facilitate the issuance of the C.O.P.s and to approve an excess proceeds certificate authorizing an excess proceeds prepayment of the C.O.P.s as provided in Sections 3.11 and 4.01(b) of that certain "Trust Agreement" by and among the CITY, CEFC and Harris Trust Company of California, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this reference. (c) MAINTENANCE OF LICENSED EQUIPMENT: CONTRACTOR shall, at its own expense, maintain and preserve the Licensed Equipment in good repair and working order at all times and will operate the Licensed Equipment in an efficient and economical manner and will pay all maintenance and operation costs of the Licensed Equipment as they become due and payable. On or before the first day of each fiscal year, CONTRACTOR will prepare a budget setting forth the estimated maintenance and operation costs of the Licensed Equipment for such fiscal year. (d) OPERATION OF LICENSED EQUIPMENT: CONTRACTOR shall be fully responsible to the CITY for the storage, operation, maintenance and management of the Licensed Equipment. CONTRACTOR shall distribute the Solid Waste collection and Recycling carts (one for Recyclable Solid Waste, one for Yard Waste and one for non -Recyclable Solid Waste) to each Curbside Service Unit throughout the CITY. CONTRACTOR will utilize the Licensed Equipment solely to collect, recycle and/or dispose of Solid Waste generated within the CITY for which it is responsible pursuant to this Agreement. (e) FUEL FOR LICENSED EQUIPMENT: All fuel required for the operation of the Licensed Equipment pursuant to this Agreement shall be purchased by the CONTRACTOR. CONTRACTOR shall be responsible for the costs of such fuel and all costs associated therewith. (f) OPTION TO PURCHASE: At such time as the C.O.P.s used to finance the Licensed Equipment are paid in full or otherwise satisfied or demised, the CONTRACTOR shall have a ninety 10 (90) day option during which it may purchase the Licensed Equipment from the CITY for the then fair market value thereof. Exercise of this option shall be made by written notice from the CONTRACTOR to the Executive Director. CITY and CONTRACTOR shall, within thirty (30) days after such exercise, each select a licensed appraiser in the field to determine said fair market value. The appraisers shall submit their appraisals to both parties within thirty (30) days after their selection, and the average between their appraised values shall be deemed to be the fair market value. If CONTRACTOR desires to purchase the Licensed Equipment, it must tender the full fair market value to the CITY within forty five (45) days after both appraisers have delivered their appraisals. If either appraiser fails to act within the terms of this option or if either party hereto fails to select an appraiser, the determination of the sole appraiser shall be binding. The CONTRACTOR shall bear the expense of both appraisers. The CITY agrees that if CONTRACTOR elects to exercise this option it will, after tender of the full purchase consideration, do all things proper and necessary to transfer full title, free and clear of all liens and encumbrances, to the Licensed Equipment to CONTRACTOR or its assignors. Should CONTRACTOR not exercise this option to purchase the Licensed Equipment then, at the termination of the license granted herein, CONTRACTOR shall surrender possession of the Licensed Equipment to CITY in good order and repair to the satisfaction of CITY, normal wear and tear excepted. Proceeds from the sale of the Licensed Equipment are the property of the City. (g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES: Once the City -owned collection vehicles, as described in Exhibit A and this Section have reached the end of their useful lives, the CONTRACTOR will provide at its expense, new low -emission collection vehicle replacements which meet or exceed the emission requirements of all Federal, State or Local air quality laws or regulations. The CONTRACTOR will begin the process of replacing all residential and commercial collection vehicles, starting with the oldest trucks in 2006 with the goal of completing all truck replacements by 2012. All residential collection vehicles will display the City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles and carts provided shall be owned and operated by the CONTRACTOR. 12. COLLECTION POINTS AND REQUIREMENTS: (a) CONTRACTOR shall not be required to collect Solid Waste from any Curbside Service Unit unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in Solid Waste collection and Recycling plastic carts provided to the Curbside Service Unit by CONTRACTOR and is prepared for collection in a manner prescribed by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be required to pick up and collect any material or matter which is not Solid Waste as defined in this Agreement, or to pick up and collect any Solid Waste from Curbside Service Units which does not comply with the following standards and limitations: (1) All Solid Waste shall be placed in the Solid Waste collection and Recycling plastic carts provided by CONTRACTOR to each Curbside Service Unit pursuant to the following: (a) Non -Recyclable Solid Waste shall be placed in burgundy plastic carts provided by CONTRACTOR; 11 25A-19 (b) Recyclable Solid Waste shall be placed in grey plastic carts provided by CONTRACTOR; and, (c) Yard Waste shall be placed in green plastic carts provided by CONTRACTOR. (2) All non -Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate overflow or contamination of surrounding areas. Any non -Recyclable Solid Waste, Recyclable Solid Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to the Curbside Service Unit will not be picked up; and, (3) Large, heavy items, including, without limitation, water heaters, couches, tables, refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky items which may be disposed of under the provisions of Section 21. (b) The aforementioned requirements to place non -Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply to Christmas trees properly placed for collection. (c) Whenever any Solid Waste that does not comply with the above standards and limitations is not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject to the approval of the CITY, indicating the reason for non -collection at such Curbside Service Unit. Said notice shall also contain the CONTRACTOR's business name and his local telephone number. A copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the Executive Director and, if the reason for noncollection is not corrected within seven (7) days, CONTRACTOR shall notify the CITY as to this continued noncollection. 13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS: (a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and Construction and Demolition Solid Waste which is generated by CITY government operations at no cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll- off containers from which such Solid Waste shall be collected. Said list may be modified by time to time by the Executive Director. Solid Waste generated by such CITY operations shall be collected by CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which schedule shall be approved between the CONTRACTOR and the Executive Director. (b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations. CONTRACTOR will be required to complete their designated routes each day so as not to interfere with the CITY'S street sweeping operations. (c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall 12 25A-20 not exceed a maximum total number of three hundred (300) containers annually. Notwithstanding the above, at any time that the CITY determines that the number of collections and/or the number of roll -off containers provided for in section (c) is not adequately meeting the CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these provisions, and may, by mutual agreement, modify the number of collections and/or roll -off containers. 14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL REQUIREMENTS: (a) CURBSIDE SERVICE: CONTRACTOR shall provide each Curbside Service Unit within the CITY with a minimum of three (3) Solid Waste collection and Recycling plastic carts. Any provision of less than three (3) such plastic carts to any Curbside Service Unit shall be approved by the Executive Director. Each Solid Waste plastic cart shall be a different color as described in Section 12 above. CONTRACTOR shall be required to collect contents of each Solid Waste plastic cart once per week and CONTRACTOR shall be required to process the contents of said plastic carts as follows: (1) Non -Recyclable Solid Waste Collection and Recycling Plastic Carts: Contents of plastic carts containing Solid Waste shall be hauled directly to a legally authorized Disposal Site pursuant to subsection (e) herein. (2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The contents of containers containing Recyclable Solid Waste shall be hauled to a Material Recovery Facility ("MRF"), which MRF shall be acceptable to the CITY, for Processing and diversion. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S Source Reduction and Recycling Element ("SRRE"). In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (3) Yard Waste Collection and Recycling Plastic Carts: The contents of the plastic carts containing Yard Waste will be transported to a Composting Facility which meets all state, federal and local laws for Yard Waste Diversion and which is acceptable to the CITY. CONTRACTOR shall be responsible to ensure that the Yard Waste collected by CONTRACTOR is diverted in compliance with CIWMA and the CITY'S SRRE. (b) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described herein for Bin Service. Such Recycling program shall require that CONTRACTOR take the Solid Waste in bins which have clean "dry" loads to a MRF which is acceptable to the CITY for Processing and diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%) percent of the tonnage of Solid Waste which is contained in bins and which is determined to have a high recyclable content will be transported to a MRF. All Solid Waste which is transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility 13 25A-21 so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling potential due to food or other types of contamination. Any modifications to the above -referenced percentage shall be approved by the Executive Director and shall be based on the diversion realized. (c) ROLL -OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its Roll -Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from roll -off service within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall provide 2 employees in a "front -loader vehicle that will devote 60 hours each six working days following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. (f) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall provide 2 employees in a "front -loader vehicle that will devote 60 hours each six working days following the first day of each month and six working days during the third week of the month to canvas the City neighborhoods in order to remove debris left in alleyways following relocations. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. (g) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid Waste which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to the terms of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If CONTRACTOR is directed to dispose of said Solid Waste at a location other than the County of 14 25A-22 Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at another Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally, CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is delivered to CONTRACTOR's landfill. (h) CONTRACTOR will act as the contracting body and lead agency with the MRF and Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both facilities act so as to meet the requirements of both this Agreement and CIWMA. (i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do each, every and all things required to ensure that all Solid Waste generated, produced or accumulated in the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of, by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the California Integrated Waste Management Board in the event that the diversion quantities contained in the CITY'S SRRE, or any other requirement of CIWMA, are not met. 15. SYSTEM SAVINGS: (a) SAVINGS PAYABLE TO CITY: In addition to the surcharge paid pursuant to Section 10 herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for curbside service pursuant to Section 22 herein. (b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have agreed that any additional savings which may result from changes in the diversion percentages referred to in Section 14(b) above shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar amount equal to the difference in the CONTRACTOR's per ton cost for Processing and disposal of Bin Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last calendar day of each subsequent month. 16. CIWMA REPORTING REQUIREMENTS: 15 25A-23 CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition thereto, within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the CITY an annual report which: (a) provides a collated summary of all the information contained in the monthly reports referred to above; (b) provides a narrative description of all public awareness activities of CONTRACTOR during the past one year which may have impacted Recycling participation; and (c) provides a discussion of Recycling and source reduction program highlights and difficulties. CITY may require additional reports from CONTRACTOR should the reports requested, or submitted, pursuant to this section not satisfactorily fulfill the CITY'S requirements. 17. SRRE CONSULTANT: (a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of California. The consultant to perform such services shall be approved by the CITY. Such consultant services shall be provided upon request by the CITY and shall be subject to final approval of the CITY. The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand ($20,000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved by the CITY which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the responsibility of the CITY as provided in section (b) below. (b) CONTRACTOR shall submit a monthly report showing consultant services performed for the preceding month. Subject to the approval of the Executive Director, any costs for approved services which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be made by the CITY within thirty (30) days of receipt of said report for work satisfactorily performed. 18. PUBLIC EDUCATION SERVICES: The CONTRACTOR shall be responsible for the provision of public education services as provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items: (a) the production and distribution of a pamphlet containing trash regulations and holidays to all Customers and Curbside Service Units on a yearly basis and to all new service starts at service initiation; (b) the production and distribution to all Customers and Curbside Service Units every year of pamphlets concerning source reduction, Recycling and/or Yard Waste Diversion on an annual basis and to all new service starts at service initiation; (c) the performance, as needed, of community presentations on source reduction, Recycling and Yard Waste Diversion, including the production of all presentation materials; (d) the provision, as necessary, of technical assistance in the areas of source reduction, 16 25A-24 Recycling and Yard Waste Diversion; (e) the establishment and maintenance of a telephone hotline to receive calls from the public and provide information concerning integrated waste management; (f) cooperation in the production of an integrated waste management video for use by the CITY; Iml (g) development and management of grants pursuant to the regulations contained in the CIWMA and/or adopted by the California Integrated Waste Management Board including the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under the Agreement In fiscal year 05-06 CONTRACTOR will receive: $5500 per month for the collection of used oil containers and filters. This includes all manpower, vehicle, fuel, accounting and administrative costs associated with the collection program. $75.00 per hour for grant administrator's time to develop and administer the grant programs. This Section may be reasonably modified from time to time as deemed necessary and appropriate by the Executive Director, including increased grant compensation paid to Contractor upon a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the Executive Director in the preparation and production of the services listed and to proceed in the rendering of such services as the CITY dictates. Any services required hereunder shall require the Executor Director's approval prior to the execution thereof. 19. STANDARDS FOR COLLECTION, EOUIPMENT AND NOISE: (a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the reasonable opinion of the Executive Director, that adequate standards of collection will be maintained. All loads in CONTRACTOR's vehicles shall be kept completely covered at all times except when material is actually being loaded or unloaded or where the vehicles are on route in the process of collection. The collection equipment must be designed and operated in such a manner as to prevent Solid Waste from escaping the vehicle. Any spillage of materials which occurs during the collection process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The CONTRACTOR's vehicles and equipment shall be subject to inspection by the CITY. (b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety of sizes of bin and roll -off containers to meet the capacity requirements of commercial and residential bin and roll -off container users. No material shall be permitted to leak, fall or be spilled on CITY streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned at the CONTRACTOR's expense. The equipment used must be maintained in good mechanical condition and must employ adequate safety conditions for the operating personnel. (c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or 17 25A-25 equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the collection of said materials shall be disciplined pursuant to CONTRACTOR's performance standards. (d) CONTRACTOR shall equip all Solid Waste collection and Recycling vehicles which collect Solid Waste within the CITY with informational displays. The CITY shall advise CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the CITY. The CITY may, at its option, have the messages to be displayed changed once per year. 20. MAINTENANCE OF BINS AND ROLL -OFF CONTAINERS: (a) Bins and roll -off containers provided by CONTRACTOR shall be of a design and size to contain, at all times, the contents therein in such a manner as to promote best possible housekeeping conditions. Bins and roll -off containers supplied by the CONTRACTOR shall, at all times, be maintained by it in a well -kept appearance and shall be marked with reflectorized material where such bins and/or roll -off containers are or may reasonably be expected to be located in the public right-of- way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and roll -off containers; provided, however, CONTRACTOR shall provide in its agreements with its Customers for a bin or roll -off container cleaning service, including painting either as needed, at the request of the Customer or at the request of the CITY, for a fee of twenty five ($25.00) dollars. (b) Curbside Service Units shall be responsible for the cleanliness and sanitation of the Solid Waste collection and Recycling plastic carts provided to such units. (c) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business days and from roll -off containers within five (5) business days of a request by CITY to do so. Failure to remove the graffiti within the required two (2) business days for bins and five (5) business days for roll -off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200.00) fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll -off container which requires such graffiti removal a charge of twenty five ($25.00) dollars per incident. (d) The Solid Waste collection and Recycling plastic carts receiving curbside service shall be replaced where found by CONTRACTOR. The CITY reserves the right, upon submission of proof by the Curbside Service Unit, to withhold sufficient compensation under this Agreement to adjust and pay any claim for Solid Waste collection and Recycling plastic carts damaged by the willful or careless acts of the employees of the CONTRACTOR. Repairs and replacement costs for said plastic carts shall be borne by CONTRACTOR; provided, however, that such repairs and/or replacements costs shall not be borne by CONTRACTOR when caused by the wanton or intentional destruction thereof by the Curbside Service Unit. Curbside Service Units shall be billed by CONTRACTOR for replacements caused by intentional or wanton destruction. 21. COLLECTION OF BULKY ITEMS: In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to all Curbside Service Units the service of curbside collection of bulky items such as couches, 25A-26 refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not required to collect under Section 12 because of size or weight, as follows: (a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide no more than two at -demand bulky item collections per year per Curbside Service Unit at no additional cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20) bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of having large objects, and other Solid Waste which is not required to be picked up pursuant to this Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message receiving, transmitting and response procedures and who shall be responsible for maintaining a log of such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a reasonable time but no more than five (5) working days after such a request is received. Requests for more than two (2) at -demand collections per year shall cost thirty ($30.00) dollars per collection and shall be billed to the Curbside Service Unit requesting the additional collection by the CONTRACTOR. (b) CONTRACTOR shall provide assistance of removal of bulky items on private property to senior citizens and the disabled at no cost. (c) CONTRACTOR shall provide for the collection and recycling of televisions, computer monitors and computer laptops as part of the Bulky Item collection program. 22. CURBSIDE SERVICE PAYMENTS: (a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACOTR shall be based on the total number of Curbside Service Units billed by the CITY for curbside service during that month. CITY shall make billing records available to CONTRACTOR upon reasonable notice for the purpose of auditing such records. (b) Remittance to the CONTRACTOR of payments collected by the CITY for curbside service shall on a monthly basis. (c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The payments to be made to CONTRACTOR shall not be reduced to the extent of any credits against installment payments received by the CITY pursuant to Section 4.01 of the IPC. 23. RESIDENTIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential 19 25A-27 bin users by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. (b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto and incorporated herein by reference. Such rates shall include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park Curbside Service Units. CONTRACTOR shall make records containing Residential Bin Service available to the Executive Director at any reasonable time. 24. COMMERCIALANDUSTRIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Bin Service to commercial/industrial bin users by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such Bin Service Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. (b) Rates for Commercial/Industrial Bin Service, including Gate Fees, Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park Curbside Service Units CONTRACTOR shall make records containing CommerciaUlndustrial Bin Service available to the Executive Director at any reasonable time. 25. ROLL -OFF SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Roll -Off Service by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. Roll -off Service shall be provided at a minimum of three (3) dumps per month per Customer. (b) Rates for Roll -Off Services, including container delivery, collection, hauling and transportation, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park 20 Curbside Service Units. CONTRACTOR shall make records containing Roff-Off Service available to the Executive Director at any reasonable time. 26. COMPENSATION FOR GRANTS: CONTRACTOR shall be permitted to obtain compensation in an amount approved by the Executive Director for the management of grants pursuant to Section 18(g) herein. 27. ADJUSTMENTS TO CHARGES: (a) HAULING AND PROCESSING CHARGES: (1) PRICE INDICES: The two indices which will be used for determining adjustments to Hauling and Processing Charges shall be the December Consumer Price Index ("CPP') for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles -Anaheim -Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price Index ('PPP'), Diesel Fuel #2 (#057303. When both indices are to be used to determine an adjustment to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent. (2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in subsection (a)(1) above without limitation; provided, however, that adjustments permitted to the Hauling and Processing Charges during this time period shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (3) BIN SERVICE AND ROLL -OFF SERVICE: From July 1, 1997 until the termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll -Off Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection (a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll -Off Service shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both its Bin Service Customers and its Roll -Off Service Customers and CITY shall pass through to its curbside service users one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in Gate Fees become effective on July 1 st of any year, the parties agree to utilize the tonnages from the previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site. (c) SOLID WASTE PROGRAM SURCHARGE: Should any increase or decrease in the Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement, 21 25A-29 CONTRACTOR shall be permitted to pass through to both its Bin Service and its Roll -Off Service Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste program surcharge which CONTRACTOR is required to pay pursuant to Sections 10, 23(b) and 24(b) herein. (d) ADMINISTRATIVE COST: The Administrative Cost for curbside service shall be adjusted annually. The Administrative Cost shall be adjusted using the CPI set forth in subsection (a) (1) above; provided however, that adjustments shall be calculated at one hundred (100%) percent of the CPI. 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REOUIREMENTS: (a) The CONTRACTOR may enter into agreements with Bin Service Customers for special collection services different from, in addition to, or greater than the minimum collection services required by this Agreement. The special fees which CONTRACTOR may charge Bin Service Customers are set forth on attached Exhibit "C." (b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further, CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall require an inspection by the CITY prior to a determination of the charges which may be imposed. The decision of the Executive Director in respect to these charges shall be final. A brief explanation of each special service charge must be included on every Customer's billing. (c) In the event the CONTRACTOR is unable to provide temporary service to any Customer within five (5) calendar days after receipt of a call by such Customer, the Executive Director may permit any other licensed hauler to provide temporary service to such Customer if, but only if, CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable notification by the Executive Director to CONTRACTOR. 29. MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL BUILDINGS: (a) CITY shall require that all residential buildings with three or more dwelling units be served by Bin Service, except that CITY may waive such requirement for any residential buildings with four (4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units existing on February 23, 1983, upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The CONTRACTOR shall provide bin containers of such capacity and collections of such frequency for residential buildings required to have Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be made at least once per week. CONTRACTOR shall comply with any request by the Executive Director to change the scheduled collection days for Residential Bin Service Customers, which is designed to promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation or reduce noise. OV) (b) In the event that Solid Waste being disposed of at a Residential Bin Service building exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin capacity at said location, he shall cause written notification to be given to the property owner and/or person in possession of the property. Said notification shall contain the date of the reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or person in possession of the property that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner and/or person in possession of the property will be required to increase the number of bins, the size of the bin, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from the Customers to the same extent as if the Customer requested such additional collections from the CONTRACTOR. 30. MINIMUM SERVICE LEVELS - COMMERCIALANDUSTRIAL BIN SERVICE AND ROLL -OFF SERVICES: City shall require that all commercial and/or industrial units and/or buildings be served by Bin Service or Roll -Off Service; provided, however, that this requirement may be waived by the Executive Director. In the event that Solid Waste being disposed of at a commercial/industrial bin or roll -off container unit exceeds the bin or roll -off container capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin or roll -off container capacity at said location, he shall cause written notification to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll -off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll -off containers, or the frequency of collections. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or roll -off containers, the size of the bin or roll -off container, or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from such Customers to the same extent as if the Customer requested such additional collections from the CONTRACTOR. 31. SERVICE STANDARDS: (a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number. The CONTRACTOR's office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday through Friday and from 8:00 a.m. to noon on Saturdays. CONTRACTOR's offices shall be closed on Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The CONTRACTOR shall have the capability of responding to the public in English and Spanish during office hours. 23 25A-31 (b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per month on accounts which have not remitted required payments within 30 days after the date of billing. Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased due to nonpayment. 32. SUPERVISION: Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and liaison between its organization and the CITY and shall maintain a telephone and a means for contact at all times during periods of strike or other emergencies. The Executive Director may inspect the CONTRACTOR's operations, facilities and equipment at any reasonable time and the CONTRACTOR shall admit him to make such inspections at any reasonable time and place. 33. TITLE TO SOLID WASTE: Title to all Solid Waste collected pursuant to this Agreement shall be vested in CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll -off container for collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA. 34. FAILURE TO COLLECT: (a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. (b) The CITY may give such notice for any specified individual omission by CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for any reason, including a strike of CONTRACTOR's employees, the notice shall continue in effect with 24 25A-32 respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11 herein and shall be allowed to use, without charge, any of CONTRACTOR's other collection vehicles, containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to this section. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement, CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this Agreement. In the event of such a material default, the reasonable time for correction pursuant to Section 35 herein shall be seven (7) days. 35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: (a) In the event CONTRACTOR defaults in the performance of any of the obligations, covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in writing of the nature of such default. (b) The Executive Director may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within such time as set forth in the notice and shall be required to diligently achieve such correction or remedy as soon thereafter as possible. (c) The Executive Director shall review the CONTRACTOR's response to the notice of deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings in accordance with Chapter three of the Santa Ana Municipal Code. (d) In such case, the City Council may set the matter for hearing. The City Clerk shall give CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the Executive Director indicating the deficiencies, and shall give the CONTRACTOR a reasonable opportunity to be heard. (e) Based on the evidence presented at the public hearing, the City Council shall determine by IN 25A-33 Resolution whether this Agreement should be terminated. If, based upon the record, the City Council determines that the performance of CONTRACTOR is in breach of any material term of this Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The decision of the City Council shall be final and conclusive. CONTRACTOR's performance under the Agreement is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. (f) The rights of termination or imposition of liquidated damages, as set forth in Section 36 hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR's Agreement or impose liquidated damages in the event of any of the following: (1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY; (2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding; (3) If the CONTRACTOR fails to provide or maintain in full force and effect the workers' compensation, liability or indemnification coverage as required by this Agreement; (4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred; (5) If the CONTRACTOR willfully fails to make any payments required under the Agreement and/or refuses to provide the CITY with required information and/or reports in a timely manner as provided in this Agreement; or, (6) Any other act or omission by the CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation. (g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages and/or injunctive relief Both parties recognize and agree that in the event of a breach under the terms of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to enjoin the breach thereof. (h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default, deposits the amount in controversy into an interest bearing account in a commercial bank or lending institution and maintains such deposit until such time as a final judicial decision or agreement between the parties determines the rightful disposition of the said amount in controversy; provided that CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of written notice of default on the CITY. 26 25A-34 36. LIOUIDATED DAMAGES: (a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid Waste collection services or denied quality or reliable collection service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (b) Accordingly, the CITY may, in its discretion but after complying with the notice and hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars ($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles -Anaheim -Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics. (c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which CONTRACTOR has been found by the CITY to be in default after having been given the proper notice and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not paid within the ten (10) day period, the CITY may order the termination of this Agreement. 37. USE BY CITY OF CONTRACTOR'S EQUIPMENT: Upon cancellation of this Agreement by either party for any reason prior to the end of the period specified herein as the term of this Agreement, the CITY shall take possession and control of all vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors and other items of equipment used by CONTRACTOR in the performance of the work specified in this Agreement. Further, the City shall have access to the MRF and composting facilities used by the CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend following the date of cancellation of this Agreement for a period of ninety (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section 27 25A-35 shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at the date of termination. Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 38. COMPLAINTS: (a) The CITY shall record all complaints and communications received by the CITY from persons and businesses being served under the provisions of this Agreement and all other incidents of failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of receipt thereof. CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which shall include the complaint, the communication, the date, time, complainant's name and address if provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the Executive Director within twenty four (24) hours of receipt thereof. (b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material from the service recipient within twenty-four (24) hours of the CONTRACTOR's receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall maintain a written record of all calls related to missed pick-ups and the service response provided by the CONTRACTOR. Such records shall be made available for inspection upon request by the Executive Director. 39. COMPENSATION REDUCTION DURING STRIKE PERIOD: In the event that there occurs any period in which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays), then the following shall apply. (a) The City Council may assess damages against the CONTRACTOR in an amount which does not exceed the sum of the following: (1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to Section 34; and, (2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for curbside service by the CITY from the public is reduced due to any reduction or refund of such fees granted by the City Council to compensate such fee payers for the inconvenience experienced by them I&N due to CONTRACTOR's failure to furnish full performance during such period. (b) In assessing damages, the City Council shall take into account the CONTRACTOR's efforts to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having damages assessed, subject to the above said maximum, in approximately the same proportion to the compensation due CONTRACTOR for curbside service during the subject period as the number of Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of Curbside Service Unit collections which should have been made pursuant to this Agreement. (c) In addition to any other lawful means of effecting recovery of the damages assessed against CONTRACTOR the amount thereof may be deducted by CITY from money due or which may become due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR objects to such assessment or set-off, it shall nevertheless maintain full performance under this Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) Refunds or reduction of payments of CONTRACTOR's Customers shall be the sole responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the CONTRACTOR may condition such refunds or reductions or compensatory service upon the Customer's filing of a claim for the same with the CONTRACTOR. To the extent Bin or Roll -Off Service collections are made at CITY'S expense in the absence of CONTRACTOR's performance, CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' payments due to the CONTRACTOR. 40. FEES AND GRATUITIES: CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement, except such compensation as is provided for in this Agreement. However, CONTRACTOR may make available to Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a direct charge in each instance for such service under a written agreement which shall be subject to the approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render services of any kind to any person to the extent such services are not specifically required by the provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional services not provided for herein to one or more persons, to offer or render the same services to any other person or entity. 41. LEGAL RELATIONS AND RESPONSIBILITIES: 29 25A-37 (a) Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and Federal laws and regulations; provided, however, no amendment of the Code shall operate to change CONTRACTOR's right to decline to pick up and collect any material or matter which is not Solid Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not comply with the standards and limitations set forth in this Agreement, or otherwise operate to materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal laws become effective after the date of execution of this Agreement which require modifications to the terms hereof, the parties agree to meet and confer regarding any such modifications. (b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy. (c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it by City, County, State and Federal agencies. (d) Workers' Compensation Policy: CONTRACTOR shall maintain in full force and effect during the term of this Agreement, a workers' compensation policy in accordance with the provisions and requirements of the Labor Code of the State of California and such other forms of insurance as shall be required by law. The policy providing coverage shall provide that the insurance shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the CITY. Waivers of Subrogation shall be in effect for any claims asserted against the CITY which arise out of CONTRACTOR's operations and CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies. (e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the performance by CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees pursuant to Section 1 of this Agreement, of CONTRACTOR's covenants hereunder, or any failure or omission thereof. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less that the following minimum amount: One Hundred Million Dollars ($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY are clearly separate from CONTRACTOR's interests. Said policy or policies shall also contain a 30 provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. (f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recycling Vehicles: This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both collision and comprehensive insurance. The amount of auto liability insurance shall be not less than One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury and property damage for owned, non -owned and hired vehicles. Collision and Comprehensive coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on a loss -limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best Company with a minimum rating at A VII. The policy or policies shall contain severability of interest clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR's interests. The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify to CITY that adequate funds are available to pay any liability Self -Insured Retention, collision and comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or more of prior notice for material change in coverage, exclusions and conditions or cancellation will be endorsed onto CONTRACTOR's policies in favor of the CITY. Loss Payee endorsements or similar clauses will be endorsed onto CONTRACTOR's property insurance policies protecting the CITY'S Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy endorsements. (g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and employees, against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY and shall defend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the performance of the work. Insurance coverage specified in this Agreement shall in no way lessen or limit the terms of this indemnification. (h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school 31 and college districts regarding the Solid Waste collection regulations contained herein. (i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any term or condition of this Agreement or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 42. SUBCONTRACTORS AND MANAGEMENT: (a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first obtaining the consent of the City Council. (b) CONTRACTOR shall designate the person to be in charge of administering this Agreement. The CITY retains the right to reject said person at any time during the term of this Agreement upon reasonable grounds. Should the CITY require the replacement of any person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within which to designate, with the CITY'S approval, a new person. (c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of the covenants in subsections (a) and (b) hereinabove. 43. ACCOUNTING AND AUDITING: (a) The CONTRACTOR shall maintain financial records in accordance with generally accepted accounting principles. (b) CONTRACTOR shall make its records, reports, and methods of accounting available to the CITY'S designated representative during normal business hours to allow the such person to review and verify the information reported pursuant to this Agreement including, but not limited to, the information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22 through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported pursuant to Section 10 hereof. (c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice for the purpose of auditing such records. 44. BOND: The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00) conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in force for the complete term of this Agreement. 32 I " A C 45. MEDIA RELATIONS: The CONTRACTOR shall notify the CITY by facsimile of all requests for news media interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed response with the CITY. Copies of draft news releases or proposed trade journal articles shall be submitted to CITY for prior review and approval at least two (2) working days in advance of release. Copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) days after publication. 46. NOTICES: Any notice required by this Agreement shall be sufficiently served if personally delivered or if deposited into the U.S. Mail, postage prepaid, and if addressed as follows: If served by CONTRACTOR upon CITY: Executive Director of Public Works Public Works Agency City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, California 92701 If served by CITY upon CONTRACTOR: David Ross Senior District Manager Waste Management 1800 South Grand Santa Ana, California 92705 With a courtesy copy to: West Group General Counsel Waste Management, Inc 7025 N Scottsdale Road, Suite 200, Scottsdale, AZ 85253 47. GENDER AND NUMBER: As used herein, the masculine gender shall include the feminine and neuter, and the singular shall include the plural. 48. VALIDITY: 33 25A-41 The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 49. ASSIGNABILITY: CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of performance under this Agreement, whether by assignment or novation, without the prior written consent of the CITY; provided, however, that claims for money due or to become due to the CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management, Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within seven (7) calendar days of such assignment, merger or transfer. 50. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. ATTEST: PATRICIA A. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney JAMES G. ROSS Executive Director, Public Works Agency CITY OF SANTA ANA LOW 34 25A-42 DAVID N. REAM City Manager USA Waste of California, Inc., Title: DESCRIPTION Volvo FE42T, Class 7 Tractor EXHIBIT "A" The Licensed Equipment QUANTITY 23 Heil Rapid Rail 32 Cubic Yard Trailer with 23 Automated Lifting Arm and Packer Volvo WX64 Chassis 2 Heil Half -Pak Front Loading Body 2 Residential Wheeled Carts Per the Attached 120,000 Specifications 25A-43 SPECIFICATIONS Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa Ana, California Description Size A: 35 gallon Depth: 23.75 inches maximum (including handles) Width: 19 inches maximum Height: 35 inches maximum (to body rim) Size B: 64 gallon Depth: 27 inches maximum (including handles) Width: 24 inches maximum Height: 39 inches maximum (to body rim) Size C: 96 gallon Depth: 34.5 inches maximum (including handles) Width: 26 inches maximum Height: 43 inches maximum (to body rim) All three sizes must be available in green, grey and burgundy. Technical Requirements 1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body of the cart shall be molded to present a smooth interior and exterior surface. The body of the carts shall have a minimum wear strip under the floor of %2 inch (protecting the floor from abrasive contact with the street surface). 2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better. Average Wall Thickness: Size A: Not less than .140 inch Size B: Not less than .160 inch Size C: Not less than .165 inch Carts shall be suitable for use in temperature of >120' F to -200F. All plastic and component parts used in the construction of the carts shall be recyclable into other polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured with a minimum of 20% post consumer recycle content. Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the solution during the polymerization, prior to pelletizing, compounding and molding. Independent laboratory tests of the carts bid must accompany bid samples certifying compliance as specified in part 2 of the detailed specifications. 25A-44 3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120 lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap -on method which contains no metal components. No cotter pins, "Pal nuts" or similar restraining devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels shall be easily removed for replacement with a non -commercially available tool. Wheel Sizes: Size A: 8 inches Size B: 10 inches Size C: 12 inches 4. Axles: Axles shall be solid steel and electro -plated with black zinc for durability and long life. Carts should be designed in such a way as to prevent the axle from popping out. An axle, which is only press fitted and not secured in some additional manner will not be acceptable. Axle Sizes: Size A: 5/8 inch Size B: 6/8 inch Size C: 7/8 inch 5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be designed to fold over parallel to the back side of the cart when fully opened. Lids shall be factory assembled. 6. Locking Bar: The semi -automated lifting area shall be integrally molded with the body of the cart. The locking bar shall be able to rotate a full three -hundred sixty (360) degrees and shall be constructed of zinc -coated steel to prevent rust and corrosion. Plastic locking bars are unacceptable. 7. Certification by a certified independent laboratory shall be required of the following minimum standards and quality assurance measurements: 7.1 Drop Impact Test - material and weight shall be cold soaked at a temperature of not less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold chamber. Carts shall remain watertight after a minimum drop height of 15 feet. Test loads are as follows: Size A: 120 lbs. distributed Size B: 160 lbs. distributed Size C: 180 lbs. distributed 25A-45 7.2 Lift and Dump Test - shall verify the cart's compatibility with approved, commercially available, standard dumping equipment. Test shall be performed at room temperature with a cycle time that simulates lift, dump and return of 6 seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test loads are as follows: Size A: 160 lbs. distributed Size B: 250 lbs. distributed Size C: 350 lbs. distributed 7.3 Wheel/Axle Test - shall verify the combined durability of the wheels, axle and cart axle supports under fully loaded conditions. The two cycle tests shall be performed at room temperature as follows: Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to roll freely and be watertight after 1,000 drops. Cycle 2 - repeated with a 5.5" stair drop. Cart shall continue to roll freely and be watertight after 1,000 drops. Test loads shall be as follows: Size A: 125 lbs. distributed Size B: 200 lbs. distributed Size C: 350 lbs. distributed 7.4 Salt Spray - ASTM B 117-90 corrosion tests shall be applied to the lift bracket for a minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle shall remain corrosion free. 8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1-V, high alpha/numeric identification number on the front of the cart. An in -molded year/month date wheel identification will be located on the bottom of the cart. 9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or volume capacity. 9.1 Precautionary instructions shall be molded into the lids in English and Spanish as follows: Size A: Cart Capacity 35 Gallons Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 125 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. Size B: Cart Capacity 64 Gallons. Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 200 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. Size C: Cart Capacity 96 Gallons. Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 250 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. 9.2 The hot stamp text area size shall be as follows: Size A: 2%2" x 14" Size B: 3%2" x 18" Size C: 4%2" x 19" 10. References: Each bid shall include references of communities which have purchased like sizes and quantities of carts. For each reference, carts shall currently be in service for a minimum of 2 years. 11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials and manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6 through 10 shall be prorated. 25A-47 1. 2. EXHIBIT "C" Rates Effective July 1, 2005 CURBSIDE SERVICE Subject to the provisions of this Agreement, the City shall collect the rate of $14.93 on behalf of the Contractor for curbside service. This rate represents the CONTRACTOR's rate of $12.14, the City's administrative cost of $2.48, and the NPDES cost of $.31 per curbside service unit. The City shall collect the rate of $13.18 on behalf of the CONTRACTOR for all qualifying senior citizen and mobile park curbside service units. This rate represents the CONTRACTOR's rate of $12.14, the City's administrative cost of $0.73, and the NPDES cost of $.31 per curbside service unit. The City shall be permitted to retain its administrative and NPDES costs. Rates for each additional solid waste collection and recycling plastic cart shall be no greater than $2.00 per month. RESIDENTIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Residential Bin Service: Monthly Rate 1 YARD BIN X 1IWEEK $73.04 1 YARD BIN X 2/WEEK $131.11 1 YARD BIN X 3/WEEK $189.15 1 YARD BIN X 4/WEEK $247.25 1 YARD BIN X 51WEEK $305.26 1 YARD BIN X 6/WEEK $378.34 2 YARD BIN X 1/WEEK $78.70 2 YARD BIN X 2/WEEK $142.44 2 YARD BIN X 3/WEEK $206.17 2 YARD BIN X 4/WEEK $269.89 2 YARD BIN X 5/WEEK $333.63 2 YARD BIN X 6/WEEK $397.34 3 YARD BIN X 1/WEEK $114.30 3 YARD BIN X 2/WEEK $198.69 3 YARD BIN X NWEEK $283.00 3 YARD BIN X 4/WEEK $367.45 3 YARD BIN X 5/WEEK $451.81 3 YARD BIN X 6/WEEK $573.62 4 YARD BIN X 1/WEEK $134.95 4 YARD BIN X 2/WEEK $232.49 4 YARD BIN X NWEEK $330.01 4 YARD BIN X 4/WEEK $427.57 3 4 YARD BIN X 5/WEEK 4 YARD BIN X 6/WEEK $525.06 $674.94 CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins. COMMERCIAL/INDUSTRIAL BIN Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Commercial/Industrial Bin Service: Monthly Rate 1 YARD BIN X 1/WEEK $58.33 1 YARD BIN X 2/WEEK $101.64 1 YARD BIN X 3/WEEK $145.01 1 YARD BIN X 4/WEEK $188.42 1 YARD BIN X 5/WEEK $231.74 1 YARD BIN X 6/WEEK $290.05 2 YARD BIN X 1/WEEK $64.23 2 YARD BIN X 2/WEEK $113.55 2 YARD BIN X 3/WEEK $162.82 2 YARD BIN X 4/WEEK $212.07 2 YARD BIN X 5/WEEK $261.36 2 YARD BIN X 6/WEEK $333.06 3 YARD BIN X 1/WEEK $92.62 3 YARD BIN X 2/WEEK $170.32 3 YARD BIN X 3/WEEK $247.96 3 YARD BIN X 4/WEEK $325.61 3 YARD BIN X 5/WEEK $403.25 3 YARD BIN X 6/WEEK $518.29 4 YARD BIN X 1/WEEK $121.04 4 YARD BIN X 2/WEEK $219.55 4 YARD BIN X 3/WEEK $318.11 4 YARD BIN X 4/WEEK $416.71 4 YARD BIN X 5/WEEK $515.26 4 YARD BIN X 6/WEEK $666.18 CONTRACTOR may offer a discount in the commercial/industrial bin rates to a Commercial/Industrial Bin Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins. �Wjlffwprel 4. 5. ROLL -OFF SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Roll -Off Services: Container Size Haul Rate 10 Cubic yard $179.00 20 Cubic yard $179.00 40 Cubic yard $179.00 Additional Fee for Compactor $37.29 $37.29 $37.29 In addition to the Roll -Off Service rates set forth above, CONTRACTOR may charge the Roll -Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged at the Materials Recovery Facility. SPECIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Special Bin Services: (A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be emptied may be assessed no more than the following fees: (1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times emptied each week. (2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times emptied each week. (B) A bin which possesses casters may be assessed a caster charge of no more than $2.50 per bin per month. (C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors of not to exceed a multiplier of 1.5 times the normal bin rate for said service. (D) CONTRACTOR may charge a special service charge of no more than $2.00 a month times the number of times a week a bin is emptied for moving a bin out of an enclosure. (E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional bin pickup when such pickup is requested by a Customer. (F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer who requests a bin with a lock. 25A-50 (G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service. (H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2) cubic yard container. (1) CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who need temporary use of a three (3) cubic yard bin. (J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on difficult to service streets. (K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for overflowing bins. 6. EMERGENCY SERVICES (A) The rate per vehicle hour with a two (2) person crew providing emergency Roll -Off Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term of this Agreement. (B) The rate per vehicle hour with a two (2) person crew providing emergency Bin Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the term of this Agreement. 25A-51 WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE Name of Underlying Contract: Third Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana Date of Underlying Contract: June 19,1997 Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California Address: 20 Civic Center Plaza, Santa Ana, CA 92701 WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation TO THE BENEFICIARY IDENTIFIED ABOVE: With respect to that certain underlying contract identified above (hereinafter the "Agreement") dated as of the above specified date by and between the WMH Contracting Company identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a Delaware corporation (hereinafter "WMH"), hereby irrevocably and unconditionally guarantees to the Beneficiary the performance of all obligations and the due and punctual payment of all amounts payable by the Contractor to the Beneficiary under the Agreement when the same shall become due and payable in accordance with the terms of the Agreement. Upon failure of the Contractor punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to WMH at its address set forth below (or to such other address or person as WMH may specify in writing), WMH agrees to perform or cause to be performed and to pay or cause to be paid such amounts. Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit, proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such failure, and (iii) there shall not have occurred and be continuing any material breach by the Beneficiary of its obligations under the Agreement. WMH hereby agrees that, except as expressly provided herein, its obligations hereunder will be unconditional and will not be discharged except by complete payment or other lawful discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement, irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment against the Contractor, the failure to commence any action to enforce a judgment against the Contractor under the Agreement or any similar circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor generally. 25A-52 Except as set forth above, WMH hereby waives diligence, presentment, demand on the Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor and protest or notice, except as provided for in the Agreement with respect to amounts payable by the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the Contractor or WMH or otherwise, WMH's obligations hereunder with respect to such payment shall be reinstated upon such restoration or return being made by the Beneficiary. WMH represents the Beneficiary as of the date hereof that: (1) it is duly organized and validly existing under the laws of the jurisdiction of its incorporation and has full corporate power and legal right to execute and deliver this Guarantee and to perform the provisions of this Guarantee on its part to be performed; (2) its execution, delivery, and performance of this Guarantee have been and remain duly authorized by all necessary corporate action and do not contravene any provision of its certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it or its assets; and (3) this Guarantee is its legal, valid and binding obligation enforceable against it in accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by general equity principles. By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that WMH shall be subrogated to rights of the Beneficiary against the Contractor in respect of any amounts paid by WMHA pursuant to the Guarantee. WMH acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that WMH will receive substantial benefit from the performance of the Agreement. Neither this Guarantee nor the Agreement may be amended without the advance written consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a written instrument so executed. If WMH shall default in the performance of its obligations hereunder, WMH shall pay to the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH, including reasonable attorney fees and court costs. Any notice or other communication required or permitted by the terms hereof shall be in writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40th Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall specify in writing to the Beneficiary at its above-specified address or such other address as the Beneficiary shall notify to WMH as provided herein. 25A-53 This Guarantee shall be governed by and construed in accordance with the internal laws of the State of Illinois applicable to contracts made to be performed therein. The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's acceptance of and agreement to each and every term hereof. WASTE MANAGEMENT HOLDINGS, INC. RECEIVED AND ACCEPTED: (Beneficiary) By: By: Its: Its: 25A-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2006 TITLE: RENEW AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR ADULT CROSSING GUARD PROGRAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with All City Management Services, Inc. for the Adult Crossing Guard Program for an additional one- year term, in an additional amount not to exceed $851,855. DISCUSSION On January 18, 2005, Council approved a one-year agreement with All City Management Services, Inc. (ACMS), to staff the Adult Crossing Guard Program per the requirements specified in a Request for Proposal. The Adult Crossing Guard Program ensures safe pedestrian movement of children around elementary schools within Santa Ana. The Police Department's evaluation over the past year has determined that ACMS has met all the requirements of the agreement. Staff recommends a one-year renewal of this agreement as the consultant has performed satisfactorily during the previous agreement period. FISCAL IMPACT Funds for the first four months are available in the Police Department, Traffic Division Other Contractual Services account (account no. 011-333- 6291). Funds for the last eight months of the renewal will be included in the FY 06-07 budget. Paul /M- Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 1� I 25B-1 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: AGREEMENT WITH O' REILLY & ASSOCIATES FOR RAPID RESPONSE LAYOFF AVERSION STUDY CITY MANAGER RECOMMENDED ACTION education 2st CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ 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 O'Reilly & Associates in an amount not to exceed $60,000 to complete a Layoff Aversion Study for the Santa Ana W/O/R/K Center's Rapid Response services and activities under the Workforce Investment Act's Rapid Response Grant. DISCUSSION On November 7, 2005, the Santa Ana W/O/R/K Center issued a Request for Proposals to procure a layoff aversion study funded by the Rapid Response Grant. The role of Rapid Response is to assist workers to quickly return to productive positions in the workforce and assist employers to explore alternatives to layoffs through human resource solutions. The W/O/R/K Center staff reviewed and rated proposals based on the following criteria: past experience, comprehensiveness of services, and reasonableness of cost. O'Reilly & Associates was selected as a result of the selection process. O'Reilly & Associates will conduct an analysis of local Santa Ana businesses using the Dunn and Bradstreet's Financial Stress Analysis Model to identify businesses most likely at risk of layoffs. Services will also include on-going consultation to identify strategies for the provision of Rapid Response layoff aversion services. 25C-1 Rapid Response Layoff Aversion Study March 6, 2006 Page 2 FISCAL IMPACT Funds for this agreement are available in the Workforce Investment Rapid Response account (account no. 123-166-6291). Patricia C. Whitaker Executive Director Community Development Agency PCW/Cd1R/mlr APPROVED AS TO FUNDS AND ACCOUNTS: .,� �,, Francisco Gutierrez Executive Director Finance & Management Se ices Agency H:\ACTIONS\2006 CC\AgreeO'ReillyRapidRespLayoffAversionStudy 3-6-06.doc 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: AGREEMENT WITH SECURITY SOLUTIONS INTERNATIONAL FOR COUNTER -TERRORISM TRAINING wl oei, - CITY MANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For 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 Security Solutions International to provide counter -terrorism training in an amount not to exceed $14,000. 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, training, and systems to prevent, respond to, and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases and training approved and authorized by the federal Office of Domestic Preparedness. The Santa Ana Police Department administers UASI grant and in this capacity, works closely with other Orange County homeland security grant recipients to develop regional homeland security strategies. The Orange County Sheriff's Department, which administers the State Homeland Security Grant Program, recently received training from Security Solutions International. This company specializes in providing counter -terrorism training that relates to protecting critical infrastructure. The training provided by Security Solutions International has helped the Sheriff's Department personnel gain a better understanding of the issues dealing with critical infrastructure protection. The Santa Ana Police Department would like to provide this same training to its personnel so they can increase their understanding of critical infrastructure protection and develop more effective homeland security strategies. 25D-1 Agreement for Counter Terrorism Training March 6, 2006 Page 2 Staff recommends entering into an agreement with Security Solutions International in an amount not to exceed $14,000 for the purpose of providing training to police department personnel. FISCAL IMPACT Funds are available in the FY 2004 UASI Grant Other Contractual Services account (account no. 125-331-6291-33108). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters rancisco Gu ierrez' Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: AGREEMENT FOR TASK FORCE INVESTIGATIONS SOFTWARE TRAINING CITY MANAGER RECOMMENDED ACTION CLERK OF GOUNCIL Ubt ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Council to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Systems Research and Applications Corporation for training services in use of the "Task Force Investigations" software in an amount not to exceed $14,000. DISCUSSION Currently the Police Department uses Systems Research and Applications Corporation's (SRA) "Task Force Investigations" software, a powerful analytical investigative program to support complex criminal investigations and prosecutions. SRA has agreed to present two 40 -hour Basic "How to Use Investigations" and a 40 -hour "Advanced Investigations" course. This training is essential to ongoing efforts to maintain and develop staff efficiency in the use of the new and enhanced features as well as advanced capabilities of the software. FISCAL IMPACT Funds are available in the Police Department's EDI Grant, Other Contractual Services account (account no. 141-151-6291). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: !� rancisco Gutierrez (W Executive Director Finance & Mgmt. Services Agency 25E-1 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONTRACT AMENDMENT WITH TEMPLO CALVARIO CDC FOR PRE - EMPLOYABILITY SKILLS AND NETWORKING CIT MANAGER RECOMMENDED ACTION VA -4 tion jsr CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a contract amendment with Templo Calvario CDC to increase the amount of the current agreement by $122,500 not to exceed $350,000. DISCUSSION In June 2005, the City of Santa Ana W/O/R/K Center received a $500,000 grant from the Department of Labor Faith -based initiative to work with Faith -Based Organizations for the provision of employment and training services to Santa Ana residents. This grant requires that at least seventy percent of the grant or $350,000 will be sub -contracted to Faith -Based Organizations in the community. As a result, the W/O/R/K Center issued Phase I of the Request for Proposals (RFP) in August of 2005, and subsequently, recommended awarding a contract to Templo Calvario. On October 17, 2005, the Santa Ana City Council approved the initial contract of $227,500 to Templo Calvario to serve 130 individuals within a designated census area(s) that has high poverty rates and a hard -to - serve population. As directed by the Department of Labor, Phase II of the RFP was issued to broaden the Faith -Based Organizations' participation in the implementation of this grant. However, no responses were received to the Phase II RFP. In an effort to fully utilize the balance of the required subcontracting amount, the Santa Ana Workforce Investment Board 25F-1 Contract Amendment with Templo-Calvario March 6, 2006 Page 2 has recommended that the balance of $122,500 be awarded to Templo Calvario CDC to augment their original contract. These funds will be used to provide employment opportunities to 70 additional individuals such as ex -offenders, drop -outs, limited English speakers, and welfare clients who wish to enter the job market; and to assist in developing collaborative working partnerships between local grassroots Faith -Based Organizations and the Santa Ana W/O/R/K Center. FISCAL IMPACT Funds are available in the Department of Labor Faith -Based Organization grant account (account no. 132-702-6933). APPROVED AS TO FUNDS AND ACCOUNTS: _ Patr'cia C.*Wtak 14�s/Francisco Gutierrez fJ Executive Director Executive Director Community Development Agency Finance & Management Service Agency PCW/BG/mlr H:\ACTIONS\2006 CC\ContAmendTemplo-Calvario 3-6-06.doc 25F-2 Education tSt. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE AGREEMENT WITH HI DESERT COMMUNICATIONS ITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare Clerk of the Council to execute a Communications for maintenance and $20,000. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER and authorize the City Manager and one-year agreement with Hi Desert repairs in an amount not to exceed In June 2004, the City Council approved an agreement with Hi Desert Communications to install the Fire Department's Zetron Fire Station Alternate Alerting System. This system alerts the fire stations of emergency dispatch calls using both audio (buzzer) and visual (colored lights). Hi Desert is the sole local authorized Zetron maintenance and warranty provider. In order to help ensure efficient response to emergencies, the Fire Department staff recommends entering into an agreement with Hi Desert Communications for maintenance of the fire station alerting system. FISCAL IMPACT Funds are a Flab e in the Fire Department's Communications, Other Contractual er ice account (account no. 011-322-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Phi1 p M. Garcia rancisco Gutierrez Fi e hief Executive Director Fi e epartment Finance and Mgmt. Services Agency 25G-1 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: AMENDMENT TO AGREEMENT WITH SYSTEM INNOVATORS INCORPORATED FOR COMPUTERIZED CASHIERING SYSTEM RDWARE MAINTENANCE CITY MANAGER RECOMMENDED ACTION Y ducanon l,sr CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Is, s Reading El Ordinance on 2n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the agreement with System Innovators Incorporated for one year in an amount not to exceed $23,000 for computerized cashiering software and hardware maintenance for the Finance and Management Services Agency. DISCUSSION The Finance and Management Services Agency; Parks, Recreation and Community Services; and the Police Department uses System Innovators' cashiering related software and hardware to process the receipt of City revenues. This includes payments for Municipal Utility Services bills, business license tax, hotel visitors' tax, parking citations and all other payments to the City. The recommended action will provide for the City to continue its, annual agreement with System Innovators to provide software maintenance and updates, as well as hardware maintenance and repair. FISCAL IMPACT Funds are budgeted and available in the Finance & Management Services Agency Treasury Division account (account no. 11-175-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency �� 25H-1 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY TO FUND BRISTOL STREET CORR3pJDR, IMPROVEMENTS CITY MANAGER RECOMMENDED ACTION QdVunon j9c CLERK OF COUNCIL USE ONLY: E17�:ZiPl�� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement for a Funding Plan with the Orange County Transportation Authority in the amount of $225 million for Bristol Corridor Improvements between Warner Avenue and Seventeenth Street. 2. Approve an appropriation adjustment accepting $18.05 million for fiscal year 2005/2006 from the Orange County Transportation Authority in the project revenue account (account no. 59-01-5335) and appropriate the funds to the project expenditure account (account no. 59-551-6631) for improvements of Bristol Street between Warner Avenue and Seventeenth Street. DISCUSSION The widening of Bristol Street between Memory Lane and Warner Avenue was envisioned in 1990 with certification of the environmental document. At the same time City was working on a planning document to incorporate the land use and zoning of the Corridor. The Bristol Corridor Specific Plan was approved by City Council in 1991. Since then the City has been aggressively seeking funds to implement the Specific Plan. The first segment to receive funding was between St Andrew Place and McFadden. This segment was completed in 2003 for a total cost of $44 million. The second segment, Elm to Memory Lane was completed in 2004 for a total cost of $4.5 million. The third segment which is between Third & Pine Streets has been designed and will be under construction in summer of 2006. The Orange County Transportation Authority (OCTA) adopted their 2006 State Transportation Improvement Program at their November 28, 2005 meeting. As part of this comprehensive program, they approved a funding Plan of $225 million for the Bristol widening between Warner Avenue and Seventeenth Street. OCTA committed to program $125 million from Gas Tax 251-1 Cooperative Agreement With OCTA March 6, 2006 Page 2 Subvention funds in fiscal years 2006/7 through 2011/12 and to seek an additional $100 million from other sources including federal appropriations, state grants or local funds. The first $125 million cash flow will be provided to the City according to the attached exhibit (Exhibit 1). In order to meet the funding cash flow availability from OCTA, the improvements between Warner Avenue and Seventeenth Street will be done in four phases: Phase I McFadden to Pine Phase II Third to Civic Center Phase III Civic Center to Seventeenth St. Phase IV Warner to St. Andrew Place A major cost of the widening is acquisition of properties along Bristol. A total of 138 residential and 98 commercial properties are involved in this project. It is estimated that Phase I & II will be completed by 2011 and Phases III & IV by 2013. This cooperative agreement will establish the roles and responsibilities between OCTA and the City. The City will bear the majority of the responsibilities for widening of Bristol Street. The City will be responsible for right-of-way acquisition, preparation of the construction documents, utility relocation & undergrounding, bid advertisement, award and administration of the construction contract. In addition the City will be handling the notification to the property owners, businesses and the adjacent neighborhood associations. Several meetings will be arranged to fully inform the community of the scope of the project, the process of property acquisition and relocation and the construction scheduling. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will increase the Select Street Program revenue account (account no. 59-01-5335) by $18.05 million and the expenditure appropriation by $18.05 million (account no. 59-551-6631) to widen Bristol Street between Warner Avenue and Seventeenth Street. Tames G. Ross �V\ 'E'xecutive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: �n n Francisco Gutierrez (I Executive Director Finance & Mgmt. Services Agency 251-2 251-3 251-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: CONSULTANT AGREEMENTS FOR BRISTOL STREET CORRIDOR IMPROVEMENTS c CITY MANAGER RECOMMENDED ACTION Ir.ducacion Isr CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Amend consulting contracts with the following consultants to provide right-of-way services for the Bristol Corridor widening between McFadden and Pine Street: • Overland Pacific & Cutler for a total contract amount of $350,000 • Paragon Partners for a total contract amount of $350,000 • Hennessey & Hennessey for a total contract amount of $200,000 • Lidgard and Associates for a total contract amount of $200,000 2. Direct the City Attorney to prepare and authorize the City Manager to execute agreements with California Property Specialists (CPSI) to provide right-of-way management and contract administration for a total contract amount of $475,000; and with Real Estate Consulting & Services Inc. to provide property management services for a total contract amount of $150,000. DISCUSSION The Orange County Transportation Authority (OCTA) adopted their 2006 State Transportation Improvement Program at their November 28, 2005 meeting. As part of this comprehensive program, they approved a funding Plan of $225 million for the Bristol widening between Warner Avenue and Seventeenth Street. OCTA committed to program $125 million from Gas Tax Subvention funds in fiscal years 2006/7 through 2011/12 and to seek additional $100 million from other sources including federal appropriations, state grants or local funds. 25J-1 Cooperative Agreement With OCTA March 6, 2006 Page 2 To meet the ambitious schedule of completing Phase I in 2011, a team of consultants is needed to assist City staff with right-of-way acquisition. Currently the City has agreements with several consulting firms to provide appraisal and acquisition services for the Bristol Street between Pine and Third. Amendment of those contracts will allow continuity of the work. In addition, Public Works Agency issued request for proposals to several firms for other right-of-way acquisition services. In response to the RFP for right-of-way management and administration, two proposals were received. In response to RFP for property management services, one proposal was received. Proposals were reviewed by a panel of staff from Public Works and City Attorney's office and following is the ranking of the consultants: Right-of-way Management Firm Ranking Cost CPSI 98 $475,000 Universal 78 $485,000 Property Management Real Estate Consulting 80 $150,000 & Services Inc Fees and hourly rates for the recommended consultants are reasonable and in line with staff's estimates. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds to pay for these services will be paid from the proceeds of the $125 million from OCTA (account no. 59-551-6631) to widen Bristol Street between Warner and Seventeenth Street. APPROVED AS TO FUNDS AND ACCOUNTS: James GK Ross j' rancisco Gutierrez fj Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: UNITED STATES CONFERENCE OF MAYORS DUES CITY MANAGER RECOMMENDED ACTION Education lsr CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City of Santa Ana's membership with the United States Conference of Mayors in the amount of $16,506. DISCUSSION The U.S. Conference of Mayors represents the interests of municipal leadership throughout the United States. The U.S. Conference of Mayors monitors federal issues, initiates programs to support the services and activities of local government, and sponsors training seminars and conferences to educate mayors on legislative and policy matters of interest. The membership dues are determined on a per capita basis, and the dues for calendar year 2006 are $16,506. FISCAL IMPACT Funds for this membership are available in the City Manager's Office, Legislative Affairs, Other Agency Services account (account no. 11-011- 6251). APPROVED AS TO FUNDS AND ACCOUNTS: tcz g'rancisco Gutierrez ft.)Executive Director Finance & Management Services Agency 29A-1 We REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 CentMaA� , �aucation 1st TITLE: CONDITIONAL USE PERMIT NO. 2005-33 TO ALLOW THE EXPANSION OF AN EXISTING CEMETERY AT 1701 EAST FAIRHAVEN AVENUE — FAIRHAVEN MEMORIAL P K, APPLICANT c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2005-33 as conditioned. PLANNING COMMISSION ACTION On February 13, 2006, the Planning Commission approved Conditional Use Permit No. 2005-33 as conditioned by a vote of 6:0 (Rodriguez absent) to allow the expansion of the existing cemetery in the General Agricultural (Al) zoning district at 1701 East Fairhaven Avenue (Exhibit A). The Planning Commission added conditions relating to the potential addition of olive trees to the landscape palette, the design of the mosaic niches, the design of an entry water feature and standards for traffic control for pedestrian crossings between the south garden and north garden across Fairhaven Avenue during special services. FISCAL IMPACT There is no fiscal impact associated with this action. Jay Trevino ExU tive Director Planning & Building Agency KH:rb kh\fairhaven memorial park expansion\cup05-33.cc 31A-1 REQUEST FOR Planning Commission Action 0 ' itiaucauon lsi PLANNING COMMISSION MEETING DATE: FEBRUARY 13, 2006 TITLE: PUBLIC HEARING - FILED BY FAIRHAVEN MEMORIAL PARK FOR CONDITIONAL USE PERMIT NO. 2005-33 TO ALLOW THE EXPANSION OF AN EXISTING CEMETERY PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Prepared by Karen Haluza �'� '��Gt„A� r �•-( � AL1 c.� Executive Director Planning WiKaaer RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-28. 2. Adopt a resolution approving Conditional Use Permit No. 2005-33 as conditioned. Prior Planning Commission Action On January 23, 2006 the Planning Commission held a public hearing to consider this proposed project. During that meeting the Planning Commission expressed concerns with the quality of the mausoleum architecture, the seeming incongruity of the semi -private mausoleums and pavilion building architecture with the community mausoleum, the quality of the building materials and that they lack the sense of permanence such a structure demands and that materials such as real stone would provide. The Commission requested more detail on the community mausoleum windows as the plans were not clear as to whether the windows were faux or real. The Commission recommended that any spandrel glass be replaced by granite niches or decorative ironwork. The Commission also requested more detail about how the interior of the community mausoleum would work and what the other elevations would look like. The Commission also discussed the need for a signal, or other form of protected pedestrian crossing, between the existing southern cemetery and the proposed northern expansion. The Commission directed staff to work with the applicant to answer these questions, work to improve the building materials and architecture and provide further details. After the public hearing was conducted, the Commission voted to continue the item to the meeting of February 13, 2006. EXHIBIT A ik Conditional Use Permit No. 2005-33 February 13, 2006 Page 2 Since that time the project architect, Mr. Barry Boudreaux of J. Stuart Todd Architects, has worked to revise the plans to address the Commissions' concerns. A floor plan for the mausoleum has been provided that clarifies the location of the windows and shows that no spandrel glass is proposed on any elevation. The stucco finish that appears on certain portions of the community mausoleum has been changed from a sand finish to a smooth plaster finish. The stone veneer has been changed from cultured stone, to a real stone that will match that currently found on the Waverley Church. Window niche details are clarified as being surfaced with granite. The surface finishes of the Orange Blossom Pavilion building have been changed to match the community mausoleum building. Elevations for all sides of the community mausoleum have been provided. The semi -private mausoleums have been revised to eliminate the terra cotta tile and replace it with granite. The Planning Commission also discussed the need to provide for safe pedestrian crossings between the existing south garden and the new north garden. Given that the crossing location occurs mid -block less than 500 feet from a signalized intersection at Cambridge and Fairhaven, staff in Public Works and Planning worked together to explore options that would achieve a safe pedestrian crossing situation, but would not create a conflict for drivers with the existing signal. Staff has identified two options that could be used to achieve this goal. Option 1 - Require A Traffic Signal And Fully -Improved Pedestrian rrnc cc.7a l I - The crossing between the south and the north garden constitutes a mid - block crossing for purposes of pedestrian crosswalk design as it is not located at the intersection of two streets, but rather consists of two private driveways. Fairhaven Avenue is a major thoroughfare in the city with a posted speed limit of 45 mph. Creating a safe situation for a pedestrian crossing at this location can only be achieved by the addition of a full traffic signal and crosswalk improvements. The cost for this improvement is estimated at $270,000 and would be the responsibility of the applicant. If the Commission chooses this option, the following draft language is provided as a suggestion for a new condition of approval: "The project shall include public improvements at the proposed Fairhaven Avenue entrance including a traffic signal, access ramps, sidewalk, and colored concrete paved crosswalks across all four legs of the intersection, subject to the approval of the City ikii_I_S] Conditional Use Permit No. 2005-33 February 13, 2006 Page 3 Engineer. Prior to issuance of a building permit the applicant shall: 1) Record legal documents for dedication of easements in favor of the City of Santa Ana for the public improvements; 2) Submit for review and approval street improvement plans for all work required to be constructed within the public right-of-way; 3) Construct the public improvements to the satisfaction of the City Engineer." Option 2 - Require Traffic Control During Events Where Pedestrians Will Cross From The South To The North Garden Currently, the existing north garden does not have facilities for indoor services, nor does it have a parking lot. Patrons who attend services on the south side of Fairhaven must walk across the street to the gravesites. With the construction of the new north garden there will be on-site facilities for services, as well as on-site parking. This will result in a significant reduction in the need for crossing from the south to the north garden. The need to cross mid -block would occur almost exclusively during larger burial services. During these events the staff at Fairhaven Memorial Park would provide uniformed security guards to provide traffic control and to direct pedestrians safely across the street. This method of pedestrian and traffic control would allow for full processions, as needed, and would provide the desired effect of ceremony and respect for those attending the service. The number of times during the week that traffic control is required for pedestrian crossings at this location is relatively small compared to the overall time that Fairhaven functions as a major thoroughfare. The use of uniformed security guards could provide more than adequate safety for pedestrians and motorists alike without the need for the installation of a traffic signal that could cause potential conflicts with the existing signal at Fairhaven and Cambridge, as well as being a very costly improvement. If the Commission wishes to choose this option, the following draft language is provided as a suggestion for a new condition of approval: "During events at Fairhaven Memorial Park, where guests will be crossing Fairhaven Avenue, the staff of Fairhaven Memorial Park shall provide uniformed security guards in a number sufficient to achieve traffic control that will allow pedestrians to safely cross Fairhaven Avenue. These uniformed security guards shall be present during the entirety of the service in order to provide for safe pedestrian crossing and to control and direct traffic as needed." 31A-4 Conditional Use Permit No. 2005-33 February 13, 2006 Page 4 The remainder of this staff report provides project details that were presented at the January 23, 2006 Planning Commission meeting. DISCUSSION Request of Applicant Fairhaven Memorial Park and Mortuary is requesting approval of a conditional use permit to allow the expansion of the existing cemetery operations to property owned by Fairhaven located directly across the street on the north side of Fairhaven Avenue. Property Description The project site is an approximately eight -acre rectangular parcel located immediately across the street from the existing Fairhaven Memorial Park and Mortuary, and adjacent to Fairhaven's North Park Expansion located on the northeast corner of Fairhaven Avenue and Cambridge Street. The property is currently in agricultural use and is under lease to a nursery operation. The site also contains an orange grove, which is no longer actively cultivated. Surrounding land uses include single family residential to the north, existing cemetery to the south, existing cemetery to the west and single family residential houses to the east, including the Campbell House, which will not be altered as part of this project (Exhibits 1 and 2). Project Description The project consists of the expansion of Fairhaven's existing cemetery operations. In addition to the creation of new grounds for single -depth gravesites, the project also will include the construction of semi- private mausoleums, family estate plots, a pavilion building for services, a new community mausoleum, parking lot, artwork, water features and extensive landscaping. The project will be constructed in two phases with Phase I improvements beginning immediately following project approval and Phase II improvements by 2008. The following table details the improvements to be constructed by phase. 31A-5 Conditional Use Permit No. 2005-33 February 13, 2006 Page 5 Phase I Phase II • Landscaped grounds - 4.26 acres • Landscaped grounds - 3.97 acres • Community Mausoleum - 3,024 sq. • Community Mausoleum - 7,200 sq. ft. ft. • 3 Semi -Private Mausoleums - 256 • Parking Lot - 33 spaces sq. ft. ea. • Pavilion Building - 1,604 sq. ft. • Parking Lot - 22 spaces Project Edges The north project perimeter will include an existing row of mostly mature Italian Cypress trees adjacent to an existing masonry block wall that will be painted a uniform color on the cemetery side. In addition, landscape pockets have been included that will allow for the growth of mature trees at intervals along the northern border in order to create a lush landscape edge and buffer for the single family homes to the north. As part of its public outreach for the project, representatives of Fairhaven Memorial Park held community meetings to describe the project to the adjacent residents. At these meetings, the residents expressed their desire to retain the existing mature Italian Cypresses and to not have their existing masonry wall disturbed. The western project perimeter adjoins the existing Fairhaven North Garden constructed in the early 1990s. The existing chain link fence will be removed and the new cemetery property will be completely integrated with the existing North Garden including the continuation of the existing road which will provide a secondary entrance to the property from Cambridge Street. The southern perimeter of the project, adjacent to Fairhaven Avenue, will retain the existing London Plane street trees and replace as necessary. The perimeter fencing will be a continuation of the North Garden fencing that features open wrought iron with decorative masonry pilasters. A 35 -foot landscape setback will be included for the majority of the project frontage providing a thick landscape edge to soften the mausoleum buildings proposed for this location. The primary entry for the project will be located off of Fairhaven Avenue and will include a decorative colored concrete band at the entrance apron. The entry also will include a linear water feature leading to a decorative roundabout intersection feature, which will include a sculpture at its center. Conditional Use Permit No. 2005-33 February 13, 2006 Page 6 Pedestrian Circulation There is currently no sidewalk along the south side of Fairhaven Avenue immediately adjacent to the existing cemetery. Guests who park in the parking lot on the main cemetery property to attend internment services for gravesites in the North Garden across the street must walk west along the landscape setback area to the intersection of Cambridge Street and Fairhaven Avenue and then cross at the signalized intersection. The project will add a new sidewalk adjacent to the curb along Fairhaven Avenue, which will tie in to the existing sidewalk that begins at the intersection of Cambridge Street. Although the majority of the parking for most services will be accommodated within the expanded North Garden itself, for services which occur within the Waverley Chapel some guests may choose to park on the south side parking lot and walk across the street to the gravesite. The new sidewalk will provide for adequate pedestrian circulation and safe direction to the crosswalk and signalized intersection. Mausoleum Architecture When completed, the new community mausoleum will extend for approximately 520 feet along Fairhaven Avenue. The constraints of mausoleum architecture, much of which is mandated through State regulations, present a design challenge. The architect for this project, J. Stuart Todd, has endeavored to meet the strict demands required to design this most permanent type of building, while at the same time providing a pleasing fagade along Fairhaven Avenue. Designed to play off of the architectural elements of the Waverley Chapel, the mausoleum fagade will be articulated with a peaked roofline at intervals, extensive use of stone cladding, faux windows, mosaic niches, and decorative wrought iron gates. The building will be set back 35 feet from Fairhaven Avenue and will be further softened by a variety of 24 -inch box trees throughout the setback. Parking The Santa Ana Municipal Code (SAMC Sec. 41-1411) requires one parking space for each 35 square feet of floor area in seating areas without fixed seats for chapels, such as the pavilion building. This results in the need for 45 parking spaces. The project provides 55 spaces, as well as the ability to park on the internal circulation road as is common in cemeteries. 31A-7 Conditional Use Permit No. 2005-33 February 13, 2006 Page 7 Analysis of the Issues Originally established in 1911 by Mr. Oliver Halsell, the Fairhaven Memorial Park and Mortuary is one of the oldest and most respected cemeteries in Orange County. Its original mausoleum, built in 1916, was one of the first constructed in California. Since its initial founding, the cemetery has continued to expand its property holdings and the services it provides including the construction of additional mausoleum space. The subject property has been owned by Fairhaven since approximately 1956 and has long been planned for use as an expansion site for the cemetery. This expansion is being requested so that the cemetery may continue its mission of providing "caring and dedicated funeral planning and a lasting memorial in an environment of warmth and beauty." The proposed project is consistent with the General Plan land use designation of Open Space, which anticipates cemetery uses. The proposed construction of approximately 12,596 square feet of mausoleum and chapel space is well below the amount of square footage that could be constructed on the site per the Open Space FAR of 0.2. The property, zoned General Agriculture (Al), allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning district (SAMC Sec. 41-201.5). The proposed project meets or exceeds all of the City's development standards. Chief among the issues to be considered with the proposed expansion was the need for the project to be sensitively integrated into the urbanized environment that has developed around it. With the existing cemetery to the south providing a pleasing mature landscape edge along Fairhaven and the existing single family homes to the north, it was important that the new cemetery be planned in such a way as to be an enhancement to the area. The 35 -foot landscape setback along the majority of Fairhaven Avenue, extensive use of landscaping throughout the interior of the project and especially along the northern perimeter, the decorative entry along Fairhaven Avenue and the inclusion of a new sidewalk all serve to sensitively integrate this project into its existing setting. Public Outreach On August 29, 2005 representatives of Fairhaven Memorial Park hosted a community meeting to discuss the proposed project with the homeowners adjacent to the property on the north. Those who attended were Conditional Use Permit No. 2005-33 February 13, 2006 Page 8 generally supportive of the project and had questions primarily relating to clean-up of the existing site and preservation of landscape views. Fairhaven representatives also met individually with homeowners who requested additional information. The Planning Commission meeting of January 23, 2006 was the subject of a regularly noticed public hearing with publication of the meeting notice appearing in the Orange County Reporter newspaper and mailed to all property owners within 300 feet of the proposed project. Summary and Conclusion Based on the above analysis, staff recommends that the Planning Commission approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-28 and adopt a resolution approving Conditional Use Permit No. 2005-33 as conditioned to allow the expansion of the existing cemetery. CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Review No. 2005-28 has been prepared for this project (Exhibit 3). This document was released for public review on December 22, 2006 with a Notice of Intent being published in the Orange County Register. The review period closed on January 20, 2006. As of the writing of this staff report, no comments had been received on the Mitigated Negative Declaration. The analysis contained in the Mitigated Negative Declaration determined that the project would not result in any impacts that could not be mitigated to a less than significant level. Karen Haluza, AICP Planning Manager KH j m kh:\fairhaven memorial park expansion\cup05-33.021306.pc C i t y o 7 O r a n g e R1-7200 60-R1-7200 GENERAL AGRICULTURAL Al 60 -Al -7200 R1 Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C -SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE -FAMILY RESIDENCE Cl COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1 -MD COMM. COMMERCIAL -MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3 -A CENTRAL BUSINESS -ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 05-33 FAIRHAVEN MEMORIAL PARK EXPANSION 1701 EAST FAIRHAVEN AVENUE - 500FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D 1 N G A G E N C Y EXHIBIT 1 31 A-10 z (n w W J w W w W J W W w W Q w w W W 11,LE FAM LY ESI ENTAL W W W� w LLw Qw 3xw2 ¢ 2 � (n Z w - () 2 R 2 cc ('jLE FAM LY ESIDE TIAL 3 � x o ALBION AVENUE wS G L E S L Z w Lu Lu Lu (A � Lu P R O J E C T I T E _ ~ ~ a �w ¢ > o � o a Lu Q W U O m Q C7 2 O � FAIRHAVEN AVENUE Y G E M E T E R y W O — 2 W tt1 O s CUP 05-33 FAIRHAVEN MEMORIAL PARK EXPANSION 1701 EAST FAIRHAVEN AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A-11 > > J J w Q w S o Lu O J Vi C7 W 2 R CUP 05-33 FAIRHAVEN MEMORIAL PARK EXPANSION 1701 EAST FAIRHAVEN AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A-11 MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700 . Fax (714) 973-1461 www.santa-ana.org NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Fairhaven Memorial Park Expansion Project Description: The proposed project is a request for a conditional use permit to expand Fairhaven Memorial Park Cemetery Project Location: 1701 Fairhaven Avenue Project Number: ER -2005-28 Public Review Period: 12/22/2005 to 01/20/2006 Hearing Date: 1/23/2006 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 01/20/2006. Please direct your comments to Dan Bott: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Karen Haluza at (714) 667-2700. RHCB\Inotice\er CUP 05-33 ST9132 GS. 606-2 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRHAVEN MEMORIAL PARK EXPANSION ER -2005-28. Prepared City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 December 2005 iki EMS &I FAIRHAVEN MEMORIAL PARK EXPANSION INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2005-28 PROPOSED PROJECT The proposed project is a request for a conditional use permit to expand Fairhaven Memorial Park Cemetery. SETTING The project site consists of approximately 8 -acres and is located in the northeastern portion of the City of Santa Ana, Orange County, California. As shown on Exhibit 1, local access to the project site is provided from Cambridge Street and Fairhaven Avenue. Regional access to the project site is provided from State Route 22 via the Tustin Avenue exit. The project site currently exists has an orange grove and a storage area for boxed palm trees. The project site is situated within urbanized setting and is surrounded by single-family residential neighborhoods to the north, west and east, and a portion of the existing Fairhaven Memorial Park to the south. An existing single family residence owned by Fairhaven Memorial Park is located at the southwest corner of the project site. The General Plan designation for the project site is Open Space. The Open Space designation applies to parks, water channels, cemeteries and other open space uses. The zoning for the project site is Agriculture. Under the Agriculture designation, cemeteries are conditionally permitted. PROJECT DESCRIPTION The proposed project involves an expansion of the Fairhaven Memorial Park Cemetery on the project site. The proposed project consists of two phases of improvements. Phase 1 The Phase 1 improvements would involve the development of three 256 -square foot mausoleum buildings at the northeaster corner of the project site. The mausoleum buildings would be used for the internment of remains. 1 FAIRHAVEN MEMORIAL PARK EXPANSION INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2005-28 PROPOSED PROJECT The proposed project is a request for a conditional use permit to expand Fairhaven Memorial Park Cemetery. SETTING The project site consists of 10.58 -acres and is located in the northeastern portion of the City of Santa Ana, Orange County, California. As shown on Exhibit 1, local access to the project site is provided from Cambridge Street and Fairhaven Avenue. Regional access to the project site is provided from State Route 22 via the Tustin Avenue exit. The project site currently exists has an orange grove and a storage area for boxed palm trees. The project site is situated within urbanized setting and is surrounded by single-family residential neighborhoods to the north, west and east, and a portion of the existing Fairhaven Memorial Park to the south. An existing single family residence owned by Fairhaven Memorial Park is located at the southwest corner of the project site. The General Plan designation for the project site is Open Space. The Open Space designation applies to parks, water channels, cemeteries and other open space uses. The zoning for the project site is Agriculture. Under the Agriculture designation, cemeteries are conditionally permitted. PROJECT DESCRIPTION The proposed project involves an expansion of the Fairhaven Memorial Park Cemetery on the project site. The proposed project consists of two phases of improvements. Phase 1 The Phase 1 improvements would involve the development of three 256 -square foot mausoleum buildings at the northeaster corner of the project site. The mausoleum buildings would be used for the internment of remains. 1 3115 Exhibit 1 �_�:`!Sj_[: � Vicinity Map Near the northern boundary of the project site, a 1,604 - square foot pavilion building would be developed. The pavilion building would be used for committal services and inurnments. Along the southern boundary of the project site, near Fairhaven Avenue, a 3,024 -square foot mausoleum building would be developed. Additionally garden area around the building would be used for single depth graves. Phase 2 The Phase 2 improvements involve the construction of six 1,200 square foot mausoleum buildings and garden lawn areas. Within the Phase 2 area the existing single family residence would be retained. A site plan of the proposed project is available for review at the City of Santa Ana Planning Division. CONSTRUCTION OPERATIONS The construction operations would involve clearing of existing orange trees, removal of boxed palm trees and site grading to construct building pads, and access ways. Approximately, 5,000 cubic yards of soil would be graded. All grading would be balanced on site. Local drainage would be collected onsite and discharged into the public storm system. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element FEIR (SCH 97071058). Additionally, a Phase II Environmental Site Assessment and an Agriculture Land Evaluation has been incorporated into the environmental analysis. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts to a level considered less than significant. 2 311717 I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? Less Than Significant Impact The project site is currently in agriculture use. While the project site is not considered a scenic vista, it does provide open space relief within the urbanized setting of the project area. Implementation of the proposed project would remove the agriculture resources on the project site to allow for the expansion of the memorial park cemetery. Even though the project site would be developed with cemetery land uses, the project site would still reflect an open space garden like setting and would continue to provide open space relief within the project area. C. Substantially degrade the existing visual character or quality of the site and its surrounding? Less Than Significant Impact The City of Santa Ana has an adopted Urban Design Element that establishes policies, programs and design elements to enhance the aesthetic environment of the City. Development projects proposed in the City are reviewed for consistency with the Urban Design Element. The design elements that are relevant to the project site include; Design District. Design District According to the City's Urban Design Element, the project site is located within the Cabrillo Design District. The Urban Design Element establishes goals and policies to help guide the design of development projects proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the district setting. The proposed project has included architectural and landscape treatments to compliment the existing aesthetic environment. Through the City's site plan review process 3 the design of the proposed project was determined to be in compliance with the intent of the district design element. Implementation of the proposed project would not degrade the existing visual character of the Cabrillo Design District setting. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project site is currently improved with existing on - street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non -agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non -agriculture use? Less Than Significant Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site is designated as potential Prime Farmlands. To determine the significance of the agricultural resources on the project site, the California Department of Conservation Land Evaluation and Site Assessment (LESA) was prepared. The LESA is a point -based analysis that rates the value of agricultural land resources. The rating is determined by measuring two separate sets of factors. The first set, Land Evaluation, includes factors that measure the inherent soil -based qualities of land as they relate to agricultural suitability. The second set, Site Assessment, includes factors that are intended to measure social, economic and geographic factors that also contribute to the overall value of agricultural land. 0 Land Evaluation The LESA includes two Land Evaluation factors that are separately rated, the Land Capability Classification Rating, and the Storie Index Rating. The Land Capability Classification Rates the suitability of soils for most crops. Soils are rated from Class I to Class VIII, with soils having the fewest limitations receiving the highest rating of Class I. The Storie Index provides a numeric rating of the relative degree of suitability of a given soil type for intensive agriculture. According to the City's General Plan Land Use Element FEIR, the soils on the project site are San Emigdio Series. The San Emigdio Series soils are a Class I Soil that has high suitability for the intensive agriculture of most crops. Site Assessment The LESA includes four Site Assessment factors that are separately rated. These factors include project site size, water resource availability, surrounding agricultural lands and protected resource lands. Due to the project site's limited size and limited amounts of surrounding agricultural lands and lack of protected agricultural resource lands within the vicinity of the project site, the Site Assessment rating of the project site was low. However the project site did receive a high rating for water resource availability. Scoring A single Land Evaluation and Site Assessment score is generated after all of the factors have been scored. The final project scoring is based on a scale of 100 points, with a maximum of 50 points to be generated from the Land Evaluation and a maximum of 50 points generated from the Site Assessment factors. Table AG -1 identifies the Land Evaluation and Site Assessment thresholds to determine the significance of agricultural land resources. 5 Table AG -1 Land Evaluation/Site Assessment Scoring Thresholds Total Scoring Scoring Decision 0 to 39 Points Not Considered Significant 40 to 59 Points Considered Significant only 100 .25 if Land Evaluation and Site Storie Index Rating 100 Assessment subscores are each 25 SITE ASSESSMENT greater than or equal to 20 points 60 to 79 Points Considered Significant unless Water Resource Availability 100 either Land Evaluation or 15 Surrounding Agricultural Lands Site Assessment subscore is .15 0 less than 20 points i8O to 100 Points lConsidered Significant Project Determination Table AG -2 indicates that the project site was determined to have final LESA Score of 65. Based on the thresholds identified in Table AG -1, the agricultural resources on the project site are not considered significant because the Site Assessment factor is less than 20 points. Therefore, the implementation of the proposed project would not result in the loss of any prime or unique agriculture lands. Table AG -2 Final LESA Score sheet Factor Name Factor Rating Factor Weighting Weighted Factor Rating LAND EVALUATION Land Capability Classification 100 .25 25 Storie Index Rating 100 .25 25 SITE ASSESSMENT Project Size 0 .15 0 Water Resource Availability 100 .15 15 Surrounding Agricultural Lands 0 .15 0 Protected Resource Lands 0 .15 0 TOTAL 65 71 III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed project is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth projections in the General Plan and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Potentially Significant Unless Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality pollutants in the South Coast Air Basin. Pollutants for which ambient standards have been set are referred to as criteria pollutants. Criteria pollutants include Ozone (03), Carbon Monoxide (CO), Nitrogen Dioxide (NO2), Sulfur Dioxide (S02), and Particulate Matter (PM10). The South Coast Air Basin is currently a non -attainment area for Carbon Monoxide, Ozone and Particulate Matter. The SCAQMD considers an air quality impact to be significant if it exceeds the criteria pollutant thresholds identified in the Table A-1. 7 yif: r�r77• Table A-1 EMISSION THRESHOLDS OF SIGNIFICANCE Long-term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational emissions generated by the proposed project would be consistent with the air pollutant emissions projected within the General Plan Land Use Element FEIR. Short-term constructed Related Air Quality Impacts Construction operations for the proposed project would involve the grading of approximately 5,000 cubic yards of soil and a limited amount of building construction. Given the minimal amount of grading and construction activity, less than significant construction related air quality impacts are expected. However, dust generated from construction operations could be a nuisance to nearby land uses. To minimize dust impacts during construction, the proposed project would be subject SCAQMD Fugitive Dust Rule 403. To insure compliance with Fugitive Dust Rule 403 the following mitigation measure shall be implemented. Mitigation Measure • Grading plans and construction plans for the proposed project shall reflect the following notes: 8 3 �2 3 Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational emissions generated by the proposed project would be consistent with the air pollutant emissions projected within the General Plan Land Use Element FEIR. Short-term constructed Related Air Quality Impacts Construction operations for the proposed project would involve the grading of approximately 5,000 cubic yards of soil and a limited amount of building construction. Given the minimal amount of grading and construction activity, less than significant construction related air quality impacts are expected. However, dust generated from construction operations could be a nuisance to nearby land uses. To minimize dust impacts during construction, the proposed project would be subject SCAQMD Fugitive Dust Rule 403. To insure compliance with Fugitive Dust Rule 403 the following mitigation measure shall be implemented. Mitigation Measure • Grading plans and construction plans for the proposed project shall reflect the following notes: 8 3 �2 3 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the project site should be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. S. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact The proposed project would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. The proposed project is consistent with the General Plan and the South Coast Air Quality Management Plan and therefore would not result in significant cumulative air quality impacts. D. Expose Sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact E 31,24 Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term, short-term or cumulative air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E.Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed project would not generate significant objectionable odors to the public. During construction operations some objectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would not be considered significant. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game 10 31Ar25 Natural Diversity Data Base and the City's Updated General Plan Land Use Element FEIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the City of Santa Ana Local Register of Historical Structures and the Federal Register of Historical Structures, there are no historically significant structures located on the project site. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. Potentially Significant Unless Mitigation Incorporated According to the City's General Plan Land Use Element FEIR there are no known cultural resources on the project site. However, the City's General Plan Land Use Element FEIR indicates that the City of Santa Ana has a probability for the discovery of unknown cultural resources. The project site is vacant, there is the potential that unknown cultural resources could be present. Mitigation Measure 11 • In the event unknown cultural resources are encountered during construction operations, all construction activity near the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. VI. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project site. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60 -mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana has the potential to result in an earthquake at a magnitude of 6.9. A seismic event of this scale could potentially result significant damage to the proposed project. However, the seismic risks at the project site would not be considered significantly different from other areas in the southern California region. Through the City's development review process, the proposed project would be required to prepare a geotechnical report that identifies the seismic constraints on the project site and geotechnical recommendations to reduce potential seismic hazard impacts to a level that would be less than significant. A-3. Seismic -related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally 12 311.727 known to occur in saturated cohesionless soils at depths shallower than about 50 -feet. According to the City's General Plan Land Use Element EIR, the project site is considered to have a High to Very High potential for liquefaction hazard impacts. Through the City's development review process, the proposed project would be required to prepare a geotechnical report that identifies the liquefaction constraints on the project site and geotechnical recommendations to reduce potential liquefaction impacts to a level that would be less than significant. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element FEIR, there are no landslide planes or slopes on the project site. Therefore, implementation of the project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Potentially Significant Incorporated Erosion refers to the removal surfaces by water or wind. intensified with an increase runoff channels and by the leaves the soil exposed. Impact Unless Mitigation of soil from exposed bedrock The effects of erosion are in slope, the narrowing of removal of groundcover, which Even though the proposed project would involve a limited amount of grading, uncovered soils on the project site could result in erosion impacts to nearby drainage facilities. The erosion impacts could potentially increase during periods of rain. To reduce potential erosion impacts to a level that would be less than significant, the proposed project would be required to prepare a Storm Water Pollution Prevention Plan and obtain a General Construction Activity Storm Water Permit. Mitigation Measure 13 31A-,28 • Prior to the issuance of grading permits the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: a. A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number. b. Two copies of the Storm Water Pollution Prevention Plan C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element FEIR the proposed project does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on -or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact The City's Land Use Element FEIR provides a general classification of soil conditions in the City. According to the City's General Plan Land Use Element FEIR the project site consists of Omni Series Soils that have high shrink/swell potential, high potential for corrosion of uncoated steel and moderate potential for corrosion of concrete. The soil conditions on the project site would not provide a significant constraint to the geologic stability of the project site. Through the City's development review process, a construction -level geotechnical report would be required to evaluate site specific soil conditions on the project site. Design recommendations from the report would be incorporated into the project to insure the geotechnical stability of the project. 14 E. Where sewers are wastewater is the of septic tanks systems? No Impact not available for the disposal of soil capable of supporting the use or alternative wastewater disposal The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS The following analysis is based on a Limited Phase II Environmental Site Assessment prepared for the project site by Rincon Consultants in November of 2005. The report is presented in its entirety in Appendix A. A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Less Than Significant Impact Setting The Fairhaven Memorial project site is currently and historically been used for agriculture purposes. There is the potential the residual pesticides and metals could be present in the soils. These potential contaminates could pose a hazard to workers if not properly disposed of or if contained in surface water runoff could result in adverse water quality impacts. A Phase II Environmental Site Assessment was prepared to determine the presence of residual pesticides and metals in the soil. A total of eight borings were conducted on the project site at depths ranging from 0.5 -feet to 3 -feet below grade. A total of 40 soil samples were collected. The soil samples were tested for pesticides in accordance with Environmental Protection Agency (EPA) Method 8081A and for metals by EPA method 6010B and 7471A. Pesticides The EPA has developed risk-based Preliminary Remediation Goals for various pollutants in soil. Preliminary 15 31A-730 Remediation Goals are used to screen pollutants in environmental media, to trigger further investigation and to provide initial clean up goals. Different Preliminary Remediation Goals are established for residential and industrial properties, with stricter standards being applied for residential uses. Varying levels of pesticides were detected in the soil samples collected on the project site. However, based on the US EPA criteria, none of the samples with detected levels of pesticides exceeded the Preliminary Remediation Goal for industrial or residential uses. The State of California Department of Toxic and Substance Control (DTSC) also have threshold levels for various pollutants in soil. The total threshold limit concentration and soluble threshold limit concentration are used to determine whether excavated soil would be classified as a hazardous or nonhazardous waste for disposal purposes. The detected concentrations of pesticides in the soil samples collected on the project site were analyzed for pesticides and compared to the total threshold limit concentration thresholds established by the DTSC. None of the detected concentrations of pesticides exceeded their respective total threshold limit concentration nor were high enough to require further analysis. Metals Varying concentrations of metals were detected in the soil samples collected and analyzed for metals. Both arsenic and lead were identified to have elevated levels in the soil samples collected. The Preliminary Remediation Goals for residential and industrial settings for arsenic are 0.062 and 0.25 mg/kg. Background concentrations of arsenic found in the Eastern United States soils (non -contaminated sites) range from 0.10 to 97 mg/kg. The USEPA do not require cleanup below natural background levels. All of the analyzed soil samples detected arsenic concentrations above the Preliminary Remediation Goals for residential and industrial settings and all of the detected concentrations are within the range of naturally occurring background and concentrations for arsenic. Additionally, the levels of metals detected were compared to total threshold limit concentration levels established by the DTSC. The total threshold limit concentration was 16 31A,31 used to determine whether excavated soil would be classified as a hazardous or non -hazardous waste for disposal purposes. Lead was detected in the collected soil sample at a level that required additional analysis. The subsequent analysis identified non -detect levels of soluble lead. Metal concentrations detected for all of the other samples analyzed for metals did not exceed their respective total threshold limit concentration and were not high enough to require additional analysis. B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? Less than Significant Impact The construction and operation of the proposed project would not result in activities that would emit hazardous emissions or acutely hazardous materials. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact According to the Santa Ana Fire Department and the State Regional Water Quality Control Board the project site is not identified as a hazardous material/waste site. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 17 No Impact The closest airport to the project site is John Wayne Airport. According to the John Wayne Airport Environs Land Use Plan for John Wayne Airport, the project site is not within an accidental potential zone or crash hazard zone. ikL , VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The project site is located within the Santa Ana River Watershed and drains into the San Diego Creek Sub -Watershed and the Lower Santa Ana River Sub -Watershed. The regulation of water quality within the watershed is under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. The project site drains to the west and east. Westerly from the project site, the storm water flows would drain through a series of underground storm drains along Lincoln Avenue, Santa Clara Avenue and Grand Avenue to the Santa Ana Open Storm Drain Channel before ultimately draining into the Lower Newport Back Bay. Easterly from the project site, the storm water flows would drain through an underground storm drain along Cabrillo Park Drive before ultimately draining into the Lower Newport Back Bay. The Santa Ana Regional Water Quality Control Board has identified Lower Newport Back Bay as impaired water body. The primary concern for water quality pollutants associated with the operation of the proposed project would be from urban runoff. Urban runoff is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since urban runoff usually originates in the street, they commonly contain many common pollutants found in streets such as oil/grease, metals and sediment. Additionally, fertilizers and other chemicals used for the maintenance of landscaped areas on the cemetery could be contained in the urban runoff. These pollutants could have an adverse water quality impacts on downstream receiving waters. During construction operations there is the potential that surface water runoff could be degraded, if conveyed into the local storm drain system, potential adverse water quality impacts could occur to downstream receiving waters. To minimize potential construction related water quality impacts, long-term operational impacts and cumulative water quality impacts associated with the proposed project, the following mitigation measures shall be implemented. 19 311-r34 Mitigation Measure • Prior to issuance of grading permits, the project applicant shall prepare a Water Quality Management Plan that include the following; a. Site Assessment b. Site Design BMPs c. Applicable Routine Source Control BMPs d. Selecting and sizing the Treatment Control BMPs e. Mechanisms by which funding for long-term operation and maintenance of all structural BMPs will be provided. f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation • Prior to issuance of grading permits the project applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. • Prior to issuance of grading permits the project applicant shall provide payment for the Federal Clean Water Protection Enterprise Fee. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact Construction operations for the proposed project would not require de -watering activities. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. The short-term construction operations and long-term operation of the 20 iLkIK SV proposed project would not have any adverse impact on groundwater supplies. C.Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L.Result in increased impervious surfaces and associated runoff? M.Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Based on a preliminary analysis of drainage conditions and facilities on the project site and the surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. To address cumulative drainage impacts within the project area the proposed project would be subject to Drainage Area Assessment Fees. F. Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100 -year floodplain structures which would impede or redirect flood flows? No Impact 21 31146 The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 0602320278H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100 -year flood and 500 -year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. LAND USE/PLANNING A. Physically divide an established community? Less Than Significant Impact The proposed project would function as a continuation of the existing use located immediately south and west of the project site. The existing residential uses adjacent to the project site would be buffered from the proposed project with a combination of landscape and wall treatments. Additionally, the existing residential use located on the project site has been incorporated into the overall design and would not be adversely impacted by the long-term operation of the project. The proposed project would not physically divide any established community and no adverse land use compatibility impacts would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The General Plan designation for the project site is Open Space. Under the Open Space designation, cemetery uses would be a compatible land use. The zoning for the project site is Agriculture. Under the Agriculture designation, cemeteries are conditionally permitted. Implementation of the proposed project would not be in conflict with any adopted planning programs or policies. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact 22 3'137 According to the City's General Plan Land Use Element FEIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element FEIR there are no areas in Santa Ana designated as significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE Noise Standards The project site is located within the City of Santa Ana and subject to noise standards and guidelines in the General Plan Noise Element, and the Municipal Code Noise Ordinance. General Plan Noise Element The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and to minimize the adverse effects of currently - existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels as presented in Table N -l. Table N-1 City Of Santa Ana Land Use Guidelines For Exterior Noise Land Use Low Densit 23 Noise Level Desirable Maximum 55 (dBA CNEL or Ldn) KA 0 Maximum Acceptable 65 Residential Medium Density Residential 60 65 High Density Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 As shown above the General Plan does not have any exterior noise standards for cemeteries. Municipal Code Noise Ordinance The City regulates stationary noise impacts on residential uses though Chapter 18, Article VI of the Municipal Code Noise Ordinance. The Noise Ordinance presents permissible noise intrusion levels and sets an exterior standard of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. These standards are not to be exceeded for a cumulative period of 30 minutes in any hour. However, greater noise levels are permissible for shorter durations. The City also sets interior noise standards from noise impacts emitted from stationary sources. Section 18-313 of the Municipal Code Noise Ordinance, "Interior Noise Standards" sets allowable interior noise levels of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 45 dBA between the hours of 10:00 p.m. and 7:00 a.m. (Note that this equates to an interior CNEL of 56.0 dBA.) These standards are not to be exceeded for a cumulative period of more than 5 minutes in any hour, or the standard plus 5 dBA for a cumulative period of 1 minute in any hour. The Municipal Code Noise Ordinance also recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18- 314(e) of the Municipal Code Noise Ordinance exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity Sundays or federal holidays. 24 �z 7 Threshold of Significance A significant impact would occur when a permanent increase in ambient noise levels of 3db or greater occurs when the existing CNEL is 65dB or greater. Additionally, a significant impact could occur when the stationary noise source of a project or the construction operations of a project is in conflict with the City's Noise Ordinance. A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact Project Area Ambient Noise Level Increases The greatest potential to increase existing ambient noise levels within the project area would be from vehicle traffic generated by the proposed project. Typically a 3 dB increase to the existing ambient noise level would occur when there is a doubling of traffic volumes within a project area. Based on the City of Santa Ana Master Environmental Assessment the proposed project would generate an average of 53 vehicle trips per day. This amount of vehicle trips would have less than a significant impact on existing ambient noise levels within the project area. Stationary Noise Impacts Given the nature of the proposed use, the proposed project would introduce a limited amount of new sources of stationary noises onto the project site. Any stationary noise sources on the project site would have to comply with the City's Noise Ordinance. B. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels. Less Than Significant Impact 25 i .' A C Vibration is a trembling, quivering, or oscillating motion of the earth. Vibration can be either natural as in the form of earthquakes, volcanic eruptions, sea waves, landslides, etc. or man-made as from explosions, the action of heavy machinery, or heavy vehicles such as trucks or trains. Both natural and man-made vibration may be continuous such as from operating machinery, or transient as from an explosion. The proposed project would not involve any construction activity that would generate vibration impacts. The proposed project would involve conventional construction equipment and would result in less than significant ground borne vibration impacts. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Potentially Significant Unless Mitigation Incorporated The proposed project has the potential to generate noise impacts during project construction. Construction -related noise impacts would largely be associated with noise from the use of construction equipment and construction activity. Two types of short-term noise impacts would occur during the construction of the proposed project. First, the transport of workers and import of construction materials to the site would incrementally increase noise levels along local access roads. However, the volume of traffic generated by the construction operations would be minimal to add measurably to the existing noise levels along major access routes. Therefore, even though there could be a relatively high single event noise exposure potentially associated with passing trucks, the increase in ambient noise levels would be less than 1 dBA when averaged over a 24-hour period and construction -related impacts associated with vehicle travel would not result in a significant noise impact. The second type of short-term noise impact is related to noise generated from construction equipment and activities. Construction is performed in discrete steps, each of which has its own mix of equipment, and, consequently, its own noise characteristics. These various sequential phases 26 31A-41 would change the character of the noise generated on the site and, therefore, the noise levels surrounding the site as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction -related noise ranges to be categorized by work phase. Table N-4 identifies estimated noise levels for the various construction phases of the project. The nearest noise sensitive uses within the project area are the existing single family land uses that abut the project site. Table N-4 Typical Noise Level at Construction Sites Construction Phase Minimum Required Equipment in Use All Applicable equipment In Use Excavation 79 89 Foundation Construction 78 78 Building Construction 76 85 Finishing/Site cleanup 76 89 Construction of the proposed project would not involve the use of large quantities of construction equipment. Grading for the site would be minimal because of the flat condition of the project site. Using a worst case distance of 50 -feet from the property lines of the nearest noise sensitive uses to the center of construction activities, and not accounting for the 6 foot perimeter wall around the northern boundary of the project site, noise levels could intermittently range from 78-89 dBA Leq at the nearest noise sensitive land uses. The Municipal Code Noise Ordinance recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday with no construction activity permitted Sundays or federal holidays. While adverse, construction, when performed in compliance with the requirements of the Municipal Code is considered to be less than significant. While construction related noise impacts are exempt under the Municipal Code Noise 27 Ordinance, the construction activities would still have the potential to create nuisance noise at adjacent and nearby land uses and should be reduced as much possible. To ensure compliance the requirements of the Municipal Code Noise Ordinance and to minimize short-term construction noise impacts the following mitigation measures shall be implemented. Mitigation Measures • Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity shall take place on Sundays or federal holidays". • Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m. • Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers". • Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging areas shall be located away from existing residential uses". E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. Therefore, implementation of the proposed project would not expose people within the project area to significant aircraft noise impacts. W XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the proposed project would not significantly increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. 29 311.44 Schools: Less Than Significant Impact The project site is included within the boundaries of the Orange Unified School District. Implementation of the proposed project would not directly generate project - specific demands for new school facilities. However, the project would be subject to provide school impacts fees to help address cumulative impacts to school services in Orange Unified School District. The payment of fees to the district would mitigate impacts on school services to a level considered less than significant. Parks, Other Public Facilities: Less Than Significant Impact The proposed project involves the expansion of the memorial park cemetery. Implementation of the proposed project would not significantly increase the demands for additional park facilities or other public facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact The proposed project involves an expansion to an existing memorial park cemetery. Implementation of the proposed project would not increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. XV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? 30 31A45 B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project -related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature Less Than Significant Impact Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. 31 F. Result in inadequate parking capacity Less Than Significant Impact The City's parking standards require a total of 45 parking spaces. The proposed project is providing a total of 48 parking spaces. Therefore, implementation of the proposed project would not result in inadequate parking capacity. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A.Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B.Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project is consistent with the City's General Plan and therefore would be consistent with the City's Urban Water Management Plan. The wastewater demands of the project are accounted for in the Urban Water Management 32 314747 Plan. The proposed project would not significantly increase the demand for wastewater service over current levels wastewater demand within the project area. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate waste water service to the project site. The proposed project would be required to provide appropriate sewer connection fees with the City of Santa Ana and the Orange County Sanitation District. No adverse impacts in regards to the provision of adequate wastewater service would be associated with the proposed project. C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed project is consistent with the General Plan and the water demands for the project are accounted for the in the City's Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 33 31A748 G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which, establishes programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Potentially Significant Unless Mitigation Incorporated Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or known cultural resources in that no fish, wildlife populations or known cultural resources are known to exist on the project site. Mitigation has been incorporated into the project to avoid potential impacts to unknown cultural resources that might exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts. The project's incremental contribution would not be cumulatively considerable because 34 31A,49 the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Noise Ordinance South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, November 2005 35 31Ar50 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map Limited Phase II Environmental Site Assessment, Rincon Consultants, November 2005. XX. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 36 311751 City of Santa Ana Initial Study I. Project Title: Fairhaven Memorial Park Expansion II. Project Numbers: ER 205-148 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: 1701 Fairhaven Environmental Determination On the basis of this initial evaluation, I find that: A. ❑ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ❑ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ❑ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ❑ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ❑ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. December 16, 2005 Date db\Env Form CEQA Chklst Page 1 of 1 31A-762 Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. db\Env Form CEQA Chklst 3' 53 Page 1 of 9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics — Would the project: A. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ B. Damage scenic resources, including but not limited ❑ ❑ ❑ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ ❑ ❑ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ❑ ❑ ❑ db\Env Form CEQA Chklst 3' 53 Page 1 of 9 Issues & Supporting Information Sources Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact II. Agricultural Resources — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ❑ ❑ ❑ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ❑ ❑ \ ❑ Williamson Contract? C. Involve other changes in the existing environment ❑ ❑ j ❑ which, due to their location or nature, could �\ individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality — Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ❑ ❑ ❑ f applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard ❑ ❑ ❑ or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ❑ ❑j Elof any criteria pollutant for which the project region % C' is non -attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? db\Env Form CEQA Chklst 3 aA 7�4 Page 2 of 9 IV. Biological Resources — Would the project: A. Have a substantial adverse impact, either directly Potentially or through habitat modifications, on any species significance of a historical resource as defined in Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ❑ ❑ j ❑ number of people? Fish and Wildlife Service? IV. Biological Resources — Would the project: A. Have a substantial adverse impact, either directly ❑ ❑ ❑j or through habitat modifications, on any species significance of a historical resource as defined in identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ❑ ❑ ❑ j habitat or natural community identified in local or significance of a unique archaeological resource regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Directly or indirectly disturb or destroy a unique C. Adversely impact federally protected wetlands ❑ ❑ ❑ j (including, but not limited to, marsh, vernal pool, J`C coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ❑ ❑ ❑ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources — Would the project: A. Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ❑ ❑ ❑ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ❑ ❑ ❑ paleontogical resource or site? T \ db\Env Form CEQA Chklst 31A755 Page 3 of 9 db\Env Form CEQA Chklst 3 1A;5 6 Page 4 of 9 Potentially Significant Potentially Unless Less Than Issues & Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact D. Disturb any human remains, including those ❑ [ l ❑ ❑ interred outside of formal cemeteries? 7� A. Geology and Soils — Would the project: A. Expose people or structures to potential ❑ ❑ ❑ ❑ substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as ❑ ❑ ❑ f delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ❑ ❑ ❑ 3. Seismic -related ground failure, including ❑ ❑ ❑ liquefaction? 4. Landslides? ❑ ❑ ❑ B. Would the project result in substantial soil erosion ❑ 8(f ❑ ❑ or the loss of topsoil? C. Would the project result in the loss of a unique ❑ ❑ ❑ geologic feature? D. Is the project located on strata or soil that is ❑ ❑ ❑ unstable or that would become unstable as a result of the project and potentially result in on -or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of ❑ ❑ ❑ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? db\Env Form CEQA Chklst 3 1A;5 6 Page 4 of 9 db\Env Form CEQA Chklst 31A-757 Page 5 of 9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact VII. Hazardous and Hazardous Materials —Would the project: A. Create a significant hazard to the public or the ❑ ❑ ❑ environment through the routine transport, use or ' disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ❑ ❑ ❑ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ❑ ❑ ❑ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use ❑ ❑ ❑ j plan or where such a plan has not been adopted, J� within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality — Would the project: A. Violate Regional Water Quality Control Board ❑ ❑ ❑ water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge ❑ ❑ ❑ j 77�� such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? db\Env Form CEQA Chklst 31A-757 Page 5 of 9 db\Env Form CEQA Chklst 31A 75 8 Page 6 of 9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact C. Substantially alter the existing drainage pattern of ❑ ❑ ( ❑ the site or area, including through the alteration of T� the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would ❑ ❑ ❑ exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? ❑ [ ❑ ❑. F. Place housing within a 100 -year floodplain, as ❑ ❑ ❑ j mapped on a federal Flood Hazard Boundary or i Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100 -year floodplain structures which ❑ ❑ ❑ would impede or redirect flood flows? H. Expose people or structures to a significant risk of ❑ ❑ ❑ jam' loss, injury, or death involving flooding, including �' \ flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to ❑ ❑ ❑ receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen -demanding substances, and trash) J. Result in significant alteration of receiving water ❑ ❑ ❑ quality during or following construction? K. Could the proposed project result in increased ❑ [ ❑ ❑ erosion downstream? 7 L. Result in increased impervious surfaces and ❑ ❑ ❑ associated increased runoff? db\Env Form CEQA Chklst 31A 75 8 Page 6 of 9 IX. Land Use and Planning A Physically divide an established community? ❑ ❑ X B Conflict with any applicable land use plan, policy, ❑ Potentially or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning Significant ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact M. Create a significant adverse environmental impact ❑ ❑ � El drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as ❑ ❑ ❑ listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? ❑ ❑ ❑ If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact ❑ ❑ ❑ on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on ❑ ❑ ❑ I groundwater quality? I R. Cause or contribute to an exceedance of ❑ ❑ ❑ applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? ❑ ❑ ❑ IX. Land Use and Planning A Physically divide an established community? ❑ ❑ X B Conflict with any applicable land use plan, policy, ❑ L❑A ❑ ❑ fq' or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? db\Env Form CEQA Chklst Page 7 of 9 X. Mineral Resources —Would the project: XII. Population and Housing — Would the project: A. Induce substantial population growth in an area, ❑ ❑ ❑ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? db\Env Form CEQA Chklst 31A-760 Page 8 of 9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact A. Result in the loss of availability of a locally important mineral resource ❑ ❑ ❑ recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XI Noise — Would the project result in: A. Exposure of persons to or generation of noise ❑ ❑ ❑ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ❑ ❑ ❑ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ❑ ❑ ❑ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ❑ ❑ ❑ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use ❑ ❑ ❑ plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing — Would the project: A. Induce substantial population growth in an area, ❑ ❑ ❑ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? db\Env Form CEQA Chklst 31A-760 Page 8 of 9 C. Displace substantial numbers of people, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? XIV. Recreation A. Would the project increase the use of existing ❑ ❑ ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ❑ ❑ ❑ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ❑ ❑ ❑ relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) db\Env Form CEQA Chklst Page 9 of 9 31A-761 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse ❑ ❑ ❑ physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? ❑ ❑ ❑ ❑ Police protection? ❑ ❑ ❑ ❑ Schools? ❑ ❑ ❑ ❑ Parks? ❑ ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ ❑ XIV. Recreation A. Would the project increase the use of existing ❑ ❑ ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ❑ ❑ ❑ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ❑ ❑ ❑ relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) db\Env Form CEQA Chklst Page 9 of 9 31A-761 db\Env Form CEQA Chklst Page 10 of 9 31A-762 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact B. Exceed, either individually or cumulatively, a level ❑ ❑ ❑ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ❑ ❑ ❑ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ❑ ❑ ❑ (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? ❑ ❑ ❑ F. Result in inadequate parking capacity? ❑ ❑ ❑ G. Conflict with adopted policies supporting ❑ ❑ ❑ alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ❑ ❑ X ❑ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ❑ ❑ ❑ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ❑ ❑ ❑ project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater ❑ ❑ ❑ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? db\Env Form CEQA Chklst Page 10 of 9 31A-762 XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ❑ ❑ ❑ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ❑ ❑ ❑ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which ❑ ❑ j ❑ will cause substantial adverse effects on human beings, either directly or indirectly? db\Env Form CEQA Chklst 31A-,,,63 Page 11 of 9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ❑ ❑ ❑ permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and ❑ ❑ ___ Elregulations related to solid waste? ///I XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ❑ ❑ ❑ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ❑ ❑ ❑ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which ❑ ❑ j ❑ will cause substantial adverse effects on human beings, either directly or indirectly? db\Env Form CEQA Chklst 31A-,,,63 Page 11 of 9 8 -Acre Property, Fairhaven Memorial Santa Ana, California Prepared for, - Fairhaven Memorial Park. & Mortuary I[ November 14, 2005 Project 05-20290 Marla Noel Fairhaven Memorial Park & Mortuary 1702 Fairhaven Avenue Santa Ana, CA 92705 Dear Ms. Noel, Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, California 93001 805 641 1000 FAx 641 1072 info@rinconconsultants.com www. rinconconsultants.com Limited Phase II Environmental Site Assessment 8 -Acre Property Fairhaven Memorial Santa Ana, California This report presents the results of a Limited Phase II environmental site assessment (ESA) conducted by Rincon Consultants, Inc. at the 8 -Acre Fairhaven Memorial Site in Santa Ana, California. The Limited Phase II ESA was performed in accordance with our proposal dated September 19, 2005. Thank you for selecting Rincon for this project. If you have any questions or if we can be of any future assistance, please contact us. Sincerely, RINCON CONSULTANTS, INC. Bart Templeman Associate Environmental Scientist Walter H ann, PG, CEG, CHG Vice Presid nt, Environmental Services Figures/Tables/App end ices: Figure I — Vicinity Map Figure 2 — Sample Location Map Table 1— Soil Analytical Testing Summary — Pesticides Table 2 — Soil Analytical Testing Summary - Metals Appendix 1— Laboratory Analytical Reports E n v i r o n m e n t a i S c i e n T i 9RA5 P l a n n e r s .i� �Y No. EGD1635 E 4 03 Ito CKcr!0DIx E n g i n e e r s Limited Phase II Environmental Site Assessment 8 -Acre Property, Fairhaven Memorial, Santa Ana, California EXECUTIVE SUMMARY This report presents the results of a limited Phase II environmental site assessment (ESA) that was performed at the Fairhaven Memorial Park & Morturary site located at Cambridge Avenue and Fairhaven Avenue in Santa Ana, California. The purpose of the site assessment was to determine if soil at the subject property has been affected by historical agricultural use associated with the site. On October 17, 2005, eight hand auger borings (HA1 through HA8) were advanced on the subject property. The hand auger borings were advanced to 3 feet below grade. Five soil samples were collected from each boring at depths of 0.5, 1, 1.5, 2 and 3 feet below grade. 1.; Varying concentrations of pesticides were detected in the soil samples collected and analyzed for pesticides. None of the detected pesticides exceeded Preliminary Remediation Goals (PRGs) or Total Threshold Limit Concentration (TTLC) thresholds established by the United States Environmental Protection Agency (USEPA) or the State of California Department of Toxic Substances Control (DTSC). Varying concentrations of metals were detected in the soil samples collected and analyzed for r' metals. The PRGs for residential and industrial settings for arsenic are 0.062 and 0.25 mg/kg, - respectively. Background concentrations of arsenic found in western United States soils (non - contaminated sites) range from 0.10 to 97 mg/kg (Shacklette and Boerngen, Element Concentrations in Soils and Other Surficial Materials of the Conterminous United States, USGS, 1984). The USEPA states that generally they do not require cleanup below natural background levels. In light of this fact and in our experience, regulatory agencies typically consider the use of local or regional background concentrations as the threshold concentration for requiring further investigation or remediation. All of the analyzed soil samples detected arsenic concentrations above the PRGs for residential and industrial settings and all of the detected concentrations are within the range of naturally occurring background concentrations for arsenic in western United States soils. The levels of the other metals identified in the soil samples collected from the subject property were within the published background ranges for metals in California soils. In addition, the _ levels of metals detected were compared to total threshold limit concentration levels established by the DTSC. The TTLC is used to determine whether excavated soil would be classified as a hazardous or non -hazardous waste for disposal purposes. STLC and TTLC levels for metals are listed in Table 2. Lead was detected in the 0.5 -foot sample from boring HA -6 at a level that warranted soluble (STLC) analysis. The additional STLC analysis revealed non -detect levels of soluble lead. Metal concentrations detected for all of the other samples analyzed for metals did not exceed their respective TTLC levels and were not high enough to warrant soluble (STLC) analysis. Based on the results of this limited Phase II assessment, no further assessment is recommended. Rincon Consultants 3'lAr66 1 Limited Phase II Environmental Site Assessment 8 -Acre Property, Fairhaven Memorial, Santa Ana, California INTRODUCTION This report presents the results of a limited Phase H environmental site assessment conducted by l- Rincon Consultants, Inc. on behalf of Fairhaven Memorial Park & Morturary at the 8 -acre property located at Cambridge Avenue and Fairhaven Avenue in Santa Ana, California. The limited Phase 11 ESA was performed in general accordance with our proposal dated September 19, 2005. The following sections provide an overview of the project history; describe the purpose and scope of the project, the physical setting, and sampling and analytical testing methodologies; provide the results of the sampling and testing program; and provide conclusions and recommendations. PROJECT HISTORY According to Marla Noel, representative for Fairhaven Memorial, the property has been historically developed with orange groves. The site is currently in agricultural use and leased to a palm tree grower. The current expansion of the cemetery includes redeveloping the site as part of the cemetery. According to Ms. Noel, the City of Santa Ana has requested a limited Phase II environmental site assessment to assess the 8 -acre site. Based on the historical agricultural use of the site, the City of Santa Ana has requested that a limited Phase II ESA be performed to assess the site for potential pesticides and metals typically associated with agricultural use. PURPOSE AND SCOPE The purpose of the limited Phase H ESA was to determine if soil at the subject property has been affected by historical agricultural use. Our scope of work included the following: • Complete 8 borings on the property. The soil borings were advanced using a hand auger. • Collect samples at 0.5, 1, 1.5, 2, and 3 feet below grade in each boring. Initially the 0.5 and 1 foot deep samples were analyzed for chlorinated pesticides by EPA method 8081A and Title 22 metals by EPA method 6010B. The remaining samples were held for further analysis depending on the results of the initial sampling. • Analyze the 0.5 foot deep sample from boring HA -6 for soluble lead. • Prepare an assessment report documenting the sampling and testing program. J r Rincon Consultants 31A767 �l Limited Phase 11 Environmental Site Assessment 8 -Acre Property, Fairhaven Memorial, Santa Ana, California �* GEOLOGIC AND HYDROGEOLOGIC SETTING (( Topography 1, The current USGS topographic map (Orange Quadrangle 1981) indicates that the site is situated at an elevation of about 190 feet above mean sea level with topography sloping slightly to the southwest. Site GeolM According to the Geologic Map of Orange County (Miller, 1981), the site is underlain by alluvium and colluvium. The USDA soil survey for this area (Soil Survey, Orange County and l Western Riverside County, 1978) indicates that the soil types present in the site vicinity are primarily San Emigdio series soils. San Emigdio series consists of well -drained soils on flood plains and alluvial fans that formed in mixed alluvium. r, Regional Groundwater Occurrence and Quality According to the Orange County Water District Groundwater Contour Map (November 1994), groundwater in the vicinity of the site is approximately 50 feet above mean sea level. This corresponds to a depth of 140 feet below grade. A review of the State of California Geotracker website shows depth to water in this area to be approximately 110 feet below grade. IhmmWeJ CK11M HAND AUGER SAMPLING Eight hand auger borings were advanced at the locations shown in Figure 2. The borings were advanced to a maximum depth of 3 feet below grade. Five soil samples were collected from each boring at depths of 0.5, 1.0, 1.5, 2 and 3 feet below grade. A total of 40 soil samples were collected during this assessment. The borings were advanced using a 4 -inch diameter, stainless-steel hand auger. At the designated sampling depth, a soil sample was collected directly from the hand auger and put into a4 ounce glass jar. Samples were labeled and stored in a cooler with blue ice pending delivery to the analytical laboratory. The borings were backfilled with the cuttings. The sampling equipment was decontaminated between uses by washing with a non -phosphate solution followed by a potable water rinse. LABORATORY ANALYSIS The soil samples were transported to American Scientific Laboratories of Los Angeles, California under chain -of -custody documentation. Initially, 16 soil samples (from depths of 0.5 and 1 foot below grade) were tested for chlorinated pesticides by EPA Method 8081A and for Title 22 metals by EPA method 6010B and 7471A. Soil samples from 1.5, 2, and 3 feet below Rincon Consultants 31A.768 t Limited Phase II Environmental Site Assessment 8 -Acre Property, Fairhaven Memorial, Santa Ana, California grade were placed on hold pending analytical results from the 0.5 and 1 foot samples. Following the initial analysis, the 0.5 -foot sample from boring HA -6 was analyzed for soluble lead by EPA f method 6010B. RESULTS SOIL SAMPLING No soil discoloration was noted for the soil samples collected. Soil was comprised primarily of light brown, dry, loose silty sand at the surface, becoming dense silty sand at. 3 feet below grade. No groundwater was encountered in the borings. A summary of the soil analytical testing program is included in Tables 1 and 2. Copies of the laboratory analytical reports are included in Appendix 1. The pesticides Chlordane, 4,4 DDE, and 4,4 DDT were detected at varying concentrations in the soil samples collected from 0.5 and 1 feet below grade. Varying concentrations of metals were detected in the soil samples collected [ from 0.5 and 1 feet below grade. DISCUSSION This section provides a discussion of the significance of the reported site contaminant - concentrations relative to published thresholds. To evaluate the significance of the reported contaminant levels in the soil samples collected from beneath the subject property, we compared these levels to threshold levels established by the United States Environmental Protection Agency (USEPA) and the State of California Department of Toxic Substances Control (DTSC). Pesticides in Soil: The USEPA has developed risk-based Preliminary Remediation Goals (PRGs) for various pollutants in soil (USEPA Region IX, Preliminary Remediation Goals Tables, 2004). PRGs can be used to screen pollutants in environmental media, trigger further investigation, and provide an initial cleanup goal. PRGs consider exposure to pollutants by means of ingestion, dermal contact, and inhalation, but do not consider impact to groundwater. PRGs have been developed for both industrial and residential sites. Residential and industrial PRGs for pesticides are listed in Table 1. Pesticides were detected at varying concentrations in the soil samples collected and analyzed for pesticides (Table 1). The detected concentrations of pesticides were all below their respective PRGs for residential properties and substantially less than their respective PRGs for industrial properties. Varying levels of the pesticides 4,4' -DDE (ND to 8.31 µg/kg), 4,4' -DDT (ND to 30.3 µg/kg), and Chlordane (ND to 68.8 µg/kg) were detected in the soil samples collected and analyzed for pesticides. Table 1 provides a comparison of the concentrations of pesticides detected at the site with their respective PRGs for residential and industrial sites. Based on the USEPA criteria, none of the samples with detected levels of pesticides exceeded their respective PRGs for residential or industrial soils. rRincon Consultants 341Ar69 Limited Phase II Environmental Site Assessment 8 -Acre Property, Fairhaven Memorial, Santa Ana, California The State of California DTSC has also developed threshold levels for various pollutants in soil. The total threshold limit concentration (TTLC) and soluble threshold limit concentration (STLC) are used to determine whether excavated soil would be classified as a hazardous or non- hazardous waste for disposal purposes. The detected concentrations of pesticides in the soil samples collected and analyzed for pesticides were compared to the TTLC thresholds established by the DTSC. None of the detected concentrations of pesticides exceeded their respective l TTLCs nor were high enough to warrant soluble (STLC) analysis. Metals in Soil: Varying concentrations of metals were detected in the soil samples collected and analyzed for metals. The PRGs for residential and industrial settings for arsenic are 0.062 and 0.25 mg/kg, respectively. Background concentrations of arsenic found in western United States soils (non -contaminated sites) range from 0.10 to 97 mg/kg (Shacklette and Boemgen, Element Concentrations in Soils and Other Surficial Materials of the Conterminous United States, USGS, 1984). The USEPA states that generally they do not require cleanup below natural background levels. In light of this fact and in our experience, regulatory agencies typically consider the use of local or regional background concentrations as the threshold concentration for requiring further investigation or remediation. All of the analyzed soil samples detected arsenic concentrations above the PRGs for residential and industrial settings and all of the detected concentrations are within the range of naturally occurring background concentrations for arsenic in western United States soils. In addition, the levels of metals detected were compared to total threshold limit concentration levels established by the DTSC. The TTLC is used to determine whether excavated soil would be classified as a hazardous or non -hazardous waste for disposal purposes. STLC and TTLC levels for metals are listed in Table 2. Lead was detected in the 0.5 -foot sample from boring HA - 6 at a level that warranted soluble (STLC) analysis. The additional STLC analysis revealed non - detect levels of soluble lead. Metal concentrations detected for all of the other samples analyzed for metals did not exceed their respective TTLC levels and were not high enough to warrant soluble (STLC) analysis. CONCLUSIONS Based on the soil sampling and analysis for this Phase H ESA, the following has been concluded: • The levels of pesticides detected in soil samples collected from the subject property do not exceed PRG or TTLC thresholds established by the USEPA and DTSC. • The levels of metals identified in the soil samples collected from the subject property were within the published background ranges for metals in western United States soils. 0 Lead was detected in the 0.5 -foot samples collected from boring HA -6 at a level that warranted soluble (STLC) analysis. The additional STLC analysis revealed non -detect levels of soluble lead in that soil sample. Detected levels of metals in the other soil samples did not exceed PRG or TTLC thresholds established by the USEPA and DTSC. .J rRincon Consultants 31A-770 �j Limited Phase II Environmental Site Assessment 8 -Acre Property, Fairhaven Memorial, Santa Ana, California RECOMMENDATIONS Based on the results of this limited Phase It ESA, no further assessment is recommended. LIMITATIONS This report has been prepared for and is intended for the exclusive use of Fairhaven Park & Mortuary. The contents of this report should not be relied upon by any other party without the written consent of Rincon Consultants, Inc. Our conclusions regarding the site are based on the results of a limited subsurface sampling program. The results of this evaluation are qualified by the fact that only limited sampling and analytical testing was conducted during this assessment. l This scope was not intended to completely establish the quantities and distribution of contaminants present at the site or to determine the cost to remediate the site. The concentrations of contaminants measured at any given. location may not be representative of conditions at other locations. Further, conditions may change at any particular location as a function of time in response to natural conditions, chemical reactions and other events. Conclusions regarding the [ condition of the site do not represent a warranty that all areas within the site are similar to those sampled. 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T'. & . 41. t � � ' '� ! 4 b 4 ? 4 ♦ A N+Y} �. r '_ S �^' � r3 yx z � Fi t �...�, wrrrl R� pp'. r � �.:- FA�f1 W� 1.: i +■ 41 � ttit 117051.000' W WGS84 117050.000' w 0 S 1 MILE •- �•• Site Boundary Source: USGS 1981 TVicinity Map NORTH r 31,A►J2 Rincon Figure 1 Table 1 - Analytical Testing Summary - Pesticides Sample Designation Depth (feet) 4,4' -DDD Pesticides (ug/kg 4,4' -DDE 4,4' -DDT Chlordane HA1 0.5 ND ND ND ND 1 ND 8.31 ND ND HA2 0.5 ND ND ND 5.08 1 ND ND ND ND HA3 0.5 ND ND 12.3 7.59 1 ND ND ND ND HA4 0.5 ND ND ND ND 1 ND ND ND ND HA5 0.5 ND ND 30.3 68.8 1 ND ND 25 36.5 HA6 0.5 ND ND ND 7.91 1 ND ND ND 11.68 HA7 0.5 ND ND ND ND 1 ND ND ND ND HA8 0.5 ND ND ND ND 1 ND ND ND ND Detection Limit 4.0 4.0 4.0 2.0 USEPA PRG -Residential 2,400 1,700 1,700 1,600 USEPA PRG -Industrial 10,000 7,000 7,000 6,500 STLCI 100 100 100 250 TTLC 1 1,000 1,000 1,000 2,500 ND - not detected pg/kg - micrograms per kilogram (parts per billion) USEPA PRG - United States Environmental Protection Agency, Region 9, Preliminary Remediation Goal for residential and industrial sites (October 2004) STLC - Soluble threshold limit concentration TTLC - Total threshold limit concentration Analysis: Pesticides - EPA Method 8081A (see attached laboratory report for complete listing of pesticides) 17 31AP74 N c () N t1 N a) 7 m 0 a) O) C: m ti C a) E2 m O v 0 0 N N a O U 0 U) a) N fC 7 'm c v c rn m E Ln O C -(Do �E a o �a CD o v C7 � o i6 a) () o E o a) w J O Z E - m E > c' Lo aa) .E N a) E m D U CA E a) c O a) _O L O CD U m CD � c > T m m U � L c m o cmX x c Q a) c = a c O + •- O U CO C a) c m a) CD _ o a vcmn� E O -m C m U c a) O Co 0 0 E m EU c += O U m �c c o.E> E o o —cici o D L�now� Lon a) c w mt m o E T) a) air m:a-o + t U N L C 5 n N :5_ N 7 m 2 a) U y Z o U c J O F- F- Of Cn C) z U) F 00 U C co C6 M d: C'') cr ti CO f� p M co t- CO CM M CO LO I� O) O Ln O O O O O N CO CD O) CO co O r N w 0-,t CD 00 Lo M Lo O N O M O O N 0 E '-�-a m MIR -CO M OOI-- -7 .- to MNOOO- M U! 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San Fernando Rd., Los Angeles, CA 90065 Tel: (323) 223-9700 Fax: (323) 223-9500 Project ID: 05-20290 Project Name: Fairhaven Memorial Number,, of .Pages 17.. Date Received'10;/19/2005`„ Date, Reported TO'/27/2005` Job;Number ..,. Ordered Client .- 27266 10/19/2005 RINCON Enclosed are the results of analyses on 16 samples analyzed as specified on attached chain of custody. ,� DM Alk MOLKY Brar boratory Manager Rojert G. Araghi Laboratory Director American Scientific Laboratories, LLC (ASL) accepts sample materialsfrom clients for analysis with ,the assumption that all of the information provided to ASL yerbally.or in''. writing by our clients (and/or their agents), regarding samples being submitted to ASL, is complete and accurate., ASL acceptsall samples subject to the following conditions: , 1) Ak is not responsible for verifying any client -provided information regazding'any samples submitted to the'laboratory. 2) ASL isnot responsible £or any consequences resulting from any inaccuracies, omissions, or inisrepresentations contained in.client-provided information zegazding samples submitted to the laboratory;,, Mi 0 C O U - U 0 W F- O 0>- = w U O w 0 U- W C� C m oCL `.'. Q cc M N U � - M cc U ❑ a w N h a � � —' bD r-� z�� o o � o W 'Rid- j ol i4 O U - U 0 W F- O 0>- = w U O w 0 v V 7i v Q ❑ Cf) o j d i4 LLJ E (1) 6 J ft- Q � � D O 0 cu h - - m O -- - 1m 0 Q ¢ a a CC Cc U- U NIN a� E N N D EE O - W LLJ CL -_j V J 4fj O cts � Q J m i ao 00 co o c oC Q. o a v Q LT A U o� c U v V 7i v ir I's o C'X m O � J cn Q C C -' U- E LL . C U - cc ff o Q Ii q ccL_ N U M cc W U o J a 1 W � N M O N 0 -- b.p Z N Z EL) m w O � co M U= Q- Z O w 0 O to I- O 0>- w w U 0= O J9£6o7-AV OW cc LU 13 d LU E Q) .o Q ) Q ,h C O Q) � o o Q c Co a4 - 0 y N (wry .x C a ZZ NJ cc a Q Q a c� Cc U° U �, m . En co m U_ Q Q) C E= Q) O (`Y Q c J O�. Q W o -_ to Ccs m� m y cn c o m ¢ ) U - S • CO - { c U C Cc C V c (tom J9£6o7-AV A d d A Page: Project ID: Project Name: AMERICAN SCIENTIFIC LABORATORIES, LLC L.iil`: i'0f7ti1 '.fllf./ 7 e SfI Services 2520A,'. Scut Ferny uio Rfl- L_osAn�ete>s, CA 90065 Tel: (23) 2213-9700- Fax: (323) 223-9500 ANALYTICAL RESULTS 3 05-20290 Fairhaven Memorial Method: 8081A, OrRanochlorine Pesticides Job Number Order Date Client 27266 10/19/2005 RINCON Our Lab I.D. 157879 157880 157881- 157882 157883 Surrogates Con.Limit % Rec. Rec. % Rea. Rec. Rec. Surrogate Percent Recovery Decachlorobipheny] 43-169 112 114 99 110 113 Batch No: C: r-* QUALITY CONTROL REPORT Analytes LCS % REC.% LCS DUP REC LCS RPD % REC LCS/LCSD % Limit LCS RPD % Limit Aldrin 56 65 14.9 42-122 <30 4,4' -DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 30-147 <30 gamma -Hexachlorocyclohexane (Gamma -BHC, Lindane) 54 61 12.2 32-127 <30 Heptachlor 65 73 11.6 i 34-111 <30 af-'319 ', (( o 0 Page: Project ID: Project Name: AMERICAN SCIENTIFIC LABORATORIES, LLC -'17Vi'1`017!11E'Hk11 Services "i 10 ,,V. Sart Fernando h'rL. 1.4):s .Angeles. C:1 90065 lel: (.323) 223-9700 Fax: (32 3) 223-9500 ANALYTICAL RESULTS 5 05-20290 Fairhaven Memorial Method: 8081A, Organochlorine Pesticides Job Number Order Date Client Page: Project ID: Project Name: AMERICAN SCIENTIFIC LABORATORIES, LLC -'17Vi'1`017!11E'Hk11 Services "i 10 ,,V. Sart Fernando h'rL. 1.4):s .Angeles. C:1 90065 lel: (.323) 223-9700 Fax: (32 3) 223-9500 ANALYTICAL RESULTS 5 05-20290 Fairhaven Memorial Method: 8081A, Organochlorine Pesticides Job Number Order Date Client 27266 10/19/2005 RINCON Our Lab I.D. 157884 157885 157886 157887 157888 Surrogates Con.Limit % Rec. Rec. Rec. Rec. Rec. Surrogate Percent Recovery Decachlorobiphenyl 43-169 112 101 98 109 95 Batch No: QUALITY CONTROL REPORT Analytes LCS LCS DUP % REC % REC LCS RPD %'REC LCS/LCSD % Limit ' LCS RPD . %limit Aldrin 56 65 14.9 42-122 <30 4,4' -DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 30-147 <30 gamma -Hexachlorocyclohexane (Gamma -BHC, Lindane) 54 61 12.2 32-127 <30 Heptachlor 65 73 11.6 34-111 <30 31A;$7 a AMERICAN SCIENTIFIC LABORATORIES, LLC l d 1 ;•ri13.'Fii't2tiai lb'_$'�fllo St:'i`i'1c':F * r 4 l ?i � 3-i700 Fax: f 3-3) "3-9100 ;..��--� 2520A.'. .Srtn Fi�rnundn Rd . Ln.�-lrt,cli'.i. C:-� "Jrl(JG_ %i�.' fi_- i - -- r Page: Project ID: rProject Name: I: 7 05-20290 Fairhaven Memorial ANALYTICAL RESULTS Job Number Order Date Client 27266 10/19/2005 RINCON Method: 8081A. Orvanochlorine Pesticides Our Lab I.D. 157889 157890 157891 157892 157893 Surrogates Con.Limit % Rec. Rec. Rec. % Rec. 96 Rec. Surrogate Percent Recovery Decachlorobiphenyl 143-169 109 120 122 112 105 l I Batch No: UALITY CONTROL REPORT Analytes LCS % REC LCS DUP % REC LCS RPD % REC LCS/LCSD % Limit,' LCS RPD % Limit Aldrin 56 65 14.9 42-122 <30 4,4' -DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 1 30-147 <30 gamma -Hexachlorocyclohexane (Gamma -BHC, Lindane) 54 61 12.2 32-127 <30 Heptachlor 65 73 11.6 34-111 <30 31A7�U r r r r c t i r a Page: Project ID: Project Name: AMERICAN ,SCIENTIFIC LABORATORIES, LLC !' i;�'i;'i;1i71�1.'1l�%i/ i E.SEiJI;; _�f,'i-l•'1C`e`:i 2520,1'. San Fernando W.- Los .Angeles. CA 90065 7i°I: 0,23) 23-01765 Fax: t 2 j 23-9500 9 05-20290 Fairhaven Memorial ANALYTICAL RESULTS Job Number Order Date Client 27266 10/19/2005 RINCON Method: 8081A, Orizanochlorine Pesticides Our Lab I.D. 157894 Surrogates Con.Limit Rec. Surrogate Percent Recovery Decachlorobiphenyl 43-169 ill Batch No: l_ QUALITY CONTROL REPORT Analytes LCS % REC LCS DUP % REC LCS RPD % REC LCS/LCSD % Limit LCS RPD % Limit Aldrin 56 65 14.9 42-122 <30 4,4' -DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 30-147 <30 _ gamma -Hexachlorocyclohexane (Gamma -BHC, Lindane) 54 61 12.2 32-127 <30 Heptachlor 65 73 11.6 34-111 <30 31A7A3 r i t o s a j o Page: Project ID: Project Name: 1 Batch No: ti C} AMERWAN SCIENTIFIC LABORATORIES, LLC l,Il? i!'t�lilJlC'iilLdl i "no Seri," -S 2-5-20N. San l ernatzdn Rd., Lo.s Angeler. CA 900015 h,1: 1-323) -'23-9700 Fax: (3213) 223-9500 11 05-20290 Fairhaven Memorial ANALYTICAL RESULTS Job Number Order Date Client 27266 10/19/2005 RINCON Method: 601013/7471A, CCR Title 22 Metals (TTLC) QUALITY CONTROL REPORT Analytes LCS LCS/LCSD % REC % Limit AA Metals Mercury 108 80-120 ICP Metals Antimony 99 80-120 Arsenic --------- 97 80-120 Barium 100 80-120 Beryllium 98 80-120 Cadmium 99 80-120 Chromium 88 80-120 Cobalt 102 80-120 Copper — -- - 95 80-120 Lead --- 99 80-120 Molybdenum 102 80-120 Nickel 104 80-120 Selenium 96 80-120 Silver 99 80-120 Thallium 99 80-120 Vanadium 98 80-120 Zinc 98 80-120 P a d a •v'� s� r lig � d Page: Project ID: Project Name: Batch No: AMERICAN SCIENTIFIC LABORATORIES, LLC 25220.-V. an Feni ndo Rd.. Lot :A17. vles. i .-i 0000 /P!: f i 2 i) 2-711-9700 Fax: (32 3) 2-23-9500 13 05-20290 Fairhaven Memorial ANALYTICAL RESULTS Job Number Order Date Client 27266 10/19/2005 RINCON Method: 601013/7471 A, CCR Title 22 Metals (TTLC) QUALITY CONTROL REPORT Analytes LCS % REC LCS/LCSD % Limit AA Metals Mercury 108 80-120 ICP Metals Antimony 99 80-120 Arsenic 97 80-120 Barium 100 80-120 Beryllium — 98 80-120 1 — - Cadmium 99 80-120 Chromium 88 80-120 Cobalt 102 80-120 Copper 95 80-120 Lead 99 80-120' Molybdenum 102 80-120 Nickel 104 80-120 Selenium 96 80-120 Silver 99 80-120 Thallium 99 80-120 Vanadium 98 80-120 Zinc 98 80-120 3 1A 70 5 Page: Project ID: Project Name: Jr,. Batch No: AMERICAN SCIENTIFIC LABORATORIES, LLC iL(d T --'vow se'n ?_'(l San /cne:wdo Rd LosAngelcv. C.A 90005 li, ( 323) 213-Y700 /ctx: ( 23) 213-9500 15 05-20290 Fairhaven Memorial ANALYTICAL RESULTS Job Number e Client a i a F 10/19/2005 a Page: Project ID: Project Name: Jr,. Batch No: AMERICAN SCIENTIFIC LABORATORIES, LLC iL(d T --'vow se'n ?_'(l San /cne:wdo Rd LosAngelcv. C.A 90005 li, ( 323) 213-Y700 /ctx: ( 23) 213-9500 15 05-20290 Fairhaven Memorial ANALYTICAL RESULTS Job Number Order Date Client 27266 10/19/2005 RINCON Method: 6010B/747I A, CCR Title 22 Metals (TTLQ QUALITY CONTROL REPORT LCS LCSILCSD Analytes % REC % Limit AA Metals Mercury 108 ; 80-120 ICP Metals Antimony 99 80-120 Arsenic 97___80-120 - -- ---- - — Barium - ----- 100 80-120 -- Berylliwn ---- 98 80 -120 Cadmium 99 80-120 --- --- — Chromium 88 80-120 -- — ----- ---- — - - -- Cobalt ----- --- 102 ao-izo �Copper ------ -- 95 80-120 —— —-------- ----- -- - —- - -- -- ---I---j —-----I Lead 99 80-120 Molybdenum 102 80-120 Nickel 104 80-120 1 — Selenium 96 80-120 Silver 99 80-120 Thallium 99 80-120 Vanadium 98 80-120 Zinc 98 80-120 -- — -- Wn 0 a 0 AMERICAN SCIENTIFIC LABORATORIES, LLC t C i ': r t;?'fi''lllii?2iiTilj !r c'.Si177 Sf'j i'1L'c.'_S 25'0 r i S "2i-( it '' -!-"-1-()500 _..-..»-.e.-s..,.�,._.->,,. _,t. SrurF'crrrnndnlZd-. /._a :�rr�rlrs. C.4 "1(lU<_. Irl: i.>:.?I _ h.l(i Fcr.r: i_i__.} ANALYTICAL RESULTS 17 05-20290 Fairhaven Memorial Method: 6010B/7471A, CCR Title 22 Metals (TTLQ QUALITY CONTROL REPORT Job Number Page: Client Project ID: 10/19/2005 Project Name: Mercury 108 80-120 ICP Metals Batch No: ANALYTICAL RESULTS 17 05-20290 Fairhaven Memorial Method: 6010B/7471A, CCR Title 22 Metals (TTLQ QUALITY CONTROL REPORT Job Number Order Date Client 27266 10/19/2005 RINCON Analytes LCS LCS/LCSD % REC % Limit AA Metals Mercury 108 80-120 ICP Metals Antimony 99 80-120 Arsenic 97 80-120 Barium _ 100 80-120 Beryllium 98 80-120 Cadmium _ 99 80-120 Chromium Cobalt Copper 88 80-120 —� 102 80-120 95 80-120 Lead ---- — --- - 99 80-120 --- Molybdenum 102 80-120 Nickel 104 80-120 Selenium 96 80-120 Silver 99 80-120 Thallium 99 80-120 Vanadium 98 80-120 Zinc_ -59B B_ 80-120 arn119 Q AMERICAN SCIENTIFIC LABORATORIES, LLC 'I'[ '17171 C t17 ! E_',%It;s; -5e'.t i'JC'e:S '520 •1' Salt Fe•riiowio Rd Ins- Oji-eles CA 9006 Tial' 22? -9700 Fax- i ?23) 22? -9500 ANALYTICAL RESULTS Ordered By Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, CA 93001 Telephone: (805)641-1000 f Attn: Bart Templeman Page: 2 Project ID: 05-20290 Job Number Project Name: Fairhaven Memorial 27415 Method: 6010B, STLC Lead l_ Batch No: Order Date Client 11/02/2005 RINCON Our Lab I.D. 158667 Sample ID Date Sampled HA6-0.5 10/17/2005 Date Extracted 11/04/2005 Preparation Method Date Analyzed Matrix 11/08/2005 Soil Units Detection Limit Multiplier mg/L 1 Analytes PQL Results ICP Metals Lead (Soluble) 0.50 ND QUALITY CONTROL REPORT Batch No: LCS LCS/LCSD Analytes % REC % Limit ICP Metals Lead (Soluble) 92 80-120 A • •I KO — 2/16/06 RESOLUTION NO. 2006-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 2005-28 AND APPROVING CONDITIONAL USE PERMIT NO. 2005-33 AS CONDITIONED TO ALLOW THE EXPANSION OF FAIRHAVEN MEMORIAL CEMETERY TO THE PROPERTY LOCATED AT 1701 EAST FAIRHAVEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2005-33 to allow the expansion of the existing cemetery operations to property owned by Fairhaven located directly across the street on the north side of Fairhaven Avenue at 1701 East Fairhaven Avenue. B. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2005-28 and Conditional Use Permit No. 2005- 33 came before the City Council of the City of Santa Ana for a public hearing January 23, 2006. The Planning Commission closed the public hearing and continued the matter to February 13, 2006. C. The property is zoned General Agriculture (Al). Santa Ana Municipal Code Section 41-201.5 allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed project will expand an existing cemetery and will provide additional internment space for the community. In addition, the extensive landscaping included in the project and its accessibility to the public will create a park -like Resolution No. 2006-002 31A-89 Page 1 of 9 setting that will serve as a place of quiet contemplation and open space which will provide a benefit to the surrounding community. Finally, the proposed project will construct a new public sidewalk on the south side of Fairhaven Avenue thereby improving pedestrian circulation and safety. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The potential environmental impacts of the proposed cemetery expansion have been analyzed through Mitigated Negative Declaration 2005-28 and it was determined that the proposed project would not result in any significant adverse environmental impacts. Based upon this analysis, the project will not cause any detrimental effects to the health, safety or general welfare of persons residing or working in the vicinity. In addition, the proposed project provides for extensive landscape setbacks on the northern perimeter adjacent to existing single family residential houses which will further serve to buffer the facility from the existing homes. By their nature, cemeteries are quiet, low intensity facilities that, if operated according to stringent State standards for proper internment practices, do not pose significant health threats to those who reside near, work in or visit them. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing cemetery, Fairhaven Memorial Park, was originally established in 1911 and is one of the oldest and most respected cemeteries in Orange County. The proposed expansion of the facility will further enhance the business operation of the cemetery and provide for its long- term economic success thereby providing a very stable use for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a cemetery and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. Resolution No. 2006-002 31A-90 Page 2 of 9 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project is consistent with the General Plan land use designation of Open Space, which anticipates cemetery uses. The proposed construction of approximately 12,596 square feet of mausoleum and chapel space is well below the amount of square footage that could be constructed on the site per the Open Space FAR of 0.2. The property, zoned General Agriculture (A1), allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning district (SAMC Sec. 41-201.5). The proposed project meets or exceeds all of the City's development standards. Based upon this analysis the proposed use will not adversely affect the General Plan or any specific plan of the City. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-28, prepared with respect to this Project. The Planning Commission has, as a result of its consideration 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, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission 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 § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2005-33 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated Resolution No. 2006-002 31A-91 Page 3 of 9 February 13, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of February, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De LaTorre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Bv: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2006-002 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 13, 2006. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2006-002 31A-92 Page 4 of 9 Conditions for Approval for Conditional Use Permit No. 2005-33 Conditional Use Permit No. 2005-33 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 belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 2005- 20. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The vehicular accent paving at the primary project entry on Fairhaven Avenue shall be constructed of integrally -colored concrete with a decorative scoring pattern. A plan detailing the final materials and design for the entry treatment will be submitted to the Planning Manager for review and approval prior to issuance of building permits. 4. The peaked roof architectural features on the community mausoleum buildings shall be structurally integrated into the structures as part of the roof and shall not be parapet -style additions to the fagade. 5. The new perimeter fence along Fairhaven Avenue shall match the existing decorative North Garden fence with the exception that the pilasters will be constructed with a stone veneer to match the proposed stone veneer on the community mausoleum buildings. 6. The landscape palette shall include pine trees of the species Pinus canariensis (Canary Island Pine) and Pinus halepensis (Aleppo Pine). Said trees shall be a minimum of 48 inches box in size. The landscape palette shall also include olive trees (Olea europaea) of a no -or -low fruit bearing variety. Said trees shall be a minimum of 48 inches box in size. A revised landscaping plan indicating the location of the trees shall be Resolution No. 2006-002 Exhibit A Page 5 of 9 Page 1 of 4 Mimi] 7. submitted to the Planning Manager for review and approval prior to issuance of building permits. 8. The landscape plan shall include a water feature at the primary entry off of Fairhaven Avenue. The final design of the water feature, conceptually approved by the Planning Commission at their meeting of February 13, 2006, shall be detailed on the revised landscaping plan and submitted to the Planning Manager for review and approval prior to issuance of building permits. 9. The mosaics on the community mausoleum shall be redesigned to depict scenes of nature and the outdoors. Renderings depicting the final design of the mosaics shall be submitted to the Planning Manager for review and approval prior to issuance of building permits. Mitigation Measures 10. Grading plans and construction plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. b. All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. All material transported off site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 11. In the event unknown cultural resources are encountered during construction operations, all construction activity near the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. 12. Prior to the issuance of grading permits the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: a. A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number. b. Two copies of the Storm Water Pollution Prevention Plan. Exhibit A Resolution No. 2006-002 Page 2 of 4 Page 6 of 9 13. Prior to issuance of grading permits, the project applicant shall prepare a Water Quality Management Plan that includes the following: a. Site Assessment b. Site Design BMPs c. Applicable Routine Source Control BMPs d. Mechanisms by which funding for long term operation and maintenance of all structural BMPs will be provided. e. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation 14. Prior to issuance of grading permits, the project applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 15. Prior to issuance of grading permits the project applicant shall provide payment for the Federal Clean Water Protection Enterprise Fee. 16. Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the hours of 7:00 a.m. to 8:00 p.m. Monday Through Saturday and no construction activity shall take place on Sundays or federal holidays." 17. Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate, including warming up, until after 7:00 a.m." 18. Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers." 19. Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging areas shall be located away from existing residential uses." B. Police Department The cemetery may operate only during the hours between sunrise and dusk and will otherwise be closed to public access thereby obviating the need for parking lot lighting. Resolution No. 2006-002 Exhibit A Page 7 of 9 Page 3 of 4 31A-95 2. Each building will have eave lighting for security purposes, though no wall - packs, or other light which may create spillover effects into the adjacent residential neighborhood, may be permitted. 3. The applicant, Fairhaven Memorial Park, pursuant to California Vehicle Code section 21100 shall provide the Chief of Police or his designate for review and approval a proposed program of instruction in the enforcement of traffic law for contracted personnel. That program shall be specifically designed for the security company designated to conduct those duties at the Memorial Park. In addition to the training program, the security guard company must be approved by the Chief of Police. During events where guests will be crossing Fairhaven Avenue the approved uniformed security guards, in a number sufficient to achieve traffic control, will direct pedestrians to safely cross Fairhaven Avenue. At each service requiring traffic control the management of Fairhaven Memorial shall notice the on duty Watch Commander of the Santa Ana Police Department of their intent to control traffic and shall specify the number of guards deployed. The approved guards shall be present during the entirety of the service in order to provide for safe pedestrian crossing and to control and direct traffic as needed. Any sworn representative from either the Police or Fire Departments has the ability to evaluate and observe the guard's performance and recommend additional training and or changes in the way the traffic control is being performed if necessary to ensure the safety of drivers and pedestrians. The Chief of Police or his designate, including both sworn police officers or firefighters, reserves the right to revoke this condition, temporarily or permanently, if they observe the traffic control being handled in an unsafe manner. Significant special events which may impact traffic at other intersections other than Columbine and Fairhaven will be required to be handled by the Santa Ana Police Department's Traffic Division. Fairhaven Memorial will be responsible for those costs. Exhibit A Resolution No. 2006-002 Page 4 of 4 Page 8 of 9 lkimllel' PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. On [date], I served the foregoing document described as: Resolution No. 2006= 002 on this action by placing a true copy thereof enclosed in sea a enve opes addressed as follows: [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAM I REZ Resolution No. 2006-002 Page 9 of 9 31A-97 31A-98 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 ion tst r� TITLE: MODIFICATION TO CONDITIONAL USE PERMIT NO. 1988-31 TO ALLOW A CHURCH PARKING LOT AT 1609 WEST FIFTH STREET - OUR LADY OF PILAR CHURCH, PLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving modification to Conditional Use Permit No. 1988-31 as conditioned. PLANNING COMMISSION ACTION On February 13, 2006, the Planning Commission approved modification to Conditional Use Permit No. 1988-31 as conditioned by a vote of 6:0 (Rodriguez absent) to allow a church parking lot expansion in the Community Commercial (Cl) zoning district at 1609 West Fifth Street (Exhibit A). The Planning Commission added a condition requiring the parking lot lighting conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino cutive Director Planning & Building Agency AN:rb an\p1ancomm\cup88-31mod1.cc 31 B-1 _N REQUEST FOR Planning Commission Action '''—� �fducation I,, - PLANNING COMMISSION MEETING DATE: FEBRUARY 13, 2006 TITLE: PUBLIC HEARING - FILED BY OUR LADY OF PILAR CHURCH FOR MODIFICATION TO CONDITIONAL USE PERMIT NO. 1988-31 TO ALLOW A CHURCH PARKING LOT IN THE COMMUNITY COMMERCIAL (C1) ZONING DISTRICT AT 1609 WEST FIFTH STREET Prepared by Ann Hsin-An Ni PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO /. -f - v_j6.c- Executive Director Planning Man ger RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 1988-31 as conditioned. DISCUSSION Request of Applicant Our Lady of Pilar Church is requesting approval to modify Conditional Use Permit No. 1988-31 to allow a church parking lot expansion in the Community Commercial (Cl) zoning district at 1609 West Fifth Street. Property Description The proposed parking lot at 1609 West Fifth Street is 0.13 acre in size, rectangular in shape, and is currently vacant. This parcel is located in the Community Commercial (Cl) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). The existing church is a 0.59 -acre through lot with frontages on both Fifth and Sixth Streets. The site is flat and irregular in shape and is presently occupied by a church and a parking lot. The main assembly room contains 526 permanent seats. A total of 108 parking spaces are provided on-site. This parcel is located in the Two -Family Residence (R2) and Community Commercial (Cl) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7) . EXHIBIT A Modification to CUP No. 88-31 February 13, 2006 Page 2 The property is surrounded by single-family residences and a school to the north, single-family residences and commercial to the south, single- family residences to the east and a combination of multi -family residential and commercial to the west (Exhibits 1 and 2). Project Description The proposed project involves the construction of a new parking lot which will add 11 parking spaces to the existing church parking lot. A total of 119 parking spaces will be provided, while 175 spaces are required by the current code. A 15 -foot landscape setback and four on-site landscape planters will be provided. A five-foot wide landscape planter and a five- foot high block wall are proposed adjacent to the residential property to the east. Access to the proposed project will be provided by an existing driveway approach on Fifth Street (Exhibits 3 and 4). Analysis of the Issues Our Lady of Pilar church was originally established in 1960 by Conditional Use Permit No. 7 with a reduction in the parking requirement. In 1962, Conditional Use Permit No. 78 was granted to redesign and expand the parking area. In 1988, Conditional Use Permit No. 1988-31 was approved to allow the redesign and expansion of the parking area with a total of 108 parking spaces. Since a church use is conditionally permitted in the Two - Family Residence (R2) zoning district under the current code, expansion of the church parking lot requires an amendment to the conditional use permit. The church has acquired an additional parcel on Fifth Street that is contiguous to the existing church parking lot. The proposed parking lot will be integrated with the existing parking lot and meets all development standards, including setbacks and landscaping. The proposed parking lot addition will bring the site into closer compliance with current code requirements, with the on-site landscaping improvements and the decorative block wall enhancing the visual appearance of the site. Additional on- site parking will relieve neighborhood street parking impacts and be a benefit to the area. The church use is conditionally permitted within the zone and the proposal meets all development standards. Further, the project complies with the provisions set forth in the Two -Family Residence (R2) and Community Commercial (C1) zoning districts and the Land Use Element of the General Plan. As a result, staff recommends approval of Modification to Conditional Use Permit No. 1988-31 as conditioned. Modification to CUP No. 88-31 February 13, 2006 Page 3 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 2 exemption allows in -fill development projects. Categorical Exemption Environmental Review No. 2004-248 will be filed for this project. Ann Hsin-An Ni Associate Planner AN: jm an\p1ancomm\cup88-31mod1.pc Vince FregosICP Senior Plann r 1 ST ST C2 C2 CZ M1 o R2 R2 h 0 R1 R1 R4 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C -SM COMMERCIAL SOUTH MAIN Cl COMMUNITY COMMERCIAL C1 -MD COMM. COMMERCIAL -MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3 -A CENTRAL BUSINESS -ARTIST VILLAGE C4 PLANNED SHOPPING CENTER 05 ARTERIAL COMMERCIAL R1 R1 R1 coO v~i R 1 °D !'R2, 0 jR2LR1 ase. R1 — svi CR COMMERCIAL RESIDENTIAL GC GOVERNMENTCENTER Mt LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SD SP R1 R1 R1 Rt GC Rt GC R1 ❑ P P I-- P y P C1 Ct R2 R2 R2 R1 R2 R1 R R2 R1 R2 MVRR2 ST R2 R1 r --i I r_ R1 F�2F SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE -FAMILY RESIDENCE SUBURBANAPARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN MODIFICATION TO CUP 88-31 1� OUR LADY OF PILAR CHURCH cw 1622 WEST SIXTH STREET — 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 31 B-5 MODIFICATION TO CUP 88-31 H OUR LADY OF PILAR CHURCH 1622 WEST SIXTH STREET Jw P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 B-6 S1 A GL F AM f LY R E SI DEN T IAL TWO FAMILY RESIDENTIAL P R I V A T E W :) S C H O O L J cn Q W ¢ W Q M L T I W U F M f Y RESIDE NT, AL O Cc c\l cc SIXTH STREET MUl TI FAA ILY MULTI FAMILY RE IDE TIAL RE S. Q Q J Q J J W W COMMERCIAL Lu i � O S 1 If G L F A M I L Y R E I DEN T I A L FIFTH STREET W COM ERCIAL Z I = MFR COM ME CIAL Lu WLu SINGLE FAMILY RESIDENT! L cn a WcrJ 11 Q C O M M E R 1 A L bw W U � /LLMij !W! _� �¢ i¢ O W O MODIFICATION TO CUP 88-31 H OUR LADY OF PILAR CHURCH 1622 WEST SIXTH STREET Jw P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 B-6 CUPE)11918fT 3ONVN0 d0 3S30010 —�, - w+�� _.— Iwyu�lm,oap,aau.6xa,00l :vow -3 VlNllcwnv:) 'VNV V1NVS -- S5Z9B-969-696 :vuj 9959-Z6>-696 4d Zs%Ran,�nls�puoluaw... 10 ud o6 6fl h ga H'3unNo Wild d0 Am NVId 31lS Nf10 ,i r/x Lonve a2 -.l : -1 -- • • uld puo aw6u3 I!ryJ 3 1 •ONI bNIF�V10110 'IVOl � Q zo N ¢p 6 ��3�s•3� f „o r u, a4= y ss w�Ine d X kl<¢• � € o � N S CL LLJ cx3 Q �AN o o G J € n^R� N 8tl 9CL vJ O Z .W'LZI I I � I O I I I I I I I I I ----------- ------------------ ---- ------ I I I I ' - — — — -- — — —' — — — — — — — — — — III a'; I i I i 3w $I V , I I F ---- � ' ---- I 1 -- --� I � f Hj -----------•-- LUfr m w C- „ s. CC t- • ppm ri g LL I • yp� +_`_BIS i------------- --- 4---_—_---- is j �9 6x -------------Da------- a '- a2 La� I I I I I i i I I I , �------------ x;;21 � — — — — — — — — — — — — I w I I I oz j CUPE)11918fT Il HDdnH7 dVllld AHI do AOVIHDidno +; ^. II I VLN2iO�IlV7 �VNV V1NV5 � R z I � I L� z o � n L % I � II d I ti i a a' I w � r • KO — 02/07/06 RESOLUTION NO. 2006-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THE MODIFICATION OF CONDITIONAL USE PERMIT NO. 1988-31 TO ALLOW A CHURCH PARKING LOT EXPANSION IN THE COMMUNITY COMMERCIAL (Cl) ZONING DISTRICT AT 1609 WEST FIFTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant has filed an application seeking to modify Conditional Use Permit No. 1988-31 to allow a church parking lot expansion in the Community Commercial (C1) zoning district at 1609 West Fifth Street. B. In 1962, Conditional Use Permit No. 78 was granted to redesign and expand the parking area. In 1988, Conditional Use Permit No. 1988-31 was approved by the Planning Commission to allow the redesign and expansion of the parking area with a total of 108 parking spaces. C. The modification of Conditional Use Permit No. 1988-31 came before the Planning Commission of the City of Santa Ana for a public hearing February 13, 2006. D. Santa Ana Municipal Code Section 41.247.5 permits churches with a conditional use permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed parking lot expansion for an existing church, as conditioned, will contribute to the general well being of the neighborhood and the community by providing additional on- site parking spaces that will bring the site into closer compliance with current code requirements. The on-site landscaping improvements and decorative block wall will enhance the visual appearance of the site. 31 B-9 Resolution No. 2006-003 Page 1 of 7 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking lot expansion for an existing church will not be detrimental to the general welfare and safety of the surrounding businesses and residents. The church use has existed at this location since 1960. Additional on-site parking will relieve neighborhood street parking impacts and be a benefit to the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed parking lot expansion for an existing church will provide additional on-site parking for the church which will relieve neighborhood street parking impact and be a benefit to the area. The proposed parking lot expansion should enhance rather than adversely affect economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the church facility and the parking lot expansion. Additionally, the church facility and the proposed parking lot expansion will be in compliance with the conditions of approval included. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The church and the proposed parking lot expansion is in an area designated Low Density Residential, seven dwelling units per acre (LR7) in the General Plan. The use is consistent with the General Plan and zoning district that allows a church facility. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 2 exemption allows in -fill development projects. Categorical Exemption Environmental Review No. 2004-248 will be filed for this project. 31 B-1 � Resolution No. 2006-003 Page 2 of 7 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modification of Conditional Use Permit No. 1988-31 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth for the property located at 1609 West Fifth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 13th day of February, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De LaTorre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Christopher Leo Chairman 31 B-1 1 Resolution No. 2006-003 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-003 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 13, 2006. Date: Clerk of the Planning Commission City of Santa Ana 31 B-1 2 Resolution No. 2006-003 Page 4 of 7 Conditions for Modification of Conditional Use Permit No. 1988-31 Modification to Conditional Use Permit No. 1988-31 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninci Division 1. The project shall remain in compliance with Site Plan Review DP No. 2004-99. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed block wall along the east property line shall be decorative and shall include caps and pilasters, subject to review and approval of the Planning Manager. 4. Prior to issuance of a building permit, a lot merger to consolidate the proposed lot parcel with the existing church parcel shall be recorded. 5. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 6. Public payphones, if provided, may only be located within buildings or in the interior of the site. Exhibit A Resolution No. 2006-003 Page 5 of 7 B. Police Department Existing parking lot lighting must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Exhibit A Resolution No. 2006-003 Page 6 of 7 31 B-14 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd , Santa Ana, California 92702. On [date], I served the addressed as follows: [insert the following here Addressee Address] ng document described as: inal Use Permit 1988-311 in this [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. Resolution No. 2006-003 Page 7 of 7 31 B-15 l REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: RESOLUTION AUTHORIZING THE SUBMITTAL OF A LAND AND WATER CONSERVATION FUND PROGRAM GRANT APPLICATION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1" Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $100,000 to the Land and Water Conservation Fund Program for construction of a wheelchair basketball court at the Kiwanis Barrier - Free Playground in Carl Thornton Park. DISCUSSION The State of California Department of Parks and Recreation is accepting grant applications for the Land and Water Conservation Fund Program (LWCF). The LWCF Program was established through federal legislation in 1965 and has been instrumental in the development of parks throughout the United States. The Kiwanis Barrier -Free Playground was designed to provide the opportunity for special needs children to play and camp in a park setting. The proposed project will provide wheelchair bound individuals the opportunity to play on an Americans with Disabilities Act compliant basketball court. The LWCF Grant Fund requires a 50 percent match of non- federal money. The Kiwanis Club of Santa Ana has committed to provide the required match. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet Executive Director Parks, Rec. & Comm. Svgs. Agency 55A-1 0227061ss RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR A WHEELCHAIR BASKETBALL COURT AT THE KIWANIS BARRIER FREE PLAYGROUND AT CARL THORNTON PARK 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 Congress, under Public Law 88-578, has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and B. The California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and C. Said adopted procedures established by the State Department of Parks and Recreation require the City of Santa Ana to certify by resolution the approval of application(s) and the availability of eligible matching funds prior to submission of said application(s) to the State; and D. The building of a wheelchair basketball court at the Kiwanis Barrier Free Playground at Carl Thornton Park is consistent with the Statewide Comprehensive Recreation Resources Plan California Outdoor Recreation Plan — 2002; and E. The Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project. Section 2. The City Council approves the submittal of an application for $100,000 in Land and Water Conservation Fund assistance to build a wheelchair basketball court at the Kiwanis Barrier Free Playground at Carl Thornton Park; and Section 3. The City Council certifies that the City has matching funds from Park Acquisition and Development Funds and can finance 100 percent of the Project, half of which will be reimbursed; and Resolution No. 2006 - Page 1 of 2 55A-2 Section 4. The City Council certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project; and Section 5. The City Council appoints the City Manager, or the Executive Director of the Parks, Recreation and Community Services Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney la Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers , 2006. Miguel A. Pulido Mayor CERTIFICATE OF ORIGINALITY & ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2006 - Page 2 of 2 Clerk of Council City of Santa Ana 55A-3 55A-4 REQUEST FOR COUNCIL ACTION - �ducation jsr CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: REPORT OF THE AD HOC CHARTER REVIEW COMMITTEE ,�> CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing CONTINUED TO FILE NUMBER Receive report of the Ad Hoc Committee on Charter Review and schedule a Work Study session for the City Council meeting of March 20, 2006 to review the committee's recommendations for changes to the City Charter. DISCUSSION On May 2, 2005, the City Council created an Ad Hoc Committee on Charter Review comprised of Mayor Pro Tem Bist, and Councilmembers Alvarez and Garcia. The Ad Hoc Committee reviewed the current City Charter and made several recommendations for changes to various sections in the charter. On September 19, 2005, at the recommendation of the Ad Hoc Committee, the City Council created the Charter Amendment Citizens' Task Force and directed members to review and comment on the Ad Hoc Committee's recommended amendments. A summary of the actions taken by the Task Force and the subsequent action taken by the Ad Hoc Committee on January 31, 2006 is attached as Exhibit A. Also attached is a copy of the proposed charter language for each affected section of the City Charter. In the event that the Council decides to submit one or more proposed charter amendments to the voters in November, 2006, the Special Election would be consolidated with the General Municipal Election for the offices of Mayor and Councilmember Wards 2, 4, and 6. The Request for the County Registrar of Voters to conduct AM Report of the Ad Hoc Charter Review Committee March 6, 2006 Page 2 the elections must be filed with the Board of Supervisors no later than August 11, 2006. To ensure sufficient time to prepare all the necessary documents and provide for a ballot argument process, it is recommended that the Council make the decision relative to submitting ballot measures no later than the first Council meeting in July 2006. The Ad Hoc Committee on Charter Review is recommending that the Council request staff to schedule an initial Work Study session on March 20, 2006 to discuss the proposed amendments in greater detail. FISCAL IMPACT There is no fiscal impact at this time. An estimate of any additional costs for calling a Special election for the purpose of submitting Charter Amendments to the voters will be requested from the Registrar of Voters once the Council determines how many ballot measures will be placed on the November ballot. I M W W~ r F Y Y Y N cu cu U N N m a U > > � > ami y 0J O O c a) O C a) O C a) CL CZ aEo aE`o nE `o Q LL ¢ ¢ a) LL ¢ ca LL ¢ ca LL 0 O O > C N = O O` CL cn a) U CL > 0) c w= >, a) -0 a) r Oa) _ cu O 7 '00 _ 0 N N N a1 C C M 070 3>, ur C— _OI OI>, CD >, O > N f. ZE2 a) co Q r a) U " a• a) U 7L' 7 -0 "O O— a) N O C -Fu Ln ZE3OL o Eoo c E(D m aa) 2 .0 y 0 y m N t C N y u)c3c O O C Q 7 C a (0 0 C N c a) O — a) U U V U N N a) :0: O C C 7= N a) "O E N C E O O O 'O (Cp} _— 7 a) a) tR 0 o c o o °?'m a) L) E ar ° m� > 3 _ a acu 0 a IL acia`)im°a`)imc°7ia•>>_caciYE aci>a`�0uw L)) Q E 7aw°U 7awm E7a�i E 7 E o° o a)n)> m LU O p C .° o 7 a) -0 0 �' E '— a3 cm >O m C m N N N N E CA -07 O V O> 'ca cp C U 0.' O -O -� a) L)—)$Z03 O p a3 -O N �E a) U U.> >U5 a) > a°iLL3�c�>m > 0 0 F Q Q a a O 0 U m @ 0oS 'O Ca) 0ON O o C = a u a) a) ~ mor'0 07 .3O 0 m w w0roc°) U c L om; Eo LU 2 a) La)) 0) C L 3 0 7 0 N O — C E a) ��oaNi3 �¢ c o urs _NE o a) c `� 0 a) 0) vwmo E0m> mE (D gt Ea a) E: u a °, UOQ 0 c Q E O> a)— U U >>•a) S— 0 C a) u .0 Y 5 — z D W Qs�moa)wU0 O a) a) _01 O O '� O .. w 3 70 .m LL 0) LU LU Q U o Lu U N CD 7 a cq 7 It a 65B-3 W LLIC C >1 O U Cl) N m O N U a3 Mw a U c6 O N T as a N T Co a 0 OL c = bi N Q a3 -0 U �-O c "a CU U �-0 m.@zap`°>o c O-j0Ca� 0Ca� OEEE�m� SQ a° 0 aa) 0 E c E o° > o? a o aE o a) o U o 0 QW Q mL Q mli x DU DU DY N S -0 ° a) Y N 67 c N` O N > m nc N EL°� O U a7 ami a7 EEr N c� a) 7 O N E cu N N N m a E a1 o = o c° c 5 E. o.L) O U O ` E �L Qa � Eoa c �2 a° o�v a) O 7 0 U O N �-.-. 7 0 ° O O p U '- DQ O .L-. Up N U C m M .0 m 0 0 m U a) o N° C U C N E >� 7 C C ° F Z a3 .. c _ t .., c z 'N `o 'L 'E (Np w z s O E z C o o o 14n) LU T a) > Y a� E a Q 3 o _ E C C "O U C N tO C O 0 a) .- z A N O E a) O a) N� a) a N a a7 E a1 N Z ° N a p m� N 'C O O U d a1 Y O 'a C a) o m C >, 2 U 5 C O N G m U C O gW ON mo E°0aci� Q C oEmo _4a�mEo`or0-f00 M a� c >, ° �°,�� m m E un o E mm ma y 0 a) (CO 0 'O U O@ N` @@.�U N E o E E E M O N m O z nE a) 1- �f° U� O E .0 U O 0 O a n� C a� Q> cE�c°>Ua) O �aoc 'E a) IL E y m �2 ami o` 3.= m E w�a'g� m az N E 03a E W °' V 0 N-0 c ° E `m � E S c U m � as p U N'7 as o Q, � Co° m ` as � 'm � ci E w �c > ` E c� ° ca E a) aEi E n 0 0)O m a�iow ��w w mwU� °c `o O3oUU °QU�F°- v E� 0 > U. ai a ' n • • a FQ Q Q a N CO L > . U OO U E` N N y U 0 O aa) �� o o u m c c c o " Na E E m Q) O a > 7 C N 0 w 0 'y >a 7` a a� '0 a� O c o W Z cw O 0 0 w O OL N N � 0 CU -o 0) as o C E Q O N N° � N c� O 20 OW m2 cam as _r_ Ca Ca N c�>-o �U CL V N >M C V= O c O U 7 a) a 2 CD U a CD N 2 O C N a) ` a w 0 -0 O W ° U 0 0 0 N E Q QOCU m �Bo U Em W K N N 7 S W U) N a a0) rn 65B-4 65B-5 Y LO w cu Fw -14 ~ F cn H L... O CoN _a a U N N N N N -0-0 () N N N O J 0 0 U C a) > O > O > O > O > O "O C > O > O G? o -Eo n n n a CL CL a n Q LL Q@ LL Q Q Q Q Q a) LL Q Q 0 O -°•L... — > ca CU CL 0 -0 �' a)0 E Em co° Er ° O° °> C 1p U f0 o a) a) aa) aa)a ) wT N a) Lo N O T a) a N a) rn N m F wa) d °- o) N c O O L U �° O mo cpm ° o 2 N O b.N U E U O (nU O N w a) a a3 n N ° a) d a) v a) N N a o E- O c °Q m CL c U) c (D > E p 3� a°i �cE ° ° ��N�Co CD -T c �a �a,o�aci ,., a �noy a �oU o tea) �a)NEE . a)° E> o LU c 'E ' a) c c n� cn m 0 .0 r o Uc Ix a) - EEE.a�m �EZo a) a) N ate) ami m LL E > > > > a) > a) > ate) > U • • • O O O O O • • O O Cl Cl CL Cl CL Cl CL Cl CL a CL Cl CL Q Q Q Q Q Q Q a) C o Ca) O >_ N U L N C o ° m N c a1 a`) a (D '° Mn U a) O N CD a) Q. a7 p C 0 U 7 C U @ O () w 0 a) .7 �.`- C '� 7 U C a) Z w C U> '° .° C a Z 0) N O M ° 0 Lcr, N> L O �Cp N aa) N U cn w Z E 7 7 C 2 0 .0 o E a) O O) 0 7 �. C E C° O a) a) Ll E -°c w O a) NE N.L. °)° O f6 �� °N O 24 0) O O .- a) a) Nw — O O) N N O Z O C_A'@O w0 C C L C a a5 a7 N a) N m L o U w C W C O a1 a3 a) a3 C U -C C N U a1 L O N N a) U O =U E F E> O 4 .N (n > n 0 O 0 'O a) c o > E @ o'a=-0 y a E aNi'Z'a ¢m CL of Q-0 aa))U oU (ca IT) axi 00)) afwina o w w O O = w U N 0 m O .- N W O O O O I O O O N m 65B-5 RED LINE VERSION OF CHARTER CHANGES Sec. 400. Number, selection and terms of members. The city council shall consist of seven (7) members elected at the times and in the rnatter {manner} provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin ell,... ing such ,aeetio. at ., r-`, regularly sehedulea m__`.'. _g of the eit ...._aat 6:00 nm on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the city. Candidates for each office of councilmember other than the mayor shall be nominated from such ward by the electors of such ward and candidates for mayor shall be nominated by electors of the city, but all councilmembers shall be elected by the vote of the electors of the city at large. 65B-6 See. 401. Qualifications of members. (8 Year Waitin¢ Period) To be eligible to be elected to the office of councilmember, a person must be a registeredgualified voter and a thirty (30) dayresident of the ward from which hethe candidate is nominated at the time nomination papers are issued to him as provided for in e ef the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which hethe councilmember (or, in the case of an appointee, histhe councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, histhe office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which hethe councilmember (or, in case of an appointee, his -the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, hethe councilmember shall not lose histhe office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, histhe office shall immediately become vacant and be so declared by the city council. No person shall be eligible for nomination F r or plertirn to tl,e rfF:re rF eeurlri�4ffA person who has served two (2) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember's second consecutive full term. Short or partial terms shall not be considered- in determining eligibility for appointment, nomination or election. For purposes of this charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term. 65B-7 Sec. 402. Compensation of members. BashEffective after the 2008 general election, each member of the city council, including the Mayor, shall receive as compensation for his -ems their servicess•�ny salary in the ,.um of one hundfed ,...a ....o...., five dollars ($125.00). The ,,,ea+ber eleete,� is fi" .ho R ffi p of a monthly salary established by ordinance in an amount up to that as may be established by, and calculated in accordance with, the provisions of state law for general law cities of the size of Santa Ana. This reference to general law shall not be deemed to constitute adoption of such law in Santa Ana, but shall only be used for reference purposes in calculating city council salary. The Mayor shall receive the additional amount of seventy-five dollars ($75.00) €er-eac-hper month Fn .he RFFp'e ,.o..,,...,..- Further, each member of the city council shall receive reimbursement for required travel and other expenses while on official business of the city as authorized and approved by the city council. Absence of a member of the city council from all regular and special meetings of the city council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month unless by permission of the city council expressed in its official minutes. MI Sec. 404. Presiding officer, mayor. 2 year term, 10 year limit -4 year Waiting Period The mayor shall be a member of the city council and shall preside over the meetings of the city council. The mayor shall have voice and vote in all of the city council's proceedings and shall be recognized as head of the city government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the city council, consistent with histhe office. The mayor shall be elected by the voters of the city at large at each general municipal election in November of even -numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the city council in the same election. in the event -- ineumbent eit eatmeii member other than the mayor A person who has already served five (5) consecutive terms of two (2) years each as mayor shall be eligible for nomination for or election or appointment to the office of mayor or council member no sooner than for a term beginning after at least two mayoral terms have passed following completion of that person's fifth consecutive term. Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election as mayor. For purposes of this charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. 65B-9 Sec. 413. Adoption (Ordinances). Every ordinance shall be introduced in writing in the fofm :n whie,, i t is to b a.,nn-. passed. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. in the not that eAiy e fdi e,+iee ether than an erdinanee . a4terea after its not be finally adepted exeept at a regular of adjetimed regulaf fneefing, held net less th six (6) days after the date upen whieh n .nh ordiron. .ne ... so alterea A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, providing its general scope and original purpose are retained. The rights and powers conferred on the city council shall be exercised by ordinance py-evided by this ehatlef or- by law. , resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the city council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the clerk of the council. 65B-10 Sec. 421. Non -Public Works Contracts, purehases, publie works FOFMalit' I. CalThe city shall not be bound by any contract, exeept as hefeinafter previdedi unless the same shall be made in writing by order of the city council, except as hereinafter provided and signed by semean officer irlon behalf of the city who has been authorized to do so by the city council. The approval of the r « of all r6 ft«.-a6ts shall b endorsed thereen by the e:ty atte r his designated - nta6. e The city council may by ordinance authorize by the a ffi ....,.five ..etes of majority of its members, any affieer of the eity to bind the eity en eentraets in "fing • 7 ad-veftising andwithetA pfevietts approval by the e:t., eatifte:l of e..eh Spee: fie item Fer- thepa5qiient F h .. F mawrials, supplies, labor, e ,.t .. eche valuable eens•a F h .f the eity, in amounts «eta eeding five h, ndfed fella.« eF.. Majority of its member,, the city manager to bind the city on contracts in wrifiwithout advertisingand without «ousappf^1 by the nit. :1 of e eh a spee'C item f « the «a.. « et e f eharge.. fe - materials s"plies, labor, the« r � a valuable eensi be F h A the e:t.. or emer-geney pablie .. erle; eenstruetien \ i hereinafter- ,fefined)t ^ «ea a .«tteeding the sthffi often th..,.san i dollars ($10,000.00) without a eantfaet let to the lewest responsible bidder after netiee, i any one eentraet.for such amounts as may be established from time to time. At least quarterly, the City Manager shall place on the City Council agenda for information a report of contracts let by the City Manager pursuant to authority granted hereby. That report shall include the identities of contractors and amounts of each contract. (c) The city council shall establish by ordinance rules and procedures for competitive bidding for purchase of or contracts for materials supplies equipment or services including exceptions from formal bidding as the city council may deem appropriate including providing for emergencies. Nevertheless such rules and procedures shall provide where feasible for review of such alternative sources of such materials supplies equipment, or services, including professional services, as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality goods, services, or performance at minimum cost, and may provide for use of other public agency bidding and contracting processes where found to be otherwise consistent with this charter. Nothing herein contained shall authorize any person to bind the city on any such contract if the same be a portion of a larger purchase or series of purchases which, in the aggregate, exceed the authority herein spe6&A. set by the city council hereunder. 65B-11 Sec. 422. Public Works Contracts. (a) For purposes of this section, "public works construction" shall be deemed to mean a proiect for the erection or improvement of public buildings, streets, drains, sewers, or parks. Maintenance and repair of public buildings, streets, drains, sewers, or parks shall not be considered as public works construction. b(�Every contract ($10,000.00) for mate_ials supplies, 1..bor, equipment, ,.d.e,...,.i... ble e side.-ati n for public works construction in excess of that amount set from time to time by ordinance of the city council pursuant to (c) below shall be made by the city council with the lowest and best bidder after publication for at least two (2) days in a newspaper of general circulation in the city of notice calling for bids and fixing a period during which such bids will be received, which shall be for not less than ten (10) days after the first publication of said notice. (c) The city council shall adopt by ordinance rules and procedures for competitive bidding for all public works contracts, which rules and procedures shall establish limits for public works contracts approved by the city manager. Such rule and procedures shall establish criteria for thresholds for formal and informal bidding, rejection of bids and readvertisement and dispensing with bidding. Notwithstanding the foregoing any rule permitting rejection of all bids or dispensing of bidding and/or performing work with city forces for any reason including an emergency shall require the affirmative votes of at least two-thirds ( 2/3) of the members of the city council. 65B-12 MW 65B-12 65B-13 Sec. 901. Appointments, removals, vacancies, terms. (alExcept as otherwise specified in this charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the city council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards or commissions having at least seven (7) members, the city council shall select seven (7) members from nominations made by the council member (or the mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, (as determined by the city council in accordance with subsection (e) below, together with nominations from any other member of the council. All other appointments shall be as determined by this charter, or by the city council from time to time. Beginning with terms starting after the 2006 General Election, at least fifty -percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. Vacancies from whatever cause arising shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. All terms shall begin on the same date as city councilmember terms as provided in section 400 of this charter. (cZIf a member of a board or commission absents himself from4hree two (42) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one- half (1/2) of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city, histhe office shall become vacant and shall be so declared by the city council. (d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served two (2) consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the city council Notwithstanding the foregoing, one seat shall be a city-wide seat having a (2) year term which coincides with that of the Mayor, and which shall be limited to four (4) consecutive terms of two (2) years each Short or partial terms (as defined for city council in Section 401 of this Charter) shall not be considered. Unless otherwise provided by ordinance of the city council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, andthe terms of the g -three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1), as designated by the city council, shall coincide with the term of the mavor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with 65B-14 the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. The city council shall determine which members of such boards and commissions serving as such at the time of the April, 1983 general election shall serve shortened or extended terms. Beginning with terms starting immediately following the 2006 general election, for board and commissions with at least seven (7) members, the city council shall designate seven (7) board and commission seats by ward, and one city- wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 901. Except for pumoses of the fifty -percent (50%) nomination rule in subsection (a) above, residency in that ward is not required. 65B-15 Sec. 901.1. Prohibition against serving as treasurer for campaign committee. If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the city council. Any provisions of this Article IX notwithstanding no person who serves as the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember shall be eligible for appointment to any appointive board or commission. 65B-16 Sec. 91 0. Sai ,e 910 Planning Commission -Powers and dxties Duties The planning commission shall have power and be required to: (a) Prepai-7e and maintain a mastef plan fef the physieal development of the eity and of any land outside the boundaries ther-eaf A"ieh, in the periodically (b Make studies and plans for future civic land use, including use as public recreation facilities; whieh shall set fefth all of the eapital improvements rentemplated by the sevefal o ffiees dept «4mu.No and other ageneies ,. .. f the eity or ift g to r pfiaritywith the afnewit of funds fequir-ed"v'.-vu.Pic'sz improvement and the r progfa l ll L. ,l h it a � � manager J e (c) Annually review the city's capital improvement program solely for consistency with the general plan; Exercise such functions as to land subdivisions, zoning, and other city planning as may be prescribed by ordinance. (e) By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the city council or the city manager, or to both such authorities, as it may see fit. 65B-17 Sec. 911. Personnel board --Membership. The personnel board shall consist of seven (7) members to be appointed by the city council from the qualified electors of the city. None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in the city government or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the personnel board or for a period of one (1) year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the city. 65B-18 Sec. 912. Same --Powers and duties. The personnel board shall have power and be required to: (a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; and as otherwise provided for in the civil service rules and regulations; (b) Consider matters that may be referred to it by the city council or the city manager and render such counsel and advice in regard thereto as may be requested by the referring authorities; (c) By its own motion, make such studies and investigations as it may deem necessary for the formulation of civil service policies, or to determine the wisdom and efficacy of the policies, plans, and procedures dealing with civil service matters and report its findings and recommendations to the city manager or the city council, or to both such authorities, as it may see fit; (d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its findings in such matters within sixty (60) days. 65B-19 Sec. 1000. Civil service system. A eivil sen4ee system shall be as follows in addition to neees&ary+ak—,ef implemefitatieii to be established by or-ditianee and as may be reeemmended by the persennel beardi (a) Th The City Council shall establish and maintain a civil service system which shall provide that the most qualified and competent empleyees ersons shall be appointed and promoted; based upon fair and equitable competition for the positions to ensure the highest quality city government--{bj That -fie , free from political or other inside influences shall affeet ppeintme«t., er-premetiens. (e) That there shall be, while ensuring equal opportunity fefall persons ., fdless of age, sex religion, e,,,7 .,. riW stat h l handieap, or nationaleriginin conformance with all applicable laws. The system shall be created through a series of civil service rule and regulations, established by ordinance or resolution as deemed appropriate by the city council, which shall ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees. intent and purpose of the e it sen4eepfevisions F this eharter. These 1 d regalatiens shall previde: (a) Preferenee fef vet ransiei, and which shall provide for preference for veterans in appointment to civil service positions consistent with the principle of merit. 65B-20 Sec. 1002. Civil service and excepted service. The civil service system of the city shall cover all employees of the city not excepted by this section. (a) The excepted service shall comprise the following offices and positions: (1) The individual offices held by all elective officers; (3) The eit., ttef e. d his legal t..«t.. 'f....,... �..� xxxv cx.Taccvxx[cj a%[¢xx[,T legal assistants, �Lif� Y lT.f F!7!7S1:!)��lit!Ell1�� (7) The head of eaeh depaFtment of the eity not otherwise speeifie he«e:« and the rhief ad -m -i ist ...five eff...er of the re eyelepme..,tageney of the City of Santa A«.. and of the l.ettsine ehief or the fire ehieR e (2) Council -appointed officials and their assistants, if any, (83) One private secretary to the city manager; (4) The head of each department of the cit, (95) All members of boards and commissions; (196) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an eeeasienal and a e«tio , natttfe; (1-17) Positions in any class or grade created for a special or temporary purpose, and which are to exist for a period of not longer than ninety (90) days; (1L8) Positions of any class or grade exempted from the civil service for a maximum of six (6) months in any calendar year provided that the personnel board upon application of the city manager and after public notice and hearings recommends to the city council such exemption and the city council grants such exemption by motion adopted by two-thirds ( 2/3) of its members. Any such exemption shall not affect the tenure of any person whose appointment has become final under civil service; 65B-21 (19) Part-time positions or employments requiring less than twextyyforty (2040) regular hours of employment per week; (1510) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under federal or state statutes. (b) The civil service shall comprise all positions not specifically included by this section in the excepted service. (c) In the event an officer or employee of the city holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom, hethat person shall revert to histheir former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if hethe officer or employee had remained in said position continuously. (d) In the event an officer or employee of the city is holding a position in the civil service that is removed from civil service through amendment of this section, such officer or employee shall retain all of the benefits of such civil service status so long as the employee or officer continues to hold such position. 65B-22 Sec. 1200. Elections --Conducting. The conduct of all municipal elections by the clerk of the council shall be under the control of the city council which shall, by ordinance or resolution, provide for the holding of all municipal elections. 65B-23 65B-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2006-2007 CITY MANAGER RECOMMENDED ACTION �I ifaUcat1ot15�. CLERK OF COUNCIL USE ONLY: U92ZM:W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 t Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve the proposed fiscal year 2006-2007 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2006-2007 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION RECOMMENDATION Direct staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2006-2007 Community Development Block Grant Social Services Programs to the City Council. By a vote of 7:0 (Hoa absent) at its Special Meeting of February 1, 2006. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received Community Development Block Grant (CDBG) funds to improve low- and moderate -income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including 75A-1 Public Hearing - CDBG Program FY 06-07 March 7, 2006 Page 2 housing, street improvements, parks and public works improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2006-2007 will be $7,106,574. No more than fifteen percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2006-2007 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 179 organizations in September 2005. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conduct three public hearings held on January 18, 24, and 30, 2006 in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council consideration. The proposed fiscal year 2006-2007 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. The HRC ranking and funding recommendations for the social service programs is also provided (Exhibit 2). The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,106,574. These funds will be available for the approved program effective July 1, 2006. APPROVED AS TO FUNDS AND ACCOUNTS: Patricia C. Whitaker rancisco Gutierrez Executive Director Executive Director Community Development Agency Finance & Management Services Agency PCW/NTE/mlr H:\ACTIONS\2006 CC\PH - CDBGProgFY2006-2007 2-21-06.doc 75A-2 CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY TAB ORDER TAB APPLICANT NAME SERVICE SERVICE G05 -06 6T 06-07 AMT. KRC RECOMM'D POPULATION CATEGORY AMT_ Q' GRANT I Achievement Institute of Scientific Studies Youth Academics $5,000 $ 9,900 7,500 2 Assistance League of Santa Ana Youth Clothing $17,000 $ 25,000 16,000 3 Blind Children's Leaming Center Special Needs Therapy $18,000 $ 25,000 18,000 4 Bowers Museum Youth Academics $5,000 $ 5,000 5,000 5 Boys & Girls Club of Santa Ana Youth Recreation $29,000 $ 30,000 27,000 6 CHCADA-La Familia Family Counseling $0 $ 15,000 0 7 Cambodian Family, The Youth Academics $18,000 $ 45,000 17,000 8 Career Beginnings of Orange County Youth Academics $14,000 $ 18,000 14,000 9 Casa de Salud Family Health Clinic Adults Health $13,000 $ 50,000 10,000 10 City of Santa Ana, PRCSA- McFadden Youth Academics $81,000 $ 86,693 77,000 11 City of Santa Ana, PRCSA-Project Pride Family Recreation $198,000 $ 207,286 177,000 12 Colette's Children's Home Homeless Shelter $0 $ 11,100 0 13 Community Service Program, Inc Youth Shelter $0 $ 15,000 0 14 Council of Orange County Society of St. Vincent de Paul Adults Case Management $0 $ 20,000 0 15 Council on Aging of Orange County Seniors Case Management $6,000 $ 17,982 7,000 16 Dayle McIntosh Center Special Needs Case Management $14,000 $ 12,000 8,000 17 Delhi Center Youth Recreation $5,000 $ 40,000 0 18 EI Centro Cultural de Mexico Youth Recreation $10,000 $ 25,000 10,000 19 EI Sol Science and Arts Academy Youth Academics $0 $ 25,000 0 20 Feedback Foundation, Inc. -Meals on Wheels Seniors Meals $22,500 $ 24,000 17,000 21 Feedback Foundation, Inc. -Senior Lunch Seniors Meals $22,500 $ 24,000 17,000 22 HistArt H Renaissance Inst. Low -Income Recreation $0 $ 32,000 10,000 23 Hope Community Services, Inc. Youth Crime Prevention $0 $ 44,600 0 24 Hotline of Southern California Low -Income Counseling $5,000.$ 5,000 5,000 25 ictims o Human Options Domestic Counseling $20,000 $ 20,000 16,000 26 Info Link Orange County Low -Income Counseling $0 $ 50,000 5,000 27 Kidsingers Youth Recreation $10,000 1 $ 20,000 10,000 28 Legal Aid Society of Orange Case County Low -Income Management $6,0001$ 7,000 5,000 29 Mariposa Women and Family Center Low -Income Counseling $6,000 $ 10,000 6,000 30 Mercy House Transitional Living Centers, Inc. Low -Income Shelter $19,000 $ 60,000 19,000 31 National Councilon AJcoholism Case & Drug Dependence - Orange Low -Income Management $20,000 $ 25,500 19,000 32 National Heritage -Academy o International Dance Youth Recreation $5,000 $ 10,000 6,000 33 Orange County Bar Foundation Addiction I Youth Counseling $5,000 $ 10,000 6,000 75A-3 Exhibit CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY TAB ORDER TABAPPLICANT NAME SERVICE SERVICE 05-06 5-066 06-07 AMT. RC POPULATION CATEGORY AMT. �Q• GRANT 34 range ounty Bar oun anon Case Programa Shortstop Youth Management $13,000 $ 20,000 11,000 35 Orange County Crazies Youth Recreation $10,000 $ 25,000 10,000 36 Orange County High chool o the Arts Foundation Youth Recreation $0 $ 10,000 7,000 37 Orange County Human Relations Council -Common Low -Income Counseling $0 $ 19,812 12,000 38 Orange County Human Relations Council -Heart of the Youth Recreation $0 $ 15,291 10,000 39 ase Orange County on Track Youth Management $4,000 $ 15,229 8,000 40 Orange County I een Challenge Youth Academics $9,500 $ 9,500 9,500 41 Orange County Youth Commission -Santa Ana Boxing Youth Recreation $7,000 $ 14,500 11,000 42 Relampago Del Cielo, Inc Youth Recreation $0 $ 6,200 5,000 43 Saint Joseph Ballet Youth Recreation $45,000 $ 50,000 36,000 44 Santa Ana Friends for the Animals Low -Income Spay -Neuter $0 $ 10,000 8,000 45 Santa Ana Police Dept, Helicopter Low -Income Crime Prevention $204,875 $ 300,000 167,000 46 Share OurSelves-SOS CARE Low -Income Counseling $0 $ 25,000 0 47 hare Our eves- ree Med/Dental Clinic Low -Income Health $10,000 $ 35,000 12,000 48 Sisters of St. Joseph o rang mp oyment Taller San Jose Low -Income Services $34,000 $ 55,000 35,000 49 Southwest Minority Economilic ase Development Association Low -Income Management $10,000 $ 12,000 8,000 50 Think Together Youth Academics $5,000 $ 25,000 13,000 51 Thomas House Temporary Shelter Homeless Shelter $15,000 $ 30,000 14,000 52 TKO Boxing Club Youth Recreation $13,000 $ 15,000 12,000 53 Vietnamese Community o Orange County, Inc. Youth Crime Prevention $15,000 $ 67,091 12,000 54 WISE Place Homeless Shelter $12,500 $ 12,500 5,000 55mp oyment Women Helping Women Adults Services $5,000 $ 9,000 5,000 56 omens Transitional Living Victims o Center Domestic Shelter $5,000 $ 20,000 5,000 57 Santa Ana Unified School District Police Low-income Crime Prevention $0 $ 271,409 0 $2,097,593 $950,000 Amount Available $ 950,000 Difference $0 75A-4 E`h2`" TAB PROPOSED 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS 2005-06 2006-07 APPROPRIATION REQUEST 2006-07 STAFF RECOMMENDATION Administration & Planning 58 Administration $ 785,000 $ 735,000 $ 735,000 59 Fair Housing Council of Orange County $ 69,985 $ 72,396 $ 72,396 60 General Planning $ 235,000 $ 100,000 $ 100,000 Total Administration & Planning $ 1,089,985 $ 907,396 $ 907,396 Obligations 61 Section 108 Loan Repayment -- Police Holding Facility $ 1,892,815 $ 1,884,155 $ 1,884,155 Total Obligations $ 1,892,815 $ 1,884,155 $ 1,884,155 Capital Improvements 62 Fire Equipment 63 Neighborhood Sponsored Improvements 64 Public Facilities Improvements/ADA 65 Parks and Recreation - Windsor Park Improvements 66 Public Works - Neighborhood Street Improvements $ 700,625 $ 475,000 $ $ - $ 50,000 $ $ - $ 100,000 $ $ 435,000 $ 400,000 $ $ 535,000 $ 400,000 $ Total Capital Improvements $ Code Enforcement 67 Code Enforcement $ 1,670,625 $ 1,425,000 $ 1,795,260 $ 1,720,000 $ 475,000 50,000 100,000 400,000 400,000 1,425,000 1,720,000 Total Code Enforcement $ 1,795,260 $ 1,720,000 $ 1,720,000 Housing Rehabilitation 68 Paint Your Heart Out $ 91,792 $ 90,112 $ 90,112 69 Rebuilding Together O.C. $ 26,000 $ 26,000 $ 26,000 70 Multi -Family Rehab Loans $ 323,963 $ 103,911 $ 103,911 Total Housing Rehabilitation $ 441,755 $ 220,023 $ 220,023 Total Nonsocial Services Request $ 6,156,574 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ 6,156,574 Social Service Requests $ 950,000 TOTAL 06/07 CDBG GRANT $ 7,106,574 Exhibit 1 75A-5 CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY RATING ORDER TAB APPLICANT NAME SERVICE SERVICE POPULATION CATEGORY HRC 05-06 06-07 AMT ARC AVE. GRANT RECOMM'D RATF. ANffREQ(_RANT 40 Orange County Teen Challenge Youth Academics 9.6 $9,500 $ 9,500 9,500 24 Hotline of Southern California Low -Income Counseling 9.0 $5,000 $ 5,000 5,000 4 Bowers Museum Youth Academics 8.9 $5,000 $ 5,000 5,000 5 Boys & Girls Club of Santa Ana Youth Recreation 8.9 $29,000 $ 30,000 27,000 48 Sisters of St Joseph o Employment Orange -Taller San Jose Low -Income Services 8.7 $34,000 $ 55,000 35,000 37 Orange County Human Relations Council -Common Low -Income Counseling 8.7 $0 $ 19,812 12,000 1 Achievement Institute o Scientific Studies Youth Academics 8.6 $5,000 $ 9,900 7,500 10 City of Santa Ana, PR SA - McFadden Youth Academics 8.6 $81,000 $ 86,693 77,000 25 Victims o Human Options Domestic Counseling 8.6 $20,000 $ 20,000 16,000 39 Case Orange County on Track Youth Management 8.6 1 $4,000 $ 15,229 8,000 11 City of Santa Ana, PR SA - Project Pride Family Recreation 8.4 $198,000 $ 207,286 177,000 18 EI Centro Cultural de Mexico Youth Recreation 8.4 $10,000 $ 25,000 10,000 50 Think Together Youth Academics 8.3 $5,000 $ 25,000 13,000 2 Assistance League of Santa Ana Youth Clothing 8.3 $17,000 $ 25,000 16,000 3 BlindChildren's Leammg Center Special Needs Therapy 8.3 $18,000 $ 25,000 18,000 41 range ounty outh Commission -Santa Ana Boxing Youth Recreation 8.1 $7,000 $ 14,500 11,000 43 Saint Joseph Ballet Youth Recreation 8.1 $45,000 $ 50,000 1 36,000 7 Cambodian Family, The Youth Academics 8.1 $18,000 $ 45,000 17,000 15 Council on Aging of Orange Case County Seniors Management 8.0 $6,000 $ 17,982 7,000 19 Ell Sol Science and Arts Academ Youth Academics 8.0 $0 $ 25,000 0 31 31 Nabona ouncil on Alcoholism - Case Drug Dependence - Orange Low -Income Management 8.0 $20,000 $ 25,500 19,000 32 National erdage-Aca emy of International Dance Youth Recreation 8.0 $5,000 $ 10,000 6,000 33 Orange County BWr Foundation Addiction Youth Counseling 8.0 $5,000 $ 10,000 6,000 38 Orange County Human Relations Council -Heart of the Youth Recreation 8.0 $0 $ 15,291 10,000 44 Santa Ana Friends for the Animals -Temporary Low -Income Spay -Neuter 8.0 $0 $ 10,000 8,000 51 Thomas House Shelter Homeless Shelter 8.0 $15,000 $ 30,000 14,000 21 Feedback Foundition, Inc. - Senior Lunch Seniors Meals 7.9 $22,500 $ 24,000 17,000 34 Orange County Bar Foundation Case Programa Shortstop Youth Management 7.9 $13,000 $ 20,000 11,000 36 Orange County High School of the Arts Foundation Youth Recreation 7.9 $0 $ 10,000 7,000 47 Share Our Ives Free Med/Dental Clinic Low -Income Health 7.9 $10,000 $ 35,000 12,000 49 Southwest Minority Economic Case Development Association Low -Income Management 7.9 $10,000 $ 12,000 8,000 52 TKO Boxing Club Youth Recreation 7.9 $13,000 $ 15,000 12,000 20 Feedback FoundaBon, Inc. - Meals on Wheels Seniors Meals 7.8 $22,500 $ 24,000 17,000 22 HistArt H Renaissance Inst. Low -Income Recreation 7.8 $0 $ 32,000 10,000 27 Kidsin ers Youth Recreation7.7 $10,000 $ 20,000 10,000 2g Mariposa Women and Family Center Low -Income Counseling 7.7 $6,000 1 $ 10,000 6,000 75A-6 Exhbft2 CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY RATING ORDER SERVICE SERVICE HRC 05-06 06-07 AMT HRC TAB APPLICANT NAME POPULATION CATEGORY AVE. GRANT REQ RECOMM'D RATE AMT. GRANT 53 Vietnamese Community of Orange County, Inc. Youth Crime Prevention 7.7 $15,000 $ 67,091 12,000 56 Women's Transitional Living Victims o Center Domestic Shelter 7.6 $5,000 $ 20,000 5,000 8 Career Beginnings of Orange County Youth Academics 7.5 $14,000 $ 18,000 14,000 35 Orange County Crazies Youth Recreation 7.4 $10,000 $ 25,000 10,000 42 Relampago Del Cielo, Inc Youth Recreation 7.4 $0 $ 6,200 5,000 45 Santa Ana Police Dept - Helicopter Low -Income Crime Prevention 7.4 $204,875 $ 300,000 167,000 55 Employment Women Helping Women Adults Services 7.4 $5,000 $ 9,000 5,000 28 Legal Aid Society of Orange Case County Low -Income Management 7.3 $6,000 $ 7,000 5,000 30 Mercy House Transitional Living Centers, Inc. Low -Income Shelter 7.1 $19,000 $ 60,000 19,000 16 Case Dayle McIntosh Center Special Needs Management 7.1 $14,000 $ 12,000 8,000 23 Hope Community Services, Inc. Youth Crime Prevention 7.0 $0 $ 44,600 0 46 Share Our Selves Comprehensive CARE Low -Income Counseling 7.0 $0 $ 25,000 0 54 WISE Place Homeless Shelter 6.9 $12,500 $ 12,500 5,000 9 Casa de Salud Family Health Clinic Adults Health 6.8 $13,000 $ 50,000 10,000 26 Info Link Orange County Low -Income Counseling 6.7 $0 $ 50,000 5,000 12 Colette's Children's Home Homeless Shelter 6.1 $0 $ 11,100 0 13 Community Service Program, Inc Youth Shelter 6.1 $0 $ 15,000 0 14 Council of Orange County Case Society of St. Vincent de Paul Adults Management 5.9 $0 $ 20,000 0 57 Santa Ana Unified School District Police Low -Income Crime Prevention 5.8 $0 $ 271,409 0 6 CHCADA-La Familia Family Counseling 5.8 $0 $ 15,000 0 17 Delhi Center Youth Recreation 1.9 $5,000 $ 40,000 0 $2,097,593 $950,000 Amount Available $ 950,000 Difference $0 75A-7 Exh2 ft2 [rlIQOO�