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HomeMy WebLinkAbout FULL PACKET_2007-05-07Qxs 03/20/07) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO CONTRACTS AND PURCHASING 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. On May 2, 2005, the City Council created an Ad Hoc Committee to review the City's Charter and make recommendations for changes, if needed. B. On September 19, 2005, the City Council created the Charter Amendment Citizens' Task Force and directed members to review and comment on the Ad Hoc Committee's recommended changes. C. One of the changes proposed by the Ad Hoc Committee, and recommended by the Citizens' Task Force, was that the dollar threshold at which the City Manager is authorized to bind the City by contract be increased from $10,000 to $25,000. D. The suggestions by the Task Force relating to the thresholds for contracts were subsequently approved by the City Council and thereafter submitted to the voters at a special election that was consolidated with the General Municipal Election held on November 7, 2006. E. The voters approved the proposed Charter changes found in Charter Section 421 pertaining to purchasing and reporting. The voters also approved the Charter amendments in Section 421 as they pertain to the city manager authority to bind the city for contracts up to $25,000 for materials, supplies, labor, equipment or services. F. The Charter amendments approved by the voters also called for the City Council to adopt, through ordinance, rules and procedures for the competitive bidding for purchase of, or contracts for materials, supplies, labor, equipment or services with the ultimate goal of Ordinance No. NS-XXX Page 1 of 10 11 A-1 obtaining the maximum quality of goods, services, or performance at a minimum cost. G. The amendments to Chapter 2, Article Vll, `Purchasing Rules and Regulations," is consistent with the Charter Amendments approved by the voters on November 6, 2006 and provide for consistent application of the increased level of administrative authority as well as implements the new reporting requirements for contracts approved administratively. H. The amendments to Chapter 2, Article Vll, `Purchasing Rules and Regulations," also further in a proactive manner the goal of maximizing value at a minimum cost by allowing the utilization of modern technology should the City wish to take advantage of fast changing technology. The ability to use electronic documents of all types may allow purchasing to perform its procurement processes electronically by allowing, for example, the interactive use of the City's web site for e-Procurement. The Code does not attempt to anticipate the specific technologies that may allow the procurement process to be performed electronically, but provides the City with the necessary flexibility to adopt regulations that do so. 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 2-1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-1. City manager's authority to approve change orders. The city manager of the City of Santa Ana is hereby authorized to bind the City of Santa Ana on change orders to city contracts for materials, supplies, labor or equipment, or for public works construction as defined in Santa Ana City Charter section 421 and 422, without previous city council approval when such change order for any one (1) contract, together with any previously approved change orders for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than ten (10) per cent, or the amount of tea twenty five thousand dollars ($4&OA~9A $25,000.00), whichever is the greater. Section 4. Section 2-800 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXX Page 2 of 10 11 A-2 Sec. 2-800. Purposes of purchasing system. These purchasing rules and regulations are hereby adopted in order to: (1) Establish efficient procedures for purchasing of materials, supplies, labor and equipment; (2) Secure maximum quality goods, services or performance at minimum cost for the city; (3) Exercise positive financial control over the city's purchases; aad (4) Establish the necessary procedures for the selection of providers of all ranges of goods and services so as to avoid favor orprejudice;.- (5) To simplify, clarify, and modernize the law governing procurement by the City; (li) To provide for increased public confidence in the procedures followed in public procurement; (7) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the City; (8) To foster effective broad-based competition within the free enterprise system; (9) To provide safeguards for the maintenance of a procurement system of quality and integrity, and (10) To obtain in a cost-effective and responsive manner the materials, services, and construction required by City agencies in order for those agencies to better serve the City's businesses and residents. Section 5. Section 2-802 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-802. Definitions. For purposes of this article, the following definitions shall apply: Ordinance No. NS-XXX Page 3 of 10 11 A-3 Agreement or contract shall mean a legal contract which complies fully with the provisions of section 421 of the city's charter and this article. The words agreement and contract may be used interchangeably in this article. Electronic means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology. Materials, supplies, labor and equipment shall mean those goods or services, but excluding prefessiena! services and public works construction, that are readily ascertainable and measurable by an objective standard in terms of quantity or quality so as to be susceptible to competitive bidding. Public Notice means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods can include publication in newspapers of general circulation, electronic or paper mailing lists, and web site(s) designated by the City of Santa Ana and maintained for that purpose. Purchasing manager shall mean that city employee or official so designated by the city manager and authorized to carry out the responsibilities under this article, including the promulgation and enforcement of administrative procedures. Purchase order (PO) shall mean that standardized contract developed pursuant to subsection 2-803Q) issued to the vendor of materials, supplies, labor and equipment. Services means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. Services are of an advisory nature, provide a recommended course of action or personal expertise, have an end product comprised of a transmittal of information, written or verbal, and that is related to the governmental functions of administration, management, program management or Ordinance No. NS-XXX Page 4 of 10 11 A-4 innovation. The product may include anything from answers to specific questions to design of a system or plan, and includes provision of workshops, seminars, retreats, and conferences for which expertise is necessary. This term shall not include employment agreements or collective bargaining agreements. This term shall not include contracts for the construction, alteration, improvement, repair, or maintenance of real or personal property. Section 6. Section 2-803 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-803. Powers and duties of the purchasing manager. The city manager is directed to establish and maintain a centralized purchasing system, and in connection therewith, the city manager shall designate a purchasing manager for the city whose duties shall include, but not be limited to, the following: (a) Act to procure for the city the needed quality in materials, supplies, labor, and equipment, and services including professional services, at the least expense to the city. (b) Recommend execution of contracts. (c) Endeavor to obtain as full and open competition as possible on all purchases. (d) Keep informed of current developments in the field of purchasing, prices, market conditions and new products. (e) Establish rules and procedures governing the purchase of materials, supplies, labor, equipment and services including for the city through the preparation and adoption of an administrative code which shall provide for the review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality at minimum costs. (f) Prescribe and maintain such forms as are reasonably necessary for the operation of this article. (g) Keep or cause to be kept an inventory of all municipal property in his or her custody. (h) ~^r.; ~ If required by Federal, State or other law, cause Ordinance No. NS-XXX Page 5 of 10 11 A-5 notices inviting bids to be published. (i) Endeavor to establish standards in the variety of articles, materials, supplies, labor, and equipment, commonly used by the various departments and agencies, as will make possible uniform purchases, when consistent with efficiency. (j) Prepare, with the approval of the city attorney as to form, a pre- printed purchase order to be utilized in contracts for materials, supplies, labor and equipment. Irl Q fL..+ .!' '.J 1 ti i erl ., L,..L...If f fL. '4 4 E hoc .. uiv iwivv'v~~a oiiz__, _.. .__.._... _. .. ... ..~, .. ..,...,......., .,.,+~,,,,~ fnr rn ,.,,1 Fti~.., .e~e..f ~., v f ..r......_ :,e...,. ..,c p..,...,...... s Section 7. Section 2-804 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec.2-804. , .Reporting Requirements The City Manager reporting requirements mandated by Section 421 of the City Charter shall only include contracts let that exceed $500.00, all other contracts let by the City Manager under $500.00 shall be provided to the City Council if requested by a councilmember. Section 8. Section 2-805 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-805. Procurement of materials, supplies, labor, and equipment between five hundred dollars ($500.00) and #en twenty five thousand dollars ($a-0;99~OA $25,000.00). (a) For those agreements exceeding $500.00 but not exceeding $5000.00, the city manager may bind the city on contracts for materials, supplies, labor, and equipment in amounts not exceeding five thousand dollars ($5000.00) in any one contract or in the aggregate with any one vendor or service provider. These contracts can be entered into administratively without the need for informal or formal bidding. Ordinance No. NS-XXX Page 6 of 10 11 A-6 (b) Unless exempt from bidding pursuant section 2-807, all contracts involving an expenditure between five haadred thousand dollars ($~08:OA $5,000.00) and tea twenty five thousand dollars ($~8-;9A~9A$25,000.00) for materials, supplies, labor, and equipment shall be let to the lowest responsible bidder in accordance with procedures established by the purchasing manager. Those procedures shall provide for at a minimum the following: (1) (a)There shall be a written or verbal invitation for bid which shall include the following information: A general description of the things to be purchased or project, the time and place for bid opening when applicable, bid instructions, and the terms and conditions of the bid and any resulting contract. The purchasing manager shall make a good faith effort to notify all businesses engaged in providing such materials, supplies, labor, and equipment located within the boundaries of the city of the opportunity to bid. (2) Where required by state or federal law or regulations, or upon request by a bidder, the bids shall be opened, if sealed, and declared in public at the time and place stated on the "Invitation for Bid." (3) (~ If two (2) or more bids received are the same and the lowest, the city may choose either one. The city shall reserve the right to reject any or all bids. Section 9. Section 2-806 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-806. Procurement of materials, supplies, labor, and equipment in excess of tea twenty five thousand dollars ($a-0;99:98$25,000.00). Unless exempt from bidding pursuant to section 2-807, all contracts involving an expenditure in excess of tea twenty five thousand dollars ($a-O;OA9:9A$25,000.00) for materials, supplies, labor, and equipment shall be let to the lowest responsible bidder in accordance with procedures established by the purchasing manager. Those procedures shall provide for at least the following: (a) Public Nnotices inviting bids shall include a general description of the things to be purchased and the time and place for bid opening. Adequate public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, in accordance with regulations established by the purchasing manager. the To the extent that public notice shall is byway of publication in a newspaper of general circulation, such publication shall be for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. (b) Invitation of bids shall be mailed or transmitted by other means established by the administrative code but not recited over the telephone or in person. Any interested bidder may obtain an invitation for bid. Ordinance No. NS-XXX Page 7 of 10 11 A-7 (c) All bids shall be #er*aa4-bids submitted sealed in accordance with the instructions contained in the "Invitation for Bid" form. (d) The bids shall be opened in public, at the time and place stated on the "Invitation for Bid." All bids shall be publicly declared. Section 10. Section 2-806.1 is added to Chapter 2 of the Santa Ana Municipal Code to read in full as follows: Sec. 2-808. 1. Acquisition of goods and services by reverse auctions; Posting on Internet; Registration and requirements; Inapplicability to construction contracts (a) Notwithstanding the bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of goods and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids may be accepted, and provide that the procedure shall remain open until the designated closing date and time. (b) All bids on reverse auctions shall be posted electronically on the Internet, updated on a real-time basis, and shall allow registered bidders to lower the price of their bid below the lowest bid posted on the Internet. (c) The purchasing manager shall require vendors to register before the reverse auction opening date and time, and as part of the registration, agree to any terms and conditions and other requirements of the solicitation. The purchasing manager may require vendors to be prequalified prior to placing bids in a reverse auction. (d) For purposes of this section, "reverse auction" means a competitive online solicitation process for fungible goods or services in which vendors compete against each other online in real time in an open and interactive environment. (e) The reverse auction process may not be used for bidding on any construction contract that is subject to Section 422 of the City Charter. Section 11. Section 2-807 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXX Page 8 of 10 11 A-8 Sec. 2-807. Non-bid purchases. The following contracts may be exempted from competitive bidding through an open market purchase by the purchasing manager, and confirmed by the city council in the case of contracts for over ten twenty five thousand dollars ($a-9-;999:99$25,000.00), but shall nevertheless be entered into only after compliance with the rules established by the purchasing manager, which shall include the review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality at minimum costs: (a) Purchases of materials, supplies, labor, and equipment whenever it shall appear that there is only one reasonably available source or where solicitation of bids would for any reason be an idle act. (b) Purchases of materials, supplies, labor, and equipment necessary for the preservation of life, health or property, following the declaration of a state of emergency in the city upon the affirmative vote of at least two-thirds (2/3) of the members of the city council. (c) Situations where no bids are received or all bids are rejected and the city council determines, upon the affirmative vote of at least two-thirds (2/3) of its members, that the materials, supplies, labor or equipment can be obtained at a lower cost. (d) Purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by a federal agency (including the General Services Administration), astate agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by this article. (e) Contracts for ^~P '~.°'^^a: services. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2007. Ordinance No. NS-XXX Page 9 of 10 11 A-9 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: (name) 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 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 Page 10 of 10 11A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: May 7, 2007 TITLE: AMEND THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR CREDIT FOR SED SICK LEAV13 CI Y MANAGER RECOMMENDED ACTION 1. Receive and file. 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 2. Continue consideration of Ordinance to May 21, 2007. DISCUSSION California Government Code Section 7507 requires that the future annual cost of the proposed contract amendment be made public at least two weeks prior the adoption of the final ordinance. In accordance with the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association for FY 2004-2008 the City agreed to provide Credit for Unused Sick Leave benefits for local safety members effective July 1, 2007. This benefit is currently provided to miscellaneous City employees. The Unused Sick Leave Credit Benefit allows unused accumulated sick leave, at the time of retirement, to be converted to additional service credit pursuant to a formula established by the Public Employees' Retirement System. The above benefit will be offered along with the current options. Currently sick leave may be used for payment of medical insurance premiums or may be converted to cash for payment based on established formulas. Under this contract amendment conversion of sick leave to service credit allows the City to pay funds out over a thirty year period of time. The Ca1PERS actuarial valuation determined this will result in an accrued liability of $2,328,279. 11 B-1 Contract Amendment May 7, 2007 Page Two FISCAL IMPACT with Ca1PERS On July 1, 2008, the Employer's contribution rate will increase by 0.587 of the total safety payroll to cover the accrued liability. APPROVED AS TO FUNDS AND ACCOUNTS: riqu A v Execut e D're for Personnel Services Francisco Gutierrez Executive Director Finance & Management Services 11 B-2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. JAS (4/10/07) 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. The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System ("PERS") by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law. Such a contract currently exists between the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System. B. In accordance with provisions of the current Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association for fiscal years 2004-2008 the City agreed to amend its contract with the Public Employees Retirement System to provide section 20965 Credit for Unused Sick Leave benefits for local safety members effective July 1, 2007. A copy of said proposed amendment is attached hereto as Exhibit "A" and by this reference made a part hereof. C. The Credit for Unused Sick Leave benefit allows a member to convert unused accumulated sick leave at the time of retirement to additional service credit pursuant to a formula established by PERS. Section 2: That an amendment to the contract between the City of Santa Ana and the Board of Administration of the Public Employees' Retirement System is hereby authorized in accordance with the terms of Exhibit "A". Section 3: That the Mayor and Clerk of the Council of the City of Santa Ana are authorized, empowered and directed to execute said amendment for and on behalf of the City of Santa Ana. 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 11 B-3 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 A. 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 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 Page 2 of 2 11 B-4 li, Ca1PERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Santa Ana The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1947, and witnessed November 25, 1946, and as amended effective October 1, 1951, February 1, 1954, September 1, 1956, July 1, 1959, November 1, 1960, September 1, 1963, April 1, 1964, February 1, 1965, January 16, 1969, November 1, 1970, June 1, 1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984, December 1, 1984, July 1, 1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March 8, 2001, July 1, 2001, April 5, 2002 and November 7, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective November 7, 2002, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 11 B-5 . ; -- ~~L1iJs.. Li l; ti~J ~ vo ~~'~ C,E ~ ~~ . ~.., . 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1947 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). b. Section 20042 (One-Year Final Compensation). c. Section 20903 (Two Years Additional Service Credit). d. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit). 11 B-6 e. Section 21024 (Military Service Credit as Public Service). f. Section 20965 (Credit for Unused Sick Leave). g. Section 21574 (Fourth Level of 1959 Survivor Benefits). 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required bylaw. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11 B-7 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effeFtive on the r ;• BOARD OF ADMINISTRATIOAL,"J PUBLIC EMPLOYEES' RET~k2~i41ENT SYSTEM .ti ": ,~~, BY .'~,y , LORI MCGARTLAND~~~HIEF EMPLOYER SERVIt/E~ DIVISION PUBLIC EMPLOYES' RETIREMENT SYSTEM day of CITY COUNCIL CITY OF SANTA ANA BY PRESIDING OFFICER .~~~ f,;: •,~ ,~:. ,.M ' .'• , 44..`J Witness Date ~`,a ~~•,, Attest: ~., ., ~- ~`'? AMENDMENT ER# 0137 PERS-CON-702A (Rev. 10\OS) Clerly°. ~.:~ 11 B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: ABANDONMENT NO. 06-06: TO VACATE A PORTION OF SYCAMORE STREET BETWEEN 10~ STREET AND WASHINGTON AVENUE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2"tl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution declaring the City's intent to vacate a portion of Sycamore Street between Washington Avenue and 10th Street. 2. Set a public hearing for June 4, 2007. DISCUSSION On August 2, 2004 Council approved various entitlements for the proposed One Broadway Plaza office tower project. As part of the project, Caribou Industries is requesting that Sycamore Street from Washington Avenue to about 137 feet north of 10th Street be vacated and incorporated into the project boundary (Exhibit 1). The City has a street easement over the vacation area and reversionary rights to the land are held by the adjacent landowners, including Caribou Industries, according to the title report supplied by the applicant. The adjacent landowners have indicated their concurrence with the proposed street vacation by signature on the application. The driveway access to the parking structure serving 1200 North Main Street will be within the vacated portion of Sycamore Street. A reciprocal access agreement between the One Broadway project and 1200 North Main Street will be recorded prior to adoption of the resolution to vacate. The driveway leading to the Orange County High School of the Arts lies within the portion of Sycamore Street which will remain public right of way. 12A-1 Abandonment No. 06-06 May 7, 2007 Page 2 Utility companies, other government agencies and City departments were advised of the street vacation. Easements for the City's traffic signal equipment as well as power, telephone, and gas lines will be reserved in the resolution of vacation. The City's sewer and water lines will be rerouted out of the vacation area. The proposed resolution will declare the City's intent to abandon its easement at this location. In addition, the resolution will set a public hearing for June 4, 2007. ENVIRONMBTITAL IMPACT In accordance with the California Environmental Quality Act the proposed street vacation has been determined to be adequately evaluated in previously prepared Environmental Impact Report ER No. 99-01. FISCAL IMPACT There is no fiscal impact associated with this action. ~ -vr: James G. Ross Executive Director Public Works Agency 12A-2 P O Q O m TENTH STREET Q WASHINGTON AVENUE i ~~j 1209 NBROADWAY / /~ 1200 N MAIN ~W% W ~ / ~W` ~ U 1110 N MAIN } ON E BROADWAY ~ Z 1010 + 1018 N MAIN OCHSA (E) ORNEWAY F W W F- Z Q LEGEND PROPOSED ABANDONMENTAREA EXHIBIT 1 "'J'`"'"' TitIe:ABANDONMENT N0. 06-04-5: TD VACATE City Council PORTION GRAND AVENUE AND FAIRHAVEN ~~~ ~;;~, Agenda Date: AVENUE INTERSECTION NEAR 2701 Moy 7, 2007 NORTH GRAND AVENUE 12A-3 HALESWORTH RESOLUTION NO. 2007- KO 5/1/07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF SYCAMORE STREET BETWEEN WASHINGTON AVENUE AND 10T" STREET WITH OR WITHOUT CONDITIONS, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 06-06) 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. Pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its intention to vacate a portion of Sycamore Street between Washington Avenue and 10th Street with or without conditions. The proposed abandonment area is shown on the maps labeled Exhibit 1, attached hereto and made a part hereof by this reference. B. Notice is hereby given that at the hour of 5:30 P.M. or as soon thereafter as the matter can be heard on June 4, 2007, in the Santa Ana City Council Chambers at 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. C. The Clerk of the Council is hereby directed to cause this Resolution to be published twice, once in each of the two successive weeks prior to the abovesaid hearing, in a newspaper of general circulation in the City. D. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the day, hour and place of hearing hereinabove set forth, and describing the portion of the street to be vacated at least two weeks before the date set for said hearing. Resolution No. 2007- Page 1 of 2 12A-4 ADOPTED this _ day of May, 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. 2007- Page 2 of 2 12A-5 Q Q O 0' [a WASHINGTON AVENUE 1209 N BROADWAY 1200 N MAIN W W !L' H W ~ 1110 N MAIN U } P N E BROADWAY ~ ~ 1010 + 1018 N MAIN OCHSA (E~~RNEWAY TENTH STREET LEGEND PROPOSED ABANDONMENTAREA EXHIBIT 1 F W W H Z Q saNraaNa TitIe:ABANDONMENT N0. 06-04-5: TD VACATE Pi City Council PORTION GRAND AVENUE AND FAIRHAVEN Agenda Date: AVENUE INTERSECTION NEAR 2701 May 7. 2007 NORTH GRAND AVENUE o~s~, ~oA,s ,~Ex~. ~` HALESWORTH REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: BOARDS AND COMMISSIONS ATTENDANCE REPORTS - APRIL 2006 THROUGH SEPTEMBER, 2006 AND OCTOBER, 2006 THROUGH MARCH, 2007 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2°" Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TU FILE NUMBER Receive and File Boards and Commissions Biannual Attendance Reports for the periods of April, 2006 - September, 2006, and, October, 2006 - March, 2007. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to keep the Council informed relative to member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within a six-month reporting period. Additionally, City Charter Section 901, which was amended by the voters in November, 2006, provides that two consecutive unexcused absences would result in the vacation of a board or commission position. Examination of the attendance reports for the period April, 2006 - September, 2006 revealed that one member of the Workforce Investment Board and two members of the Youth Commission exceeded the number of allowable unexcused absences. All three of these members have subsequently resigned or were not reappointed to their respective positions. Examination of the attendance report for October, 2006 - March, 2007 revealed that no current members have exceeded the limits for permitted absences. The only action required by the Council is to receive and file this report. FISCAL IMPACT There is no fiscal impact - ~ . Patricia E. Healy, Clerk o sociated with this action. 13B-1 J_ U 2 7 0 } F I\ Um 0 0 QO ` a~a ~ a ^~, Q ~ W NWN LLVI OZcG O f' 0 N UW,~ ~a ~ Q Q v J Z Z m w z z p y N O U 0 O DO ~d W.:~ m 0 Fw-C. ~... X X X X X W X W ad w c,, ~. ~. ~ X X X X W W X W '. y. d y Q , p~ ~ X X X X X W X W M_ Q d ~ ~ X x x x x w w w y d . . ~, >o j'. C A W X X W X X W X y d. d .. ~. N. X X X X W X ~ W ~. N X X X X X X W X R ~~ ~N X X X X X w w Z ~ Y y d. . Q OI ~ - X X X X ~ X W Q ~, ° ' z d y' ~. 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R d Q 13B-39 13B-40 V M_ r , MEMORANDUM City Council Meeting Date: May 7, 2007 Cathy Standiford . To: Assistant C'fy Manager Date: April 16, 2007 Ja .Ross, Executive Director From: ublic orks A enc that City Engineer is Reviewing Final Parcel Map No. 2004-288 for Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2004-288 (City Parcel Map No. 2005-01), for 1939 South Susan Street (Exhibit I), from the owner, The Mersereau Harvard Trust, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2005-01 was approved by the City Council on April 18, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 7, 2007. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council T:1Davelopment Services\SUbdivisionVvlemos~FinalParcelMap200A-280Review NOti~ 0.5_07_07_ILtloc 17A-1 CASTOR 3TRF f ~ i i` i ~-' 1, ~~ EXHIBIT 1 SANTA iNA PLJ AM Y ~ ° oo~ ~~~ Title: PARCEL MAP N0. 2004-288 1939 S. SUSAN STREET f 4~1 S\:V TA AN.a 17A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONSOLIDATED PLAN ANNUAL UPDATE AND AMENDMENT TO THE CITIZEN PARTICIPATION PLAN CITY MANAGER 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 RECOMMENDED ACTION Approve the Consolidated Plan Annual Participation Plan and authorize the Housing and Urban Development. Update and Amendment to the Citizen submittal to the U.S. Department of COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of April 17, 2007, the Community Redevelopment and Housing Commission recommended that the City Council approve the Consolidated Plan Annual Update and Amendment to the Citizen Participation Plan and authorize the submittal to the U.S. Department of Housing and Urban Development by a vote of 6:0 (Rodriguez absent). The Community Development Agency receives funding from various formula grant allocation programs through the Department of Housing and Urban Development (HUD). These programs include the Community Development Block Grant (CDGB), the HOME Investment Partnership Grant (HOME), the Emergency Shelter Grant (ESG), and the Housing Opportunities for Persons with AIDS (HOPWA) Grant. These funds provide for affordable and supportive housing, community development programs, social services and economic opportunities. Since Santa Ana is the most populous city in the County, HOPWA funds are provided to the City for use throughout the County to address housing and supportive services for persons with HIV/AIDS. Prior to 1995, each of these programs required separate application and reporting procedures. Beginning in 1995, HUD required the submission of the Consolidated Plan, which is a five-year comprehensive planning document and application for all of these programs. It describes a 19C-1 Consolidated Plan Annual Update and Amendment to the Citizen Participation Plan May 7, 2007 Page 2 strategy to meet the needs of the community and identifies resources and programs that can be used to address them. Each year the City is required to submit an Annual Update to the Consolidated Plan. This document establishes a one-year investment plan that outlines the intended use of resources in the forthcoming fiscal year. The proposed Annual Update (Exhibit 1) covers the 2007-08 fiscal year. It reaffirms the established policy of allocating funding in neighborhoods where programs and resources would have a maximum impact. In addition, key programs will continue to be operated throughout the City in order to better serve the diverse needs in the community. HUD regulations require that the Annual Update be available for a 30-day public review period prior to being finalized to provide the residents of the jurisdiction the opportunity to offer comments. On March 17, 2007, notification was published in the Orange County Register that the draft plan was available for review beginning March 18, 2007, and that the public hearing would be held on April 17, 2007. It was also noticed in the La Opinion and the Nguoi Viet as well as on the City's website. The 30-day public comment period concluded on April 17, 2007. In accordance with Federal regulations, all neighboring jurisdictions were also informed of the draft's availability for review. All comments received, including all funding recommendations made by the City Council on April 16, 2007, have been included in the final document, which is due to HUD no later than May 15, 2007. The Citizen Participation Plan (Exhibit 2) is a component of the Consolidated Plan that describes the methods that the City will use to involve the public in the development of the Plan and in the creation of strategies for using federal grant funds to meet housing and community needs. The proposed changes to the Plan incorporate the CDBG Section 108 Guarantee Loan Fund Citizen Participation Plan regulations and stipulate that the Human Relations Commission will review and make recommendations on ESG grant applications. FISCAL IMPACT There is no fiscal impact associated with this action. .~ /~. 7~. Ste hen G. H ding Deputy City Manager for Development Services Community Development Agency SGH/TG/mlr H:\ACTIONS\2007 CC\COnPlanAnnualOpdate 5-7-07.doc 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF March 31, 2007 l~ CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 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 March 31, 2007. 19D-1 QUARTERLY REPORT OF INVESTMENTS MAY 7, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19 D-2 CITY OF SANTA ANA TREASURER'S REPORT as of March 31, 2007 EXHIBIT 1 19D-3 W C d Q d E o C C 7 N N ~ ~ M O p O .O v ~'~~g U ~ as a V n ~ 1 e m O N m O Ih O m (p N O M N N (O 1~ N N O N IA M c N N N I' CJ ` N e ~ N o `~ °n n °P ~ m N e V m O~ e y o~ Ol v! y ' N: ~~ e e N 1~ W N (O O P (") m m tO O p r O m (7 O O' N e O co °v ~ ~ o e cmi N O~ 1~ O~ O P ~ o P N co N rn n m ~ co ~ o N n W N P m P f0 n n ~i N d N N N W r P N ~ (O 1~ h ~n m m Cj N o m o o ~ ~o o n P co O N M m r nm) m o m ~ m co m n e ~ ~ ~ vy~i m m M ~n C'I N m OI m N b h N N ~ Nl O ~ m v m A m m °m N m N b m W V N ym V b N N j O m O O O q M N d (O M W N j N O I~ O O O O O N O O O O P OI ~ W O W O O O N M m c ' v vi id m ~ m ~ ~ V W ~ e 1~1 N M i O O f m y y ~ of ~ m n N o N N L N - D ~ U C ~ J V ii Q N h c ~ '^ c c E .. 'o E S g c ~ v o U ,~ o ~ d Q c C ~i m OI e L ¢ ¢ C G E ~ m m ~ N y mx E n 9 o v W 3 U tt u u r `o ~ w ~ t E ~ o c y o O ~ y o m ~ t i~ m C U N C ~ N a 10 ~ C N N U v o y pO O N 6 > N - d 2 m ° ~ ~ ~ U T N ° -- a d ~ a >.E m E w `~U ~ d U ° « d ~ « C C L N ~ OI T C O _U Q ~ O a c m ~ ~ c N N.~ E o a y ° d c U m d N ~L. m c c Q y 'V ~° c a m m E y o ~ ° y,c ~ U o y d ~ d y A L. J N 3 ~9 N C N U O ~ ~ y N a N c E m ~ O L O ~ ~ O O .~. N ~ A a d A C ~ U 10 C ), y ~ C e (O p (0 N 6 ~ M a o m ~' ~ C e !~ M N N ~ "~ ° «a N C O O R OI tq ~ n ~ C L OI O Q O n ~ ~ E C C d N O) O ¢ N C C € E S 0 0 0 0 ~ j N ~ d N C N = O d 2 d ~ N ~ D ` E J 5 J d v d c y m E d 3 m ~ c ° Y ~ m o '~U°cZ ~ ~' •~, oco ~ n -~ A U N N ~ ~ d N ~ ~ 7 ~ ~ d C m . `~ d d w U Orn U Q w H a U f¢n U ~ O ~~ ~c j o fi c o a g ~ E ~ O N a E a E h N a A 0 t _~ O Z N C E ~ ~ ~ y c c ~ Q c LL o O C ~ ~ N ~ 0 C M w a ~ t o ~ E A U a c L 7 LL f ~ `~ ~~ °M M w~ v~ N v e .Q- m rv n v n m rv e A A mf n n n w n rn w m n m w n m m n m m o rn r r m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S o 0 0 0 0 0 0 0 0 0 0 0 0 0 '' O °N N N N N N N N N N N N N N N N N N N N n~ A r r o w n w w o o~ n o A co v o m q ~ (\ O ~ N N ~ O N N M N N O N N N N ~ g w a in co n~ m A co co ro v A io v o a v1 O O O O O O O 0 0 0 0 0 0 0 0 0 O U~ e v a ~i N n n n °w uoi a n v0i `o n °m o v°1 °o m `o °m o' m in n M N N N [~ M t`t I~ r N e r M e O N M N O ~ h w 1~ O r r O f N 10 m N ill N M M M 10 N M M N N N N e M N M N V M M e y y y V m a e<- ~ N YMl Oml m °m M r m N 0~ (~ ~~ Orni O N Vm1 r Omi r~ Orf M [~ N N w m N M m M e rn F N m vl N ~() N M t~l M VI N M M ~ N N N M M N M N M M t+l M ~ m e e O O O O O O O O O O O O O O O O O VI O VI N N N mm O I(I e O O O O O N N O O O N N' e M N~ ~O N e n O O V] O O N O O m r O r O C~ N N N M M 10 N N V M O V V e M M M M e e M e U m e n o 0 o m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ N M m o 0 o r n o 0 0 0 0 0 0 0 0 0 o in o 0 0 0 o ry O fV N O O O h A O O O O h O O O O N N O VI O O O r r M O N M N M M N (O < w OI O O VI Ol M OI VI O O) n M e m f0 e O (O m M N N y m (y+I _ N i0 N y w O m f0 N M (O ;L ~ y my N OI rn Am O m O O Ol ~ m O) O) OI w r C w m 0 T 001 N m Of 10 of Of 01 m ~ O' O O O O OI V 01 T rn rn V rn OI a rn rn rn ~ w r ~ r N w N ~ ~ ~ N m V n O O O m m O O O O O O O O O O O O O g O O O O ~ N M m o 0 o r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j °n m o °o S °o n ~ °o °o S g °o °o °o °o °o °o °o °o °o °o °o °o °o °o M e m o 0 o m 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E 0 U N N Z ftl 2 r r ro N d 0 0 c °m uµ 6 A f u'p T °p~ d C N ~ 'E m K F- (A a W Q N O N a a h Q U) 7 Vl 19 N V ~ nl~ V C ~ N SIEI 0 0 o $' m $' , °o °o p 0 N H n ~ '^. ~ M b p O O °- M ~ N ~ ~! m M M M r` n ^ m ~ n °o m m ~ m M N N ~ ~ n M M b ~ o a O !? N Z!i a a r ~ m 0 n N 11 E L m U r A d T ~ R m E ~ O U N r p L ys r M ~ ~ 3 ~ Z m a0 A .f o v y o N L p -13 ~ N 8 ~ '° N y y O Q a 9 W A N 0 a a E N y c c ~ 7 F LL N E Td m S J c LL m c ° p d W 5 u d I ~ o 4 p O N J v c m d y rn Q I1. a v .~ C O U 7 N N H y ui 7 F- N Q ~. ~ a ~ri > o g O qN ~+ t K d N d O N C O `c~ n v C ~ FD ~ ~. a of d r R ~o A f r~ N } N ~ ~ m c« v A U a E 2 N 6 ~_ Z ~~/ W H O _ ~ N a w w "' ~ a v ~ E o U y ~ W > y C 2 Q U a 0 OG m r o a' c d E N 'c V1 U N N 7 d w H O m e 6 ~ a r n n n e 6 °v w P n n m ~ °n n M ~ r m m r ri 0 0 M 1") r r O m m n r r°n °m o w o m 7 O Q n 9 o ~ 3 a N z m E d N N li O ~ °o ~ ~ U a Y A ~ o T °o N N C N O ~ y V A r 0 I+i yr M r M rn d Q m E N C O r d A J Q O 0 N A a` W C A fq d YNI ~ U o Q ~ H m j ~ p Y O 0 r ~ a° N 0 0 I LL N N Vf a ID b 10 OQ < Q V co ~o ~ N yu~ YI < a e 0 m v ~I n ro m CJ nln M M O O e b Cl M ~ a o m N d O Q Q 0 m n rv ~ O y a' E ~ N N ; C O F a z m m E ~ LL C A y a E 3 Q U F C O N d c ° N ~ m N U 3 ~ a v m A N ~ o ~ T N C N ~ O y ~ 1 -1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 07, 2007 TITLE: CONTRACT RENEWAL FOR JANITORIAL SERVICE (SPEC. NO. 04-038) k` / _2 C TY MANAGER 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 Renew the contract with DMS Janitorial for janitorial service at various locations for a one-year period in the amount not to exceed $348,544. On May 3, 2004, the City Council awarded a contract to DMS Janitorial for a two-year period with provision for three, one-year renewals for janitorial services for sixteen City buildings and recreational facilities and twenty- two park restrooms. Services performed under the contract include vacuuming, dusting, mopping, trash disposal, cleaning and restocking of restrooms, machine-buffing the floors, and carpet shampooing. Currently, City staff maintains the hardwood gymnasium floors at Salgado and Jerome centers. The gymnasiums are used extensively throughout the year for basketball and volleyball, as well as various youth and community events. The Salgado gym flooring was installed approximately ten years ago and has been resurfaced twice in order to preserve the high quality surface. The Jerome gym floor will be replaced next year as part of the Jerome Center renovation project. To protect these investments, the Park Maintenance Superintendent recommends adding routine maintenance of the floors to the DMS contract. Also the additions recommended to the contract are as follows: janitorial services for Santa Ana Stadium events on an as- required basis, maintenance of two newly-constructed restrooms at Centennial Park, and a one-time detail cleaning of all park restrooms to enhance the cleanliness of the facilities for park patrons. In 2006, building maintenance and recreation staff conducted a cost-benefit analysis of in-house versus contracting out janitorial services and found contracting the service represents a savings of 45 percent. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract with a 4 percent price increase to offset increased labor and supply costs. The recommended award amount includes costs for the enhanced services and a ten percent contingency for unanticipated service 22A-1 Contract Renewal May 7, 2007 Page 2 for Janitorial Service needs. Staff recommends the second renewal of the contract with the enhanced services included. FISCAL IMPACT Funds are available in the Building Maintenance Fund Janitorial & Housekeeping Services account (account no, 73-106-6241); the Stadium, the Park Services, and the Park Building Services Other Contractual Services accounts (account nos. 11-244-6291, 11-250-6291 and 11-260-6291). Gerardo Mouet Parks, Rec. & C mm. Svcs. Agency Executive Direc or GM/BP/04-038R2.~:uc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Finance & Mgmt. Service Agency Executive Director 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 7, 2007 TITLE: CONTRACT RENEWAL FOR CHAIN LINK FENCE RENTALS (SPEC. NO. 04-063) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For // i'1 (~i~~~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Renew the contract with S&S Rent-A-Fence for chain link fence rentals for a one-year period in an annual amount not to exceed $70,000. DISCUSSION The Public Works Agency uses temporary fencing to ensure public safety and reduce liability around City-owned properties scheduled for construction or demolition. Fencing is installed within 24 hours, when necessary, to provide immediate public safety. Fencing is typically rented for either a six-month or a one-year period. On June 7, 2004, the City Council awarded a contract to S&S Rent-A-Fence for a two-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds for the first month of the contract are available in the fiscal year 2006-2007 Public Works Environmental Sanitation Fund, Merged Housing Capital Projects, and Downtown Maintenance Redevelopment Other Contractual Services accounts (account nos. 68-632-6291, 507-936-6291 and 407-933- 6291). Funds for the duration of the contract term will be included in the proposed 2007-2008 budget. APPROVED AS TO FUNDS AND ACCOUNTS: ~t~rnr t\r 1't: ,~_y~ J mes Ross ~ Francisco Gutierrez xec ive Director Executive Director ~' ub is Works Agency Finance & Mgmt. Services Agency JGR/WO/04-063R2.9:uc 22B-1 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT RENEWAL FOR HEATING, VENTILATION, AND AIR CONDITIONING FILTERS (SPEC. NO. OS-007) ~7 LAG ~ ~ ~cti''~-------- 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 Renew the contract with P. L. Hawn Co., Inc., for air conditioning filters in an annual amount not to exceed $40,631. DISCUSSION The Building Maintenance Section of the Finance and Management Services Agency maintains the heating, ventilation, and air conditioning (HVAC) systems in approximately 40 City buildings, including fire stations, recreation and community centers, libraries, City Hall, and the Corporate Yard.. In compliance with state mandated standards, staff inspects the HVAC systems several times a year, lubricating the machine parts and replacing air filters. This preventative maintenance ensures good air quality in City facilities. The contract for HVAC filters is designed to provide quality products at significant savings based on quantity pricing. On February 22, 2005, the City Council awarded a contract to P. L. Hawn Co., Inc., for a two-year period with provision for two, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract with no price increase. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in Building Maintenance Fund Other Contractual Services account (account no. 73-105-6291). ,Francisco Gutierrez Executive Director Finance and Management Services Agency FG/BP/OS-007R1.2:uc 22C-1 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT AMENDMENT ELECTRICAL SERVICES (SPEC.. NO. 06-064) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended FOR ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For .'1 ',fLG-r ~ ~ ~'L~fd CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Amend the contract with Williams & Maher, Inc., for electrical services by $90,000 for a total amount not to exceed $290,000 annually. DISCUSSION The City maintains approximately 60 facilities that are wired for electrical services, including City Hall, the Corporate Yard, fire stations, recreation and senior centers, libraries, and park restrooms. These public buildings range from ten to 50 years old, requiring varying levels of electrical maintenance service; from rewiring and relamping, installation of outlets, and general maintenance to upgrading of outdated electric systems and occasionally, unanticipated major projects. On June 5, 2006, City Council awarded a contract to Williams & Maher, Inc., a Santa Ana vendor, for electrical services in an annual amount of $200,000 for a two-year term.. This projected cost was based on prior year usage and staff estimates for scheduled preventative maintenance projects. Due to several unanticipated requirements, including installation of telecommunications wiring for the relocated Fire Department training facilities, energy saving variable frequency drives at the Santa Ana Police Administration and Holding Facility, and emergency power for the Treasury Division's City Hall customer service center, usage has exceeded staff estimates by approximately $90,000 for the current year. Additionally, as a component of the preventative electrical maintenance, the Building Maintenance Supervisor has modified the estimated usage for next year, adding relamping of several Fire Stations and electrical upgrades and enhancements for the three computer centers serving the City Hall, the Police Administration Facility and the Fire Department. Therefore, staff recommends authorizing an amendment to the contract by $90,000 for each year of the two-year contract. 22D-1 Contract Amendment for Electrical Services May 7, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (objective code 6261). T (~b~`l1C11~fJ »~d JL Francisco Gutierrez Executive Director f.~ Finance and Management Services Agency FG/BP/06-064A.2:uc 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT AWARD FOR WASTE OIL SYSTEM UPGRADE (SPEC. NO. 07-030) ~~ CITY 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 Award a contract to California Hazardous Services, Inc., for a Waste Oil Systems Upgrade in the amount not to exceed $58,863. DISCUSSION The Santa Ana Corporate Yard, constructed in 1996, provides vehicle and equipment storage areas, as well as offices for the Public Works Agency's Water and Street Maintenance Divisions, the Parks, Recreations and Community Services Agency Park Maintenance Division, and the Fleet Maintenance Division of the Finance and Management Services Agency. The fleet maintenance garage is a fully operational service and repair shop for the approximately 866 vehicles and apparatus owned by the City. The garage is equipped with hydraulic lifts, air compressors, vehicle testing equipment, and storage tanks for fuel and waste oil. All tanks are regularly monitored and tested to ensure compliance with California Water and Health and Safety Codes. Recently, California codes for design and testing of waste oil storage have changed. Current codes require stringent pressure testing of the waste oil transfer lines. The recommended action will redesign the transfer system in order to comply with the new regulations. The notice inviting bids were solicited. as follows: 7 2 2 1 bids was advertised on February 26 and 28, 2007, and A summary of the bid invitations and bids received is Invitations For Bid Invitations For Bid Bids received Bid received from a mailed mailed to Santa Ana vendor Santa Ana vendor 22E-1 Contract Award for Waste Oil System Upgrade May 7, 2007 Page 2 Bids were received and opened on March 21, 2007 follows: vendor: California Hazardous Services, Inc. Inland Petroleum Equipment & Repair Location: The results are as Cost: Santa Ana, CA $58,863.00 Bloomington, CA $62,985.13 The bid received from California Hazardous Services, Inc., is responsive to the specification and meets the City's requirements. To allow for unanticipated requirements, a five percent contingency has been included in the award amount. FISCAL IMPACT Funds are available in the City Yard Operations Machinery & Equipment account (account no. 85-107-6641). ~~1K~4~~S,~ ~.~J~a ,,x Francisco Gutierrez 'T Executive Director Finance and Management Services Agency FG/KM/07-030.2:uc 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: ' CONTRACT AWARD FOR MOLD REMEDIATION (SPEC. NO. 07-027) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from Wolverine Environmental, Inc., as nonresponsive to the specification. 2. Award a contract to Castlerock Environmental, Inc., for mold remediation at six Fire Stations in the amount not to exceed $117,062. DISCUSSION The Building Maintenance Division of the Finance & Management Services Agency is responsible for maintenance and repair of the City's ten fire stations. Visual inspections of the stations revealed water damage due to roof and shower leaks at stations 3, 4, 5, 6, 8, and 9. Subsequently, repairs were performed on the roofs and showers of the identified stations, which range in age between 17 to 56 years. When water damage has occurred in a City facility, the City routinely contracts for an industrial hygiene inspection. The inspection of the identified stations found fungal growth (mold) and included recommendations for remediation. This contract will provide for the removal of the existing mold, including any additional mold discovered during the remediation process. The notice inviting bids was advertised on February 14 and 16, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 12 Invitations For Bid mailed 2 Bids received 22F-1 Contract Award for Mold Remediation May 7, 2007 Page 2 Bids were received and opened on March 20, 2007. Wolverine Environmental, Inc., does not hold a valid California contractor's license for hazardous substance removal and is therefore considered nonresponsive. The bid received from Castlerock Environmental, Inc., is responsive to the specification and meets the City's requirements. To allow for the removal of concealed mold, a ten percent contingency has been included in the award amount. FISCAL IMPACT Funds are available in the Fire Maintenance Building Improvement account (account no. 11-327-6621). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT AWARD FOR EAST AND WEST RESERVOIR UPGRADES (PROJECT NO. 05-3192) I CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2"tl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER /~ RECOMMENDED ACTION 1. Award a contract to Paso Robles Tank, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,151,350 for the East and West Reservoir upgrades. 2. Approve a Funding Analysis with a total estimated construction cost of $1,459,100. DISCUSSION The City's East and West Reservoirs are located at 1730 South Santa Fe Street and 207 South Mountain View Street, respectively (Exhibit 1). Both reservoirs are 6 million gallon above ground circular steel tanks constructed in the 1960's. The exterior coating on both tanks has deteriorated and needs to be replaced. In addition, both reservoirs require safety upgrades and seismic retrofits to bring them into compliance with current standards. To provide partial funding of these improvements, the City has been awarded a grant from the United States Environmental Protection Agency for an amount not to exceed $384,900. The Notice Inviting Bids was advertised on March 2 and 5, 2007, and bids were opened on April 4, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 13 Bids received: 2 Bids received from Santa Ana Contractors: 0 23A-1 East and West May 7, 2007 Page 2 Reservoir Upgrades NAME OF BIDDER 1. Paso Robles Tank, Inc. 2. RPI Coating, Inc. CITY BID AMOUNT Paso Robles $1,151,350 Santa Fe Springs $1,171,985 A total of two bids were received and both were responsive. The lowest bid was submitted by Paso Robles Tank, Inc., for $1,151,350, which is above the Engineer's estimate of $896,240. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007- 65 will be filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,459,100 for the project (Exhibit 2). Funds are available in the Water Enterprise Capital Construction Fund (acct. no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: K:\COnstrnction\RFCA-draft\2007\os-3192 EastWestReservoir 225 WD 5-7-07.doc /~iL.y 7 _. G ~ ~SI~S ~ os . ~ ;,a fi. James G. oss Francisco Gutierrez J Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 23A-2 PR _ PROJECT LOCATIONS no' rc sca~L -- ~GpT1oN.e~P EXHIBIT 1 ~° s? 1 1 City Council Title PROJECT 05-3192 Agenda Date EAST AND WEST RESERVOIR UPGRADES o~3L,L ~,Dx~ a~L~~- May 7, 2007 zz WESfMINl Sf ER AVE 0 ~ > ~ ~ m 15f 5f 0 m o< • s o ~ ~ PROJEC LOCATION ~ WEST RESERVOIR MGFAOOEN AVE MGFAOOEN ~~I AVE ~ F ~ ~ EOI N6ER AVE JECT LOCATION EAST RESERVOIR aouDNn sr 0 z a .D z SAINT nNDFEw PL 55 Q I WARNEfZ AVE O FUNDING ANALYSIS PROJECT 05-3192 EAST AND WEST RESERVOIR UPGRADES Construction Contract $1,151,350 Contract Administration $42,615 Inspection and Testing $144,000 Survey $6,000 Contingencies $115,135 TOTAL ESTIMATED CONSTRUCTION COSTS $1,459,100 Exhibit 2 23A-3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT AWARD FOR THE ZOO AT PRENTICE PARK PICNIC AREA AND LIGHTING, DELHI PARK LANDSCAPING, AND CENTENNIAL PARK PICNIC SHELTERS (PROJECT NOS. 06-6378, 06-7905, 06-6376, AND 07-6000) 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 1. Award a contract to Fleming Environmental, Inc., the lowest responsible bidder for the base bid plus add-on alternate two in the estimated amount of $673,870 for construction of the Zoo at Prentice Park Picnic Area and Lighting, Delhi Park Landscaping, and Centennial Park Picnic Shelters. 2. Approve a Funding Analysis with a total estimated construction cost of $842,300. 3. Approve an appropriation adjustment recognizing $156,000 in the Residential Development District 3 revenue account (account no. 313- 01-5070-3) and appropriating this amount to the Residential Development District 3 expenditure account (account no. 313-232-6631); and recognizing $74,000 in the Residential Development District 4 revenue account (account no. 314-01-5070-2) and appropriating this amount to the Residential Development District 4 expenditure account (account no. 314-232-6631). DISCUSSION Some of the existing amenities at the Zoo at Prentice Park, Delhi Park, and Centennial Park have deteriorated and are in need of replacement or upgrades (Exhibit 1). This project consists of replacing the existing shade structure with an open space picnic area including new benches, landscaping, concrete walkways, and a new lighting system at the Zoo at Prentice Park. 23B-1 The Zoo at Prentice Park Picnic Area & Lighting, Delhi Park Landscaping And Centennial Park Picnic Shelters May 7, 2007 Page 2 In addition, the project includes the installation of landscaping and an irrigation system at Delhi Park and replacement of the existing shade structures, including wall mounted flood lights, at Centennial Park. Add-on alternative two will be used to install sod at Delhi Park. Once completed, these improvements will provide better service and improve the aesthetics at these parks. The Notice Inviting Bids was advertised on March 12 and 14, 2007, and bids were opened on April 4, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 13 Contractors requesting bidding documents: 17 Bids received: 7 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER Fleming Environmental, CS Legacy Construction Hondo Company, Inc. PIMA Corporation Y & M Construction PCN3, Inc. Genesis Development CITY BID AMOUNT Inc. Buena Park Chino Santa Ana Los Angeles Gardena Long Beach Sylmar $673,870 $680,478 $717,385 $762,300 $762,695 $771,052 $834,226 A total of seven bids were received and all were responsive. The lowest bid was submitted by Fleming Environmental, Inc., for $673,870, which is below the Engineer's estimate of $714,260. ENVIRONMENTAL IMPACT Environmental Review Nos. 2004-119 and 2005-75 have been completed and a Categorical Exemption has been filed for Project Nos. 06-6376, 06-6378 and 07-6000, pursuant to the California Environmental Quality Act. Environmental Review No. 2000-005 has been completed. Negative Declarations has been filed for Project No. 06-7905, pursuant to the California Environmental Quality Act.. 23B-2 The Zoo at Prentice Park Picnic Rrea & Lighting, Delhi Park Landscaping And Centennial Park Picnic Shelters May 7, 2007 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $842,300 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (account. no. 156-347-6631) and the Park Acquisition and Development Funds (account. nos. 301-232-6631, 313-232-6631, and 314-232-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G, oss Francisco Gutierrez ~~ Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency 23B-3 EXHIBIT 1 SANTA ANA PV DATE DOUNCIL ~ ~ LApAPNPCi~ C.~~NNIA~L ~ MSC 8HEL7ER8 (PROJECT NO3.06-8378, 06-7905, 06-6378 ^ar ~.s ~* MAY 7, 2007 ' ~ p ~ 07-6000) FUNDING ANALYSIS PROJECT NOS. 06-6378, 06-7905, 06-6376 AND 07-6000 THE ZOO AT PRENTICE PARK PICNIC AREA AND LIGHTING, DELHI PARK LANDSCAPING AND CENTENNIAL PARK PICNIC SHELTERS Construction Contract $673,870 Contract Administration $19,543 Inspection and Testing $65,000 Survey Staking $16,500 Contingencies $67,387 TOTAL ESTIMATED CONSTRUCTION COSTS 842 300 Exhibit 2 23B-5 FUNDING ANALYSIS PROJECT NOS. 06-6378, 06-7905, 06-6376 AND 07-6000 THE ZOO AT PRENTICE PARK PICNIC AREA AND LIGHTING, DELHI PARK LANDSCAPING AND CENTENNIAL PARK PICNIC SHELTERS Construction Contract $673,870 Contract Administration $19,543 Inspection and Testing $65,000 Survey Staking $16,500 Contingencies $67,387 TOTAL ESTIMATED CONSTRUCTION COSTS $842,300 Exhibit 2 23B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: REJECTION OF BIDS FOR CITYOPIDE SLURRY SEAL (PROJECT NO. 07-1027) ' 'v`/ri / CITY MANAGER f 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 Reject all bids for the Citywide Slurry Seal project. DISCUSSION The Public Works Agency maintains a pavement management system that contains street pavement condition inventory data. Based on this system, certain streets have been identified for slurry seal to prevent further deterioration. Slurry seal is durable and cost effective. The Notice Inviting Bids was advertised on February, 30 and 31, 2007, and bids were opened on April 26, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: NAME OF BIDDER 1. American Asphalt South, Inc. 6 14 4 0 CITY Fontana BID AMOUNT $828,508 A total of four bids were received and only one was responsive. Three of four bidders submitted incomplete bids. Roy Allan Slurry Seal, Inc. failed to include a price for a bid item. Pavement Coatings Co.'s bid failed to include a revised bid schedule which the City issued as Addendum no. 3. Due to a clerical error, Addendum no. 3 was not sent to Bond Blacktop, Inc. and as a result its bid did not contain the correct bid schedule. The only responsive bid was submitted by American Asphalt South, Inc. for $828,508, which is above the Engineer's estimate. 23C-1 Citywide Slurry Seal May 7, 2007 Page 2 Based on the above, staff recommends that all bids be rejected. Staff believes rebidding the project will mitigate the effect caused by the addendum and therefore provide for more competitive bids. Following Council action, staff will re-advertise the project for bids and bring it back to the City Council on June 4, 2007 for award. BNVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. James G. ~ ss Executive Director Public Works Agency K:\COnetruction\RPCA-draft\07-1027 Citywide Slurry Seal.doc 60 WD 23C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT AWARD FOR FAIRVIEW/ MACARTHUR INTERSECTION WIDENING AND EDINGER/MOHAWK TRAFFIC SIGNAL MODIFICATION (PROJECT NOS. OS-1707 AND 07- 1026) r ~,,,.~-1 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 1. Award a contract to Alliance Streetworks, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $668,966 for construction of Fairview/MacArthur intersection widening and Edinger/Mohawk traffic signal modification. 2. Approve a Funding Analysis with a total estimated construction cost of $836,400. The proposed widening at Fairview Drive and Edinger Avenue provides for the addition of right-turn lanes for the southbound and eastbound approaches (Exhibit I). These improvements are needed to improve traffic flow through the intersection which currently is not operating at an acceptable level of service. This project provides for construction of new street pavement, sidewalks, curbs, gutters, and curbs ramps. The project also includes a traffic signal modification at the intersection of Edinger and Mohawk to provide protective left-turn movements and right-turn movements. Improvements include replacing traffic signal poles, foundations, conduits and signal equipment. Once completed, these improvements will enhance safety and traffic flow for the Hector Godinez High School students. The Notice Inviting Bids was advertised on March 7 and 9, 2007, and bids were opened on March 29, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23D-1 Fairview/MacArthur Intersection Widening And Edinger/Mohawk Traffic Signal Modification May 7, 2007 Page 2 Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 23 Bids received: 9 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY BID AMOUNT 1. Alliance Streetworks, Inc. Anaheim $ 668,966.00 Santa Fe 2. Sequel Contractors, Inc. Springs $ 672,758.50 Corona 3. Hillcrest Contracting $ 679,576.14 4. Elite Bobcat Service, Inc. Corona $ 679,835.50 5. L.H. Engineering, Inc. Anaheim $ 744,760.00 6. Oak Engineering, Inc. Pomona $ 747,004.00 7. Palp, Inc. DBA Excel Paving Company Long Beach $ 776,366.05 8. Hardy & Harper, Inc. Santa Ana $ 906,261.00 9. PCN3, Inc. Long Beach $ 980,228.00 A total of nine bids were received and all were responsive. The lowest bid was submitted by Alliance Streetworks, Inc., for $668,966, which is below the Engineer's estimate of $684,688. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption, ER Nos. 2002-440 and 2006-175 were filed for this project. 23D-2 Fairview/MacArthur And Edinger/Mohawk May 7, 2007 Page 3 FISCAL IMPACT Intersection Widening Traffic Signal Modification The funding analysis shows a total estimated construction cost of $836,400 for the project (Exhibit 2). Funds are available in the Measure M Street Construction fund (account no. 32-551-6631) and the Select Street Construction fund (account no. 59-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. ss ~~rancisco Gutierrez Executive Director ~ Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\COnstruction\RFCA-draft\2007\OS-1707 RFCA 2007-OS-07.doc 23D-3 N.T.3 VICINITY MAP (N. T.5.7 PROJECT AREA ~%~ nr ~'' EXHIBIT 1 SANTA ANA Titles FAIRVIEW / MACARTHUR INTERSECTION ~ , P~ AGENDAUDATE~ EDINGER %VMOHNAWK SIGNAL MODIFICATION 1110 °'*'m" (PROJECTS 05-1707/07-1026) 23D-4 FUNDING ANALYSIS PROJECT NOS. 05-1707 AND 07-1026 FAIRVIEW/MACARTHUR INTERSECTION WIDENING AND EDINGER/MOHAWK TRAFFIC SIGNAL MODIFICATION Construction Contract $ 668,966 Contract Administration 34,437 Inspection and Testing 42,800 Survey Staking 23,300 Contingencies 66,897 TOTAL ESTIMATED CONSTRUCTION COSTS $ 836,400 Exhibit 2 23D-5 23D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONTRACT AWARD WITH SAPPHOS ENVIRONMENTAL, INC. TO PERFORM HISTORIC RESOURCES CONSULTING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2n0 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 a contract with Sapphos Environmental, Inc. to assist with historic resources consulting services in an amount not to exceed $90,000. DISCUSSION As a Certified Local Government with the State Office of Historic Preservation, the City has agreed to participate with the ongoing survey and documentation of historic resources throughout the city. Further, the Historic Resources Commission has identified as one of its objectives the need to continue documenting and maintaining records for properties eligible for listing on the Santa Ana Register of Historical Properties. The City has been working with Sapphos Environmental, Inc. since January 2006 to comprehensively research and document historic structures. An agreement with Sapphos Environmental is recommended due to the firm's unique experience as to Santa Ana's historic resources, and its excellent track record of historic resource consulting. Tasks included in the scope of work include conducting windshield surveys, preparation of historic resource templates to document individual resources, performing field survey and research, and attending meetings of the Historic Resources Commission and other staff meetings as required. The recommended contract amount would be for an amount not to exceed $90,000. 25A-1 Contract Award for Historic Resources Consulting Services May 7, 2007 Page 2 FISCAL IMPACT Funding for this project is available in the Community Development Block Grant (CDBG) fund (account no. 135-149-6291; Project 07-7503). APPROVED AS TO FUNDS AND ACCOUNTS: a M. revino Francisco Gutierrez , ecutive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~~~~ Ste{~hen G. Ha}~ding Deputy City tanager for Development Services Community Development Agency HS:rb Hs:\hietoric_info\Sapphoe_con[ract\Sapphoe_con[ract.cc 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MPaY 7, 2007 TITLE: PVRCHA3E AGREEMENT3 FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: Luis Tamalatzi & Monica Cervantes for the purchase of the residential property located at 1242 W. Highland in the amount of $585,000; Myrtis Maddox for the purchase of the residential property located at 1301 Raymar in the amount of $680,000; Raul and Rosa E. Cibrian for the purchase of the residential property located at 717 S. Bristol in the amount of $690,000; Vision 123 Property Management for the purchase of the commercial property at 1003 S. Bristol in the amount of $750,000. On May 7, 2007 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 islands, traffic improvements, drainage structures, sound walla, and other amenities as outlined in the Specific Plan. 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. 25B-1 Purchase Agreements for Bristol Street Corridor May 7, 2007 Page 2 TNVIRONMENTAL 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. Purchase Agreements FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ James G. Ross Francisco Gutierrez ~ ~, executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25B-2 MATCHLINE SEE BOTTOM RIGHT LEGEND WALNUT ST. MATCHLINE SEE ABOVE LEFT EXHIBIT 1 SANTA ANA PURCHASE AGREEMENTS FOR CffY COUNCIL TfTLE~ P` AGENDA DATE BRISTOL STREET CORRIDOR MAY 7, tom (PROJECT 06-1500) ~K.~,a„n SUBJECT PROPERTES ACQUIRED PROPERTIES i 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: AGREEMENT WITH HYDROBLAST EXTERIOR CLEANING COMPANY FOR HARDSCAPE CLEANING SERVICES IN THE SANTA ANA CIVIC CENTER r~/? CIT MANAGER RECOMMENDED ACTION 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 authorize the City Manager and the Clerk of the Council to execute a two-year agreement, with three one- year renewal options, with Hydroblast Exterior Cleaning Company to provide hardscape cleaning services in the Santa Ana Civic Center in an annual amount not to exceed $208,230. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the maintenance of the Civic Center complex. The contract will provide for the monthly cleaning of concrete areas with high pedestrian traffic by means of high pressure washing, thereby improving the appearance and maintaining clean, attractive areas. The notice inviting bids was advertised on March 16 and 19, 2007, and a request for proposals was solicited. A summary of the request for proposal invitations and proposals received is as follows: 18 Requests For Proposal Mailed 3 Requests For Proposal Mailed to Santa Ana vendors 1 Proposal Received The proposal received was opened on April 4, 2007, and evaluated. The bid received from Hydroblast Exterior Cleaning Company is responsive to the specification. Hydroblast has been providing this service in the Civic Center for the past five years and staff has been pleased with the level of performance under the existing contract. 25C-1 Agreement with Hydroblast May 7, 2007 Page 2 FISCAL IMPACT Funds are available in the Civic Center Buildings and Grounds Maintenance Contract Account (account no. 74-242-6291). APPROVED AS TO FUNDS AND ACCOUNTS: l ~` ~/7 ~~ cam' Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency Francisco Gutierrez 4 Executive Director Finance & Mgmt. Services Agency 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: AGREEMENT WITH PUBLIC RESOURCES MANAGEMENT GROUP FOR DEVELOPMENT USER FEE STUDY, WATER AND SEWER FUND STUDY, AND FULL COST ALLOCATION PLAN 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 the Clerk of the Council to execute an agreement with Public Resources Management Group for a study of the City's general fund development user fees, water fund, and sewer fund, and for a full cost allocation plan in an amount not to exceed $116,000. DISCUSSION Best practices require that cities from time to time study development related fees in order to ensure appropriate cost recovery and guard against potential legal challenges concerning the nexus between the amount of development-related fees and the services provided. California law provides that any development fee charged by a local agency shall not exceed the estimated reasonable cost of providing the service. However, the law authorizes agencies to recover all costs associated with development processing. In addition to a comprehensive analysis of the city's development fees, a study also is recommended of the City's sewer and water enterprise funds, as well as a thorough study of all indirect costs of other agencies in the support of these services. The purpose of this recommendation is to assess the true cost to provide related services to our customers in order to update the city's development fees, realize potential revenue to offset general fund expenditures and to ensure that proper legal requirements are met. On December 20, 2006, requests for proposals were sent to ten consulting firms specializing in municipal financial consulting and cost recovery. Four proposals were received. A review team from the various City agencies evaluated the proposals and recommend Public Resources Management Group as the consulting firm ranking highest in experience, professional 25D-1 Agreement with Public Resources Management Group May 7, 2007 Page 2 staff, and methodology, as well as time required. The total proposal $10,000 contingency budget for any desirable. FISCAL IMPACT reasonableness of cost and City cost is $116,000, which includes a additional work effort the City staff deems Funds in the amount of $91,000 are available in the Planning and Building Agency's account for other contractual services (account no. 11-503-6291), and funds in the amount of $25,000 are available in the Finance and Management Services Agency's account for other contractual services (account no. 11-170-6291). APPROVAL AS TO FUNDS AND ACCOUNTS: ~~ J M. Trevino Executive Director Planning & Building Agency SB:rb Bb\RFCA'e\06-07\Fee Study-May 07 Executive Director Finance & Management Services Agency 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: AGREEMENT AMENDMENT FOR NORTHROP GRUMMAN PUBLIC SAFETY, INC. SOFTWARE MAINTENANCE ,A~~ ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED CONTINUED TO ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Northrop Grumman Public Safety, Inc, to provide software maintenance and support for patrol vehicle computers in an amount not to exceed $46,011 for a one-year term. DISCUSSION In 1997, the Police Department was awarded a federal "COPS MORE" grant to purchase laptop computers for patrol officers. The Northrop Grumman Public Safety, Inc. (PSI) automated field reporting software enables the patrol vehicle computers to link with the Police Department's Computer Aided Dispatch (CAD) system. This link permits the computers to send and receive messages, calls for service, emergency traffic, and information regarding wants and warrants. Additionally, the software allows officers to complete their police reports on their vehicle computers while still in the field. The PSI software is proprietary and can only be serviced by Northrop Grumman. The one-year service agreement amendment will provide maintenance, upgrades, and support for the software. FISCAL IMPACT Funds are available in the (account no. 11-338-6291). Police Department's Computer Systems fund APPROVED AS TO FUNDS AND ACCOUNTS: ~/ v ~~ ~/ Paul M. Wa ers `2 Chief of Police Police Department ~Fr~ncisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E-1 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: AGREEMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES ~~(_i CITY MANAGER 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 execute an agreement with the Airborne Law Enforcement Services Joint Powers Authority for law enforcement helicopter services in an annual amount not to exceed $245,000. In October 1994, the City of Santa Ana began participating in the Airborne Law Enforcement Services (ABLE) program. ABLE is a regional helicopter program, which combines the airborne resources of the City of Costa Mesa and the City of Newport Beach to provide enhanced law enforcement services to participating agencies. The intent of the program is to make helicopters more available and affordable to law enforcement agencies throughout the region. Law enforcement helicopters allow the Police Department to continue to provide a rapid and enhanced response to incidents posing the greatest risk to the public, including robberies, burglaries, assaults, and fleeing felons. The agreement provides for services from July 2007 through June 2008. A portion of this program is being funded by the Community Development Block Grant Program and will comply with the program regulations. In addition, the Santa Ana Police Department will provide one full-time sworn police pilot/observer to the ABLE program and, in exchange, receive a credit of $150,069 to reduce the cost to $245,000. 25F-1 Agreement for Law Enforcement Helicopter Services May 7, 2007 Page 2 FISCAL IMPACT Funds will be available in the FY 2007-08 Community Development Block Grant fund (account no. 135-149-6931) and in the Police Department's Patrol Services fund (account no. 11-337-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walt s ~~- Chief of Police Police Department ncisco Gutierre z Executive Director Finance & Mgmt. Services Agency Stephen G. Harding Deputy City M ager for Development Services Community Dev lopment Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; CLERK OF COUNCIL USE ONLY: APRIL 16, 2007 TITLE: VARIANCE NO. 2007-01 TO REDUCE PARKING STANDARDS FOR A HOME IMPROVEMENT WAREHOUSE AT 1044 EAST FOURTH STREET - HD SUPPLY, APPLICANT C l~/~ c4.,----~~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2007-01 as conditioned. PLANNING COMMISSION ACTION On March 26, 2007, the Planning Commission approved Variance No. 2007-O1 as conditioned by a vote of 7:0 to allow a reduction in parking standards for a home improvement warehouse located at 1044 East Fourth Street in the Heavy Industrial (M-2) zoning district. The Planning Commission added conditions to require that all employees park on the project site and that the conditions of the variance be reviewed by the Planning Division after 90 days, 6 months, 1 year and annually there after from the date of issuance of the Certificate of Occupancy for the project (Exhibit A). Correspondence received for the project is attached as Exhibit B. FISCAL IMPACT There is no fiscal impact associated with this action. ~~v `-~ Ja M. Trevino Executive Director Planning & Building Agency BA:rb ba/repcrts2009/va07-O1 FID Supply.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 26, 2007 TITLE: PUBLIC HEARING - FILED BY HD SUPPLY FOR VARIANCE NO. 2007-01 TO REDUCE PARKING STANDARDS FOR A HOME IMPROVEMENT WAREHOUSE AT 1044 EAST FOURTH STREET Prepared by Bill Apple Executive Director RECOMMENDED ACTION PLANNING SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning M ager Adopt a resolution approving Variance No. 2007-01 as conditioned. DISCUSSION Request of Applicant Doug Couper, representing HD Supply, is requesting approval of a parking variance to reduce parking standards for a home improvement warehouse at 1044 East Fourth Street. Property Description The project site is a 4.3 acre southwest corner of Fourth and Atchison, Topeka and Santa Fe industrial buildings on the Building "A" is 55,021 square f of 34,821 square feet. The distribution and warehouse uses. irregularly shaped parcel located at the Santa Fe Streets immediately east of the railroad line. There are two existing site that total 89,842 square feet. eet in size with Building "B" consisting two buildings were previously used for The site has a zoning designation of Heavy Industrial (M-2) and a General Plan designation of Industrial (IND). Surrounding the property are industrial uses to the north, a telecommunications switching station and industrial uses to the east, the First Street underpass to the south and railroad tracks and industrial uses to the west (Exhibits 1 and 2). EXHIBIT A 31 A-2 Variance No. 2007-01 March 26, 2007 Page 2 The property is located in the Santa Ana Renaissance Specific Plan study area. This plan is anticipated to be heard by the City Council in the summer of 2007. The plan conceptually designates the front portion of the site as an Urban Neighborhood 2 zone while the rear portion of the site is proposed to be designated as a Residential/Industrial zone. The specific plan would allow existing uses to continue in compliance with the non-conforming provisions of the Santa Ana Municipal Code. Project Description The applicant is proposing to re-use the two industrial buildings on the site as a home improvement warehouse and drive-through lumber yard (Exhibit 3). Building "A", which fronts on Fourth Street, will be utilized as the home improvement warehouse. Approximately 3,640 square feet will be removed from the northwest corner of the building to allow a 100-foot diameter turning radius to accommodate WB-50 trucks. Approximately 1,403 square feet will be added to the west side of Building "A" which will be used as the primary receiving and delivery area for both buildings. Building "B", at the rear of the site, is 34,821 square feet and will be used as a drive-through lumber yard. Customers will drive past a guard shack into a secured area where they will drive into the building, load lumber and supplies, then park within the secured parking area adjacent to Building "A" while they pay for their supplies. Twenty-two parking spaces have been provided in the secured parking area for the exclusive use of lumber yard customers. The applicant is also proposing an exterior equipment rental area adjacent to the guard shack. The exterior area behind Building "A" and adjacent to Building "B" will be used as an outdoor sales area for the project. A loading zone and canopy are located in this area and will be demolished. The project has been conditioned so that equipment rental, storage or sale of product is only permitted within the two buildings or in the area between Buildings "A" and "B". These activities are not permitted in customer parking areas east of Building "A" and north of Building "B". Ten feet of landscaping will be provided along Fourth Street between the main project drive aisle and Santa Fe Street. An existing 10-foot on-site planter area adjacent to Santa Fe Street will be replanted with shrubs and ground cover and the existing Podocarpus and Melaleucas trees will be trimmed. Bougainvillea vines will be planted in bare spots along the railroad line to continue the existing screening of the site from the railroad corridor. 31 A-3 Variance No. 2007-01 March 26, 2007 Page 3 Analysis of the Issues HD Supply operates as the wholesale division of Home Depot and serves customers of all sizes, including contractors, municipalities, builders, government entities, industrial businesses and maintenance professionals. The organization has nearly 1,000 locations across the United States and in Canada, and over 26,000 associates, with sales that approached $12 billion dollars in 2006 (Exhibit 4). HD Supply is proposing to occupy a vacant industrial site and re-use two industrial buildings as a home improvement warehouse, a use permitted by right in the Heavy Industrial (M-2) zoning district. The project is essentially a continuation of use, meaning one industrial tenant has vacated the site and a new industrial tenant is moving in. The project is before the Planning Commission because HD Supply is requesting a 72 space parking variance necessary to occupy the site. Required parking for the project is two parking spaces per 1,000 square feet of gross floor area as required by the City's industrial parking standards. Based upon a total gross building square footage of 88,020 square feet, 176 parking spaces are required for the project while 104 parking spaces have been provided. In order to determine whether or not the existing number of parking spaces would be adequate enough to support the new industrial tenant, a parking analysis was prepared by Parsons Transportation Group, Inc., with additional analysis prepared by Austin-Foust Associates, Inc. The Parson's study analyzed the parking demand for two HD Supply (formally Contractors' warehouse) locations in the cities of Pomona and Montebello. The Parson's study identified that the maximum parking demand at any time was 88 spaces for the Montebello store and 99 spaces for the location in Pomona. These stores are 76,000 and 65,000 square feet respectively. The Montebello store more closely approximates that which is proposed in Santa Ana because of its size (76,000 square feet) and its location in an industrial area. The Pomona store, with its somewhat higher parking demand, is situated in a large retail center. The Parson's report provides an overall recommendation of one parking space per 950 square feet of building area for this type of use located in industrial areas. Applying this ratio to the Santa Ana location, 93 parking spaces would be required while 104 parking spaces have been provided (Exhibit 5). 31 A-4 Variance No. 2007-O1 March 26, 2007 Page 4 A supplement to the Parson's Report was provided by Austin-Foust Associates, Inc. This study was completed using the Institute of Transportation Engineers (ITE) Parking Generation Manual, which is regarded in the industry as the best source on parking demand. Using the ITE publication, the parking demand for industrial type users is 1.18 spaces per total square footage which is equal to the 1.18 parking ratio provided for the proposed project (Exhibit 6). Along with these studies, an actual case study of parking demand was conducted for a similar operation in the City of La Habra. This location is also in an industrial zone, consists of two buildings and has more square footage than the proposed Santa Ana location (108,400 square feet compared to 88,020 square feet at the Santa Ana location). Parking was observed for six days (two Fridays, two Saturdays and two Sunday's in November-December 2006). The results of those parking observations revealed a maximum parking demand of 42 spaces, 35 vehicles in the general customer parking lot and another seven vehicles loading lumber and other building supplies. Based upon the findings of the studies and actual parking demand case studies at three existing Contractors' Warehouse locations, the Austin- Foust Associates, Inc. study concluded that the peak parking demand on the single highest day of the year at the proposed Santa Ana HD Supply location will not exceed 90 parking spaces (including all contractor vehicles). Since 104 parking spaces have been provided on the site, the study concluded that there is adequate parking provided for HD Supply to occupy the proposed site. At the February 26, 2007 Planning Commission meeting, the Commission held a hearing and received testimony on the HD Supply project and the parking variance. After receiving extensive input, the Planning Commission continued the project for 30 days and asked staff to investigate four items: 1) The feasibility of establishing a permit parking district in the area; 2) Clarify the applicant's request related to the potential modification of Condition Nos. 9 and 10 that pertained to the location of rental equipment at the facility; 3) Identify if train activity blocks Fourth Street as they enter and exit the Santa Ana train station; and 4) Identify methods to prevent the loitering of day laborers at the facility. The first issue pertained to permit Public Works Agency has researched permit parking district in the area. parking in the immediate area. The the feasibility of establishing a Currently, the City does not have 31 A-5 Variance No. 2007-01 March 26, 2007 Page 5 a commercial permit parking program as commercial land uses typically generate parking intrusion problems in adjacent residential neighborhoods that have in part, led to the Residential Permit Parking Program. Under the residential permit parking program, ineligible properties such as commercial establishments within a qualifying block typically do not have the permit parking restriction placed along their frontage. Council establishes residential permit parking districts by resolution in accordance with an existing ordinance and following a request from a resident for permit parking. A qualifying request occurs when staff verifies that 75 percent or more of the available on-street parking is occupied (and driveways are also utilized) on a block-by-block basis. If the block qualifies, City staff initiates the establishment of a new permit parking district and then provides a permit parking petition for each qualifying block. Permit parking is implemented on each block that demonstrates through a city-verified petition that at least 66 percent of the affected residential property owners on the block support permit parking. The speakers at the last Planning Commission public hearing were from areas immediately east of the project, which are not within an established permit parking district. Public works will investigate the resident's requests for permit parking and recommend permit parking if their block meets the above conditions. The second issue pertained to the outdoor storage and sales at the facility and the applicants desire to modify proposed conditions. Condition Nos. 9 and 10 of the variance restricts outdoor storage, sales and equipment rental/leasing to select areas of the site. The applicant agrees with the proposed conditions as they pertain to product sales and storage, but would like to modify the conditions to allow equipment leasing and rental within the secured parking area adjacent to the guard shack and closer to the entrance of their facility. Staff has conditioned the project so that leasing and rental of equipment can only take place within the buildings or at the south side of Building "A" and west side of Building "B" if exterior. Staff does not recommend the applicant's modifications as the purpose of this condition is to keep equipment rental, product storage, and product sales out of designated customer parking areas. The conditions of approval will free up an additional five parking spaces for customer use and will make it very easy for code enforcement to enforce any violation of these conditions if these activities occur in any customer parking areas. 31 A-6 Variance No. 2007-O1 March 26, 2007 Page 6 The third issue involved the stoppage of trains on Fourth Street as they approach the Santa Ana station. Staff contacted representatives from Metrolink and the Burlington Northern Santa Fe (BNSF) railroad for information. Metrolink does not have trains stopping on Fourth Street; however, BNSF trains may occasionally need to stop for approximately 30 seconds while the switching station south of Fourth Street is operating. This should not interfere with vehicular traffic on Fourth Street as the BNSF trains run only six times per day and normally at off peak hours. Also, staff monitored the crossing on two occasions (8:00 to 9:30 a.m. and 3:30 to 5:00 p.m.) on March 16, 2007 and didn't observe any trains stopping on the tracks. Finally, an issue was raised regarding day laborers congregating at the site. As a condition of the project, "NO Loitering" signs will be posted at the facility in conformance with California Penal Code ("CPC") Section 602. However, the Police Department would need to receive a complaint from the property owner to enforce the "no loitering" provision. The project could be conditioned to require a private security guard to prevent on-site loitering. It is likely, however, that day laborers would find another location close to the site to congregate. Other cities have required on-site hiring trailers with restroom facilities to be provided. This alternative would require the site plan to be modified to accommodate this alternative. It is likely that some day laborers will use parking on the HD Supply site or in the surrounding area while they seek work and that the City will experience an increase in the number of day laborers that congregate on or near the site if the proposed project is approved. On March 20, 2007 a meeting was facilitated by City staff with representatives of HD Supply, the property owner, and members of the adjacent residential and industrial neighborhoods. The meeting topics focused on those items discussed during the previously mentioned public hearing and included concerns about parking intrusion into the neighborhood, hours of operation and delivery, potential for additional traffic on Santa Fe, Second and Third, potential for congregation of day laborers, potential for noise and potential for trucks backing out onto Fourth Street causing unsafe conditions and traffic delays. During the meeting the representatives of HD Supply clarified their operations for the neighbors in order to address their concerns about hours of operation, deliveries, potential for additional noise, their strategy for discouraging congregation of day laborers and the operation of the truck delivery area. The issue of additional traffic on Santa Fe and Second and Third was also discussed and staff proposed that the existing 31 A-7 Variance No. 2007-01 March 26, 2007 Page 7 access on Santa Fe be restricted to morning deliveries only and that the gate not be open during the hours of store operation in order to prohibit customer traffic on those streets. The HD Supply representatives were amenable to this solution and a condition has been added to address it. Based upon the above analysis and findings, staff recommends that the Planning Commission approve the variance required for the project as conditioned. CEQA Compliance This project was reviewed in accordance California Environmental Quality Act. The further review pursuant to Section 15301. additions to existing structures provided in an increase of more than 2,500 square Environmental Review No. 2006-126 will be f with the guidelines for the recommendation is exempt from This Class 1 exemption allows the addition will not result feet. Categorical Exemption fled for this project. ~r / ~ w Bill Appl ~ Vincet=Fregoso Associate Planner Senior Plann~ BA:jm ba/reports200]/va0]-Ol FID Supp1y.03260].pc 31 A-8 -P3 P3-xou P,}mi V ,ei Pz ~1 qt C5 Rl '~ Ao~ ~3. M2 Pz . _ Ae; 2 ~ ~z,~:_ _ ~ R1 ~ , R2 A"q2B M1 0 e ~, Rl V 2 ' Pz ^ P~ y~ ` M2 0 D ~ .~ ds. ~ol - DS I u G so flz B ~* R3 /. ~ ~ P3 ~ xz S F t 0 /~\ II ~ P~ M~ R3 i' R1 ~ PRD , i 1 ~\ 0 " ~ M2 0 Rt R1 II ,c, w.'m p1 ~ ~~ ~4,t ~ sd ~1 ~ SD-21 R7 R1 }~° I~ mom„ pz pz ~"" ~ ~~ 0 Mt Ra R3 R1 ~ R10~ N~~ r. 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F., ~- • SUPPLY WHOLESALE DIVISION OF THE HOME DEPOT TO BE BRANDED "HD SUPPLY" Atlanta, September 25, 2006 -The Home Depot, the world's lazgest home improvement retailer, today announced that its growing family of wholesale distribution businesses will be united under the common brand HD Supplysm, "The HD Supply brand represents the rich legacy of each company in our division and the expanded opportunity afforded to our customers as a result of The Home Depot's financial strength, supplier relationships and value-add marketing opportunities," said Toe DeAngelo, executive vice presidentrpresident, HD Supply. "A common brand enables us to showcase our unique ability to provide end-to-end solutions for our customers. Our goal is to make it easier for customers to do business with us by providing reliable, efficient service for a larger scope of their project needs." The wholesale division has been operating at a group level under the HD Supply name for some time, but each business has continued to operate under its existing brand. Throughout the coming months, each HD Supply business will be transitioning to the new brand identity and reaching out to customers to communicate the change. While the brand names of all HD Supply companies will now be streamlined, each still has the same experienced leadership and account teams that customers expect. HD Supply serves professional customers of all sizes -including contractors, municipalities, builders, government entities, industrial businesses and maintenance professionals - with a continuum of products and services, from infrastructure and construction to maintenance, repair and remodel. The organization has nearly 1,000 locations across the United States and in Canada, and over 26,000 associates, with projected 2006 sales of $12 billion. "We've stated our strategy of repeating on the professional side the same type of industry transformation The Home Depot pioneered in the do-it-yourself retail space," said DeAngelo. "The combined strength of HD Supply provides the solid platform to get us there. Afrer building leadership positions in a broad range of offerings over the last few yeazs, we are now aligning each business under a single entity capable of providing a complete range of solutions. We plan to draw on the expertise of our combined $69 billion supply chain and best practices to provide professional customers an unmatched supplier relationship." The family of HD Supply businesses provides products and services in the following platforms: • Infrastructure: Products and services to construct and support the public works systems for residential and commercial projects • Construction: Interior and exterior structural building components for residential and commercial projects, primarily serving plumbing, electrical, mechanical and general contractors; homebuilders; industrial companies; original equipment manufacturers; and commercial businesses • Maintenance: Products and services for the routine maintenance, repair and operations (MRO) needs of multifamily housing, hospitality, healthcaze, government and industrial facilities • Repair/Remodel: Home improvement products and building materials, serving the consumer, professional handyman and light remodeler mazkets For more about HD Supply, visit www.hdsunplyinc.com. -more- VA 07-1 EXHIBIT 4 ~~~~~ 7 -2- About HD Supply HD Supply s'" provides professional customers with superior products, support and services for the entire project lifecycle, from infrastructure to construction to lifetime maintenance, repair and remodel. With neazly 1,000 locations and more than 26,000 associates, HD Supply is one of the lazgest diversified wholesale distributors in North America. About The Home Depot The Home Depot' is the world's lazgest home improvement specialty retailer, with 2,088 retail stores in all 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands, 10 Canadian provinces and Mexico. Through its HD SupplysM businesses, The Home Depot is also one of the lazgest diversified wholesale distributors in the United States, with nearly 1,000 locations in the United States and Canada offering products and services for building, improving and maintaining homes, businesses and municipal infrastructures. In fisca12005, The Home Depot had sales of $81.5 billion and earnings of $5.8 billion. The Company employs approximately 355,000 associates and has been recognized by FORTUNE magazine as the No. 1 Most Admired Specialty Retailer and the No. 13 Most Admired Corporation in America for 2006. The Home Depot's stock is traded on the New York Stock Exchange (NYSE: HD) and is included in the Dow Jones industrial average and Standard & Poor's 500 index. For more information. contact: Financial Community Diane Dayhoff, Investor Relations (770)384-2666 diane_dayhoff@homedepot.com ### News Media Donna Taliercio, HD Supply Public Relations (407)822-2050 donna.taliercio@hughessupply.corn Paula Smith, Public Relations, The Home Depot (941)488-1289 paula_c_smith@homedepot. com Page 2 of 3 3114-18 Welcome to The Home Depot, Inc. Corporate Web Site Page 1 of 2 360-0egree Solution Through our portfolio of business platforms, HD Supply provides every phase of a building project: Infrastructure: Includes the products and services to construct a systems for residential and commercial projects. HD Supply busir are: ^ Waterworks -Distributes complete lines of water and waste serving contractors and municipalities. ^ Utilities -Distributor of electric transmission and distribution districts, investor-owned utilities, and rural electric cooperativ Construction: Covers the interior and exterior structural building commercial projects, serving primarily plumbing, electrical, meth: homebuilders, industrial companies, original equipment manufact HD Supply businesses included under Construction are: ^ Plumbing/HVAC -Distributes plumbing and heating, ventila including pipe, valves and fittings, pumps and tanks, and pre ^ Fasteners & Tools -Distributes diverse selection of fastene supplies. ^ Interiors -Offers comprehensive design center services, alt multiple interior finish options, including flooring, cabinets, co ^ Electrical -Supplies complete line of electrical construction communication products. ^ Construction Supply -Distributes specialty hardware, tools ^ Lumber & Building Materials - Distributes a full line of lumb< windows, doors and associated building products. Maintenance: Includes products and services for the routine mai (MRO) needs of multifamily housing, hospitality, healthcare, gove Supply businesses included under Maintenance are: ^ Facilities Maintenance -Supplies building maintenance pro services in the U.S. and Canada. ^ Industrial Pipe, Valves and Fittings -Distributes high quality alloy products for industrial, mechanical and specialty uses. ^ Litemor®-Supplies commercial and residential lighting pro ^ USABIueBook -Provides catalog sales of MRO supplies to treatment industry. Repair/Remodel: Includes home improvement products and buil consumer, professional handy man and light remodeler markets. under Repair/Remodel are: ^ Repair & Remodel -Offers light remodeling and constructio ^ Distribution Services -Primary fastener supplier to The Hor Page 3 of 3 http://corporate.homedepot.com/wps/portal/H>~u~~_36a Solution 1/25/2007 Parking Study of Two Contractors' Warehouse Stores FINAL REPORT Prepared For: Home Depot USA, Inc. Prepared by: PARSONS TRANSPORTATION GROUP, INC. February 27, 2006 A-2 3° Parking Study of Two Contractors' Warehouse Stores FINAL REPORT Prepared For: ,~ ~EOF Tf;~,`\\ e ~'~?;.. .gp~llp Home Depot USA, Inc. ~ ~.: ~ ............... :. e 0 JOEL W. FITTS 0® ....:......................y...~ - f o'•, 87705 e Prepared by: ~O~AO,~~c~iCENSE~•G~~`~~% as®~ °®°~°°~ ~ I3~ID PARSONS TRANSPORTATION GROUP, INC. February 27, 2006 A-3 31 A-21 TABLE OF CONTENTS List of Tables .................................................................................................................................. ii Executive Summa ' ry ....................................................................................................................... iii 1. Introduction .................................................................................................................................1 Purpose of the Study ............................................................................................................] Study Procedure ...................................................................................................................1 2. Store Characteristics ...................................................................................................................3 Study Stores .........................................................................................................................3 Design Day ...........................................................................................................................3 3. Parking Studies ...........................................................................................................................5 Parking Lot Use ...................................................................................................................5 Customer Activity ................................................................................................................7 4. Analysis Results ..........................................................................................................................9 Data Comparison .................................................................................................................9 Design Day Adjustment .....................................................................................................10 Analyzing Parking Demand ...............................................................................................1 l 5. Conclusions &Recommendations ............................................................................................14 Appendices A -Parking Lot Surveys B -Hourly Parking Lot Occupancy and Customer Counts A-4 31 A-22 LIST OF TABLES 1. Summary of Study Store Characteristics .............................................................................3 2. Peak Hours of Customer Activity and Parking Demand .....................................................7 3. Visiting Customers versus Transactions ..............................................................................8 4. Employees, Customers, and Transactions on the Study Day ..............................................9 5. Peak Parking Demand on Study Day, Design Day, and Busiest Day ................................10 A-5 31 A-23 EXECUTIVE SUMMARY Parsons Transportation Group Inc. (Parsons) was retained by The Home Depot to perform a parking study for two of its Contractors' Warehouse stores in the Los Angeles area. Specifically, this study provides a detailed analysis of daily parking activity at two Contractors' Warehouse stores in the Los Angeles area during the fall of 2005. These analyses result in parking demand relationships that can be used by Home Depot to estimate the parking requirements of future Contractors' Warehouse stores, both inside and outside of Southern California. Conclusions & Recommendations • None of the Contractors' Warehouse store parking lots filled to capacity on any of the study days. • The average peak occupancy among the study stores was 69% of the parking spaces available for use. The lowest peak occupancy was 61 % and the highest was 78%. • At the Pomona store, a certain number of parking spaces were taken out of service by the placement of stacks of building materials and the storage of rental equipment and forklifts. • The 5`h busiest day was chosen for the design day in this analysis. This means that each store would have adequate parking spaces for the parking demand experienced every hour of every day of the year except for during the peak hours of demand on the 4 busiest days of the year. • The two study stores exhibited similar patterns of parking lot use, and experienced similar peak hours of customer and parking activity. However, each store experienced different transaction-based characteristics. This is likely due to the fact that the Montebello store is located in an industrial area and the Pomona store is located in a retail shopping center. (The Pomona store had a higher relative parking demand because it had more visiting customers who did not make a purchase.) • Based on this study, it appears that Contractors' Warehouse stores located in retail shopping centers attract more browsing customers and therefore need more parking than stores located in industrial areas. • The resultant design-day square footage rates varied between the study stores, ranging from 598 square feet per required parking space at the Pomona store to 957 square feet per required parking space at the Montebello store. • [n terms ofbuilding space, the average square footage rate between the study stores was 777 square feet per required parking space. The use of this average to calculate future parking demand is not recommended. III A-6 31 A-24 • Previous parking studies have shown that there is virtually no correlation between the square footage of a store and its resultant peak parking demand. • If using square footage to predict parking needs, a rate of one parking space per 600 square feet could be applied to new Contractors' Warehouse stores that will be located in shopping centers, and a rate of one parking space per 960 square feet could be applied to new stores that will be located in industrial areas. If only one rate is to be used, it should be the maximum rate observed: one parking space would be required for every 600 square feet of the building in order to provide enough parking for the peak parking demand at all types of stores on the 5`h busiest day of the year. • Previous parking studies have shown that the number of transactions and/or the amount of annual sales are better predictors of parking demand than square footage. For example, if there are two stores of identical size, the store with more customer traffic (and therefore sales) will have a higher parking demand than the store with fewer customers. • The resultant parking ratios ranged from 2,738 annual transactions per required parking space at the Montebello store to 1,915 annual transactions per required parking space at the Pomona store. • The average transaction rate is 2,327 annual transactions per required parking space. Using the average rate would over-estimate the parking needed for lower performing stores and under-estimate the parking needed for higher performing stores, and therefore is not recommended. • It is recommended that the different rates be used according to the store location type. Specifically, a rate of one parking space per 1,915 annual transactions could be applied to new Contractors' Warehouse stores that will be located in shopping centers, and a rate of one parking space per 2,740 annual transactions could be applied to new stores that will be located in industrial areas. • More store locations would need to be studied in order to refine these rates and/or calculate a more robust average rate for both store types. • It is important to note that the rates detailed above do not predict the additional amount of parking needed to provide cart storage, sales displays, and storage of store merchandise and equipment. The additional parking spaces required for these uses must be estimated and added to the parking demand predicted by the equations in order to arrive at the total number of parking spaces to build. • The predicted parking demand should be increased by one parking space to account for stray carts that may take a parking space out of service for a short time. iv na 31 A-25 The number of parking spaces that will be used to display merchandise and/or stockpile merchandise and equipment must be decided upon on a store-by-store basis (or by a corporate-wide decision) and then added to the predicted parking demand. a-x 31 A-26 1. INTRODUCTION Parsons Transportation Group Tnc. (Parsons) was retained by The Home Depot to perform a parking study for two of its Contractors' Warehouse stores in the Los Angeles area. This report summarizes the methodology, procedures, and results ofthe detailed analysis ofparking activity at the stores in Montebello and Pomona, California during the fall of 2005. Purpose of the Study This study was conducted to enhance the parking demand estimation capabilities of Home Depot store planners. Specifically, this study provides a detailed analysis of daily parking activity at two Contractors' Warehouse stores in the Los Angeles area. These analyses result in parking demand relationships that can be used by Home Depot to estimate the parking requirements of future Contractors' Warehouse stores, both inside and outside of Southern Califomia .Recommendations are made based upon data collected during field studies conducted by Parsons and based on existing store sales and transactions data provided by Contractors' Warehouse. Study Procedure The analysis of parking demand at two Contractors' Warehouse stores in Southern Califomia involved the accomplishment of the following tasks: • Parsons visited each study store, determined the number of parking spaces available at each location, and documented any special characteristics of each store. • Parsons conducted parking occupancy counts at each study store over the course of the study day, and counted the number of customers entering the store. Each store was studied on a Saturday due to the anticipated peak parking lot occupancy on that day of the week. Hourly parking occupancy counts were collected at each store between 8 AM and 4 PM. Customers entering the store were also counted during the time of the parking study. • Contractors' Warehouse staff provided Parsons with a summary of the previous year's transaction data for each ofthe study stores. This included the number oftransactions recorded at each store on every day of the year, which allowed the determination of the busiest day, the average day, and the 5`h busiest day. • Analyses were performed using the results of the parking and customer counts to establish relationships between parking, store size, sales and transaction data, and number of customers. In addition, comparing the transactions of one of the store's busiest days with those occurring on Parking Study of Two Contractors Warehouse Stores - Fina! Report Page 1 A-9 31 A-27 the day of study allowed Parsons to estimate what the parking demand would have been on that busiest day. • The results of the analysis were used to predict parking demand for a typical design day for a planned Contractors' Warehouse store. • A report was prepared providing the findings and conclusions of the study. narking Study of 7 ivo Contractors Warehouse Stores -Final Report page 2 A-10 31 A-28 2. STORE CHARACTERISTICS This section of the report describes the characteristics of the two Contractors' Warehouse stores in the Los Angeles area that were analyzed in this parking study. Study Stores There are nine Contractors' Warehouse stores in Southern California. Home Depot staff selected two locations for inclusion in this parking study: the store in Montebello, California, and the store in Pomona, California. These two stores were selected to be representative of the average customer and parking activity for the nine stores. The Montebello store has about 75,600 square feet of space and the Pomona store has 65,800 square feet. Table 1 summarizes the characteristics ofeach store. Table 1 -Summary of Study Store Characteristics Characteristic Montebello Store Pomona Store ddress 7601 Telegraph Road Montebello, CA 90640 1680 W. Mission Blvd. Pomona, CA 91766 Stare Number 703 705 Store Size 75,618 sq.ft. 65,367 sq.ft. otal Transactions in 2004 216,311 209,521 verage Daily Transactions in 2004 599 580 Busiest Month in 2004 October October Busiest Day of the Week in 2004 Saturday Saturday verage Saturday Transactions in 2004 683 727 ransactions on Busiest Day in 2004 879 881 Busiest Day in 2004 Saturday, October 23 Saturday, October 16 n° Busiest Day in 2004 Thursday, November 11 Saturday, October 23 3r° Busiest Day in 2004 Friday, November 26 Saturday, November 6 '" Busiest Day in 2004 Saturday, November 6 Saturday, May 22 5`" Busiest Day in 2004 Saturday, January 3 Saturday, May 29 Parking Spaces Available on Study Day 113 163 tudy Day Saturday, October 1, 2005 Saturday, October 8, 2005 Design Day The "design day" refers to the day of the year that experiences the maximum level of parking activity that can be accommodated by the parking lot that will be built as a result of the design methodology. Rather than a specific date of the year, the design day is deSned by how much parking activity takes place. In other words, the goal is to provide just enough parking spaces to accommodate the demand on the selected design day, which could be the busiest day of the year, the 5`h busiest day, the ] 0'h busiest day, etc., which could occur in different months for different stores. Parking Study of Two Contractors Warehouse Stores -Final Report Page 3 n-i ~ 31 A-29 Contractors' Warehouse provided transaction data for both study stores for the calendar year 2004. The busiest days of the year for each store were ranked based on the number oftransactions, and the ftrst five busiest sales days were identified. These data showed that the peak sales day at both stores occurred in October. In fact, the busiest days at both stores occurred mostly in the fall. The data also showed that the majority of the five busiest days at each store occur on a Saturday. Regardless ofthe month in which it occurs, the design day specifies what level ofestimated parking demand should be accommodated. If a planner wishes to provide enough parking spaces to accommodate the estimated maximum number of parking spaces that would ever be demanded at a store, the design day would be the busiest day of the year. However, designing parking lots for their maximum demand is not practical from an efficiency or cost-effectiveness perspective. For example, if enough parking spaces are provided to accommodate the absolute peak demand (the ]00`h percentile), there would be a certain number of spaces provided that would only be needed for one day during the entire year, and then for only one or two hours of that specific day. In contrast, choosing the 5`h busiest day as the design day would mean that some customers may not be able to find a parking space immediately durine the Weak hour of the busiest four or five days of the year; however, they should have no problem finding a parking space in the lot at any other time. The commonly used design level for a regional shopping center is the 20`h busiest hour, which typically occurs on the 10`h busiest day. For this analysis, the 5`h busiest day was chosen as the design day for Contractors' Warehouse stores because it provides adequate parking for the vast majority of the year while still providing a savings in the number of parking spaces that need to be built. This design day reflects the 99`~ percentile and means that each store would have adequate parking spaces for the parking demand experienced every hour of every day of the year except during the peak hours of demand on the four busiest days of the year. This is an adequate choice considering the cost of allocating land to parking use and the relatively few customers that would be affected. The parking studies were conducted on a Saturday in October in an attempt to study parking activity during the busiest time of the year on the busiest day of the week (based on the 2004 data). The sales and transaction data provided by Contractors' Warehouse were used to adjust the study day activity levels to the selected design-day levels. Design-day peak parking demand values were calculated by factoring the study data up or down to reflect the activity levels at the stores on their 5`h busiest days. In the case of the Pomona store, the number oftransactions was less than the 5`h busiest day in 2004, and so the peak parking demand was factored up. In contrast, the number of transactions at the Montebello store was larger than the 5`h busiest day in 2004, and so the peak parking demand was factored down. Parking Study of Two Contractors Warehouse Stores -Final Report Page 4 a-iz 31 A-30 3. PARKING STUDIES The annual transaction data supplied by Contractors' Warehouse for 2004 showed that, for both stores, the busiest day of the week was Saturday; the busiest month was October; and the busiest consecutive 8 hours occurred from 8 AM to 4 PM. Therefore, parking demand studies were conducted at the two study stores in October 2005, and both of the studies were conducted on a Saturday between 8 AM and 4 PM. Each store was contacted prior to the study to ensure that no unusual activities would be taking place at the store or in the parking lot on the day of the study. Parking Lot Use As shown in Table 1, 113 parking spaces were available for use at the Montebello store and 163 spaces were available at the Pomona store. The "parking spaces available" represents the actual number of parking spaces that were open for customer (and employee) parking on the day of the study. In some cases, not all of the parking spaces constmcted at a store are available to park in because some may be taken "out of service" by the placement of sales displays, building materials, and/or the temporary storage of equipment. The Montebello store did not have any parking spaces taken out of service, but the Pomona store had a total of 22 spaces taken out of service by the storage of bathtubs, rental equipment, and forkli8s. Despite this, the Pomona store still had more parking spaces available for customers than the Montebello store. In addition, it appeared the number of spaces taken out of service appeared to be typical of the Pomona store's routine operations, most likely due to the fact that the smaller Pomona store had more parking available to it. Detailed surveys of each store's parking lot layout and use are presented in Appendix A. At the top of each hour during the parking study, a complete inventory of the number of parking spaces occupied in the store parking lot was taken. This inventory was taken on an aisle-by-aisle basis so that a general spatial pattern ofparking use could be determined as well as a numerical one. In terms of numbers, neither of the Contractors' Warehouse store parking lots filled to capacity on the study days. The Montebello store experienced a peak occupancy of 78% of the parking spaces available for use, while the Pomona store experienced a peak occupancy of 61 %. This equates to an average peak occupancy between the stores of 69%. The peak parking occupancy occurred at 2 PM at the Montebello store and at 3 PM at the Pomona store (see Table 2). Spatially, several patterns of parking lot use became apparent during the hourly parking inventory counts that warrant discussion. These include customer and employee parking habits, lumber yard activity, and day laborer activity. Of the two locations, the Pomona store has a more traditional retail store parking lot as it is located in a shopping center in a generally suburban (retail/residential) area. As such, its parking lot generally extends along the length of the warehouse and is well defined and landscaped. The Montebello store is in an industrial area and has a less traditional parking lot, with most of the parking concentrated in one comer of the property. Both stores have lumber yard parking areas that operate differently from traditional parking areas. Parking Study of Two Contractors Warehouse Stores -Final Report Page 5 A-13 31 A-31 Employees were observed parking in the parking areas closest to the side of the building at the Montebello store, while customers primarily used the parking areas closest to the entrance as well as the areas oriented with the entrance, but yet further from the building. At the Pomona store, employees were observed parking mostly in areas of parking that were furthest from the building, while customers parked in the areas closest to the building, extending towards the street. As stated before, this appeared to be a more traditional parking pattern for a large retail store. The lumber yards at each store operated with customers driving in with their vehicles, mostly trucks, and stopping temporarily along the yard to select and load their goods (lumber, planting material, cement, etc.). According to Contractors' Warehouse employees, each lumber yard can average 30 to 50 vehicles per hour driving through and selecting their building material on busy days. Once the material has been loaded, the customer drives to a station where a Contractors' Warehouse employee inspects the material and hands a ticket to the customer. The customer then parks in the lumber yard parking area and goes into the main warehouse to pay for their purchase. At both stores, the lumber yard parking area is striped as angled parking with larger than normal spaces to facilitate easy movements into and out of the area by large vehicles and vehicles with trailers. The lumber yard parking demand at the Montebello store often exceeded its capacity of 15 parking spaces. Because there were more vehicles than striped parking spots at times, customers would often park parallel to the walls and behind other vehicles. In addition, as customers were driving out of this area, congestion was apparent at the "check station" because a line of cars were waiting for an employee to check that the items in the vehicle matched their purchase ticket. This situation often created operational and parking delays in the area. In contrast, the lumber yard parking at the Pomona store was larger, providing 32 larger than normal parking spaces. In addition, it was apparent that this area originally provided more parking spaces but that some of the space was being used to store bathtubs, rental equipment, and forklifts. The larger area available for lumber yard parking allowed room for fuming movements and other related operations so the area did not exhibit significant congestion. Another unique factor observed at these Contractors' Warehouse parking lots was the activity of day laborers. Both stores attracted day laborers who generally stand around the entrance of the parking lot waiting for possible work from a contractor visiting the store. Some of the day laborers drive to the store and park their cars there, but most carpool or are dropped off at the store by someone else. At the Montebello store, those day laborers who parked there used one of the areas most utilized by Contractors' Warehouse customers, as opposed to using the parking that is farthest from the entrance. In contrast, day laborers parked in the parking area farthest from the entrance along the street at the Pomona store. Additional day laborer activity includes an office trailer that is setup on the edge of the Pomona parking lot that offers assistance to the day laborers. Also, a catering service arrived and parked their truck and food-trailer in the parking lot of the Montebello store, serving food primarily to the day laborers. This catering service apparently operates six days a week from 1230 PM to 4:30 PM. Finally, stores such as Contractors' Warehouse that cater to contractors and home improvement customers typically experience a certain percentage of vehicles in their parking lot that are towing trailers in order to carry the lumber and other supplies purchased at the store. Surprisingly, no Parking Study of Two Contractors Warehouse Stores -Final Report Page 6 n-ia 31 A-32 vehicles with trailers were observed at either store on the study days. This was despite the fact that a large number of customers used the lumber yard. Conversations with store staff revealed that Saturdays typically see mostly residential customers and that the contractors typically frequent the stores on weekdays. It is on those days that employees report seeing vehicles towing trailers. Even so, the overall proportion of trailers is apparently small compared to the overall number of parked cars. As mentioned before, the lumber yards are built to accommodate vehicles parking and turning around with trailers. Customer Activity During the same time that the parking inventories were being conducted, a constant counC of customers entering the store was being collected. This count included every person entering the store, though a distinction was made between visiting customers and visiting children. Specifically, visiting customers are defined as adults with purchasing power that visit the store (children who accompany their parents do not have purchasing power and are therefore not considered visiting customers). To more closely correspond with potential transactions, two adults entering the store as a couple were counted as "one customer." The number of visiting customers entering the store relates directly to the number of parking spaces occupied in the parking lot. More specifically, the number of customers entering the store during successive hours of the day combined with the average time customers spend in the store results in the number of vehicles parked in the parking lot at any given time. Table 2 summarizes the peak hour of customer activity and the peak hour of parking demand for each study store. Table 2 -Peak Hours of Customer Activity and Parking Demand Store # Store Name Peak Hour of Customers Customers Entering the Time of Peak parking Spaces ~ Entering the Store` Store During Parking Demand Occupied at peak Peak Hour` 703 MONTEBELLO 8 to 9 AM 133 2 PM 88 705 POMONA 11 to 12 noon 125 3 PM 99 cnuaren. ~oupies were counted as'7 customer. As shown in Table 2, the peak hour of customer activity at each store (entering the store) occurred before noon. While one store experienced its peak between 8 and 9 AM, the other experienced its peak between 1 1 AM and 12 noon. However, both experienced their heaviest periods of customer activity between 8 AM and 12 noon (see Table 3). In contrast, the peak time of parking occupancy occurred in the afternoon (2 PM at one store, and 3 PM at the other). In general, the peak parking demand occurs two to three hours after the end of the peak morning period of customer activity. Due to the complexity of the relationship between the number of customers entering the store and the time each spends in the store, there is no direct correlation between number of customers entering the store and number of vehicles parked in the parking lot. Instead, the peak parking occupancy is typically correlated with the amount of daily business a store transacts. Detailed counts of customers entering the store and the corresponding number of parking spaces occupied for each hour of the study are presented in Appendix B. In terms of customers and transactions, if a visiting customer purchases something in the store, he/she becomes a transaction. (Contractors' Warehouse's data lists transactions as "customers," but Parking Study of Two Contractors Warehouse Stores -Final Report Page 7 A-IS 31 A-33 we reserve that term for people visiting the store, regardless of whether they purchased anything). While it is unknown how many visiting customers actually became transactions over the course of the day, a comparison can be made during the eight hours of data collection on the study days. Table 3 shows the number of visiting customers observed entering each store versus the number of transactions recorded on an hour-by-hour basis for each store. These data shows that there is no direct correlation between customers entering the store and transactions recorded at the cash registers, though they generally track each other in a relative order of magnitude. Typically the number of transactions is lower than potential customers overall, but sometimes the number of transactions is higher in a specific hour. The former is due to some potential customers who do not make a purchase, and the latter is due to customers arriving in one hour and not making their purchase until a later hour. Table 3 - Visitin¢ Customers versus Transactions Montebello Store October 7, 2005 Pomona Store October 8, 2005 Hour of the Study Day Visiting Customers Entering the Store• Transactions Visiting Customers Enterin the Store` Transactions 8 to 9 AM 133 60 89 112 9 to 10 AM 120 83 125 107 10 to 11 AM 125 81 107 96 11 to 12 noon 83 77 121 90 12 to 1 PM 82 76 70 71 1 to 2 PM 104 86 104 94 2 to 3 PM 80 86 95 76 3 to 4 PM 77 64 88 62 Excludes children. Couples were counted as "1 customer." Parking Study of Two Contractors Warehouse Stores -Final Report Page 8 n-i~ 31 A-34 4. ANALYSIS RESULTS Developing a method of estimating future design-day parking demand entailed conducting several analyses using the data collected. First, the consistency of the data collected from each site was compared. Second, possible relationships between parking demand, sales activity levels (sales and transactions), square footage, and other store characteristics were examined to determine the best possible predictor of parking demand. Third, the study day parking demand values were adjusted to the peak hour of the 5`h busiest day. Fourth, a range of parking demand rates was determined based on the results of the parking study. Data Comparison Several components of the data collected were compared between the study sites to assist in determining whether the data was biased or unreasonable. These components included the number of transactions, sales totals, visiting customers, parking demand patterns, and peak hours of activity. Comparisons of several of these components have already been described in the previous chapter. Specifically, both study stores had roughly the same building configuration, experienced the same patterns of parking lot use, and experienced similar peak hours of customer and parking activity. Surprisingly, both stores also had essentially the same number of visiting potential customers. However, as shown in Table 4, each store experienced different transaction-based characteristics. While not directly comparable due to their different study dates, the Montebello store brought in 76% more in sales on October 1 than the Pomona store brought in on October 8. Not only did the Montebello store have more transactions, but the average transaction amount was 42% higher than that of the Pomona store ($142 versus $100). These results are partially due to the fact that the Montebello store is about 16% larger than the Pomona store, but could also be partly due to their different location types (industrial versus retail areas). For example, the Pomona store, which is located in a retail shopping center, had a higher percentage ofvisiting customers who did not make a purchase. Table 4 - Em to ees, Customers, and Transactions on the Stud Da Store Store Average Transactions Visiting # Store Name Size Employees Transaction Total During Customers" (sq.ft.) Amount Transactions 8 Hours of Durin 8 Hours Stud of Stud 703 MONTEBELLO 75,618 46 $142.58 970 708 804 705 POMONA 65,367 33 $100.63 753 613 799 children. Couples were counted as "1 customer. These comparisons reveal that the two stores exhibit similar customer and parking activity patterns during the course of the day, but that the magnitude of this activity differs between the stores, likely due to store size and location type. A larger set of study stores would be necessary to determine whether these relationships are statistically significant. Parking Study of Two Contractors Warehouse Stores -Final Report Page 9 A-17 31 A-35 Design Day Adjustment To adjust the study data to design-day levels, the annual transaction data provided by Contractors' Warehouse (for the calendar year 2004) were analyzed to determine the design day adjustment factors needed for each store. As discussed previously, the design-day level chosen for this study was the 5`I' busiest sales day of the year. To determine the appropriate adjustment factor for each store, the daily transaction total from the 5'h busiest day of the year according to the Contractors' Warehouse data was divided by the daily transactions total that occurred during the study day. The calculations for determining the design-day adjustment factor for the Pomona store are shown below: Daily Transactions on Design Day =Adjustment Factor Daily Transactions on Study Day Example: 5`h busiest day in 2004 had 832 transactions Study day had 753 transactions 832 = 753 = 1.105 Study day experienced a peak parking demand of 99 spaces. Estimated design-day peak parking demand = 99 x 1.105 = 109 spaces Conducting the study in October appears to have been successful because the Montebello store had more transactions on the study day than even the busiest day in 2004. Without having the transaction totals for 2005, it was therefore assumed that the study day was the busiest day of 2005. Therefore, the peak parking demand for the Montebello store was factored down to represent the 5`h busiest day. Table 5 shows the peak parking demand observed on the study days as well as the peak parking demand calculated for the design day (the 5`h busiest day of the year) and for the busiest day. As shown in the table, the calculated design-day peak parking demand is higher than that observed on the study day for both stores. Based on the daily transaction total of the study day, the peak parking demand calculated for the 5`h busiest day includes 11 more occupied spaces than during the study day at the Pomona store. Since the Montebello store ha~pened to be studied on the assumed equivalent of the busiest day of the year for that store, its 5` busiest day peak parking demand is 9 spaces fewer than that observed on the study day. Also shown in the table, none of the design-day peak parking demands exceeded the capacities of the store parking lots, and neither do the busiest- daypeak parking demands. In fact, both stores have about 30 or 50 more parking spaces than would be needed on the 5`h busiest day. Table 5 -Peak Parkin Demand on Stud Da , Desi n Da and Busiest Da Parkin g Peak Peak Parking Peak Parking Excess Parking Store Total Capacity Parking Demand Demand Capacity' # Store Name Parking Available Demand Calculated Calculated based on Capacity on Study Observed for for the 5'" and t°' Day on Study Design Day '" Busiest Day Busiest Da Da 5 Busiest y 703 MONTEBELLO 113 113 88 79 88 34 25 705 POMONA 185 163 99 109 116 54 47 arxing capaclry avanaole on study day menus the peak parking demand for the 5`" or 15` Busiest Days Parking Study of Two Contractors Warehouse Stores - Fina! Report Page 10 n-I a 31 A-36 Analyzing Parking Demand Typically, the design-day adjusted parking demands shown in Table 5 would be analyzed to determine which variables correlated most closely and would be the best predictors of parking for the Contractors' Warehouse stores. The 5`h busiest day peak parking demand would be compared to daily and annual number of transactions, square footage, and other store characteristics. [n previous parking studies conducted for Home Depot, square footage typically showed the worst correlation with parking demand and annual sales (or transactions) typically showed the best correlation. However, since there are only two stores in this study, no statistical analysis can be conducted to determine which characteristics are the best predictors of parking demand. This is due to the fact that there are only two data points, between which any equation will yield a straight line, and therefore all variables will appear equally good at predicting the parking demand. Instead, this section of the report will detail the average relationships that exist between the various store characteristics and the pazking demand. Square Footage The easiest method of predicting parking demand for a proposed store would be to base it on the square footage planned for the store. However, previous parking studies have shown that there is virtually no correlation between the square footage of a store and its resultant peak parking demand. While average rates can be extracted from this data that can be used to generally estimate the number of parking spaces that can adequately serve a store of a certain size regardless of customer activity, these rates would over-predict the amount of parking needed for a store with lower sales activity. The ratio of parking spaces needed to squaze footage varied greatly between the study stores as described above. The resultant parking ratios ranged from 957 square feet per required parking space at the Montebello store to 598 square feet per required parking space at the Pomona store. This shows that the Pomona store has about twice as much parking demand per squaze foot as the Montebello store (likely due to its location in a shopping center). The average rate is 777 square feet per required parking space. Using the average rate would over-estimate the parking needed for lower performing stores, which would be acceptable (though less cost-effective). However, using the average rate would under-estimate the parking needed for higher performing stores, which would be unacceptable. Therefore, the maximum observed rate would have to be used in order to provide enough parking for all store types; however, this would over-estimate parking needed for lower performing stores and be a waste of land and resources. This dilemma demonstrates why basing parking needs on square footage alone is inefficient and not cost-effective. Despite its shortcomings, if it is absolutely necessary to predict parking needs based on square footage, these general rates can be used. Specifically, a rate ofone pazking space per 600 square feet could be applied to new Contractors' Warehouse stores that will be located in shopping centers, and a rate ofone parking space per 960 square feet could be applied to new stores that will be located in industrial areas. More store locations would need to be studied in order to refine these rates and/or calculate a more robust average rate for both store types. Barring that, the maximum parking-to- Parking Study of Two Contractors Warehouse Stores -Final Report Page 11 A-19 31 A-37 square footage rate observed in this study would normally be used in order to cover the needs for all types of stores. In other words, the results from this analysis show that one parking space would be required for every 600 square feet of the building in order to provide enough parking for the peak parking demand at al] types of stores on the 5`h busiest day of the year. Transactions While more difficult to estimate for a proposed store, previous parking studies have shown that the number of transactions and/or the amount of annual sales are better predictors ofparking demand than square footage. An illustration of why sales data are better predictors ofparking demand than square footage is that if there are two stores of identical size, the store with more customers (and therefore sales) will have a higher parking demand than the store with fewer customers. While it is true that larger stores have the potential for attracting more customers, a large store with few customers will have less parking needs than a smaller store with more customers. These relationships are intuitive because the number of transactions is very closely related to the number of customers visiting the store. Visiting customers are defined as adults with purchasing power that visit the store (children who accompany their parents do not have purchasing power and are therefore not considered visiting customers). A transaction occurs when a visiting customer becomes a transaction by purchasing something. Therefore, if it is assumed that there is one transaction per vehicle, transactions should then be closely related to vehicle traffic. In addition, assuming some average sale amount per customer, the total sales figures would also be closely related to transactions, customers, and vehicle traffic. The ratio of parking spaces needed to annual transactions varied between the study stores, but not as widely as the square footage-based ratios. The resultant parking ratios ranged from 2,738 annual transactions per required parking space at the Montebello store to 1,915 annual transactions per parking space at the Pomona store. This shows that the Pomona store has more parking demand per transaction than the Montebello store (again, likely due to its location in a shopping center where it will have more browsing customers). The average rate is 2,327 annual transactions per parking space. Again, using the average rate would over-estimate the parking needed for lower performing stores and under-estimate the parking needed for higher performing stores. Therefore, until more data can be collected, it is recommend that the different rates be used according to the store location type. Specifically, a rate of one parking space per 1,915 annual transactions could be applied to new Contractors' Warehouse stores that will be located in shopping centers, and a rate of one parking space per 2,740 annual transactions could be applied to new stores that will be located in industrial areas. More store locations would need to be studied in order to refine these rates and/or calculate a more robust average rate for both store types. Adjustments for Other Parking Lot Uses While the rates and equations detailed above account for the customer, employee, and day-laborer demand for parking spaces, they do not address the other uses of Contractors' Warehouse parking lots. As described previously, there are three other uses of the parking lot beyond providing parking spaces for customers and employees. The first use is cart storage, which is directly related to customer use of the parking lot. The other two uses are sales displays and storage of store Parking Study of Two Contractors Warehouse Stores - Fina! Report Page 12 A-20 31 A-38 merchandise and equipment, both of which do not have to be provided in the parking lot, but ofren are. These parking lot uses increase the number of spaces needed in a parking lot beyond what can be predicted by square footage or transaction data. While difficult to quantify, a parking lot must provide additional spaces to accommodate stray abandoned carts that customers will inevitably leave behind. Assuming that cart return corrals are provided separately (rather than placing them in parking spaces), a certain number of parking spaces will likely be taken out of service by stray carts, so the predicted parking capacity should be increased by a similar number of parking spaces. While this has been observed to be a bigger problem at some Home Depot stores, the two Contractors' Warehouse study locations both had aggressive cart collection schedules (with employees collecting stray carts twice an hour). In general, the equivalent of one parking space was taken out of service at any time by stray carts. Therefore, only one parking space needs to be added to the predicted parking capacity to account for stray carts. The number of parking spaces used to display merchandise and/or store stockpiles of merchandise and equipment cannot be related to the level of predicted parking demand. This decision must be made on a store-by-store basis, or via acorporate-wide decision Currently, the number of spaces taken out of service for these purposes varied from zero atone store to 22 spaces at the other. Once a store or corporate decision has been made as to how many parking spaces will be used for displays and/or storage, that number should be added to the number of parking spaces predicted by the rates above. Parking Study of Two Contractors Warehouse Stores - Fina! Report Page 13 A-21 31 A-39 5. CONCLUSIONS & RECOMMENDATIONS Based upon the parking demand studies conducted at two Contractors' Warehouse stores in the Los Angeles area, the following conclusions and recommendations are presented: • None of the Contractors' Warehouse store parking lots filled to capacity on any of the study days. • The average peak occupancy among the study stores was 69% of the parking spaces available for use. The lowest peak occupancy was 61 % and the highest was 78%. • At the Pomona store, a certain number of parking spaces were taken out of service by the placement of stacks of building materials and the storage of rental equipment and forklifts. • The 5`h busiest day was chosen for the design day in this analysis. This means that each store would have adequate parking spaces for the parking demand experienced every hour of every day of the year except for during the peak hours of demand on the 4 busiest days of the year. • The two study stores exhibited similar patterns of parking lot use, and experienced similar peak hours of customer and parking activity. However, each store experienced different transaction-based characteristics. This is likely due to the fact that the Montebello store is located in an industrial area and the Pomona store is located in a retail shopping center. (The Pomona store had a higher relative parking demand because it had more visiting customers who did not make a purchase.) • Based on this study, it appears that Contractors' Warehouse stores located in retail shopping centers attract more browsing customers and therefore need more parking than stores located in industrial areas. The resultant design-day square footage rates varied between the study stores, ranging from 598 square feet per required parking space at the Pomona store to 957 square feet per required parking space at the Montebello store. • In terms of building space, the average square footage rate between the study stores was 777 square feet per required parking space. The use of this average to calculate future parking demand is not recommended. Parking Study of Two Contractors Warehouse Stores -Final Report Page 14 n-zz 31 A-40 • Previous parking studies have shown that there is virtually no correlation between the square footage of a store and its resultant peak parking demand. If using square footage to predict parking needs, a rate of one parking space per 600 square feet could be applied to new Contractors' Warehouse stores that will be located in shopping centers, and a rate of one parking space per 960 square feet could be applied to new stores that will be located in industrial areas. If only one rate is to be used, it should be the maximum rate observed: one parking space would be required for every 600 square feet of the building in order to provide enough parking for the peak parking demand at all types of stores on the 5`h busiest day of the year. • Previous parking studies have shown that the number of transactions and/or the amount of annual sales are better predictors of parking demand than square footage. For example, if there are two stores of identical size, the store with more customer traffic (and therefore sales) will have a higher parking demand than the store with fewer customers. • The resultant parking ratios ranged from 2,738 annual transactions per required parking space at the Montebello store to 1,915 annual transactions per required parking space at the Pomona store. • The average transaction rate is 2,327 annual transactions per required parking space. Using the average rate would over-estimate the parking needed for lower performing stores and under-estimate the parking needed for higher performing stores, and therefore is not recommended. • It is recommended that the different rates be used according to the store location type. Specifically, a rate of one parking space per 1,915 annual transactions could be applied to new Contractors' Warehouse stores that will be located in shopping centers, and a rate of one parking space per 2,740 annual transactions could be applied to new stores that will be located in industrial areas. • More store locations would need to be studied in order to refine these rates and/or calculate a more robust average rate for both store types. • It is important to note that the rates detailed above do not predict the additional amount of parking needed to provide cart storage, sales displays, and storage of store merchandise and equipment. The additional parking spaces required for these uses must be estimated and added to the parking demand predicted by the equations in order to arrive at the total number of parking spaces to build. • The predicted parking demand should be increased by one parking space to account for stray carts that may take a parking space out of service for a short time. • The number of parking spaces that will be used to display merchandise and/or stockpile merchandise and equipment must be decided upon on a store-by-store basis (or by a corporate-wide decision) and then added to the predicted parking demand. Parking Study of Two Contractors Warehouse Stores -Final Report Page I S A-23 31 A-41 Appendix A Parking Lot Surveys n-za 31 A-42 ~. 0 A d C O ~. ;~. Q 31 A-43 ii ~, -0d ~ yi r° V, L~ r a° ~p V T 4 4 si r1 V ao- ,,~ ,. ~- ~ .._ T_ _- _ -_ I' I. .. '~ - r -~ 'J 1:1.:11 j~~~~. ~ =' r I(~ ~' ,~ € .~ ', ~' i ,.fl yi ^ f i, '~ L .) .. aF 7 ~~ ~ ~ - . ~~ ry ~. . ' ~1 J V` N frfy _jJ,J ~ N oa ,. 1 ~J If .,. b .~ ._ ~ C y~ .R _ 4 „ _ R _ ~~ i~ I I~ I ~ .- ,• ~ ~; _ vi ... ,` ~ I. I IL I-~ ~R, I I. ,~~ V .Rr •~ _•y V~ L. L, A~~,~ 1,S ~ ~~ .a Q 31 A-44 Appendix B Hourly Parking Lot Occupancy and Customer Counts A-27 31 A-45 N ~ N M ~ ~ O p y N V ~ d U N ~, mcou~cDCOOVao~co~ ~ Q a~ ~ ~ ~~ o ~ ~ ~ - ~ m a Q ~o m aococo (J ooeo~mmovcorm~ 00 ° '- o c o~ m ~ c Y ~p ~ O a~ ~ o ~vo o om~~nv~n~nco~or o ~ ~ o ~ u~ ~ ~ ° ~ cD `p o rn ~n ~ ~n v m co 0o rn ~ o o c o O M M N D) n u~ N O O O M f~ M CO ~O 1~ V V ~fJ M ~ 00 O O CO N ~ ~ ~ ~ W O W N N p (0 7 o ~ ~ ~ ~ ~ O V f~ O M V O~ N n ~ ( O ~~ ~ C m Olr ~ r O O ~ ~ O O r O O r O ~O l0 (D ~ ~~ W~ ~ O Q) O LO 7 CO ~ ~ (O CO N ~O O M 0 a1 ~ O O~ ~O ~O ~O LL] O M O iO N l0 V 0 O r r r ~ . O ~ p ~ O r- V 0 N r~ 0 I~ V ~O ~ V O V 0 7 ~ 1~ 0 0 ~ ~ Q) ~ ~ O ~ d N N N O A cin N ~~ o ~vmvvou~rn~n~o ~n ~° rn`° ~ c ~o ~ .- m N c N N W p~ C d -O N j j~ Oi C ~ ~ Y ~ °~ w QUU d ~ N ~ O a a N d'c y QCOUD W L~2_~ o. ~ > ~ `o O~ 'a c c c c c c c c c ~ 0 0 0 0 0 0 0 0 N Qj . ~ 0 N O~ ~ p C l N N N N N N N N N N~ O (n (n V ~ (n (n !n (n (n ~ (n (n (n = Q H 31 A-46 N ~~ L~ ~r 0 N 7 U (6 O H ~ ~ c0 ~ O O r r r ov~o M O r X17 ~ O O I~ M V O I~ ~ N M N m ~ O ~ O M p O OD O ry W N (0 7 ~ r O In ~ m C m O W M ~ O m N O T r O O ~ r 00 O ~ r ~ O ~ l0 C w O N h (D O W N m U m ~ C O S 0 0 O) ~ i i c a N C ' ~ i y N d ~ .- a ~ Y U ~ y °~ Q U ~ N L O ~ d s O ~ `o `J ~ V W 0 ~ tq N U 0 V d y W OD (O O W O] O O In N M h cD (O (O V M A N N r r .-- r r (O N .O (6 f0 ] aQ m (~ N M W CO O 00 W O m In M M~ O N N~ 00 ~ ~ r r C Y ~p m o a~ 00 7 V 0~ a0 In N~ N N (D N O O m OD ~ 7 W 7 7 u1 CO ~ O~ ~ h N ~- CO M O O N m ~ r r ~ r O O h In n O M ~ I~ O O V M O M N~ O N ~ O O O O r O O m N (O V' m N N O O O O N V N CO M N ~ 00 f~ h N M ~ I~ O O r N M ~ CO M N M 1~ W I~ N N E I~ O O ~ N M ~ I~ 7 N r 00 V' (O V i m In .- O O N~ N O O N 7 0 N r W O O ~ In I~ O O M r aO O W aO N V ~ O In O (O O r r c0 O N d V a 00 O V 7~ m N ~ (O O O OD N M N V' V O V N ~ n c0 c Y l0 a y QaoU~ W WU' 2_~YJQO7~N a ~a C C C C C C C C C C C C m m J J U 0 0 0 0 0 0 0 0 0 0 0 0 N ~"~ V (.) U U U U U (.) U U U (.) O ~tocn~cn~cntocn~tocnQ¢¢¢z~ 31 A-47 N Q TRAFFIC DATA SERVICES, INC SUMMARY OF VEHICULAR TURNING MOVEMENTS LOCATION: CONTRACTORS WAREHOUSE FILENAME: 01715D1 801 E. IMPERIAL DATE: 1122/07 CITY: LA HABRA DAY: MONDAY DRIVEWAYati PERIOD 1 2 3 4 5 TOtal BEGINS IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT 7:00 AM 6 2 1 0 1 0 7 2 :76 AM 2 3 1 1 1 0 4 4 :30 AM 8 0 1 3 0 3 7 g :45 AM 2 1 3 2 2 1 7 q 8:00 AM 3 3 2 2 0 0 5 5 :16 AM 6 8 1 1 0 0 7 7 :30 AM 5 2 2 2 0 0 7 4 :46 AM 1 7 2 1 0 0 3 8 4:OD PM 3 6 2 0 2 0 7 g :16 PM 1 4 3 3 0 0 4 7 :30 PM 5 4 4 2 0 1 9 7 :45 PM 1 5 0 0 0 0 1 5 6:00 pM 2 3 0 0 3 0 5 3 :15 PM 2 8 2 1 0 0 4 7 :30 PM 1 1 0 1 0 0 1 2 :45 PM 0 2 1 1 0 0 1 3 TOTAL: 45 56 25 20 9 5 COMMENTS: SEE PICTURE 0 0 0 0 79 80 A-30 31 A-48 TRAFFIC DATA 3ERVICEB, INC. PARKING STUDY LOCATION: CITY: CONTRACTORS WAREHOUSE 801 E. IMPERIAL HWY LA HABRA FILENAME: DATE; DAY: 01775PK1 1/22/07 MONDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 70 11 12 TOTAL SPACES: 93 93 8:00 AM :30 AM 7:00 AM 18 18 :30 AM 23 23 8:00 AM 28 2g :30 AM 28 2g 9:00 AM 32 32 :30 AM 70:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM 28 28 :30 PM 26 Y8 5:00 PM 22 22 :30 PM 19 1g 6:00 PM 18 1g :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS; nai 31 A-49 TRAFFIC DATA SERVICES, INC. GAP SURVEY LOCATION' 4TH ST @ SANTA FE ST FILENAME: 01715G1A DIRECTION: ALL DIRECTIONS DAY: MONDAY CITY: SANTA ANA DATE: 1 /2 212 007 TIME PERIOD: 7 G0 - 9:00 AM TIME GAP TIME GAP TIME GAP 07:00:21 07:10:21 00:00:39 07:18:35 00:00:13 07:00:32 00:00:11 07:10:35 00:00:14 07:18:44 00:00:09 07:01:18 00:00:46 07:10:41 00:00:06 07:19:07 00:00:23 07:01:26 00:00:08 07:10:52 00:00:11 07:19:18 00:00:11 07:02:10 00:00:44 07:11:10 00:00:18 07:19:35 00:00:17 07:02:32 00:00:22 07:11:30 00:00:20 07:19:56 00:00:21 07:03:07 00:00:35 07:11:47 00:00:17 07:19:58 00:00:02 07:03:28 00:00:21 07:11:55 00:00:08 07:20;16 00:00:18 07:03:35 00:00:07 07:12:21 00:00:26 07:20:35 00:00:19 07:03:49 00:00:14 07:12:29 00:00:08 07:20:42 00:00:07 07:04:23 00:00:34 07:12:41 00:00:12 0720:50 00:00:08 07:04:34 00:00:11 07:13:05 00:00:24 07:20:57 00:00:07 07:04:51 00:00:17 07:13:15 00:00:10 07:21:18 00:00:21 07:04:58 00:00:07 07:13:32 00:00:17 07:21:28 00:00:10 07:05:03 00:00:05 07:13:53 00:00:21 07:21:45 00:00:17 07:05:10 00:00:07 07:14:12 00:00:19 07:21:56 00:00:11 07:05:19 00:00:09 07:14:19 00:00:07 07:22:18 00:00:22 07:05:28 00:00:09 07:14:26 00:00:07 07:22:26 00:00:08 07:06:01 00:00:33 07:14:51 00:00:25 07:22:45 00:00:19 07;06:14 00:00:13 07:15:15 00:00:24 07:22:52 00:00:07 07:06:31 00:00:17 07:15:29 00:00:14 07:23:12 00:00:20 07:06:39 00:00:08 07:15:38 00:00:09 07:23:22 00:00:10 07:06:47 00:00:08 07:15:50 00:00:12 07:23:55 00:00:33 07:06:56 00;00:09 07:15:57 00:00:07 07:24:16 00:00:21 07:07:10 00:00:14 07:16:07 00:00:10 07:24:35 00:00:19 07:07:17 OO:Q0:07 07:16:15 00:00:08 07:24;42 00:00:07 07:07:31 00:00:14 07:16:36 00:00:21 07:24:58 00:00:16 07:07:56 00:00:25 07:16:46 00:00:10 07:25:17 00:00:19 07:08:03 00:00:07 07:17:01 00:00:15 0725:31 00:00:14 07:08:11 00:00:08 07:17:12 00:00:11 07:25:42 00:00:11 07:08:38 00:00:27 07:17:23 00:00:11 07:26:07 00:00:25 07:08:46 00:00:08 07:17:30 00:00:07 07:26:38 00:00:31 07:09:18 00:00:32 07:17:51 00:00:21 07:26:57 00:00:19 07:0927 00:00:09 07:17:58 00:00:07 07:27:11 00:00:14 07:09:34 00:00:07 07:18:12 00:00:14 07:27:55 00:00:44 07:09:42 00:00:08 07:18:22 00:00:10 07:28:22 00:00:27 COMMENTS: A-33 31 A-51 TRAFFIC DATA SERVICES, INC. GAP SURVEY LOCATION: 4TH ST cLi7 SANTA. rE ST FILENAME: 01715G18 DIRECTION: ALL DIRECTIONS DAY: MONDAY CITY: SANTkANA DATE: ?/22!2007 TIME PERIOD: 7 D0 - 5:00 AM TIME GAP TIME GAP TIME GAP 07:28:48 07:43:18 00:00:11 07:57:42 00:00:23 07:28:55 00:00:07 07:43:39 00:00:21 07:57:48 00:00:06 0729:09 00:00:14 07:44:40 00:01:01 07:58:52 00:01:04 07:29:18 00:00:09 07:44:52 00:00:12 07:59:02 00:00:10 07:29:35 00:00:17 07:45:15 00:00:23 07:59:05 00:00:03 07:30:13 00:00:38 07:45:23 00:00:08 07:59:20 00:00:15 07:30:27 00:00:14 07:46:37 00:01:14 07:59:36 00:00:16 07:31:01 00:00:34 07:46:50 00:00:13 07:59:48 00:00:12 07:31:08 00:00:07 07:47:12 00:00:22 08:00:17 00:00:29 07:31:20 00:00:12 07:47:25 00:00:13 08:00:28 00:00:11 07:31:27 00:00:07 07:48:01 00:00:36 08:02:12 00:01:44 07:31:40 00:00:13 07:48:09 00:00:08 08:02:20 00:00:08 07:31:49 D0:00:09 07:48:19 00:00:10 08:03:01 00:00:41 07:32:04 00:00:15 07:48:26 00:00:07 08:03:08 00:00:07 07:32:12 00:00:08 07:49:01 00:00:35 08:03:1 D 00:00:02 07:32:54 00:00:42 07:49:15 00:00:14 08:03:22 00:00:12 07:33:13 00:00:19 07:50:D9 00:00:54 08:04:05 00:00:43 07:33:21 00:00:08 07:50:20 OO:OQ:11 08:04:15 00:00:10 07:34:12 00:00:51 07:51:07 00:00:47 08:04:52 00:00:37 07:34:26 00:00:14 07:51:23 00:00:16 08:05:02 00:00:10 07:35:15 00:00:49 07:51:34 00:00:11 08:05:28 00:00:26 07:35:29 00:00:14 07:51:42 Q0:00:08 08:05:35 00:00:07 07:36:07 00:00:38 07:53:03 00:01:21 08:07:08 00:01:33 07:36:15 00:00:08 07:53:16 00:00:13 08:07:20 00:00:12 07:37:15 00:01:00 07:53:19 00:00:03 08:08:39 00:01:19 07:37:24 00:00:09 07:53:23 00:00:04 08:08:48 00:00:09 07:38:18 00:00:54 07:54:01 00:00:38 08:08:58 00:00:10 07:38:26 00:00:08 07:54:14 00:00:13 08:09:05 00:00:07 07:39:01 00:00:35 07:55:04 00:00:50 08:09:29 00:00:24 07:39:09 00:00:08 07:55:13 00:00:09 08:09:51 OQ:00:22 07:39:51 00:00:42 07:55:41 00:00:28 08:10:21 00:00:30 07:40:01 00:00:10 07:55:50 00:00:09 08:10:30 00:00:09 07:41:08 00:01:07 07:56:59 00:01:09 08:11:17 00:00:47 07:41:20 00:00:12 07:57:06 00:00:07 08:11:31 00:00:14 07:42:56 00:01:36 07:57:12 OO:OO:D6 08:12:04 00:00:33 07:43:07 00:00:11 07:57:19 00:00:07 08:12:12 00:00:08 COMMENTS: A-34 31 A-52 TRAFFIC DATA SERVICES, ING. GAP SURVEY LOCATION: 4TH ST rrJ SANTA FE ST DIRECTION: ALL DIRECTIONS FILENAME: 01715G1C DAY: MCNDAY CITY: SANTA ANA TIME PERIOD: T00 - 9:00 AM DATE: 1/22!2007 TIME GAP TIME GAP TIME GAP 08:12:39 08:26:11 00:00:34 08:45:12 00:01:04 08:12:48 00:00:09 08:26:23 00:00:12 08:45:19 00:00:07 08:13:21 00:00:33 08:27:12 00:00:49 08:45:51 00:00:32 08:13:35 00:00:14 08:27:25 00:00:13 08:46:03 00:00:12 08:14:18 00:00:43 08:28:15 00:00:50 08:46:31 00:00:28 08:14:30 00:00:12 08:28:27 00:00:12 08:46:42 00:00:11 08:14:51 00:00:21 08:28:54 00:00:27 08:46:58 00:00:16 08:15:08 00:00:17 08:29:12 00:00:18 08:47:08 00:00:10 08:15:38 00:00:30 08:30:42 00:01:30 08:47:32 00:00:24 08:15:47 00:00:09 08:30:56 00:00:14 08:47:41 00:00:09 08:16:28 00:00:41 08:31:21 00:00:25 08:48:07 00:00:26 08:16:45 00:00:17 08:31:36 00:00:15 08:48:16 00:00:09 08:17:51 00:01:06 08:33:02 00:01:26 08:48:41 00:00:25 08:18:12 00:00:21 08:33:14 00:00:12 08:48:52 00:00:11 08:18:45 00:00:33 08:33:46 00:00:32 08:49:02 00:00:10 08:18:54 00:00:09 08:33:58 00:00:12 08:49:12 00:00:10 08:19:21 00:00:27 08:34:23 00:00:25 08:49:31 00:00:19 08:19:31 00:00:10 08:34:40 00:00:17 08:49:42 00:00:11 08:20:12 00:00:41 08:35:28 00:00:48 08:50:23 00:00:41 08:20:31 00:00:19 08:35:41 00:00:13 08:50:32 00:00:09 08:21:17 00:00:46 08:36:17 00:00:36 08:50:51 00:00:19 08:21:31 00:00:14 08:36:35 00:00:18 08:50:58 00:00:07 08:22:40 00:01:09 08:36:58 00:00:23 08:51:18 00:00:20 08:22:48 00:00:08 08:37:09 00:00:11 08:51:30 00:00:12 08:23:18 00:00:30 08:38:21 00:01:12 08:52:21 00:00:51 08:23:29 00:00:11 08:38:34 00:00:13 08:52:43 00:00:22 08:23:41 00:00:12 08:39:18 00:00:44 08:53:05 00:00:22 08:23:51 00:00:10 08:39:31 00:00:13 08:53:35 00:00:30 08:24:16 00:00:25 08:40:02 00:00:31 08:53:49 00:00:14 08:24:25 .00:00:09 08:40:11 00:00:09 08:53:58 00:00:09 08:24:38 00:00:13 08:42:18 00:02:07 08:54:07 00:00:09 08:24:47 00:00:09 08:42:26 00:00:08 08:54:18 00:00:11 08:25:03 00:00:16 08:43:07 00:00:41 08:54:37 00:00:19 08:25:11 00:00:08 08:43:31 00:00:24 08:54:45 00:00:08 08:25:29 00:00:18 08:43:55 00:00:24 08:55:21 00:00:36 08:25:37 00:00:08 08:44:08 00:00:13 08:55:41 00:00:20 COMMENTS A-35 31 A-53 TRAFFIC DATA SERVICES, INC. GAP SURVEY LOCATION: 4TH ST @ SANTA FE ST DIRECTION: ALL DIRECTIONS CITY: SANTA ANA TIME PERIOD: 7 00 - 9:00 AM FILENAME: 01715G1D DAY: MONDAY DATE: 1(22(20C TIME GAP TIME GAP TIME GAP 08:56:09 08:56:17 00:00:08 08:57:14 00:00:57 08:57:27 00:00:13 08:57:43 00:00:16 08:57:52 00:00:09 08:58:17 00:00:25 08:58:25 00:00:08 08:58:53 00:00:28 08:59:10 00:00:17 08:59:48 00:00:38 08:59:59 00:00:11 COMMENTS: Ad6 31 A-54 TRAFFIC DATA SERVICES, INC. GAP SURVEY LOCATION: 4TH ST @ SANTA FE ST DIRECTION: ALL DIRECTIONS FILENAME: 01715G1 O DAY: MONDP,Y CITY: SANTAANP. TIME PERIOD: 4 GG - 6 G0 PM DATE: 1;22/2007 TIME GAP TIME GAP TIME GAP 16:43:05 17:01:03 00:00:06 17:19:12 00:00:36 16:43:12 00:00:07 17:01:13 00:00:10 17:19:19 00:00:07 16:44:20 00:01:08 17:02:16 00:01:03 17:19:25 00:00:06 16:44:27 00:00:07 17:02:24 00:00:08 17:19:36 00:00:11 16:45:12 00:00:45 17:02:43 00:00:19 1720:29 00:00:53 16:45:39 00:00:27 17:02:50 00:00:07 17:20:34 00:00:05 16:47:11 00:01:32 17:03:07 00:00:17 17:20:51 00:00:17 16:47:18 00:00:07 17:03:15 00:00:08 17:21:04 00:00:13 16:48:13 00:00:55 17:04:27 00:01:12 17:21:20 00:00:16 16:48:20 00:00:07 17:04:34 00:00:07 17:21:34 00:00:14 16:50:28 00:02:08 17:05:28 00:00:54 17:22:26 00:00:52 16:50:37 00:00:09 17:05:34 00:00:06 17:22:36 00:00:10 16:50:41 00:00:04 17:06:39 00:01:05 17:22:56 00:00:20 16:50:47 00:00:06 17:06:46 00:00:07 17:23:04 00:00:08 16:52:12 00:01:25 17:07:33 00:00:47 17:23:11 00:00:07 16:52:18 00:00:06 17:07:38 00:00:05 17:23:38 00:00:27 16:52:32 00:00:14 17:08:46 00:01:08 17:24:28 00:00:50 16:52:46 00:00:14 17:08:57 00:00:11 17:24:34 00:00:66 16:53:07 00:00:21 17:10:22 00:01:25 17:24:42 00:00:08 16:53:17 00:00:10 17:10:38 00:00:16 17:24:49 00:00:07 16:54:08 00:00:51 17:11:16 00:00:38 17:25:16 00:00:27 16:54:19 00:00:11 17:11:23 00:00:07 1725:24 00:00:08 16:54:36 00:00:17 17:12:47 00:0124 17:26:10 00:00:46 16:54:43 00:00:07 17:12:56 00:00:09 17:26:18 00:00:08 16:56:06 00:01:23 17:13:30 00:00:34 17:28:08 00:01:50 16:56:22 00:00:16 17:13:38 00:00:08 17:28:24 00:00:16 16:56:24 00:00:02 17:14:28 00:00:50 17:29:00 00:00:36 16:56:33 00:00:09 17:14:36 00:00:08 17:29:24 00:00:24 16:57:17 00:00:44 17:15:23 00:00:47 17:30:18 00:00:54 16:57:23 00:00:06 17:15:30 00:00:07 17:3026 00:00:08 16:58:14 00:00:51 17:16:31 00:01:01 17:30:33 00:00:07 16:58:35 00:00:21 17:16:38 00:00:07 17:30:42 00:00:09 17:00:32 00:01:57 17:17:15 00:00:37 17:31:05 00:00:23 17:00:43 00:00:11 17:17:26 00:00:11 17:31:14 00:00:09 17:00:50 00:00:07 17:18:30 00:01:04 17:32:26 00:01:12 17:00:57 00:00:07 17:18:36 00:00:06 17:32:34 00:00:08 COMMENTS A-37 31 A-55 TRAFFIC DATA SERVICES, INC. GAP SURVEY LOCATION: 4TH ST 4 SANTA FE ST DIRECTION: ALL DIRECTIONS FILENAME: 01715G1P DAY: MONDAY CITY: SANTA ANA TIME PERIOD: 4:00 - 6:00 PM DATE: 122;2007 TIME GAP TIME GAP TIME GAP 16:00:15 16:13:29 00:00:52 16:27:23 00:00:02 16:00:28 00:00:13 16:13:36 00:00:07 16:27:34 00:00:11 16:00:41 00:00:13 16:14:15 00:00:39 16:28:09 00:00:35 16:00:53 00:00:12 16:14:32 00:00:17 16:28:34 00:00:25 16:01:45 00:00:52 16:14:56 00:00:24 16:28:36 00:00:02 16:01:55 00:00:10 16:15:05 00:00:09 16:28:58 00:00:22 16:02:11 00:00:16 16:15:19 00:00:14 16:30:19 00:01:21 16:02:18 00:00:07 16:15:31 00:00:12 16:30:29 00:00:10 16:02:31 00:00:13 16:16:55 00:01:24 16:31:15 00:00:46 16:02:44 00:00:13 16:17:01 00:00:06 16:31:31 00:00:16 16:03:21 00:00:37 16:18:12 00:01:11 16:32:55 00:01:24 16:03:32 00:00:11 16:18:23 00:00:11 16:33:07 00:00:12 16:04:18 00:00:46 16:18:35 00:00:12 16:34:06 00:00:59 16:04:25 00:00:07 16:18:42 00:00:07 16:34:15 00:00:09 16:05:03 00:00:38 16:18:48 00:00:06 16:34:19 00:00:04 16:05:17 00:00:14 16:18:58 00:00:10 16:34:31 00:00:12 16:05:34 00:00:17 16:19:10 00:00:12 16:35:10 00:00:39 16:05:40 00:00:06 16:19:27 00:00:17 16:35:18 00:00:08 16:06:11 00:00:31 16:20:48 00:01:21 16:35:24 00:00:06 16:06:19 00:00:08 16:21:05 00:00:17 16:35:34 00:00:10 16:0629 00:00:10 16:21:20 00:00:15 16:36:53 00:01:19 16:06:38 00:00:09 16:21:32 00:00:12 16:37:05 00:00:12 16:08:09 00:01:31 16:22:36 00:01:04 16:38:21 00:01:16 16:08:22 00:00:13 16:22:44 00:00:08 16:38:29 00:00:08 16:08:30 00:00:08 16:23:11 00:00:27 16:38:39 00:00:1 D 16:08:50 00:00:20 16:23:20 00:00:09 16:38:47 00:00:08 16:08:52 00:00:02 16:24:12 00:00:52 16:39:01 00:00:14 16:09:12 00:00:20 16:24:29 00:00:17 16:39:10 00:00:09 16:10:13 Q0:01:01 16:24:52 00:00:23 16:39:29 00:00:19 16:10:30 00:00:17 16:25:02 00:00:10 16:39:34 00:00:05 16:10:42 00:00:12 16:25:24 00:00:22 16:40:54 00:01:20 16:10:58 00:00:16 16:25:36 00:00:12 16:41:04 00:00:10 16:11:06 00:00:08 16:26:41 00:01:05 16:42:22 00:01:18 16:11:12 00:00:06 16:26:49 00:00:08 16:42:27 00:00:05 16:12:29 00:01:17 16:27:00 00:00:11 16:42:42 00:00:15 16:12:37 00:00:08 16:27:21 00:00:21 16:42:50 00:00:08 COMMENTS A-38 31 A-56 TRAFFIC DATA SERVICES, INC. GAP SURVEY LOCATION: 4TN ST @ SANTA FE ST FILENAME: 01715G1R DIRECTION: P,LL DIRECTIONS DAY: MONDAY CITY: SANTA ANA DATE: 1/22;2007 TIME PERIOD: 4;00 - 6:00 PM TIME GAP TIME GAP TIME GAP 17:33:17 17:46:56 00:00:09 17:58:23 00:00:02 17:33:26 00:00:09 17:47:04 00:00:08 17:59:00 00:00:37 17:34:10 00:00:44 17:47:11 00:00:07 17:59:16 00:00:16 17:34:21 00:00:11 17:47:22 00:00:11 17:59:25 00:00:09 17:34:23 00:00:02 17:48:11 00:00:49 17:34:34 00:00:11 17:48:19 00:00:08 17:34:52 00:00:18 17:48:25 00:00:06 17:34:57 00:00:05 17:48:31 00:00:06 17:35:14 00:00:17 17:48:53 00:00:22 17:35:25 00:00:11 17:49:04 00:00:11 17:36:24 00:00:59 17:50:20 00:01:16 17:36:32 00:00:08 17:50:35 00:00:15 17:37:24 00:00:52 17:51:19 00:00:44 17:37:31 00:00:07 17:51:34 00:00:15 17:38:48 00:01:17 17:52:24 00:00:50 17:39:02 00:00:14 17:52'37 00:00:13 17:39:03 00:00:01 17:52:47 00:00:10 17:39:10 OO OO:D7 17:52:53 00:00:06 17:40:11 00:01:01 17:52:55 00:00:02 17:40:20 00:00:09 17:53:29 00:00:34 17:40:32 00:00:12 17:54:47 00:01:18 17:40:40 00:00:08 17:54:57 00:00:10 17:40:42 00:00:02 17:55:03 00:00:06 17:40:56 00:00:14 17:55:12 00:00:09 17:41:16 00:00:20 17:55:14 00:00:02 17:41:23 00:00:07 17:55:24 00:00:10 17:42:11 00:00:48 17:56:15 00:00:51 17:42:35 00:00:24 17:56:31 00:00:16 17:43:19 00:00:44 17:56:48 00:00:17 17:43:28 00:00:09 17:56;58 00:00:10 17:44:12 00:00:44 17:57:06 00:00:08 17:44:25 00:00:13 17:57:13 00:00:07 17:44:31 00:00:06 17:57:23 00:00:10 17:45:32 00:01:01 17:57:30 00:00:07 17:46:39 00:01:07 17:58:11 00:00:41 17:46:47 00:00:08 17:58:21 00:00:10 COMMENTS: A-39 31 A-57 City of Santa Ana SANTA ANA HD SUPPLY REPAIR AND REMODEL. SITE TRAFFIC AND PARKING ANALYSIS Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701-3161 (714)667-0496 February 12,2007 VA 07-1 EXHIBIT 6 31 A-58 SANTA ANA HD SUPPLY REPAIR AND REMODEL SITE TRAFFIC AND PARHING ANALYSIS Home Depot is proposing to reuse two existing buildings at 1044 E. Fourth Street in Santa Ana as a supply repair and remodel facility. The project will provide 104 pazking spaces compared to a City Code requirement of 176 (i.e., two spaces per thousand squaze feet). This study investigates the actual demand for parking as well as the trip generation and left tum access to/from the site in support of a request by the project for a possible variance. PARHING ANALYSIS The site, as illustrated in Figure 1, encompasses two existing buildings totaling 88,020 sf situated on E. Fourth Street in the midst of an industrial zone. Figure 2 provides a detailed plan of the proposed revisions to the existing facility. Austin-Foust Associates, Ina (AFA) conducted a literature seazch as well as an actual case study of the parking demand of an existing similaz Contractor's Wazehouse use in La Habra, California. Literature Search Results The Institute of Transportation Engineers (ITE) produced a publication Parking Generation, 3'd Edition dated 2004 which is regarded as the best source in the industry on pazking demand. This publication provides the following information with respect to pazking demand for industrial and building supply users. Table 1 PARKING DEMAND FOR INDUSTRIAL TYPE USERS User Avera a Peak Parkin Demand saces/TSF Ran e 1. Industrial .75 .36 - 1.19 2. Industrial Park 1.27 .55 - 2.44 3. Manufacturin 1.02 82 - 1 27 4. Buildin Materials 1.70* 1.1 - 1.7 Avera e L 18 * max size of 30,000 sf (excludes storage area for suppliesAumber) Santa Ana HD Supply Repair and Remodel Traffic and Parking Analysis Austin-Foust Associates, Inc. 1073001rpt.doc 31 A-59 d w ~ F ~ ti m w w s x w m c 3 .. ~ v m n k. o _~' Qg y~ ~o o -~ w d h b 0 E m C a c ro A v_ a m ~~ a~ h Y Q m x °' m ~ U A C A h F 31 A-60 a 133tlLS ON0~3S r Szo e. r <'~ 3jc IM1 ~_, ~~ ~I w W~W' LL ti _T_ - _ -_~_~_______ _ ~ 133tl1S1Stll! ~1 1 • 1 ~ ~ , s ~ , 'ar ., .I 1 1 ~ a 't° m ~ „# ~~. I ~ 1 L , '1 I ti z ~ 1 ' l 1 , \ ' 1 ~ j - a: ,^ V ` 1 t 2 O , 1 ~ 1 ~ ~ @ ~~ ~ •1 1 ~ v p[ }~ 'v .. ~ ':~~ n 1 I i , 1 u a _ ^ ~ ~ 1 J i .~ ~ ~ _ f l~ . ~ ~ f ~ ~ - -r --y~ - ~ '. _1 133 s ~fuano~ ~ 1 -~ ~ W F ~ Y y ~~ s • ~ ~ ~ _ ,..,.,. 1~~ ~ >, < ~ ~ a N h m A w ~ w Q m c 3 -a v o~ m c o " yo o o o " w c G th n 6 y GL' 4 ~ Q c Y .Ti 0" N C U A C N h F" 31 A-61 Although these land use categories do not precisely reflect the proposed use, they nevertheless provide an indication of the parking associated with typical industrial users, par[iculazly for the industrial park classification. Examination of Table 1 reveals the average peak pazking demand for industrial uses is 1.18 spaces per TSF. The proposed project will provide pazking at the rate of 1.18 spaces (104 spaces for 88,000 sf j. It should be noted these figures represent the maximum pazking demand that occurs at any one time and not the "average" throughout the day. Case Study Results There is an existing Contractor's Wazehouse at 601 E. Imperial Highway which consists of two buildings totaling 108,400 sf located in an industrial azea in the City of La Habra. This location is the closest similar facility to that planned in Santa Ana, and its peak parking was observed for six days (two Fridays, two Saturdays and two Sundays) in November and December 2006, and for one Monday in January 2007. The results of those parking observations revealed an absolute maximum pazking demand of 42 spaces. That peak pazking total consisted of 35 vehicles in the general customer parking lot and another seven contractor vehicles parked in the building supply area loading lumber and other materials. Another source of pazking demand information is available from Pazsons Transportation Group, Inc. who conducted case studies in 2005 of two Contractor's Warehouse Stores located in Pomona and Montebello. This study (copy attached) is quite comprehensive with regazd to parking demand for this specific use and delves deeply into numbers of sales transactions and surrounding location (industrial versus retail) as well as actual pazking counts to produce recommended parking guidelines. Summarizing briefly what this exhaustive study found was that the maximum parking demand at anytime was 88 spaces at Montebello and 99 spaces at Pomona. These stores aze 76,000 sf and 65,000 sf, respectively. The report concludes that the absolute maximum peak pazking demand on any day of the yeaz is 88 spaces for Montebello and 116 spaces in Pomona. The Montebello store more closely approximates that which is proposed in Santa Ana because both of its size (76,000 sf) and its location in an industrial area. The Pomona store with its somewhat higher parking demand is situated in a conventional lazge retail center. The Pazson's report provides an overall recommendation of one pazking space per 950 sf (1.05 spaces per TSF) for this type of use located in an industrial area. Santa Ana HD Supply Repair and Remodel Site 4 Aus[in-Foust Associates, Inc. Traffic and Parking Analysis 1073001rytdoc 31 A-62 TRAFFIC ANALYSIS Access to the site is provided by two driveways on East Fourth Street-one of which is for a truck dock. The main entrance will be via the easternmost entrance which is situated on the south side of Fourth Street between Terminal Street and Santa Fe Avenue. The second driveway (i.e. the westerly most one) is restricted to a truck dock for delivery of supplies to the site by large tracker-trailer vehicles. This driveway is not used by the general public. Fourth Street is striped with four travel lanes and atwo-way lefr turn median. No pazking is permitted on Fourth Street which means visibility entering and exiting these access points is good. Access to the main pazking lot is also provided by a driveway neaz the cul- de-sac end. The two-way left tum lane on Fourth Street serves both of the site's two entrances as well as Santa Fe Avenue. With three locations to enter the site from a left turn on Fourth Street (all of which include a left tum lane for stopping and waiting for a gap) no significant traffic queues are expected for the site. The existing La Habra Contractor's Wazehouse case study included driveway counts of vehicles entering and exiting the property during the AM and PM peak periods on a Monday in January 2007 (actual data is included in the appendix). These counts show that the existing Contractor's Wazehouse generates a modest 48 trips during the AM peak hour (26 trips inbound and 22 trips outbound) and 46 trips during the PM peak hour (21 hips inbound and 25 trips outbound). The proposed project is comparable in size and surroundings to the existing La Habra Contractor's Warehouse, and is expected to generate approximately the same number of peak hour trips. FOURTH STREET GAP ANALYSIS Measurements of the gaps in through traffic along Fourth Street at Santa Fe Street in Santa Ana were conducted during the AM and PM peak periods on a Monday in January 2007 (included in the appendix). Gaps of five seconds or more in both directions of traffic were recorded. Left turns into the site from westbound Fourth Street will require a gap of at least four seconds in the eastbound traffc to safely cross traffic and enter the site. Left turns out of the site will require approximately seven and one- half seconds to cross both directions of traffic; however, the existence of a two-way lefr-turn lane on Fourth Street enables outbound left-tum traffic to complete the tum in two steps (i.e., the vehicle can cross eastbound traffic and wait in the median until an adequate gap in westbound traffic develops). Santa Ana HD Supply Repair and Remodel Si[e 5 Aus[in-Foust Associates, Inc. Traffio and Parking Analysis 1073001xpt.doc 31 A-63 Table 1 summarizes the number of gaps in both directions that aze available on Fourth Street at the project site. As this table shows, there were 100 gaps of ten seconds or more in both directions of traffic during the AM peak hour. Assuming that 50 percent of project traffic is distributed to the east and 50 percent to the west, there were at least 100 gaps of sufficient duration to accommodate 24 lefr-turn vehicles (13 trips inbound from east of the site and 11 trips outbound to west of the site) during the AM peak hour. Similarly, there were at least 87 gaps to accommodate 23 lefr turn vehicles (11 inbound from the east and 13 outbound to the west) during the PM peak hour. Sufficient gaps of adequate length aze available on Fourth Street to allow the project traffic to enter and exit the site via a lefr turn. IMPACT OF TRAIN CROSSINGS The site is situated on Fourth Street immediately adjacent to the railroad crossing of the OCTA Metrolink mainline. The Santa Ana Regional Transportation Center (RTC) is situated just north of Fourth Street (at Santa Ana Boulevard). There are frequent train crossings at Fourth Street, which interrupts the traffic flow there. The passenger trains actually stop at the Santa Ana RTC but those stops do not block Fourth Street. Observations of the gaps in traffic on Fourth Street indicate that, while frequent train crossings do occur, they do not create along-term blockage of the east-west flow. For example, examination of the gap data (see appendix) in the two peak periods (7-9 AM and 4-6 PM) reveals at no time was traffic flow on Fourth Street interrupted for more than one and a half minutes. Consequently, it is concluded that the existing train crossings albeit frequently, does not constitute a significant factor with respect to access to/from the site. In fact in one respect, access to and from the east is actually facilitated by the train crossings. CONCLUSION In summary, based upon the finding of a literature seazch and actual pazking demand case studies at three existing Contractor's Warehouse Stores, it is concluded that an absolute peak parking demand on the single highest day of the year will not exceed 90 parking spaces and that includes all contractor vehicles. A total of 104 spaces (including six handicapped spaces) are being provided which results in a maximum 83 percent utilization even for the highest day of the year. During most of the time, the pazking is expected to be at most about half full since the current parking at the La Habra site (maximum 42 spaces occupied) appears most representative of the planned Santa Ana site. Santa Ana HD Supply Repair and Remodel Site 6 Austin-Foust Associates, Inc. Tm%c and Parking Analysis 1673001rptdoo 31 A-64 ad ~ h ~° --~v~ viN CObM O ~ L M M N N N N N M ~ a+ d O > F 0 U Y O M ~ N M O O~ O~ L d i U d O M N- O -- M V O V b N 1~ b~ ,~. ^ N N O r N N N N N o0 ~ r ~ ~ ~ ~ ~ ~ O ~--~ O- O N O O r CL u d h aN b ~--MMN ~n ~n ,-+inONO^. N~- W I ~ 4 N H ~ r~ Y ~ ^, ~ U p ~ ~ y F^ CC z N [~ -- N O b N oo l~ M N N M Y M M } I W b 7 N. 7 w y 0. ~ ~ ~.M.~Tbra~ ~~hMN V hvi .'". N O M O~ O N- 0~ N~ T v~ N ~O N b [~ O N M M M N M M M 7 O O M O W yj O O p O x~n o~n ov~o vio '.'? x h o~n ovi o ono - M <} O- M V O t~ ~ M V O- M V O ~ t~noo oo co oo o~ .a '~vvv ~n vi vi ~n ~o ~ a. i i i i i i i i ¢ a i i i i i i i i d o ono ~n o~n o vi F ov~o vio vio vi F '~o-MVO-MV p ,'~o-Mho.-r,v p Q l~~t~ moo oo oow F 0. 7 vvvvi vi vi vi F C O 9 m o O y r Q O r h V 0 C b m o' a W T °a ~ h ~a S b G ~ u 2 L C (A f 31 A-65 In addition, the proposed project is estimated to generate approximately 50 AM peak hour and 50 PM peak hour trips. With two public driveway locations serving the site (and a third truck only access) and the existence of a two-way left turn lane already in place on Fourth Street, no significant back-up of left turning traffic is anticipated at the project entrances. Sufficient gaps of adequate duration are available on Fourth Street during the peak hours to allow project traffic to enter and exit the site via a left tum. Observation of the effect of frequent train crossings of Fourth Street indicates these temporary blockages of through traffic albeit frequent are of short duration (less than one and a half minutes) and do not negatively impact access to the site. In fact in one respect, access to and from the east these train blockages actually improve accessibility of the site. Santa Ana HD Supply Repair and Remodel Site 8 Aus[in-Foust Associates, Inc. Traffic and Parking Analysis 1073001ryt.doc 31 A-66 APPENDIX L "Parking Study of Two Contractor's Wazehouse Final Report", Parsons Transportation Group, Inc., February 2006. 2. La Habra Contractor's Warehouse Trip Generation Data 3. Fourth Street Gap Survey Data Santa Ana HD Supply Repair and Remodel Sire A-I Austin-Foust Associates, Inc Traffic and Parking Analysis 1073001rpt.doc 31 A-67 ~~. February 23, 2007 1038 EAST 4TH STREET • SANTA ANA CA 92701 ~ (714)541-2442 F,ax (714)541-2332 City of Santa Ana Planning Commission Attn: Martha Ramirez 20 Civic Center Plaza PO Box 1988 M-2 Santa Ana, Ca 92702 Subject: Variance No. 2007-01 Dear Martha, RECEIVED FEB ~ 6 2007 SANTA ANA PLANNING DEPT We would like to voice our concern of the rezoning of the property located at 1044E 4`h Street, our neighbor. The City of Santa Ana has made significant progress in its efforts to bring commerce into the city through its thoughtful planning and renovation. With that in mind, we find it very difficult to understand why you would entertain a rezoning of the aforementioned property for the purpose of a HD Warehouse facility. We are proud owners of a new building on the historical site of the Santa Ana train station. To bring in a warehouse distribution center that would specifically cater to the contractor industry would create numerous issues that would only detract from what you have worked to develop. One likely outcome of the proposed rezoning would be that of large numbers of loitering day laborers. It is likely that they will be loitering along 4`h Street and N. Santa Fe Street without restroom accommodations. Another problem with the proposal is the street adjacent to this property - N. Santa Fe Street. It is a very narrow street, which leads into a residential neighborhood. This street was designed far residential traffic, The use of this street as an access to the proposed site would be achock-point. This would be compounded by the likelihood that others will use the adjacent streets that run through the residential neighborhood in order to avoid the chock-point. Hence, the only viable access to this facility for all incoming and outgoing traffic would be the access on 4`h Street. The congestion caused by the trucks and cars turning against traffic would be hazardous. This proposal raises only a few concerns to the surrounding businesses and residents that we believe have not been adequately considered. Respect I ~ ours, G~Z~ ~ u'- F a CFO JOE KUNZ COMPANY, INC. ~~o7-v Pc ~2~ 10~ EXHIBIT B Page 1 of 43 31 A-68 FROM '' PHONE N0. / FEB. 23 2007 07:45PM P1 . DOCHOR ENGINEERING, IMt:. 1081-A EAST ath STREET (714) 542-377a City of Santa. Ana Planning Dept. 20 Civic Center Plaza M-20 Attu :Martha Ramirez SANTA ANA, CA 92701 Reference: Notice received regarding Vaziance No 2007-O1, for property located at 1044 E. Fourth Street, Santa Ana. Purpose: To convert two existing industrial buildings within the heavy industrial zone, into a I-lome improvement Warehouse. According to the City of Santa Ana, the applicant of this variance (No. 2007-0]) is 1-ID Supply, a division of I-Iome Depot, is planning to use SO-75 employees at this location, servicing customers, contrnctors, delivery trucks etc. Our concem is first of all that the existing parking is not adequate to handle all the: employee vehicles that this will bring, not including contractors, customers, and all the heavy trucks that will bring in, load, and unload their cargo. This means that there will be a need to park on the streets surrounding the warehouse buildings, along with this comes added trash to the area, (currently daily cleanup of trash is necessary), and this would have a negative effect on the existing businesses. Dochor Engineering, inc., located at 1061 E. Fourth Street, (noRh west comer of Santa Fe Street and Foutth .Street) is a light mantifactttring plant, and with all the extra traffic and parking on Santa Fe Street, our delivery trucks will be greatly hampered in accessing our property from Santa Fe Street. Another concern is the attraction for day laborers to the azea, with no restroom facilities. All of these things will no doubt have a negative effect on the surrounding businesses. Don Nyman Dochor Engineering, Inc. 1061 E. 4a' Street Santa Ana, 92701 714.542.3774 Page 2 of 43 31 A-69 JIZECEIVE® Mike Tazdif 1419 E. 19's St. Santa Ana, CA 92705 Feb. 23, 2007 City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 Re: HD Supply (Home Depot) Variance application no. 07-O1 Subject property: 1044 E. 4°i St. Tazdif Sheet Metal: 412 N. Santa Fe St. To the members of the Planning Commission: MAR 2 6 2007 '~~4~'n iiNA PLANNING DEPP I am a business and property owner who would be directly effected if the City were to allow this "contractors supply warehouse" to go in at 1044 E. 4s' St. I am also a resident of Santa Ana. Concerning the application of HD Supply (HDS) for a variance from City of Santa Ana parking requirements. HDS will occupy 88,000 square feet. HDS represents that they are applying for a variance as an Industrial business. They are asking for a reduction in the 2 pazking space per 1,000 sq. ft. of building space required for an Industrial business. This is a misrepresentation of the true nature of the business they intend to conduct at this location. HD Supply is a retail business. Contained in the HDS bou hght and paid for parking analysis are direct references to the fact that this type of store caters to "home improvement customers" and "residential customers." It is not substantially different from a regular retail Home Depot home improvement store. This is a retail business it is not Industrial application. As a retail business, HDS home improvement store is required to adhere to the retail requirement of 5 parking spaces per 1,000 square feet of building space. They aze providing only a questionable 104 parking spaces when they should be providing the retail requirement of 440 spaces. They aze 75% short of the required number of parking spaces for their retail business. HDS and the City, if this variance application is approved, are mandating that the surrounding business and residential community absorb their grossly under allowed pazking situation. This area is already severely impacted by a shortage of pazking. To ask us to absorb this additional parking burden would be devastating to the community. HD Supply has had months and months of time and tons of high paid professional assistance to prepaze their slick and misleading variance application. The property owners, business owners and residents of the area which will be directly effected by their inadequate pazking allowance have had less than a week to prepare a response. I am asking the members of the Planning Commission to deny this variance application. Respectfully submitted, Mike / ~G~~ Page 3 of 43 31 A-70 . ~ °-° ~C ~26~a7 "~ AND AIR CONDITIONING, INC. Feb. 26, 2007 The City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 Re: HD Supply request for variance no. 07-01 Please reference the Santa Ana Municipal Code: Chapter 41 Zoning Article XV Off-street Parkins: Please first reference Division 5 Industrial uses: This Division describes "Industrial use" as Manufacturing, Wazehouse Distribution (specificallyexcluding "sales at retail") and Lumberyards without building space I have included pictures which clearly indicate the retail sales nature of Contractors Warehouse, aka HD Supply. HD Supply is cleazly a retail sales establishment. Therefore, the retail sales requirements for pazking apply, not the Industrial use which HD Supply is representing themselves as. Please reference Division 3 Commercial and Office Standards Sec. 41-1340 Retail Stores ... -requires 5 parking spaces for each 1,000 square feet of gross floor area. Sec 41-1354. Lumberyards - 5 spaces for each 1,000 square feet of gross floor azea of building space. The proposed HD Supply store has more than 88,000 square feet of building space. Therefore at 5 parking spaces per 1,000 sq. ft. (retail requirement) they would require 440 pazking spaces For customer and employee parking. HD Supply has provided for only 104 pazking spaces. They are more than 75% short of the required amount of parking spaces for the retail business they intend to conduct at the 1044 E. 4th St: location. I am asking the Planning Commission to deny the HD Supply request for parking variance based on: A. HD's mis-application of the Industrial pazking standard B. Clearly this would be a retail sales establishment and is therefore subject to the Retail Sales parking requirements C. Their hereby demonstrated lack of required parking allowance for this proposed store location. HDS and the City, if this variance application is approved, are mandating that the surrounding business and residential community absorb their grossly under allowed pazking situation. This azea is already severely impacted by a shortage of parking. To ask us to absorb this additional parking burden would be devastating to the community. Respectfully submitted, /'~-`-G ~-~~ Mike Tazdif Santa Ana resident, property owner and business owner Page 4 of 43 412 N. Santa Fe St., Santa Ana, CA 92701-0907 f Phore~ (714)~4~-7135 • Fax: (714) 547-4221 f State Lic. #247615 ~+ ' A~ ~ ~ ~ b r r ~~ ~~ ~ O ~ ~ ~ 9 5, A ~ ~ ~ ~~ ~ d ( P ~ ~ ~_ ~j ~' C~.c O~ P (~ 31 A-7~-= Page 5 of 43 t •~ ~ AND AIR CONDITIONING, INC. Feb. 26, 2007 City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 Re: HD Supply variance request 07-O1 2na letter this date, additional pazking related issue -lack of code required loading areas To the members of the Planning Commission: According to information provided by I-ID Supply, within their request for variance; (pages 1 & 2 included herewith}, also one page of azchitectural drawings included. Please reference 2na page, Project Description, Ise pazagraph o€this section, and the architectural drawing, all indicate that the primary receiving and delivery area is to be on the west side of the building. This HDS supplied documentation indicates: A. That there are only two (2) designated loading spaces - ref. SA Muni Code section cited below - 88,000 sq. ft. of building requires nine (9) loading spaces. They are seven (7) spaces short. B. That they will be moving lumber delivered from the west side of bldg. A, through their extremely crowded warehouse in bldg. A, to their lumber storage in bldg. B. This is highly unlikely, probably impossible, and it is not believable. I was born at night, but not last night. C. That WB-50 trucks need a 50 ft. fuming radius, -there is only 20 ft. from the curb to the opposite side of east bound traffic lanes. Exiting by making a right turn, their trucks will be turning 30 ft. into opposing traffic and into other trucks waiting in the left tum lane to turn into their miserably inadequate receiving area. This would be highly dangerous. * And even more dangerous considering the railroad tracks immediately to the west. Santa Ana Municipal Code Ch. 41. Art. XV Div. 1 Sec 41-1305 Loading space requirements Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall be provided with at least one (1) space for standing, loading and unloading of vehicles to avoid undue interterence with the public use of on-site travel aisles, streets and alleys. Such space shall be provided at a size sufficient to accommodate the largest delivery vehicle likely for the building and in no case be less than ten (10) feet by twenty-five (25) feet. Loading zones shall be provided at a rate of one (1) for every ten thousand (10,000) square feet of floor area or outdoor storage area. Loading zones shall not interfere with or be used for off- street parking purposes. Loading zones shall be clearly designated and labeled, ... Due to the circumstances cited above, I-ID Supply most likely will use their already inadequate, according to code, off-street pazking to unload WB-50 trucks making deliveries of materials. It is the only practical, although prohibited by code, solution. Based on the above cited and documented planned violations and likely to occur violations of City code and their extremely dangerous designated truck delivery plans; I hereby request that the Planning Commission deny the IID Supply request for variance, no. 07-O1. Respectfully submitted, Mike Tazdif Page 6 of 43 412 N. Santa Fe St., Santa Ana, CA 92701-4907 + Phppe~ (j14}~q~-7135 + Fax: (714) 5471221 + State Lic. #247615 I RII .~ ~_ 3~ Y_ 3 i~ ~~~ gglY afa '~ ~q4 4a ~+ p ~ Y l! f <. K g ~ ~ s~ ~i ! _ tI~ !~v ® _ ~c ~~~~~ ~~ ~t~ ~_ ~f:s~ ~ Y 6 t E® `~~° p1 ~q~~~ ~~ f fi ~`a9~~ ~~ pp e Ip ~'lf ~ ~. ! f~ ~3 ~ 9 fqq ~ 9R f ~ !PF Y Pe 2 ~ !p `~~ e f€ ~~~ ~ ~~lf ~ ~~ ~~~ ~ `` ~~~~f ~ ~~~ ~~ ~Ca~ ~ °~;i 9tlPs fpi f e ° • f ° ~~~ $r ` ~~ pPg ~ ~~^ li~~(~~ ~~~ ~~~ ~; ~fiE ;~ ~4p[i~ ~~,~ ~~ R S P i~ @P Rj ff~ ~~ ~~~ ~~t! ~@ „3~ ~~ gt~ ~ilt~ ~~ a ~~ ~ ~~:~~' ~Y !' i ° a i° ~e~ ~~ ~ ~ ~~ ~if ~~~ ~ ~y~y ~~ ~e ~~ ~[q~ ~ai ~_.i ~~ PR~ ~p ® .. ~I ~ ~^ G I ~i I ~~-~-- ~~-----=,-=_1 ~~ ~~~, !~! If ? ! III ~~~~~ 3 T_Ty. Y Lf~c § P, !~ PE S °ff 6~4~~g ~~~~~~~ e ~ f~ ~ ~~~ ~ ~~e~ r~ ~ f PP ._ ._ ~~ ~~ ~ >K~er~tiru ~~' U,~o~C~- Ui I a r e~ y ~.~Il iB~K~ ~. wry ~o~~r-uq~~, I ~I i. -i I --~ Q ~t ~ uuu,~ a~S -~urn5 ` °" ~ Page 7 of 43 VA 07-1 31 A-74 .~ ~ AND AIR CONDITIONING, INC. Feb. 26, 2007 City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 Re: HD Supply variance request 07-O1 3rd letter this date, additional parking related issue -lack of parking allowance for day laborer accommodations To the members of the Planning Commission: According to information provided by HD Supply, within their request for variance, from page 6 of the parking study: "Another unique factor observed at these Contractors' Warehouse parking lots was the activity of day laborers. Both stores attracted day laborers who generally stand around the entrance of the parking lot waiting for possible work from a contractor visiting the store. Some of the day laborers drive to the stare and park their cars there, but most carpool or are dropped off at the store by someone else. At the Montebello store, those day laborers who parked there used one of the areas most utilised by Contractors' Warehouse customers, as opposed to using the parking that is farthest from the entrance. In contrast, day laborers parked in the parking area farthest from the entrance along the street at the Pomona store. Additional day laborer activity includes an office trailer that is setup an the edge of the Pomona parking lot that offers assistance to the day laborers. Also, a catering service arrived and parked their truck and food-trailer in the parking lot of the Montebello store, serving food primarily to the day laborers. This catering service apparently operates six days a week from 12:30 PM to 4:30 PM." HDS has not allowed for facilities to accommodate day laborers or catering trucks in their parking analysis. Thus reducing further their inadequate, according to Code, allowances for off-street parking. I therefore request that the Planning commission deny the HD Supply request for variance no. 07-01. Respectfully submitted, Ci~Z~-G ~~ Mike Tardif Page 8 of 43 412 N. Santa Fe St., Santa Ana, CA 92701-4907 4 Ph~~ (j14~~-7135 • Fax: (714) 547-4221 f State Lic. #247615 ~ ~ ~ ~ AND AIR CONDITIONING, INC. The City of Santa Ana Planning Commission March 16, 2007 20 Civic Center Plaza Santa Ana, CA 92702 Re: HD Supply request for variance 07-O1; 1044 E. 4~' St. In previous letters I have cited code requirements and have provided supporting information in reference to several issues which show cause for denial of this request for parking variance. 1. HD Supply (HDS) represents that this will be a distribution wazehouse and that they should therefore be eligible for Industrial rather than Retail code requirements for off-street parking. Facts: Their stores in Montebello and Pomona display lazge signs on the exterior of the buildings which read "EVERYONE WELCOME". The stores aze set up as retail establishments with retail type displays, self serve customer material handling and loading, and retail type checkout stands. HDS confirms the retail nature of this business through their pazking study. In which they cite that children and couples aze treated statistically different. Children and couples do not frequent distribution warehouse businesses. Additionally, HDS made it cleaz at the Feb. 26'" meeting that everyone, without qualification. is welcomed to shop at HD Supply. HDS clearly intends to operate as a retail business and should therefore be required to provide off-street parking according to code requirements for retail establishments. 2. HD Supply has not complied with Municipal Code requirements for loading space. Regazdless of Industrial or Retail classification, HD is required to furnish (9) designated loading spaces for large tracks to make deliveries. They have provided only (2) spaces; and these aze not reasonably usable for deliveries of lumber or other bulky goods. Their plans indicate that material will be off-loaded from the back end oftractor-trailers at a back-in truck dock. Lumber, roofing supplies, bathtubs, etc. aze unloaded from the side using a forklift. Side unloading requires that a single WB50 truck remain in the planned 100 ft. diameter turning circle, thereby blocking ingress and egress to the second planned loading space. Furthermore, the loading spaces are to be situated on the opposite side of the property and through another building from where the bulk of their goods aze to be stored. In reality, HDS has allowed for only one impractical loading space while code requires nine loading spaces. 3. fIDS plans indicate a fixture center median on Fourth Street, opposite the truck driveway. They say that this would "prevent left toms into and out of the site." WB50 trucks will not have the turning radius capability to make a right tom into or out of the driveway. No way in and no way out. Additionally, the truck driveway is located dangerously near the railroad crossing on 4t° St.. Tractor- trader trucks backing up west of the driveway would block the train tracks. Trucks could easily become boxed-in and be unable to avoid a fast moving train; whoo -whoo, .... wham !! Page 9 of 43 412 N. Santa Fe St., Santa Ana, CA 92701-4907 f P~~:~1~~5~1-7135 • Fax: (714) 547221 4 State Lic. #247615 Santa Ana Planning Commission Re: HD Supply variance application 07-O1 2°a page Mazch 16, 2007 I have recently spoken to an OCTA employee, who has indicated to me that HD Supply and the City have had discussions concerning this truck driveway. And that OCTA, for safety considerations, does not approve of this truck driveway planned so dangerously near the railroad crossing. The manned truck dock and driveway is a clever trick designed to deceive. HD Supply cleazly intends tc disregazd the planned loading spaces as they aze too few, are unsuitable for their operations and dangerous. Inevitably, they will unload and distribute merchandise using off-street parking and customer drive path areas. Customers will be forced to pazk on neighborhood streets and employees will be directed to park somewhere other than the HDS parking lot. 4. HD Supply has failed to include accommodations for day-laborers. HDS admits that their stores are an attraction for day-laborers; yet they do not provide accommodations for them in the plans. At the Feb. 26'" meeting HDS stated that they do not intend to provide accommodations for day-laborers. Yet, the Pomona store provides space for an assistance office, the Montebello store provides space for catering trucks. These uses further would reduce available off-street parking. How many day laborers will be attracted to this azea? What about restroom and other accommodations? Is this situation desirable for a main entrance to downtown Santa Ana, or "Downtown Orange County" ? 5. The planned parking lot exit at Santa Fe St. will increase traffic and noise in the residential neighborhood to the east. There is only one exit planned for this property, all vehicles exiting this property will exit onto Santa Fe St. Traffic, including large noisy trucks, will cut through 2°d and 3'a streets into the neighborhood. Elderly long time residents live and walk in this neighborhood. Kids plav in these streets. Residents will be subjected to intolerable noise and traffic seven days a week. HD Supply and the City, if this variance application is approved, aze mandating that the surrounding business and residential community absorb their grossly inadequate pazking allowance. We aze already severely impacted by a shortage of pazking. To ask us to absorb this additional pazking, traffic, noise and safety burden would be devastating to the neighborhood. For the reasons stated, including: a) the misapplication of the Industrial pazking standard, b) insufficient, unusable loading spaces provided, c) the dangerous truck driveway, d) the unaddressed day-laborer situation, and e) increased dangerous and noisy vehicle and truck traffic in the residential neighborhood; I respectfully request that the Planning Commission deny the HD Supply application for pazking variance. Sincerely, cam- ~~ Mike Tazdif Page 10 of 43 31 A-77 °-° 12ECEIVED ~ ~ ~ ~ A~~yp MpA~AR Y 92007 AND AIR CONDITIONING, INC. SMI~ IPo MI~/~ p~NNIN/+ DEp* March 19, 2007 Bill Mock, Right of Way Admin. Orange County Transit Authority 550 S. Main St. Orange, CA 92863 Re: HD Supply (Home Depot} & City of Santa Ana Truck driveway adjacent to 4a' St. rail crossing Dear Mr. Mock: I am sure you recall our conversation of March 8, 2007 at my office with Doug Matranga present. You indicated that communications took place between the City and/or HD Supply and the OCTA concerning a request by HD Supply to use (lease} a portion of the railroad right of way adjacent to 1044 E. 4a` St. in Santa Ana. You indicated that the OCTA decided to not allow HD Supply to lease the requested portion of right of way. You further indicated that OCTA had concerns for the safety of a truck driveway at this location, During that conversation I requested that you furnish copies of public record communications concerning that request and related safety issues. You are aware that CPRA requests for public records are to be fulfilled within 10 days. I would appreciate your expeditious assistance, as it has already been more than 10 days since I made this request to you verbally and by email. Regards, Mike Tardif Cc: City. of Santa Ana Planning Commission Page 11 of 43 412 N. Santa Fe St., Santa Ana, CA 92701907 + Ph~~~4~$-7135 + Fax: (714) 547221 + State Lic. #247615 ~ 1 AND AIR CONDITIONING, INC. March 19, 2007 Martha Ramirez, Recording Secretary City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 Re: Minutes of Feb. 26a' Planning Commission meeting (4) letters by Mike Tazdif Ms. Ramirez: Thank you for furnishing me the minutes of the Planning Commission meeting of Feb 26s' I note that there was no mention in the minutes of (4) letters I had written to the Planning Commission. The letters were included in the Commissioner's packets and were referred to by the Commissioners during the meeting. You aze aware that it has been the practice of the Commission to have minutes and note in the minutes letters received concerning agenda items, including a synopsis of the letter. Therefore, in keeping with that practice, I hereby request that mention and synopsis of each of the issues in the (4) letters be made a part of the record of the Feb. 26s' meeting. I would appreciate your assistance in this request. Regards, ~\\~` Mike Tardif ~~ Cc: Christopher Leo, Chair; Victoria Betancourt, Commission Member Page 12 of 43 412 N. Santa Fe St., Santa Ana, CA 92701-4907 + Ph~~ ~1~9-7135 + Fax: (714) 547-4221 + State Lic. #247615 .~ ~ AND AIR CONDITIONING, INC. March 26, 2007 The City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 Re: lID Supply request for variance 07-O1; 1044 E. 4`s St. Rail crossing at 4s' St. safety concerns Dear Members of the Planning Commission: Please review the attached documents I received from the Orange County Transportation Authority (OCTA). These documents are specifically concerning the proposed truck dock and driveway at 1044 E. 4a' St. Per Ron Mathieu, Manager of Public Frojects, Southern'California Regional Rail Authority/Metrolink: "We do not want trucks to turn into the driveway if at all possible as they will cause traffic queuing from tight maneuvers in and out of the driveway. This would cause a severe safety concern for vehicles that may get caught on the tracks when trains go by". "As a matter of fact, we don't want any trucks entering or leaving a driveway that close to an existing crossing" ............ 'They should use the other side of their building". Please review the photographs which were included with the information I received from the OCTA/Metrolink. These photographs depict vehicle accidents which involve large trucks at rail crossings. There are now three comers of this rail crossing which are adjacent to driveways which regularly handle large trucks with trailers; this would fill out the hand and make it all four corners. You could hardly plan a rail and/or traffic accident any better. Due to the safety concerns of the OCTA, Metrolink and the Southern California Regional Rail Authority, I request that you deny the variance application. Sincerely, C~i~~' ~~ Mike Tardif Page 13 of 43 412 N. Santa Fe St., Santa Ana, CA 92701-4907 • PhQ~i 2f (~4~~7135 f Fax: (714) 547-4221 ~ State Lic. #247615 Page 1 of 1 Bill Mock From: Bill Mock Sent: Tuesday, March 20, 2007 1:28 PM To: 'Higgins, Taig' Cc: Abbe McClenahan; Mathieu, Ron; Diana Reznik; Monica Born; mansours@scrra.net; gs mansou r@jlpatte rson.com Subject: RE: 4th Street RR Crossing, Santa Ana Taig, There is no way to quantify the frequency or duration of trains stopping on the tracks at the Fourth Street crossing. Here is the breakdown of weekday train trips through Santa Ana: , Metrolink: Orange County Line - 19 & Inland Empire Orange County Line - 16 Amtrak- 24 BNSF-6 -----Original Message----- From: Higgins, Taig [mailto:THiggins@ci.santa-ana.ca.us] Sent: Friday, March 16, 2007 10:26 AM To: Mathieu, Ron; Diana Reznik; Monica Bom; Bill Mock; mansours@scrra.net; gs ma nsou r@j lpatterson.co m Subject: 4th Street RR Crossing, Santa Ana Greetings. I'm looking for information regarding trains (freight and passenger) stopping on the tracks at Fourth Street in Santa Ana (frequency and duration). Please let me know who I could speak to about this. I need the information today, if all possible. Thanks. Taig Higgins (714)647-5071 3/22/2007 Page 14 of 43 31 A-81 Page 1 of 2 Bill Mock From: Mathieu, Ron [MATHIEUR@scrra.net] Sent: Wednesday, October 11, 2006 3:45 PM To: Darrell Johnson; Dinah Minteer Cc: Bill Mock; Wylie, Steve; Maxey, Darrell; Quirk, David Subject: RE: Proposed Contractors' Warehouse at 1044 E Fourth Street in Santa Ana, CA Dear Darrell and Dinah: SCRRA has completed its review of the attached files and request from the developer to lease a portion of the OCTA R/W at Fourth Street in Santa Ana to facilitate truck turns. I also met on site with Bill Mock, Dinah Minteer and planners from the City of Santa Ana. After careful consideration we would strongely urge you NOT T0. LEASE this portion of the rail R/N/ for the following reasons: 1. We do not want to encourange trucks to use a driveway within close proximity of the crossing due to the fact that the area within their property is not large enough to maneuver (even with the turning radius).] The prospective tenant should work with the city to reroute their truck ingress and egress from Santa Fe Avenue into their property to an existing loading dock on the south side of Building A. This would greatly enchance the safety at the rail crossing by moving the trucks away from it. 2. We do not want trucks to turn in to the driveway if at all possible as they will cause traffic queuing from tight maneuvers in and out of the driveway. This would create a severe safety concern for vehicles that may get caught on the tracks when the trains go by. See the attached photos taken at the field meeting on Thursday October 5, 2006. 3. The concept of the OCTA Board approved Grade Crossing Study and the SCRRA Sealed Corridor Concept are constructed under the premise of increasing the safety at the rail crossings and this includes looking at adjacent land uses and driveways. Improving safety means also looking at the factors that take away from the safety such as traffic queuing. We have had a couple of incidents already in LA County where trucks maneuvering in and out of driveways got hit by a train because of the queuing on the tracks. See the attached photos of the unfortunate accident at Lassen Street with an Amtrak train and a tractor trailer. The other incident occured at the Broadway/Brazil crossing in Glendale where another tractor trailer got hit by the train as they tried to back into a narrow space. 4. Moving the fence of the adjacent property into the OCTA R/W would interfere with an existing vault in the ground and also a signal equipment house. It also would decrease the line of sight for motorists seeing the approaching trains from the south and also for the engineers on the trains seeing the intersection. 5. Raised median islands were recommended to be installed on both approaches to the 4th Street crossing and these medians would not allow for truck moves in or out of that driveway. If you have any other questions give me a call. Sincerely, ~gn 9Kat&ieu Manager Public Projects SCRRA/Metrolink (213) 452-0249 (213) 452-0423 fax Page 15 of 43 3izzizoo~ 31 A-82 Page 16 of 43 31 A-83 Page 17 of 43 31 A-84 Page 18 of 43 31 A-85 Bill Mock From: Bill Mock Sent: Thursday, October O5, 2006 4:13 PM To: 'Higgins, Taig' Subject: RE: Photos from Field Meeting Yes, I will forward those. -----Original Message----- From: Higgins, Taig [mailto:THiggins@ci.santa-ana.ca.us] Sent: Thursday, October O5, 2006 9:05 PM To: Bill Mock Subject: RE: Photos £rom Field Meeting Bi11, Thanks for the photos. Do you have any photos where the truck was backing out of the subject driveway? Taig -----Original Message----- From: Bill Mock [mailto:wmock@octa.net] Sent: Thursday, October O5, 2006 2:20 PM To: Higgins, Taig Subject: Fw: Photos £rom Field Meeting Taig, Attached are pictures of a different truck turning east onto 9th Street. Bill Mock Right of Way Administrator 714-560-5737 Page 19 of 43 3 ~ A-86 Page 20 of 43 `~ ~ ~,, ~~ 31 A-87 Page 21 of 43 31 A-88 Page 22 of 43 31 A-89 Page 23 of 43 31 A-90 `Bill Mock From: Mathieu, Ron [MATHIEUR@scrra.net] Sent: Tuesday, October 03, 2006 3:43 PM To: Dinah Minteer; Bill Mock Cc: Darrell Johnson; Wylie, Steve; Quirk, David Mason Avenue aueuing.doc (SSO ... Dinah, I don't feel comfortable in allowing this new tenant of the building use any of the R/W adjacent to the crossing for turning trucks. As a matter of fact, we don't want any trucks entering or leaving a driveway that close to an existing crossing. It would present queuing, line of sight and other related safety issues. We are operating on a curved track there and also entering a station. The intent of the OCTA Grade Crossing Study as well as SCRRA's new Sealed Corridor Study that is being conducted in LA County, is to make the crossings safer and that includes looking at adjacent land uses such as truck traffic impacts to crossing safety. The loading docks that I see may have been doors that were installed for past rail service for the previous business. We don't want to see a new tenant encourage large truck moves in and around this building or to build a new loading dock in that area. It is my understanding that this will be a distribution center and will have many trucks coming in and out. They should use the other side of their building. The queuing in the attached photo in the word document is taken at a new at-grade crossing isn LA County caused by a truck backing into a business. Another reason to get rid of driveways adjacent to the crossing is that these same Cities that are allowing them are also asking for Quiet Zones. This is addressed in the new FRA Train Horn Rule as well (no driveways within 60 ft. of track). Sincerely, Ron Mathieu Manager Public Projects SCRRA/Metrolink (213) 952-0249 (213) 452-0923 fax -----Original Message----- From: Dinah Minteer [mailto:DMinteer@octa.net] Sent: Tuesday, October 03, 2006 11:33 AM To: Mathieu, Ron; Bill Mock Cc: Darrell Johnson - Subject: FW: MC02PRNT656 has been scanned FYI. What now, Ron? -----Original Message----- From: Ross, Jim (mailto:JRoss@ci.santa-ana.ca.us] Sent: Monday, October 02, 2006 3:03 PM To: Ross, Jim; Dinah Minteer Cc: Paul Taylor Subject: RE: MC02PRNT 656 has been scanned OK, my mistake, I just re read it and they are saying 9.6' clear total 1 Page 24 of 43 ~ 31 A-91 Page 2 of 2 From: Bill Mock [mailto:wmock@octa.net] Sent: Monday, October 02, 2006 4:09 PM To: Mathieu, Ron Subject: FYV: Proposed Contractors' Warehouse at 1044 E Fourth Street in Santa Ana, CA FYI -----Original Message----- From: Doug Couper [mailto:D000PER@greenbergfarrow.com] Sent: Tuesday, September OS, 2006 4:51 PM To: Bill Mock Subject: Proposed Contractors' Warehouse at 1044 E Fourth Street in Santa Ana, CA Bill, Pursuant to our telephone conversation I have attached the proposed site plan. As we discussed the City is requiring that we provide full truck circulation on our site and no back-up maneuvers into Fourth Street. In order to accomplish this, by our receiving area on the west side of the Building A, we are seeking a license to use approximately 6 feet of the railroad right of way for paving so that a semi truck with trailer can turn around and not impact Fourth Street. Currently we can squeeze an 84' diameter circle on the west side of Building A within the project property lines, but we need a 90' diameter circle. Please let me know if this is a possibility. If there is more room available to use for our maneuvering that would be better. Please contact me with any questions at (949)296-0450. Sincerely, Page 25 of 43 3izzizoo~ 31 A-92 B Page 2~f~3~_93 ~_ m i ~ W ~'~ €3 ~~ 0 ~~ n~e ~~G From: Allen, Marshall Sent: Friday, September 29, 20x6 9:47 AM To: 'Dinah Minteer'; Bill Mock Cc: Crary, Gray; Mathieu, Rnn Suhjecrt: RE: Contractor's Warehouse Dinah/Bill; Gray has instructed me to hand this off to Ron Mathieu for handling. I will give you the rational and measurement for your noon meeting, The distance from the center of track to the fence is 22 feet. The majority of the track is in the curve. Standard CPUC side clearance is 8' 6" from the center of track to the nearest obstruction. For curved track that distance is 9' 6". The ROW is a little wider at 4th Street, but narrows around the curve. In order to keep the continuity I held the 9' 6" distance as a reference. When working on the ROW we have to maintain the required clearance. The widest piece of equipment that would be working in that area is 8' 6". Therefore, we require minimum of 18' in order to comply with CPUC clearence requirements. That only leaves 4 feet +/- to the fence. Another issue is the future expanded service in O.C. Future track addition and alignment would have to be on that side of the ROW to allow for a third due to the ROW width. I have attached same photos of the area showing the distance from the track to the fence, and general view dawn the ROW. I hope this information is satisfactory for you meeting. Ron, This is all the correspondence I have. M.A Page 27 of 43 31 A-94 FROM PHONE N0. ~~ MAR 26 2007 12c 39PM P1 DOCHOR ENGINEER/NG, INC. 1081-A EAST 4th STREET • SANTA ANA, CA9270r (7i4) 542-3774 City of Santa Ana March 26, 2007 Planing Department 20 Civic Center Plaza, M-20 Attn: Martha Ramirez Ref Variance No. 2007-01, for property located at 1044E Fouth Street, Santa Ana. As bas been stated by the City of Santa Ana, the applicant of this variance is planning to use 50-75 employees at this location, serving customers, contractors, delivery trucks etc. Our concern, as stated in our letter dated Feb. 26, 2007, is that the existing parking is not adequate to handle all the employee vehicles that this will. bring, not including contractors, customers, and all the trucks loading, and unloading their cargo. Another great concern is that the accesibility to this property, (1044 E. Fourth St.) is very much restricted, due to it's location There is no accesibility on the west side, due to the railroad, nor on the south side, due to the lower elevation of First Street. This leaves accesibility to the east, which goes through a residential area and flowing out onto Grand Ave., which is an extremely busy street. That leaves the only real sensible option of accesibility to Fourth St. either from Santa Fe St. or directly from the property out onto Fourth St., and this is going to lead to a bottleneck traffic problem, and that is of a real concern for Dochor Engineering, Inc. Dochor Engineering, Inc., located at 1061 E. Fourth Street, (north west corner of Santa Fe Street and Fourth Street) is a light manufacturing plant, and with all the extra traffic and parking on Santa Fe St., our delivery trucks will be greatly hampered in accessing our property from Santa Fe Street. Our concern for this kind of business attracting day laborers still stands, and with all due respect, we do not believe that putting up signs will keep that from happening. Don Nyman Dochor Engineering, inc. 1061 E. 4th Street Santa Ana, Ca. 92701 714.542.3774 Page 28 of 43 31 A-95 4T" STREET BUSINESS PARK, SANTA ANA ~ 1039-1043 E. 4T" STREET I SANTA ANA, CA 92701 I I NET DEVELOPMENT COMPANY 3130 AIRWAY AVENUE ~ COf'rA MEsa, Ca 9Z6Z6 ?~4-754-4454 I Page 29 of 43 ~ 31 A-96 ~' i7N STREET ~ r,'- 6TN RTRl ET ~j ^ r .r -n- ~ - ~_ l ~- ' • I 4 ~ ~ 1 ' r • ~ y . N 1 i 1 0 ~ =~'y 4s. ', _ _I ~_~ I ' - ~ ti, ' 4~ f ,,~,~ tr~ ~I ~, :yip.: . ~~ ~. , ,. ~y ~ .} 5 .ti ~ ~w,, , ' .r -1 ; , ~ ~ I : , ~~ s s ' ~- ,~ ~.. ~ t ~ ~ k + i I 1 ... ~ r ~ ' ._ ~ .'.J -r ~ ._. ~ ~ ... - --- ~ 4'F[i 4T}F STREET ~ BEFORE AF?ER Page 30 of 43 _ 31 A-97 ~, BEFORE II BEFORE ~- `' s ~~ ~x x ~ . ~? e r ~ +°~. I ^ ^ I I I' I I l ['~ ~~ s ~~ k ~ ~ I ijll~n ~' i f. G 1 BEFORE ~~~ BEFORE BEFORE ~.---- BEFORE AFTER ~'N~6 °1~i3 BEFORE ~a~~o~~ ~ s ~ ~',` e ~ -- ~ ~ + ~. ,r ' \~~ AFTER ~e~~~Q 5 BEFORE -r~s~~~~ ~~ ,s ~x~ ~~ ; BEFORE AFTER ~~A~1'08 BEFORE AFTER BEFORE ~a~~~~ KO- 3/28/07 RESOLUTION NO. 2007-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2007-01 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1044 EAST FOURTH 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 Variance No. 2007-01 to reduce the required parking standards for a home improvement warehouse at 1044 East Fourth Street. B. Variance No. 2007-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 26, 2007. The public hearing was continued to March 26, 2007. C. Variance No. 2007-01 has been filed with the City of Santa Ana seeking to reduce the required parking standards for a home improvement warehouse at 1044 East Fourth Street. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject industrial site is a 4.3 acre irregularly shaped parcel constrained by the location and size of two existing industrial buildings on the property. Due to the size of the property and location of existing buildings, the number of parking spaces required by the Cities parking code can not physically be achieved on the property without reducing building square footage which would make the project unviable and create a hardship for the applicant and owner of the property. A parking analysis was prepared by Resolution No. 2007-016 31 A-111 Page 1 of 8 Parsons Transportation Group, Inc., with additional analysis prepared by Austin-Foust Associates, Inc. Based upon the finding of a literature search and actual parking demand case studies at three existing HD Supply (formally Contractors' Warehouse) locations, the study concluded that the peak parking demand on the single highest day of the year will not exceed 90 parking spaces including all contractor vehicles. The project provides 104 on-site parking spaces for customer use. Therefore, applying the strict letter of the City parking code would, in this particular case, deprive the subject property of attracting a use to the property that is otherwise allowed by right in the heavy industrial zoning district and therefore would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the parking variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed by right in the Heavy Industrial (M-2) zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The findings of the parking study completed by Parsons Transportation Group, Inc., with additional analysis prepared by Austin-Foust Associates, Inc., Traffic Engineers, indicate that the peak parking demand on the single highest day of the year will not exceed 90 parking spaces including all contractor vehicles. The project provides 104 on-site parking spaces for customer use. Based upon the findings of the parking study, there will be adequate parking on the subject site at times of peak demand and therefore, the granting of the variance fora 72-space parking reduction will not be materially detrimental to the public welfare or injurious to surrounding property. Granting of the variance will allow the owner of the site to lease their property to an industrial user that is otherwise allowed by right in the Heavy Industrial (M-2) zoning district. Granting of the parking variance will allow the property owner the right to utilize their property in a manner that is consistent with surrounding industrial uses. Resolution No. 2007-016 31 A-112 Page 2 of 8 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the parking variance would not adversely affect the General Plan of the City. The property in question is located within the Industrial (IND) General Plan designation which permits the Home Improvement Warehouse use proposed by the applicant. Since parking is ancillary to the primary use of the property as a home improvement warehouse, the granting of the parking variance would under the circumstances of this particular case, have no adverse affect on the General Plan of the City. 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 that the addition will not result in an increase of more than 2,500 square feet. Categorical Exemption Environmental Review No. 2006-126 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2007-01 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a home improvement warehouse at 1044 East Fourth Street to allow a parking lot. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 26, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated March 26, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of March, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) 31A-113 Resolution No. 2007-016 Page 3 of 8 Christopher Leo Chairman 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. 2007-016 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 26, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-016 31 A-114 Page 4 of 8 Conditions for Aaproval for Variance No. 2007-01 Variance No. 2007-01 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 na 'or to exercising the rights conferred by the variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2006-58. 2. The parking reduction shall not exceed 72 spaces and is valid for industrial uses only. Any future uses which are not permitted in the industrial zoning district, shall comply with the parking standards in place at that time or shall seek a future variance. 3. The variance is only valid for the configuration of the existing buildings and site layout as shown on the approved site plan. 4. All trash receptacles and bins located outside of the buildings shall be located in a trash enclosure with minimum dimensions that meet City Standards. 5. All landscaping and plant material on the site shall be maintained with at least the same numbers and types of trees and plant material as indicated on the approved landscape plan. 6. Prior to Certificate of Occupancy, all pot holes and deteriorated paving on the site shall be repaired and the site slurry coated and double striped to City standards. Site paving and striping shall be repaired and maintained as part of a regularly scheduled maintenance program. 7. The site occupant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 8. The building operator shall take what ever measures are necessary to ensure that all shopping carts will remain contained within the boundaries of the site. 9. There shall be no outdoor storage, parking lot sales, displays, equipment lease/rental or similar activities in any area designated as a project drive aisle or for required customer parking. These activities may only take place outside of drive aisles and fire lanes on the South Resolution No. 2007-016 31 A-115 Page 5 of 8 side of Building "A" and the west side of Building "B". These activities must be screened from the adjacent railroad line by a solid wall or fence or by plant material approved by the Planning Division. 10. All leasing and rental of equipment shall take place enclosed within either Building "A" or Building "B" or behind building "A" and adjacent to Building "B" as indicated in condition No. 9 above. 11. The height of materials stacked outdoors shall not exceed the height of the screen wall/landscaping provided. 12. There shall be no backing of trucks from Fourth Street on to the site or from the site on to Fourth Street. 13. The palm trees located at the southwest corner of Building "A" shall be retained. 14. Bougainvillea shall be planted at eight foot intervals and irrigation shall be provided at the base of Building "A" at the rear of the new receiving area, south to the southwest corner of the building, to help reduce graffiti. 15. Anew eight foot tall wrought iron fence shall be constructed along the west property line running from the southwest corner of the new receiving area to the southwest corner of Building "A". 16. New fencing shall match the existing wrought iron fencing material established on the site. 17. The access gate located on Santa Fe Street shall be closed during the hours which HD Supply is open to public customers. It may be open to receive deliveries prior to the beginning of regular operating hours. 18. All employees shall park their vehicles on-site. 19. Conditions of the variance shall be reviewed by the Planning Division for compliance 90 days, six months, 1 year and annually there after from the date of Certificate of Occupancy for the project. B. Police Department 1. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 2. The business operator shall post "No Loitering/Trespass signs/placards in the parking lot and on the building pursuant to California Penal Code ("CPC") section 602. It shall be the business operator's responsibility to ensure that CPC section 602 is complied with at all times that the premises is in operation. Resolution No. 2007-016 31 A-116 Page 6 of 8 All public telephones if provided shall be located within the interior of the buildings and shall be designed to allow outgoing calls only. C. Public Works Aaencv The operator shall install a sign at the westernmost driveway on Fourth Street to read "NO BACKING INTO DRIVEWAY". The sign shall be visible from the street. 2. The operator shall install a sign on site at the westernmost driveway on Fourth Street to read "NO BACKING INTO STREET". The sign shall be visible from the delivery area. 3. Outdoor rental equipment area indicated in Planning Condition 9 shall be designed to comply with National Pollutant Discharge Elimination System (NPDES) standards and Orange County Sanitation District (OCSD) standards for any run-off. Such standards must appear on plans. Resolution No. 2007-016 31 A-117 Page 7 of 8 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 fore oing document described as: Resolution No. 2007-016 Variance No. 2007-01 in this action by placing a true copy ereo enc ose In sealed enve opes a resse as follows: Doug Couper Greenberg Farrow Architecture 1920 Main Street, Suite 1150 Irvine, CA 92614 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-016 Page 8 of 8 31A-118 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-04 TO ALLOW A BAIL BOND USE AT 801 NORTH ROSS STREET, SUITE A - HOSSEIN MALAKOOTI ON BEHALF OF ALADDIN BAIL BONDS, APPLICANT 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 Receive and file the staff report approving Conditional Use Permit No. 2007-04 as conditioned. PLANNING ACTION On April 9, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-04 as conditioned by a vote of 6:0 (Gartner absent) to allow a bail bond use in the Professional (P) zoning district at 801 North Ross Street, Suite A. The Planning Commission added a condition requiring the applicant to re-submit a landscape plan for approval (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino E cutive Director Planning & Building Agency LL:rb 11\reporte\PC and ZA\cup09-04.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 9, 2007 TITLE: PUBLIC HEARING - FILED BY HOSSEIN MnT.AKOOTI ON BEHALF OF ALADDIN BAIL BONDS FOR CONDITIONAL USE PERMIT NO. 2007-04 TO ALLOW A BAIL BOND USE AT 801 NORTH ROSS STREET, SUITE A PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus Executive Director Planning Ma ger RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2007-04 as conditioned. DISCUSSION Request of Applicant Mr. Hossein Malakooti, on behalf of Aladdin Bail Bonds, is requesting approval of a conditional use permit to allow a bail bond use at 801 North Ross Street, Suite A. Property Description The project site is an 11,500 square foot, rectangular shaped parcel located on the northeast corner of Ross Street and Civic Center Drive. The site is currently developed with a newly constructed 4,164 square foot, two-story office building. The site is located in the Professional (P) zoning district and has a corresponding General Plan land use designation of Professional and Administrative Office (PAO) with a floor area ratio of 1.0 (Exhibit 1). Surrounding land uses include government buildings to the south and east, professional offices to the west and residential uses to the north (Exhibit 2). Project Description Aladdin Bail Bonds proposes to occupy a 500-square foot tenant space on the first floor of a newly constructed office building. City records indicate that the office building was approved with Variance No. 2005-01 EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-04 April 9, 2007 Page 2 to reduce the front yard setback and was designed to meet the parking requirements for general office use. The applicant is proposing to develop one additional parking stall to comply with the parking requirements of the Santa Ana Municipal Code (SANG) since a bail bond use requires five spaces per 1,000 square feet of area, while a general office requires three spaces per 1,000 square feet of area. To accommodate the additional stall, the applicant proposes to reduce the size a landscape planter facing the alley to the minimum requirement of five feet and eliminate a six-foot walkway since the handicap ramp can serve all users as a walkway (Exhibits 3 and 4). Analysis of the Issues The Santa Ana Municipal Code allows bail bond uses in the Professional (P) zone district, subject to a conditional use permit. A conditional use permit allows the City to impose conditions to mitigate any potential unforeseen negative impacts associated with a bail bond use and its after hours operations. To ensure that the impacts to the community are kept to a minimum, section 41-323 of the SAMC establishes development standards for bail bond establishments. These standards require them to be located within 2,000 feet of a jail facility and establish a separation of 150 feet from any property zoned Rl, R2 or R3. The proposed bail bond establishment meets both criteria as it is located approximately 1,700 feet from the Orange County Jail and is over 500 feet from a residential zone. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department's conditions refer to business operations and physical improvements to improve employee and customer safety, such as prohibiting exterior pay phones and maintaining visibility to the establishment's interior from the street. Since there are some non-conforming residential uses to the north of the project, conditions of approval have been added to ensure that there is no light intrusion and that a six-foot wall is maintained to separate the commercial from the residential use. The Police Department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. 31 B-3 Conditional Use Permit No. 2007-04 April 9, 2007 Page 3 In summary, as conditioned, the project will not create additional negative impacts to the surrounding business and residents and is compatible with the City's General Plan. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-04 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the project is exempt from further review. This Class 1 exemption allows for permitting of existing private structures involving negligible or no expansion of an existing use. 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COMMERCIAIJMUSEUM DISTRICT MO MILITARY OPERATIONS PA SUBURBAN APARTMENTS C2 GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIAL ESTATE C3 CENTRAL BUSINESS P PROFESSIONAL SD SPECIFIC DEVELOPMENT C&A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 07-4 ~ ALADDIN BAILBONDS - ~ "' 801 NORTH ROSS STREET, SUITE A - =SDD FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 31 B-5 z 0 m F y W W ~ ~ SINGLE PROFESSIONAL ~ ~ FAM RES. ~- d f~ ~ PARKING W LOT ~ 2 P A R K I N G L O T ~ w W O , Q p ~ PROFESSIONAL PROFESSIONAL CIVIC CENTER DRIVE y G O V E R N M E N T ¢ G O V E R N M E N T __ CUP 07-4 ~~ ALADDIN BAILBONDS ~ -- 801 NORTH ROSS STREET, SUITE A 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 B-6 Q E h g~ ~ 0 y~ ~ u ~ ~ ~ d 4 $ ~ ~~~ ~ dX~ a g ~ 4 ~ ~ ~gqqg4`~ S ~~I N P Q U ZaI~ C] Q J 1- J ~ wy Wi- o w ~ w tt- w~! ~ N ~ N ro N ~ o=I~ 3~~ ~~ it m,~ 0 n N g~ ~ t Q U a ~ z a z ~ a Q ~ ~ ~ z ~J ~-' a ti w w W ~ ~ ti ~ 0 x F- 0 z 0 i i ~~~ I ~ T N Q z J J W J W J W O J ~' B_ CUP 07-4 'EXHIBIT 4 RESOLUTION NO. 2007-019 KO 4112/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-04 TO ALLOW A BAIL BOND USE AT 801 NORTH ROSS STREET, SUITE A 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. The applicant is requesting Conditional Use Permit No. 2007-04 to allow a bail bond use at the property located at 801 North Ross Street, Suite A. B. The Planning Commission held a duly noticed public hearing on April 9, 2007, on Conditional Use Permit No. 2007-04 to allow a bail bond use at the property located at 801 North Ross Street, Suite A. C. Santa Ana Municipal Code Section 41-313.5(m) requires a conditional use permit for bail bond uses within the Professional (P) zone district. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed bail bond use is an integral part of the justice system and provides a service to ensure a long established right of every citizen. Therefore, the proposed use will contribute to the general well being of the community. While bail bond establishments are regulated by the California Department of Insurance, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. Resolution No. 2007-019 Page 1 of 7 31 B-9 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed use will operate 24-hours a day and will provide a service to incarcerated people and their families during the times that the jail system processes and releases them. Conditions of approval will require the establishment to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. Bail bond uses concentrate in certain areas and such concentrations, if not properly regulated, could create significant secondary effects such as lowering of property values, an increase in crime and failure of these areas to recycle to superior professional uses. The proposed bail bond use will be required to be concentrated within 2,000 feet of a jail facility and separated from residential zones, which will protect property values within the community, which will contribute to the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved wnditional use permit for a bail bond use in the Professional (P) zoning district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed establishment is located in the Professional and Administrative (PAO) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan. The project site is not located within any specific plans. E. In accordance with the Califomia Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the project is exempt from Resolution No. 2007-019 Page 2 of 7 31 B-10 further review. This Class 1 exemption allows for permitting of existing private structures involving negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2006-202 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. 2007-04 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 801 North Ross Street, Suite A. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated April 9, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of April, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill, Munoz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2007-019 Page 3 of 7 31 B-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-019 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 9, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-019 Page 4 of 7 31 B-12 Conditions for Approval for Conditional Use Permit No. 2007-04 Conditional Use Permit No. 2007-04 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 ria or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review DP No. 2005-79, except that Exhibits 3 and 4 of Conditional Use Permit No. 2007-04 shall replace the site plan and floor plan of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The area of the tenant improvement occupied by a bail bond use shall not exceed 500 square feet. 4. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 5. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 6. No living quarters are allowed. No showers shall be provided within the unit. 7. No exposed neon lighting shall be permitted on the building or within the window displays. Signage shall not incorporate any exposed neon. 8. Windows shall not be darkened or covered restricting the visibility to the interior of the establishment. 9. A proposed final landscape plan, showing to the extent practical enhanced or augmented landscaping along Civic Center Drive, shall be submitted to the Planning Commission for its review and approval. EXhlblt A Resolution No. 2007-019 Page 5 of 7 31 B-13 B. Police Department 1. The existing building and parking lot 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's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 4. Window displays and racks must be kept to a maximum height of three feet. 5. All pay telephones shall be located inside the premises. 6. The petitioner(s) shall be responsible for maintaining the premises free of litter. 7. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 8. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2007-019 Page 6 of 7 31 B-14 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-019 (Conditional Use Permit No. 2007-04) in this action by p acing a rue copy ereof enc~os~Ce in s- eta ea enve opes a ressed as follows: Hossein Malakooti VMM, LLC 50 Amberleaf Irvine, CA 92614 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-019 Page 7 of 7 31 B-15 31 B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2007 TITLE: RESOLUTION PERTAINING TO UNAFFILIATED CONFIDENTIAL AND UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES ~~. CITY MANAGER RECOMMENDED ACTION 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 1. Adopt a Resolution regarding wages and benefits for Unaffiliated Confidential classifications of employment. 2. Adopt a Resolution regarding wages and benefits for unrepresented Executive Management classifications of employment. The City Council has recently authorized amendments of its Memoranda of Understanding with several of its employee bargaining units, extending the term of existing contracts through June 30, 2010 and providing adjustments in wages and certain benefits. Included in these negotiated changes is the City's agreement to amend its contract with CalPERS to provide a 2.7~ at 55 retirement plan for miscellaneous employees to be effective on January 1, 2009. In exchange for this enhanced benefit, City bargaining units have agreed that beginning July 1, 2007, miscellaneous employees will contribute incrementally toward the employer cost of the retirement plan and that by July 1, 2009, these employees' contributions will pay for the additional cost of the plan. In conjunction with Council's approval of these wage and benefit changes for represented employees, the subject action will provide for similar changes for the City's unrepresented Unaffiliated Confidential (UC) employees. Unaffiliated Confidential classifications are those assigned to perform work in employee-employer relations activities. Included in this group are employees holding positions as Executive Assistants, Legal Secretaries, Management Analysts, some Executive Secretaries, and employees in the Personnel Services Agency and in the City Attorney's Office. In addition, the subject action will provide similar wage and benefit changes for unrepresented Executive Management (EM) employees. These 55A-1 Resolutions for Unaffiliated Confidential and Unrepresented Executive Management Employees May 7, 2007 Page 2 of 2 positions include all of the Executive Directors and Officers of the City. Specifically, by this action, the City Council will approve wage and benefit changes for unrepresented Executive Management classifications similar to those provided to classifications represented by the Service Employees International Union (SEIU) and the Santa Ana Management Association (SAMA). FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object code 6171). APPROVED AS TO FUNDS AND ACCOUNTS: ique J. A a Executiv Di ecto Personnel Ser Department Francisco Gutierrez Executive Director Finance & Management Services Agency 55A-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 BASIC COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNAFFILIATED CONFIDENTIAL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and employees of the City of Santa Ana. C. On December 21, 1987 the City Council passed and adopted Resolution No. 87- 94, amending Resolution No. 82-110 to establish a basic compensation plan for classifications of employment designated as Unaffiliated Confidential (UC) and to set forth certain levels of salaries and benefits for these classifications. Resolution No. 82-110 has been amended from time to time to allow for adjustments to the wages, benefits and other terms and conditions of employment for employees designated as Unaffiliated Confidential (UC). D. On November 20, 2006, the City Council authorized amendments of its Memoranda of Understanding with several employee bargaining units, including the Service Employees International Union (SEIU) and the Santa Ana Management Association (SAMA), extending the term of existing contracts through June 30, 2010. Other changes included certain adjustments in wages and benefits including an agreement to amend the City's contract with the California Public Employees' Retirement System (CaIPERS) to provide a 2.7% at 55 retirement benefit for miscellaneous employees, effective January 1, 2009. In exchange for this enhanced benefit, City bargaining units agreed that beginning July 1, 2007, miscellaneous employees covered by CaIPERS will contribute incrementally toward the employer cost of the new retirement plan, and that by July 1, 2009, these employee contributions will pay for the additional cost of the plan. Resolution No. 2007- Page t of 6 55A-3 E. It is the City's desire that full-time Unaffiliated Confidential employees shall continue to be subject to the same changes in wages and benefits as are provided for employees represented by SEIU and the same changes in certain benefits which are provided for employees represented by SAMA. In consideration of the retirement contributions described above, it is the City's desire to: 1. Increase the base salaries assigned to full-time unrepresented classifications designated as Unaffiliated Confidential (UC) by the same percentage, on the same dates and in the same manner as provided SEIU represented classifications, as shown below: Date Salary Increase July 1, 2008 Eight salary rate ranges (approximately 4%) January 1, 2009 Five salary rate ranges (approximately 2.5%) July 1, 2009 Eight salary rate ranges (approximately 4%) January 1, 2010 Five salary rate ranges (approximately 2.5%) 2. Continue to treat full-time Unaffiliated Confidential classifications as subject to the same Basic Classification and Compensation plan provisions and their application as those pertaining tofull-time classifications represented by SEIU. 3. Continue to provide full-time Unaffiliated Confidential employees with the same changes in health, dental and retirement benefits, and other benefit changes, based on similar conditions, as provided to full-time employees represented by SEIU. 4. Continue to provide full-time Unaffiliated Confidential employees with the same tuition reimbursement, long-term disability and medical retirement subsidy plan changes as provided for full-time management employees represented by SAMA. G. It is now desired to amend Council Resolution No. 82-110 to effect these objectives. Section 2. That Section 3 of Resolution No. 82-110 Assignment of Classes of Emoloyment to Salary Rate Ranges, as amended, is hereby further amended by assigning the following classifications to the salary rate ranges, on the effective dates, as next hereinafter set out: 6 Step Salary Rate Range No. Effective: Resolution No. 2007- Page 2 of 6 55A-4 Classification Title 7/1/07 7/1108 (monthly $ min-max)1/1109 711109 1/1/10 Budget Analyst (UC) 642 650 (4978 - 6353) 655 663 668 Council Services Secretary (UC) 563 571 (3381 - 4317) 576 584 589 Executive Assistant (UC) 619 627 (4448 - 5678) 632 640 645 Executive Secretary to the Police Chief (UC) 594 602 (3935 - 5026) 607 615 620 Legal Office Assistant (UC) 518 526 (2717 - 3467) 531 539 544 Legal Secretary (UC) 562 570 (3365 - 4296) 575 583 588 Liability Claims Coordinator (UC) 667 675 (5623 - 7176) 680 688 693 Liability Claims Processor (UC) 567 575 (3449 - 4404) 580 588 593 Loss Control Analyst (UC) 627 635 (4624 - 5905) 640 648 653 Loss Control Office Specialist (UC) 567 575 (3449 - 4404) 580 588 593 Loss Control Technician (UC) 616 624 (4382 - 5596) 629 637 642 Management Aide (UC) 616 624 (4382 - 5596) 629 637 642 Management Analyst (UC) 642 650 (4978 - 6353) 655 663 668 Management Assistant (Exempt) (UC) 642 650 (4978 - 6353) 655 663 668 Outreach Program Coordinator (UC) 671 679 (5734 - 7319) 684 692 697 Paralegal (Exempt) (UC) 597 605 (3994 - 5101) 610 618 623 Payroll Systems Analyst (UC) 682 690 (6050 - 7723) 695 703 708 Payroll Technician (UC) 596 604 (3974 - 5076) 609 617 622 Personnel Analyst (UC) 627 635 (4624 - 5905) 640 648 653 Personnel Executive Secretary (UC) 584 592 (3747 - 4787) 597 605 610 Personnel Secretary (UC) 563 571 (3381 - 4317) 576 584 589 Personnel Services Receptionist (UC) 545 553 (3098 - 3954) 558 566 571 Personnel Services Specialist (UC) 555 563 (3253 - 4152) 568 576 581 Personnel Technician (UC) 596 604 (3974 - 5076) 609 617 622 Police Personnel Services Specialist (UC) 576 584 (3604 - 4601) 589 597 602 Secretary to the City Manager (UC) 640 648 (4930 - 6291) 653 661 666 Senior Budget Analyst (UC) 671 679 (5734 - 7319) 684 692 697 Senior Legal Management Assistant (Exempt) (UC) 671 679 (5734 - 7319) 684 692 697 Senior Legal Office Assistant (UC) 545 553 (3098 - 3954) 558 566 571 Senior Legal Secretary (UC) 584 592 (3747 - 4787) 597 605 610 Senior Management Analyst (UC) 671 679 (5734 - 7319) 684 692 697 Senior Management Assistant (Exempt) (UC) 671 679 (5734 - 7319) 684 692 697 Senior Personnel Analyst (UC) 671 679 (5734 - 7319) 684 692 697 Senior Personnel Receptionist (UC) 563 571 (3381 - 4317) 576 584 589 Senior Personnel Services Specialist (UC) 576 584 (3604 - 4601) 589 597 602 Senior Personnel Technician (UC) 616 624 (4382 - 5596) 629 637 642 Senior Workers' Compensation Claims Assistant (UC) 591 599 (3880 - 4954) 604 612 617 Senior Workers' Compensation Claims Examiner (UC) 646 654 (5076 - 6478) 659 667 672 Training Coordinator (UC) 671 679 (5734 - 7319) 684 692 697 Workers' Compensation Claims Assistant (UC) 567 575 (3449 - 4404) 580 588 593 Workers' Compensation Claims Examiner (UC) 616 624 (4382 - 5596) 629 637 642 Resolution No. 2007- Page 3 of 6 55A-5 Section 3. That Section 12 of Resolution No. 82-110 Employee Benefits for Full-Time Unaffiliated Confidential Emaloyees, as amended, is hereby further amended as set forth below: A. The first paragraph of Section 12 shall read as follows: "Section 12. Employee Benefits for Full-Time Unaffiliated Confidential Emolovees. Each full-time employee in a classification of employment designated in Section 3 of this Resolution as Unaffiliated Confidential (UC) shall continue to receive as additional compensation, any and all employee benefits which they were entitled to receive on June 30, 2007 by prior action of the City Council, except as modified below." B. Subsection L. Medical Retirement Subsidy Plan shall read as follows: "L. Medical Retirement Subsidy Plan. The City shall contribute toward the medical retirement subsidy plan of all full-time employees in classifications designated as Unaffiliated Confidential (UC) in the same amount, in the same manner and under similar conditions as provided for management employees represented by SAMA." C. Subsection N. Parking shall be replaced with a new Subsection "N "which shall read as follows: "N. 2.7% at 55 Retirement Benefit for CaIPERS Miscellaneous Members. Effective January 1, 2009, the City shall amend its retirement contract with CaIPERS to provide miscellaneous employees with the 2.7% at 55 retirement benefit. Pursuant to CaIPERS regulations, this new formula will apply to employees that are in active status on the date this amendment takes effect. This new formula will apply to each year of eligible service credited with the City of Santa Ana. Effective July 1, 2007, CaIPERS miscellaneous employees shall contribute two percent (2%) of their salary toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1, 2008, CaIPERS miscellaneous employees shall contribute an additional two percent (2%) of their salary, for a total of four percent (4%), toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1, 2009, CaIPERS miscellaneous employees shall contribute an additional two and three tenths percent (2.3%) of their salary, for a total of six and three tenths percent (6.3%), toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2.3% contribution Resolution No. 2007- Page 4 of 6 55A-6 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis." D. The first paragraph of Subsection O. Other Compensation Plan Changes shall be amended to read as follows: General. Unless specified otherwise above, full-time Unaffiliated Confidential employees will be subject to the same changes in compensation plan provisions, including but not limited to, advancement and reductions in salary steps; bilingual pay; applicable assignment/incentive pay; overtime work; holidays; vacation, bereavement and other leaves of absence; longevity vacation cash out; employee insurance, including health, dental and life insurance; access to participate in the City's vision plan; retirement; work week schedule, as provided or as will be provided to full-time CaIPERS miscellaneous general service employees represented by SEIU, on or after July 1, 2007." Section 4. That Section 13 of Resolution No. 82-110 Other Unaffiliated Confidential Employee Rights and Privileges, as amended, shall be further amended to read as follows: "Section 13. Other Unaffiliated Confidential Employee Rights and Privileges. Each employee in a classification of employment designated in Section 3 of this Resolution as Unaffiliated Confidential (UC) shall continue to enjoy the same rights and privileges to which they were entitled as of June 30, 2007." Section 5: 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 6: That this Resolution shall be operative, unless specified otherwise above, from and after July 1, 2007. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers: Resolution No. 2007- Page 5 of 6 55A-7 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 , 2007. Date: Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2007- Page 6 of 6 55A-8 RESOLUTION NO. 2007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO AMEND THE BASIC COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91-066 re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive and Middle Management. C. The City Council has amended Resolution No. 91-066 on numerous occasions since its adoption. D. On December 17, 2001, the City Council passed and adopted Resolution No. 2001-089 which amended Resolution No. 91-066 to provide thatthe salary rate for the unrepresented Executive Management classification of Fire Chief shall be increased to provide the same percentage increase as is provided to members of the Fire Management Association. E. On November 20, 2006, the City Council authorized amendments of its Memoranda of Understanding with several employee bargaining units, including the Service Employees International Union (SEIU) and the Santa Ana Management Association (SAMA), extending the term of existing contracts through June 30, 2010. Other changes included certain adjustments in wages and benefits including an agreement to amend the City's contract with the California Public Employees' Retirement System (CaIPERS) to provide a 2.7% at 55 retirement benefit for miscellaneous employees, effective January 1, 2009. In exchange for this enhanced benefit, City bargaining units agreed that beginning July 1, 2007, miscellaneous employees covered by CaIPERS will contribute incrementally toward the employer cost of the new retirement plan, and that by July 1, 2009, these employee contributions will pay for the additional cost of the plan. Resolution No. 2007- Page 1 of 7 55A-9 F. It is the City's desire that with the exception of salary for the Fire Chief, that unrepresented Executive Management officers and employees shall continue to be subject to the same adjustments in wages and benefits as are provided for Middle and Administrative Management employees represented by SAMA. G. In consideration of the retirement contributions described above, it is the City's desire to: Adjust the base salaries assigned to unrepresented Executive Management classifications by the same percentage, on the same dates and in the same manner as provided represented Middle Management, Administrative Management, and general service employee classifications as shown below: July 1, 2008: 4.0% January 1, 2009: 2.5% July 1, 2009: 4.0% January 1, 2010: 2.5% 2. Continue to provide the unrepresented Executive Management classification of Fire Chief with the same percentage salary increase(s) as are or as will be provided to members of the Fire Management Association. 3. Continue to provide unrepresented Executive Management officers and employees with the same changes in retirement and other benefits, based on similar conditions, as provided to represented management employees. H. It is now desired to amend Council Resolution No. 91-066 to effect these objectives. Section 2. That Resolution No. 91-066, as amended, is hereby further amended as follows: A. Subsection A of Section 2 Schedule of Salaries shall read as follows: "A. Salary Schedules for unrepresented Executive Management classifications fortheperiod July 1, 2008 through June 30, 2010 are listed below. Salary Schedule EM-08 is attached hereto and made a part hereof as though set forth herein and will be used to develop future salary schedules to provide the salary increases on the effective dates specified below: Salary Schedule Effective Percentage Unrepresented Category of Emolovment No Date Increase Executive Management (EM) EM-09 7/1/08 4.0% EM-10 1/1/09 2.5% EM-11 7/1/09 4.0% EM-12 1/1/10 2.5%" Resolution No. 2007- Page 2 of 7 55A-10 B C Subsection A of Section 3 Designation of Management Classes and Assignment of such Classes to Salary Rate Ranges shall read as follows: "A. Unrepresented Executive Management Classifications 15 Step Salary Rate Classification Title Range Effective 7/01/07 Assistant City Manager (EM) Deputy City Manager for Development Services Executive Director of Community Development (EM) Executive Director, External Affairs (EM) Executive Director of Finance and Management Services (EM) Executive Director of Parks, Recreation & Community Services Executive Director of Personnel Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) Fire Chief (EM) Library Director (EM) Police Chief (EM) EM-39 EM-41 EM-31 EM-24 EM-32 (EM) EM-31 EM-30 EM-31 EM-35 EM-34* EM-28 EM-47 * Note: Effective July 1, 2002, and in future years, the salary rate for the classification of Fire Chief shall be increased to provide the same percentage increase, on the same effective date, as is provided to members of the Fire Management Association. " Subsection 4.3 of Section 4 Special Salary Compensation Provisions shall read as follows: "4.3 Compensation Plan Changes for Unrepresented Executive Management Classifications. Unless specified otherwise herein, unrepresented Executive Management officers and employees will be subject to the same changes in compensation plan provisions, including but not limited to, bilingual pay; sick leave maximum accrual; bereavement leave; holidays; longevity vacation cash out; health and dental insurance; access to participate in City's Vision Plan; retirement; medical retirement subsidy plan; and work week schedule, as provided or will be provided to SAMA represented management employees on or after July 1, 2007." D. Subsection C of Section 6.1 Retirement Plan Contributions shall read as follows: "C. 2.7% at 55 Retirement Benefit for CaIPERS Miscellaneous Members. Effective January 1, 2009, the City shall amend its retirement contract with CaIPERS to provide miscellaneous employees with the 2.7% at 55 retirement benefit. Pursuant to CaIPERS regulations, this new formula will apply to employees that are in active status on the date this amendment takes effect. This Resolution No. 2007- Page 3 of 7 55A-11 new formula will apply to each year of eligible service credited with the City of Santa Ana. Effective July 1, 2007, CaIPERS miscellaneous employees shall contribute two percent (2%) of their salary toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1, 2008, CaIPERS miscellaneous employees shall contribute an additional two percent (2%) of their salary, for a total of four percent (4%), toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1, 2009, CaIPERS miscellaneous employees shall contribute an additional two and three tenths percent (2.3%) of their salary, for a total of six and three tenths percent (6.3%), toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis." E. Section 8. Other Unrepresented Executive Management and Emplovee Rights and Privileges shall read as follows: "Section 8. Other Unrepresented Executive Management Emplovee Rights and Privileges. Each employee in a classification of employment designated in Sub- section 3A of this Resolution as unrepresented Executive Management (EM) shall continue to enjoy the same rights and privileges to which they were entitled as of June 30, 2007." Section 3. That except as amended by this Resolution, all other provisions of Resolution No. 91-066, as amended, shall remain in full force and effect. Section 4. That this Resolution shall be operative, unless specified otherwise above, from and after July 1, 2007. Resolution No. 2007- Page 4 of 7 55A-12 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2007- Page 5 of 7 Patricia E. Healy Clerk of Council City of Santa Ana 55A-13 00 N o0 O O b -+ N -- r^ v1 b b M^ oa ~ Oi vi ~ N N ~ ~O m ~ in O~ M Oi vi .~ T r vi vi in b r O M r N o0 vl N - O ^ M vl r O~ -~ V i0 0o M b O~ V r O M l0 O\ M b O~ M b O V oO N '~ p~ W pp W ap ~ ~ ~ ~ O O O O ^ ^ N N N N M M M .~-i ~ V~ v) ~n ~D Oi OA ~--~ oo N ^ r vl - ~ - N o0 O O b -~ N - r - h b AD M -ti o0 V V N N V b oo vi O~ M, ~~ ~ r ~n ~n ~n b r O M r N oo vi N ^ h M Vl r Q~ ^ V l'J ~ M lD 01 ^ V r O M ~O T M b G1 M b O V W r m~~~~~~~~ 0 0 0 0^^^ N N N N M M M V a N ~n ~n b ~ T oo N .~ r ~ .-. _ 00 .~ N w O O ~O ^ N ,--~ r .-. vi b b M -~ o0 M N N N V ~D W Vl 01 M O~ vl G\ r Vl Vl h b r O M r N W h N ^ r O~ ~--~ M Vl r O\ ^ V b o0 '-' M b Oi ..~ V r O M b c M b O~ M iO O V r r o0 00 00 00 0o pi ~~~ 0 0 0 0~ .. ^ N N N N M M M V V ~n v1 r b O~ ~ .-~ m N '+ r ~n -+ m '"' N W O O b^ N- r -+ ~n b b M^ N M N N N V ~O ca vi O M Oi h O~ r h v1 vi b r O M r N W vi -~ vi r O\ ^ M Vl r O~ .-. 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O y O z ~, ~~~ N b r V M r \D O1 O~ -~ oo N- r -- ~ '-' N oo O O b -- N -~ r ~ r ~O N 01 P Vl M N N N V b oo v) O~ M a h ~ r~ N '~ b r O 'J' C O b W Q~ ~- M V1 r O~ .~ M Vl r O~ .--~ V b W M ~D T ~ r O M i0 CT M ~ (p 0 V• b .p r r r r r pp pp o0 00 00 Q~ pi O~ O~ O O O O^^^ N N N N M ~ N U w ~ 00 N b r~ M r b G1 O~ -~ ca N^ r u -- -~ N oo O O V ~- N -~ r ~ ~D 01 b N O~ r vi M N N N V ~D oo ~n O~ M ran b~~ O r O M b~ O V ~D oo O~ -- M h r G\ .- M ~n r O~ -~ ~ ~D o0 O O O O -- -~ N N N N is Z, f0 b .n ~o b r r r r r o0 00 00 00 0o a c~ a s ~ c ~ y a w N b r v M r ~c o~ a~ ,-. oo N ^ r ~n ^ .-• °M° a, ~ GO °a ° vbi ~n ~ ~o W C h M P b N CT r vl M N- N N~ b W h O1 '-' C O M B lD W P .-• M Vl r C1 .~ M Vl r~ .-. ~ b W '-' M b G1 .-. ^ r O M i0 0 ~ b b ~D ~D b r r r r r o0 00 00 00 00 T Q~ O+ O~ O O O O- ^ N N N J (0 -p C 47 <O ~ O1 00 N ~D r ~ M r b G\ O~ .. 00 N .~ r h _ oo .~ N w O O b -- N L c V W M G1 b N O~ r Vt M N N N a lD W h~ ti M b G1 ~ e{ r O M C O M V b W C,i - M h r P- M VI [~ O~ '+ ~ l'J W ~ b b b ~D b ~O r r r r r op W W ca oo O\ O\ O~ p~ 0 0 0 0^- N N .~ ~ M~ O\ W N b r V M r b O~ C~ W N .~ r v~ W .~ N oo O O b .~ M M W M G1 lD N O~ r Vl M N ^ N N~ b o0 1n O1 M~~ '~ ~ r H h 0 0- M V b oo a .- M ~n r a- M ~n r a .- a b oo M ~o a, -- a r o lL b b b b b b b r r r r r co 00 0o w oo a s o~ o~ 0 0 0 0_ .-. _ N vi M~ O~ 00 N ~O r a M r b C~ .- W N r ~n -~ °~ '- N oo O O b N ~ M W M Gl b N O~ r V1 M N - N N ~ lp W ~. V1 O1 M O~ V1 ^ O~ r V1 O oo b b b b b b b~ r r r r r m m W W w O~ T c a O O O O-~~ ^ vl M a O\ a0 N b r 'ct M r ~. T T- 00 N -J r V1 -~ ~- N oo O O ^ V W M W M O~ lp N T r vl M N^ N N V b W Vt T ti~~ ~' a r O r W O .~ M V' lJ W C1 .~ M Vl r O~ ._. M~ r~- V b W M ~D 01 V vl vl b b V' ~D \O b b r r r r r o0 00 00 00 0o O~ O~ p~ pi O O O O ^ ^ ~n b r oo ~ O -+ N M I ~n b r co O~ O N M V vi b r op O~ O N M C ~+ C ^ ~N+N+ N cN N 'N+ NN+ ~N+ ~N+ CM ~M+ t ~l M cM ~M+ M ~M+ M cM ~V+ q ~ ac{ L ~ F. G ~ G G ~ G ~ !. ~ G G F-. G G ~ ~ G /-+ ~ G ~ G /-r ~ ~ /r 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 r O O z ~r O ~^ O ~ b O ~ d rx oitl. 55A-14 ~ a~ ~n ~ rn r r N vi T M G~ b b O V o0 M r N b r r r o0 0o a. O ~ N vi P M O~ N b O V W M r b b r r r o0 00 ~ c ~ ~ h ~ ~ 0o ON b O ~ m M vl V b r r r W 00 V O~ V O~ ~n -. N O .- N ~ c V o0 N b O V o0 ~n ~n ~n b r r r -. oo v c v a vi ~n N O - N ~n O~ 00 N b O V vi ~n ~n b b r r M .- oo V O~ d' G\ W h N O W N ~O O O w N ~O O v ~n ~n ~n b b r b v, -. co v a a N O v~ N O - M r O V W N b V V' vi vi v~ ~O b b b M .~ 00 V G\ r N oo ~n N O 01 M b O~ W N M V' O Vl Vl Vl b V1 b lD M .~ W V M r N w ~n N ~D G\ M b O V o0 M M V C h Vl Vl .-. Vl lO b M .~ W O M r N w vi N M ~O 01 M b O V M M M V V Vl Vl r ~ ~ lD b M f+ r O M r N oo vi O1 M b 01 M b O N M M M ~ ~ V1 - r - vl b b M b r o M r N m L. O~ M lO 01 M lD N N M M M~ V N - r - ~n b b ~n b r O M r N M b O~ M ~D G1 M N N N M M M V .-. N -- r - ~n b vi vi b r O M r O M b O~ M b C~ N N N N M M M h~ vl b r O M ~ ^ O M l:. O~ M lD ~ N N N N M M N - - ,-. .-. .~ O z v ~n b r oo a o q r a v a v v v v, o 0 W W W v] W W W o a~ m pp v CG P. 55A-15 55A-16 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: MAY 7, 2007 TITLE: PUBLIC HEARING - SALE OF AGENCY OWNED PROPERTY LOCATED AT 612, 614, 622, 714 E. SANTA ANA BLVD. AND 217, 219 S. BIRCH STREET ~~ ~~~ C TY MANAGER EX CUTIVE DIR TOR 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 TO FILE NUMBER 1. Approve an appropriation adjustment repaying a loan from the General Fund and transferring the same to the Capital Outlay Fund, and recognizing the proceeds from the sale of properties and appropriating the same into the Merged Housing Set Aside Fund. 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to a Purchase and Sale Agreement between the Agency and the City for the sale of certain properties located at 612, 614, 622, 714 E. Santa Ana Blvd. and 217, 219 S. Birch Street and authorizing the Deputy City Manager for Development Services to execute all required documents. COMMUNITY REDEVELOPMENT AGENCY 1. Authorize a $1,570,000 loan repayment from the Merged Project Areas Capital Improvements account to the General Fund. 2. Adopt a resolution authorizing the sale of Agency-owned property located at 612, 614, 622, 719 E. Santa Ana Blvd. and 217, 219 S. Birch Street and authorizing the Executive Director to execute all required documents. 80A-1 Public Hearing - Sale of Agency Owned Property May 7, 2007 Page 2 DISCUSSION The Community Redevelopment Agency has purchased a number of properties over the years for the development of very low-, low- and moderate- income housing. California Community Redevelopment Law restricts the length of time an Agency may hold land for future development to ten years. Currently, the Agency owns five parcels that will soon exceed this time limit. In order to comply with State law, the Community Redevelopment Agency will sell the properties located at 612, 614, 622, and 714 E. Santa Ana Blvd. (Exhibit 1), and 217, 219 S. Birch Street (Exhibit 2) to the City of Santa Ana for their total appraised value of $1,570,000. The intent is to ultimately develop these sites in a manner consistent with the surrounding neighborhoods. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption Nos. ER 2007-61, 62 will be filed for this project. FISCAL IMPACT Funds for the acquisition of these properties are available in the Capital Outlay Fund Non-Departmental Land account (account no. 051-012- 6611). Proceeds from the sale of the property to the City of Santa Ana will be deposited in the Agency's Housing Set-Aside Sale of Land account (account no. 507-O1-5821). APPROVED AS TO FUNDS AND ACCOUNTS: CJC~ ~'l~4mra.Sae.11 '1~` Shelly andry-B yle ~ Francisco Gutierrez ~u/ Housing Manager Executive Director Community Development Agency Finance and Management Services Agency SGH/JP-H/mlr H:\ACTIONS\2007 CC\P. H. JT CC-CRA - SaleAgenProp SAB1vdBirch 5-7-07.doc 80A-2 pP• QN,~~N G G~~~/~ 2~ 9 ~T \~ 6TH ST. .I 612, 614, 622 & 714 East Santa Ana Boulevard Exhibit 1 80A-3 FIRST WALNUT H ~ --- w w __. - W W ~i~ ~~ N __ __ f~ - 219 CHESTNUT ----- ----------- y _ __.__-_ ---_______ Q 'S x _._. ......... .......... p lA !A --- U Q OC ...-_-__._____. _--------- p ~ m __. ___-- _. _.-.. ..__ m STREET f- W - _- ¢ ~, F i cn - ___ _ , i STREET STREET STREET W O j_. ~ __ 4 U 217, 219 South Birch Street Exhibit 2 80A-4 4/12107 LES RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY-OWNED PROPERTY LOCATED AT 612, 614, 622, 714 E. SANTA ANA BOULEVARD AND 217-219 E. BIRCH STREET TO THE CITY OF SANTA ANA; AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. ON BEHALF OF THE CITY 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. Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et sec.) not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ("Agency") are set aside by the Agency in a Low- Moderate-Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate-income, including very-low- income persons. B. The Agency has purchased a number of properties over the years for the development of such low and moderate income housing. C. California Community Redevelopment law (Health and Safety Code section 33334.16) currently restricts the length of time that an Agency can hold land for future development to ten years. The properties located at 612, 614, 622, 714 E. Santa Ana Boulevard and 217-219 E. Birch Street ("the Property") will soon exceed the legal time limit. D. The Agency proposes to sell the Property to the City of Santa Ana at the current appraised values, pursuant to the terms and provisions of a Purchase/Sale Agreement (hereinafter referred to as the "Agreement"). E. The City has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purpose and provisions of applicable state and local laws and requirements. F. The City and Agency held a public hearing on the proposed Project and the Agreement as required by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. 80A-5 G. The proposed sale of the Property is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No.'s 2007-61 and 2007-62 will be filed for these projects. H. The City recognizes that it has received and heard all oral and written objections to the proposed sale of the Property, and to other matters pertaining to these transactions, and that all such oral and written objections are hereby overruled. I. The City hereby finds and determines that the information set forth herein is true and correct. J. The City hereby finds and determines that the sale of the Property will bring the Agency into compliance with Redevelopment law. K. The City hereby approves the sale and purchase of the Property. Section 2. The City Manager orhis/her designee is hereby authorized, on behalf of the City, to execute such documents that are to be signed by the City in connection with the sale and purchase, and to make such changes of anon-substantive nature to such documents as the City Manager shall deem appropriate. A copy of any such documents, when executed, shall be placed on file in the office of the Clerk of the Council. Section 3. The City Manager is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the sale and to administer the City's obligations, responsibilities and duties to be performed. Section 4. Proceeds of the sale of said Property to the City shall be deposited into the Agency's Housing Set-Aside fund. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. z $~Q-s ADOPTED this day of , 2007. 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 3 80A-7 80A-8