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Home My WebLink About FULL PACKET_2007-02-05ORDINANCE AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGULATING NEWSBOXES IN THE PUBLIC RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Regulations of newsboxes in the public right of way have been in place since 1984. At that time, installation and location standards were adopted as part of the comprehensive newsbox ordinance. The Santa Ana Municipal Code relating to newsboxes is found in Chapter 33, Article V, and was last amended by Ordinance No. NS- 2248 adopted June 5, 1995. 8. A newspaper publisher has requested a minor modification of our current newsbox standards in order to accommodate the display of two publications from a single newbox. C. Currently the code does not allow newsboxes that have a case dimension greater than thirty one and one half (31 ''/2) inches in height to be placed in the public right of way. D. Permitting a five (5) inch increase in case height dimensions will allow the placement of newboxes that accommodate two display windows in a single newsbox. E. Two display windows would allow the display of two publications. F. Changes to the definition of the term "newsbox" are also proposed in order to clarify the distinction between a newsbox and a case. G. No changes are proposed that would limit or hinder valid first amendment activity. H. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such Ordinance No. NS-XXX Page 1 of 5 11 A-1 restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 33-151 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33-151. Definitions. (a) Newsbox means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to newspapers and news periodicals; except that cardboard, plywood or plastic boxes or crates and containers made of similar materials shall not constitute newsboxes. For purposes of this Article, a newsbox shall consist of a single pedestal and case as more specifically described in section 33-161 of this code. Section 4. Section 33-157 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33-157. Placement. (a) Newsboxes shall only be placed near a wall or a building or adjacent to the property line. Newsboxes placed adjacent to the property line shall be placed parallel to such property line and not more than four (4) inches from the property line. (b) No newsbox shall be placed on any parkway. (c) No placement of one (1) newsbox above another is permitted. (d) Every newsbox shall be installed on a single pedestal or up to four (4) may be installed horizontally on a multiple post which shall be securely anchored to the surface and shall be constructed, installed and maintained in a safe and secure condition, approved by the director. Section 5. Section 33-161 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS-XXX Page 2 of 5 11 A-2 Sec. 33-161. Standards. All newsboxes shall comply with the following standards: (1) Each newsbox case shall contain a plastic display window, and an automatic coin return for those newsboxes which are coin operated. In the case of a newbox divided into two compartments, there shall be two display windows, one for each compartment. A newsbox shall not be divided in order to display more than two written or printed material. (2) Each case shall be reinforced with steel angles. (3) Each support frame shall be reinforced with angle iron. (4) Each support frame pedestal shall contain athree-inch to six-inch width steel tube having one-quarter-inch wall thickness. (5) Each support frame and pedestal shall be attached to a steel pad. (6) Case dimensions shall not exceed the following: Height.....36 1/2 inches Length....20 1/2 inches Width....16 1/4 inches (7) Support frame dimensions shall not exceed the following: Length....20 3/4 inches Width....16 1/4 inches Height....1 1/2 inches (8) Steel pad dimensions shall not exceed the following: Length and width....10 inches Thickness.... 3/16 inch (g) The height of the pedestal shall not exceed sixteen and one-half (16 1/2) inches. (10) The height of the entire newsbox shall not exceed fifty-two (52) Ordinance No. NS-XXX 11 A-3 Page 3 of 5 inches. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: (name) City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX Page 4 of 5 11 A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 11 A-5 Page 5 of 5 11 A-6 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SANTA ANA EARLY PREVENTION AND INTERVENTION COMMISSION jwf 1/10/07 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Gang crime and gang-related violence prevention and intervention are distinct from all other violence containment or suppression. Gang crime and violence prevention efforts are proven effective when focused on empowerment, educational and economic progress, and improved life management skills while fostering healthy communities in which people can grow in dignity and safety. B. There is a need for an innovative public/private partnership dedicated to reducing gang and youth violence and its debilitating effects on the City of Santa Ana. C. The five cornerstones of a successful gang prevention and intervention program are: Prevention: Equipping at-risk youth to lead productive lives with skills, through education efforts, training and proactive outreach to provide alternatives to gang affiliation, violence and drugs. Intervention: Working directly with gang-affiliated youth, encouraging them to reject violence, crime and gang affiliation by redirecting their energies into proven positive channels. Suppression: Proactive law enforcement to directly address crime and street gang violence. 4. Rehabilitation: Providing ex-offenders and ex-gang members, both male and female, with social, educational, vocational, interpersonal and parenting skills that support successful reintegration into society and reduce the likelihood of recidivism. 11 B-1 Ordinance No. NS-_ Page 1 of 7 5. Employment: Providing opportunities for gainful employment, reducing the perceived need for ex-offenders to return to gangs, crime and drugs in order to provide for their basic needs. D. The overarching goals of the Early Prevention and Intervention Commission shall be to: Reduce the number of gang-related crimes. 2. Reduce the level of gang membership and activity. 3. Mobilize the community into action to ensure that youth do not join gangs. 4. Improve community capacity to address crime, violence, and gang activity. 5. Identify resources, develop strategies, and design inter- agency programs which will improve services to youth that are gang involved or at risk of gang involvement. E. The Commission's mission shall be to develop a more strategic, coordinated, and collaborative effort between the City, law enforcement agencies, social services, and the general public with the objective of enhancing opportunities for youth in Santa Ana to significantly reducing gang involvement, and it's negative impact, in the community. F. Through grassroots organizing and public/private partnerships, the Commission will assist at-risk youth, former gang members, and ex- offenders by developing stable collaborations among youth, parents, service providers, educators, and businesses. These collaborations will divert potentially dangerous gang involvement into more positive and productive educational, employment, and developmental paths, while simultaneously creating a new generation of leaders and role models who enrich their communities and enhance their viability. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Ordinance No. NS- ~ ~ BSA Page 2 of 7 L Section 2. Sections 2-550 through 2-554 are added to Chapter 2 of the Santa Ana Municipal Code to read in full as follows: Sec. 2-550. Establishment There is created and established the Santa Ana Early Prevention and Intervention Commission ("Commission") pursuant to and in accordance with the provisions of article IX of the City Charter. The primary objective of the commission will be to provide recommendations to the city council for early gang prevention and intervention services and programs based on a coordinated approach with a focus on developing a continuum of services based upon sound public policy. Sec. 2-551. Members (a) The Commission shall consist of seventeen (17) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 901 of the Charter of the City of Santa Ana. (b) Two (2) additional at-large members shall be appointed by the City Council. These members shall serve a maximum of two terms of four years each, and shall be subject to the same qualifications, term limits and removal as set forth in Section 901 of the Charter of the City of Santa Ana; except that the City Council may choose to appoint persons who are not qualified electors, in which case such members shall be non-voting members in the same fashion as those appointed pursuant to (c), below. (c) There shall be eight (8) additional non-voting members appointed as follows: one appointed by the governing board of the Santa Ana Unified School District; one appointed by the governing board of the Garden Grove Unified School District; one appointed by the governing board of the Rancho Santiago Community College District; one appointed by the Santa Ana Chamber of Commerce; one appointed by another chamber of commerce in Orange County selected by the City Council; one appointed by the director of Orange County Probation Department; one appointed by the director of the Orange County Social Services Department; and one appointed by a faith-based organization in the community selected by the City Council. These members shall serve four-year terms, and a maximum of two terms of four years each. Said members shall be entitled to attend all meetings of the Commission and to participate in the discussions to the same extent as the Council-appointed members, but they shall not make, second, or vote on motions, or be counted for purposes of determining whether a quorum exists for voting purposes. 11 B-3 Ordinance No. NS-_ Page 3 of 7 Sec. 2-552. Police Chief duties. It shall be the duty of the Police Chief, and/or his/her designee, to report to the Commission all information and data available to him/her which can be of assistance to the deliberations of the Commission and shall advise the Commission on any issues on which they require assistance and/or guidance. Sec. 2-553. Organization, meetings. (a) The Commission shall elect from its voting members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one term. (b) The Commission shall establish rules and procedures for its meetings. It shall hold at least one (1) regular meeting each month, with a minimum of four meetings per year held within the various wards of the city. (c) The Commission may form committees and sub-committees as it may deem valuable for the work of the Commission. It may also organize task forces of community members to analyze critical issues, evaluate emerging trends and facilitate collaboration among local law enforcement, education, social services and community organizations within the Commission's areas of responsibilities. Sec. 2-554. Responsibilities and Duties of Commission The Commission shall have the following powers and duties: (a) Promote a strong sense of community through advocacy and recommendation of proactive policies, ordinances, and guidelines for early prevention and intervention of youth exposure to the influence of gangs. (b) Identify gang prevention solutions that are part of a comprehensive plan and do not require funding. (c) Make policy recommendations to City Council on gang prevention, intervention, diversion and suppression methods. (d) Identify local, state, and federal funding sources for front line law enforcement intervention and prevention. They shall also collaborate with boards, agencies, and residents on gang issues. (e) Consider all matters that may be referred to it by the City Council or the city manager and shall render its recommendations, counsel and advice in regards thereto; Ordinance No. NS- ~ ~ ~_w Page 4 of 7 '~F (f) Provide an annual written report to the Mayor and City Council on the status of the Commission and its activities. Section 3. Section 2-235 of the Santa Ana Municipal Code is hereby amended to add provisions for compensation for the Early Prevention and Intervention Commission, such that it reads as follows: Sec. 2-325. Compensation for members of boards, commissions. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Redevelopment and Housing Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board, fifty dollars ($50.00) per meeting. (c) Planning Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic Resources Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Board of Recreation and Parks, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Cable Television Advisory Board, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Human Relations Commission, fifty dollars ($50.00) per meeting, twenty-four (24) meetings maximum, annually. (h) Library Board, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (i) Environmental and Transportation Advisory Committee, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. Q) Youth Commission, twenty-five dollars ($25.00) per meeting for each regular member; ten dollars ($10.00) per meeting for each alternate; one (1) meeting per month, three (3) special meetings maximum per year. An alternate serving in place of a regular member due to regular member's absence shall be compensated at the rate of twenty-five dollars 11 B-5 Ordinance No. NS- Page 5 of 7 ($25.00) per meeting. Associate members shall not receive monetary compensation for meeting attendance. (k) Early Prevention and Intervention Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Ordinance No. NS- Page 6 of 7 11 B-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- 11 B-7 Page 7 of 7 11 B-8 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1051 WEST THIRD STREET FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2006-05) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2006-05 has been filed with the City of Santa Ana to rezone the property located at 1051 West Third Street from Professional (P) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on November 27, 2006 on Amendment Application No. 2006-05. The Planning Commission determined by a vote of 5:0 (Benavides and Betancourt absent) to recommend that the City Council adopt a resolution approving Amendment Application No. 2006-05. C. On January 16, 2007 the City Council held a duly noticed public hearing regarding the adoption of an ordinance approving Amendment Application No. 2006-05, to rezone the property located at 1051 West Third Street from Professional (P) to Single-Family Residence (R1). D. The existing zoning and general plan designations for the subject property are inconsistent. As the General Plan for the City indicates this area as Low Density Residential (LR-7), the long range vision for the area encourages the development of single-family residential uses. Additionally, the existing land uses on the block are comprised of residential uses. E. Policy 5.4 of the Land Use Element states that the City should support projects that are consistent with the General Plan designation. F. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-05 to rezone property located at 1051 West Third Street from Professional (P) to Single-Family Residence (R1) bears a substantial and reasonable relationship to the public welfare. 11 C-1 G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 1051 West Third Street would be consistent with the appropriate planning and land use criteria. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-26 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-05. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated January 16, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 1051 West Third Street in Santa Ana is hereby reclassified from Professional (P) to Single-Family Residence (R1). Amended Sectional District Map number 12-5-10 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-05). Section 4. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor 11 C-2 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 C-3 ~a-.o SEVENTEENTH LJU ~'-s-s za'J I I LJ U 11 I LJ U U U `J 1 I + T-_--_. - -_ _. _.-_ _ _ E y rc5 n-s-io SP t C1 s C1 x i$ C1 %a C1 C7 C1 CS i SP-3 E3 IL 'fir ,.r zM.. ~' A CS ~ I F Rt *_ ~ , SP3 SP3 c fl1 fl1 .o flt flt fl3- q3- ~ RS- M - H& no- SP R' ~H xp ~ HH II HH II xH 11 R31 xon Pail II(' no N R1 y ^ R2 0 R2 R1 R1 p1 ~ fli R3- RO- P3~ R1 HZ xml x9u 0 fl3- ~~ S3s I SP3 SP-3 xD u `p '. o, I i ' Pz I z... Pz R2 Hz Rz P P R2 53 I ~.aa w. ! r-~ ~ M P~ I R1 a fl1 R1 R1 xi az fl2 P R2 SP3 SD- SP-3 ]i P P aP 75 r ~I SP R1o fl1 R1 ap P2 R2 I,L SP-3 I r J li R1 H1 xz ~ ~ ~ P I R1 fl1 fl1 -9 P P L I.o Iw. I oP P P P-3 SP-3 SP-3 ]: Tio LSD-20 s9ao SD-20 f,V'fcMOP P L © so ss p e, p sD~ss SO-55 ~I ,..:':: R2 ~ P 0 1 P ~ P~ so ie va.loJ II sP ~ n n cl L-S-~~+T~ FIRS ~-l ~~ ~3a.,o sr. Irl Ir 2 l~ ECALE IN FEET SECTIONAL OIBTRICTMAP 125-10 I--i--I--I--I-~ ~ ~ , ~-m ADOPLEO BY THE BANTAANACITY COUNCIL,JULY 29, 1959 BV ORDINANCE NS391 0 fi0- MINIMUM FRONTApE ~6W0 MINIMOM LOT APEA Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT Rt SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R1A000 SMALL LOT SINGLE-FAMILY RESIDENCE mis MavismeomclnLSEmIaNu Ct COMMUNITY COMMERCIAL Mt LIGHT INDUBiflIAL R2 TWO-FAMILY RESIDENCE Isr Mayor me aTYOFSaWA^Na. x xc C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 HEAVY INDUSTRIAL R3 MULTIPLE~FAMILV RESIDENCE AS ^urvox¢EOevcm cauxaL xESaNrlox xo. ranea oared N-iara, i C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT nExEEraTrESrmarmis MAPls Ar6uE C3 CENTRAL BUSINESS O OPEN SPACE RE RESIDENTIAL ESTATE cowormEOxismu sECilox.LLOASmIm MAPIq.f}S I0. C3-A CENTRAL BUSINESS-ARNSTB'VILLAGE P PROFESSIONAL BD SPECIFIC DEVELOPMENT siq.a C4 PLPNNEDSHOPPINGCENTEfl PCO PLANNEOCOMMUNITY DEVELOPMENT SP SPECIFICPLAN Px[curv o~~cron i C5 ARTERIAL COMMERCIAL PD PLANNED OEVELOPMENi nvixlxonalup xp acFrwv CR COMMERCIAL PESIDEMIAL PRD PLANNED RESIDENTIAL DEVELOPMENT ca,enure oeu dULV tx, mas PREPARED BV THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA '~ REVISED IM128-06 A bk/8-01-06 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-27.5, 41-646.5, 41-1361, AND AMENDING SECTIONS 41- 365.5, 41-377.5, 41-412.5 AND 41-424.5 OF THE SANTA ANA MUNICPAL CODE RELATING TO THE DEVELOPMENT OF SUPER STORES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Numerous studies and published court opinions have determined that the establishment of a superstore, as defined herein, in a community offers unique challenges and special concerns to the residents of that community. Such studies and opinions include: 1. "The Potential Economic and Fiscal Impacts of Supercenters in San Diego: A Critical Analysis" (2000) published by the San Diego County Taxpayers Association. 2. "The Impact of Big Box Grocers on Southern California: Jobs, Wages and Municipal Finance" (1999) published by the Orange County Business Council. 3. "The Potential Impact of Big Box Stores in New York City" (2005) prepared by New York City Economic Development Committee 4. "Measuring the Economic and Sociological Impact of the Mega-Retail Discount Chains on Small Enterprise in Urban, Suburban and Rural Communities" (aka "The Shils Report") (1997) published by The Wharton School, University of Pennsylvania. 5. Wal-Mart Stores, Inc., et. al. v. City of Turlock, 138 Cal. App. 4th 273, 41 Cal. Rptr. 3d 420 (2006), review denied 2006 Cal. LEXIS 8623, 2006 D.A.R. 9169 (July 12, 2006). Ordinance No. NS-XXX 11 D-1 Page 1 of 9 6. Wal-Mart Stores, Inc., etc., et al. v. City of Turlock, 2006 U.S. Dist. LEXIS 47924 (E.D. Cal. 2006). 7. "California Responses to Supercenter Development: A Survey of Ordinances, Cases and Elections" (2004) published by Public Law Research Institute at Hastings College of the Law. 8. "Regulating Discount Superstores: Ordinances Restricting Big Box Retailers with Grocery Departments' (2004) presented at the League of California Cities Annual Conference. These reports, studies and cases, true and correct copies of which are on file with the Executive Director of the Planning and Building Agency, are incorporated herein as though fully set forth. B. In adopting this ordinance, the City Council expressly relies upon and incorporates herein the findings, conclusions and opinions set forth in the reports, studies and cases included above. C. The City's General Plan, including but not limited to Goal Number 2.0 of the Economic Development Element, and Goal Numbers 1.0, 2.0 and 5.0 of the Land Use Element, provides for maintenance of and enhancement of the City's economic base by promoting a balance of land uses designed to address community needs and which enhance the City's economic and fiscal viability by, in part ensuring that impacts of development in the City are fully mitigated. D. Adoption of this ordinance is in furtherance and implementation of the City's General Plan. E. It is advisable and necessary that Chapter 41 of the City's Code be amended to regulate superstores appropriately and to afford them adequate review. F. It is the intent of the City Council that superstores proposed to be established in Special Development Districts in the City which permit retail land uses be subject to similar review as that provided for herein. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Ordinance No. NS-XXX Page 2 of 9 11 D-2 Section 2. Section 41-27.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-27.5. Superstore. A Superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds 120,000 square feet, and which devotes more than ten percent (10%) of its total interior space to the sale of merchandise which are not subject to State sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included. Section 3. Section 41-365.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows: Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. Ordinance No. NS-XXX 11 D-3 Page 3 of 9 (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by section 41-42.7 of this Code. Q) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (I) Adult day care facilities. (m) Superstores. Section 4. Section 41-377.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows: Sec. 41-377.5. Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores. Ordinance No. NS-XXX Page 4 of 9 11 D-4 Section 5. Section 41-412.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows: Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Adult day care facilities. (k) Superstores. Ordinance No. NS-XXX 11 D-5 Page 5 of 9 Section 6. Section 41-424.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows: Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (I) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Ordinance No. NS-XXX Page 6 of 9 11 D-6 (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. Section 7. Section 41-646.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-646.5. Findings for Conditional Use Permits related to Superstores. a. Additional Findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a Superstore the Planning Commission or City Council, as appropriate take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public. b. Procedure. An application fora conditional use permit for a Superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed Superstore on grocery or retail shopping centers within athree-mile radius. The city manager or designee (i) shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on apre-approved list; and (ii) such list may designate additional information on benefits and cost that shall be included in the analysis. Section 8. Section 41-1361 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1361. Superstores. The minimum off-street parking required for Superstores is one (1) space for each two hundred (200) square feet of gross floor area. Ordinance No. NS-XXX Page 7 of 9 11 D-7 Section 9. No Superstore which is legally operating in the city as of the effective date of this ordinance shall be affected by the adoption of this ordinance, unless it loses its legal nonconforming status pursuant to the provisions of Article VI of Chapter 41 of the Code. Section 10. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council 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 Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council 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 City Council hereby certifies and approves negative declaration for Environmental Review No. 2006-74 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 City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 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 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 8 of 9 11 D-8 ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 D-9 Ordinance No. NS-XXX Page 9 of 9 11 D-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS ~~ /~~ C TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Reappoint Brent Beasley, Phil Campanelli, Mike Kanda, Patrick Korthuis, Donna Lin, Wil Ortega, Andy Wadhera and Alfredo Zarate, Jr. to the Santa Ana Workforce Investment Board for four-year terms. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting on January 12, 2007, the Workforce Investment Board by a vote of 19:0 (Beasley, Conrad, Didion, Lacroix, Lewis, Meza, Quarles, Ray, Wadhera, Whipple absent) recommended that the City Council reappoint Brent Beasley, Phil Campanelli, Mike Kanda, Patrick Korthuis, Donna Lin, Wil Ortega, Andy Wadhera and Alfredo Zarate, Jr. to the Santa Ana Workforce Investment Board for four-year terms. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must represent the private sector. The remaining Board members represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently, there are ten board members whose terms expire March 2007. Eight of these board members are being recommended for reappointment and have expressed an interest in being reappointed to the Santa Ana Workforce Investment Board for an additional four-year term. The members seeking reappointment are: Brent Beasley, Business Manager, Roofers and Waterproofers Local 220; Phil Campanelli, General Manager, Embassy Suites Hotel; Mike Kanda, Director of Human Resources, Textron Fastening Systems; Patrick Korthuis, Owner, Sir Speedy Printing; Donna Lin, 13B-1 Reappointment of WIB Board Members February 5, 2007 Page 2 Executive Director, Asian American Senior Citizens Service Center; Wil Ortega, Rehabilitation Supervisor, State Department of Rehabilitation; Andy Wadhera, President, CALTREND Automotive Products; and Alfredo Zarate, Jr., Owner, Seal's Healthcare and Seal's Compressed Gases. These Board members are all active and committed to the goals of the Santa Ana Workforce Investment Board and many are original members who have a desire to continue to serve. Their resumes are attached as Exhibit 1. Two members (David Conrad and Frank Meza) have not expressed an interest in continuing to serve on the WIB; therefore, they are not being recommended for reappointment. FISCAL IMPACT There is no fiscal impact associated with this action. !!//4. /" • ~~ / Stepp n G. Har 'ng Deputy City Manager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTIONS\2007 CC\ReapptWIBMembers 2-5-07.doc 13 B-2 Brent R. Beasley 283 1J. Rampart St., Saite F Orange, CA 42558-7852 f 979-199(1 Foreman. Owen Pacific Roofing 1990-299f Foreman, San Marino Roof Co 1491-Present Business Manager/Financia! Secretary. Uttited Union of kooters. Waterproofers and Allied Workers Local 220 1996-2000 Secrelarv/i'reasurer, Western Regional District of Roofer. Watetp'oofPrs and Allied W otkers 2998-Present Member, Orange Coursty'Transportation Authority Citizens Advisory' Committee 1998-Present President., United i.abor P,Bettcy of Orange County 1997-Presets[ Vice President, Orange County Cenhal Labor Council 1991-Present Trustee. Pacific Coast Roofers Pension Trust 1991-Present Trttsrtx, Urrion Roofers Health & Welfare Trust k44f Present Trustee, Union Roofers Amtuiq• Ts'ust f 94 f -Present Trustee, Soutbem California Roofers and Waterp<oofers Joint Rppentiwsltip Training Commidee As you can see I have vast experietrce vvoriang on diSerent Boards and Committees attd I feet I can bring that cxpericncc to the Wot}dorce Im'estmem Beard for a positive oanttibution. If you have arty questiorss please feet free to sail the at (714j 939-f322L_ Sincerefv, .._ i~~~i-~V d Brent R. Beasley EXHIBIT 1 13B-3 Purr,TP T~. CAMPANELLI 29212 RidgevieH~ Drive Laguna Niguel, Califomia 92677 (949) 495-2 ] 81 Home (714) 697-6709 Cellular philcrmr~97rk~aol com PROFESSIONAL EXPERIENCE 2002-Present Windsor Capital Group, Inc. GENERAL MANAGER Embassy Suites Hotel/Orange County Airport North Santa Ana, California 300 suites with 10,000 square feet of meeting space Joint role as General Manager and Director of sales for the first year. Grew Senior Sales Manager to Director of Sales and recruited two top Area Sales Managers. Converted hotel from manual to Delphi Sales and Catering systems. Major accomplishments include: o Increased RevPar from $71.21 to $91.66 (28%) o Moved GOP 24% in three years Raised Intema] Audit to the highest in the company in 2003 Persona] Sales Calls on Key Accounts to drive incremental revenue 1994-2D02 Interstate Hotels & Resorts GENERAL MANAGER Hilton Irvine/Orange County Airport Irvine, Califomia 1996-Present 289 guest rooms with 30,000 square feet of meeting space Successfully repositioned hotel from Radisson to Hilton and directly supervised $4.5 renovation to entire hotel. Major accomplishments include: a Increased RevPar from $50.72 to $75.15 (48%) a Moved GOP 34% in three years o Grew Employee Opinion survey from 70% to 87% overall satisfaction a Raised Internal Audit from 65°/ to 90% (Highest score of 230 hotels) o Reduced Outstanding Accounts Receivable from 80% past due to 20% curzent n Improved Customer Service Scores from 68% to 89% overall satisfaction GENERAL MANAGER/Regional Trainer Quality Suites Orange County Airport Santa Ana, Califomia 1994-1996 177 two-room suites Responsible for overall operation of this all suite hotel. Major accomplishments include: o Moved RevPar 16°/ o Negotiated preferred hotel status with Walt Disney Travel v Increased GOP 5% 1990-1992 Hotel Systems International General Manager Grand Hotel Anaheim Califomia 250 guest rooms with Dinner Theater and 20,000 square feet of meeting space Originally hired to manage hotel and close the operations as per sale to Disney. The sales contract was cancelled and the focus changed. Major accmnplishments include: o Re-established relationship with Anaheim CVB to house city-wide attendees. p Negotiated preferrui hotel status with Walt Disney'I7avel a Attended YOW WOW and booked over $SOQ000 in [our and travel series 13 B-4 PHILIP D. CAMPANELLI ]969-1990 Holiday lnn General Manager Buena Park, California 246 guest rooms with 13,000 square feet meeting space Employed by Resolution Trust Corporation to re-position hotel for sale. Major accomplishments include: Negotiated preferred Australia and New Zealand FIT contracts. Managed $1.5 million renovation to guest rooms and public space. Increased local corporate business ] 0% 1987-1989 Doubletree Hotels Resident Man ager/Risk Manager Costa Mesa, California 1988-1989 484 guest rooms with 36,000 square feet of meeting space o Saved hotel over $100,000 in outstanding worker's compensation claims through aggressive claims management and return to work policies. General Manager Santa Ana, California 1987- 1988 177 rooms 1979-1987 Laral Hotels, Inc. San Luis Bay Inn General Manager Avila Beach, California Resident Manager Banquet Manager Food and Beverage Operations 77 room resort hotel, gold course, club house and local membership Responsible for overall operation of this four star, four diamond resort. Opened Restaurant and Bar at Golf Course, Initiated local tennis membership and Golf packages. AWARDS General Manager of the Yeaz, Meristar Hotels 2000 GeneraP Manager of the Year, CapStar Hotels 1997 Norm Report (Best GOP variance over budget) 1997 Paul W. Whetsell Exceeding Expectations Service Award 1997 Best Operating ProST, Limited Service Hotel ] 99~ CapStar Hotels Award of Excellence -Cleanliness & Maintenance 1995 PROFESSIONAL AFFILIATIONS Cypress College- School of Business Advisory Board Skal Club of Orange Coast-Past President Share Our Selves -Board of Directors Anaheim Convention and Visitor's Bureau-Alternate Director Destination Irvine-Fomrding Board of Directors California Hotel Motel Association -Resort Committee -Charter Board of Directors EDUCATION Bachelor of Science Business Administration 1989 University of La Verne La Verne, California 13 B-5 Mike Kanda 28542 EI Sur, Laguna Niguel, CA 92675 (714)850-6136 MKandaC~tfs textron.com EMPLOYMENT Director, H.R. 1973 -Present Textron Fastening Systems Santa Ana, CA Responsible for all. HR activities at the facility including planning, development and implementation of all Human Resources Management programs including employment, compensation and benefits, equal employment opportunity and training programs Advises management in policy and program matters, making or recommending appropriate decisions. Have been responsible for manufacturing and sales facilities in Asia, Europe, and North America. Developed hourly, salaried, and sales compensation programs. Negotiated health and welfare programs for the facilities. Have recruited up to senior executive level VPGM. Have relocated facilities from Europe and around North America. EDUCATION ~•D' Case Western Reserve University, School of Law Cleveland, Ohio Specialized in labor and employment law. A.B., History John Carroll University Cleveland, Ohio AFFILIATIONS Member of: State Bar of The State of Ohio PIHRA . NHRA 13B-6 Patrick Korthuis Biography Sir Speedy Printing Phone: 714.574.5674 1540 S. Lyon Street Fax: 714.547.0167 Santa Ana, CA. 92705 Office Email: sspeed~(cilearthlink.net Personal Email: pk.sirspeedy@earthlink.net Patrick was bom in Bellflower, California in 1964 to a Dutch couple, Betty and Bob Korthuis. Mr. and Mrs. Korthuis arrived in the USA a few years before Patrick was bom. He considers it a blessing to be able to be raised knowing two different cultures, the Dutch and the American culture. Patrick has an older brother, Edward and a younger sister Yvonne. Patrick was very fortunate to have been able to go to Holland several times during his youth and spend time with his Dutch relatives. The visits to Holland and the influence of his parents gave Patrick the opportunity to learn Dutch. Patrick Teamed the value of entrepreneurship at the age of nine when he acquired his own newspaper route, delivering for the Harold Examiner, and then moved to the Independent Press Telegram. He graduated from Gahr High School in Cerritos. He was accepted at Universal Technical Institute, where he graduated with a Diesel Mechanic degree. He worked as a Mechanic for 18 years before he and his wife decided to venture into having their own business. After some research they bought a Sir Speedy Printing. They have had their business since 1999. In 2006 they were able to purchase a building for the business which allows them to continue to grow. The business has been in Santa Ana since 1974 and at the same location until they recently moved into their new facility at 1540 S. Lyon Street in Santa Ana. Patrick is a member of the Santa Ana Chamber and Hispanic Chamber of Commerce and is past President the Santa Ana Kiwanis club. In his free time he enjoys working in the garden. His hobbies are motorcycle riding, water skiing, and snow skiing. His dream would be to one day drive a race caz. Patrick has been blessed with three boys, Brandon 19, Jason 18 and Nathaniel 6wks. Brandon is in his second year of college attending LBSU and plans to attend Chiropractic College. Jason is a senior in High School and would like to be an Anesthesiologist. The youngest is Nathaniel and we don't know what he wants to be because he is only 6 weeks old and doing great. Patrick and Christy have been married for nine years and enjoy traveling, camping, golfing and walking in their neighborhood after dinner. 13 B-7 DONNA LIN 48 San Sebastian Rancho Santa Margarita, CA 92G8S (94A) 375-3434 E-mul. d~ r~~nGatA/'+SCSC.oig C7I~'E: U'CILIZE iJiY EY.PEAIEN CE 70 SEk~'E THE ASIAN COMMUNITY EXPERIENCE 2006-Presem Asian American Setuor Gnzens Service Genres Santa Ana, California Executive Drrectar Supervising Senior Comxntutity Services Emplovmenr Program(SCSEP) to assist older workers in pursuing gainful cmploymcnt. The goal of SCSEP is tc provide job placement Fvr low-income Asran seniors who ue 55 years and older and legal residents of the Untied States. Supervising t}~e health education/prevention and soaal service programs including Cancer Goatzvl, Mental Health, Senio: F,mploymcnt Program, Setuvr Health Program and Community Servrce Seeking funding for programs to serve the Asian Seniors in Orange County Conducting and implementing health education/prevention programs for Asian Cotntnunity in Orange County Create and maintain an effective and cooperative tear. Ovcrsecs personal policies and procedures Collaboration with mainstream I~ealth Gare organizations including the Ameacan Cancer Society, Susan G. IKOmen Breast Cancer Society and Orange County Health Care Agency Budget control Collaboration with Asian community based orgarrizativns, faith-based organizations, local hospitals and Asian physicians and health educators Working closely and building roust with the Boud of Ducctoxs and commtuury leaders for fund raisutg even[. Supervising daily operations and accounting func¢ons Media wntact Ztanslate educational materials into Chinese Ouueach flyers nr Asian languages Mvnrlily ncwslcrta in Chinese Public speeches for events, seminars and confcrencrs 13B-8 79y9-20D0 Triple Dot Corpora don Santa Ana CaGfonua Gtnerar' Manager Incm_sed sales Managed salts rcpresrntatives rn the State of California . Human resource functions, including hiring and terminations Monitored production acavites to ensure comphancc with ISO standards Implemented training torrents for news rersurts -speeding pro6tabilitp Negotiated best price for raw material and other purchasing functions Supervised accounting departmen4 tndudtng accounts raeivable, accounts payable and payroll Budget control 1990-1999 Western Nutnnon/Viva Arnemca, Inc. Costa Mesa, California Admini#ratior and Purcharin~q Manager Aernuted and hired staff from entry- to managtatent-levels for marketing, sales, laboratory, quafltl' control, production, general office and ucounting positions. Administered medical, dental and workers' compensation insurance IJeveJoped office politda and procedures and ensured compliance b~ employee. Purchasing Manager Hnded the purchasing department and negotiated purchase contracts with suppliers to obtain the bat possible pact for rsw mate>ials, components, lab egtupment, lab supplies, as wry] as, facility and office supplies. Facilities Supervisor (interdeparnnental duties) Cooperated uatlr the Faalities and Production Manage in negotia¢og and obtaining bids for various facilities improvemmss such as construction of a "clean room" inataUation, securih system upgrades, installation of a fire protections systems and conversion of stozage space ro office spare to accommodate the growth in staff 1966-1970 $°ochow University -I atwan • BA., Business Adfninistration SKILLS _ ~.._~~_------ v Yluent in English, Chincsc (Mandarin/Taiwanese) and Thai Gompotet slrillt in Microsoft Word, Excel and intemet INTERESTS ____ -----,---~~_.._._--- Travel, exerase, ballroom dancing, reading and writing 13B-9 D DEPARTMENT of ®REHABILITATION R Emp(nyrneni /ndependei~cr cT Equalrry Wilfredo Ortega 222 S Harbor Blvd; #300 Anaheim, CA 92805 EDUCATION: • University of California, Los Angeles September 1972 -June 1976 B.S. Degree in Economics • Cal State L.A. MBA Program 1976 - 1978 Arrvold Schwarzenegger, Gove~~nar State of California Health and Human Services Agency EXPERIENCE: Los Angeles Unified School District Teacher's Aid-Part-time: 1976 - 1978 Working with elementary school children, ages 5-9. Woolworth Corporation Stores in L. A., Inglewood and North Hollywood 1978 -March 1978 Management Retail Training Program-Supervision of 10 retail employees in the daily operations of several departments of the store; did purchasing and ordering of merchandise and applied marketing strategies for a successful and profitable operation of the store. • State Department of Rehabilitation Anaheim District Office 222 S Harbor Blvd, Ste 300 Anaheim, CA 92805 Senior Vocational Rehabilitation Counselor Marc'i 1979 -August 1996 13B-10 Manage a caseload of disabled individuals of over 100 cases and provide Rehabilitation services to monolingual Spanish- speaking clients, review medical records, write rehabilitation plans, develop job opportunities for clients, community outreach. Department of Rehabilitation Anaheim District Office Rehabilitation Supervisor September 1996 to present Supervise a group of Rehabilitation counselors, review case work, do community outreach, monthly reports, control fiscal expenditures, interview and recruit rehabilitation staff. Consult with counselors regarding client services and employer contacts. Implement Department policies and regulations. 13B-11 Andy ~'~'adhera CALTREND Automotive Products ? 12 ] S. Anne Street Santa Ana, CA 92704 Phone: (714) 708-~ 115 Fax: (714) 708-5122 Email: awadhera@caltrend.com Ms. Andy Wadhera is the President of CALTRBND Automotive Products. C.ALTREND is a local manufacturer of automobile seat covers and bras. The company currently has 30 employees; however, during the summer and Christmas months the number of employees increases to 50. Mr. W adhera has a strong business background, and hopes to contribute his knowledge to the betterment of Santa Ana's work-force. Mr. Wadhera has over 30 years of hands-on experience in Ouming and Managing industries in India, the tinned Kingdom;. and the United States. He prides in sharing the extensive knowledge he has acquired from his business ventures with others. As a result, Mr. Wadhera has delivered lectures on Industrial Management to Post Graduate students. Mr_ A~rahol~s the following educational degrees: Bachelor in Commerce -University of Bombay; India MBA -University of Indore, India Post Graduate Diploma -London School of Economics As C.ALTREND's President; Ahr. Wadhera envisioned a company that would be quality driven; and up to date with the latest technology. T7us vision is now a reality at CALTREND due to its dual certification in QS-9000 and 9002 standards.. The company is also a TIER-1 supplier to OEMs (Original Equipment Manufacturers) in the Automotive Industry. Mr. Wadhera is very interested in bringing his business knowledge as well as his personal input to the Santa Ana Workforce Investment Board. Like his vision at CALTREI~'D, Mr. Wadhera envisions the board becoming an advocate for local businesses, specifically in keeping local businesses in our city. He is also very interested in workforce issues affecting Santa Ana, and its residents. 13B-12 Alfredo Zarate, Jr. 806 Grovemont St. Santa Ana, CA. 92706 (714)836-6569 (714) 651-7827 cell QUALIFICATIONS Over seventeen years of Sales, Sales Management, Sales Agency and Sales Training. Tri-lingual: Oral and Written English, Spanish and French. EXPERIENCE Seal's Best Healthcare & Seal's Compressed Gases 1/05 to Present President & Sales Manager Owner/Operator of a 17 person operation Respiratory Therapy & Sleep Studies HME (Home Medical Equipment)/ DME (Durable Med. Eq.) & Gas Distribution to Healthcare, Industrial & Beverage Accts in O.C. /L.A. C&F Foods. Inc., City of Industry, CA 12/03 to 5/04 Western Regional Sales Manager, Manage and supervise a $20,000,000 territory from Alaska to New Mexico; 10 sales agencies under my direction. Work with every major Food service Distributor as well as Unified & United Grocers in the Northwest. Chain Accounts- Baja Fresh, Chevy's, Wahoos Fish Tacos, La Salsa & Rubio's Mrs. Friday's/Fishking Processors, Inc., Los Angeles, CA 4/98 - 12/03 Senior District Sales Manager, 03/00 to 12/03 Managed a $6,000,000 territory in Southern California, Arizona, New Mexico & Mexico Food Service responsibility- SYSCO, Shamrock & USFS Retail- Bristol Farms, Gonzales Markets, Basha's. Chain Account/ LLO's- Famous Sam's, EI Siete Mares, USC, Kaiser- Permanente, et.al. Manage several sales agencies in Arizona, NM & Mex. District Sales Manager, 04/98-03/00 Managed a $4,000,000 territory in Southern California. 13B-13 Worked/With regional managers in AZ, NV & CO Nabisco Food Service. Buena Park. CA. 12/95 - 04/98 Area Sales Manager Coordinate sales & local marketing to many distributors' end-users in SoCal & Baja CA; Chain Account- Penguins, Kenos & Loves Rvkoff-Sexton. Inc.. Los Anoeles, CA 06/90 -12/95 Sales Trainer 06/94 - 12/95 Coordinated New DSR Training; supervised & tracked 40 salespeople working towards commission. Sales Management of Operations -Monterrey, Mexico 04/92 - 06/94 Worked closely w/Mexican Partners of Rykoff Sexton. Hired, trained & supervised 23 DSR's in Nuevo Leon and seven surrounding Mexican States. Chain Account- Vips, Sanborns & Gigante Markets. Hispanic Market Director 06/91 - 04/92 Recruited, trained & supervised 8 Hispanic DSR's to penetrate Latino Marketplace. Professor of Kitchen Spanish 06/90 - 06/91 Created a Kitchen Spanish course for 110 DSR's Audio Cassettes & English/Spanish Glossary of terms Bureau of the Census. Costa Mesa. CA. 03/89 - 06/90 Recruiter Recruited full-time and part-time workforce for the 1990 Census. EI Mercado Pub, Ltd.. Santa Ana. CA. 11 /86 -12/88 Sales Director Partner in venture to bring goods/services to the Hispanic communities of Orange County. 40,000 shopper magazines delivered directly/weekly. 13B-14 Allstate Insurance Operations. Brea. CA 12/84 -10/86 Property Endorsement Supervisor Supervised 20 data entry clerks in the Regional Operations Center EDUCATION University of California Los Angeles, Bachelor of Arts, Psychology - 1984 Community Service/Boards 12/96- PRESENT Vice Chairman of Santa Ana Personnel Board 12/00- PRESENT Member of the Workforce Investment Board, Santa Ana (Chair of the Housing Committee) 12/01- PRESENT Member of Public, IRB Board, UCI Medical, Orange 13B-15 13B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2006 .~ ~. ~ CITY MANAGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2006. 19C-1 QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2006 FEBRUARY 5, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Fj-.ancisco Gutierrez O Executive Director Finance & Management Services Agency 19C-2 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2006 EXHIBIT 1 19C-3 '~ A N y a 0 ~ ._l m ~ ~ ~ A 3 a ~ N ~. o N O ~ O a ~ ~ ~ N ` G r O 01 2 d S v. A i V A 3 ~ a A O za O < rn n O o ° v D m c ~ ~ ~ < c o N O N n d N 0 m tc '. m ~' N ~ ~ ~ A d a xo n~ y m m ~. W A N .~-. R~ l N z a m o m 2~ ~ 3 N ~ ~ A R ~ ~ W ~ N 3 ~ ~ ~ ~3~a 2 m n ~. N J lD N N ~ 6 p ~ ~_ O S 3 O n R ~ J d 3 Q ~ D J (I! j j W X O U 3 '~ m m 3 ~ j ~ b CO ~ S ~ OI N ~. m ~ d V W Q T a e m N ti~ A O N 6 j' ~ W CD W A ~ ~ U {O V W IG mm e ~ 3 A ~ ~ d O ~ 7 °1 a n si m N O] N O a (~(]] _? O ~ 01 a ~ N . ?+ nm ~ ~ m n-~. d=~ N d N K N 01 O (_) p~ ~ O N N 3 tv m ~ ~. ~ ~ ~' i" y ~ ~ d N N ~ N O ~ ~' IT O m, ~~ ~ d ti n ~ V 0_ S O ~ ~ C N ' O y d S ] J a ~ S ~ S O ~ G N p d 3 ~ ~ 3 '~ O > ~ ~ .~ N N » ~ N d 2 m = ~ °o m S o 2 a a m ~ ~ N ~ 411 ~ N C m 3 O `OG ~ ~ m y ~ R N d d F ~ Q O N ~ O 3 ~ m m 0 0 o m d d N Q S n d n E N N Cl ~ d S ~ = F a m' s 'nom A N c 3 A ~ ~ m N ~ ti T T~ A r ~ m o N y~ m c 3_ m ~ m m ~~ D " 2 Li N ^ n D v `G `G O d J O c ~ ~ m a` m ~ 3 ~ n ~ m ~ m D c 8 ~ ~+' 4 4 N y N N O O W A O m N O ~ N O ~O + m V W O V m YD O + V m N O (!1 m o m O 10 A ~O O (n (A . !'~ m v $ o o rn o m+ d 9 N J W o o O t0 O t00 0 i in + N !~ ~ ~ ~ a °w m w 'm n o m m v N 0 W m W N N+ ~ ~ ° '~ m !+ o m m o ~ m 01 V v O S m o $~ m A t A A W N m r W V N m V U N + m , A O ~ o N o 19C-4 O ~ f0 m N U V f0 + ~Ap V V OWi N _N N O + N aD ~ ~ a -W. <Wi+ m g n w a m o A 0 m d d O b O a O m ~ O yN W O OV m fp ~ A N a m A P N t0 w A N tW0 A Omi + N + +I ONi rn ~ V + + A N ~n a u 5n N N o + W O tNJ + N O m V o O O .o F ;e ~o ~d i~ . o 3 A ~ O ~ n ~o~ ~ ~ ~ N Q~ d ~ C ~ M 3~ m °o d ~ 7 rn~~~ M ~ ~ ~ ~ ~ ~ T w w w w w w w w w w w w w w w w w w a W W W W W W W W W W W W w (J W (J (J i N X m u uxi w ~.i x X X b<< 1<<`~ p p ? 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S m ~ m~ m m N m n C m N T T T ~p T T T T 0 6 6 6 6 6 0 m m m m m m m N d d d N d N a o a o 0 o d 3 3 3 3 3 3 3 m m m m m m r r r r r O a v °w m° n 0 o v -. m m m m m m Q~ F F F F F= m F j~ 0 0 0 0 0 0 N tJi N N A + A A ~ + O V 0 0 0 0 0 0 0 °m m° °m Si °m °m °m N + A ~m~m~~~ m m W N W N ( J~ O J O N A O A N Omi lJli W W J m N m O W o ~ m~ m m w W + N + N N 0 0 0 0 0 0 0 S S °o °o °o S S 0 0 0 0 0 0 0 S o °o °o o S S S S S S °o °o S N + A O i0 t0 {Np (m N iD N (VO O A A 0 fNp O O~ [n m N O~ Vi S O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N A ~ A~pp A A A N ~ J A O J N A 0 0 0 0 0 0 0 m N U N N A U IJ N IpV + + O~ + + J A O m N (mp N [n [n U N A m T W N N N+ J N ^O A O OJi N 0 O + A T m N O m N Vl O+ A 3 l q O N O O O O O v A O S J ~ a p V r~ B V < m C1 O v n N + + ° o v T D m o o ~~ J N >;;;;;;;;;;;;;;;;;;;;;;T W W N N W W W W W W W W W W W W W W W W W W W m m m m m W w w w w W X w w W w W w W W W W W W G T T X X X ~ X X X X~ X X X X X X X X X X X X m A A O o' 2 S 2 N ~_ 41 ` O~ m O O y m Z O~ D= C -1 O T N ~ (O S, 3 0 N N 0~ Omi ~ p+ p W A N m m J N OA t~J N W m n n 0 c + 9 0 0 0 +o +o +0 0 0 0 0 0 0 0 0 0 0 p p 0 0 0 ~ mWW N S Vp~ J J J J J J v J~~ W~ A A W W W ~ m~ N v A N N N W O N N A N+ m+~ fJ0 VNi N N N VI m A C ~. m N T T T T T T T T ry Try T ry Try {p T{p ry Try ry Try T T T T T T T ry Try {p T{p O 6 d 4 2 6 d 6 d 6 6 6 6 6 0 6 ~ 6 6 6 6 6 6 m m m m m m m m m m m m m m m m m m m m m m m 'w_ ol_ v w'_ 'm_ m v m 'u_ m v m w'_ n~ a v m 'u_ v d v m Z Z S 2 2 2 2 2 2 S S= 2 S 2 2 2 2 2 2 S S 2 a, o~ o o m o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 o m 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 ~~ m m m m m m m m m m m m m m m m m m m m m ~ n~ w w v d d n n d~ a w ooi d d d d a~ v v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N Z Z W OJ W m m m Ol W W Q) W m m~ W W CO W W n n .l .Z F s x x s m F F F x s~ ~ F F F x ~p O F F F JC F N N O b m m n n O O C P O W_ m p O+ O ++ 0 0 0 0 0 0 0 ++ O + D L" ~ N ~' G' N N+ o io m m m m m w+L~ o o N+L~ + 'o m N 10 i m i i N T N ONi t0 m_ m W i N i_ V t_G m O_ (O`J a O p N O O O O p O O O O p N p N O O O O p N O p N p~ Np O p O W N W N W OOi S Oi OOi OOi OOi p°i OOi S S OOi OOi N (On N f0li A A A m 1mm0~ + N N+ N+ W N++ W N N+ 8p W N 8 yN S O O O (Oii SS ~ O O S O p O O O O S S A O p O (Wp O O A O O VNi O O O S S O O O p O O O O O N O O V O S e °o °o °o °o °o °o °o O° °o S S $ °o °o °o °o °o +m °o °o o °o °o m 10 + N W+ W+ W N++ W N N+ W N+ p N O S O O O O O S S O O O O S O O O fli O O O O O °o S °o °o °o o °o S ,o° °0 0 0 ,,°o °o o° °0 0 0 ,,°o S °o °o °o °o °o S o° °o S S S S °o S °o S S S °o S S S °o °o °o S S S m _ W + N N N+ N [n A+ N N N N i0 i0 ro ID <O O i0 ~O~p O t0 O tD O O ~O ro t0 (O i N tp tD N A m T OWi (Wn S OOi ~ m tOO OOi ~ OOi ~ O t0 0 N W~ A tWD J m N V ~O IJ t0 ~I IJ V Vi O IJ N iD N lJ W J t0 (J !J O N A W m N W W N U m m m (!i W O N W N tG A tli N m m O O O O O O O O O O O O O O O O O m O N O O O m O O O O O O O O O O O O O O O O O+ O !J O O O U~ O O O O O O O O O O O O O O O O O N O O O O O A W A A N m N (!i N IT N Vi N fli N tli N A A A W A A O A O O O N N (J N N N VI VI Q) N O N VI W O V O O O N O O O O O O O O O O UI O O O S O U O N O A ~Wp W A W m N VI N fli N U N m N N [li A A A A W W W W V A N W U+ N N N N V O N N A N W N O~ V b V OOi N N W (p O m m m J m m V A A V A+ m N J tp O A Y A W A W Vi (n N m N U N to N m N tli A A A A W W A N O A m CI ~flp~ IJ IJ lJ N !J IJ N (N C1 N O OW VI N C V J O V O O N O A O O O O O O O O N S S N torsi O fWli + W [O o++ o+ +++ o 0 0 0 0 0 o+ 0 0 L.+ h o w ++L~ 'L.~ + o o~ L.+ m ~1 m~+ A o N 'L.i o n N+ O N N N 0 0 0 N N N 13 B O N N++ N m U m O N m m C1 (O \ m~ W {p N f0 m O_ A 0 0 0 0 0 0 0 0 0 0 o N N O O O N O O O O N O O ~ m J V m S O O J O O 00 S Om O O S O J O O S S b A I A W N A (! ~~ ( W~ W p W p O ~Np W V m m V ~ W+ N+ 4t O [u 4mi O N V N A G~~ (Oji A N (WO A A ~+ J Pw V A+ T J m S m d d m 3 m Y R n C Y N w H v3 ~ n ,".n 3 my ~n 0 30 ~~ G N O C 3 a 0 ~ M 0 ~ ~ O ~ N O a a N .A j O ~ ~ ~ ~ iD °f a 3 m N d m N w w w w w w W w w w w w w w w w w w w w w w w w w w w w w w w w w W ~ N N m N N N w w m N N N m m~ N ~ N ~ m N N N ~~~ m Nm tWD b~~ N b b b N~ N t p D ~ tW0 (WO ~ W m ~ m m `+ m m m m m m m m m m m A ~ Z N 0 N A J v ZZ ~ A Q W~ W O A Q W O O W E ~ V p m t 0 O N V i W O i A W O ~ 2 n v n + + + + + + + + + + + + + + + + + + + + + + + + + ' + + + + + o o o o o O o o o p o o O o o o O o o o o o o o o O o o o o o o o C ~ ~ V v i mp m m m m p~ p~ m m m N O O O N N V V V V V V V V V V~ m m N N V V m A W m N W N ~ A W A W + W N J N O i t n S n ~ i ( ~ ( n O i ( n O i i~ S N t li W N m~ N W w y C ,~ _1 ~ m w T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T y~ 6 6 ~ 6 d 4 0 6 6 d d 6 6 ry q ry ry q q ry ry q ry 6 d 6 6 6 6 6 6 6 6 6 6 6 2 ~ 6 d 6 6 6 m m m m m ' ' m m m m m m m m m m m m m m m m m m m m m m m m m m m m m ~ w m w v v ~ 'w 'm v d ~ v v d u' d 'w a 'w 'm v a 'u 'm 'w of v ul d w' 'm d u' m Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 2 2 2 2 2 2 2 2 S S S S= 2 2 2 2 2 ^ - m m m - m m m m m m v d m m ?~ o o m p a p a p a p o 0 0 0 0 0 0 0 - 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 ~ ~~~ ~ 3~ ~ ~ ~~~~ ~~ m m m m m m m m m m m m m m m m m m ~0 6 io 6 6 6 ,g ~ ~ ~~ e~ ~~ r r r r r r r r r r r r r r r r r r ~ ~ ~ ~ > > °u w° a v d u° d °w °v v v° ~ h H h H H ~ ~ ~ ~ D ~ N ~ ~ D ~ N p a a a ~ ~ p p p p p p p N z z z ZZ zz zz zz mm N N C Z Z Z. 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N O n O N n L > G' N m ° e m m a w ~ ~ ?~ v G N 3 I/1 p y N W O N O m W m O N N N O N N O N m O O O N N N O N O W O O O p~ O O ~ N N ~1 (p W O O [li O W O m A~ ~ \ N O N N N O O O N N !3 O O O N O N ~ N N N N A N V A m N m d O N N N N N N N N N 13 N 13 l3 13 N N N N N N ~ C m a ]1 p o o O o 0 0 0 0 O 0 O O O O 0 o O o p O O O p O O O O p O O O O p O O O O p O o 0 o O o O o O O o o O o O o o O o O m V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V < a o m 3 0 ~ A O ^ m N N n~ N W + p U N+ b b ~ V m N N W W m 0 N N ttt Ntyyyy~~~~ N++++ A W m N N V p~ A A C N O' H ~ m o V D V N b N m N N A W W m O N m+ ~ A b m N m W f0 A A m V N ~Z O W ~ A T T W O p 3 9 A O ~ a p G m ~ ~ °- O o v v D O N_ m N 3 w d m b m 0 V N a N A 0 A V N O N O N W 0 W a I 19C-8~ ~ ~~ m~ W d W N C J N 9 N 'o V C N 1 N c N P 0 ~_ d n ~ O ~ b b m N ., .I. m m W W ~' ~' V V e o N O O O O N N N yN i p O m N S V N N O~ W ~'~~ ~~ T V W W [Aii N S W w ro ~ C A p W RI x 2 ~ A N O t O O (O m n 0 VI n ' ' ' ' 0 o o o o o C m V V V V » W J J IAp [Wp N A A C ]. A Vi ~ T T T T R ry6 G {p A N N j d d d Y E Z Z Z Z v v 0 d d ~ - ~ p `p `° m N ~ R 8 2 R N V O Y v e y'O_ ~+ V ~ i O a N N 13 N N ro 0 0 0 0 0 m 8i m m °m °m J ~p~ (~Op t0 N ~O N OSm) A IpAVD NW ~ W VI W + pO N b O +~ V O S O O 0 O O O N N O O O O o S o 0 0 g O O O S O O O O O S O S S W b _ ~p OOi b d0 A V ~o m w o m W N 0 O i O O S O 0 0 0 0 0 ° S S ° o o S S N N (!i A A N O 1D IO W V w 0 tp O O O O O N VI N j N N ~ w ~ IJ w O OOi V O O+ U1 N N N VI N N W l J IJ !J IJ O { p p ~ A pl 4 0p N A p p + 0 `f A A ~ 0 + O J _ ~1 O N O O O O S V O O ~ ~ W pp O~ O t0 V N 9 T C T ~ 'n ~- O y ~~ ~ o v N ~ ~ ~ ~ O m '7 e" O O ~ ~ Q ~ `G ° ' m N c C < ~ N ~ a ,. 3 N d N 0 G v N t7 C N b n w ; O A y W 3 N Cf 3 N OC 0 ~t3 30 v ~ C33 N Q O d A A y O A 3 .~ a A O O G m ~ °- O o N n ~ o v D 19C-9 H O N n m N S N 6 6 S N 0 N T (] (~ N ~"' ~ N N_ ro m ~_ 9 V V ~ V V QJ m m y ] H r g ~ "' ~' m a °~' ~ 3 V V 0 V V ] m m m m m W N N ~ 7 J ~ F D O O °1 3 3 m ~, m n ~ a N N C i n 8 41 y C 0 S Cf u N W w ] ~ a o 0 0 O_ O_ O_ 0 0 N N N m A ~ ~ S 0 ~d m a W W W 0 ~ J n n m N O F A A N OI O W Y N ~ p V V b O m ~ i 0 0 0 0 0 0 o I o 0 0 w Of C + tJ O U O1 O N f0 O O~ N O (OJ t00 O Nw 3 d .~ n C d C 0 n A~ ~ ] m .. 1 H a A C ti ~n T C a v o n O 3 ~ a n ~ y O 47 S W ~ a N j y K 3 m '. 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N ~ C K ~ D ~ '$ ~ o ~ ~ d H c ~ m 3 i ~p o n D o co T ~ ~ Of of A ~ r W 0 _ a N N 3' o T ~ a s A N b 3 c ~° ~ o ~ N o N ~ m °o q R N w w w J J V b J l O m v v O A A O 1qD ~ w w w V V V b ~Jp O l Oi O~ V ° V o a OI e OI b W <p W V b w V b w V b V O1 O~ OI O V p V A O~ e O~ b T ro N 'o N O N N O O PO O O O N N N o ~ ' :, A o 0 0 lO O N ~ ~ 3 S O ~ < a H 7J o v (7 ~ ~ 3 -1 G N o ~ ~ N ~ ~ 0 3 ~ f// a m Z Z i 1 D g o A Z C ~ ° ~ N o ~ p 1 N N ~ m ~ n ~ O y 3 O 1 C N ~ j ti N N C n v o y 3 g _ , W c H e 3 ~ ~ _ N m y n ~ n ~ o D ~ N ~ n ° °i ~ o A N N A V Iv I I S e O I I O 19'C-1 ~^ ~ 3 ~ ~ S ~ N 3 m m c o ~ °o A N N N a H m' d c Z C 0 E J a D ~ o i x o 9 A i ,.. 1 G N R W N N 1 C n O d N N C N N d d m 1p y A m N Cf 41 9 N i c D ' n O y y = m m ~ y oh m b ~ C 3 m A ~ P ~ m N m o ~ ~ _ F ~ m ' °i o c O m ~ N ~ ~ Z ( C y 1 d C A d F R ~ I N A C A~ b R R r v n ~ 3 N ~ _ F Y ~ gyp[` C N ~ ZO A O S O O y Q ~ 3 ]J Q ~ o O < m ~ N D ~ ov C71 ; ~ ~^ i 3 : c y N y Wo m G m O N ° m 3 y ~ ; m ~- W ~ ~. C :: j d :°. Ul ~ o'i c c W C N ~ O ~ o ~ ~ ~' o ~ , O rn 1 3 d u D u n ~ 0 3 D m ~ d N = d d a C v ~ a '° a a 0 H ~ N d d C C .~ 1 V a d O d Si 7 a ~ uai ~ m c ' 3 ~ o = ~ o ~ F w -' d 6 d 6 O d 'J a ~ O A ~ ° A < ~ D ~ u N o a 'w N o ~ d y 2 m m °A m n ~ m m ~ Ul ohm N C! C 3 m p ~ v ~ ~gm W m W ae W m ~ $ y w a , _ m a m ~ r ~ ~ ~ < N V V J d O C O N N N N N (Wjl q ~ N ~ ~ Z I~ C W m W m W W 9 O O O d 1 ~ + V V V N N N N N N q m d O ~ O ~ O q m m rn < V V J d Y N A N A N 0 N at N W N C d n A A ~ O A O N 0 N r A A A A A A J V r p q ~ A A W m O ~ A A A A A A J V J pp~ Q p W O O O p s N 3 3 d QC d ]. 0~ b y d ~ ~o N ~ -1 REQUEST FOR =~ COUNCIL ACTION ~.~.' CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES ANNUAL DUES AND CDR SERVICES PAYMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance onlsaReading ^ Ordinance on 2" Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City of Santa Ana's membership with the Orange County Division of the League of California Cities in the amount of $55,322. 2. Authorize payment to the Orange County Council of Governments via the Orange County League of California Cities for Center for Demographic Research data and related technical services in the amount of $8,379. DISCUSSION The Orange County Division of the League of California Cities represents the interests of cities in Orange County. The Division monitors local and state legislative issues, educates councilmembers and staff on legislative and policy matters of interest, and serves as the City Selection Committee for local appointments on various boards and commissions. The membership dues are determined on a per capita basis, and the dues for calendar year 2007 are $55,322. Located within the California State University, Fullerton, the Center for Demographic Research (CDR) provides a wide range of demographic and GIS/Mapping services. Each year it provides the housing needs calculations for the 34 Orange County cities required by the Southern California Association of Governments through the Orange County Council of Governments (OCCOG). By an established Memorandum of Understanding, the OC League of California Cities collects and remits payment to the OCCOG on behalf of the 34 Orange County cities for specified services. 19D-1 OC League Dues and CDR Services February 5, 2007 Page 2 FISCAL IMPACT Funds for this membership are available in the Council Legislative account for membership services (account no. 11-O11-6251). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierr1e\\z~ Executive Director Finance & Management Services Agency 19 D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING ANAHEIM FY 2005 HOMELAND SECURITY GRANT FUNDS FOR EXERC SE PROGRAM ,~~~i~_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2°d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment recognizing FY 2005 Anaheim Urban Areas Security Initiative Grant funds (account no. 125-01-5350-5) in the amount of $375,000 and appropriate same in the FY 2005 Santa Ana Urban Areas Security Initiative Grant Program expenditure accounts (account no. 125- 333-various). DISCUSSION The United States Department of Homeland Security Areas Security Initiative funding program (UASI). local emergency first responders to enhance preparedness to prevent, respond to, and recover The grant specifically provides funding for planning, training, exercises and technical assist has developed the Urban UASI provides funds to security and overall from acts of terrorism. anti-terror equipment, once . Both the cities of Santa Ana and Anaheim were recipients of an FY 2005 UASI grant and have worked closely in developing a UASI grant mandated Three- Year Exercise Program. Under an existing agreement, the City of Anaheim has agreed to contribute funds in the amount of $375,000 to the cost of the exercises detailed in the Three-Year Exercise Program. 20A-1 FY 2005 UASI Grant for Exercise Programs February 5, 2007 Page 2 FISCAL IMPACT Approval of Appropriation Adjustment will increase revenue in the FY 2005 Santa Ana UASI Grant account (account no. 125-01-5350-5) by $375,000 and appropriate same into the FY 2005 UASI Grant expenditure accounts (account nos. 125-333-various ). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department TA~cAr~O y~ Francisco Gutierrez r„r, Executive Director `' Finance & Mgmt. Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING OFFICE OF EMERGENCY SERVICES PROGRAM GRANT AWARD FUNDS W ~'F~- CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED AC710N 1. Approve an appropriation adjustment accepting the State of California, Office of Emergency Services 2006 Anti-Gang Initiative Grant in the amount of $52,430 into the revenue account (account no. 155-01-5370) and appropriate same into the Office of Emergency Services 2006 Anti- Gang Initiative Grant overtime expenditure account (account no. 155- 359-6141). 2. Adopt a resolution authorizing the Chief of Police to execute a grant award agreement with the State of California, Office of Emergency Services. DISCUSSION The State of California, Office of Emergency Services (OES) has awarded the Santa Ana Police Department and the County of Orange, District Attorney's Office the 2006 Anti-Gang Initiative Program Grant in the amount of $104,859. The grant funding will support the activities of the Santa Nita Gang Injunction efforts. As a participating member of this grant program, the Santa Ana Police Department will receive $52,430 in grant funds. Under the terms of the grant, the Police Department shall utilize the funds for overtime related to the gang enforcement activities within the Safety Zone. The goals, as specified in the grant, will be to reduce Part I UCR crime, gang nuisance activity, and overall crime by 25o within the Safety Zone. Staff recommends approval of the recommended actions as the grant program positively impacts the community by directly aiding in the efforts to reduce gang activities. 20B-1 OES Anti-Gang Initiative Grant February 5, 2007 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the State of California, Office of Emergency Services 2006 Anti-Gang Initiative Grant revenue account (account no. 155-01-5370) by an amount of $52,430 and increase the same into the Office of Emergency Services 2006 Anti-Gang Initiative Grant overtime expenditure account (account no. 155-359-6141). APPROVED AS TO FUNDS AND ACCOUNTS: ~, ,~ ~ ~ :..... ~. ~' 1, ~ _. Paul M. Walters Francisco Gutierrez ~:' Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 20B-2 PJ C-01 /25/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California, Office of Emergency Services has awarded the Santa Ana Police Department and the County of Orange, District Attorney's Office a 2006 Anti-Gang Initiative Program Grant in the amount of one hundred and four thousand, eight hundred and fifty nine dollars ($104,859.00). B. The City of Santa Ana Police Department will receive fifty two thousand, four hundred and thirty dollars ($52,430.00) in grant funds for overtime related expenses related to enforcement of the Santa Nita Gang Injunction which will serve to positively impact the community by directly aiding in the efforts to reduce gang activity. Section 2. The Santa Ana City Council does hereby authorize the Chief of Police to execute a grant award agreement with the State of California, Office of Emergency Services in the amount of fifty two thousand, four hundred and thirty dollars ($52,430.00). Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel A. Pulido Mayor Resolution No. 2007-XXX 2U B'3 Page 1 of t APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana Resolution No. 2007-XXX Paget oft ~O~_w REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY O5, 2007 TITLE: CONTRACT AMENDMENT FOR ASPHALT STREET MAINTENANCE (SPEC. N0.06-103) l ~ ,, ~ CI Y 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 Amend the contract with Hardy and Harper, Inc., for asphalt street maintenance by $330,000 for a total not to exceed $896,900. DISCUSSION The Public Works Agency's Maintenance Services Division is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. In order to do so, a contract for annual asphalt street maintenance is required. Contract services include the excavation and cold milling of existing roadways, the installation of pavement reinforcement fabric, construction of asphalt concrete pavement, and crack sealing. In addition, the contract provides for street repairs following water and sewer system maintenance and repair, and the adjustment of water valve boxes and manhole frames and covers to the new grade levels. On August 7, 2006 the City Council awarded a contract to Hardy & Harper, Inc., a Santa Ana vendor, for the maintenance of the City's asphalt street pavement. During the past year, the City has realized good response and service from Hardy & Harper as well as flexibility of service levels, resulting in an increase in the asphalt street maintenance services provided. The vendor has also provided several large pavement repairs as provided for in the contract following emergency water service. Staff requests approval to increase the contract limit for Hardy & Harper, Inc. to provide uninterrupted asphalt street maintenance through the end of the contract term. 22A-1 Contract Amendment for Asphalt Street Maintenance February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Service and Water Utility Water System Maintenance Other Contractual Services accounts (account nos. 056- 575-6291 and 064-575-6291). APPROVED AS TO FUNDS & ACCOUNTS: Jame G. Ross" Executi e Director Pu}~lic Works Agency JG~ O/04-103A.9:uc li ~ ~-~ LIL~ Francisco Gutierrez `U Executive Director Finance & Mgmt. Services Agency ~'' l 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: CONTRACT AWARD FOR GENERATOR MAINTENANCE (SPEC. NO. 06-187) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Generator Services Co., Inc., for generator maintenance for a two-year period with provision for two, one-year renewals in an annual amount not to exceed $25,000. DISCUSSION The Building Maintenance Division of the Finance & Management Services Agency is responsible for maintenance and repair of various City buildings. The diesel and gas powered backup generators located at the City Hall, Corporation Yard, Police Administration Building, and ten fire stations are critical for maintaining essential operations during an emergency. The generators require regularly scheduled maintenance and load testing to ensure the equipment will be operational when necessary. The contract will provide for an annual comprehensive inspection and semi-annual preventive maintenance service to the generators. The notice inviting bids was advertised on December 11 and 13, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid mailed 4 Bids received Bids were received and opened on December 28, 2006, and evaluated (Exhibit 1) The bid received from Generator Services Co., Inc., is responsive to the specification and meets the City's requirements. The award amount includes a contingency to facilitate the purchase of additional parts and emergency services on an as-required basis. 22B-1 Contract Award for Generator Maintenance February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the Building Maintenance Fund Other Contractual Services account (account no. 73-105-6291). /.~ GLLI~~ ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency]„/ FG/BP/06-187.2:uc 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR GENERATOR MAINTENANCE (Spec. 06-187) Vendor Generator Valley Power Global Power H.W. Sessoms Services Co. Inc. Services, Inc. Group, Inc. Construction Co. Location Rancho Cucamonga $ 4,475.00 $ 10,900.00 $ 1,325.00 $ 1,325.00 $ 18,025.00 $ 6,975.00 $ 25,000.00 City of Industry $ 6,765.77 $ 10,950.41 $ 1,787.18 $ 2,011.54 $ 21,514.90 $ 6,975.00 $ 28,489.90 EI Cajon San Bernardino $ 18,100.00 $ 21,020.00 $ 4,600.00 $ 5,400.00 $ 49,120.00 $ 6,975.00 $ 56,095.00 Police Fire Corporation Yard City Hall Sub Total Contingency Total Cost Exhibit 1 22B-3 $ 14,520.00 $ 18,700.00 $ 2,860.00 $ 2,860.00 $ 38,940.00 $ 6,975.00 $ 45,915.00 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: CONTRACT AWARD FOR SPEED MEASUREMENT DEVICES (SPEC. NO. 07-008) ~~~~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Kustom Signals, Inc., for the purchase of ProLaser III speed measurement devices in the amount of $35,450. DISCUSSION On August 21, 2006, the City Council accepted a $634,720 grant from the State of California, Office of Traffic Safety under the Traffic Safety, Selective Traffic Enforcement Program Grant. The grant allows the Police Department to conduct a Selective Traffic Enforcement Program including DUI/Driver's License checkpoints and patrols, and targeted enforcement of red light runners, aggressive speeders and drivers with unbelted vehicle occupants. The Santa Police Department Traffic Division utilizes speed measurement devices with radar-based technology in the performance of their field job duties. The Police Department tested several makes and models of laser speed measurement devices and found the ProLaser III to be the most effective. The ProLaser III is compact, lighter and the laser-based technology provides quicker target acquisition at a range of one thousand feet. Staff has determined that Kustom Signals, Inc., is the manufacturer and sole distributor of the ProLaser III speed measurement devices. As a result, staff recommends Council approval of the recommended action. FISCAL IMPACT Funds are available in the Office of Safety Grant Selective Traffic Enforcement Program Operating Materials & Supplies account (account no. 165-343-6391). 'A~`~-1/ `-'~1~ Paul M. Walters PMW/SP/07-008.7:uc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierre~ `~ Executive Director 2 2 C _~Finance & Mgmt. Services Agency L./ 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: CONTRACT AWARD FOR LIFT TRUCK WITH AERIAL DEVICE (SPEC. NO. 07-011) /~ i / ~`~- ITY 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 Award a contract to Altec Industries, Inc., under the Cooperative Purchase Provision of the City of Los Angeles, for the purchase of one lift truck with aerial device in the amount not to exceed $90,234.56. 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 available in the heavy-duty truck line. The General Maintenance Section of the Parks, Recreation and Community Services Agency maintains 39 park facilities, the Santa Ana Zoo at Prentice Park and the Civic Center. The department utilizes a manlift truck to perform tree trimming, lighting replacement, and general maintenance including required painting. Due to age, worn condition and engine hours, a 1991 Ford manlift truck has been approved for replacement in the current fiscal year. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Los Angeles contract with Altec Industries, Inc. for an Altec AT37G aerial device on a Ford F550 truck was awarded as a result of open, competitive bidding, and meets the City's requirements. 22D-1 Contract Award for Lift Truck February 2, 2007 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). ~w~2cG~u ~~ ~L-~ Francisco Gutierrez Executive Director Finance and Management Services Agency/ul FG/KM/07-011.2:uc 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: CONTRACT AWARD FOR POLICE MOTORCYCLE PARTS AND REPAIR (SPEC. N0. 06-182) l~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for police motorcycle parts and repair for a two-year period, with provision for two, one-year renewals in the annual aggregate amount not to exceed $200,000 with the following vendors: Bill Robertson and Sons d/b/a Honda of Hollywood Brown Motor Works, Inc. Long Beach BMW Motorcycles Seavco d/b/a Irv Seaver Motorcycles DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of the Police Department's 32 motorcycles. Service can range from normal preventive maintenance of brakes, tires and steering components, to repairs due to accident damage. The motorcycles must be maintained in the highest quality condition to meet federal, state and local codes. The contracts require that .maintenance must be provided by factory trained, certified technicians, for liability purposes. The notice inviting bids was advertised on December 29, 2006 and January 3, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 1 Invitation for Bid mailed to Santa Ana vendor 4 Bids received Bids were received, opened on January 10, 2006, and evaluated (Exhibit 1). The bids from all vendors are responsive to the specifications and meet the City's requirements. Police Department recommends awarding contracts to four vendors to facilitate convenient scheduling of maintenance and repair service. Current policy allows officers to take their motorcycles home as well as dropping off their motorc cles for service at the end of their work Shift. 2~2E-1 Contract Award for Police Motorcycle Parts and Repair February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operations Maintenance & Repair Machinery & Equipment account (account no. 75-111- 6281). ~L~Y~f G~ ~~ ~1 5~ Francisco Gutierrez `J Executive Director rb~ Finance and Management Services Agency/i FG/KM/06-182.2:uc 22E-2 ABSTRACT OF BIDS CONTRACT AWARD FOR POLICE MOTORCYCLE PARTS AND REPAIR (SPEC. 06-182) VENDOR IRV BEAVER MOTORCYCLE LOCATION oRaNGE TERMS NET 30 SHOP LABOR RATE $80 /HR OEM PARTS MFG RETAIL PRICE LONG BEACH BMW/ HONDA BROWN BMW HOLLYWOOD MOTOR MOTORCYCLES WORKS SIGNAL HILL LOS ANGELES POMONA NET 30 NET 30 NET 30 $80/HR $90/HR MENU PRICING PER JOB DEALER COST + DEALER COST + DEALER COST + 25~ MARKUP 30~ MARKUP 54~ MARKUP SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUNT OF: ALL VENDORS $200,000.00 AGGREGATE TTL Exhibit 1. 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 05, 2007 TITLE: CONTRACT AMENDMENT FOR MOBILE COMPUTER SYSTEM (BID SPEC. 06-126) ~~ f..t~-ce/ 1 / ~. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with Tribalco to furnish all labor, materials and equipment to install additional mobile computer systems in police department vehicles by $499,789.99 for an amount not to exceed $1,499,789.99. DISCUSSION On September 19, 2005, the City Council accepted a $8.4 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. A consortium of 19 Orange County jurisdictions makes up the UASI Santa Ana Urban Area, with the City of Santa Ana the lead agency. An objective of the consortium is to improve communications between first responders during an emergency. A project underway is the installation of wireless computers, including a 4.9 GHz "air" card for data sharing between all Fire and Police vehicles responding to an emergency. A prior UASI grant wired Santa Ana Fire Department first responder vehicles into the ad-hoc network. The Santa Ana Police Department maintains a fleet of 110 black and white patrol cars and approximately 40 specialized vehicles for a total of approximately 150 first responder vehicles. On September O5, 2006, utilizing UASI grant funding, the City Council awarded a contract to Tribalco to furnish all labor, materials and equipment to install the mobile computer system in police department vehicles, based upon the City 22F-1 Contract Award for Mobile Computer System September 5, 2006 Page 2 of Garden Grove's contract. In the first phase, funding allowed for the wiring of approximately 80 vehicles. Utilizing funds from the fiscal year (FY) 2005 UASI Grant will add 40 more police vehicles to the mobile ad-hoc network. Tribalco has agreed to extend the pricing for the second phase. As a result, staff recommends Council approval of this action. FISCAL IMPACT Funds are available in the Office of Emergency Services (oES) Urban Areas Security Initiative (UASI) Police Machinery & Equipment account (account no. 125-333-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Sy~Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency~~ PMW/TO/06-126.7:uc 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: CONTRACT AMENDMENT MOTOROLA PORTABLE (SPEC. NO. 06-157) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended FOR ^ As Amended ^ Ordinance on 1 ~' Reading RADIOS ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For ~`~~ ~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Amend the contract with Motorola for the purchase of Motorola portable radios by $44,645 for a total amount not to exceed $106,895. DISCUSSION The Santa Ana Police Department Career Criminal Unit issues portable radios to investigators for use in the performance of their duties. At times, these duties require investigators to travel outside the city limits. Due to the limited range of reception of the radios currently used, investigators often lose radio communication with one another. The Motorola XTL5000 mobile radios will enhance the investigators' ability to maintain radio communication with dispatch and each other while conducting investigations that involve statewide travel. The County of Orange recently renewed the contract with Motorola for the operational requirements established by the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) The 800 MHz CCCS radio system provides effective and reliable radio communication to participating law enforcement, fire services, EMS and disaster preparedness agencies. In order to maintain the integrity of the communications system, staff recommends Council approval of the recommended action. Along with the funds to purchase eight radios, an additional contingency amount has been added to allow for unanticipated purchases. FISCAL IMPACT Funds are available in the Supplemental Law Enforcement Services Fund Operating Materials & Supplies account (account no. 128-349-6391). Paul M. Walters Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: -• l~w~o t~ Francisco Gutierrez Executive Director 2 ~ /±_~ Finance & Mgmt. Services Agency PMW/SP/06-157A.7:uc asp-~4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 CLERK OF COUNCIL USE ONLY: TITLE:. APPROVED ^ As Recommended CONTRACT AWARD FOR TRAILER ^ As Amended MOUNTED GENERATOR ^ Ordinance on 15` Reading ^ Ordinance on 2n° Reading (SPEC. NO. 06-188) ^ Implementing Resolution ^ Set Public Hearing For (/ ~ ITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Reject the bid from Generator Services Co. Inc. as nonresponsive. 2. Award a contract to Associated Power, Inc., for trailer mounted generators in an amount not to exceed $30,526. DISCUSSION Backup generators are located at the City's ten fire stations in order to maintain essential operations during an emergency. The generators serving fire stations nos. 4 and 8 are over 25 years old and no longer cost effective to maintain. The contract will provide for replacement of the existing generators with new trailer mounted units. The notice inviting bids was advertised on December 11 and 13, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 6 Invitations For Bid mailed 5 Bids received Bids were received and opened on January 8, 2007, and evaluated (Exhibit 1) The bid received from Generator Services Co. Inc. offered an alternate to the model specified and is therefore nonresponsive. The bid from Associated Power, Inc. is responsive to the specification and meets the City's requirements. 22H-1 Contract Award for Generator February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance Other Contractual Services account (accountono. 11-327-6291). ~ APPROVED AS TO FUNDS AND ACCOUNTS: lip Garci 1~ Francisco Gutierrez Chief llllll Executive Director Finance & Mgmt. Services Agency P/06-188.3:uc 22H-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TRAILER MOUNTED GENERATORS (Spec. 06-188) Vendor Associated Power, Comade, Inc. Hilbrick Bay City Inc. Equipment Electric Works Location Wilmington Irvine Fontana Lakeside Generators (2) $ 24,740.00 $ 24,874.43 $ 25,351.22 $ 27,001.00 Trailers (2) $ 3,590.00 $ 3,617.65 $ 3,687.00 $ 3,927.00 Sales Tax $ 2,195.58 $ 2,208.14 $ 2,250.46 $ 2,396.92 Shipping $ - $ - $ 250.00 $ - Total Cost $ 30,525.58 $ 30,700.22 $ 31,538.68 $ 33,324.92 Exhibit 1 22H-3 22H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 5, 2007 TITLE: CONTRACT AWARD FOR SANTIAGO PARK WILDLIFE AND WETLANDS INTERPRETIVE CENTER(PROJECT NO. 6366) CONTINUED TO APPROVED ^ As Recommended ^ As Amended ^ Ordinance on ts' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For ER RECOMMENDED ACTION FILE NUMBER 1. Award a contract to C.G. Construction, Inc., the lowest responsible bidder, in accordance with a lump sum price in the amount of $1,068,888 for the construction of the Wildlife and Wetland Interpretive Center at Santiago Park. 2. Approve an appropriation adjustment recognizing $553,369 in the Residential Development District 2 revenue account (account no. 312- 01-5072-2) and appropriating this amount to the Residential Development District 2 expenditure account (account no. 312-233- 6631). 3. Approve a Funding Analysis with a total estimated construction cost of $1,335,700. DISCUSSION In 2002, the City applied for and received a grant to construct an interpretive center in Santiago Park (Exhibit 1). The interpretive center includes a display area, a classroom, an office, a restroom and storage areas. This project also includes exterior improvements containing decomposed granite path and deck space. Once completed, the center will be used for the interpretation and study of the low Santiago Creek Watershed and related ecology and provide space for both formal and informal environmental education programs. The Notice Inviting Bids was advertised on November 8 and 10, 2006, and bids were opened on December 7, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A-1 Santiago Park Wildlife & Wetlands Interpretive Center February 5, 2007 Page 2 Santa Ana Contractors receiving notices: Contractors requesting bidding documents Bids received: Bids received from Santa Ana Contractors NAME OF BIDDER 1. C.G. Construction, Inc. 2. EMAE International, Inc. 3. Newman Midland Corporation 4. Faris Construction Company 13 10 5 0 CITY Paramount Santa Fe Springs Los Alamitos Dana Point BID AMOUNT $1,068,888 $1,226,000 $1,365,900 $1,425,000 5. JRH Construction Company, Inc. Tustin $1,638,932 A total of five bids were received and all were responsive. The lowest bid was submitted by C.G. Construction, Inc., for $1,068,888, which is above the Engineer's estimate of $950,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously approved Negative Declaration, ER No. 2002-06. FISCAL IMPACT This project is funded by the State Urban Recreational Centers and Wildlife Education Programs grant, Residential Development District 2 in- lieu revenue and a donation from the Wildlands Conservancy. In 2002, the Wildlands Conservancy donated, and City Council appropriated, $350,000 for landscaping and wildlife education at the center. Because of the educational nature of the center, the Wildlands Conservancy has authorized the City to use $250,000 of the original $350,000 for construction and furniture. The appropriation adjustment transfers Wildlands Conservancy funds to the appropriate project number for construction and furniture. The funding analysis shows a total estimated construction cost of $1,335,700 for the project (Exhibit 2) Funds in the amount of $742,500 are available in the State Urban Recreational Centers and Wildlife 23A-2 Santiago Park Wildlife & Wetlands Interpretive Center February 5, 2007 Page 3 Education Programs grant (account no. 169-270-6631). The appropriation adjustment will enhance the Residential Development District 2 revenue account (312-O1-5072-2) and expenditure account (account no. 312-233- 6631) by $553,369. APPROVED AS TO FUNDS AND ACCOUNTS: James G. R ss Executive Director Public Works Agency F ncisco Gutierrez ~( ~J~/~j ~ry~~ Executive Director ~y Finance & Mgmt. Services Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency K:\COnstruction\RFCA-draft\6366 2007-02-5 95 WD 23A-3 ~ I I i ~ ~ I I ------------------ I ~ IY ~ Q I' ~ I I , ~ f ~ .~. ` .~. /~ , •'•• ORANOE ..~,~' r _.. _.._.. _.. _.. C~~.. ~.. ~..~.. ~...~••~ / CfT'f OF SANTA ANA NTS ~ / / ~ ~p'G~ A gpS"" ~li / . `(/. / ~ y P/ . V ~ ~ , ~ ~/ aa~n ~ . V~, ~~~ / '~ PROJECT AREAS ~$ ,• `~ i r ~ ! ~. 9~ EXHIBIT 1 SANTA ANA Pi'~ ~~ ~...~~, ram: SANTIAGO PARK WILDLIFE WETLANDS INTERPRETIVE CENTER (PROJECT 6366) 23A-4 FUNDING ANALYSIS PROJECT NO. 6366 SANTIAGO PARK WILDLIFE AND WETLANDS INTERPRETIVE CENTER Construction Contract $1,068,888 Contract Administration 57,870 Inspection and Testing 66,000 Survey Staking 36,053 Contingencies 106,889 TOTAL ESTIMATED CONSTRUCTION COSTS 1 335,700 Exhibit 2 23A-5 Q z a F a h W 0 F U 8 '< F o F E ~ u' 2 " [- F _ v ~ o ' # t F O ^ G U _ ~~ F n E U 2 _ H - ~ O H O 8 h O ~ U F, 8 F F f ' U ~ ~ ~ 2 5 ~ L .1 R F' ~ O ~ F N - 8 cv _ O y ~ M W W ~ e ~ _ _ o r L v. F c ~ L ~ E ~ J F ~ S C O G F' N m F 8 t n ~ F F O b y ~ r u 4.. 4 Z V~ N ~ ~ a - Z J ~U ~ m ~ F ~ O H ° O o ~ ~ 9 ~ c o u m m N 3 23A-6 O m a REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT FOR MODIFICATIONS HAZMAT VEHICLE CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with 911 Vehicle for the installation of electronic equipment in an amount not to exceed $42,000. DISCUSSION As part of the 2004 UASI Grant, the Fire Department received a Hazardous Materials (HazMat) vehicle. The purchase of the vehicle included the installation of the usual emergency vehicle electronic equipment, which was installed by 911 Vehicle. The Fire Department wishes to further modify this vehicle by installing additional hazardous materials computer and monitoring equipment. The Fire Department recommends using 911 Vehicle for this installation, due to their familiarity with the vehicle. Funding of this project will come from the 2005 Metropolitan Medical Response System Grant. FISCAL IMPACT Funds are available in the Fire Department's 2005 Metropolitan Medical Response System Grant, Capital Equipment account (account no. 146-326- 6641), in the amount of $42,000. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-1 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT FOR POLICE DEPARTMENT JAIL INMATE DISTANCE LEARNING PROGRAM RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl 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 Rancho Santiago Community College District to provide registration and class materials for the Jail inmates enrolling in Distance Learning Classes in an annual amount not to exceed $25,000. The Santa Ana Jail provides various educational classes for the inmates. One of the programs offered by the Jail is the opportunity for inmates to obtain an Associate of Arts Degree through Santa Ana College. Under the recommended agreement, the Rancho Santiago Community College District will provide up to eight general education type classes with a minimum enrollment of 16 inmates per class. FISCAL IMPACT Funds are available in the Police Department, Inmate Welfare Fund Other Contractual Services account (account no. 023-349-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department ~L~AS`YSY~SI~i ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25B-1 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 5, 2007 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER ER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: Paul Xuan Le and Ly Thi Phan for the purchase of the residential property located at 806 S. Bristol in the amount of $685,000; Juana Magana for the purchase of the residential property located at 802 5. Bristol in the amount of $625,000; Irineo Arroyo for the purchase of the residential property located at 712 S. Bristol in the amount of $620,000; Minerva Avelar for the purchase of the residential property located at 1302 Richland in the amount of $600,000; Juan Villegas for the purchase of the residential property located at 506 S.Bristol in the amount of $565,000; Mai & Ninh Nguyen for the purchase of the residential property located at 407 S. Bristol in the amount of $600,000. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median 25C-1 Purchase Agreements February 5, 2007 Page 2 islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. In order to accommodate the widening, the acquisition of entire properties, as listed above, are required (Exhibit 1). The purchase amounts are the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ 7 ~~ ~~ / James G. IroS~S Executive Director Public Works Agency ~ nc~mr,: r , ) ~.,~~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25C-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR AVENUE 70I TOLLIVER WALNUT ST LEGEND O SUBJECT PROPERTIES ACQUIRED PROPERTIES I JI V 314 318 402 406 410 414 G MYRTLE 442 446 502 CUBBON ST. 50E 5I0 514 518 522 MCFADDEN AVENUE WILLITS ~~ CHESTNUT STREET J BISHOP MATCHLINE SEE ABOVE LEFT EXHIBIT 1 CITY COUNCIL TITLE PURCHASE AGREEMENTS FOR AGENDA DATE BRISTOL STREET CORRIDOR FEBRUARY 5, 2007 ~ ~ ~FLOJECT 06-1500) 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT WITH INTERGRAPH FOR GIS DATA SERVICfiS CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and the Clerk of the Council to execute an perform data services in an amount not to DISCUSSION authorize the City Manager and agreement with Intergraph to exceed $93,220. In 2005 the Public Works Agency completed a Geographic Information System (GIS) strategic plan that identified the needs and strategies for enhanced utilization of the system. One of the plan recommendations included designing the database so that all GIS data would be consolidated into a single repository. This project will provide for migration of the GIS street centerline data, currently stored in MGE/access format into the Oracle format which will serve as the central GIS repository. In addition, the work will include integration of the City's street maintenance data. Maintenance update workflows and training will be included so that once the data is transferred, staff will be able to update and maintain the system. Requests for Proposals were sent out in November 2006 and two companies responded. The proposals were reviewed by Public Works staff and an independent GIS consultant and based on technical merit were scored as follows: Firm Intergraph Farallon Geographics Inc Based on the ratings Intergraph's cost raters found the costs to be standard for exceed amount includes a contingency of Score 82.5 75.6 proposal was this type of 10 percent reviewed and the work. The not-to- to deal with any 25D-1 Agreement With Intergraph For GIS Data Services February 5, 2007 Page 2 unanticipated work. An agreement with Intergraph is recommended to perform this work. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Administrative Services account for other contract services (account no. 101-601-6291). ,~, ~~~ 'James Rossi Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~Al~r~~c•~ ~" ~L Francisco Gutierrez Executive Director Finance & Management Services Agenc~- 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT BETWEEN THE CITIES OF SANTA ANA AND FOUNTAIN VALLEY FOR EDINGER AVENUE REHABILITATION FROM EUCLID TO NEWHOPE r, ~~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager to execute an agreement between the cities of Fountain Valley and Santa Ana to rehabilitate Edinger Avenue between Euclid and Newhope. DISCUSSION Portions of Edinger Avenue from Euclid to Newhope are within the City limits of Santa Ana to the north and City of Fountain Valley to the south (Exhibit 1). The Edinger Avenue pavement is deteriorating due to weather, age, and heavy usage. The project will provide construction of new street pavement and replacement of damaged concrete curbs, gutters, sidewalks, and installation of wheelchair ramps and bus pads. The City of Santa Ana has received a Federal grant from The Arterial Highways Rehabilitation Program to rehabilitate Edinger Avenue. In order to enhance ride quality and visual appearance of the entire street, Fountain Valley has agreed to rehabilitate their portion of the street in conjunction with the City of Santa Ana project and reimburse the City for approximately 29~ of the project cost. BNVIRONMENTAL IMPACT Environmental Review No. 2005-89 has been completed and a Categorical Exemption has been filed for this Project. 25E-1 Agreement between Cities of Santa Ana and Fountain Valley for Edinger Ave. Rehabilitation February 5, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. --~ ., <. ~ ~ C ///, ,it ~.-{ James G. RQs~+ Executive Director Public Works Agency 25E-2 ~1 Z ®~ n .._.._. ~ i i H J U W SANTA ANA Pu PJ&S ~LPo.S N£N[Y ~ 2 ~ ~ PROJECT LOCATION EXHIBIT 1 CITY COUNCIL AGREEMENT BETWEEN THE CI11ES OF SANTA ANA AND AGENDA DATE FOUNTAIN VALLEY FOR EDINGER AVE REHABILITATION FEBRUARY 5, 2007 FROM EUCLID TO NEWHOPE / JGp110N T~ /~~ ~sr I ' i~®"' 25E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: MEMORANDUM OF UNDERSTANDING WITH WIA MANDATED PARTNER - STATE DEPARTMENT OF REHABILITATION ~~ ~ C~ U~~ 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 Approve entering into a Memorandum of Understanding with the following Workforce Investment Act (WIA) mandated partner, the State Department of Rehabilitation. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting on January 12, 2007, the Workforce Investment Board recommended that the City Council approve entering into a Memorandum of Understanding with the following Workforce Investment Act (WIA) mandated partner, the State Department of Rehabilitation, by a vote of 19:0 (Beasley, Conrad, Didion, Lacroix, Lewis, Meza, Quarles, Ray, Wadhera, Whipple absent). DISCUSSION The Workforce Investment Act (WIA), requires that the Santa Ana Workforce. Investment Board (WIB) establish a One-Stop delivery system which provides workforce development services. The One Stop delivery system is a network of WIA mandated and optional partners that are responsible for providing a variety of services, which lead to training and employment opportunities for adults, dislocated workers and local youth. The City of Santa Ana W/0/R/K Center currently operates the One-Stop center for the WIB. The WIA specifies that the WIA funded Adult and Dislocated Worker programs must be provided through the One Stop delivery system, and that partners must participate in the operation of the system and the delivery of these services. Through Memorandums of Understanding (MOU), a collaboration by all of the One-Stop partners is created for a seamless system of service delivery designed to enhance access to the program's services and improve long- 25F-1 MOU with WIA Mandated Partner - State Department of Rehabilitation February 5, 2007 Page 2 term employment outcomes for individuals receiving assistance. The MOU must contain the provisions required by WIA which includes the services to be provided through the One-Stop delivery system; the funding of the services and operating costs of the system; and the methods for referring individuals between the One-Stop operators and partners. The MOU with the State Department of Rehabilitation will be in effect for a period of two years and may be extended prior to the expiration date pursuant to a written request from the One-Stop partner. FISCAL IMPACT There is no fiscal impact associated with this action. ~/~_ Step en G. H rding Deputy City anager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTIONS\2007 CC\MOO WIA StateDeptRehab 2-5-07.doc 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEEMENT FOR FUEL MANAGEMENT SYSTEM UPGRADE (SPEC. NO. 06-172) " ~l CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' 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 Clerk of the Council to execute an agreement with Orpak USA, Inc., for the fuel management system upgrade in the amount not to exceed $51,959.70. DISCUSSION The Fleet Division of Finance and Management Services Agency provides diesel and unleaded fuel at the City's Corporate Yard and Police facility for approximately 600 gasoline and diesel operated vehicles as well as the City's leased vehicles. The City has an antiquated fuel management system that now requires enhanced upgrades in order to better track the 97,557 annual gallons of diesel fuel and over 396,000 annual gallons of unleaded fuel consumed. As such, the rising cost of fuel has compelled Fleet to implement a modern fuel management system that reflects real time, online and a web based version that tracks actual gallons pumped per vehicle. The recommended action will provide information to monitor fuel consumption for aggressive management of fuel purchase as well as safeguarding the access to the pumps with a user code. In 199,6, Rapac Network Internationals, Inc., installed a fuel management system during construction of the Corporate Yard. Orpak USA acquired Rapac Network International, Inc., in January 2006 and has continued to service our fuel pumping system. Orpak USA has the knowledge of the pipelines, pressure switches and pumping systems from the original installation records. To ensure the integrity of the system is maintained, staff recommends award for the upgrade to Orpak USA. 25G-1 Contract Award for Fuel Management System Upgrade February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the City Yard Operations Other Contractual Services account (account no. 85-107-6291). 'C (~pSC~~ \ nC , y ~~. Francisco Gutierrez f Executive Director Finance and Management Services Agency FG/KM/ 06 -172Ay,2 : uc 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT RENEWAL FOR FIRE ALARM SYSTEMS MAINTENANCE WITH SIMPLEX GRINNELL AND AMENDMENT FOR TIME STAMPS AND SUPPLIES. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement renewal with Simplex Grinnell LP for maintenance of fire alarms and amend to add the purchase of time clocks, service and supplies for a one-year period in the amount not to exceed $45,500. DISCUSSION City facilities are equipped with fire alarm systems for the protection of people and property, all requiring inspection, preventative maintenance and repair services necessary to the operation of the alarm system. Additionally, the alarm systems are tested regularly in accordance with the State of California Fire Marshall regulation and National Fire Protection Association (NFPA) rules. On May 15, 2006, the City Council awarded an agreement with Simplex Grinnell LP for a one-year period with the provision for one, one-year renewal. This agreement provides the fire alarm maintenance for approximately 40 City facilities. The vendor has performed satisfactorily during. the past contract period and has agreed to renew the agreement with a five percent increase to cover general administrative increases. An additional $10,000 is added for sprinkler head repair and to replace smoke detectors where necessary. An amount of $4,000 is included for the purchase of Simplex time clocks, service and supplies as used in various city agencies in their daily office operation to record the receipt of documents. A contingency of $3,500 is included to cover emergency services. 25H-1 Agreement Renewal for Fire Alarm Systems February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair Machinery & Equipment accounts and Operating Materials & Supplies accounts (object codes 6281 and 6391). t (~AMr~ ~~~~ ~-. ,J(Francisco Gutierrez 7 Executive Director Finance and Management Services Agency~;~ FG/KM/Agr.R.A02-O5-2007.var:uc 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT WITH THE FIREMEN' S BENEVOLENT ASSOCIATION ~~-~ 4%~. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Firemen's Benevolent Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Firemen's Benevolent Association (FBA) recently completed contract negotiations resulting in a two-year contract extension of the existing Memorandum of Understanding. This extension period covers July 1, 2008 through June 30, 2010. The provisions of the extended agreement are as follows: 1. Salary Increase: July 1, 2008 = 4% January 1, 2009 = 2.5`0 July 1, 2009 = 4% January 1, 2010 = 2.5% 2. Medical Premium Contributions: January 1, 2007 = Maintain Kaiser California Ca1PERS HMO rates during term of extended agreement. 3. Dental Premium Contributions: January 1, 2010: $10/month increase per employee. 4. Long-term Disability Insurance: January 1, 2008: $25/month increase per employee, during term of extended agreement. 5. 2.7% at 55 CalPERS Retirement Formula: A. Employees agree to contribute toward enhanced retirement formula: July 1, 2007 = 2.0% July 1, 2008 = Add'1 2.Oo (total of 4%) July 1, 2009 = Add'1 2.3`0 (total of 6.30) 251-1 Agreement with FBA February 5, 2007 Page 2 of 2 B. City agrees to Amend Ca1PERS contract for new 2.7% at 55 retirement formula, effective January 1, 2009. FISCAL IMPACT Funds are available in the affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object code 6171). Salary and medical increases for FY 2007-08 were agreed to through prior negotiations and approved by the City Council. New costs for FY 2007-08 are $33,150. APPROVED AS TO FUNDS AND ACCOUNTS: Enrique Alv Execut' ~ ctor Person el Services Department ~~ Me l n r . 1 , \ . ,q V Francisco Gutierrez Executive Director Finance & Management Services Agency~~ 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT FOR MOBILE AD-HOC NETWORK c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the Chief of Police and Clerk of the Council to execute an agreement with Global Mesh Technologies for the purchase of a mobile ad-hoc network in an amount not to exceed $350,000. DISCUSSION On August 10, 2005 the City Council accepted an $8,220,754 million Urban Area Security Initiative grant from the Federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. A consortium of 19 Orange County jurisdictions makes up the Santa Ana Urban Area, with the City of Santa Ana as the lead agency. An objective of the consortium is to improve communications between first responders during an emergency. Public safety vehicles throughout the Urban Area are equipped with wireless computers that have a limited ability to share data with each other and public safety command centers. The goal of this project is to develop a regional wireless mobile ad-hoc public safety network. This mobile ad-hoc network will permit both police and fire first responders to exchange data including documents, maps, photographs and videos across disciplines. As part of the risk phased implementation. mobile ad-hoc network share data between the involve expanding the urban area. mitigation strategy, this project is designed for The first phase involves the installation of the in the City of Santa Ana, testing the ability to Police and Fire Departments. Subsequent phases will use of the network to other jurisdictions within the 25J-1 Agreement for Mobile Ad-Hoc Network February 5, 2007 Page 2 On January 15, 2007, the City issued a Request for Proposal (RFP) to provide a Mobile Ad-Hoc Network. RFPS were mailed to four vendors and advertised in the Orange County Register on January 15th and 16th 2007. A total of two proposals were received (Exhibit 1). Each of the proposals were reviewed by staff members of the Technology Support Bureau and Homeland Security Division and were evaluated on the following criteria: responsiveness to the RFP, demonstrated ability to provide comparable services as requested in the RFP, level of service, maintenance plan, financial stability and resources, and cost. The recommended vendor, Global Mesh Technologies received the highest percentage in the scoring process, offered the lowest price, and met or exceeded the evaluation criteria. FISCAL IMPACT Funds are available in the FY 2005 UASI Grant Other Contractual Services Account (account no. 125-333-6291-33301). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department ~11i1ri~~ • r ~ ~ ~ Francisco Gutierrez rOr% ~~/^ Executive Director Finance & Mgmt. Services Agency 25J-2 Exhibit 1 Bidder Global Mesh Technologies Comserco Ad Hoc Wireless Network Score Price per Vehicle 86 68.6 $1,850 $4,040 25J-3 25J-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE AGREEMENTS FOR CITY OF SANTA ANA REGIONAL TRANSPORTATION CENTER CITY-INITIATED TRANSIT EXTENSIONS TO METROLINIt STUDIES PROJEC`B 06-2502 CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority in an amount not to exceed $100,000 to conduct the City of Santa Ana Regional Transportation Center City-Initiated Transit Extensions to Metrolink Studies. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Parsons Brinckerhoff in an amount not to exceed $100,000 to conduct the City-Initiated Transit Extensions to Metrolink Studies. 3. Approve an appropriation adjustment recognizing $100,000 in unanticipated Measure M Transit funds in account no. 32-01-5053, and appropriate the same amount to the City-Initiated Transit Extensions to Metrolink Studies project account no. 32-551-6631, project no. 06-2502. On October 14, 2005, the OCTA Board of Directors approved a package of projects as a substitute for the Centerline Project that would satisfy the air quality goals established for rapid transit projects. The Board also approved a five-year program of rapid transit projects using the existing Metrolink commuter rail corridor as the backbone of the Orange County's transit system. Additionally, on February 27, 2006, the OCTA Board approved a four-step process for City-Initiated Transit Extensions to Metrolink, now known as the Go Local program as shown below: 25K-1 RTC Metrolink Extension Studies February 5, 2007 Page 2 of 3 • Step one allocates up to a total of $3.4 million for cities to develop a local transit vision and conduct initial planning. All cities are eligible to receive $100,000 grants, once they execute a cooperative agreement with OCTA. • Step two is scheduled to commence in the first quarter of 2008 and makes available the remainder of $30 million on a competitive basis to further develop the most promising projects. • Step three is planned to coincide with the availability of renewed Measure M funds, projects may move into project development and implementation, and the major projects will presumably advance into a federally funded preliminary engineering effort. • Step four focuses resources on transforming the Metrolink stations into major multi-modal transportation centers. Parsons Brinckerhoff (PB) has been working with City staff and has recently completed the Santa Ana Transit Master Plan (Exhibit 1). In Step one of the Go Local Program PB will be studying in more detail the transit feeder alignment concepts derived from the Transit Master Plan. The four transit feeder service alignments currently under consideration will connect the Santa Ana Regional Transportation Center (SARTC) with the Civic Center and Downtown area, Main Place, Bowers Museum District and the South Coast Metro Area. In addition options to extend this service to the proposed Bus Rapid Transit (BRT) service along Harbor Boulevard via the former Pacific Electric (PE) Right-of-way, 17th Street, Bristol Street and Edinger Avenue, and the John Wayne Airport via Sunflower Avenue, Bear Street and Interstate 405 will be considered. Staff recommends that the City execute the cooperative agreement with OCTA to receive an additional $100,000 to study the transit feeder alignment concepts described above. Staff also recommends that the City execute an amendment to the agreement with PB to provide consultant support services to conduct the Metrolink extension studies that will meet the various Federal transit agencies' guidelines. This will enable Santa Ana to complete Step one of the Go Local Program and have a project(s) ready for submittal for Step two which makes available $30 million for further development of the most promising projects. As stated previously, the additional $100,000 will be used for consultant services to complete Step one of the Go Local program. The amended contract is estimated at total contract amount not-to-exceed $254,000. 25K-2 RTC Metrolink Extension Studies February 5, 2007 Page 3 of 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds available in Measure M Transit Funds (account no. 32-01-5053) will be appropriated to the City-Initiated. Metrolink Extension Studies project account (account no. 32-551-6631, project no. 06-2502). APPROVED AS TO FUNDS AND ACCOUNTS: ~.__..~i~'.Os+X James G. Ross Executive Director Public Works Agency ~t A(l ot~~ ~ ~ r ~ ~e. Francisco Gutierrez ~'L Executive Director Finance & Management Services Agency 25K-3 r. ~~ j-. - - ., t - .. ~~,_ MAIN , RLACE ~ ~.a...,,~ y. I ~ q UTY "< `~ CE i,,.- V y ^ SCIENCE CENTER SANTA ANA COLLEGE BOWERS MUSEUM CIVIC 1 4 SARTC .tTetroRnk Exter?sFOr? ARg^menf Con ceps - .Santa Ana ,~=ocus Area SANrA ANA ~~ Clty COUfICII _~ p-N~ ~ Agenda Date ,ua„~„~ ~s,~E,r , February 5. 2~ SARTC CITY-INITIATED TRANSIT EXTENSION TO METROLINK ~ Alignment I ~ Alignment2 ~ Alignment3 ~ Alignments4A/B ~ ~ Extension Options .~,,, BR7 Routes City Boundary 7 ~~t~ L'- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT WITH CIVIC CENTER BARRIO HOUSING CORPORATION ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 19~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute an Agreement for the development of 415-423 South Raitt Street by Civic Center Barrio Housing Corporation in the amount not to exceed $77,500. DISCUSSION The property located at 415 - 423 South Raitt Street, shown on Exhibit 1, was acquired by the City of Santa Ana for the development of affordable housing units. Civic Center Barrio Housing Corporation (CCBHC), a Community Housing Development Organization under the federal HOME Program, has expressed an interest in building rental housing on the site. Staff supports this concept and the development of the rental units, which will assist in meeting Santa Ana's affordable production and replacement housing obligations. CCBHC has completed its conceptual discussions with the Planning and Building Agency staff and is prepared to begin work with a project architect. The proposed Agreement will provide funding to CCBHC to pay for architecture, planning, survey work, landscape design, cost estimating, legal, insurance and title work. Once this work is completed, CCBHC will have the required information to develop a project budget. It is anticipated that, once the project budget is finalized, the City will enter into a Disposition and Development Agreement with CCBHC. This loan will be repaid at the time of the construction financing. 25L-1 Agreement with Civic Housing Corporation February 5, 2007 Page 2 FISCAL IMPACT Center Barrio for 415-423 S. Raitt Funds are available in the HOME Program Fund account (account no. 130- 148-6951/00192). APPROVED AS TO FUNDS AND ACCOUNTS: `'h.wn~ ~ ~~~o Jy~ Stephen G. Harding .0 Deputy City Manager for Development Services Community Development Agency SGH/SK/mlr H:\ACTIONS\2007 CC\AgreeCivicCtrBarrioHSgCorp ~~~~``~ancisco Gutierrez rfY-~:xecutive Director VVV Finance & Management Services Agency/~ 2-5-07.doc 25L-2 N ~' a CHESTNUT AVENUE z J Y ~ 415~Soufh;Naitt Street z °w ` F ~ 423~South-Raitt:Street 3 MYRTLE STREET y w Z Z J ~ w ~ a ,~ Q y LL ~ ~ CAMILE PL. AMi~F PC z . z Q z ~ o yQ z ~ 415-423 South Raitt Street i Exhibit 1 25L-3 25L-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 5, 2007 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 1962-92 TO ALLOW AN ADDITION TO THE TEMPLE LOCATED AT 713 NORTH NEWHOPE STREET - VIETNAMESE-AMERICAN BUDDHIST CENTER FOR CHARITY APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving the modification of Conditional Use Permit No. 1962-92 as conditioned. PLANNING COMMISSION ACTION On January 8, 2007, the Planning Commission adopted a resolution approving the modification of Conditional Use Permit No. 1962-92 as conditioned by a vote of 5:0 (Gartner absent) to allow a 3,200 square foot addition to the Buddhist Temple in the Single-Family Residential (R- 1) zoning district at 713 North Newhope Street. After receiving public testimony, the Planning Commission added conditions that a review. of the project be completed by the Police Department for noise issues six months after permits have been finaled for the building addition, that a precise landscape plan be approved by the Planning Commission prior to issuance of building permits and that the Buddhist Center notify surrounding property owners in writing prior to any outdoor gatherings to celebrate special events that require a land use certificate to be issued by the City. The conditions of approval are outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~/~._~ Jay /M. Trevino Executive Director Planning & Building Agency BA:rb ba/report s2006/cup62-92 Buddhist Templet-5-0'/cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 8, 2007 TITLE: PUBLIC HEARING - FILED BY THE VIETNAMESE- AMERICAN BUDDHIST CENTER FOR CHARITY SERVICES TO MODIFY CONDITIONAL USE PERMIT NO. 1962-92 TO ALLOW AN ADDITION TO THE TEMPLE LOCATED AT 713 NORTH NEWHOPE STREET Prepared by Bill e PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Executive Director Planning Ma ager RECOMMENDED ACTION Adopt a resolution approving the modification to Conditional Use Permit No. 1962-92 as conditioned. DISCUSSION Request of Applicant The Vietnamese-American Buddhist Center for Charity Services is requesting approval to modify Conditional Use Permit No. 1962-92 to allow a 3,200 square foot addition to the existing temple located at 713 North Newhope Street in the Single-Family Residential (R-1) zoning district. Property Description The Temple is located on the east side of Newhope Street between Hazard and Fifth Streets. The site is 2.18 acres in size and has an existing 3,200 square foot single-story building that operates as a prayer area, kitchen and gathering area for the temple. The second building is two- stories, 9,200 square feet in size, and operates as administrative offices, Monk living quarters and storage and display area for temple antiquities. The property has a General Plan Designation of Low Density Residential (LR) with a corresponding zoning designation of Single-Family Residential (R-1) The site is bordered by single-family residential property on the north, east and south sides. Across Newhope Street to the west is Rosita Park and single-family houses (Exhibits 1 and 2). EXHIBIT A 31 A-2 Modification to CUP No. 1962-92 January 8, 2007 Page 2 Project Description The project consists of a two-story addition to the temple portion of the Vietnamese-American Buddhist Center. The ground floor will be 1,760 square feet and will contain men's and ladies restrooms, a new 306 square foot kitchen, an electrical room, and a 595 square foot reception and gathering area for the temple. The second floor will be 1,440 square feet and will consist of an office and change room for the head monk. There will be no public assembly on the second floor. Site improvements include bringing the parking lot area for the temple into compliance with City codes for churches by adding 16 landscape planters in the main parking lot and the installation of a five foot landscape buffer between the church parking lot and adjacent residential property. In addition, the parking lot, which will accommodate 136 cars, will be slurry coated and restriped to City standards. An existing six foot block wall separates the temple parking lot from adjacent residential property. Parking lot lighting will also be added to City code (Exhibit 3). Analysis of the Issues In 1962, the City Council approved Conditional Use Permit No. 1962-921 and permitted a two phase expansion of the then Newhope First Baptist Church. The CUP allowed for the construction of a 480 seat church sanctuary, two education buildings, and the conversion of the existing church sanctuary into classroom space. Only one of the education buildings was constructed and the site was later purchased by the Vietnamese-American Buddhist Center for Charity Services who has occupied the site since April 2002. The building addition proposed by the Buddhist Center does not comply with the site plan layout and conditions approved by the City Council in 1962. Therefore, the Buddhist Center is proposing to modify the original CUP approval to allow the construction of the 3,200 square foot, two-story addition to the temple. This modification of CUP 1962-92 will supersede the approvals and conditions previously established by the City through the original CUP. Because the Buddhist Center operates differently than a traditional church, in that there are generally no fixed times for temple services, there is not a need for the fixed seat sanctuary and educational buildings ' This Conditional Use Permit (CUP) was originally issued as CUP # 92. With the advent of the SAPIN computer system all entitlements received a number of which the first four digits was the year the application was processed. As sucky~ ~UA~# ~? is now known as CUP No. 1962-92. Modification to CUP No. 1962-92 January 8, 2007 Page 3 previously approved through CUP No. 1962-92. Individuals visit the temple at their leisure to walk the grounds and worship. At the completion of the proposed addition, a total of 4,224 square feet of area will be used for worship and assembly. Since churches/religious meeting halls are parked at one parking space per 35 square feet of assembly area, a total of 121 parking spaces are required for the project while 136 parking spaces have been provided. The on-site parking area is being upgraded to comply with City Codes pertaining to churches. A five foot landscape buffer is now provided adjacent to surrounding residential property and new landscape planters, trees and lighting will be provided in the parking lot that will be in compliance with City development standards. Parking lot lighting will be limited to 15 feet in height and will be designed to shine away from adjacent houses. The Temple also celebrates three Buddhist Holidays each year where up to 300 people may visit the site. On these three holidays, an outdoor gathering area is used. These holidays are special events that require a land use certificate (LUC) to be issued by the City. These holidays include Buddha's Birthday, Chinese New Year's and Mothers Day. Based upon the above analysis and findings, staff recommends that the Planning Commission approve the conditional use permit required for the project as conditioned. 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 15301. This Class 1 exemption allows additions to existing structures provided the addition will not result in an increase of more than 10,000 square feet if the project is located in an area where all public services and facilities are available to allow maximum development permissible by the General Plan and the area where the project is located is not environmentally sensitive. Categorical Exemption Environmental Review No. 2006-70 will be filed for this project. ?3.GP.P~ Bill Apple Associate Planner BA:jm ba\reporta2006\cup 6292 Buddhist temple mod.pc 31 A-4 ~~ ~ti Vince Frego 'o, AI 'P Senior Plann le~ L ~y o GerJan Grov• ~I l9 r-iJl I 1~ .________. SP-2 I R2 -,A rig 1 C2 ~I~ -J~ C2 SP-2 ~ ~ R1 I~~ 1 1 I~ _______rl I' IR1 1 r~_______JI 16RZ~. ~ __ ~•) ______ nnl. RI pl -\ 33 so <zil R1 R1 b R1 Iii li P R1 R1 R1 "~ Rt fl1 4_' S""'r'4. b ~ II II ~ R1 R1 R1 3 µ-It a Rt =~ os. 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R3~PRD - _ _ IFS=-J1_~1 2 w i __ __ll„ 1 i~ R1 ,A so-36 ~1 I M1 _ I Imo- RI II&I j~ Ti 1-~I~ro 11 I`--__- -1 zR1' ____ l-- I R3 i II lili II i~_-=c.l ~ ~ Ri ,1 -ii __ R4___ ii R1 R2 1 ~~+1 i`_1i IL I~ I~ I~_______JI _v-__=_'I -II ~I r_==nn _i SP-2 R2 Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE~FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILV RESIDENCE FSM COMMERCIAL SOUTH MAIN Mt LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL Rd SUBURBAN APARTMENTS CLMD COMM.COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C&A CENTRAL BUSINESS-ARTIST VILUGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL _ MODIFICATION OF CUP 62-92 _, ~ VIETNAMESE AMERICAN BUDDHIST CENTER ~, FOR CHARITABLE SERVICE 713 NORTH NEWHOPE 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 VICINITY MAP EXHIBIT 1 31 A-5 HAZARD STREET 0 °' F' G ~ ° w MOONRIDGE AVENUE - Vl W ~ w 2 SI GLE FAMILY ESI ENTIAL LLJ a - ~ro ,.aE w Avon ROSITA PARK - y '' Q ? ~ '~ Q LL LL W W Z Z ~ a h a (9 0 ~ Z SI GLE FAMILY ' ~ R SIO ENTIAL W SI GLE FAM LY ESI ENT AL ~ y SFR Z ROOSEVELT AVENUE SIN LE F MILY RE IDEN IAL SFR MODIFICATION OF CUP 62-92 = VIETNAMESE AMERICAN BUDDHIST CENTER i..... FOR CHARITABLE SERVICE ~'' 713 NORTH NEWHOPE STREET 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 LAND USE MAP EXHIBIT 2 31 A-6 S I G L F M I L Y R E S T E N T I A SIN L E A M I Y R SID N T I L S I G L E F A M L Y E S I ENT A L K ~2 od 2 6K s ~~ 2' col 4, ~.,.~ .~~.. IB'-~ IOOI_O ~ I-o , _ If7_O ~ I 00 ~ + S EXISTING 0 N M e e s e e wry ~ ^ ~ ' B Im L v.~ lFti;~..': .ti.' '; w~ ~ O ~ ¢xxasenra rB 1M I'T ~Y Ivy I~ d g~ ~ G '~ ' fi 7 ~ 3 muEh m . . ~ ~ gr i P 1 svvF r rxgm F C f w+3 LMp.GR ~. T` 1~.'VI ~!Fi cf~. Wf v - 1 P I tl , e.°1~.men ~ IXISTING gg Y p b ~ mwcam .-. Rye ^~ d~ t " C ~ - NIIeGB M11P9101Y e ~r , . e I ` L RENOVATED a a PARKING Q SITE PLAN ~'~~` PROPOSAL ADDITION d. IMPROVEMENT FOR VIETNAMESE-AMERICA BUDDHIST CENTER FOR CHARITY SERVICES 719 N. N ~ MMIA ANA MODIFICATION OF CUP 62-92 EXHIBIT 3 1 of 3 4 ~~ b~ b' ~ z ~_ 2 r N u~ O r h N Z O F Q ` ~oY ~^I °I A w N F 0 s c~ 9 0 A~~ ~=~ L'I itl 31 A-8 IWC~ ~. G LLV F !- W ~o~ ¢~ ~QW i ~OmN ~aU~ p~_ a~lwv ~ ' z~ _ O ~ R ~ w 0~LL a~ u~ 0 N 2 of 3 N} SECOND FLOOR BLDG. "i Ae•-e- Area 680 Sgft. T ~~ ty A< ~ STAKES 0 N O NO ASSE]IBLY ANRQUE RH. Area 2645 SgFt. ALTER STAlUE4 O (E) SECOND FLOOR BLDG. "B" scALe ina• _ r-c 31 A-9 ¢~ LLVW ~_~ ~ ~o~ ~WpW Om~ ~ o~~°` ~ a,~W~ ~ oac Q~LL ~W Q~ 3 of 3 KO- 1/26/07 RESOLUTION NO. 2007-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 1962-92 AS CONDITIONED TO ALLOW AN ADDITION TO THE TEMPLE FOR THE PROPERTY LOCATED AT 713 NORTH NEWHOPE 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 is requesting approval of the amended Conditional Use Permit No. 1962-92 to allow an addition to the temple for the property located at 713 North Newhope Street. B. This Conditional Use Permit was originally issued as CUP # 92. With the advent of the SAPIN computer system all entitlements received a number of which the first four digits was the year the application was processed. As such, CUP # 92 is now known as CUP No. 1962-92. C. Conditional Use Permit No. 1962-92 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 8, 2007. 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 community? The property has been used as a religious facility since the original conditional use permit was approved in 1962. The addition will improve the temple building by adding 1,760 square feet to the ground floor which will contain new men's and ladies restrooms, a new 306 square foot kitchen area, an electrical room and a 595 square foot reception and gathering area. The second floor addition will be 1,440 square feet and will consist of an office and change room for the head monk. Since 1962, religious facilities on this site have provided Resolution No. 2007-02 31 A-1 ~ Page 1 of 7 services that have contributed to the general well being of the surrounding neighborhood and the community. 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? A religious facility has been operating on this site since 1962 without any known complaints to the City from persons residing or working in the vicinity. The 3,200 square foot addition to the temple will update the facility by providing a new kitchen and gathering area for the facility, new men's and ladies restrooms, and new office area for the head monk. The addition will be parked to City standards and will result in new landscaping and lighting being added to the site and improvements being made to the church parking lot. The new addition will provide a benefit to the religious facility and will not be detrimental to the health, safety and general welfare of persons residing or working in the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties in the surrounding the area? The 3,200 square foot addition to the temple will not adversely affect the economic development or economic stability of properties in the surrounding area. Improvements will be made to the site as the result of the building addition which will be a positive influence on the present economic stability and future economic development of properties in the surrounding area. The overall economic stability of the area will be strengthened as a result of new investment on the subject site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As a result of the new addition to the temple building, new landscaping planters and trees will be added to the church parking lot, landscape buffers will be provided between the parking lot and adjacent residential property and site lighting will be brought into conformance with City codes. At the completion of the building addition, the site will comply with the regulations and requirements specified in Chapter 41 of the City's zoning code for religious facilities. Resolution No. 2007-02 31 A-11 Page 2 of 7 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed 3,200 square foot addition will not adversely affect the General Plan of the City. Religious facilities are permitted within the Low Density Residential (LR) General Plan designation and are allowed with a conditional use permit in the Single-Family Residential (R-1) zoning district. There are no Specific Plans that have an affect on this project or properties in the immediate area. 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 15301. This Class 1 exemption allows additions to existing structures provided the addition will not result in an increase of more than 10,000 square feet if the project is located in an area where all public services and facilities are available to allow maximum development permissible by the General Plan and the area where the project is located is not environmentally sensitive. Categorical Exemption Environmental Review No. 2006-70 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 1962-92 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 713 North Newhope Street. 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 January 8, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman Resolution No. 2007-02 31 A-12 Page 3 of 7 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee 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. 2007-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-02 31 A-13 Page 4 of 7 Amended Conditions for Approval for Conditional Use Permit No 1962-92 The modification to Conditional Use Permit No. 1962-92 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by the 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 1. All proposed building additions and site improvements must conform to the Site Plan Review approval of DP No. 2006-21. 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 if the conditional use permit must be amended. 3. The modification to Conditional Use Permit No. 1962-92 shall supersede all previous conditional use permit conditions and approvals. 4. Based upon the 136 parking spaces provided on this site, the assembly area of this religious facility shall be limited to a maximum of 4,760 square feet (4,760/35 = 136 spaces). 5. Temporary events and exterior gatherings shall require the approval of a Land Use Certificate. 6. The parking lot shall be slurry coated to repair any deteriorated paving and shall be double stripped to City standards. 7. Light standards adjacent to residential property shall be no higher than 15 feet and light shall be directed away from residential areas. 8. A precise landscape plan shall be approved by the Planning Commission prior to issuance of building permits for the proposed building addition. Resolution No. 2007-02 31 A-14 Page 5 of 7 9. The religious facility shall notify surrounding property owners in writing a minimum of seven days prior to any outdoor gatherings to celebrate special temporary events that require a land use certificate to be issued by the City. B. Police Department 1. Existing buildings and parking lots must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. A review of the project shall be completed by the Police Department for noise issues, six months after permits have been finaled for the building addition. Resolution No. 2007-02 31 A-15 Page 6 of 7 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. I served the foregoingg document described as: Resolution No. 2007-02 Conditional Use Permit No. 1962-921 in this action by p acing a true copy ereof enc~ose~,in spa enve opes a ressed as follows: Ven. Thich Quang Thanh Vietnamese American Center 713 North Newhope Street Santa Ana, CA 92703 [ ] 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 January 24, 2007 at Santa Ana, California MARTHA RAMIREZ Resolution No. 2007-02 31 A-16 Page 7 of 7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE SANTA ANA YOUTH COMMISSION ~~ ~ .~J J ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Puhlic Hearing For CONTINUED TO FILE NUMBER Adopt Ordinance No. amending Article IV, Section 2.451 of the Santa Ana Municipal Code relating to the Santa Ana Youth Commission. DISCUSSION The Santa Ana Youth Commission was created by City Council to encourage greater youth participation in the community's development and to foster a greater understanding of the issues and concerns facing today's youth. Santa Ana is the youngest city of the one hundred largest cities in the United States. The City has a population of 351,697 of which 61,683 are youth between the ages of five and 17. Currently, regular and alternate members of the Youth Commission are limited to high school aged students between the ages of 14 and 18 and associate members are limited to intermediate school students between the ages of 11 and 13. To provide an opportunity for Youth Commission members to establish greater consistency and to allow for a wider range of youth participation, it is proposed that the membership requirements be expanded. It is proposed that regular and alternate members be limited to individuals between the ages of 14 and 21, and associate members be limited to individuals between the ages of 11 and 17. It is further proposed that a four-year term limit be established for regular and alternate members. FISCAL IMPACT There is no fiscal impact associates with this item. Gerardo Mouet Executive Director Parks, Recreation and Com. Svcs.~gep =y~ JS 2/5/07) ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-451 OF THE SANTA ANA MUNICPAL CODE MODIFYING THE REQUIREMENTS OF MEMBERSHIP ON THE YOUTH COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council believes it is important that the Youth Commission members represent a broad cross-section of the youth population of the City. The Council also desires to increase the experience level of the members and to foster greater continuity of membership on the Commission. B. In order to accomplish the above stated goals, the Council desires to amend section 2-451 of the Municipal Code to expand the age limit of members of the Commission to 21 years of age and adjust the age limit of the associate members in a like fashion. The Council also desires to add a 4 year term limit to Commission membership. C. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 2-451 of the Santa Ana Municipal Code is hereby amended to increase the age limits for membership and add a term limit for members such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXX 50A_w Page 1 of _ Sec. 2-451. Requirements of Membership. Each member of the youth commission shall be a student, as well as a resident of the City of Santa Ana. Regular and alternate members are limited to #ig~sshesl~es#-individuals {ages 14-21-~ and associate members are limited to ~ individuals {ages 11-- 17~. Should any member cease to reside within the City of Santa Ana, cease to attend classes as a student, by either graduation or termination of education, or reach the age of ^;:,~t~„ (~1) twenty-two (22), his/her office shall automatically be vacated. All prospective members under the age of 18 shall provide written proof of parental or guardian permission to qualify for appointment. Each member shall be limited to a 4 year term on the Commission. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney Ordinance No. NS-XXX Page 2 of 4 50A-3 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 50A_ w Page 3 of REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: ,~~, PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan (Resolution No. 82-110) and amends the Fiscal Year 2006- 07 Annual Budget. DISCUSSION In response to significant recruitment and retention difficulties in the last several years, the Personnel Services Department recently completed a comprehensive labor market survey of compensation rates for municipal civil engineering job classifications. The survey revealed that all professional engineering classifications examined, which include classifications in the Public Works Agency and Planning & Building Agency, are significantly below the labor market average for comparable positions. As a result of this decrease in market competitiveness, the City has had difficulty over the last several years recruiting candidates for engineering positions. For example, in the three most utilized engineering classifications, Assistant Engineer I and II and Senior Engineer, recruitments to fill multiple vacancies are almost continuously conducted, and are often repeated due to an insufficient number of applicants or a poor quality applicant pool. In the last nine recruitments for these classifications, an average of fewer than three candidates per recruitment met the minimum passing score and were eligible for selection. The affected job classifications in the Public Works Agency are Senior Land Surveyor, Senior Civil Engineer, Senior Engineer, Senior Assistant Engineer, Assistant Engineer II and Assistant Engineer 2. Additional classifications in the Traffic Engineering section include Senior Traffic 55A-1 Proposed Amendment to Classification and Compensation Plan and Annual Budget February 5, 2007 Page 2 of 3 Engineer, Senior Transportation Analyst and Assistant Engineer- Transportation (T). The job classifications in the Planning & Building Agency are Senior Plan Check Engineer, Associate Plan Check Engineer, Assistant Plan Check Engineer II, and Assistant Plan Check Engineer I. As a result of the survey findings and in anticipation of major public works projects scheduled in the next seven years, the Executive Director of Public Works and the Executive Director of Planning & Building Safety are requesting a 10% salary adjustment for these classifications effective March 1, 2007, and an additional 10% salary adjustment effective March 1, 2008. These salary increases will enable the city to regain market competitiveness in these high demand classifications and will enhance the City's ability to attract and retain well-qualified job applicants for these hard-to-fill positions. Additionally, pursuant to recently completed contract negotiations between the City and the Police Management Association (PMA), a six percent increase in compensation is scheduled for the job classification of Police Communications Manager. This adjustment is supported by labor market data indicating that the classification is currently below the average compensation level of comparable classifications in agencies of similar size and complexity. FISCAL IMPACT The fiscal impact figures for the engineering job classifications listed below represent estimated costs for the remainder of the fiscal year, assuming an effective date of March 1, 2007. Assistant Engineer I Assistant Engineer II Assistant Engineer-Transportation Assistant Plan Check Engineer I Assistant Plan Check Engineer II Associate Plan Check Engineer Senior Assistant Engineer Senior Civil Engineer Senior Engineer Senior Land Surveyor Senior Plan Check Engineer Senior Traffic Engineer Senior Transportation Analyst No budgeted positions $54,516 (21 positions) (T) $ 2,596 (one position) $ 2,420 (one position) No budgeted positions $ 8,376 (three positions) $ 2,792 (one position) $37,440 (12 positions) $ 6,240 (two positions) $ 3,280 (one position) $ 6,240 (two positions) No budgeted positions $ 6,240 (two positions) 55A-2 Proposed Amendment to Classification and Compensation Plan and Annual Budget February 5, 2007 Page 3 of 3 The total cost for these proposed increases is $130,140 for the remainder of Fiscal Year 2006-07. The General Fund impact will be $17,036; the balance will impact various Enterprise Funds and the Internal Service Fund. The total cost of the 6o equity adjustment for Police Communications Manager is $2,664 for the remainder of the fiscal year, assuming an effective date of January 1, 2007. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~/ Enriq J. va Execu~iv erector Perspnnel Serv' es Aae i. eve Director Works Agency -- i ~ _ ~7ay .Trevino B3ee tive Director Planning & Building Agency ~S LSl L ~~~ Francisco Gutierrez Executive Director Finance & Management Services Agency 55A-3 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO PROVIDE EQUITY ADJUSTMENTS TO SALARIES ASSIGNED TO CERTAIN ENGINEERING CLASSIFICATIONS AND TO THE CLASSIFICATION POLICE COMMUNICATIONS MANAGER (RM). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines, and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Compensation Plan for Officers and Employees of the City of Santa Ana. C. It is the City's goal to ensure that salaries are internally equitable and competitive with the labor market. D. Based on a compensation study, the Executive Director of Planning and Building Safety and the Executive Director of Public Works propose to provide equity adjustments to professional classifications in Plan Check Engineering and Public Works Engineering to ensure that the City attracts qualified applicants and retains qualified incumbents in these positions. E. Based on labor market data, the City of Santa Ana has reached an agreement with the Santa Ana Police Management Association (PMA) to provide an equity adjustment to the classification of Police Communications Manager (RM). F. It is now desired to amend Council Resolution No. 82-110 in order to effect these adjustments. Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby further amended by: 55A-4 A. Providing equity salary adjustments to the following classification titles assigned to a six-step salary rate range: 6-Step Salarv Rate Ran ge (SRR) Effective FROM TO 3/01/07 3/01/08' Classification Title No. (Mo. Min-Max) No. (Mo. Min-Max) No. AssistantEngineerl 635 ($4,624-5,905) 655 ($5,101-6,510) 675 Assistant Engineer II 649 ($4,954-6,322) 669 ($5,461-6,971) 689 Assistant Engineer - Transportation(T) 649 ($4,954-6,322) 669 ($5,461-6,971) 689 Assistant Plan Check Engineerl 635 ($4,624-5,905) 655 ($5,101-6,510) 675 Assistant Plan Check Engineerll 649 ($4,954-6,322) 669 ($5,461-6,971) 689 Associate Plan Check Engineer 664 ($5,330-6,801) 684 ($5,876-7,499) 704 Senior Assistant Engineer 664 ($5,330-6,801) 684 ($5,876-7,499) 704 Senior Civil Engineer 687 ($5,963-7,609) 707 ($6,574-8,389) 727 Senior Engineer 687 ($5,963-7,609) 707 ($6,574-8,389) 727 Senior Land Surveyor 697 ($6,260-7,989) 717 ($6,903-8,809) 737 Senior Plan Check Engineer 687 ($5,963-7,609) 707 ($6,574-8,389) 727 Senior Traffic Engineer 687 ($5,963-7,609) 707 ($6,574-8,389) 727 Senior Transportation Analyst 687 ($5,963-7,609) 707 ($6,574-8,389) 727 Salary Rate Ranges do not include a salary increase to be effective July 1 , 2007, to be determined per Article IV, Section 4.3D of the MOU b etween the City of Santa Ana and SEIU for Fiscal Years 2004-08. B. Providing an equity salary adjustment to the following classification title assigned to a five-step salary rate range: 5-Step Salarv Rate Range (SRR) Effective• FROM TO 1 /01 /07 Classification Title No. (Mo. Min-Max) No. (Mo. Min-Max) Police Communications Manager (RM) M690 ($6,050-7,355) M702 ($6,415-7,799) Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, shall remain in full force and effect. 55A-5 Section 4: That except as stated otherwise above, this Resolution shall be operative from the date of adoption. ADOPTED this _ day of February, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLAN -~ ham, CI Y M NAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution that amends the City's Basic Classification and Compensation Plan (Resolution 82-110) to add two part-time job titles and change two full-time job titles. DISCUSSION The Executive Director of Parks, Recreation & Community Services is requesting the creation of two part-time job classification titles: Park Ranger (Part Time) and Supervising Park Ranger (Part Time). Positions in these classifications will perform the same duties as those assigned to the equivalent full-time job classifications, but the addition of a part- time designation will distinguish the incumbents as part-time employees in accordance with the City's job classification titling system. The Executive Director of Parks, Recreation & Community Services is also requesting that the current title Associate Zoo Curator be changed to Zoo Curator. The title Zoo Curator is more appropriate because it better reflects the classification's responsibility for supervision of technical operations of the zoo, and is more consistent with comparable classifications in the industry. The proposed change applies only to the classification title and does not affect the salary of the classification. Finally, the Police Chief is requesting a change in job title for one classification, Darkroom Technician, to Police Photo/Video Specialist. With the advent of new technology and the Police Department's purchase of a digital photography system, both the title and primary tasks of the Darkroom Technician job classification no longer reflect the duties being performed. The position no longer processes film using chemicals, but instead downloads and prints photographs to make CD's and DVD's for department use. As a result, the Police Chief wishes to change the title and update the job description for this job classification. These changes will not result in any change in compensation. 55B-1 Proposed Amendments to Classification and Compensation Plan February 5, 2007 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with these actions. u.~ Enriqu J. a Executive ctor Personnel Services Department / `~." Gerardo Mo et Executive irector Parks, Recreation & Community Services Agency 1 ~' r ~, - ~ 11 ~+ Pahl Walters Police Chief Police Department 55B-2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO ADD TWO NEW PART TIME CLASSIFICATION TITLES AND TO CHANGE TWO EXISTING FULL TIME CLASSIFICATION TITLES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110, revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market. D. The Executive Director of the Parks, Recreation and Community Services Agency proposes to create two new part time classification titles, and to change one full time classification title. E. The Chief of Police proposes to change one full time classification title to more accurately reflect the duties and responsibilities of the position. F. It is now desired to amend Council Resolution No. 82-110, as amended, in order to effect these changes. Section 2: That Section 3.5.2 Classification Titles and Wage Rates for Long- Term Represented Cateaories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adding the following part- time titles, assigned to the hourly wage rates set forth as follows: 55B-3 Hourlv Wage Rates Effective 2/05/07: Classification Title Step A Step B Steo C Step D Step E Park Ranger (Part Time) $23.04 $24.20 $25.41 $26.68 $28.03 Supervising Park Ranger (Part Time) $26.03 $27.35 $28.72 $30.15 $31.66 Section 3: That Section 3 Assignment of Classes of Emolovment To Salarv Rate Ranges of Resolution No. 82-110, as amended, is hereby further amended by changing the existing classification titles as indicated below, at no change in currently assigned salary level: From To Associate Zoo Curator Zoo Curator Darkroom Technician Police Photo/Video Specialist Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, shall remain in full force and effect. Section 5: This Resolution shall be operative from and after its date of adoption. ADOPTED this 5th day of February, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 55B-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B-5 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE ADOPT A RESOLUTION TO RESTRUCTURE THE CITY COUNCIL COMMITTEES C ITY A AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUPJ~BER Adopt a resolution to restructure the City Council committees and authorize the Mayor to appoint the members. DISCUSSION On December 14, 1998, the City Council approved the establishment of Council Committees in order to facilitate in-depth review and discussion of key priority areas. On various occasions this resolution was amended and the Council Committees reorganized. In order to improve efficiency of the committee process, it is recommended that the Council Committees again be restructured. It is recommended that the number of committees be reduced to four, and that the following Committees be established: Development, Transportation, Public Safety, and, Parks, Recreation, Education & Youth. Each committee shall consist of two or three Councilmembers as determined and appointed by the Mayor. Members shall serve on each committee for a two year term commencing with the first meeting of each new city council following a general election, FISCAL IMPACT There is no fiscal impact associated with this action. 55C-1 jwf: 1 /18/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING CERTAIN COMMITTEES OF THE CITY COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows A. The City Council has, from time to time, created and modified Committees of the Council for the purpose of focusing greater Council attention on key priorities coming before or of interest to the Council. B. The City Council seeks to again reorganize the committees to reduce the number of committees to four (4), but to permit the number of members of any committee to be as many as three. Section 2. From and after the date hereof, there shall be the following Committees of the City Council: a. Development b. Transportation c. Public Safety d. Parks, Recreation, Education & Youth Each committee shall consist of two or three councilmembers as determined and appointed by the Mayor. Each committee member shall serve on the committee for a two year term commencing with the first meeting of each new city council following a general election, but each councilmember shall continue to serve on his or her committee until replaced. Section 3. Resolution No. 2005-102 is hereby repealed in its entirety and shall be null and void for all purposes. ADOPTED this day of , 2007. Miguel A. Pulido Mayor Resolution No. 2007-XXX Page 1 of 2 55C-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2007-XXX Page 2 of 2 55C-3 55C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: AGREEMENT ViITH GRAFFITI TRACKERS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' 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 execute an agreement with Graffiti Trackers to provide software to assist in the enforcement of graffiti abatement and criminal investigation in an amount not to exceed $85,000. DISCUSSION Graffiti has exacted a great toll on the resources of the City of Santa Ana for many years. Eradication and investigation of graffiti crimes involves resources from the Police Department, Santa Ana Unified School District Police, and Public Works and Parks, Recreation, and Community Services Agencies. Statistics consistently demonstrate that graffiti is on the rise. City removal crews from the Public Works and Parks, Recreation, and Community Services Agencies remove graffiti from public and private property. The City estimates that approximately $2 million are spent annually on graffiti removal. Currently the abatement and investigation process involves the abatement crews taking photographs of the graffiti with Polaroid cameras and creating a form identifying the square footage, cost of removal and location. The information is then forwarded to the Police Department for investigation. This is a very cumbersome process." Graffiti Trackers services include examination, data entry, and cataloging of the information from photographs of the graffiti taken by crews into a relational database accessible by the police detectives. Graffiti Trackers will also provide the GPS enabled cameras to the City, eliminating the need for Polaroid film expenditures. The services provided by Graffiti Trackers will expedite and increase the City's ability to process graffiti cases and prosecute offenders. 65B-1 Agreement with Graffiti Trackers February 5, 2007 Page 2 FISCAL IMPACT Funds are available in the Environmental Sanitation Fund Account (account no. 68-632-6291). APPROVED AS TO FUNDS AND ACCOUNTS: " ~} hMl~• r. ~.. s oss Francisco Gutierrez ~~~~ee" tive Director Executive Director d is Works Agency Finance & Mgmt. Services Agency 65B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: PUBLIC HEARING - 2006 DOWNTOWN BUSINESS IMPROVEMENT AREA REPORT AND 2007 ASSESSMENT RESOLUTION ~ .~t.~-- CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1b~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution confirming the calendar year 2006 Annual Report and 2007 Budget approving the levy of the 2007 assessment for the Downtown Santa Ana Business Improvement Area. 2. Authorize the Executive Director of the Finance and Management Services Agency to allocate the budgeted funds. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500 et seq. of the California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID allows the businesses to assess themselves in order to raise funds for the promotions and improvements of the Downtown area. On January 16, 2007, the City Council approved the 2006 Annual Report and the 2007 Budget for the Downtown Santa Ana Business Improvement Area (Exhibit A), and set this public hearing in accordance with state law. The subject resolution will confirm the 2006 Business Improvement Area Report and 2007 Budget and constitute the levy of an assessment. 75A-1 P.H. - 2006 Downtown Business Improvement Area Report and 2007 Assessment Resolution February 5, 2007 Page 2 FISCAL IMPACT The anticipated revenue from the 2007 BID assessment is $195,000, which will be allocated to programs as described in the adopted 2007 BID budget. I / ~" . ~` Step en G. rding Deputy City Manager for Development Services Community Development Agency SGH/NTE/mlr H:\ACTIONS\2007 CC\PH 2O06DTBUSImprovAreaRpt&2007Assessment Reso 2-5-07.doc 75A-2 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2006 AI`IIVUAL REPORT EXHIBIT A 75A-3 2006 ANNUAL REPORT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT Backeround The Downtown Santa Ana Business Improvement District (BID) was established in February 1984 by the Santa Ana City Council as a means of providing the Downtown business community with funding for promoting the area, increasing security, enhancing maintenance and implementing physical improvements. The Community Redevelopment and Housing Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the prepazation and administration of the BID's budget and annual report, its promotional and marketing programs, security and maintenance plans, and physical improvement projects. Improvement Area Boundazies The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volume of the business (see Attachment B). Summary of Improvements and Activities The two representatives Downtown associations (Downtown Santa Ana Business Council and La Calle Cuatro De Santa Ana Association) hosted a variety of major community events and promotions during 2006, they included: • Cinco De Mayo Celebration • July 4th Celebration • Fiestas Patrias de Orange County El Grito Ceremony, Festival and Pazade • Fiestas de las Americas Festival • Art Openings • Car Shows • Concerts • Holiday Events On October 6, 2003, the Santa Ana City Council appointed the CRHC as the Downtown Santa Ana BID Advisory Committee. As the BID Advisory Committee, CRHC is responsible for recommending an annual budget and other policies pertaining to the BID. Working with information provided by staff, the Downtown associations developed the 2007 BID budget. EXHIBIT A 75A-4 2007 Budget Plan As a result of input from the Associations and the BID Advisory Board, the 2007 BID budget focuses on two key areas: (1) continued promotions and marketing of the BID (as permitted by Ordinance No. NS-1715) and (2) maintenance/safety/security services that equitably cover all the streets in the BID area. The estimated contribution from the 2007 BID budget for items 1 and 2 is $229,100. The 2006 Capital Improvement fund will carry forward $352,500, which is dedicated to Phase II of Downtown Streetscape Project and special projects. The Phase II Streetscape Project is anticipated to commence Spring 2007. The City/Agency has dedicated $1.5 million towards the completion of this project. EXHIBIT A 75A-5 O= Q W Q Z W W d^ !/~ !r7 W Z M= W Q Z Q Q ~"~ Z Q V~ Z f- 0 0 1 J~3•~ I ~ / is u^YYYY~NLLIgNY• \\// v . • ~~ ~ ~^~ 13~ ^ ^ 1331LL5 ~~ .............T~r` ^^^^^ ~~CI~~C~~I^ 7/~^^[J^ 1~ LJ z z, Jii~,,~ 133915 a ~ ^ ~~ ^ ^ -~i~ H7SIA ~Q _~ 'S YIY01VYll «j a~a ~ialf 5 ^ ^ ^ ^ J MC37tlxdS ~ ^ ^ ^ ^ xma ^ ^ ^ ^ ^ x17W ^ i OYYYYYYYYOYYY^ tl3.'Atl13 ^ • ^ a ^ ~ ^ x f' W ^ r = ^ w ^ ^ ~ T '4 ^ ^ ^ ^ ^ ^ ^ e m 75A-6 Attachment B 2007 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District, classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses with the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. EXHIBIT A 75A-7 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2007 BUDGET SUMMARY OPERATING FUND REVENUE BID Assessments -current $ 195,000 Prior Year Carry Forward 34,100 Total Revenue $229,100 EXPENDITURES District-wide Maintenance Programs $ 30,000 District-wide Safety/Security Programs 60 000 Holiday Decorations 9,900 Promotions and Marketing 129 100 Downtown Partner Contracts ^ 4`h St. Promotions Collaborative* $67,132 (52%) ^ SADBC Promotions $61,968 (48%) Total Expenditures $229,100 * The name 4th Street Promotions Collaborative is not an official name or designation; it is simply a "coined" name - an easier way to refer to this group of business interests. The 4th Street Promotions Collaborative is a geographic group comprised of Fiesta Marketplace Partners, La Calle Cuatro de Santa Ana and the Push Cart Vendors & Merchants of Historic Santa Ana. They are working together to develop and implement a Promotions and Marketing Program that will benefit the diverse business interests along 4`h Street. EXHIBIT A 75A-8 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2007 BUDGET SUMMARY CAPITAL IMPROVEMENT FUND (No change -this activity was committed to in prior years; no action required) REVENUE BID Assessments -current $ _0_ 2005 Capital Improvement Carry Forward 300,000 2005 Operating Fund Carry Forward 52,500 Total C.I. Revenue $352,500 EXPENDITURES Phase II Streetscape Project $ 300 000 District-wide Special Projects 52 500 Total C.I. Expenditures $352,500 EXHIBIT A 75A-9 LCP/1 /29/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2007. THE CITY COUNCIL FOR THE CITY OF SANTA ANA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council for the City of Santa Ana hereby, finds, determines and declares as follows: A. On February 6, 1984, the City Council, by its Ordinance No. NS-1715, established the Downtown Santa Ana Business Improvement Area. B. On January 16, 2007, the City Council received and approved the 2006 Annual Report ("the Report") and the 2007 Budget ("the Budget") for the Downtown Santa Ana Business Improvement Area (the "Report") and set its regular meeting of February 5, 2007, as the time and place for public hearing on the levy of an assessment on and for the Downtown Santa Ana Business Improvement Area. C. On February 5, 2007, the City Council confirmed the 2006 Annual Report and the 2007 Budget for the Downtown Santa Ana Business Improvement Area. Section 2. The Report and the Budget are hereby confirmed as written, and adoption of this Resolution shall constitute the levy of an assessment during the year 2007 in accordance with Attachment B of the Report, a copy of the Report is attached hereto and incorporated herein by reference. Section 3. Unless and until changed by resolution of the City Council, the fiscal year of the Downtown Santa Ana Business Improvement Area shall be the calendar year. Section 4. Notwithstanding anything to the contrary in Ordinance No. NS- 1715, from this time forward, the City Council may take action by resolution on any matter pertaining to the Downtown Santa Ana Business Improvement Area as to which such action by resolution is authorized by part 6 (commencing with section 36500) of Division 18 of the Streets and Highways Code of the State of California, known as the "Parking and Business Improvement Area Law of 1989." Except as herein modified, Ordinance NS-1715 shall remain in full force and effect. Resolution No. 2007- Page 1 of 2 75A-10 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney AYES: Council members: NOES: Council members: ABSTAIN: Council members: NOT PRESENT: Council members: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75A-11 Resolution No. 2007- Page 2 of 2 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2006 ANNUAL REPORT EXHIBIT A 75A-12 2006 ANNUAL REPORT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT Back round The Downtown Santa Ana Business Improvement District (BID) was established in February 1984 by the Santa Ana City Council as a means of providing the Downtown business community with funding for promoting the area, increasing security, enhancing maintenance and implementing physical improvements. The Community Redevelopment and Housing Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the preparation and administration of the BID's budget and annual report, its promotional and marketing programs, security and maintenance plans, and physical improvement projects. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volume of the business (see Attachment B). Summary of Improvements and Activities The two representatives Downtown associations (Downtown Santa Ana Business Council and La Calle Cuatro De Santa Ana Association) hosted a variety of major community events and promotions during 2006, they included: • Cinco De Mayo Celebration • July 4`h Celebration • Fiestas Patrias de Orange County El Grito Ceremony, Festival and Parade • Fiestas de las Americas Festival • Art Openings • Car Shows • Concerts • Holiday Events On October 6, 2003, the Santa Ana City Council appointed the CRHC as the Downtown Santa Ana BID Advisory Committee. As the BID Advisory Committee, CRHC is responsible for recommending an annual budget and other policies pertaining to the BID. Working with information provided by staff, the Downtown associations developed the 2007 BID budget. EXHIBIT A 75A-13 2007 Bud et Plan As a result of input from the Associations and the BID Advisory Board, the 2007 BID budget focuses on two key areas: (1) continued promotions and marketing of the BID (as permitted by Ordinance No. NS-1715) and (2) maintenance/safety/security services that equitably cover all the streets in the BID area. The estimated contribution from the 2007 BID budget for items 1 and 2 is $229,100. The 2006 Capital Improvement fund will carry forward $352,500, which is dedicated to Phase II of Downtown Streetscape Project and special projects. The Phase II Streetscape Project is anticipated to commence Spring 2007. The City/Agency has dedicated $1.5 million towards the completion of this project. EXHIBIT A 75A-14 ~~ Q j~ ~r Q ~-• z a. ~~ V~ {.L~ ~"~ UJ `~ Q Q E~ Z Q C/~ .'~ }.~ 0 y_~f+!~ l_ ~J{_ r_--_~~ l~.a~.a ... a. v® - ^ ~y ~^~ ~(~~~\ ^ ^ t__~ 13~ ^ H9GY1 ^ ^ ^ l33NlS ^ ~.L ^ ~ ^ ^ N030tlOd5 ^r•urrw •rr133y14iuurwrwi a^^^^^o ^ l33H1T NIYW ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ 3NOW'fJ1S r w ~~ ~ ~ NOtl1Y z ~ a o • r .», ~ ;a~sr .~ iii ~~ 4 a ~: , ;~~ • ~~ a M ~ ~; arlg r~ 1 $ J 133'±iS ) ^ l A ^ ~ ~ wvwaarrnmwmnn H3M033 w ~ ^ ~ ^ ~ ^- w ^ ~ r s .~ .a t 4 ^ ^ a r ^ ^ ^ a n ^ s 75A-15 Attachment B 2007 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District, classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses with the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. EXHIBIT A 75A-16 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2007 BUDGET SUMMARY OPERATING FUND REVENUE BID Assessments -current $ 195,000 Prior Year Carry Forwazd 34,100 Total Revenue $229,100 EXPENDITURES District-wide Maintenance Programs $ 30,000 District-wide Safety/Security Programs 60,000 Holiday Decorations 9 900 Promotions and Marketing 129,100 Downtown Partner Contracts ^ 4s' S[. Promotions Collaborative* $67,132 (52%) ^ SADBC Promotions $61,968 (48%) Total Expenditures $229,100 * The name 4"' Street Promotions Collaborative is not an official name or designation; it is simply a "coined" name - an easier way to refer to this group of business interests. The 4"' Street Promotions Collaborative is a geographic group comprised of Fiesta Marketplace Partners, La Calle Cuatro de Santa Ana and the Push Cart Vendors & Merchants of Historic Santa Ana. They aze working together to develop and implement a Promotions and Marketing Program that will benefit the diverse business interests along 4`h Street. EXHIBIT A 75A-17 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2007 BUDGET SUMMARY CAPITAL IMPROVEMENT FUND (No change -this activity was committed to in prior years; no action required) REVENUE BID Assessments -current $ _0_ 2005 Capital Improvement Carry Forward 300 000 2005 Operating Fund Carry Forward 52,500 Total C.I. Revenue $352,500 EXPENDITURES Phase II Streetscape Project $ 300,000 District-wide Special Projects 52,500 Total C.I. Expenditures $352,500 EXHIBIT A 75A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-06 TO REZONE A PARCEL FROM COMMUNITY COMMERCIAL (Cl) TO SINGLE-FAMILY RESIDENCE (Rl) AT 510 NORTH EUCLID STREET - JAVIER BRITO, APPLICANT ~. CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2006-06. PLANNING COMMISSION ACTION On January 8, 2007, the Planning Commission recommended Council adopt an ordinance approving Amendment Application a vote of 5:0 (Gartner absent) to rezone the subject site Commercial (C1) to Single-Family Residence (R1) at 510 Street. The Planning Commission made no changes to the report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino Executive Director Planning & Building Agency CR:rb cr\reponts\ad06-06.cc that the City No. 2006-06 by from Community North Euclid attached staff 75B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 8, 2007 TITLE: PUBLIC HEARING - FILED BY JAVIER BRITO FOR AMENDMENT APPLICATION NO. 2006-06 TO REZONE A PARCEL FROM COMMUNITY COMMERCIAL(Cl) TO SINGLE-FAMILY RESIDENCE (Rl) Prepared by Carlos Rodriguez PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Executive Director Planning Man er RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Amendment Application No. 2006-06. DISCUSSION Request of Ap licant Mr. Javier Brito is requesting approval of a zone change to change the zoning classification of an existing parcel to Single-Family Residence (Rl) at 510 North Euclid Street. Property Description The subject site consists of three vacant parcels located on Euclid Street between Silver Drive and Fifth Street. The existing lots are rectangular in shape and are a combined 10,366 square feet in size. Currently, the lots are oriented towards Euclid Street. The property is bounded by commercial uses to the north and south, single-family to the east and a church to the west (Exhibits 1 and 2). The current zoning classification for the subject property is Community Commercial (C1) with a General Plan land use designation of Low Density Residential (LR-7). Project Description The applicant is proposing to construct two single-family residences with attached two-car garages on two separate lots. The first house will be approximately 2,576 square feet in size with four bedrooms and two and a half baths. The second house will be 2,723 square feet in size and EXHIBIT A 75B-2 Amendment Application No. 2006-06 January 8, 2007 Page 2 includes four bedrooms and three baths. The proposed exterior includes a stucco finish, a front porch with decorative columns, stone material on the front elevation, and decorative trim around all windows (Exhibits 3, 4, 5 and 6). As the lots currently face Euclid Street, the applicant is concurrently processing a lot line adjustment in order to reorient the proposed homes onto Silver Drive. By reorienting the lots, the driveways will be located on Silver Drive and will make it easier for residents to safely enter and exit the property as Silver Drive is a residential street with less traffic. Additionally, fronting on Silver Drive will allow the homes to better integrate into the existing residential community on Silver Drive. Analysis of the Issues The applicant is requesting approval of a zone change to allow the construction of two single family homes. The subject site is on the northwest corner of Euclid Street and Silver Drive. The land uses found along Silver Drive and Euclid Street in the surrounding area consist of mainly residential, with some commercial uses on Euclid Street. The pattern of residential uses in Silver Drive is composed primarily of single-family with several two-family residences and the adjacent church which is allowed in residential neighborhoods. The zoning for the entire block is Two-Family Residence (R2), which allows construction of single-family residences. The existing zoning and general plan designations for the subject property are inconsistent. The current general plan designation allows the potential development of single-family residences while the zoning allows commercial business. As the General Plan for the City indicates this area as Low Density Residential (LR-7), the long range vision for the area encourages the development of single-family residential uses. Although current zoning would potentially allow the construction of commercial use, the inconsistency creates issues for property owners who are trying to use the General Plan as the guide for development. Policy 5.4 of the Land Use Element states that the City should support projects that are consistent with the General Plan designation. Policy 5.5 of the Land Use Element focuses on encouraging development that is compatible with and supportive of surrounding land uses. The entire Silver Drive block is composed of mainly single-family dwellings. 75B-3 Amendment Application No. 2006-06 January 8, 2007 Page 3 Additionally, the properties on the east side of Euclid Street contain single-family residences that were recently constructed and were approved with a zone change to Single-Family Residence (R1). Finally, Policy 3.5 of the Land Use Element encourages development that is compatible in scale and consistent with the architectural style and character of the neighborhood. Within the existing neighborhood, there is a mixture of residential styles. The proposed home has been designed to blend with the existing neighborhood and meets the City's standards for new single-family residences. The existing General Plan land use designation of Single-Family Residence (LR-7) for the subject site encourages the development of single-family residences. Currently, the zoning designation of Community Commercial (Cl) does not allow residences. The surrounding land uses include residential neighborhoods which are compatible with the proposed single-family residences. Additionally, the City has approved a recent request for an amendment application for the homes to the east. Therefore, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2006- 06. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. Categorical Exemption No. 2006-19 will be filed for this project. Carlos Rodriguez Assistant Planner II J - c /~ Vince Fre oso, ICP Senior P ann CR:jm cr\repor[s\aa06-~6.pc 75B-4 ~ R1 11~ 4fl1V ~ C2 I. ~ R2 - ~~) so 4zll = & \ it R, R1 R1 R1 a R1 ii l II II R1 R1 3 µJr os R1 a i R7 t fl1 clry o r cerae~ co ve $ fl1 - . ~ R1 .~ R7 R1 F1 R1 R1 - R1 fl1 . 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COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SO SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST'VILLAGE PCO PLANNED COMMUNITY DEVELOPMENT C6 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL ' AA 06-6 ~ BRITO SINGLE FAMILY RESIDENCE ~ ~~_- 510 NORTH EUCLID 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 VICINITY MAP EXHIBIT 1 75B-5 ~ SINGE FAM Y REST ENTIAL W DUPLEX W m ~ ~- SFR > ~ DUPLEX E 4 ~ SIXTH ST. SI GLE AMILY j DUPLEX RESIDE TIAL ~ COMMERCIAL SINGLE FA ILY RE (DENT AL SILVER DRIVE _ U Q ii CY ~ INGLE F MILY i = U RESIDENTIAL C HURCH SIN LE FA ILY RESIDENT AL SINGLE F MILY RESIDE TIAL COMMERCIAL FIFTH STREET FIFTH STREET MFR COMMERCIAL SING E FA fILY R ESIDE TIAL -~ 0 v J W 7 g W 0 U AA 06-6 =_ BRITO SINGLE FAMILY RESIDENCE 510 NORTH EUCLID STREET ~' 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 LAND USE MAP EXHIBIT 2 75B-6 ~, ~~ I I I i I I !I I I I to I I _._ _ _ -... ..._- _. - _-. - - UTAL~ ~ I~~: I IMg. 3 4 ~~I I 'WL=Id @~ ~ ~ I~ . ._._._._._._._._._._._._._. ._._._._._._._._.-._._._. ._._._._._._$b ~ I I F~a ~ .U~O41 ~ ~ I I r m 7 II i I ~ I '~ 1 ~ -I .o-.e~ 1 1 \ T . 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NEW DRI AY C ~~ P.L.=50.0' _.-.-.-.- 510 N EUCLID AVE ~`~~T~ 1 0.-1~] ~1~2 ~~I I b I I n~ ~ N i O i II n~ b i d I a~z _._._._._._.T.l I j I 1 i I I al I I I~ I ( y ..1.J ~. _ _ ose 7 m1 L 4 ~~~ a b4 81 A m J~ ~_ 8.44 8L~ -_. JY.[4 ~. _. BSt _. S.LL O.L/ 2'.54 _ 9® Y Z p I I' a I ~ g s i m 7~~-12 d'i9 ~D',~ l.~ ~ 89 OZ F 4 a~~ ~'~e F-.l~ n ~~ I L._ I_.41 _~_ ~s _. ~~ au '- pug 9 Z J 6 C O J LL D V W Q V W Z O .~ r, S d K W b LL H.EL I I I ~ I ti, ~''-, Hn 4 0 i ~; f a d.1! I e s z 0 f 2Q Y J W, h W 4 X F Z O i W K O ~ ~ ~ e $~}L ~ A.1 W Y4-.B D ~- a `~ .L-i nsi B.LL B.EL 4 u Z O F '6 j W Q 0 J 1V1 ...I W Z 0 T -. -_~ g~'~J B.LZ..J s.a ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 510 NORTH EUCLID STREET FROM COMMUNITY COMMERCIAL (C1) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2006-06) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2006-06 has been filed with the City of Santa Ana to rezone the property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 8, 2006 on Amendment Application No. 2006-06. The Planning Commission determined by a vote of 5:0 (Gartner absent) to recommend that the City Council adopt a resolution approving Amendment Application No. 2006-06. C. On February 5, 2007 the City Council held a duly noticed public hearing regarding the adoption of an ordinance approving Amendment Application No. 2006-06, to rezone the property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1). D. The existing zoning and general plan designations for the subject property are inconsistent. As the General Plan for the City indicates this area as Low Density Residential (LR-7), the long range vision for the area encourages the development of single-family residential uses. Additionally, the existing land uses on the block are comprised primarily of single-family with several two-family residences and the adjacent church. E. Policy 5.4 of the Land Use Element states that the City should support projects that are consistent with the General Plan designation. F. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-06 to rezone property located at 510 North Euclid Street from Community 75B-14 Commercial (C1) to Single-Family Residence (R1) bears a substantial and reasonable relationship to the public welfare. G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 510 North Euclid Street would be consistent with the appropriate planning and land use criteria. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. Categorical Exemption No. 2006-19 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-06. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated February 5, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1). Amended Sectional District Map number 8-5-10 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-06). Section 4. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this _ day of 2007. Miguel A. Pulido Mayor 75B-15 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-16 HAZARD AyE, L rS.~o i Rl Rl ~ R7 R2 I I ry I R2 t H3 ~ clry or R2 .A1 Rz R2 r s , L Gartlen Grove G s RI R1 R1 cl ~ , u R l c~ I I; q I I ' L : x § R1 '" R1 7 ci 7 I (~ L I z s ®. g I U7 ~~ I W cl a l R1 MI ~ 45 - - + ~ 1 ' FIRST -~'~ (BOLSA AvE~ ST. raio ' , SECTIONAL DISTRICT MAP95-10 ADOPTED BV THE SANTAANACRVGOUNCIL, AUGUST 0, 1959 BY ORDINANCE NS394 ~scwTL-[I~N -RE-a~-T~~ I I ITT o ~~ Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT R1 I fiQ MINIMUM FRONTTGE ~fi990 Mlrvl uM ~oTwREw -B PgRKING MODIFICATION GC GOVERNM S NGLE- FAMILY RESIDENCE ENT CENTER R1-0000 SMALLIOT SINGLE-FAMILY RESIDENCE CI COMMUNITY COMMERCIAL M1 LIGHT INDUSTRIAL axis Mgals mEOSnclusECrlorvu C1-MD COMMUNITYCOMMERCIAL-MUSEUM pISTRICT M2 HEA R2 TWO~FAMILV RESIDENCE ois~ak.MaroFrxEClrvorsgNrq>Nq W INDUSTRIAL R3 MULTIPLEFAMILV RESIDENCE MnumoRizEO SVCmmuxni C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 Assamlorv xo. ranm, ogreo w~eaa,i C3 CENTRAL BUSINESS SUBURBAN APARTMENT xEaFBVanFSr Tlniwls MM isgrquE co O OPEN SPACE RE RESIDENTIAL ESTATE waEweoxlaNasErnorvgt olsmgr Mqp HO C3~A CENTRAL BUSINESS-ARTISTS' VILLAGE P PROFESSIONAL bSAO C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SD SPECIFIC DEVELOPMENT sye.. _ _ CS ARTERIAL COMMERCIAL PO PLANNED DEVELOPMENT BP BPECIFIC PLPN Tar rpsvlrvp irvwcee O ~i CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT Rel uE i rxr c«efiam oele JULV I2, RGN 75B-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: PUBLIC HEARING - EMERGENCY ORDINANCE EXTENDING MORATORIUM FOR ONE YEAR ON THE PROHIBITION, CONSTRUCTION OR ESTABLISHMENT OF HOOKAH PARLORS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an emergency ordinance of the City of Santa Ana extending the moratorium on the construction or establishment of any new hookah parlor for a period of one year. DISCUSSION The City recently received an application to establish a hookah parlor within an existing commercial retail center. A "hookah parlor," for the purposes of this ordinance, shall mean any facility or location whose business operation is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to, establishments known variously as hookah bars, hookah lounges or hookah cafes. Hookah parlors have been associated with a number of detrimental impacts such as public loitering, public drinking and intoxication, and noise. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where hookah parlors may be permitted. As such, provisions of the General Plan and the Santa Ana Municipal Code need review, study and possible revision in order to respond to concerns relating to the impacts of hookah parlors and the potential establishment of new hookah parlors in the City. The City Council adopted a 45-day moratorium on February 21, 2006 and extended the moratorium on April 3, 2006 for a 10 month and 15 day time period which is due to expire on February 18, 2007. The City Charter and State law authorizes interim ordinances and moratoria in instances where it is necessary to create policies and standards for land uses. The City 75C-1 Hookah Parlor Moratorium Extension February 5, 2007 Page 2 at present has no standards regulating hookah parlors, as they are uncommon and a newer land use in the City. This moratorium will allow time to ensure that proper standards are developed. Particular areas requiring further study include how hookah parlors relate to California Labor Code section 640.5, various environmental regulations and the City's recently adopted Tobacco Retailers ordinance. One continuing issue is the ambiguity of the California Labor Code concerning the State's smoking regulation exemption for inside retail or wholesale tobacco shops, lounges and private clubs. A one year extension of the moratorium is recommended so as to allow the development of appropriate standards for hookah parlors and to determine the appropriate level of review required for proposed locations. It is anticipated that the development and operational standards for this use will be presented to the Planning Commission and City Council for review later this year. FISCAL IMPACT There is no fiscal impact associated with this action. _ _ ./'_ U " Jay M. Trevino Executive Director Planning & Building Agency LP:rb lp/rfca/hookah extension.cc 75C-2 ORDINANCE AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE TEMPORARY PROHIBITION ON THE CONSTRUCTION OR ESTABLISHMENT OF ANY NEW HOOKAH PARLOR THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where hookah parlors may be permitted. B. For this reason, on February 21, 2006, at a regularly scheduled public meeting the City Council adopted Ordinance No. NS-2707, which established a moratorium on the construction or establishment of a hookah parlor (hereafter "the moratorium ordinance"). On April 3, 2006, the City Council adopted Ordinance No. NS-2709, which extended this moratorium 10 months and 15 day. C. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of hookah parlors and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and the Santa Ana Municipal Code ("the Code") need review, study and possible revision in order to respond to recent concerns relating to the impacts of hookah parlors and the potential establishment of new hookah parlors in the City. D. Given these concerns, the City Council has requested, in adopting this moratorium, that further study be undertaken of the current provisions of the General Plan and Chapter 41 of the Code to classify hookah parlors and determine whether such businesses should be permitted in the City and if so, where, and under what conditions. During this study period, the City has adopted Ordinance No. NS-2729, which regulates the sale of retail tobacco; established an interagency task force to focus on this issue; and evaluated regulatory decisions adopted by other cities in Orange County, California, the United States and Canada. Ordinance No. NS - XXXX Page 1 of 6 75C-3 E. Without adoption of this ordinance, properties in the City would quickly receive entitlements to establish hookah parlors despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by hookah parlors. F. It has come to the City Council's attention that at least two individuals have made efforts in an attempt to establish a hookah parlor in Santa Ana. G. The City is not, at this time, able to determine under what circumstances, if any, hookah parlors should be established within the City for the following reasons: 1. In other cities, the operation of hookah parlors have led to complaints of loud music, drinking in public and large crowds milling outside of the site. 2. The Orange County Register reports (November 10, 2005) that in two and one-half (2'/z) years the Anaheim Police Department has responded to 413 incidents tied to hookah parlors. 3. This same news report further states that illegal weapons and underage drinking were found by an Anaheim Police Department vice operation directed at hookah parlors. 4. This news report further stated that some hookah parlors in Anaheim had been the target of fire bombs and arson. 5. While there is a widespread belief that smoking from a hookah pipe is safer than other types of tobacco smoking, the World Health Organization ("WHO") reported in 2005 that "waterpipe smokers and second-hand smokers [are] at risk for the same kinds of diseases as are caused by cigarette smoking, including cancer, heart disease, respiratory disease, and adverse effects during pregnancy." 6. The WHO investigatory panel also found that a "typical 1-hour long waterpipe smoking session involves inhaling 100-200 times the volume of smoke inhaled with a single cigarette," and that the smoke, even after passing through water, "contains high levels of toxic compounds, including high levels of carbon monoxide, metals and cancer-causing chemicals." 7. The WHO investigatory panel also found that sharing a hookah's mouthpiece poses a serious risk of transmission of communicable diseases. Ordinance No. NS - XXXX Page 2 of 6 75C-4 8. The WHO investigatory panel found that the common practice of sweetening and flavoring hookah tobacco, giving it a sweet taste and smell, may account for the increase of its use among young people who otherwise avoid smoking. 9. The smoking of tobacco in a hookah "is frightening because it is a gateway toward a lifetime use of tobacco, including cigarettes," according to Dr. Christopher Loffredo, Ph.D., Director of the Cancer Genetics and Epidemiology program at Georgetown University Medical Center, who has studied hookah smoking since 1997. Dr. Loffredo further reports that: "People think the water absorbs the toxins, and that is true to some extent if the toxins are water soluble, but tar isn't, and tar contains the carcinogens. We believe that, compared to the typical cigarette smoker, waterpipe smokers are exposed to larger total amounts of nicotine, carbon monoxide and certain other toxins. And because the tobacco is burning at a lower temperature, it is more tolerable to inhale deeply, and in fact you need more force to pull air through the high resistance of the water pathway. That means the tobacco smoke can be penetrating deeper in a person's respiratory tract than cigarette smoke does. The damage could be even worse than seen in cigarette smokers, but we haven't done studies long enough to quantify the true cancer risk." 10. According to Dr. Loffredo, another concern is that hookah use may represent a loophole around city and state laws banning smoking in public places. 11.While California Labor Code section 6404.5 generally bans indoor smoking at restaurants and bars, it exempts smoking inside retail or wholesale tobacco shops and private smokers' lounges. It is unclear how substantial the sale of tobacco for offsite consumption must be to qualify for this exemption. While the City is currently studying this issue, the Public Health Institute's Technical Assistance Legal Center, funded by the California Department of Health Services, recommends that this exception should only be available to a business that derives seventy-five percent (75%) or more of gross sales receipts from the sale of tobacco products and tobacco paraphernalia. H. If hookah parlors are permitted in the City and left unregulated, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Hookah parlors established in other cities have been associated with increases in noise, loitering, public drinking, possession of illegal weapons, underage drinking, and arson. Ordinance No. NS - XXXX Page 3 of 6 75C-5 2. Unregulated hookah parlors could exacerbate the inherently dangerous behavior of tobacco use around non-tobacco users; diminish the protection of children from exposure to smoking and tobacco while they increase the potential for minors to associate smoking and tobacco with a healthy lifestyle; and weaken the protection of the public from smoking and tobacco-related pollution. 3. Hookah parlors if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of hookah parlors may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting hookah parlors to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. J. In response to the threat of unregulated hookah parlors several cities, including but not limited to the Cities of Anaheim, Garden Grove, and Dublin California, have adopted similar moratoriums or development restrictions. Other cities, such as New York and Calgary, Alberta, and the State of Washington, have simply banned them. K. The Request for Council Action for this ordinance dated February 5, 2007 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. L. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-L of this ordinance. Section 2. Extension of Moratorium Ordinance. A. The City Council hereby extends Ordinance No. NS -2707 and Ordinance No. NS-2709 for the period specified in this Section 2. Ordinance No. NS - XXXX Page 4 of 6 75C-6 B, Pursuant to section 415 of the city's charter, this interim ordinance is introduced, passed and adopted at the same meeting and shall take effect immediately. It shall be effective for a period of one year from the date of its adoption, and thereafter shall be null and void. Section 3. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this ordinance, Ordinance No. NS-2707, or Ordinance No. NS-2709. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code. Section 4. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 5. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-L, inclusive of this ordinance. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Ordinance No. NS - XXXX Page 5 of 6 75C-7 AYES: NOES: ABSTAIN NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS - XXXX Page 6 of 6 75C-8 REQUEST FOR AGENCY/ COUNCIL ACTION MEETING DATE: FEBRUARY 5, 2007 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80, CONDITIONAL USE PERMIT NO. 2006-14, SITE PLAN REVIEW NO. 2006-07 AND IMPLEMENTATION AGREEMENT TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOG TAIL LOCATED AT 320 WEST FOURTH STR T - WEST+ST TEGIES,'APPLICANT CITY MANAGER ~ EXEC TIVE DIR`EL~/_,^OR RECOMMENDED ACTION CITY COUNCIL ACTION 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 1. Approve and adopt the amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. COMMUNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director and the Secretary to execute a First Implementation Agreement. Planning Commission Action On September 25, 2006, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234; adopt an ordinance approving Amendment Application No. 2006-04; adopt a resolution approving Site Plan Review No. 2006-07; and adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned by a vote of 7:0 to allow a zone change from Central Business Artists Village (C3-A) to Specific Development Zone No. 80 and to allow mixed use development with five condominium units and ground floor retail at 320 West Fourth 80A-1 West End Lofts February 5, 2007 Page 2 Street. The item was scheduled for the October 16, 2006 City Council meeting, but was continued at the request of staff. A neighboring property owner expressed concern over potential impacts to adjacent historic buildings due to future construction activities related to this project, as well as concerns regarding possible aesthetic impacts. The applicant agreed to pursue additional professional studies to investigate any potential impacts. No additional impacts were found. These studies were included in the Mitigated Negative Declaration, and this environmental document was re-circulated for public comment. On January 22, 2007, the Planning Commission recommended that the City Council approve and adopt the amended Mitigated Negative Declaration and Mitigation Monitoring Program, and Environmental Review No. 2004-234 by a vote of 5:0 (Gartner absent)(Exhibit A). Background and Project Description The subject property is located at 320 West Fourth Street (Exhibit A-1) in the Central Business Artists Village (C3-A) zoning district, and has a General Plan land use designation of District Center (DC), and is located within the Downtown Historic National Register District. Surrounding land uses include historic commercial buildings to the east (Semi-Tropic Hotel), west (West End Theater), and south (American Legion Hall) (Exhibits A-2 and A-3), as well as the Ronald Reagan Federal Building to the north. An alley runs directly behind the property in an east/west configuration. The proposed project consists of the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors, on a 4,000 square foot lot. Parking will be provided in a garage using a mechanical parking lift. The application includes a request for a zone change to create a Specific Development zone with development standards for the proposed project. In addition, an original Disposition and Development Agreement dated November 15, 1983, allowed for an approximately 12,000 square foot, three level building. Office/retail was proposed on the above ground levels and the basement was to be used for storage. The first implementation agreement would revise the scope of development to allow for the above mixed-use project. 80A-2 West End Lofts February 5, 2007 Page 3 Analysis of the Issues This project, though small in size, presents a number of complex issues due to its location on a small infill lot within a National Register Historic District with limited site access in an area that is completely built out. The following analysis highlights the policy issues that were considered during the review of this project. The project was also the subject of several study sessions, most recently with the Historic Resources Commission on September 7, 2006 and subsequently with the Planning Commission on September 11, 2006. The questions raised at these meetings have been addressed through the final design and recommendation of approval for the project. Tea nr] TTeP The property is currently zoned C3-A. This zoning designation allows commercial uses by right and live/work communities subject to the approval of a conditional use permit. The proposed mixed-use project includes a commercial component on the ground floor and residential units above. The residential units, while they may be used in a live/work manner, are not designed to the standards for live/work communities contained within the C3-A zone. In addition, the property is within the boundaries of the Santa Ana Renaissance Specific Plan study area and, as such, it is anticipated that its zoning will change with the ultimate adoption of the Specific Plan. That being the case, staff believes that the best way to provide a regulatory framework for this project in the interim is to create a Specific Development zone that would address the unique circumstances of the proposed project rather than amending the larger C3-A zone (Exhibit B). Parking and Site Access Parking will be provided at a comparable amount to that of existing multi-family residential code requirements of one space per bedroom. Since the proposed units have open floor plans, it is proposed to impose the following parking requirements: • One parking space for each unit with a size of 1,600 gross square feet or less of residential area per unit. • Two parking spaces for each unit with a size of 1,601 gross square feet up to 3,200 gross square feet of residential area per unit. 80A-3 West End Lofts February 5, 2007 Page 4 • Three parking spaces for each unit with a size of 3,201 and larger gross square feet of residential area per unit. This creates a total requirement of eight parking spaces for the project. The parking for the commercial (ground floor) component of the building, as well as any guest parking, would be served by existing street parking and public parking structures. The applicant proposes to supply these eight parking spaces via a stacking parking lift accessed from the rear alley. It has been determined through a study by Kaku and Associates that alley access is a viable solution for this infill project. The parking lift will have assigned spaces per residential unit, and Covenants, Conditions, and Restrictions (CC&Rs) will be in place to educate prospective owners as to any property constraints (Exhibit C). Architecture and Historic Comgatibilit The proposed building will be designed in a modern architectural style with design details and use of building materials to tie it into the existing fabric of the Historic District, while at the same time providing a strong counterpoint to the historic architecture surrounding it (Exhibit D). The building will feature a shopfront glass facade at the ground level accented with metal canopies over the retail/gallery entry doors. The front facade of the building for the upper residential floors include large roll-up windows clear non-reflective glass. Stone veneer will clad the facade on the bottom three floors in order to tie in to create a feel of permanence and natural materials found in the historic fabric of the block. Through a study performed by an architectural historian, Kaplan Chen Kaplan (Exhibit E), and review by the Historic Resources Commission, it has been determined that the juxtaposition of contemporary style architecture and eclectic historic commercial architecture meets the Secretary of the Interior's Standards as it relates to infill development. Additionally, the Downtown National Register District includes buildings in a variety of heights ranging from single story to six stories. Based on this information and analysis, staff believes that the proposed structure is compatible with the massing and scale of other buildings in the district. 80A-4 West End Lofts February 5, 2007 Page 5 Historic Ghost Billboard The project site is located on a lot that has been vacant since 1978. The site has been occupied by a variety of one and two-story buildings over time, with a fire and subsequent demolition, of a commercial building in 1978. The site was cleared and the existing basement was excavated. During the demolition, a "ghost billboard" was uncovered on the adjacent Semi Tropic Hotel building directly to the east (Exhibit A- 7) This sign is a remnant of billboard advertising painted directly on the building's party wall. while not individually listed on the Santa Ana Register of Historical Properties, it has been determined through a study by a qualified architectural historian that the ghost sign is eligible for listing in the California State Historical Register, thereby rendering it worthy of preservation. Additionally, the Historic Resources Commission had the opportunity to review and comment regarding this project at its September 7, 2006 meeting. The applicant proposes to highlight this ghost sign by creating a courtyard next to the adjacent Semi-Tropic Hotel building. This will be accomplished through a 30-foot setback of the proposed building for a width of approximately 15 feet. This courtyard will be gated, and will highlight the public view of the historic ghost sign through landscaping, a water feature, and an interpretive sign with photos of the sign in its entirety. Additionally, the sign will be fully documented through the completion of a Historic American Building Survey (HABS). This survey includes large format pictorial documentation, as well as historical documentation and drawings. Summary and Conclusion Based upon the analysis detailed above, it is recommended that the City Council approve Amendment Application No. 2006-04, approve and adopt the amended Mitigated Negative Declaration for Environmental Review No. 2004- 234, Site Plan Review No. 2006-07 and Conditional Use Permit No. 2006-14. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration Environmental Review No. 2004-234 has been prepared for this project (Exhibit A-4). 80A-5 West End Lofts February 5, 2007 Page 6 FISCAL IMPACT There is no fiscal impact associated with this action. l` ~ '~_ J M. Trevino Executive Director Planning and Building Agency ~~ ~ ~'~~ Nancy T. dwards Assistant Director Community Development Agency HS:rb hs\West_End_LOfts\AA06-04 SPR06-07 CUP06-14.cc-agency 80A-6 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 22, 2007 TITLE: PUBLIC HEARING - AMENDED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET (AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07) Prepared by Hally Soboleske ,~2--~~ Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~ Planning Ma ger Recommend that the City Council approve and adopt the amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. Background and Project Description The subject property is located at 320 West Fourth Street (Exhibit 1) in the Central Business Artists Village (C3-A) zoning district, and has a General Plan land use designation of District Center (DC), and is located within the Downtown Historic National Register District. Surrounding land uses include historic commercial buildings to the east, including the Semi-Tropic Hotel. The West End Theater is adjacent to the west, the American Legion Hall is immediately south (Exhibits 2 and 3), as well as the Ronald Reagan Federal Building and United States Courthouse to the north. This project was reviewed by the Planning Commission and recommended to the City Council for approval on September 25, 2006. On October 16, 2006, this item was brought to City Council but was continued at the request of staff to December 18, 2006, and then continued to February 5, 2007. In the interim, the applicant and staff met with property owners of adjacent structures who expressed concern regarding the safety of their historic buildings during construction, as well as potential noise and vibration caused by the proposed parking lift. EXHIBIT A 80A-7 Environmental Review No. 2004-234 January 22, 2007 Page 2 To address these concerns, additional studies were completed by consultants, and the Mitigated Negative Declaration was amended and supplemented with these additional resources (Exhibit 4). The additional studies include: • "Aesthetic Impact Evaluation", Kaplan Chen Kaplan, December 26, 2006 (Exhibit 5) • "Klaus Parking Systems Sound Meter Measurements", December 8, 2006 (Exhibit 6) • "Project Construction Vibration Recommendations", Snyder-Langston letter, December 12, 2006 (Exhibit 7) • "Geotechnical Recommendations for Settlement Monitoring of Adjacent Buildings", Albus-Keefe & Associates, December 20, 2006 (Exhibit 8) The additional analysis of the studies noted above include the evaluation of the architecture on the area aesthetics, the impacts of the Klaus parking system, and any potential impact to adjacent buildings from construction activities. No new impacts were identified. The project description has not changed; however, the re-circulation of the Mitigated Negative Declaration necessitates this item to be brought back to the Planning Commission to make a recommendation to the City Council. Summary and Conclusion Based upon the analysis detailed above, it is recommended that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan for Environmental Review No. 2004-234. CEQA Compliance In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration Environmental Review No. 2004-234 has been prepared for this project. f~' Ha ly S oleske Associate Planner HS:jm hs\West_End_LOfts\AA06-04 SPR06-07 CUP06-14.012207.pC R 80A-8 fl2 ~I ~ ~ p ~ p3. no A ~ SP 3 ax '° • ~ q° m ~~ R1 H7eSll R7 Rt R1 poll xn 11 D xon S3 I SP~3 "SP-3 ~ z~ ~ M2 I •.. S ~ t c q20 R2 R2 u v P R2 s3 SP-3 ~ ~-xo Y 1 ''-\ ra v (T~ ~ P7 g R7 R1 x1 nz R2 P R2 sv-s SP-3 F!* Mq" SP-3 SP-3 ~ n~ R7 - P P ^ O ~ M, R1 P 112 R2 I SP-3 sP "":o SP-3 •• O R7 aP1 Rt P1 a1 a 3P ~ P SP3 a s y P P SP-3 SP-3 SP-3 ~ M• P 5P.3 I sr 0 SD-20 ~Ix zu ~•: so zo SB-20 P ~ t f ~~ ^ ~ ~m - --- - NI ENTE DR. F,ss I ~~ ' P+°' P1 p1 GC a ~ ws~ ry rP'z rP"~ R1 ~ 9 GC GC , ~ GC GC C3 a x ~-L gain P. y„~ $~ a~ ~ ~ ~ xon c~~mu~~n C3- C2+eu" P2 fl2 x2 p1 ~p+^• t. R7 0 ^ . °~~nx'..x.~s ~ou :on :mi ~ou iou SR.30 -emu 2 q N2«~~on • Cz xox 5 „.ua `~ `PROJECITI~~ ° fl1 ^ • n ^ ~ Co C3\ C3 G3 G3 C2 C2 C2 P I -roll xon xon xml xou GG ~ ^ ° a SITE L__l D ~ a ~n ~~ q C3-A C3-A C3-xmi 0 R2 9 ~.`--~~o s~ ~ OE P ; C3-A b x~~ - C3-xon ~ SD-3] ~2 M2 P so ss 50-55 s~"^ C3x A °~ - 1 ~ . cz R2 M2 P a D 0 ao-r 1 C3-A G3-A Fes, roo I 50SC 13 S0-2SD-2 1 \ @ C3-A C3-A - mi P P sods ~-~I SD-1 C3-A C3-A ~o5n SR2 R2 s N n - cs.xan TST - r 1ST ST s _ °' C2-xon C2-xon C4-xox C1 C2 G2- C2- G2 C2- R2 ~RX a R2 ~g~ ~~~Dg 7P ~ wu ~>~~o~ R2 R2 R2 R1 ~=0 C1 wn D I g- i C2 C2 R3 R3 R3 R3 R3 fl2 `~ R2 °.xmm, ^a ~~ ~ sM SM e~ R3 R3 9O R3 R3 P3 R3 Rl R2 R3 ~ OO ~~ ~ SM SM As q3 R3 P3 R3 R3 P3 ~ R3 Rl MYSrxmx'v fl2 R3 ~ I '~ was R3 R3 R3 o R3 R3 R3 R2 - ~~ ~ ~~ ~~c~.v. M sM xx ~a - R1 Po R1 Po R3 c- R2 Rz R1 R1 Rt x. 1 R1 R3 • ~~~~~ sM I rM Rs Rz R1 R1 R1 R1 c 1 J R1 ~ R3 d ~ ILJ ~ ~~ ~I IInnIIIIII'? ' ~ D~ ~ sM c ~ `RZ R2 Ri R1 ~ R1 R1 R1 R1 -~ ~ ~~ ~~ ~~ ~nrnn nn ~~ ~"}'~i sM a R7 R1 Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILV RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE GSM COMMERCIAL SOUTH MAIN Mi LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C7-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILRARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST'VILLAGE PCD PLANNED COMMUNfFY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL AA-2006-4-SD/CUP-2006-14/ - SPR-2006-07/ER-2004-234 ~ -- WEST END LOFTS - -=eooFEET 1"=1000 FEET 320 WEST FOURTH STREET 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 VIaCIIN~~~AP i G 0 V M E N T COMMERCIAL C O M E C I A L G O V R M E N T FOURTH STREET Q r W C O M A E C I A L W ` / ' ~ ~. ~~L iiL.. ~ O LL`r '^ Q Q ~ 2 U O ~ ~ m w ¢ ~ ~ C O M M E R C I A L O V THIRD SREET O P E N S P A C E C O M M E R C I A L M U L T I - F A M I L Y AA-2006-4-SD/CUP-2006-14/ i _, =~ SPR-2006-07/ER-2004-234 ~~ ~' --_- j WEST END LOFTS ~ 320 WEST FOURTH STREET 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 Q N .; ~~ <,~ w , dW F AfN,ij ¢ C'O M M E R C I A L g ' s`~a , x O , C O M M E R C I A L C O M M E R I A L LAND USE MAP ~V~Bi~ AA 06-4-sD/CUP 06-14/ sP E~~~~~ Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: SD-80 11. Project Numbers: AA-2006-4 SP and ER 2004-234 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Hallv Soboleske (714) 647-5842 V. Project Location: South side of West Fourth Street. east of Birch Street west of Broadway VI. Project Sponsor's Name and Address: David DiRienzo, Urban+West+Strategies, Inc. 421 North Main Street, Santa Ana, CA 92701 VII. General Plan Designation: District Center (DC) VIII. Zoning: C3-A Downtown Commercial -Artists Village IX. Description of Project: The project is the creation of a specific plan to facilitate the infill development of the downtown project area to improve the pedestrian streetscape, reduce blight, and encourage an urban lifestyle, thereby promoting the use of transit. The intensity of development is in keeping with that allowed per the General Plan designation of District Center that allows ninety dwelling units per acre; however, the subject site will be developed at a six-story height (with one story being below grade). The proposed project consists of the construction of a new 16,000 square foot mixed use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential/commercial units occupying the remaining upper floors. X. Surrounding Land Uses and Setting: The project is located in the central urban core of Santa Ana, and is comprised of a 4,000 square foot lot in the Downtown National Register District. The surrounding land uses include the Ronald Regan Federal Courthouse just north and across the street from the subject site. Additionally, there are retail and office land uses to the south, east, and west. A public alley runs perpendicular and directly behind/south of the site. XI. Other agencies whose approval is required. There are no outside agencies that require approval. LLVd:\West_End_LOBS\West_Entl_Checklistrlv_2.doc BIT Page t of 2 481 ~ Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning Environmental Determination On the basis of this initial evaluation, I find that: O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance 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 29. 2006 Signature Date Hally Soboleske. Associate Planner Printed Name LL\M:\West_End_Lofts\W est_End_ChecklistrN_2.tloc Page 2 of 2 80~~a13 Environmental Checklist -- Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 aproject-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. "Less Than Significant with 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. Issues & Supporting Information Sources 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? CEQA Compliance ^ ^ ^ ^ e of 21~ 0 481111 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Less Than Significant Potentially With 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 ^ ^ ^ 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 significant 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 ^ ^ ® ^ 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 ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^ concentrations? gage 2 of 215 048 Environmental Checklist CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ® ^ number of people? IV. Biological Resources -Would the project 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 W ildlife 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 ^ ^ ^ (including, but not limited to, marsh, vernal pool, 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 ^ ^ ^ paleontological resource or site? 8P~~,4~'6 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. 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 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? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion 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? Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~~~kaa~ 7 Environmental Checklist CEQA Compliance Less than Significant Potentially with 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 plan ^ ^ ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a satety 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 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)? 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 surtace runoff in a manner which would result in flooding on or off- site? S~l~~la>~ 8 Environmental Checklist CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Create or contribute runoff water which would ^ ^ ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. 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? F. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? 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? IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, 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? X. Mineral Resources -Would the project: 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? ~t~~°4~ 9 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No 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? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ~a~~ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources XIII. Public Services Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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: 1. Fire protection? 2. Police protection? 3. Schools? 4. Parks? 5. 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)? ^ ^ ® ^ Page /8~ of 21 8Q6af"a~ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources 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 insubstantial 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)? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ® ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ 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 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? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ $ Q9T~a~ Environmental Checklist CEQA Compliance otentia y 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 ^ ^ ^ regulations related to solid waste? 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 ^ ^ ^ will cause substantial adverse effects on human beings, either directly or indirectly? 8~Af-~3 Responses to Environmental Checklist For CEQA Compliance Aesthetics A. The Scenic Corridors Element of the Santa Ana General Plan identifies certain corridors that serve as major views and vantage points to the City of Santa Ana. These corridors consist of existing scenic vistas or views open to the public. The proposed project is not within a scenic corridor and will not obstruct any scenic vista in the City. Impacts would be less than significant. B. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The project area is not visible from these highways, and the proposed project will not damage or destroy any scenic resources that are located within the vicinity of these highways. Impacts would be less than significant. C. Implementation of the proposed project would alter the visual quality of the site. However, impacts are anticipated to be beneficial, not adverse. The intent of the project is to improve the aesthetics in the planning area. The architectural style will be designed to complement the Downtown National Register District. The project includes development standards. D. Major sources of light and glare in the planning area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting that will be discernable over existing conditions. Impacts would be less than significant. II. Agricultural Resources A. Section 66474.4 of the Subdivision Map Act identifies certain categories of agricultural resources that are significant and, therefore, require special consideration. According to the Santa Ana General Plan, the City of Santa Ana does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project will not adversely affect these categories of farmland. B. The Williamson Contract applies to parcels consisting of at least 20 acres of Prime Farmland or at least 40 acres of land not designated as Prime Farmland. Santa Ana does not contain any parcels of Prime Farmland, nor does it contain any parcel consisting of more than 40 acres of farmland. Therefore, the Williamson Contract is not applicable to the City of Santa Ana. C. The proposed project will not disrupt or damage the operation and/or productivity of any farmland in the City of Santa Ana. No impacts would occur. III. Air Quality A. The project will not introduce substantial new growth in population to the downtown area. The project includes five residential units, which would generate a negligible population growth consistent with population projections used to develop the Air Quality Management Plan. Impacts are less than significant. 8Q~f-~4 Responses to Environmental Checklist For CEQA Compliance wring t e emo ition construction associate wit t e propose protect, s ort-term construction-related activities will impact air quality in the local area. Long-term, new development and vehicle trips will not result in substantial or significant emissions due to the relatively small scale of this infill development. C. The proposed project will not result in an increase of criteria pollutants in the City of Santa Ana since the thresholds of the region due to the commercial nature of the downtown commercial area account for the contribution of pollutants to the region. This relatively small infill development will not contribute significantly to the region's overall pollutant level. The impact will be less than significant. D. Sensitive receptors include land uses such as homes, schools, day care centers, and hospitals. This project will not expose sensitive receptors to pollutants. Impacts will be less than significant. E. Construction and implementation of the proposed project could ultimately involve materials/uses, such as drycleaners and salons, in the retail space on the first floor that may create objectionable odors. Impacts will be less than significant. IV. Biological Resources A. According to the Natural Diversity Database operated by the California Department of Fish and Game, sensitive species in Santa Ana are limited to a possible occurrence of the San Diego Horned Lizard. The site of the proposed project is not known to be a habitat for the species named above. No impacts would occur. B. Santa Ana is a built-up, urban community. As a result, readily apparent resources, such as natural habitat and wildlife, are limited. The proposed project does not interfere with the sustenance of any riparian habitat or natural community in the City of Santa Ana. No impacts would occur. C. The project site is located in an urbanized area. Due to the presence of this developed environment, and lack of natural water bodies in the area, no wetland habitat exists on the site. No impacts would occur. D. The official City tree is the Jacaranda. The proposed project will not damage or destroy existing Jacarandas in the area as it is developed. No impact would occur. V. Cultural Resources A. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subject site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level, and 8Q~5 Responses to Environmental Checklist For CE(~A Compliance wi e urt er ana yze wit t e e p o specia stu ies y a qua i ie arc itectura historian. B. The project area is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant archaeological resources exist on-site. The construction phase of this project will be monitored so as to identify an archeological resources unearthed during the implementation portion of this project. C. The project site is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant paleontological resources exist on-site. Implementation of the proposed project is not anticipated to disturb any known paleontological resources, and less than significant impacts on such resources are expected. D. The project site is not known to contain human remains interred inside or outside formal cemeteries. Discovery of human remains is governed by State Law, which requires stop of work and reporting to authorities. No impact would occur. VI. Geology and Soils A-1 According to the most recent Alquist-Priolo Zoning Map, no known fault traces are located in the City of Santa Ana. No impact would occur. A-2 Seismic hazard from ground shaking is typical for large areas of Southern California. However, the implementation of seismic design provisions for structural safety will help to minimize threats to human safety in the event of an earthquake. All structures will be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote maximum safety in the event of an earthquake. No impact would occur. A-3 According to Exhibit 3-8 of the Santa Ana General Plan Draft Environmental Impact Report, the project site is located in an area of very low/low liquefaction hazard. No impact would occur. A-4 The project area is generally flat and implementation of the proposed project will, therefore, not require slope cuts that could result in landslides. No unstable hills or cliffs are located in the project vicinity. No impact would occur. B. Localized erosion of on-site soils may occur as a result of the proposed project. Individual projects that meet certain criteria are required to comply with the Orange County Stormwater Program and Stormwater Permit, and implement best management practices for each site, including post-construction. Given the relatively level slope and urban nature of the planning area, along with existing regulations, the potential for significant erosion such that a geologic hazard would be created is considered low. No impact would occur. C. The project site has been disturbed in the past and does not contain any unique geological or physical feature. No impact is anticipated. D. The proposed project is not located on sensitive or unstable soil. No impacts are anticipated. 8q~~26 Responses to Environmental Checklist For CEQA Compliance E. Sewer access is available in the project area. No impacts would occur. VII. Hazards and Hazardous Materials A. Implementation of the proposed project is not associated with the use, storage, or disposal of hazardous substances. No impact would occur. B. The proposed project is less than one-half mile of an existing school. Due to the small number of units, and low additional traffic count. No impact would occur. C. The proposed project area does not include sites located on a Hazardous Material Site List. There are no impacts. D, There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. The proposal does not include structures which exceed 200 feet in height, and is not within the John Wayne Airport Planning Area. No impact would occur. VIII. Hydrology and Water Quality A. Runoff from the project area will not result in ongoing or new violations of water quality or waste discharge standards imposed by the various agencies (RWOCB, Orange County Water District, etc.). This is a relatively small infill development project, and does not include an unanticipated amount of discharge into drainage. No significant impact would occur. B. The proposed project, in conjunction with other past, present, and reasonable foreseeable future projects, will contribute to the utilization of public water. The level of development anticipated under the proposal is such that it does not necessitate the preparation of an assessment to ensure water supplies are not adversely affected. Impacts are insignificant due to the relatively small scale of this project as an infill development project.. C. The proposed project is within a developed and urbanized area. The project will not result in a significant change in surface drainage patterns or absorption, as the site is currently impervious, and will continue to be post-construction. The site is less than one acre, and would not require preparation of a Water Quality Management Plan. No significant impact would occur.. D. Surface waters in the region could be degraded by runoff from the proposed project; however, do the relatively small scale of the project (less than one acre). In impact would occur. E. The proposed project includes new housing development. According to Exhibit 3-11 of the Santa Ana General Plan Draft Environmental Impact Report, the proposed project is not located within a 100-Year Flood Zone. No impacts would occur. F. The project does not consist of a structure that would impede or redirect flood flows. No impacts would occur. $Q~~7 Responses to Environmental Checklist For CEQA Compliance G. The proposed project will be designed in compliance with applicable flood control ordinances and will not expose persons or property to water-related hazards. No impacts would occur. IX. Land Use and Planning A. The proposed project area does not include existing residential neighborhoods. The project will not divide existing neighborhoods. No impact would occur. B. The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. Therefore, no impacts would occur. X. Mineral Resources A. Pursuant to Section 3.8 of the Santa Ana General Plan Draft Environmental Impact Report, there are no areas in the City of Santa Ana designated as Significant Mineral Aggregate Resource Areas (SMARA). No mineral resources are known to exist in the project area; therefore, no impacts would occur. XI. Noise A. The proposed project will not expose the public to noise levels in excess of the standards set forth in the City of Santa Ana General Plan. However, during the construction phase of the proposed project, there will be an increase in existing noise levels. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development. Impacts are less than significant. B. Construction grading could generate vibrations; however, impacts are less than significant since this is a temporary condition and a singular occurrence due to development. C. Due to the relatively small scope of the project, the implementation of the project will not generally increase ambient noise levels in the area, and impacts will be less than significant. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development $a~~~$ Responses to Environmental Checklist For CEQA Compliance e erto E. There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. Impacts will be less than significant. XII. Population and Housing A. The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. The project will not displace existing housing as the subject site is currently vacant. There will be no impacts. C. The project would not displace existing population as no housing currently exist onsite. The project will result in an overall increase in housing in the planning area. No impact would occur. XIII. Public Services A.1 Implementation of the proposed project may result in an increased demand for fire protection and emergency medical services in the local area, but at a small scale. Impacts are less than significant. A.2 The proposed project may result in an increased demand for police services, but at a small scale. Impacts are less than significant. A.3 The proposed project may generate additional students, but at a small scale. Impacts are less than significant. A.4 The project will increase demand for recreational facilities, but at a small scale. Impacts are less than significant. A.5 The project may impact other governmental facilities, but at a small scale. Impacts are less than significant. XIV. Recreation A. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the project does not affect long term City goals for recreational land uses. Additionally, a roof deck is proposed that will 8QAf-~9 Responses to Environmental Checklist For CEC~A Compliance a ow or a itiona recreationa space or rest ents. mpacts wi a ess t an significant. B. The proposed project entails the construction passive recreational facilities that will not adversely impact the environment. The impacts of these facilities are included in the analysis for the respective issues. Impacts will be less than significant. XV. Transportation/Traffic A. The implementation of the proposed project would increase vehicle trips in the project area. However, due to the small scale of the proposed project, impacts will be less than significant. B. The Circulation Element of the City of Santa Ana declares a minimum acceptable Level of Service - D (LOS - D) for major intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. Due to the small scale of this project, the implementation will not result in a less than significant impact. _ -- ----~ C. The project is not within the John Wayne Airport's Planning Area, and the proposed project does not include any heliports/helipads. Therefore air traffic will not be affected. No impact is anticipated. D. The proposed project will incorporate all applicable civil engineering standards to ensure that its implementation will not result in hazardous design features for vehicular traffic. A traffic study regarding the maneuverability of the public alley access was completed, and the results indicate a less than significant impact. A mitigation measure to have a mirror will be installed that will help the drivers leaving the proposed parking lift see oncoming alley traffic. E. Construction of the proposed project is not anticipated to result in inadequate emergency access to the site. Impacts are less than significant. F. The project includes underground parking with a parking lift to allow for eight parking spaces -one per bedroom of the proposed housing project thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional parking capacity. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. G. The project will not negatively impact alternative transportation. There is no impact. XVI. Utilities and Service Systems A. The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD as it is a small infill development. No adverse impacts are anticipated, and no mitigation measures are required. B. The project will not cause a significant increase on existing water supply and wastewater facilities due to the relatively small scale of this infill development project. sa~~~o Responses to Environmental Checklist For CEQA Compliance ere wi a no signs scant impact as previous ana ysis or water supp y as inc u e the build-out of this project area. C. The Santa Ana Public Works Agency has reviewed the proposed project and has not identified a need for new or altered systems to meet the increased demand for water drainage facilities resulting from this project. No impact will occur. D. The proposed project will not require modifications to the existing water system. No impact would occur. E. Refer to XVI.B. F. The project will generate additional solid waste. A preliminary review of landfills currently serving the project area shows significant remaining capacity. www.ciwmb.ca.gov. Santa Ana disposed of a total of 379,259 tons in the year 2000, at a rate of 2 pounds/resident/day and 10.9 pounds/employee/day. A study of the area landfills and their remaining capacity is presented in the following table. Landfill Closure Year Remaining Capacity million cubic ards Santa Ana Contribution tons 2000 Arvin 2008 2.2 23.0 Bradley West and West Ex ansion 2007 4.7 4.0 Colton 2006 0.6 3.0 Frank R. Bowerman 2022 63 290,175 Olinda AI ha 2013 38 74,965 Prima Deshecha 2067 87.4 2,158 Puente Hills #6 2013 62.3 2.0 Simi Valley Landfill and Rec clin Center 2034 9.5 33.0 Remaining Capacity in S stem 267.7 There is sufficient current capacity to accommodate waste generated in the project area. Impacts will be less than significant due to the relatively small scale of this project. G. The solid waste disposal needs of the proposed project will be served by Great Western Reclamation. Great Western Reclamation complies with all federal, state, and local statutes and regulations related to solid waste. The City's current diversion rate is 59 percent, more than the 50 percent required by state law. No significant impact is anticipated, and no mitigation measures are required. XVII. Mandatory Findings of Significance A. The project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be 80~,~1 Responses to Environmental Checklist For CEQA Compliance i erentiate rom o e arc itecture an potentia impact wi e urt er ana yze with the help of a qualified architectural historian. B. It is anticipated that air quality and traffic are less than significant due the small scale of this project. C. Implementation of the proposed project is expected to have no environmental impacts that are not expected to cause substantial adverse effects on human beings, either directly or indirectly. There will be no significant impact. XVIII. References City of Santa Ana General Plan: General Plan, Adopted September 1982 Draft Environmental Impact Report for the Proposed Santa Ana General Plan Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: BlodgetUCunningham and Associates, August 1, 1997. Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: BlodgetUCunningham and Associates, August, 1997. Secretary of the Interior's Standards. National Parks Service 8Q,~-~32 REQUEST The proposed project is to create a Specific Development Zone 80 and development standards for a site located in the Central Business Artists Village (C3-A) zoning district with a current General Plan use designation of District Center (DC). PROJECT DESCRIPTION The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC). The proposed project consists of the construction of a new six-story, 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential and/or commercial units occupying the remaining upper floors, on a 4,000 square foot lot. Parking will be provided in a garage using a parking lift. The project will require a zone change to create a Specific Development zone with development standards for the zone. The Community Development Agency is the responsible agency for the Disposition and Development Agreement on file for this site, and this Agency will appropriately amend this agreement. A Tentative Tract Map will be filed and considered at a later date. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish a Specific District. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse B. Damage scenic resources, trees, rock outpourings State highway? Less than significant. effect on a scenic vista? including but not limited to and historic buildings within a 8~~~3 Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in adverse impacts to any scenic vista, or scenic resource. The project area is not located within a Scenic Corridor as identified in the Santa Ana General Plan. Additionally, the subject site is not located near a State Highway. C. Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not degrade the visual character of the City, in that the proposed project would establish development standards to minimize potential visual impacts associated with the project such as using non-reflective glass and traditional building materials on the exterior, as well as the protection of the historic ghost sign. Additionally, the architectural style will be designed to complement the Downtown National Register District. It will not create a "faux historic" appearance. The architectural style will be differentiated, but compatible in terms of exterior materials, features, size, scale and proportion to the historic district as a whole in order to protect the integrity of the environment thereby meeting the Secretary of the Interior's Standard Number Nine. Standard Number Nine states: "New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment." The proposed new structure will be designed to provide a beneficial visual quality to the Downtown area. The essence of this Downtown National Register District is one of eclectic architecture over various periods of development, ranging from the turn of the eighteenth century to present. This project is in keeping with the eclectic and unique nature of the character defining features of the district. Further, the project will include a courtyard area that will possess multiple amenities such as seating, landscape, public art, and a water feature. These amenities will add, rather than detract from, the visual character and aesthetics of the 8Q~~~4 downtown. The proposed project meets the intent of the Citywide Design Guidelines through massing, scale, and proportion that is in keeping with that of the Downtown National Register District setting in its entirety.. Several other buildings in this district range from two to six stories in height, and this proposed structure continues this model. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant Major sources of light and glare in the project area will stem from existing street lighting. The proposed project will not introduce substantial new lighting that will be discernable over existing conditions. Parking and residential areas will have interior lighting, and the parking entrance lighting will be activated by the garage door opening. Glass on the exterior of the proposed structure will be non-reflective. Up-lighting will be utilized to highlight the historic ghost sign during evening hours, but will not be on past 10:00 p.m. 22. AGRICULTURE A. Convert Prima 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? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in impacts to agriculture resources, in that the subject area does not contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? 8435 Less than significant The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. 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 local general plans. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not have any effect on the growth projections in the City's General Plan Land Use Element. The estimated growth project is approximately 24 additional persons, or a maximum of 16,000 sf of commercial land uses, and is not considered substantial growth. Therefore, approval of the proposed ordinance amendment would not be in conflict with the South Coast AQMP. Additionally, this project is not within 1/ mile of a school facility, and is therefore in compliance with Section 21151.4 of the Public Resources Code requirements. 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 of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? D. Expose Sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent project adhering to this zoning document would not result in any short-term construction related or long-term operational air quality impacts or odor impacts. The approval of the proposed ordinance would not involve any activities that $Q~taa36 would emit long-term or short-term air quality emissions or odor pollutants. This project shall meet all requirements stated in Air Quality Management Rule 404 and the criteria stated in AQMD Rule Table 404(a) as amended February 7, 1986. III. 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 According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within the City. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent project adhering to this zoning document would not result in any adverse impacts to any sensitive biological resources. The project site is in an urbanized area, and the project will not be disturbing any wetland site or existing City tree (Jacaranda). IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less than significant with mitigation incorporated. According to the Historic Resources Exhibit in the Santa Ana General Plan Updated Land Use Element, the building $Q~48' immediately east of the subject site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to completely obscure the historic ghost sign on the adjacent building's party wall. That portion which will be obscured may be impacted negatively over time due to it being obscured; however it has been determined by a special study ("Courthouse Lofts Project - Historic Resource Impacts") that current ambient conditions may have a greater impact over time than if a structure is built on the subject site. The consultant believes that if left open to the elements, sunlight and inclement weather will cause the historic sign to deteriorate at a greater pace that if it were sheltered. That portion of the ghost sign that will not be obscured will be highlighted for public view through landscaping, a water feature, up-lighting, and an interpretative sign that will offer photos and description of the historic sign as indicated in the Mitigation Monitoring Plan. The un-obscured portion of the historic ghost sign is that area closest to the public right-of-way so as to allow more persons the ability to see the resource. Additionally, this portion of the sign is the most intact and visually interesting. The entire historic sign will be fully documented through a HABS survey as indicated in the Mitigation Monitoring Plan. Additionally, the proposed building will be compatible with the Downtown National Register District in terms of massing and scale ("Aesthetic Impact Evaluation"), and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. While the Secretary of the Interior's Standard Number Nine does not specifically apply, since this is new infill construction and not new construction or addition to an existing historic building, this standard is used as a baseline for potential adverse impacts. Impacts will be mitigated to a less than significant level through the measures noted above, and has been further analyzed with the help of a qualified architectural historian and consultant ("Courthouse Loft Project-Historic Resource Impacts" and "Aesthetic Impact Evaluation"). $ 27 oT 4~ Another baseline standard used in the design of this proposed development is the Secretary of the Interior's Standard Number Ten: °New additions and adjacent or related new construction will be undertaken in sucha manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired." The historic ghost sign has been protected in a way that it will not be adversely affected by this project. Further, the new structure will not negatively impact adjacent structures as part of construction through the implementation of the recommendations from special studies ("Geotechnical Recommendations for Settlement Monitoring" and "Project Construction Vibration Recommendations") including performing exploratory .work on adjacent building support systems and ongoing testing for soil settlement. The City of Santa Ana is a Certified Local Government for Historic Preservation as approved by the California State Office for Historic Preservation. 'The City received this recognition in 2002 by meeting all the requirements deemed necessary by the State including having an established local preservation ordinance, as well as a local board or commission comprised. of those members of the community which meet strict qualification standards. This proposed project was brought to the City of Santa Ana Historic Resources Commission for review and comment as experts of local preservation. The commission was unanimously in favor of the project in general, albeit with concerns regarding the project's scale and the Commission's overall desire to minimize visual impacts of the proposed six story building. To address these concerns, a consultant report was completed ("Aesthetic Impact Evaluation") addressing the scale and visual impacts of the proposal. This report determined that the scale is in harmony with the National Register District as a whole as there are several other four to six story buildings within the district boundaries- This proposal follows this pattern of development. 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. No Impact 8Q~-~39 According to the City's General Plan Land Use Element EIR, the City of Santa Ana is unlikely that any significant paleontological, archeological or human remains at located the project site. Additionally, the site is located within an urbanized area that has been disturbed by previous and existing development. The project will be monitored during the construction phase to ensure that no cultural resources are affected: In the unlikely event that any human remains are found at the site, a qualified paleontologist and/or archeologist will be required to survey the area prior to the continuance of construction. V. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as most recent Alquist-Priolo Earthquake issued by the State geologist for the other substantial evidence of a known fau A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including A-4. Landslides No Impact delineated on the Fault Zoning Map area or based on Lt? liquefaction? According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the Southern Californian region. Additionally, according to the City of Santa Ana General Plan Seismic Element (1982), the potential for liquefaction hazards within the City ranges from very low to very high. Areas with high liquefaction potential are those having ground water less than twenty feet in depth. According to the Seismic Element, the proposed construction site is not within an area with liquefaction or significant seismic activity potential. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not increase the potential for seismic impacts, an/or liquefaction impacts, in that the approval of proposed ordinance amendment would not involve the development of any structures 8~ra~0 that would be subject to seismic shaking impacts or liquefaction hazards. To ensure safe construction and monitoring methods, two studies were performed by qualified consultants ("Geotechnical Recommendations for Settlement Monitoring" and "Project Construction Vibration Recommendations"). Per the recommendations made by these reports, exploratory work will be performed to discover the depth and location of adjacent buildings' footings, and any necessary temporary support of these foundations will be completed as needed. Additionally, all soil settlement will be monitored to ensure no damage to adjacent historic buildings. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendment to the Municipal Code to 'establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in or increase the potential for soil erosion or sedimentation impacts. Short-term erosion potential would be subject to the City's erosion control requirements, and would therefore not cause an impact. 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 EIR there are no known geological hazards or unique geologic features in the City. Therefore, approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the loss of any unique geologic features. 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? 80.~r~1 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? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not involve the construction of any structures that would be subject to geotechnical constraints. Further studies by qualified consultants have offered recommendations to monitor soil settlement during and after construction to ensure the continued safety and integrity of the adjacent historic buildings. V2. HAZARDS/HAZARDOUS MATERIALS 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 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 Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve -any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. This proposed project will comply with the Phase I Environmental Audit completed in 2004. Any retail use that operates from this site in the future would be subject. to local, state and federal regulations regarding the handling of hazardous materials. 8Q~442 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? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendment to the Municipal Code would not increase the potential for safety hazards for people residing in or working within the-City. VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? 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? R. -Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are 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. $~4~3 The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. This project would be subject to the City's storm water protection requirements. 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 The City of Santa Ana receives 660 of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in -that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the 8Q~,,~4 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. No Impact The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not significantly alter existing drainage patterns or increase existing rates of surface water runoff due to the project's relatively small scale such as that determined by California Environmental Quality Act Section 15303. The applicant shall also pay the required National Pollutant Discharge Elimination System (NPDES) fee as a mitigation measure, as well as Fish and Water Conservation Plan (FWCP) fees as applicable. 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 within a 100-year floodplain structures which would impede or redirect flood flows? H. 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? 803A, 445 No Impact The City's General Plan identifies that portions of Santa Ana are within the 100-year flood Zone. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document shall not cause development to occur within areas subject to 100-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of eros ion are intensified with an increase in slope, the narrowing o f runoff channels and by the removal of groundcover, which le aves the soil exposed. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not facilitate erosion impacts. Construction shall be evaluated for potential soil erosion impacts and shall be subject to the City's erosion control requirements. 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? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed amendment to the Municipal Code to establish a zoning 80~, a~s ordinance for a Specific District and any subsequent construction according to this zoning document would not result in any activities that would discharge pollutants into sensitive downstream marine resources. All new construction would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. V222. LAND USE/PLANNING A. Physically divide an established community? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not physically divide any established community. No residential community exists within this immediate or adjacent areas, and therefore, no impact would occur. 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? Less than significant with mitigation measures incorporated The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. Conflict with any applicable habitat conservation plan or natural community plan? 8Q~AnAr~7 No Impact According to the City's General Plan Land .Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance amendment and subsequent project would not be in conflict with any habitat conservation or natural community conservation plan. IX. 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 The City's General Plan Land Use Element EIR identifies that .there are no areas in Santa Ana that contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance amendment and subsequent project would not result in adverse impacts to any significant mineral resource. X. NOISE 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. B. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. 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? Less than significant impact The proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project 8~{~H location, as well as subsequent implementation would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would emit long term operation noise impacts. The project's implementation will cause short term construction related noise impacts. This is a temporary and single-occurrence due to .development, and will be mitigated through the requirement to meet the City's Noise ordinance and standards. The proposed Klaus Parking system for the residential component of this plan will not have any significant impact on ambient noise or vibration per the study submitted ("Klaus Parking Systems Sound Meter Measurements". According to the Orange County Airport Environs Land Use Plan (ALUP) portions of Santa Ana are impacted by aircraft noise. Approval of a new zoning district within the City does not require Airport Land Use Commission (ALUC) approval of development within areas identified as Noise Impact Areas by the ALUP and is not within a Planning Area established by the ALUC. X2. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. Less than significant The project includes the development of housing and would result in an increased population in the planning area. According to the 2006 United States Census, the City's average household size was 4.7 persons per household. Therefore, this project has the potential for 24 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. 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? 80,~,~9 No Impact The proposed amendment to the Municipal Code to establish a Specific District for a mixed use project would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval does not displace homes and/or population. XII. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities Less than significant impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation, would not significantly increase the demand for additional public services over current levels of service being provided in the City. The project site is located in an urbanized area, and this relatively small scale infill development will not significantly impact the need for public services. XIII. 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? Less than significant impact. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale in a previously developed lot, the project does not affect long term City goals for recreational land uses. Impacts will be less than significant to the extent that the development for residential land uses increases park needs. As a mitigation measure, the applicant will be charged Parks In-Lieu fees. 8. Does the project include recreational facilities or require the construction or expansion of recreational facilities, $ `3g df a~o which might have an adverse physical effect on the environment. No Impact A roof deck is proposed that will allow for additional recreational space for residents. No adverse impacts would occur as a result of these new recreation facilities. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? 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 impacts It is projected that implementation of this proposed project would result in an increase of 80 daily trips with a four A.M. peak hour trips and seven P.M. peak hour trips. This is not considered a substantial increase to existing traffic load and capacity of the street system. The Circulation Element of the City of Santa Ana states that minimum acceptable Level of Service to be a "E" for major intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. This project would have a less than significant impact to Level of Service. 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 The project area is not within the John Wayne Airport's Planning Area, and does not include any proposed helipads/heliports. No impact will result. D. Substantially increase hazards to a design feature $~~4~~ E. Result in inadequate emergency access Less than significant with mitigation measures incorporated According to the City of Santa Ana's Staff Policy for On-Site Circulation, the alley that serves this proposed structure is substandard because it is only ten feet in total width. Minimum standard alley width is twenty feet as established by SAMC Section 34-41. The alley provides the necessary access for the parking lift system within the proposed building. A traffic consultant completed an access study ("Parking Plan for Courtyard Lofts") which concluded that. maneuverability into the parking lift will be satisfactory, provided the drivers use caution to avoid collisions with adjacent buildings and other vehicles in the alley. Residents will, overtime, become adept at maneuvering from alley to parking area- The driveway apron offers an additional 15' for access and turning radii into the parking lift. A mirror will be installed to allow those emerging from the parkingarea to see any oncoming traffic, and an alley/driveway warning light will be activated by the garage door opening. Any easements required for the mirror installation mitigation will be obtained. Another measure to ensure that residents of the new structure will be able to make use of the parking lift is to be included in Covenants, Conditions, and Restrictions (CC&R's) for the development. The CC&R's will give notice to each prospective buyer/tenant that the parking lift and/or alley restricts the length and size of a vehicle that may gain access and park in this location. Emergency access will be adequate as there is front and rear access to the building. As recommended by the consultant report, the alley will be operated one-way only (west to east) to reduce the amount of potential of traffic and potential for collisions. F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation No Impact The project includes a parking lift to allow for eight parking- spaces which includes: a. One (1) parking space for each unit with a size of one- thousand, six-hundred (1,600) gross square feet or less. $Q~4~2 b. Two (2) parking spaces for each unit with a size of one- thousand, six-hundred and one (1,601) gross square feet up to three-thousand, two-hundred (3,200) gross square feet. c. Three (3) parking spaces for each unit with a size of three-thousand, two-hundred and one (3,201) and larger gross square feet. This measure will mitigate any effects for the need for additional parking capacity due to new residential development. New retail in the area must apply for a ministerial C3 Parking Waiver to seek permission to utilize the public parking structures. One such structure is located within one block (within 200') of the proposed location at the northwest corner of Third Street and Birch Street. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. The project does not directly involve alternative transportation; however, a major bus terminal is within 915 feet of the proposed development, and a bus stop within 200 feet of the site. XV. UTILITIES/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 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 providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? $4~4~3 No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation will be evaluated for potential impacts to utility service systems. There are no difficulties related to capacity at this time in the City, and wastewater discharge related to this project would be negligible. Since is relatively small scale infill development, no impact would occur. XVI. 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 As previously analyzed in consultant report ("Courthouse Lofts Project - Historic Resources Impacts"), the project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. This project also meets the Secretary of the Interior's Standard Number Ten because the project will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the adjacent historic properties and their environment would be unimpaired. The architecture and potential impact has been analyzed with the help of a qualified architectural historian. B. Does the project have impacts that are individually limited but cumulatively considerable? $~f ~4 Less than significant impact Approval of the proposed ordinance would not result in any significant cumulative impacts, since there are .little or no opportunities for infill development in other areas of the Downtown National Register District, and due to the fact that the project conditions are zone-specific, with this small scale area being the scope of the project. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not cause any substantial adverse effects on human beings, in that the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana Citywide Design Guidelines, 2006 City of Santa Ana General Plan, 1997. City of Santa Ana, General Plan EIR, 1997 City of Santa Ana, Staff Policy for On-Site Circulation California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program $Q~~5 South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Secretary of the Interior's Standards. National Park Service "Parking Plan for Courtyard Lofts". Kaku & Associates.. August 3, 2005 "Courthouse Lofts Project - Historic Resources Impacts". Kaplan Chen Kaplan, April 20, 2006 "Aesthetic Impact Evaluation". Kaplan Chen Kaplan, December 26, 2006 °Klaus Parking Systems Sound Meter Measurements". December 8, 2006 "Project Construction Vibration Recommendations". Snyder- Langston letter. December 12, 2006 "Geotechnical Recommendations for Settlement Monitoring of Adjacent Buildings". Albus-Keefe & Associates. December 20, 2006 XX. PREPARER Hally Soboleske, Associate Planner, City of Santa Ana _. H5:\\West_End_Lofts\West_End-NegDec-FINAL.doc 8Q~, 4S s MITIGATION MONITORING PLAN INTRODUCTION Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires all state and local agencies to establish monitoring or reporting plans for projects approved by a public agency whenever approval involves the adoption of either a "mitigated negative declaration" or specified environmental findings related to environmental impact reports. The mitigation monitoring plan (MMP) contained herein is intended to satisfy the requirements of CEQA as they relate to the Subsequent Initial Study/Mitigated Negative Declaration (IS/MND) for the West End Loft Project/Specific Development 80 (SD80). This MMP is intended for use by City staff to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMP were identified in the Subsequent IS/MND prepared for the proposed project. The Subsequent IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the project. Mitigation is defined by CEQA as a measure which: • Avoids the impact altogether by not taking a certain action or parts of an action. • Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. • Compensates for the impact by replacing or providing substitute resources or environments. Note: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002, 21002.1, 21081, and 21100(c), Public Resources Code. The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns. Compliance Checklist City staff will coordinate monitoring and document the implementation of mitigation measures. City staff will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMP. Table 1 of this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. 8 uq~-Sf avl7 ., z J a cs z o - F- ro c ro ro ro ro ro ro m m ro G O C C Q ~~ Q O C C Q O C C Q O C C Q O C C Q O C C Q O C Q C G Q O C Q O ~ ~~ • c' O c ._ ro roo c ._ roo c ._ roo c ._ ro~ c ._ ro~ c ._ ro~ c ro O c ._ ro^ c ro . Z • m (n c (/J (n m (n (n m In m (n m fn ~ (n fn O O C O C -o O C ~a O C ~o O C =o O C =o O C a O ~? 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C Q ~ N ~ ~ O J 25~ c.o2 N ~ ~ ~.-- n.w ti ~ UO ] CO '~_' N Ham U 3Z ~ ~ d p ~ mU ) ( O ~ ~ d m) ; C C ~ y ~ Qa ~ 00 $Q~a~9 To: Ms. Hally Soboleske, Associate Planner City of Santa Ana Planning Division From: David Kaplan Kaplan Chen Kaplan Re: Aesthetic Impact Evaluation 320 West Fourth Street -West End Lofts Project AESTHETICS Setting: Landform, Development and Building Form This memo is a review of the West End Lofts project proposed for 320 West Fourth Street to determine if there are any adverse environmental impacts related to aesthetic considerations. The site is in an older, generally flat urban area with a variety of buildings containing a range of uses, predominately commercial and office space. Building sizes and styles vary, but there is a continuous assemblage of commercial storefronts at the property line on both sides of West Fourth Street to the east and a continuous line on the South side to the west. Across the street to the north is amulti-storied office building, set back from the street on a very large parcel. Immediately adjacent to the west of the site is the West End Theater building at the southeast corner of Fourth Street and Birch. To the immediate east of the site is a two story Semi- Tropic Hotel Building. The two flanking buildings, both contributors to the historic district, were built with blank party walls facing the proposed site. Advertising signs were painted on the eastern side wall, repainted at various times and left intact when a building was built on the project site. When the building burned and was demolished around 1978, the remnants of the painted advertisements were uncovered. West Fourth Street at Main Street was the original commercial center of Santa Ana starting in the 1880s. Further growth and development occurred in the 1920s with the development of taller buildings such as the First National Bank Building and the Santora Building. The area was built up with a series of 4-6 story buildings mixed in with one and two story buildings. Later development along Fourth Street included the 10 story Ronald Reagan Courthouse Building and the mid-rise bank building further west. EXHIBIT 5 $~A~s~ Aesthetic Impact Evaluation West End Lofts Project Building form 320 West Fourth Street Santa Ana, California The proposed project is to be built on an empty site within a historic district. The building design is a six story structure that fronts the sidewalk, rising directly from the north property line. The building would occupy most of the site, with a setback area along the front eastern side creating an outdoor court in order to allow views to a portion of the painted wall advertisements. Considerations of compatibility with the historic district have been discussed separately. Aesthetic compatibility is evaluated in terms of scale, massing and style. The proposed project, while six stories tall, follows a pattern already established in the area of a mix of taller four to six story buildings along with one and two story buildings. The proposed project would continue this pattern along the south side of the 300 block of West Fourth Street. The building's primary facade is divided into three bays with an opening into the setback on the eastern edge adjacent to the painted advertisements. Each floor is delineated with a line of spandrel stone up to the top of the third floor, a level that approximately matches the tops of the two adjacent buildings. The architectural composition of smaller bays and articulation of floors help relate the buildings to the overall scale of the neighborhood and especially to the pedestrian level view at the street. The proposed building design is not strongly stylized. The front facade is a relatively simple pattern and is low-key and neutral in appearance without mimicking any specific historic style but in part echoing the pilaster divisions on the West End Theater facade. The long solid side party- walls are neutral. The project's facade is to be finished in sandstone, a quality masonry building material. The ground floor level is designed for shops or gallery space with large glazed openings and doorways at the walk matching the general pattern of commercial storefronts in the district. The ground floor will also have canopies to create s sidewalk level view that is a continuation of the existing streetscape. The proposed project will fit into the existing pattern and aesthetic of the area and completion of the project will add to the continuity the streetscape. View Corridors There are no specific vistas, scenic outlooks or designated views of landmark or significant aesthetic elements from the area surrounding the site. Additionally, "party-wall" construction of nearby buildings and main Kaplan Chen Kaplan 2 December 26, 2006 80A-61 Aesthetic Impact Evaluation West End Lofts Project 320 West Fourth Street Santa Ana, California fagade orientation towards the east-west streets limits windows facing the site. There is a traditional view looking down the street of an urban commercial corridor that shows continuity of structures with a predominate image of ground floor storefront windows. West Fourth Street has a similar character, although the continuous line of buildings on the northern side of the street ends across from the site with the large landscaped parcel and setback for the 10 story Courthouse building. The proposed project will fill in an empty site and will maintain the overall continuity of the south side of West Fourth Street. Windows along with shade canopies at the ground floor will also provide continuity at the sidewalk level view. The proposed project will not impact any significant views or vistas and will contribute to the overall existing streetscape aesthetic. Lighting Current street lighting is provided by historic double canopy light poles and by general ambient light from stores. The proposed project does not appear to contain any light sources that would change the overall pattern of lighting. Any exterior lighting, including lighting used to illuminate the old signage should be reviewed by the City of Santa Ana for glare and other non-compatible light sources so that there is no impact from the project lighting. Daylight and Shadow The building is located on the south side of the street so that its shadow will generally fall to the north over the sidewalk and street. The building is taller than its adjacent neighbors so that its shadow will also tall over their roofs at certain times of the day during the year. Neither adjacent bulding has an outdoor exterior court. A solar shadow study was prepared by Nestor + Gaffney indicating shadow patterns at three times of the day during the equinoxes and summer and winter solstices. During Winter months, due to the low sun angle, all of the buildings will cast shadows over the sidewalks. The shadow of the proposed project will extend further, sweeping across the opposite side of the street, mostly consisting of the outdoor area of the Courthouse building. Early morning sun will cast a shadow over the West End Theater Building and Birch Street, however, the sidewalk will already be in shade from the Theater Building. Kaplan Chen Kaplan 3 December 26, 2006 80A-62 Aesthetic Impact Evaluation West End Lofts Project 320 West Fourth Street Santa Ana, California At the Spring and Fall equinoxes, the building shadows of all of the buildings along the street fall over the sidewalk while the proposed project's shadow will sweep further out over the street. At three in the afternoon, the proposed project's shadow will extend not quite halfway over the Semi-Tropic Hotel roof. During Summer, the shadows are very short although the proposed six story building will provide a little more additional shade at the sidewalk immediately before and after the noon period. Later in the day, the shadow from the setting Summer sun will project back to the southeast over the alley. Although the proposed building is slightly more than double the height of the immediately adjacent buildings, the shadows are mostly projected over hardscaped public right of ways and do not significantly impact the access to daylight. The limited skylights on the roof of the Semi-Tropic Hotel Building will be shaded from direct sunlight only during late afternoons. In some cases, the building will provide additional shading during the warmer Summer months. The proposed West End Lofts project at 320 West Fourth Street does not have an adverse impact on the aesthetics of the site and surrounding area and will contribute to the continuity of the district. Kaplan Chen Kaplan December 26, 2006 80A-63 KLAVS Parking Systems Inc. Report of Sound Meter Measurements Date: December 8, 2006 Location: Fine Arts Project, 2110 Haste St., Berkeley, CA Lift Type: P310 Manual Doors Sound Meter Data: Mode1407727, Digital Sound Level Meter (Extech Instruments) Accuracy: + 2dB @ 94dB sound level Sound Meter Settings: "A" Weighting, "Slow" Response Measurements: Performed by Norman W. Brudigam, PE, Civil Engineer Test No. Test Conditions Sound Levels 1 Background sound levels inside parking garage due to fluorescent 43 to 48dB lights and some traffic outside the garage door 80 ft away from test location o en ill door). 2 Lowering of a lower platform (motor does not operate). Reading 50 to 61dB taken 3 feet from moving platform. Lowering time approximately 20 seconds. 3 Raising of an upper platform (motor operates). Reading taken 3 feet 62 to 67 dB from movin latform. Raisin time a roximatel 20 seconds. 4 Lateral movement of 9 middle level platforms at once. Reading 63 to 69dB taken 3 feet from machine at middle of platform movements. Movement time a roximatel 20 seconds. Typical A Weighted Sound Level Data SOHP Siren 100' 135dB S eech 1' 68dB Jet Takeoff 200') 120dB Lar e Store 62dB Rivetin machine 110dB Lar e office 58dB Chain Saw 100dB Residence 48dB Subwa 20' 90dB Ni ht residential area 42dB Frei ht train 100' 80dB Whis er 5' 32dB Vacuum cleaner 10' 72dB Sound studio 24dB 2013.doc 3652 Chestnut St., Suite A, Lafayette, CA 94549, 925.284.2092 Fax: 925.284.3365 E~4 SNYDER LANGSTON December 12, 2006 Mr. David DiRienzo President URBAN + WEST 936 East Santa Ana Blvd. Santa Ane, CA 92701 RE: West End Lofts, a Proposed 6 Story Commercial Loh Development 320 West Feurth Street, Santa Ana, CA David: In regards to your proposed six story commercial loft building and a "construction protection" plan for the process to protect the historic properties adjacent to the Project from project-construction vibration, Snyder Langston would recommend a photographic survey of the conditions of the existing structures to document existing design features both interior and exterior. The survey should be conducted by a firm that specializes in the preservation of historic structures and would note any current visible structural issues including existing stress cracking, seismic reinforcing, condition of wood and steel members, the condition of the existing mortar, brick, roofing and glazing systems. Any significant architectural features would be noted, and detailed in the survey. Horizontal and vertical controls would be established on the existing structures, noting the conditions and alignment of the existing structures prior to construction. All of the existing conditions would be identified and cataloged as a reference point to determine any building movement, and to have a reference point to repair any cosmetic damage to the existing structures that may have occurred during construction. Concurrent with the photographic survey, limited exploratory work would be conducted aimed at determining how the existing structures are built. The exploratory work would determine the depth and location of the existing footings, the condition and adhesion value of the existing mortar, along with the support for the existing floor and the roof systems. This information would be used to determine what temporary support measures would be required (if any) to support the existing structures during construction of the new buildings. Temporary support of the existing structure (it any) could include re- pointing the masonry, installation of temporary wall support system to brace off the existing walls during construction, and shoring of the existing structures, Given the condition of the existing structure, the fact that the demolished structure on the existing lot was originally built with a basement, and that and the lot has remained partially excavated it is hoped that temporary support measures would be kept to a minimum. Final determination of the extent of the temporary support for the existing structure should be left to the structural engineer, working in concert with a historical preservation architect retained by the owner. Design of the new structure should take into account the existing condition and location of the two adjacent structures and any temporary support measures necessary to minimize any damage to the existing structures during construction. The design should take into account the effect of vibration, excavation, access, and construction techniques on the existing structures, and every effort should be made to negate any impact to the existing buildings. A firm specializing in monitoring vibration caused by construction operations should be retained by the owner to develop a testing regime that will monitor vibration caused by the construction activities. An acceptable threshold of vibration should be established and the existing structures monitored during demolition, excavation, Creating Value Through Leadership in Reat Estate and Construction 77962 Cowan, Irvine, California 92fi74 ](~t.ty~ '~7~ Phone 949.863.9266 Fax 999.863.1987 ~1y ff'~M'F~ wwwsnvder-lanas[on.com SNYDER LANGSTON shoring, and foundation work. Additional monitoring maybe required during key construction operations as determined by the historical preservation architect retained by the owner. The design and construction of the foundation system of the new structure must take into account the integrity of the adjacent existing structures. If it is found that the depth of the existing footings are shallower than the new footings, design and construction procedures must be in place to fully support the existing buildings during construction of the foundation system. Slot cutting, temporary shoring or other methods must be employed to ensure that the structural systems of the adjacent buildings are not compromised by construction of the new structure. Care must be taken to ensure that the movement of the new building caused by wind or seismic events will not impact the existing adjacent structures. The design of the new building should not degrade the performance of the existing structures during a wind or seismic event; careful attention should be paid to isolating the new structure and the existing buildings. Given the in-fill location of the new building care must be taken to keep the public and construction personnel safe during construction activities. This may include the construction of a full pedestrian barricade over the existing sidewalk and alley way, (if required). A logistical plan for deliveries and hoisting of materials to the site must be developed taking into account the requirements of the adjoining uses, and the requirements of City Officials. The logistical plan should include queuing location for successive deliveries (concrete, steel, etc), temporary closing of the street and sidewalks for specific installation, parking for constrUCtioh personnel, scheduled utility shutdowns, emergency service access, fire department access, and installation of temporary standpipes. If you have any further quest etf~e to conhct me direct. Sincerely, flichard Cavecche Group Vice President rc/Iw Cleating Vafue Through Leadership in Real Estate and Constructien 77962 Cowan, Irvine, Cahtornia 92674 Phone 999.863.9260 Fax 999.863.1087 80~9~QQ~ wwwsnvder-lannsmacom /~ ALBUS-KEEFE & ASSOCIATES, INC. GEOTECHNICAL CONSULTANTS December 20, 2006 J.N.: 1369.00 Mr. David DiRienzo Urban+West 936 East Santa Ana Blvd. Santa Ana, CA 92701 Subject: Geotechnical Recommendations for Settlement Monitoring of Adjacent Buildings, Proposed Courthouse Lofts, 320 West Fourth Street, City of Santa Ana, California Dear Mr. DiRienzo; At your request, Albus-Keefe & Associates, Inc. has developed an overview of recommended settlement monitoring of the adjacent buildings for the site referenced above. Settlement monitoring of the two adjacent buildings on either side of the proposed construction will entail attaching settlement monuments onto the sides of these buildings at select locations. These monuments should be surveyed prior to grading of the site and immediately prior. to foundation and building construction. During foundation and building construction, these settlement monuments should initially be monitored daily, then weekly, and then possibly biweekly or monthly. The monitoring schedule will depend on the actual measurements recorded at that time and the proposed loadings being placed. Settlement limits will depend on a structural evaluation of these adjacent buildings and recommendations from the project structural engineer. A settlement response plan may be developed to detail our response in reporting and alerting the project team based on review of field survey data measurements. If you should have any questions or need clarification regarding these recommendations, please do not hesitate to call this office. Respectfully submitted, Albus-Keefe & Associates, Inc., ~~~~ Douglas T. Abernathy, Senior Engineer 1011 North Armando Street, Anaheim CA 92806-2606 (714) 630-1626 FAX (714) 630-1916 • :p7 ~'~ • . `' • Specific Development Plan No. 80 Section 1. Applicability of Ordinance The specific development zoning district for amixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria fora development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following: • Permitted uses. • Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. • Maximum authorized intensity. • Signage provisions. • Refuse collection. • Utility requirements. Section 3. Objectives The objectives of SD-80 include provisions of the following: A long-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. A landscaping plan that is complementary to amixed-use development and sensitive to the surrounding community. A visually harmonious development as viewed both internally and externally. EXHIBIT B Specific Development Plan No. 80 8U /~ _so September 2006 /'1 v Page 1 of 7 • A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. • A circulation system that is responsive to the needs of both vehicular and pedestrian travel. • The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian-friendly qualities of the Downtown. • A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. • A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. Specific Development Plan No. 80 8U /~ ~~~ September 2006 /'1 Page 2 of 7 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Building Density/Intensity for dwelling units live/work community units or commercial tenant spaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. B. Setbacks. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. Side (east). Specifc Development Plan No. 80 8U /~ CIO September 2006 {"- Page 3 of 7 The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. 4. Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. C. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. D. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. E. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six- hundred (1,600) gross square feet or less . Specific Development Plan No. 80 8U /~ ~7A September 2006 /'1 1 Page 4 of 7 b. Two (2) parking spaces for each unit with a size of one-thousand, six- hundred and one (1,601) gross square feet up to three-thousand, two- hundred (3,200) gross square feet. c. Three (3) parking spaces for each unit with a size of three-thousand, two-hundred and one (3,201) and larger gross square feet. 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1)(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: 1. A minimum of afive-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a. m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities Specific Development Plan No. 80 $ ~A-7 A September 2006 L Page 5 of 7 are encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1. Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the facade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1)(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. Signage A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. Specific Development Plan No. 80 $ ~A-7 w September 2006 3 Page 6 of 7 B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by A6239 or City of Santa Ana Ordinance and that determined by the Planning Division. Section 9. Telephone, Electrical, Water, Gas, and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters. Specific Development Plan No. 80 8U w _~~ September 2006 H Page 7 of 7 KACNnSSOCInTES A Caryo2han Transportation Planning Traffic Engineering Parking Studies MEMORANDUM TO: Jay Trevino Lucy Linnaus FROM: Pat Gibson SUBJECT: Parking Plan for Courtyard Lofts DATE: August 3, 2005 Kaku Associates has reviewed the site plan and operations plan for the parking at the Courtyard Lofts and we offer comments in the three areas where you had questions. Mechanical Parking We reviewed the mechanical parking solution and we find it to pe an acceptable solution in this case if the design provided is one of the options the developer showed us that allows direct access to the alley driveway without moving another car. There were a few options that rotated cars within the site to provide outbound cars with direct access to the alley or inbound cars with direct access to an empty parking space. Any of these options would be acceptable. Adequacy of Design There were concerns that the narrow width of the alley would be a problem for maneuvering in and out of the site. If the alley is operated as one-way, the maneuvering area should not be a problem. If this were a driveway to a parking area that served infrequent guests/customers to the site, I would be concerned about the turning movements, but since the drivers will be repeat residents, they should be able to get used to the maneuver and make the entrance and exit smoothly. The direction of traffic flow in the alley is up to the City Traffic staff since the project design can be "flipped" to provide access to either direction. The decision on direction of flow, however, needs to be made before final design approval of the site plan. EXHIBITC 2 ants Monica Blvd., SUite 500 Pagelof2 Santa Monica, CA 90401 O w _~ ~ (370) 458-9916 Fax (310) 394-7663 Parking Supply The proposed project should provide at least eight spaces to serve the residents of the project. This should be allocated one space each for the two one-bedroom units and two spaces each for the three two-bedroom units. Guests to the building would have to park on the street or in a nearby off-street lot or garage. If there are any questions on the above, please call. Page 2 of 2 80A-76 oco Kaplan Chen Kaplan Architects & Planners 2526 Eighteenth Street Santa Monica CA 90405 November 1.2006 TO: David DiRienzo FR: Pam O'Connor Kaplan Chen Kaplan RE: West End Lofts Santa Ana, California The purpose of this memo is to review the two Secretary of the Interiors Standards for Rehabilitation that apply to infill buildings in historic districts: Standards Il9 and ll10. The National Register nomination for the Santa Ana Downtown Historic District provides the basis for the findings that resulted in its designation as a National Register Historic District. The Nomination notes that this Historic District is predominantly two-story business blocks "...complemented by a scattering of taller structures, the largest of which is six stories." The predominant character of the West Fourth Street corridor's roofline is that of buildings stepping up and down in height. The nomination states that the significance of the District is based on its ability to show "major architectural phases of historic urban development in the county from the 1880s to the 1933 Earthquake." It goes on to note that "the district maintains design integrity that is reflected in the changes in architectural fashion over time and preserves key individual examples of important periods of architectural development." The eras represented include: • Victorian, only a few with exterior facades extant • Pre World-War I/Progressive Era (new and remodels) including the 1915 West End Theater • 1920's Expansion with two periods of growth 1922: mostly new construction including the 6-story First National Bank Building (1923) 1928: use of Spanish Colonial Revival styles • Early 1930s, Post-Earthquake remodeling. Victorian cornices lost, building facades stucco added over original brick in Moderne styles; due to the Depression designs were simple and inexpensive such as the Semi-Tropic Hotel remodel Telephone 310.452.7505 Facsimile 310.452.1494 EXHIBIT D Page 1 of 2 80A-77 Mr. David Di Rienzo West End Lofts, Santa Ana, California -Historic Evaluation November 6, 2006 Page 2 The most common style used in the Historic District is the Spanish Colonial Revival. However, as noted in the nomination, the range of styles from a number of periods, downtown's early 20°^ century development evolution, is the basis of the designation. Standard #9 states that "new additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment." Standard #10 states that "new additions and adjacent or related new construction shall be undertaken in such a manner that is removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired." The building to the west of the infill property is the 1915 Beaux Arts style West End Theater (one of the few Beaux Arts style structures in the Historic District). The structure to the east is the Semi-Tropic Hotel with its 1933 Moderne facade. Each is representative of a different period and architectural style from the early 20~^ Century. Thus, there is no single design from any historic period that bridges the two styles. A design could mimic one, but not both of the styles. As noted in the National Register nomination, one of the hallmarks of this Historic District is that the contributing buildings reflect changes in architectural fashion over time while preserving key individual examples of important periods of architectural development. Standards #9 and #10 do not mandate that infill construction mimic or echo the styles of the contributing historic buildings. And specifically, Standard #9 states that "new work shall be differentiated form the old." An infill building with a contemporary design is acceptable (especially in this district where the nomination is based on a variety of styles built over several decades) as long as it is compatible with the form and character of the Historic District. The National Register nomination also clearly states that taller buildings (up to six stories) complement the shorter structures which vary from 1 to 3 stories in height. The proposed project fits within the development envelope that is recognized as historic within the Santa Ana Downtown Historic District. With the proposed mitigations, the project can be constructed such that if removed ever in the future, the adjacent historic structures would not be negatively impacted. ~~~ Page 2 of 2 Kaplan Chen Kaplan Architects & Planners 80A-78 Courthouse Lofts Project Historic Resource Impacts 320 West Fourth Street Santa Ana, California April 20, 2006 Submitted to: Urban West Strategies Submitted by: Kaplan Chen Kaplan 2526 Eighteenth Street Santa Monica, CA 90405 David Kaplan, Principal Pam O'Connor, Architectural Historian 80A-79 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California The purpose of this report is to assess the potential impacts of construction of anew mixed-use (commercial and residential uses), known as the Courthouse Lofts, building in the Downtown Historic District in Santa Ana, California. Since the parcel is located in a National Register Historic District, an evaluation of potential impacts of this infill project must be conducted to comply with environmental review procedures of the City of Santa Ana and the California Environmental Quality Act (CEQA). The purpose of the review is to determine whether the proposed structure will cause any significant environmental impacts (as defined by CEQA guidelines, Section 15064.5). The Courthouse Lofts project consists of new construction of a mixed use building on the empty parcel located at 320 West Fourth Street in Santa Ana's Downtown Historic District. The property owner, Urban West Strategies, has proposed construction of a structure with commercial and service uses at the street level and "live-work" lofts on the upper levels. The proposed project is located mid-block flanked on each side by buildings which have been designated "contributing buildings" to the historic district. The proposed project, asix-story building, would encompass the entire lot and include a basement, a ground floor dedicated to commercial uses and five stories of housing in the form of residential live-work lofts. Physical and Historical Context of Downtown Historic District The parcel known as 320 West Fourth Street is Orange County Assessor Parcel Number 398-591-02 located in the City of Santa Ana. The project is proposed for this 41 by 100 foot parcel which is located mid-block on the south side of West Fourth Street between Broadway and Birch Streets within the Santa Ana Downtown Historic District. The Historic District is divided into two sections. The smaller portion lies primarily to the north of Santa Ana Boulevard (Sixth Street) to Civic Center Drive (Seventh Street) between Broadway on the west to just east of Bush Street on the east. The southern portion of the Historic District has irregular boundaries. The principal intersection is that of Broadway and Fourth Streets. The District runs along portions of both the east and west sides of the Broadway from just south of Second Street to the south side of Fifth Street. At the District's southern end it runs along Second Street from just west of Broadway to the west side of Main Street and jogs to the south touching First Street at Sycamore. Most of Third Street is excluded from the Historic District. The Historic District also runs east-west along Fourth Street. From Main Street east, only the south side of Fourth Street (the 100 East block) is in the District, creating a stub end. Between Main Street and Broadway, both sides of the 100 and 200 West Fourth Street are within the Historic District. EXHIBIT E Kaplan Chen Kaplan 1 April 20, 2006 80A-80 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California West of Broadway, on the 300 West block, the easternmost two-thirds of both sides of the street are within the Historic District. The north side of Fourth Street contains a contributing building on the east end that is within the District boundaries. Adjacent to the Historic District (on the west) is the large parcel that contains the 11-story Ronald Reagan Federal Courthouse, built in 1997. The Historic District boundary stops on the north side of Fourth Street at the eastern end of the Courthouse lot which is across the street from the subject parcel at 320 West Fourth Street. The building to the west of the subject property, at 322-326 West Fourth Street and the eastern half of the south side of the 400 block of West Fourth Street, lie within the Historic District. The National Register Nomination for the Downtown Historic District provides the basis for its designation as well as its historic context regarding development of the commercial center of Santa Ana. The City was founded in 1869 by William Spurgeon as a speculative townsite on land that had been part of the Spanish land grant known as Rancho Santiago de Santa Ana. Spurgeon and a partner, Ward Bradford, acquired land to lay out a 24-square block townsite bounded by Broadway on the west, Spurgeon Street on the east, First Street on the north, and Seventh Street on the south with the commercial center developing at Fourth and Main Streets. Growth and development was stimulated by arrival of the Southern Pacific Railway in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s a downtown business district had been established at the intersection of Fourth and Main Streets consisting of five city blocks of brick business buildings. Only a few exterior examples remain from Santa Ana's first wave of downtown development in the Victorian era. With the railroads came expansion of agriculture and related packing and shipping operations. The early years of the 20"' century saw residential growth. The regional prosperity of pre-World War I years resulted in numerous new business blocks sprouting up along Fourth Street as and new civic buildings were constructed to the north (near Civic Center Drive and Main Street). Downtown grew again in the 1920s with new construction along north/south arterials such as Main Street and Broadway, extending the footprint of the downtown. The commercial center along Fourth Street served the larger county population as growth in the county's smaller cities spurred Santa Ana's commercial prominence. By the 1920s Santa Ana had become the professional center of Orange County with lawyers and doctors located in "prominent new high-rises' such as the First National Bank Building and executive offices in the Santora Building. (National Register Nomination) The National Register Nomination states that "the primary historic significance of downtown Santa Ana is found in its 1920s commercial and architectural identity." It goes on to note that the predominant architectural style of the 1920s was Spanish Colonial Revival with numerous regional adaptations Kaplan Chen Kaplan 2 April 20, 2006 80A-81 I Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, Callfarnla ranging from Churrigueresque to Mission-influenced during two distinct growth periods centering around the years 1922 and 1928. During this period the area was infilled with two-story and larger buildings designed in a variety of styles including Beaux Arts and Renaissance Revival. New construction of the late 1920s featured Art Deco and Moderne influences. The resulting aesthetic of the downtown was a distinctly urban pattern of corridors of buildings constructed to the street lot line and encompassing most or all of their lots. Many of the buildings were used for retail or commercial services at the street level and many of the structures featured storefronts with display windows at the street level. The National Register Nomination observed that the 1933 Long Beach earthquake "left more visible physical alterations than any other event in Santa Ana's history. The earthquake came at a time of economic collapse, so the reconstruction of the physical fabric of the city was simple in design and inexpensive in character... [and] elaborate cornices on classical facades were replaced by simple Moderne geometric designs...the post-earthquake materials were predominantly stucco and concrete." The Nomination notes that a "great number of facade alterations" date from this period. The Nomination in describing the resources observed that funds for repair were limited during the Depression and "many buildings [sic] owners who were left to provide their own funding simply performed inexpensive remodels on the facades and left the Victorian interiors alone." Other than earthquake repair, the decade of the 1930s and 40s saw little change to Santa Ana's downtown. After World War II Orange County underwent suburbanization with commercial real estate investment directed away from the city center toward automobile oriented shopping malls and business parks. The Downtown Historic District underwent changes along West 4th Street in the period 1955-1958, but limited funds "...prevented severe modernizations on upper floors, interior and exteriors." Facade alterations were generally neo-modern panels of aluminum or stucco covering original facades. The last decade of the 20th Century saw the beginning new investment and rehabilitation in Santa Ana's downtown spurred by City sponsored improvement projects such as the Fourth Street retail corridor streetscape enhancements and new in-fill development projects. In 1997, the high-rise Ronald Reagan Courthouse, a civic institution and major employment center was developed across from the west end of the Downtown Historic District. The National Register Nomination identifies the character of the Downtown Historic District stating that "the predominantly two story business blocks with ground level retail uses and upper story residential or offices uses are complemented by a scattering of taller structures, the largest of which is six stories." The main east-west axis of the District is Fourth Street and Kaplan Chen Kaplan April 20, 2006 80A-82 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California encompasses a portion of the south side of the 200 East block, the south side of the 100 East block, and the north and south sides of the 100 and 200 West blocks, the south side of the 300 West block and a portion of the 400 West block. Four taller structures are located along this span. One, the 4-story Otis Building (1889) is located on the north side of the 100 West Block of Fourth Street at Main Street (# 187 on Downtown Historic District Map). The other three buildings are located on the south side of the 100 and 200 blocks of West Fourth Street. The First National Bank Building (1923), 6-stories and 83 feet tall, is located on the southwest corner with Main (# 234 on Downtown Historic District Map). Two structures are located on the south side of the 200 West Block: the 4-story Spurgeon Building (1913) at the corner of Sycamore (# 20 on Downtown Historic District Map) and the 4-story Moore Building (1923) at the corner of Broadway (# 182 on Downtown Historic District Map). Numerous one-story buildings are also located along West Fourth Street. The National Register Nomination also noted that the historic district's "...buildings date from the late 1870's to the post earthquake reconstruction of 1934 and include commercial buildings, churches, fraternal halls and civic buildings which remain as a collection of historically and architecturally significant buildings that typify a complete small city urban environment as it would have exited in the first third of the century. The district is represented by several stylistic eras, but the dominant image is set by the preponderance of 1920s Spanish Colonial Revival influenced commercial architecture." The National Register Santa Ana Downtown Historic District was added to the National Register of Historic Places based on four reasons: The district has retained its historic integrity from the period of significance as the professional and commercial center of Orange County. 2. The district strongly conveys a sense of time and place as the commercial heart of Santa Ana. 3. The district shows the major architectural phases of historic urban development in the county from the 1880s until the time of the 1933 earthquake. 4. The district constitutes a significant architectural assemblage containing numerous individually distinguished buildings and the works of notable regional and local architects. The City of Santa Ana established the Santa Ana Register of Historical Properties in 1998. This local register identifies historic and architecturally significant resources that have been determined to be significant local cultural resources. Resources within the boundaries of the National Register Kaplan Chen Kaplan April 20, 2006 80A-83 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts ProJed Santa Ana, California Downtown Historic District have been evaluated and categorized as either "Contributive", "Key", or "Landmark" (with "Landmark" as the highest rating) resources in terms of their historic and/or architectural significance to the local Santa Ana Register. A resource is categorized a "Landmark" if the building, structure, object or site: is on the National Register or appears eligible to be placed on the National Register; is on the State Register or appears to be eligible to be placed on the Register; or it has an historical/cultural significance to the city; or it has a unique architectural significance. A resource is categorized as "Key" if the building, structure, object or site: has a distinctive architectural style and quality; or is characteristic of a significant period in the history of the city; or is associated with a significant person or event in the city. A resource is categorized as "Contributive" if the building, structure, object or site contributes to the overall character and history of a neighborhood or district and is a good example of period architecture. In 2001 an Intensive Survey Update was conducted for the Downtown Historic District by Leslie Neumann of Science Applications International Corporation. This update identified changes (demolitions and rehabilitations) that occurred in the District since it was originally designed as a National Register Historic District. Physical and Historical Context of 300 Block of West Fourth Street West Fourth Street, a portion of the Birch Addition which lay west of Spurgeon's townsite, was platted in 1876 by Albert W. Birch who came from Illinois. Early construction on the block included a general store and carriage shop. The period between 1880 and the 1920s saw several waves of construction. The north side of the 300 block of West Fourth Street contains the Phillips Block Building located on the northwest corner of West Fourth and Broadway at 301-309 West Fourth Street (# 11 on Downtown Historic District Map). This two-story structure was originally three buildings now covered by a common facade. The earliest portion of the building, the first floor of 307-309 was constructed around the turn of the 20~' Century. In 1909 two buildings were erected to the east and the buildings appear to have been combined in the early 1920s. The stucco clad building features Italian Renaissance Revival features. The first floor also had a later remodel that removed transoms and altered storefronts. The Phillips Block is listed on the Santa Ana Register of Historic Properties as a "Contributive" structure. The Freeman Block was located at 311-315 West Fourth Street . This structure was demolished in 1986. No other historic structures are located Kaplan Chen Kaplan April 20, 2006 80A-84 Historic Resource Impacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, California along the North side of the 300 block of West Fourth Street. In 1997 the 11- story (176 foot tall) Ronald Reagan Courthouse Building was constructed. The high-rise building is set in a landscaped area. The development history of the south side of the 300 West Fourth Street block occurred over the first half of the 20th century. On the southeast corner is 302-308 '/z West Fourth Street (also listed as 324 North Broadway) known as the Gilmaker Block (# 244 on Downtown Historic District Map). This one- story commercial building is of brick construction. Piers divide the primary (north) elevation into four bays each with glazed storefronts. The focus of the design is the white glazed brick trim that outlines the piers and door surrounds, defines the frieze and parapet. The parapet is punctuated at the tops of the piers. The building became a contributing structure to the National Register Historic District in 1987 following completion of a certified rehabilitation. it is listed on the Santa Ana Historic Register as a "Key" building. The first substantial structure to be constructed on the south side, the Semi- Tropic Hotel, is located at 316-318 West Fourth Street (# 243 on Downtown Historic District Map; note that footprint illustrated on the map does not reflect the full footprint size of the structure) which was constructed in 1888 by Levi Gildmacher. The two-story brick Victorian structure contained retail establishments at the street level and a hotel on the upper level. The Semi- Tropic's facade was damaged by the 1933 Earthquake. All original Victorian features including the cornice and bay windows were removed. The second floor was remodeled with casement windows set along a simple stucco clad exterior with slight Streamline Moderne influence in the use of simple parapet band and a horizontal band just below the cornice, a lintel connecting the upper windows and simple banding between the windows. The first floor has a basic retail storefront framed by the squares. This exterior remodel, an inexpensive and basic repair, was made due to damage incurred by the 1933 Earthquake. The remodel was marked departure from the original Victorian design; gestures to contemporary Art Deco/Streamline Moderne style were included in the simple new facade,. At that time the Victorian hotel interior remained fairly intact. In the 20th century the building was converted to retail and office uses. This building is listed as a "Key" building on the Santa Ana Register of Historic Properties. To the east of the Semi-Tropic Hotel is the Bon Ton Bakery Building at 310 West Fourth Street (# 237 on Downtown Historic District Map). This one- story structure was constructed in 1915 but was remodeled in 1933. The earthquake repair included stuccoing over the original facade similar to the Semi-Tropic Hotel buildings remodel. The parapet banding and stringcourse impart a slight reference to the Streamline Moderne style. A retail storefront, divided into three bays, is set over tiled bulkheads. This building is listed as Kaplan Chen Kaplan April 20, 2006 80A-85 Historic Resource Impacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, California "Contributive" on the Santa Ana Register of Historic Properties based on its exterior design and lack of historic interior features. Also constructed in 1915 was the Beaux Arts style West End Theater at 322- 326 West Fourth Street (# 218 on Downtown Historic District Map). This theater was one of Santa Ana's earliest movie houses and served as a community playhouse. The building is clad in white ceramic brick, accented by green colored bricks on both the front facade of West Fourth Street and the side elevation along Birch Street. The symmetrical facade is divided into three bays by raised, two-story piers delineated in green ceramic brick. The central and largest bay contains the recessed theater entrance at the ground level and above features a large arched window divided into six vertical panels. A stringcourse and cornice define asecond-story frieze. This frieze consists of a diamond pattern in green brick over the side bays with onion- shape ornaments above the piers and a panel inscribed with the theater's name above. Mid-century alterations included a metal screen over the facade. In the early 1980s the metal screen was removed and the structure's decorative ceramic brick facade was rehabilitated. The West End Theater is listed as a "Landmark" building on the Santa Ana Register of Historic Properties. The lot on which the subject project is proposed, now known as 320 West Fourth Street, has contained a number of buildings since it was first developed. In the late 19`h century shed and warehouse structures stood on the lot but were replaced by one-story frame buildings by the early 20`h century. In the second quarter of the 20`h century, these frame structures were replaced by a two story brick commercial structure that filled the lot which subsequently burned and was demolished in 1978. The demolition exposed the west wall of the Semi-Tropic Hotel building, which contains ghost-like remnants of earlier painted advertisements that appear to date from the first few decades of the 20"' Century. Description of Proposed Project The Courthouse Lofts project consists of new construction of a mixed use building on the empty parcel located at 320 West Fourth Street in Santa Ana's Downtown Historic District. The property is owned by Urban West Strategies who has proposed construction of a structure with commercial uses at the street level and residential on the upper levels. The proposed project, asix-story building with basement, would encompass the entire lot with a ground floor dedicated to commercial and service uses and five stories of housing in the form of condominium "live/work" lofts. The building is "L" shaped in plan and takes up most of its 41 x 100-foot lot. The proposed building is six stories high with a flat roof. The building's height, to Kaplan Chen Kaplan April 20, 2006 80A-86 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California the top of its parapet, is 68 feet. A central elevator and stair tower is another 7.5 feet high. At the street level, a small courtyard is located at the northeast corner, which is the main entry into the building. A paved driveway at the rear of the building leads to a parking lift. The main facade along West Fourth Street is built out to the lot line, thus aligned with the other structures on the block. The facade is basically divided into three bays. The easternmost bay frames the entry to the courtyard. There is a slight separation between the easternmost edge of this frame and the adjacent building. This design is purposeful to reveal the ghost advertisements painted on the west wall of the adjacent Semi-Tropic Hotel. This design also allows viewing of the water element located along the east side of the courtyard. The other bays at the ground level consist of plate glass display windows topped with flat metal canopies. The first three levels of the easternmost bay are not glazed while the fourth level is glazed revealing an angular portion of the loft space. At the fifth floor the structure is set back. The sixth floor the facade is set back approximately 10 feet. The 6`~ floor bays feature full-bay glazing. Other bays combine glass paneled roll-up doors with aluminum railings and aluminum framed fixed window walls. The exterior is clad with smooth cut red sandstone veneer panels for the first three levels. The upper three levels are finished with clear glass spandrel panels. Overlooking the courtyard, the upper three floors of the east wall feature clear glass panels with aluminum framed window walls that have aluminum muntins. Also overlooking the courtyard will be full width balconies clad with red sandstone fascias and aluminum railings. The elevator tower, located to the rear or the courtyard, will also be clad in sandstone. The east and west elevations will be clad with reddish jumbo brick in a stacked bond pattern. On the west elevation there is a shallow recess that extends to the roof which will be covered with ceramic tile. A stair tower, also clad with stacked bond jumbo bricks, is located at the west end of the south rear elevation. The rear elevation features five levels of aluminum framed windows with painted aluminum spandrels. Full width balconies with painted aluminum panels and railings as well as half-width balconies at the mezzanine level, will be featured on the rear facade. On the ground level there is a wide metal roll-up door to provide access to the parking lift. Environmental and Hisforic Review Thresholds In 1984 the Downtown Santa Ana Historic District was added to the National Register of Historic Places, the federal list of historic resources. Under California law, National Register listed buildings and districts are Kaplan Chen Kaplan April zo, zoos 80A-87 Historic Resource Impacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, California automatically listed in the California Register of Historical Resources. The subject parcel, although empty, is within a designated historic district. The City of Santa Ana has maintained the Santa Ana Register of Historical Properties since 1998. Resources within the boundaries of the National Register Downtown Historic District have been evaluated as "Contributive", "Key", or "Landmark" resources in terms of their historic and/or architectural significance. The subject property, as an vacant parcel, is not rated in the Santa Ana Register. In addition, the City of Santa Ana Municipal Code requires that the City's Historic Resources Commission (HRC) review and approve proposed projects including new construction located within and/or adjacent to an historic district that has the potential to result in changes to the exterior of designated structures or to their setting. Changes which do not substantially change the character and identity of the historic property or district are allowed. Since the Downtown Historic District is listed on the National Register of Historic Places and the California Register of Historical Places, the project is also required to be evaluated to determine if it would result in a substantial adverse change in the significance of the historical resource. According to CEQA Guidelines a substantial adverse change in significance would occur if the project would cause demolition or materially alter in an adverse manner: --the physical characteristics of the historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; --the characteristics that account for its inclusion in a local register of historical resources pursuant to local ordinance or resolution; --the physical characteristics of a resource that convey its historical significance and that justify its eligibility for inclusion on the California Register as determined by a lead agency. The City of Santa Ana's Planning and Building Department has adopted the Secretary of the Inferior's Standards for Rehabilitation from the United States National Park Service to guide rehabilitation of historic structures and new construction in historic districts. Projects that comply with these Standards are determined to have a less than significant impact under CEQA. There are ten Standards for Rehabilitation of which two apply to new construction. Standard 9 states: "New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be Kaplan Chen Kaplan Aprll 20, 2006 80A-88 Historic Resource Impacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, California differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment." Standard 10 states: "New additions and adjacent or related new construction will be undertaken in a matter that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired." The National Park Service also provides technical monographs and briefs to aid in applying the Standards. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995) factors to consider in assessing compatibility of new construction: materials; features; size; scale and proportion; massing; spatial relationships; and differentiation of historic construction from new construction. Evaluation of Compatibility of Proposed Design with the Downtown Historic District The proposed project is new construction on a lot that has been vacant for almost 30 years. The district context, analyzed earlier in this report, is that of a central business district urban development pattern (built to the lot line) of commercial and mixed-use buildings. The Secretary of the Interior's Standards for Rehabilitation specifies that new construction should be compatible with the historic materials, features, and spatial relationships that characterize the District. The new work should be differentiated form the old and should be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. One of the most significant criteria to evaluate for compatibility within the Santa Ana Historic District are the size, scale and proportion, and spatial relationships of the proposed building relative to other structures in the Historic District. The National Register Historic District Nomination stated that the District's structures are predominantly two story buildings "...complemented by a scattering of taller structures, the largest of which is six stories." The First National Bank Building at 102-106 West Fourth Street is the tallest at 6 stories and 83 feet in height. The buildings of the Historic District include buildings one-, two, three-, four- and six-stories high. The 2001 Survey Update categorized buildings by Resource Attributes and the buildings along West Fourth Street were HP6, "1-3 story commercial building", or HP7, "3+ story commercial building". (Note: the West End Theater received a theater specific attribute) Kaplan Chen Kaplan 10 April 20, 2006 80A-89 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, Callfomia The predominant character of the West Fourth Street corridor's roofline is that of buildings stepping up and down in height. Photograph 1 shows the corridor of West Fourth Street looking east from the 200 West block. The six-story First National Bank building is clearly visible rising up from the one and two story buildings located between it and the four-story Spurgeon Building (which has a tall clock tower element). Photograph 2 shows the south side of the 200 West block of Fourth Street with the 4-story Moore building in the foreground. Photograph 3 shows the north side of the 200 West block of Fourth Street with the three-story Rankin Department store building and the step down to one-story buildings. Photograph 4 shows the south side of the 300 block of West Fourth Street looking east. The two-story West End Theater and two-story Semi-Tropic Hotel are in the foreground. Street trees obscure the one-story Bon Ton Building and the one-story Gilmaker Block. The building to the east steps up to four stories (Moore Building). Photograph 5 shows the south side of the 300 and 400 blocks of West Fourth Street. The end of the street Qust outside of the Historic District boundary) is a five-story modern building. Photograph 6 illustrates the north side of the 200 (portion of) and 300 blocks of West Fourth Street with the 11-story Ronald Reagan Courthouse on a parcel just north and west of the Historic District boundary. A landscaped area, Photograph 7, is located between the Phillips Block Building and the Reagan Courthouse. Photograph 8 shows the Reagan Courthouse Building. This area, where the size steps from the one-story Phillips Block to the street level of the open space to the 176 foot tall Reagan Courthouse Building which is across the street from the subject property at 320 West Fourth Street. Only one block of West Fourth Street, the south side of the 400 block, features a fairly consistent 2-story roof line (Photograph 9). The subject block does not have a consistent roof line. On the subject block, the east end features two one-story buildings. The Gilmaker Block (Photograph 10) has a long frontage on West Fourth Street while the adjacent one-story Bon Ton Bakery (Photograph 11) has a narrow frontage. The size steps up to two- stories with the Semi-Tropic Hotel (Photograph 12) with a frontage that is wider than the Bon-Ton's, but narrower than Gilmaker's Block. Looking east from the Semi-Tropic Hotel (Photograph 13) the rooflines of the one-story buildings are obscured by the street trees while the four-story Moore Building is a strong presence. At the west end of the 300 block of West Fourth Street, the West End Theater (Photogarph 14) is a little more than two-stories tall. Designed as a theater, its building form differs from those of the mixed-use and office buildings that line the Fourth Street corridor. While the buildings on the south side of the 300 block of West Fourth are historic (contributing to the National Register District and listed on the Santa Ana Historical Register) they form an eclectic set as they differ in style, height, massing and use (retail, mixed-use, theater). Kaplan Chen Kaplan 11 April 20, 2006 80A-90 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California The Courthouse Lofts building is proposed to be six stories high. The structure will be located along the historic Fourth Street corridor which features one other six-story building, and three four-story buildings all located within two-and-one-half blocks of the subject site, all which are contributing buildings to the Downtown Historic District. The subject block has buildings of varying heights, which is the norm along the historic corridor. Only the south side of the 400 block of West Fourth has a consistent roofline height. The National Register District is based on the eclecticism of architectural styles, building types and clearly stated that the taller buildings "complement" the body of two-story business blocks. The proposed Courthouse Lofts would add only one taller structure to the Historic District. It is not located on the one single block (the south side of 400 West Fourth) that has the only consistent two-story roofline along the Fourth Street corridor. Rather, the proposed project is on a typical block that has a range of building heights and massing. Each of the two blocks to the east, the 200 and 100 West Fourth Streets on the south sides have at least one taller building as does the 100 West block on the north side. The height of the proposed building is consistent with the patterns within the Historic District, which as the National Register Nomination states is "predominantly two story business blocks... complemented by a scattering of taller structures, the largest of which is six stories." This project, at 6-stories and 68 feet tall would be shorter than the contributing 6-story First National Bank Building (83 feet tall). It is a single building and it is within the historic de facto height limit of the Downtown Historic District. In terms of massing, there is a wide range of buildings in the Historic District. Some are one-story buildings on narrow lots, others are tall buildings on narrow lots, yet others are one-story buildings on double lots with broad frontages. The proposed building rises directly from the lot line like the typical building on the commercial blocks. Located on oa varied block in terms of street frontage and lot coverage, the massing of this building is within the range of building envelopes in the Historic District. The massing of the Courthouse Lofts project steps back from the street at the upper floors to help lower the apparent height at the street. These step backs should be composed so that the overall building retains simplicity of massing. The design of the proposed building features three lower floors, roughly corresponding to the height of adjacent buildings, fronted at the street with a farfade of red sandstone, the masonry cladding echoing other buildings in the district. The facade is divided into three bays at a scale similar to other storefronts along the street. To allow access and view to the painted wall signage, there is a small gap between the Courthouse Lofts street facade and the adjacent building to the east. The purpose of this design feature is to reveal a portion of the ghost advertisement on the adjacent Semi-Tropic Hotel Kaplan Chen Kaplan 12 April 20, 2006 ~ 80A-91 Historic Resource Impacts Courthouse Lofts Project 320 West FouRh Street Santa Ana, CalHornla building's party wall. While the gap is not a common feature of the area, the spacing between facades is very narrow and does not interrupt the continuous reading of the frontage along the south side of Fourth Street. A gap for a passageway or courtyard is not unusual in other urban commercial areas and in this location, provides a full glimpse of the exposed side wall of the Semi-Tropic Hotel. The understated overall fattade treatment will provide a more neutral influence along the street, without competing with the many older storefronts and allowing more decorative buildings such as the West End Theater to continue to stand out. The proposed building will have party walls on its east and west sides. These walls are typical, un-fenestrated party walls. In the proposed building several stories of unadorned party walls will be visible. This condition is not without precedent in the Historic District. In fact, the exposed party wall of the adjacent Semi-Tropic Hotel was used for advertising and this feature has become a historic character-defining feature (and one which the proposed building is partially designed around). The Secretary of the Interior's Standards for Rehabilitation state that new construction should not destroy historic materials or features that characterize the property. Since the proposed project is sited on vacant property, no historic materials or features exist on site. However, the "ghost" billboard, layers of paint from previous advertising (Photograph 15) remains on the west elevation of the upper floor of the party wall of the Semi-Tropic Hotel, the building sited adjacent to the east of the subject property. This feature has been identified as acharacter-defining feature in the 2001 Survey Update of the Semi-Tropic Hotel. Rather than having the street facade of the proposed Courthouse Lofts run from the two side lot lines, it is stepped back at the upper stories at the east lot line. This feature was designed to pull the proposed building away from the ghost billboard. As a result, a portion of the ghost billboard will remain visible. The Secretary of the Interior's Standards for Rehabilitation states that new additions and adjacent or related new construction will be undertaken in a matter that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The Courthouse Lofts project is an in-fill project within the Historic District. As such it can be removed in the future (unless, of course, after 50 years it is considered to be a contributing building to the Historic District). If demolition would be undertaken in the future, the demolition would have to take care to protect all adjacent contributing historic buildings. The CEQA Guidelines state that a substantial adverse change in significance would occur if the proposed project would cause demolition or materially alter in an adverse manner the physical characteristics of the historical resource that convey its historical significance and that justify its inclusion in, or Kaplan Chen Kaplan 13 April 20, 2006 80A-92 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California eligibility for, inclusion in the California Register of Historical Resources. While the most common building height is two-stories, there is no consistent roofline in the Historic District. Rather, contributing buildings step up and down regardless of the height of adjacent buildings. The proposed building is within the height envelope of the Historic District that includes a few four and six story buildings. The proposed project's height is within physical characteristics as defined for the Historic District which recognizes and includes a few buildings up to six stories tall. As an addition on an empty site it will not cause demolition of any historic building. The CEQA Guidelines state that a substantial adverse change in significance would occur if the proposed project would cause demolition or materially alter in an adverse manner the characteristics that account for its inclusion in a local register of historical resources pursuant to local ordinance or resolution. The proposed project is sited on a rare vacant site in a built-out downtown. The empty lot is not acharacter-defining feature of the Downtown Historic District or a contributing feature to the District. Thus, construction of a building that falls within the development patterns of the existing Historic Downtown building types will not cause change in status of the vacant site in terms of the Santa Ana Historic Register. Construction of the Courthouse Lofts building will not have any negative impacts on the Santa Ana Downtown Historic District. The addition of the proposed building would not result in a de-listing of the Historic District since the infill building is designed within the development norms and patterns of the Historic District's eclectic set of architectural styles and its varied building sizes and massing. The one historic feature that will be impacted by the construction of the Courthouse Lofts is the "ghost billboard" on the Semi-Tropic Hotel's exposed west party wall elevation. The painted element was not a mural which might have been intended to be a permanent fixture. Rather the wall was a billboard for changing advertisements and, as such, none of the images were meant to be a permanent feature of the building. They were revenue generating vertical real estate available for rental. As an exterior feature, the ghost billboard has been exposed to climactic elements for almost 30 years, without protection. Arguably, the construction of the Courthouse Lofts could delay further deterioration (west elevation exposure to sun) or it could result in further deterioration based on some aspect of construction (moisture trapped). Regardless, a portion of the ghost billboard (the upper 42 feet of the signage) will be obscured by the infill Courthouse Lofts project. The loss of visibility of a portion of what is a transitory and ephemeral feature would not likely result in an adverse impact. As part of a party wall, it was reasonably expected that one day an adjacent building would be constructed. However, the following measure is recommended: Prior to construction, the Kaplan Chen Kaplan 14 April 20, 2006 80A-93 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California ghost billboard on the west wall of the Semi-Tropic Hotel building should be photographed using Historic American Building Survey (NABS) Level II type documentation. In addition, to these archival quality black and white photographs, a set of color photographs should be taken. The documentation should also include a brief written report on the historic use of building walls for advertising and signage (a practice that is currently banned or regulated by city governments). These documents should be compiled into a report that will be deposited at the Santa Ana Public Library History Room. Copies of the report should also be deposited with the City of Santa Ana Planning Department. Implementation of the above as a mitigation measure would reduce any potential adverse impact to this single transitory feature (only one aspect of the existing building) to a level of insignificance. In conclusion, the proposed Courthouse Lofts Project is designed within the height envelope of the existing Downtown Historic District whose character is defined by a predominant building height and style (two-story, Spanish Colonial Revival). The Historic District includes buildings between one and six stories high, sited on either single or multiple joined lots, and designed over a 40-50 year period in a wide variety of styles (from Victorian to Moderne). The proposed project, as new construction on a vacant lot, will not remove any contributing historic building from the district. The proposed building is designed to accommodate the transitory feature, the ghost billboard advertisement, on the party wall of the adjacent Semi-Tropic Hotel. However, a portion of the ghost billboard will be obscured since it is on a party wall. The ghost billboard has been fading over time, as is the nature of images meant to be transitory, but as a feature that is reminiscent of an earlier age, a report documenting (by photographs and narrative) the extant image should be prepared before construction activities occur. The proposed Courthouse Lofts Project is an infill structure that is compatible with the existing Historic District. It complies with the Secretary of the Interior's Standards and will not result in any adverse impact to the designated Santa Ana Downtown Historic District. . Kaplan Chen Kaplan 15 April 20, 2006 80A-94 Historic Resource Impacts Courthouse Lofts Project References 320 West Fourth Street Santa Ana, California City of Santa Ana Planning documents including: Santa Ana Downtown Historic District National Register Nomination (1984); 2001 Historic Resources Survey Update; Santa Ana Register of Historic Properties Grimmer, Anne E., and Kay D. Weeks. The Secretary of the Interior's Standards For Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings. Washington, D.C.:U.S. Department of the Interior, National Park Service, Heritage Preservation Services. 1991 Longstreth, Richard. City Center to Regional Mall: Architecture, the Automobile, and Retailing in Los Angeles, 1920-1950. Cambridge, MA: The MIT Press. 1997 Longstreth, Richard. The Buildings of Main Street: A Guide to American Commercial Architecture. Washington, D.C.: The Preservation Press. 1987 Weeks, Kay D. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Washington, D.C.: U.S. Department of the Interior, National Park Service, Historic Preservation Services. 1995 Whiffen, Marcus and Koeper, Frederick. American Architecture, Volume 2: 1860-1976. Cambridge: The MIT Press. 1981 Kaplan Chen Kaplan 16 April 20, 2006 80A-95 Historic Resourcelmpacts Courthouse Lofts Project Appendix A: Maps and Documents $n .~ sTN sr ~ wror~iec L 1 BOUIOARY us 320 West Fourth Street Santa Ana, California sTHSr ~ _ '~ ~ ~ ~ 3TN ST I ~ n ~1 ®( ~~ w s ' ~rS- ~ ":'. to ~ J~;tet~ 6TN ST ill STN ST P ~~, --I- i I_-~ I IRUBT ,R~sr ,.o I < ,, . ,. ' =-- ~ 1 ]NO ST I , swo ST I I I... ~ ~>y 1ST ST igT ~/ -1 .m «n un ALL RIGHTS cNlcceneioR GNIC CBRBt' gVIC CENf6tp 1 q ~q ~ .~_~ ~ 1 -_---_ ~ sr ANA e~w ISTN St) Map of Downtown Historic District in Santa Ana. Project site is on south side of Fourth Street, just east of Birch Street. Kaplan Chen Kaplan 17 April 20, 2006 ~ 80A-96 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California Kaplan Chen Kaplan 78 April 20, 2006 80A-97 Historic Resourcelmpacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, Callfomia Kaplan Chen Kaplan 19 April 20, 2006 80A-98 2. South side of the 200 block of West Fourth Street looking east. Note mix of building heights. Historic Resource Impacts Courthouse Lofts project 320 West Fourth Street Santa Ana, California ing Kaplan Chen Kaplan 20 April 20, 2006 80A-99 Historic Resource Impacts Courthouse Lofts project 320 West Fourth Street Santa Ana, California Kaplan Chan Kaplan 21 April 20, 2006 80A-100 Historic Resource Impacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, California Kaplan Chen Kaplan yp April 20, 2006 80A-101 fh side of 300 block of West Fourth St. Historic Resource Impacts Courthouse Lofts Protect 320 West Fourth S[reet Santa Ana, California Kaplan Chen Kaplan 23 April 20, 2006 80A-102 Historic Resourcelmpacts Courthouse Lofts Project Kaplan Chen Kaplan 24 80A-103 szo west Fourth sweet Santa Ana, California April 20, 2006 Historic Resource Impacts Courthouse Lofts Project 320 West Fourth Street Santa Ana, California ~ ~. and 14. West End Theater at 322-326 West Fourth Street. Infill lot is just east of Theater. Kaplan Chen Kaplan 25 April 20, 2006 80A-104 ( , ,~ Historic Resource Impacts Courthouse Lofts Project Kaplan Chen Kaplan 26 80A-105 320 West FouRh Street Santa Ana, California April 20, 2006 Historic Resource Impacts 320 West Fourth Street Courthouse Lofts Project Santa Ana, California 4TH ST ELEVATION EAST ELEVATION - Proposed project side elevation showing alternate stepping back at upper floors. Fourth Street is on the right in drawing above. Kaplan Chen Kaplan 27 April 20, 2006 80A-106 Proposed project Fourth Street (north) elevation. Historic Resourcelmpacts Courthouse Lofts Project ~ ..-~ ,~. y •~ ~ t ~~_~ „. 320 West Fourth Street Santa Ana, California \~+wa '~~r^w ~~~ `m ~uw k v e 1' ~Y..: l~ COURTHOUSE lO FTS, SANTA ANA URl~rv s WfST ~ 5'RAiFG~ES v~~mww~w~ Proposed project rendering illustrating vertical scheme without stepping at upper floors. Simpler massing as shown may be preferable. Kaplan Chen Kaplan 28 80A-107 Apri120, 2006 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 80 (SD-80) AND REZONING THE PROPERTY LOCATED AT 320 WEST FOURTH STREET FROM CENTRAL BUSINESS - ARTIST'S VILLAGE (C3-A) TO SPECIFIC DEVELOPMENT NO. 80 (SD-80) (AA NO. 2006-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of the amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80), Conditional Use Permit No. 2006-14 to allow alive-work community and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as conditioned. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. C. On January 22, 2007, the Planning Commission recommended that the City Council approve and adopt the amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 80A-108 D. The amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04, Conditional Use Permit No. 2006-14, and Site Plan Review No. 2006-07 came before the City Council of the City of Santa Ana for a public hearing February 5, 2007, and at that time considered all testimony, written and oral. E. Amendment Application No. 2006-04 has been filed with the City of Santa Ana to adopt Specific Development No. 80 (SD-80) and to rezone the property located at 320 West Fourth Street from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80). (AA No. 2006-04) F. SD-80 would allow on the first floor retail and service uses; fine art galleries which may include a studio as an ancillary use; fiber art galleries which may include a studio as an ancillary use; photography studios; printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); Ceramic and pottery studios (with a Conditional Use Permit); and cyber cafes (with a Conditional Use Permit). On the floors above the first floor, SD-80 would allow professional and administrative offices, design professionals, but excluding medical, dental and massage therapy offices; fine art studios; fiber art studios; photography studios; multiple-family dwellings (with a Conditional Use Permit); live-work communities (with a Conditional Use Permit); printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); and ceramic and pottery studios (with a Conditional Use Permit). G. Amendment Application No. 2006-04 is consistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 3.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. H. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 320 West Fourth Street is consistent with the purpose of the general plan. The City Council also adopts as findings all facts presented in the Requests for Council Action dated February 5, 2007 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. J. The resolution approving and adopting the amended Mitigated Negative 80A-109 Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-234 which came before the City Council on February 5, 2007. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 320 West Fourth Street is hereby reclassified from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80). (AA No. 2006-04) Amended Sectional District Map number 12-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 3. Specific Development No. 80 (SD-80) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney 80A-110 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 80A-111 EXHIBIT A TO FOLLOW 80A-112 Specific Development Plan No. 80 Section 1. Applicability of Ordinance The specific development zoning district for amixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria for a development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following • Permitted uses. • Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. • Maximum authorized intensity. • Signage provisions. • Refuse collection. • Utility requirements. Exhibit B Specific Development Plan No. 80 Page 1 of 8 80A-113 Section 3. Objectives The objectives of SD-80 include provisions of the following: • Along-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. • A landscaping plan that is complementary to amixed-use development and sensitive to the surrounding community. A visually harmonious development as viewed both internally and externally. • A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian- friendly qualities of the Downtown. • A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. • A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: Specific Development Plan No. 80 Page 2 of 8 80A-114 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Building Density/Intensity for dwelling units live/work community units or commercial tenant spaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement. 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. Specific Development Plan No. 80 Page 3 of 8 80A-115 B. Setbacks. 1. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. 3. Side (east). The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. 4. Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. C. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. Specific Development Plan No. 80 Page 4 of 8 80A-116 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. D. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. E. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six-hundred (1,600) gross square feet or less. . b. Two (2) parking spaces for each unit with a size of one-thousand, six-hundred and one (1,601) gross square feet up to three- thousand, two-hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three- thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1)(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: Specific Development Plan No. 80 Page 5 of 8 80A-117 80A-118 1. A minimum of afive-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1. Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the facade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. Specific Development Plan No. 80 Page 6 of 8 80A-119 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1)(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. signage A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by AB239 or City of Santa Ana Ordinance and that determined by the Planning Division. Specifc Development Plan No. 80 Page 7 of 8 80A-120 Section 9. Telephone, Electrical, Water, Gas, and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters. Specific Development Plan No. 80 Page 8 of 8 80A-121 KO - 1 /30/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2006- 07 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2006-14 AS CONDITIONED FOR LIVE-WORK COMMUNITY FOR THE PROPERTY LOCATED AT 320 WEST FOURTH STREET WHICH IS WITHIN SPECIFIC DEVELOPMENT NO. 80 (SD-80) 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. Applicant is requesting approval of the amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234, Amendment Application No. 2006-04 rezoning the property from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80), Conditional Use Permit No. 2006-14 to allow alive-work community, and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. On September 25, 2006, the Planr' mission held a duly noticed public hearing and unanimously ~~ mend that the City Council: 1. Approve and ado ~tive Declaration and Mitigation Monit- ~~ ~I Review No. 2004- 234. a 2. Adopt an ordinan~ ,ration No. 2006- 04. 3. Adopt a resolution app. ~ Review No. 2006-07 as conditioned. 4. Adopt a resolution approving .,onditional Use Permit No. 2006-14 as conditioned. C. On January 22, 2007, the Planning Commission recommended that the Resolution No. 2006- Page 1 of 11 80A-122 City Council approve and adopt the amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. D. The amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04, Conditional Use Permit No. 2006-14, and Site Plan Review No. 2006-07 came before the City Council of the City of Santa Ana for a public hearing February 5, 2007, and at that time considered all testimony, written and oral. E. Conditional Use Permit No. 2006-14 has been filed with the City of Santa Ana seeking to allow alive-work community for the property located at 320 West Fourth Street. 1. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. 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 new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. ii. 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 residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming Resolution No. 2007- Page 2 of 11 80A-123 traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development No. 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscape, seating, seat walls, and water feature. The proposed project meets the intent of live/work projects that are allowed via C3-A zoning. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the City's economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. Resolution No. 2006- Page 3 of 11 80A-124 F. Site Plan Review No. 2006-07 has been filed with the City of Santa Ana seeking to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. Section 2. The City Council has reviewed and considered the information contained in the initial study and the amended mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2004-234, prepared with respect to this Project. The City Council 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 City Council 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 City Council hereby certifies and approves the amended 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 City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 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 City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2006-07 as conditioned in Exhibit "A" attached hereto and incorporated herein and Conditional Use Permit No. 2006-14 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 5, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 4. This Conditional Use Permit and Site Plan Review is expressly conditioned upon adoption by the City Council of an Amendment Application rezoning the property located at 320 West Fourth Street from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80) (AA No. 2006-04). The rights of the applicant under this Conditional Use Permit and Site Plan Review shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Resolution is null and void and of no effect. Resolution No. 2007- Page 4 of 11 80A-125 ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006- Page 5 of 11 80A-126 Conditions for Approval for Site Plan Review No. 2006-07 Site Plan Review No. 2006-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip Or t0 exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division 1. Site Plan Review No. 2006-07 shall become void at such time as Conditional Use Permit No. 2006-14 becomes void pursuant to the Santa Ana Municipal Code, Chapter 41. EXHIBIT A Resolution No. 2007- Page 6 of 11 80A-127 Conditions for Approval for Conditional Use Permit No. 2006-14 Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior 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 revocation of the conditional use permit. B. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91). 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 buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the architecture. 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled showers enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. Exhibit B Resolution No. 2006- Page 7 of 11 80A-128 6. Prior to issuance of building permits, size specifications and details regarding each unit's access to elevators, shall be provided to the Planning Division. 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. 9. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. i. The site restrictions regarding the turning radius into the garage area. j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. I. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. Resolution No. 2007- Page 8 of 11 80A-129 o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non-reflective, safety material. 15. Prior to issuance of building permits, specifications and details of the rollup window covers shall be provided to the Planning Division for review and approval. 16. Prior to issuance of building permits, the exterior building amenities, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. Resolution No. 2006- Page 9 of 11 80A-130 19. Prior to issuance of building permits, details regarding each unit's access to the roof deck, as well as elevator specifications, shall be submitted for review and approval by the Planning Division. 20. Prior to issuance of building permits, details of the building's security feature for visitors to contact individual units for entry shall be submitted to the Planning Division and Police Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of building permits, submit a plan for review indicating the location of all water heaters. These mechanical items are to be within the footprint of the building. 24. Prior to issuance of building permits, submit a Historic American Building Survey (NABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building facade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. Resolution No. 2007- Page 10 of 11 80A-131 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right-of-way. Should the mirror be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's fagade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. Resolution No. 2006- Page 11 of 11 80A-132 Won Cha 314 West 4th St Santa Ana, CA 92701 Tel: 714-647-0536 Fax: 714-647-0218 Email : wonpluscorp@yahoo.com January 30, 2007 Mr. Vincent Samiento -Council Member 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 REF: REQUEST TO POSTPONE THE PUBLIC HEARING FROM PROJECT 320 W. 4TH STREET Dear Mr. Samiento: Thank you for your notice of public hearing on February 5"' 2007 related to the Amended Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review NO. 2004-234, adopt an ordinance approving Amendment Application No. 2006- 04 related to the New Building project located at 320 W 4`h Street, Santa Ana, CA 92701. I would highly appreciate if you could postpone the Public Hearing since I would like to have more time for my attorney to do all the research and study necessary to prove to the Council Members about the critical situation. It is hard to imagine what benefits the City of Santa Ana would get from this plan, as well as our community as whole. Please, reconsider the situation and I look forward to discuss this matter at the council members pretty soon. Would you please give me a call at my cell phone number 714-474-5550 to let me know if you could postpone or not this public hearing. Thank you in advance for your kind concern. Sincerely, ~~ Won Cha 80A-133 80A-134 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: FEBRUARY 5, 2007 TITLE: APPROVAL OF RELOCATION AND REPLACEMENT HOUSING PLANS FOR WILSHIREfMINNIE APARTMENTS Ci ~~; , CITY MANAGER EX CUTIVE RECTOR RECOMMENDED ACTION CITY COUNCIL 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 70 FILE NUMBER Adopt a resolution approving the Relocation Plan for the residential property located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie. COMMUNITY REDEVELOPMENT AGENCY Adopt a resolution approving the Replacement Housing Plan for the residential property located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of January 16, 2007, the Community Redevelopment and Housing Commission voted 5:1 (Turner, NoJ on the following recommendations. CITY COUNCIL Recommended that the City Council adopt a resolution approving the Relocation Plan for the residential property located at 1201, 1209, 80B-1 Approval of Relocation and Replacement Housing Plans for Wilshire/Minnie Apartments February 5, 2007 Page 2 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie. COI~1[JNITY REDEVELOPMENT AGENCY Recommended that the Community Redevelopment Agency adopt a resolution approving the Replacement Housing Plan for the residential property located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1925, 1429, 1433, 1437, and 1439 South Minnie. DISCUSSION On December 18, 2006, the City Council and the Community Redevelopment Agency authorized the preparation and execution of loan agreements with Wilshire/Minnie, L.P. for the acquisition and rehabilitation of seventeen properties located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie (Exhibit 1). The project currently has 164 one-bedroom units. After the reconfiguration, there will be 144 units with a mix of one, two, three, and four bedroom sizes. Permanent relocation of approximately 55 households will be necessary because of the reduction in units due to the reconfiguration and income restrictions required by the Low Income Housing Tax Credit Program. The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The attached Relocation Plan (Exhibit 2) addresses this displacement and has been prepared in accordance with the Code. Additionally, the Code requires the Agency to adopt, by resolution, a replacement housing plan whenever it destroys or removes dwelling units from the low- and moderate-income housing stock. Among other things, this replacement housing plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 3) has been prepared for the property in accordance with the Code. 80B-2 Approval of Relocation and Replacement Housing Plans for Wilshire/Minnie Apartments February 5, 2007 Page 3 ENVIRONMENTAL COMPLIANCE In accordance with the National Environmental Policy Act and the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption No. ER 2006-203 has been filed for this project. FISCAL IMPACT Funds are available in the HOME Program account in the amount of $2.4 million (account no. 130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $8.1 million (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. dwards Francisco Gutierrez Assistant Director Executive Director r" ;~ Community Development Agency Finance and Management Services Agency SGH/SLB/mlr H:\ACTIONS\2007 CC\JT CC-CRA AppReloc&ReplaceHsgPlansWilshire-MinnieApts 2-5-07.doc 80B-3 . _. - - w W ... _.. a i r w 3 w ~. _. N OXFORD STREET it ...._._ . L f GRIFFITH PLACE ',. '.. _. WILSHIRE AVENUE WILSHIRE ~MAVENUE 19~y ""~ . _... _.. -- z W w ~, ., "• isix~ ~ ~ ~ ~ _._ ~ W .h^^1 y:Y.. ..._.... . ~._. Q i~{Q$ . UI ` e i~~l~ ' rat ~ w _ _. r~~ -- - - m sad : _. ~~~ z`~ ',. ~~ ~ g ~+l~7 u' BORCHARD AVENUE WILSHIRE AVE NUE W F ' "`r ~ ~' ~ i N L _..... w ._. __... LL __. _. Q fp EORCHARD AVENUE p I I Z a ~ ~ I -- ~ i ..__ _..._....... MADISON AVE. ',, i EDINGER AVENUE - ~ n n r--~-~ r-- n Exhibi# 1 80B-4 RELOCATION PLAN FOR THE LITTLE MINNIE STREET PROJECT PREPARED FOR WILSHIRE 8c MINNIE, L.P. AND THE CITY OF SANTA ANA BY OVERLAND, PACIFIC 8c CUTLER, INC. JANUARY 3, 2007 Exhibit 2 80B-5 INTRODUCTION ............................................................. 1 I. PROJECT LOCATION AND DESCRIPTION ....................... .......... 2 A. LOCATION ............................................ .......... 2 B. PROJECT NEIGHBORHOOD CHARACTERISTICS ........... .......... 3 C. PROJECT DESCRIPTION ............................... .......... 5 11. ASSESSMENT OF RELOCATION NEEDS ........................ .......... 6 A. METHODOLOGY ....................................... .......... 6 B. SURVEY RESULTS ..................................... .......... 6 1. Occupancy ...................................... .......... 6 2. Householdlncome ................................ .......... 6 3. Demographic Summary ............................ .......... 7 4. Profile of Potentially Displaced Residents .............. .......... 8 III. HOUSING RESOURCES ................................................ 9 IV. THE RELOCATION PROGRAM ......................................... . 10 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES .......... . 10 B. RELOCATION ADVISORY ASSISTANCE ........................... . 11 C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) ................ . 12 1. Temporary Displacees ..................................... . 13 2. Permanent Displacees ..................................... . 13 3. Summary ............................................... . 17 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS .. . 17 E. LAST RESORT HOUSING ....................................... . 18 F. IMMIGRATION STATUS ......................................... . 19 G. RELOCATION TAX CONSEQUENCES ............................. . 19 H. GRIEVANCE PROCEDURES ..................................... . 20 I. EVICTION POLICY ............................................. . 20 J. PROJECTED DATES OF DISPLACEMENT .......................... . 21 K. CITIZEN PARTICIPATION ....................................... . 21 L. ESTIMATED RELOCATION COSTS ............................... . 21 80B-6 Table 1: Project Neighborhood Amenities ............................... .......... 4 Table 2: Distribution of Households by Family Size ........................ .......... 6 Table 3: Income Levels .............................................. .......... 7 Table 4: 2000 Census Population -City of Santa Ana 8 Tract 744.03 ......... .......... 7 Table 5: Rental Unit Availability and Cost by Bedroom Size ................. .......... 9 Table 6: Schedule of Fixed Moving Payments ............................ ......... 14 Table 7: Example Computation of URA Rental Assistance Payments ......... ......... 15 Exhibit A: HUD Income Limits -Orange County Exhibit B: Notice of Non-Displacement Exhibit C: Plan Addendum (Public Comments & Response to Public Comments) 80B-7 The following relocation plan (the Plan) has been prepared for submission to the Redevelopment Agency of the City of Santa Ana (the Agency) in conformance with the applicable provisions of the California Relocation Assistance Law (California Government Code Section 7260 et seq.), the Relocation Guidelines (California Code of Regulations Title 25, Chapter6) and Handbook 1378 of the United States Department of Housing and Urban Development (HUD). The subject of the Plan is the rehabilitation ofmulti-family apartment units at 1201-1229 East Wilshire Avenue and 1425-1439 Minnie Street in Santa Ana (the Project) being undertaken by the Wilshire & Minnie, L.P. (the Developer). The Project involves the rehabilitation of 17 apartment buildings and reconfiguration of certain units to create larger sized dwellings in a densely occupied and highly impacted residential area of South Santa Ana. Funding being used to complete the rehabilitation will be from Tax Increment, HOME, and Developer funds. The statutory basis for this Plan arises from the anticipated need to displace households temporarilyoron apermanent basis subjectto qualifying occupancyand income standards to return to the rehabilitated units. The Plan is presented in 4 Sections: Section I: Project description and general demographic data Section II: Profile of tenants who may be displaced Section III: Description of available housing resources Section IV: Description of the relocation assistance program The Plan has been prepared by Overland, Pacific & Cutler, Inc. (OPC) for Wilshire & Minnie, L.P., who is responsible for submitting a plan to the Agency. Prepared by Overland, Pacific F~ Cutler, Inc. Page 1 80B-8 I. PROJECT LOCATION AND DESCRIPTION A. LOCATION The Project is located at the northeastern corner of Standard Avenue and Wilshire Avenue in the City of Santa Ana, encompassing all properties along Wilshire Avenue and northern apartment complexes on Minnie Street, to the west of Interstate 5 Freeway and State Route 55. The Project is generally bounded by East McFadden Avenue to the north, East Borchard Street to the south, South Grand Avenue to the east and South Standard Avenue to the west. (see Figures 1 and 2). ~-b• 4oI1N Cse ~( ~YYOw lul ~~ _. LYrowmee L O S N G E L yke. N-lertl~Mey N~Y~e R:. -..__.~~ ° YA ~YMiusote YUSy WeMRe d e Putlele 0 otixb OYIp 87. oMUeMer w~~r r-. Ne1pYe . Ye1M Loe Serrano YMIIYIere ... .. .___... i Xabe .~ Br. -'.. _. ~ MOII }+YSisa 1 [ A L 1 F-~O R N I G ~e nOe LYMe ~ 1(' ... d0 ..... m0i ~.ca FVaEOpI®.,. ~YSertle ~~® N Nq iQ u ~FYMw arl~ aomnrwm S A N B F R N A R D I N C I.te aPodeY NwFBYe, E W llcoln A. ® ~ n. ~ laYe MAbpvr e~~e FIVER fNlJB11~ O ar .wale-ell .bibs Ave SSe1G Ane® ~~ Sae PeROBay ~ d Nb,s.Aw. FautlYr ~~ ~ o f ei ^ R A ,E '; aro avn H ~ N a ~ 'Pn •~ y ~ 4lewluW ~ m" 'a ® IYtiawl ® CoYla Yoke *. Ol' ~ Lrrs ~ Rswlo SerM le b~ ..:flap Mc NelFOwl° eh1p i l ~ Oul'afSnla eeWne Lplew lees »~ ~`4~'• L N yf; 9 ii rLasur eew co I ht®]BB MiP soa CBrFeONOrds au Iers Al n Ms RSehxa: - ia rigors I: xegional rro~ect t,ocatlon Prepared 6y Overland, Pacific fd Cutler, Inc. Page 2 80B-9 Relocation Plan or the Little Minnie Street Project Santa Ana _ i ~ E McFadden Ave " ~ °1 rn o' 4 Ave ~ Sl m Oxford St 0 I GdRth PI Pro cMbn ffi ~ is i w Sarna Ana y ~ E Wilshire Ave E Elder Ave rn F saran E B0`~'a'0 A4s ~ ~.~~ serna nne E Borchard qve E rn e ~~ Aye v ~ d ~ _ -E. Etlinger. AVe c F yya~~ ~ f v, ¢' T ~ ~ ~. ~ c mane St = a Co Ihl®4005 Microsoa COr andlarits su Ilers. All ri mreservetl. rfgure Z: Yro~ect Site Location B. PROJECT NEIGHBORHOOD CHARACTERISTICS The Project is located in the high density residential area of the City of Santa Ana, close to schools, shopping and with easy access to the I-5 Freeway and State Route 55. Table 1 lists some neighborhood amenities and their distance from the Project. Prepared by Overland, Paafic fd Cutler, Inc. Page 3 80B-10 _ Relocation Plan for the Little Minnie Street Project Santa Ana .Table 1: Project Neighborhood Amenities Facility Miles from Project Medical • Pacific Medical Clinic ~,~ • Medical Center of Santa Ana ~.2 • Tustin Hospital 1.5 School • Madison Elementary p,f • Kennedy Elementary 0.3 • Century High School 0.3 • Lathrop Intermediate School O,g • Cesar E. Chavez High School f,p • Currie a G Middle School t.7 Library • Orange County Public Library O,g • Tustin Branch Library 22 Entertainment • Santa Ana Zoo ~,~ • Fiesta Twin Theatre t,q • Marconi Automotive Museum ~.6 • Bowers Museum of Cultural Arl 2.5 • Edwards Brislol IV Cinema 2.8 Community • Delhi Community Center t.2 Center • Southwest Senior Citizen Center 7,g • EI Modena Community Cenler q,g Police/Safety • South District Police t,g • Tustin Police Department 2.3 Shopping • Stater Bros Markets O,Z • 7-Eleven 0 2 • Nun Brothers Markel 0.3 • Metro Town Square 2.9 • South Coast Plaza 3.3 Transportation • Amtrak -Santa Ana t.s • Greyhound -Santa Ana ~,5 • Amtrak -Anaheim 6 q • Greyhound -Anaheim 6.6 Prepared by Overland, Pacific Fi Cutler, Inc. Page 4 80B-11 _ Relocation Plan for the Little Minnie Street Project Santa Ana C. PROJECT DESCRIPTION The Developer is proposing to rehabilitate the 17 Project buildings and will undertake all needed improvements to the individual units, up to an entire floor at a time. Interior rehabilitation activities will include replacement of major kitchen appliances, new paint and bathroom enhancements as well as replacement of floor coverings, doors and windows as well as reconfiguration tocreate units with larger living space and more bedrooms. Exterior improvements will include the addition, repair or replacement of roofs, staircases, balconies, landscaping, water heaters, decking, trash enclosures, parking lots and building facades. The rehabilitation and construction cycle will last between six weeks to two months per phase and the construction is expected to begin immediatelyfollowing theAgencyapproval and close of escrow in summer of 2007. As a result of the rehabilitation, residents will be required to move temporarily from their units. Upon completion of the rehabilitation, residents will be able to return to a rehabilitated unit in the building/complex if they qualify based on the income restrictions to be imposed to the newly constructed and renewed units. Households exceeding the criteria of 60% of median income will be required to relocate permanently and may be eligible for relocation assistance consistent with the applicable relocation law. Prepared IrY Overland, Pacific £r Cutler, Inc. Page 5 80B-12 A. METHODOLOGY To obtain information necessary for the preparation of this Plan personal interviews were conducted with 135 of 152 occupied households, followed up by efforts to compare gathered information to the data provided by the Developer's property management staff. Data forthis Plan are accurate as of January 3, 2007. Seventeen households could not be reached despite several attempts and the Developer's information, when available, was used for preparation of this Plan. Eleven units were confirmed vacant at the time of the interviews and one unit is and will remain an office. B. SURVEY RESULTS The known resident population within the Project totals 583 individuals. Among this group, there are 392 adults and 191 children. The 164 units included in this Plan now contain 163 rentable one bedroom apartments and one office. 1. Occupancy The breakdown of households by family size is as follows: Table 2: Distribution of Households by Family Size (~sz nousenoids)' # in Household One Two Three Four Five Six #ofHouseholds 6 17 27 58 34 10 There is an average of 3.8 occupants per unit in the Project. In accordance with the State Building Code, all households will meet the necessary occupancy standards and be able to return to a rehabilitated unit in the Project. 2. Household Income Income data were obtained from all 152 affected households. The figures below include income provided by the property management staff for the non-respondent Prepared by Overland, Pacific Fd Cutter, Inc. Page 6 80B-13 Relocation Plan or the Little Minnie Street Project Santa Ana households. According to income standards for the County of Orange (Exhibit A) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), 24 Project area households qualify as extremely low income (30% or less of median), 55 qualify as very low income (31 %-50% of median), 50 as low income (51%-80% of median), 18 as moderate income (81%- 120% of median), and five qualify as above moderate or high income (over 120% of median) as seen in Table 3 below. Table 3: MEOme Le~rels (168nouseho-ds) Extremely Low Very Low Low (below 60%) Low (above 60%) Moderate High 24 55 18 32 18 5 3. Demographic Summary The ethnic distribution in the Project is 96.7% Hispanic with Spanish reported as their primary household language in majority of households. Four households reported their ethnicity as White and one as Asian with English as their primary language. This generally resembles the rankings and pattern in the Census Tract Area but deviates from the overall Census figures for the City. Table 4:.2000 Census Population -City of Santa Ana & Tract 744.03` Population Tract 744.03 % City White 3,019 47.4% 144,425 42.7% Black or African American 46 0.7% 5,749 1.7% American Indian and Alaska Native 78 1.2% 4,013 1.2% Asian 160 2.5% 29,778 8.8% Native Hawaiian and Other Pacific Islander 11 0.2% 1,160 0.3% Some Other Race 2,690 422% 137,360 40.6% Two or More Races 370 5.8% 15,492 4.6% Hispanic or Latino (of Any Race) 5,861 92.0% 257,097 76.1 Preyared by Oaerland, Pacific tb Cutler, ]ne Page 7 80B-14 Relocation Plan {or the Little Minnie Street Project Santa Ana 4. Profile of Potentially Displaced Residents Funding source requirements limit occupancy in the Project to those households which earn less than 60% of the median income standard adjusted for family size as established bythe United States Department of Urban Development (HUD) (See Exhibit A). Based upon the most currently available tenant income data, there are 55 households whose income exceeds the permitted limit. Of the 55 households to be permanently displaced for not meeting the qualifying income criteria to return to the rehabilitated Project units, 40 will need aone- bedroom replacement unit and 15 will be referred to the two-bedroom units based on a typical occupancy standards allowing up to four persons in cone-bedroom and up to six people in atwo-bedroom unit. The longest known tenure of the 55 potentially permanently displaced households in the Project is 10 years with most households residing in the project between one and three years. There are no senior households (head of household 62 years or older) nor any reported disabilities that could affect the relocation process. When asked, most of the respondents prefer to remain in the Santa Ana neighborhood to remain closeto employment and schools children attend. Alternate communities mentioned were Anaheim, Tustin, Garden Grove and Corona. Prepared by Overland, Pacific £+ Cutler, Inc. Page 8 80B-15 Rehabilitation work in the Project will result in the need to temporarily displace residents from their units. Temporary relocation needs will be met by utilizing available on-site units. The Developer anticipates that all households will be accommodated on-site and no temporary units off-site will be required. Additionally, 55 households exceed the income criteria to return to the Project once the units are rehabilitated. A survey was conducted during the month of December 2006 to determine the availability of rental housing resources within the City of Santa Ana. The results, summarized below, indicate the number of found units by bedroom size, the cost range in each category and median market rent for each category. Housing availability is not expected to be a factor in the relocation process, given the balance between needs and available resources. Table 5: ,,.Rental Unit Availability and Cost by Bedroom Size 1 bedroom 2bedroom 3 bedroom Found 143 47 18 Rent Range $500-$1,160 $935-$1,275 $1,395-$1,600 Market Median Rent $900 $1,100 $1,450 Since it is anticipated that all temporary housing needs will be met by utilizing the on-site units, it is expected that there will be more than adequate resources to house the 55 potentially permanent relocatees. Concurrent Displacement There are currently no known public projects within the City of Santa Ana that would compete with the Little Minnie Street Project for the available existing market housing opportunities. Prepared by Overland, Pacific fa Cutler, Inc. Page 9 80B-16 The relocation program and assistance offered by the Developer will conform to provisions of the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, thefederal Uniform RelocationAssistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES 1. Fully inform eligible project occupants of the nature of, and procedures for obtaining relocation assistance and benefits, including the date and approximate duration of temporary relocation. 2. Determine the needs of each residential displacee household eligible for assistance. 3. Provide an adequate number of referrals with addresses to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and supply information concerning the terms and conditions under which the tenant may lease and occupy said housing. 4. Assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate. 4. Provide assistancethatdoesnotresultindifferent,orseparatetreatmentdue to race, color, religion, national origin, sex, sexual orientation, marital status, or other arbitrary circumstances. 5. Supply information concerning federal, and state housing programs and other governmental programs providing assistance to displaced persons, as needed. Prepared by Overland, Pacific & Cutler, Ittc. Page 10 80B-17 _ Relocation Plan for [he Little Minnie Stseet Project Santa Ana 6. Assist each eligible person to complete applications for benefits. 7. Make relocation benefit payments in accordance with State and HUD guidelines. 8. Inform all persons of the Developer's property management policies including criteria for pursuing tenant evictions. B. RELOCATION ADVISORY ASSISTANCE As a function of the overall relocation assistance program, technical and advisory assistance will be provided to all residents by Agency staff, the Developer and contracted relocation representatives. The following services and tasks will be undertaken: 1. Each displaced household will be personally interviewed to gather information appropriate to determine needs and preferences with regard to the replacement of existing accommodations. Inquiries made of residential occupants by relocation personnel will cover the following areas: family size, ethnic background, immigration status, age and health considerations, current employment status, family income, transportation needs, and preferences relative to replacement housing. 2. Non-displaced residents will be provided a formal Notice of Non- Displacement (see Exhibit B). Permanent displacees will be referred to the Agency personnel to determine possible eligibility for assistance under the Section 8 Program. 3. As soon as feasible, the relocation representative shall explain the relocation payments and other assistance forwhich households and individuals maybe eligible, including related eligibility requirements and the procedures for obtaining such assistance. 4. Assistance will be provided to complete rental application forms and coordinate move-in arrangements. Temporary displacees will be kept informed of project timing and receive appropriate notice to prepare for Prepared by Overland, Pacific £> Cutler, lnc. Page 11 80B-18 _ Relocation Ptan or the Little Minttie Sfreet Project Santa Ana required moves. Claims for compensable expenses associated with the temporary displacement process will be processed expeditiously. 5. Special assistance in the form of referrals to governmental and social service agencies will be made, as appropriate. 6. Bilingual (Spanish-English) assistance will be provided, as needed. C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) Relocation benefits will be offered to all households temporarily or permanently displaced in accordance with the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1,1998, the federal Uniform Relocation Assistance and Real Property Acquisition PoliciesAct of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. Benefits will be paid to eligible displaced persons upon submission of required documentation in accordance with approved procedures. Eligibility requirements and benefit plans will be discussed with all temporary and permanent displacees. In the course of personal interviews and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to housing choices and potential financial assistance. The Developer will process advance payment requests in order to alleviate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month's rent and/or security deposits. Requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. The relocation process includes: household interviews; needs analyses; appropriate replacement housing referrals; preparation and service of appropriate notices; file documentation, eligibility determinations, processing of claims; moving coordination; and other general services intended to assist displacees. Prepared lry Overland, Pacific £~ Cutler, Ittc Page 12 80B-19 _ Relocation Plan or fhe Little Minnie Street Project Santa Ana 1. Temporary Displacees Temporary displacees will be entitled to compensation for all reasonable out-of- pocketexpenses incurred in connection with the temporary relocation including, but not limited to, the cost of moving to and from the temporarily occupied unit, furniture storage, utility connection charges, and any increase in housing costs, if any. 2. Permanent Displacees a. Residential Moving Expense Payments All residential occupants to be relocated will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room- count schedule. i. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Developer in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition to the actual move, costs associated with utility re-connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. ii. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in (a), above. Prepared 6y Overland, Pacific Fy Cutter, Inc. Page 13 80B-20 Relocation Plan for the Little Minnie Street Project Santa Ana At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenants own personal property, is $625 including all utility connections at the replacement location. The current schedule for fixed moving payments is set forth in Table 6 following: Table 6: Schedule of Fixed Moving Payments (effective s-15-o5) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 b. Rental Assistance To qualify for a rental assistance payment, tenants who are permanently displaced must have legally occupied their Project residence for a minimum of 90 days prior to the Developer's acquisition of the property. To be eligible to receive the rental assistance benefits the displaced tenant households have to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Tenants who occupied the property less than 90 days and have not occupied the property for the sole purpose of obtaining benefits, may be entitled to benefits under Last Resort Housing provisions. Prepared 6y Overland, Pacific £~ Cutler, Ine Page 14 80B-21 Relocation Plan for the Little Minnie Street Project Santa Ana Based upon the available data regarding Project displacees, the permanently displaced households may qualify and may be eligible to apply for relocation benefits under URA provisions. Utility allowance amounts are based upon the standards of the local housing authority for a similar type dwelling unit assuming services include gas, water and electric utilities. Table 7 portrays the benefits determination under the URA: Table 7: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent, plus Utility Allowance or 2. Ability to Pay $700 30% of the Gross Household Income 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Renf including Utility Allowance or 5. Comparable Rent $775 Determined by Authority; includes Utility Allowance 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $700 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 by 42 months Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. Prepared by Overland, Pacific Fa Cutler, /nc. Page75 80B-22 Relocation Plan for the Little Minnie Streei Project Sattta Ana The base monthly rent for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period priorto displacement, as determined by the Developer. For owner-occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or (ii) Thirty percent (30%) of the displaced person's average, monthly gross household income if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Exhibit A. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. c. Downpayment Assistance The displacee household may opt to apply the entire benefit amount they are eligible for toward a purchase of a replacement unit (Guidelines 49 CFR 24.4O2(b) and HUD 1378). Permanently displaced households, who choose to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. Provision shall be made in the escrow arrangements for the prompt return of the Developerfunds, inthe event escrow should fait to close within a reasonable period of time. Prepared by Oaerland, Pacific F~ Cutler, Inc. Page 16 80B-23 Relocation Plan for the Little Minnie Street Project Santa Ana 3. Summary All Project area residents will be personally informed in writing of their status as a temporary or permanent dispfacee and will be provided advance written notice of the date, approximate duration and location of the temporary dwelling to be made available. Each affected household will receive printed information concerning the benefits and assistance to which they may be entitled and the terms and conditions under which the tenant may lease and occupy a suitable dwelling in the building/complex upon completion of the project. Temporarydisplaceeswill beprovided compensation forreasonable and necessary out-of-pocket expenses. All temporary displacement needs will be accommodated on-site and should not exceed 60 days. The Developerwill make timely payments to all eligible claimants. This may include, where necessary to avoid hardship, advance payments to help secure appropriate replacement housing. D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months from the date the claimant moves from the acquired Project property. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance to OPC staff. 2. Recommended assistance amounts will be determined by OPC in accordance with the provisions of URA. 3. Required claim forms will be prepared by OPC staff for claimant signature. Prepared by Overland, Pacific fa Cutler, Inc. Page 17 80B-24 Relocation Plan for the Little Minnie StreetProject Santa Ana 4. Claims will be submitted by OPC staff to the Developer for review, approval, and payment. 5. Benefit checks will be issued to OPC for distribution to claimants. 6. Replacement housing payments to residential occupants will be issued approximately three weeks after confirmation that the Project premises have been vacated and residency at the replacement unit is verified, with final payments being made as a lump sum or possibly on a periodic basis. 7. Receipts of payment will be obtained and archived by OPC staff in individual relocation case files. E. LAST RESORT HOUSING Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required within the maximum relocation amounts provided by the applicable regulations. Specifically, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person's average monthly income. Therefore, if the Project proceeds, the Developer will authorize its funds orfunds authorized for the Project to provide housing of last resort. Due to the demonstrated number of available replacement housing resources for the occupants, as shown above in Section I II, development of a replacement housing plan to produce sufficient numberof comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute; hence, satisfying the requirement that "comparable replacement housing" be available. A permanently displaced household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when comparable replacement dwellings are not available within the monetary limits for tenants ($5,250) as specified above in Section IV, C.1.b., as well as, for tenants who fail to meet the 90 day length of Prepared by Overland, Pacific Fd Cutler, Inc. Page 1 S 80B-25 Relocation Plan for the Little Minnie Street Project Santa Ana occupancy requirement unless such tenant occupied the property for the purpose of obtaining assistance and benefits. The Developer will have the option to pay Last Resort rental assistance payments on a periodic basis or in a lump sum. Recipients of Last Resort assistance who intend to purchase rather than re-rent replacement housing, have the right to request a lump sum payment of all benefits for the purpose of making a downpayment and paying standard, non-recurring closing costs. Displacee households receiving periodic payments may elect, at any time, to request a lump sum payment of all remaining benefits to assist with the purchase of a decent, safe, and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer may elect to authorize the payment of relocation assistance benefits to any otherwise eligible displacee from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Displaced persons are encouraged, however, to consult with personal tax advisors concerning the tax consequences orsocial service providers to obtain information concerning the tax consequences associated with relocation payments. Prepared by Overland, Pacific F~ Cntler, Inc. Page19 80B-26 _ Relocation Platt or the Little Minnie Sfreet Project Santa Ana H. GRIEVANCE PROCEDURES The Developer's Grievance Policy follows the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. All displaced persons have the right to ask for administrative review concerning determinations of eligibility; relocation payment amount; the failure by the Developerto provide comparable replacement housing referrals; or, the property management practices of the Developer. I. EVICTION POLICY 1. Eviction may affect eligibility for relocation assistance and benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances Prepared by Overland, Pacific & Cutler, Inc. Page 2D 80B-27 Relocation Plan for the Little Minnie Street Project Santa Ana that cannot be prevented by reasonable efforts on the part of the Developer. J. PROJECTED DATES OF DISPLACEMENT It is anticipated that 90-day Notices-to-Vacate will be issued to the permanent displacees in summer of 2007 and the first temporary relocatees approximately 60 days later. K. CITIZEN PARTICIPATION The Developer will fully meet its obligations under the Relocation Guidelines with respect to the following activities: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 3. Distribution of a general notice concerning the availability of this Plan for public review, as required, 30 days prior to its proposed adoption. Notice recipients will include affected Project residents and all other interested parties; 4. The opportunity to submit written or oral comments concerning the Plan and to have these comments attached to the Plan when it is forwarded to the Agency Board for adoption; 5. Final review of Plan to ensure its feasibility, compliance with applicable environmental standards and compatibility with the City's General Plan and relocation guidelines. L. ESTIMATED RELOCATION COSTS The Project will be funded with a combination of local, state, federal and Developer funds. The estimate of relocation benefits is based on tenant data and current market rental rates. Prepared 6y Overland, Pacific £d Cutler, Inc. Aage 21 80B-28 Relocation Plan for the Litfle Minnie Street Project Santa Ana Estimated relocation costs for the Project are $363,000. The estimated relocation budget does not include consideration of relocation administrative services nor any related consulting services which may be necessary for the implementation of the Plan and Project. Prepared 1iJ Overland, Pacific Fi Cutler, Inc. Page 22 80B-29 80B-30 80B-31 The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Orange to define and determine housing eligibility by income level. Figures are per the Department of Housing and Community Development, Division of Housing Policy Development, March 8, 2006. HUd Income Limits - Orrapge Courtty+(2006) Fatuity Stze Extremely Low- Very 4ow , Low Moderatie 1 Person 17,050 28,400 45,450 65,800 2Person%': 19,500 32,450 51,900 75,200 3 Person 21,900 36,500 58,400 84,600 4 Person 24,350 40,550 64,900 94,000 ',5 Person 26,300 43,800 70,100 101,500 6 Person ' 28,250 47,050 75,300 109,000 7Person' 30,200 50,300 80,500 116,600 8 Person 32,150 53,550 85,650 124,100 80B-32 80B-33 zoos Dear The Wilshire & Minnie, L.P. (Developer) has submitted an application for financial assistance with the City of Santa Ana to rehabilitate the building which you occupy. This notice is to inform you that, if the assistance is provided and the building is rehabilitated, you will not be required to move permanently. Therefore, we urge you not to move anywhere at this time. (If you elect to move for reasons of your choice, you will not be provided relocation assistance.) You will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in [he same building/complex), owned by the Developer, upon completion of the rehabilitation. Ofcourse, you must comply with standard lease terms and conditions. After the rehabilitation, your initial rent, including the estimated average monthly utility costs, will not exceed the greater of (a) your current rent, or (b) 30 percent of your average monthly gross household income. Households moved to larger sized units to satisfy state occupancy standards will be charged rents at a level based upon the relocation plan prepared by Overland, Pacific & Cutler, Inc. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and any temporary increase in housing costs. As a result of the necessity for temporary relocations, the Developer is required to prepare a Relocation Plan to assess the relocation needs of those being temporarily displaced as well as to identify the relocation program that will be followed to assist in the relocation of occupants. Therefore, the Developer has retained Overland, Pacific & Cutler, Inc. (OPC) to prepare an assessment of your relocation needs. In order [o prepare this relocation plan, OPC staff will need to conduct personal interviews with you in order to prepare this Plan. Again, we urge you not to move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance is involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions or want to schedule an appointment for the personal interview, please contact Craig Justesen of Overland, Pacific & Cutler, Inc., 100 West Broadway, Suite 500, Long Beach, CA 90802-4432, telephone (562) 304-2000. Sincerely, [NAME) [TITLE] [AGENCY] 80B-34 80B-35 REPLACEMENT HOUSING PLAN Statement of Pumose and Objective This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413. The project consists of the acquisition and reconfiguration of seventeen apartment buildings. The reconfiguration will result in the removal of the following multifamily residential units: 1201 E. Wilshire units 2 and 6, 1209 E. Wilshire units 2 and 6, 1213 E. Wilshire units 2 and 6, 1221 E. Wilshire units 2 and 6, 1225 E. Wilshire units 2 and 6, 1229 E. Wilshire units 2 and 6, 1233 E. Wilshire units 2, 5, 8, and 11, 1401 S. Minnie units 2 and 8, 1439 S. Minnie units 2 and 8. These units are all one bedroom in size, and are occupied by low-, very low- and moderate-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period beginning one year before the Agency's submission of the information required under the plan and ending four years after commencement of reconfiguration. All replacement housing will be provided within four years of commencement of demolition. Before entering into a contract committing the Community Redevelopment Agency of the City of Santa Ana to provide funds for the proposed activity that will result in removal of units from the low-, very low- and moderate-income housing market the Agency will make public by publication in a newspaper of general circulation the information listed below. Project Propertv Description The affected properties are shown on the map attached as Attachment 1. Each property is listed by address with parcel number and number of bedrooms in Attachment 2. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housing Units Attachment 3 delineates by number of bedrooms the location where the replacement units are or will be located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are Exhibit 3 80B-36 being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made affordable to low-, very low- and moderate-income households. Funding Source The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the acquisition and demolition and the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant guaranteeing units remain available at affordable housing cost to, and occupied by, persons and families oflow-income, very low-income, and moderate-income households for not less than 55 years for rental units and 45 years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Compliance The replacement housing to be provided pursuant to this Replacement Housing Plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code 37001. Availability of Plan In accordance with the Community Redevelopment Law, a copy of this Replacement Housing Plan will be made available for review and comment by other public agencies, and the general public during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3`d Floor, Community Redevelopment Agency, 20 Civic Center Plaza, 6~h Floor, and in the office of the City Clerk, 8`h floor, Santa Ana, California. 80B-37 W 2 W a wl~ rn O%FORD STREET GRIFFI7H PLACE '.. WILSNIRE AVENUE z w I O w ~ ~ WILSHIRE AVENUE ~"~~T ~ ta~a w ...... F hfU9 tA7~i ._.. .. _.... ........ 142? 742a -----._-.___ _----------- w __._. Ian z _. _.. z rasa tom, BORCHARD AVENUE ,,_, n a 0 a N --{ MADISON AVE. W1LSHIRE w w x w w z a N RORCHARp AVENUE ~ n ~ r-n AVENUE AVENUE Attachment 1 80B-38 EDINGER LIST OF UNITS TO BE REMOVED A.P.N. Address Removal Bedrooms Use Date 014- 1201 E. Wilshire, 2007 One Multifamily 251-41 Unit 2 Dwellin Unit 014- 1201 E. Wilshire, 2007 One Multifamily 251-41 Unit 6 Dwellin Unit 014- 1209 E. Wilshire, 2007 One Multifamily 251-42 Unit 2 Dwellin Unit 014- 1209 E. Wilshire, 2007 One Multifamily 251-42 Unit 6 Dwellin Unit 014- 1213 E. Wilshire, 2007 One Multifamily 251-43 Unit 2 Dwellin Unit 014- 1213 E. Wilshire, 2007 One Multifamily 251-43 Unit 6 Dwellin Unit 014- 1221 E. Wilshire, 2007 One Multifamily 251-44 Unit 2 Dwellin Unit 014- 1221 E. Wilshire, 2007 One Multifamily 251-44 Unit 6 Dwellin Unit 014- 1225 E. Wilshire, 2007 One Multifamily 251-45 Unit 2 Dwellin Unit 014- 1225 E. Wilshire, 2007 One Multifamily 251-45 Unit 6 Dwellin Unit 014- 1229 E. Wilshire, 2007 One Multifamily 251-46 Unit 2 Dwellin Unit 014- 1229 E. Wilshire, 2007 One Multifamily 251-46 Unit 6 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 2 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 5 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 8 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 11 Dwellin Unit 014- 1401 S. Minnie, 2007 One Multifamily 251-48 Unit 2 Dwelling Unit 014- 1401 S. Minnie, 2007 One Multifamily 251-48 Unit 8 Dwellin Unit 014- 1439 S. Minnie, 2007 One Multifamily 251-17 Unit2 Dwellin Unit 014- 1439 S. Minnie, 2007 One Multifamily 251-17 Unit 8 Dwellin Unit Attachment 2 80B-39 LIST OF PROJECTED REPLACEMENT UNITS Parcel Address of Replacement Bedrooms Date To Re lace Re lacement APN Available 1201 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1201 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1209 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1209 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1213 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1213 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1221 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1221 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1225 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1225 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1229 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1229 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1233 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1233 E. Wilshire, 1411 N. Durant 398-522-25 One 2007 Unit 5 1233 E. Wilshire, 1411 N. Durant 398-522-25 One 2007 Unit 8 1233 E. Wilshire, 1411 N. Durant 398-522-25 One 2007 Unit 11 1401 S. Minnie, Unit 1411 N. Durant 398-522-25 One 2007 2 1401 S. Minnie, Unit 1411 N. Durant 398-522-25 One 2007 8 1439 S. Minnie, Unit 1029 S. Minnie 011-257-14 One 2007 2 1439 S. Minnie, 1029 S. Minnie 011-257-14 One 2007 Unit 8 Attachment 3 80B-40 1/23/07 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 1201, 1209, 1213, 1221, 1225, 1229, AND 1233 EAST WILSHIRE, AND 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, AND 1439 SOUTH MINNIE STREET 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 ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Wilshire/Minnie, L.P. with the acquisition and rehabilitation of real property located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie Street ("the Property"). B. The Property is comprised of seventeen buildings which currently have 164 one bedroom units. After the rehabilitation and reconfiguration, there will be 144 units with a mix of 1, 2, 3, and 4 bedroom sizes, with occupancy restricted to households with annual incomes at or below 60 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of fifty five households due to the reduction in the number of units and the income restrictions imposed by the Low Income Housing Tax Credit Program. Resolution No. 2007- 806-41 1/23/07 les Section 2: The City Council hereby approves the relocation plan for the residential properties located at the aforementioned addresses, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2007- 806-42 1/23/07 les ADOPTED this day of Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: 2007. Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007- 806-43 80 B-44 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 5, 2007 TITLE: AGREEMENT WITH SCHINDLER CORPORATION FOR THE ELEVATOR AND MODERNIZATION DESIGN AND AT THE SANTA ANA DEPOT APPROVED ^ As Recommended ELEVATOR ^ As Amended IMPROVEMENTS ^ Ordinance on 1st Reading CONSTRUCTION ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For G CITY MANA ER E) CUTIV IRECTOR RECOMMENDED ACTION CONTINUED TO FILE NUMBER CITY COUNCIL ACTION 1. Adopt a resolution of the City Council making certain findings for the Community Redevelopment Agency to assist in the payment for the elevator modernization improvements at the Santa Ana Depot. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Schindler Elevator Corporation in the amount of $62,747 to construct the elevator modernization at the Santa Ana Depot. 3. Approve a Funding Analysis with a total estimated construction cost of $88,427. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a Cooperative Agreement between the Community Redevelopment Agency of the City of Santa Ana and the City of Santa Ana in the amount of $88,427 for the Depot elevator modernization. COMM[JNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a Cooperative Agreement between the Community Redevelopment Agency of the City of Santa Ana and the City of Santa Ana in the amount of $88,427 for the Depot elevator modernization. 80C-1 Agreement with Schindler Elevator Corporation for Elevator Improvements and Modernization Design and Construction at the Santa Ana Depot February 5, 2007 Page 2 DISCUSSION The Depot at Santa Ana is a regional transportation hub, combining Amtrak, MetroLink, Orange County Transit Authority and other bus services with office space for various State, County and City departments. Patronage at the facility has escalated in recent years to over a million persons annually. The Depot elevator modernization is needed in order to bring the existing elevator up to current industry standards. The existing equipment was installed in 1983 and the hall and car were upgraded in 2002. The other major equipment is original and is beyond the typical lifespan for this type of equipment. The current elevator also does not stop level with the floor, which presents a safety hazard and does not meet current ADA requirements. The Public Works Agency completed an assessment of the existing elevator in July 2006 and developed a list of recommendations for the modernization of the elevator to address the abovementioned issues. In November, a request for proposals was prepared based on the July 2006 assessment and distributed to four specialty contractors. Two proposals were received and evaluated by staff. A summary of the rating scales and costs is as follows: Firm Ram Schindler Elevator Corporation 89 RS Elevator gs Based on the information provided, the two proposals included comparable scopes of work anc construct the project. Schindler Elevator performing ongoing maintenance under contract to Ana Depot and its performance has been favorable. Schindler Elevator Corporation be retained modernization project. Fee $62,747 $105,051 firms that submitted both are qualified to Corporation has been the City for the Santa Staff recommends that for this elevator 80C-2 Agreement with Schindler for Elevator Improvements Design and Construction a February 5, 2007 Page 3 ENVIRONMENTAL IMPACT Elevator Corporation and Modernization t the Santa Ana Depot In accordance with California Environmental Quality Act, the proposed project is exempt from further review per section 15301 (d), which allows repair and restoration of deteriorated or damaged mechanical equipment for the purpose of meeting current standards for public health and safety. Categorical Exemption Environmental Review No. 07-05 will be filed for this project. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $88,427 (Exhibit 1)= Funds are available in the Merged Capital Improvements account (account no. 570-936-6621). ~ ~~ ~~` APPROVED AS TO FUNDS AND ACCOUNTS: ~~i James G. oss Francisco Gutierrez ,~r Executive Director „f"' public Works Agency Nancy T Edward Assistant Director Community Development Agency H:\ACTIONS\2007 CC\ST CC-CRA AgreeElevato rMOdernizationwith5chindler JGR/SGH/SA/mlr Executive Director Finance & Management Services Agency 2-5-07.doc 80C-3 FUNDING ANALYSIS Elevator Improvements & Modernization at the Santa Ana Depot Construction Contract $ 62,747 Contract Administration 6,300 Inspection and Testing 3,700 Contingencies 15,680 TOTAL ESTIMATED CONSTRUCTION COSTS 88 427 Exhibit 1 80C-4 1/29/07LES RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA CONSENTING TO THE PAYMENT OF THE COST OF IMPROVEMENTS TO A PUBLICLY OWNED IMPROVEMENT, THE ELEVATOR AT THE TRAIN DEPOT, BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the Redevelopment Plan"), in the area formerly known as the Inter City Project Area. B. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for all or part of the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the project area, upon the consent of the City Council of the City of Santa Ana ("City"), if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. C. The City is the owner of The Depot at Santa Ana, a regional transportation hub combining Amtrak, MetroLink, Orange County Transit Authority and other bus services, along with office space for various State, County and City departments. The Depot is located within the former Inter City Project Area. Patronage at The Depot has escalated in recent years to 80C-5 over one million persons annually. D. The City desires to modernize, reconstruct and improve the elevator in order to bring the existing elevator up to current industry standards. The existing equipment was installed in 1983 and the hall and car were upgraded in 2002. The other major equipment is original and is beyond the typical lifespan for this type of equipment. Further, the current elevator does not stop level with the floor, which presents a safety hazard and does not meet current ADA requirements. E. The improvements to be made to the elevator at The Depot will be of benefit to the merged Project Area (and the former Inter City Project Area) as well as benefit the immediate neighborhood and all patrons of The Depot. F. The City lacks funds to pay for the reconstruction and installation of the modernization improvements needed by The Depot elevator at this time, and there are no other reasonable means of financing the improvements. G. Reconstruction of the elevator at a publicly owned transportation facility will assist in the elimination of one or more blighting conditions in that the new and improved elevator will replace the antiquated elevator that constitutes a public safety hazard. Further, reconstruction of the elevator will bring it into compliance with the ADA. Section 2. In accordance with California Environmental Quality Act, the proposed project is exempt from further review pursuant to section 15301(d), which allows the restoration of deteriorated or damaged mechanical equipment for the purpose of meeting current standards for public health and safety. Categorical Exemption Environmental Review No. 07-05 will be filed for this project. Section 3. The City Council hereby consents to the payment by the Agency of up to $88,427.00 in Agency funds from the Merged Project Area for this publicly owned improvement, in accordance with that certain Cooperative Agreement to be executed between the Agency and the City. Section 4. The City Manager is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Resolution on behalf of the City. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. 80C-6 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 80C-7 80C-8