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HomeMy WebLinkAboutSANTA ANA EMPOWERMENT CORPORATION - 2000 .' , . It II A-2000-1 53 AGREEMENT BETWEEN THE SANTA ANA .... ,,' ..' EMPOWERMENT CORPORATION AND \ "e{~IIY-eF SANTA ANA, PARKS, RECREATION AND COMMUNITY SERVICES jet,r .~~ . AGENCY, DELHI COMMUNITY CENTER _ q""l f"" (Ii> FOR USE OF EMPOWERMENT ZONE FUNDS L D/Jr I ~hiS Agreement, made and entered into this ~ day of f \ ... ,2000, by and between the Santa Ana Empowerment Corporation, A alifornia Non-Profit Public Benefit Corporation ("SAEC") and City of Santa Ana, Parks, Recreation and Community Services Agency, Delhi Community Center ("SUBRECIPIENT). WITNESSETH Recitals: 1. SAEC is the recipient of Empowerment Zone ("FEZ") funds from the United States Department of Housing and Urban Development ("HUD"). 2. SAEC desires to engage SUBRECIPIENT to provide the services described in "Exhibit B," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to use all federal funds provided by SAEC to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds SAEC is otherwise obligated to pay to SUBRECIPIENT under Paragraph" hereof. B. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT operations hereunder. C. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and Page 1 of 13 . .' e - regulations relating thereto, SUBRECIPIENT shall immediately make good- faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the SAEC or other authorized citing agency. SUBRECIPIENT shall notify SAEC immediately of any pending violations. Failure to notify SAEC of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. D. All funds received by SUBRECIPIENT from SAEC pursuant to this Agreement shall be separately accounted for apart from any other funds of SUBRECIPIENT, or of any principal or member of SUBRECIPIENT. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) or more in FEZ funds under the terms of this Agreement, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide SAEC with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. E. SUBRECIPIENT shall keep records of all funds received from SAEC under the terms and conditions of this Agreement in accordance with the procedures set forth in the "Agreement Accounting and Administrative Handbook", a copy of which shall be provided to SUBRECIPIENT by SAEC. SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, number of female heads of households, and number of senior citizens assisted. SUBRECIPIENT agrees to provide SAEC with written cumulative (year-to- date) reports of its activities on or before the 15th day of July, October, January and April for the period beginning June 1, 2000 and through and including the previous three-month reporting period setting forth the activities, program accomplishments, new program information and year-to- date program statistics on expenditures, caseload and activities. When appropriate, pictures should be included. This agreement shall terminate on May 31, 2001, unless extended by mutual consent of the parties. Any extension shall be in writing, and executE;ld by the Executive Director and general Counsel on behalf of SAEC. SAEC and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Page 2 of 13 . " e e SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. SAEC and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event SUBRECIPIENT does not make the above-referenced documents available within the SAEC of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by SAEC in conducting any audit at the location where said records and books of account are maintained. F. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at SUBRECIPIENT's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which SAEC or any other governmental agency takes exception, shall be retained beyond the four (4) years until resolution or disposition of such appeals, litigation, claims, or exceptions. G. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. H. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to SAEC. I. Subreceipient acknowledges and warrants that it shall at all times comply with the laws, regulations and policies governing the use of FEZ funds, including but not limited to, the limitations on use of FEZ funds set forth in P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register, April 16,1998. J. Without prejudice to any other p~ovisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential I1ature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to SAEC and or HUD or its representatives, all records requested, Page 3 of 13 , .' e e including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of SAEC. L. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby FEZ funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance or repay SAEC all amounts spent in violation thereof. M. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to SAEC upon request. The term "non- expendable personal property" shall include leased and purchased equipment. N. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. O. SUBRECIPIENT certifies that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to SAEC prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of SAEC to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 4 of 13 e e P. SUBRECIPIENT agrees that except for the use of FEZ funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to FEZ activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a FEZ-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of SAEC, or of any designated public agencies, or the SUBRECIPIENT. O. SUBRECIPIENT acknowledges and warrants that prior to having any contractor perform work paid for by FEZ funds, that it shall be responsible (i) for providing such contractor with a copy of this Agreement, and (ii) ensuring that any such contractor executes and provides to the Executive Director of SAEC a letter in substantially the form of Exhibit F hereto, agreeing to be bound by the terms of this Agreement. R. SUBRECIPIENT acknowledges and warrants that during the term of this Agreement it shall to the maximum extent feasible collaborate with other SUBRECIPIENT to ensure that duplication of services is avoided. Such collaboration shall include, but not be limited to, regular attendance (i.e., an attendance record exceeding 50%) and active participation in the appropriate committee or committees established pursuant to the Strategic Plan. II. SAEC'S OBLIGATIONS Upon execution of this Agreement by SUBRECIPIENT, SAEC shall pay to SUBRECIPIENT from FEZ funds, when, if and to the extent received from HUD, for SAEC's 2000-01 FEZ program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2000-01 pursuant to this Agreement up to a maximum aggregate payment of One Million Dollars ($1,000,000.00) in installments determined by SAEC. Payments shall be made to SUBRECIPIENT through the submission of periodic invoices, in a form prescribed by SAEC, detailing such expenses. SAEC shall pay such invoices within thirty (30) days after receipt thereof provided SAEC is satisfied that such expenses have been incurred within the scope of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. III. PROGRAM INCOME A. For the purposes of this Article (III) "Program income," shall mean gross income received by the SUBRECIPIENT directly generated from toe use of FEZ funds, except as provided below in Paragraph III.C. When such income is generated by an activity that is only partially assisted with FEZ funds, the income shall be prorated to reflect the percentage of FEZ funds used. Page 5 of 13 e e B. Program income includes, but is not limited to the following: 1. Proceeds from the disposition by sale or long term lease of real property purchase or improved with FEZ funds; 2. Proceeds from the disposition of equipment purchased with FEZ funds. 3. Gross income from the use or rental of real or personal property acquired by the SUBRECIPIENT with FEZ funds, less the costs incidental to the generation of such income; 4. Gross income from the use or rental of real property owned by the SUBRECIPIENT that was constructed or improved with FEZ funds, less the costs incidental to the generation of such income; 5. Payments of principal and interest on loans made using FEZ funds; 6. Proceeds from the sale of loans made with FEZ funds; 7. Proceeds from the sale of obligations secured by loans made with FEZ funds; 8. Interest eamed on funds held in a revolving fund account; 9. Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where such assessments are used to recover all or part of the FEZ portion of a public improvement. C. Program income does not include income on grant advances from the U.S. Treasury. The following items of income earned on grant advances must be remitted to HUD for transmittal to the U.S. Treasury. 1. Interest earned from the investment of the initial proceeds of a grant advance by the U.S. Treasury; 2. Interest earned on loans or other forms of assistance provided with FEZ funds that are used for activities determined by HUD either to be ineligible or to fail to meet a national objective or other federal criteria. 3. Interest earned on the investment of amounts reimbursed to the FEZ program account prior to the use of the reimbursed funds for eligible purposes. D. The receipt of program income (as defined in Paragraph 1I1.A. hereinabove) by SUBRECIPIENT in the operation of said program shall be recorded by SUBRECIPIENT and reported to SAEC. E. Program income received by SUBRECIPIENT shall be returned to SAEC unless otherwise provided for in this Agreement. Page 6 of 13 e e IV. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with FEZ funds. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with FEZ funds: A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, FEZ funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the FEZ expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son- in-law, daughter-in-law, aunt, uncle, niece, nephew, step-parent and stepchild. The term "administrative capacity" means having .selection, hiring, supervisor or management responsibilities. Page 7 of 13 e e VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO SAEC: Santa Ana Empowerment Zone Board Community Development Agency M-25 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: City of Santa Ana Parks, Recreation and Community Services Agency, Delhi Community Center P.O. Box 1988 Santa Ana, CA 92702 VIII. ASSIGNABILITY SUBRECIPIENT shall not assign nor transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of SAEC; provided, however, that claims for money due or to become due SUBRECIPIENT from SAEC under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to SAEC. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify and save harmless SAEC, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of SAEC, and shall defend, indemnify and save harmless SAEC, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. Page 8 of 13 e e X. INSURANCE A. SUBRECIPIENT shall furnish the SAEC Clerk's Office with an insurance certificate from its workers compensation insurance carrier certifying that it carries such insurance as established and required under California law and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to SAEC. B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the SAEC of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the SAEC; (3) contain standard separation of insureds provisions; and (4) give to SAEC prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the SAEC, for approval by the SAEC's Attorney which shall clearly evidence all coverage required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the SAEC; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to SAEC any FEZ funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of FEZ funds. B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with FEZ funds in excess of $25,000.00 must either be: 1. Used, where SAEC has given written approval, to meet one of the national objectives stated under federal law until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by SAEC; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to SAEC an amount equal to the current fair market value of the property' less any portion of t~e value attributable to the expenditure of non-FEZ funds for acquisition of, or improvement to, the property. Such payment is program income to SAEC. Page 9 of 13 e e C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to SAEC. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and SAEC shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by SAEC's share of federal funds used to acquire the equipment. D. SUBRECIPIENT hereby agrees, upon the demand of SAEC, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to SAEC assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of SAEC, to vest in SAEC all of SUBRECIPIENT's right, title and interest (if any it may have) in and to SAEC, FEZ or other federal, state and/or local accounts or program funds or allocation of funds to which SAEC is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of SAEC, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraphs "XII. TERMINATION" and "III. PROGRAM INCOME" shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as SAEC and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of SAEC and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. Page 10 of 13 e e B. This Agreement may be suspended or terminated by SAEC upon five (5) days' written notice for violation by SUBRECIPIENT of the terms and conditions of the this agreement or applicable State or Federal requirements. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, SAEC may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, SAEC shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by SAEC in obtaining substitute performance. D. The grant of funds by SAEC to SUBRECIPIENT pursuant to this Agreement may be terminated for convenience upon two weeks written notice to SUBRECIPIENT. E. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.D., inclusive, SUBRECIPIENT agrees to immediately return to SAEC upon SAEC's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of FEZ funds which limitations are not presently anticipated. Accordingly, SAEC reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, SAEC may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested SAEC to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, SAEC's Executive Director or delegate is authorized to act for SAEC in implementing and -effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. Where SAEC has reasonable grounds to question SUBRECIPIENT's Page 11 of 13 e e fiscal accountability, financial soundness, or compliance with this Agreement, SAEC may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by SAEC affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of SAEC's FEZ funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both SAEC and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. Page 12 of 13 . ... e e XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as to the last date and year written below. SANTA ANA EMPOWERMENT CORP. DATED: Cy~~ EXECUTIVE DIRECTOR ATTEST: I ~CR7 jlC? PA,' ~ A . H::'AL Y, o Sccre't a:ry APPROVED AS TO FORM: Jt--;:;, I L T H , COUNCIL APPROVED AS TO CONTENT: (' '-. '.. '"""-"- '\ ~--- ~ AVID N. REAM CITY MANAGER DATED: j -/~ -Ou ATTEST: dh ' /,/1, e:ef; ~ V.L-Afl"y/ PA T;;:'A Eo HEAL Y ':!.ERK OF THE COUNCIL Page 13 of 13 . ) e ~ ~ . REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2000 CLERK OF COUNCIL USE ONLY: (/- ~..~. .' .7... --- / . ...' c~~;{"i/j/JLe c"- , APPROV~ E-? Cl ~ ?.ClClCU ~ As Recommend~a o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For TITLE: DELHI PARK AGREEMENTS CITY MANAGER CONTINUED TO A - #a ....-/.1", FILE NUMBER A(?,lr()l tt ~a -15</ (\P"\D O\-O\-d.- RECOMMENDED ACTION 1) Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute an agreement with the Empowerment Corporation for funding in the amount of $1,000,000 to assist in the construction of Delhi Community Center and Park improvements. 2) Approve an appropriation adjustment allocating Empowerment Zone Funding of $1,000,000 in revenue account (account no.129-020-6931) and appropriate the funds to the expenditure account (account no. 129-023- 6631) for Delhi Community Center and Park improvements. 3) Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute a land lease agreement for property under Delhi Community Center at Delhi Park. 4) Approve and adopt the Mitigating Negative Declaration and Monitoring Program, ER No. 00-05 DISCUSSION On June 5, 1995, the City of Santa Ana and Delhi Center entered into an agreement for the design, construction and operation of a new Delhi Community Center and expanded Park site. A series of community meetings on design development for the new facility were held. Concurrent with the design process, the City contracted a firm to perform soil remediation work on the site. Both the soil remediation work and park design plans are now completed. Page 65 25. H. CS383 e e Delhi Park Agreements September 5, 2000 Page 2 The total proj ect, estimated at $8.5 million is partially funded. The City of Santa Ana has been successful in securing $788,000 in State Grant funding, $997,500 in 1st year Empowerment Zone funding and $150,000 in General Funds for the proj ect. The second year of Empowerment Zone Funding requires the City to enter into an agreement with the Empowerment Corporation. The agreement provides $1,000,000 for Delhi Community Center and Park improvements. The agreement calls on the City to ensure that all required licenses, registrations, accreditation, permits and inspections be maintained for audit purposes. Also required is the maintenance of monthly records of all ethnic and racial statistics of persons and families benefiting by the improvement and program. All records shall be maintained for 4 years after completion of an audit. On December 15, 1998, the California Youth Authority made grant funding available for the construction of youth centers to non-profit organizations. Delhi Center applied for the grant and was successful in securing $2,250,000. The California Youth Authority Grant requires the grant recipient to own the building and own or retain a long-term lease on the property. Based on this requirement, staff is requesting a land lease agreement with Delhi Center be approved by City Council. Since the California Youth Authority Grant requires Delhi Center to operate the facility for 20 years, the property will be leased to Delhi Center for 20 years, with two options for extension (20 year and 10 year). Upon execution of the land lease Delhi Center will be able to complete the California Youth Authority Grant application. Completion of the application and grant agreement will enable Delhi Center to request a 25% advance of grant funds to begin construction. Since Delhi Center will own, operate and maintain the new community center, a revised development/operational agreement will be prepared for City Council approval. The revised agreement will identify ownership, operation, furnishing and maintenance responsibilities of the community center and park site. The City will also lease office space from Delhi Center for City staff to provide recreational programs in the park, in addition to having use of the 300 seat multi-purpose room, five times per year for City functions, at no additional cost. City will be responsible for all maintenance and programming of the park site. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Mitigated Negative Declaration ER No. 00-05 has been prepared for this project. 25.H. Page 66 - e Delhi Park Agreements September 5, 2000 Page 3 FISCAL IMPACT The appropriation adjustment will enhance the Delhi Community Center Project Funding. Monies available for this project are from State Grant Funding in the amount of $788,000 (account no.169-240-6631), Empowerment Zone Funding in the amount of $1,997,500 (account no. 129-277-6631 and 129-023-6631), General Fund in the amount of $150,000 (account no.51-250- 6631) and the California Youth Authority Grant in the amount of $2,250,000 (account no. 169-345-6631), providing a total $5,185,500 for the project. The City's lease of office space and use of the multi- purpose room will be $30,000 per year, commencing upon occupancy of the facility. APPROVED AS TO FUNDS AND ACCOUNT: ~o~) Executive Director Finance & Management Svcs. Agency Cleveland Williams Executive Director Parks, Rec. & Comm. Svcs. Agency a~~.I1'L-- Cynthi~ J. Neson Executive Director Community Development Agency I:Ron\delhiagree\ea Page 67 25.H. MAYOR Miguel A. Pulido MA YOR PRO TEM Thomas E. Lutz COUNCIL MEMBERS Lisa B ist . Alberta D. Christy Brett Franklin Patricia A. McGuigan Ted R Moreno . ~ . ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTQRNEY Joseph W. Flelcher CLERK OF THE COUNCiL Patricia E. Healy PLANNING & BUilDING AGENCY 20 Civic Center Plaza (M-20l P.O. BOX 1988 . Santa Ana, California 92702 Fax (714) 973-1461 POSTED NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Delhi Park Community Center Project Description: The proposed project involves the improvement and expansion of Delhi Park. Project Location: Near the intersection of Wamer Avenue and Halladay Street. Project Number: 00-05 Public Review Period: 8/9/2000 to 8/28/2000 Hearing Date: 9/18/2000 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 206 West Fourth Street, Santa Ana, Califomia. Please submit any comments on the Negative Declaration to the City on or before 8/28/2000. Please direct your comments to: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Dan Bott at (714) 667-2719. RHCB\lnotice\er - .. -. .---- --.- Page ()8 ,,~, 0'.: . __ . .. ~.. . . . - -- . - .- - ___' - ...- '. . - - c. - _ . _ _ '0 -','.',-- ,,--,-,--,_._ ._ _ ":_.~_.:;_._. ..: ',--.__ ... __,' '-_._"..-C--:~'- :'. ____d__ ~~-.' ---c . ,_c~~",,~::<, =-.:~,:' ". - . ;.'0--.... --,' .....~'-L,__..:........ ~ ... -0 _ - ,,' - '. 25.H. -~-_._- ---.....--~._- .~ MAYOR Miguel A. Pulido MAYOR PRO TEM Thomas E. Lutz COUNCIL MEMBERS Lisa Bist . Alberta D. Christy Brett Franklin Patricia A. McGuigan Ted R Moreno e ~ ~ CITY OF SANTA ANA e CITY MANAGER David N. Ream CITY ATTQRNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20l P.O. BOX 1988 . Santa Ana, California 92702 Fax (714l 973-1461 POSTED AUG 09 2000 GARY l. G By E, Clerk-Recorder DEPUTY , \; _ ',. :"_',.", ";-.. ',L~ "'", 'i'l':(,'.~' . . . .. . ImIG~mE Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 00-05 Applicant: City of Santa Ana Project Location I Address: Near intersection of Warner Avenue and Halladay Street Project Title I Description: Propose project involves the improvement and expansion of Delhi Park And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: ~- 0,. Environmental Coordinator Date: ~ ~-2J:::f!:b This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. . I . .. . d. "_ - __. ',',' _'_ "0 .- - - - :._~ - ,--. - --. - - - --. :""~~"O~::'_~'::;:, . . n Page 6,9 25. H. CS 60<' . -.__..-'_. ------ -~ ----- .,..._-.oo'...~.__~_,.... . - ~-..:.......;",.~"""'.=-------:-~::-- .--'''-- . -- -. -. ----- '.. - - ..--:.:=::..-:=.-. p'-- -- e . ~~fA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Delhi Park Community Center II. Project Numbers: ER 00-05 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: Near the intersection of Warner Avenue and Halladay Street VI. Environmental Determination On the basis of this initial evaluation, I find that: A. 0 The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. as [?(" Although the proposed project could have a significant effect on the environment, there will not be a significant ~effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c. 0 The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. D Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. D Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effec previously discussed. A SUBSEQUENT EIR shall be prepared. \ ~--c:r - 200D Date s;gnaturAIf\ ~ Printed Name . 2 &:Hn~check.dOC\1.15.99 Page 70 Page 1 of 1 ~~fA e . Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? D D D ~ B. Damage scenic resources, including but not limited D D D to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character ?( or quality of the site and its surroundings? D D D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? D D D Page 71 2S9:Ff. md\msword\envcheck.doc\ 1.15.99 . ~fA - Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) D D D D D ~ M f{ III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? 2 s:wRv:eck.dOC\1.15.99 Page 72 D D D D o o o o D o D 9( K D o 9{ ~ D D D Page 2 of 10 ~~fA . - Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? md\msword\envcheck.doc\ 1.15.99 Page 73 Potentially Significant Impact D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D Less Than Significant Impact D D D D D D D D No Impact ~ ~ ~ ~ ~ ~ ~ K 2S9:R. e an~fA e Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 2 s:wR:heck.dOC\1.1S.99 Page 74 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o D ~ D D D Less Than Significant Impact o D o )& P< o o o ~ o No Impact ~ D ~ D D ~ o }x( D ~ Page 4 of 10 ~fA e . Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? md\msword\envcheck.doc\ 1.15.99 Page 75 Potentially Significant Impact o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o Less Than Significant Impact o o o )( o o No Impact ~ ~ ~ o ~ )( 25g~RO. . anfA - Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 100-year floodplain structures which would impede or redirect flood flows? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 2S:R:heCk.dOC\1.15.99 Page 76 Potentially Significant Impact D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant Impact p: ~ D D D D D D D No Impact D D 5q ~ ~ w ft( ~ 9k Page 6 of 10 ~~fA e e Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources XI Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? md\msword\envcheck.doc\ 1.15.99 Page 77 Potentially Significant Impact D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D Less Than Significant Impact ~ ~ ~ ~ D D D D No Impact D D D D A ~ ~ Ji 25g~AO. e ~'A e Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) 2 s:wR:check.dOC\1.15.99 A. Page 78 Potentially Significant Impact D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant Impact ~ ~ % D D D D D No Impact D D D ~ ~ !2h ~ ~ f( D Page 8 of 10 ~'A - . Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks )? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? md\msword\envcheck.doc\ 1.15. 99 Page 79 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D ~ D ~ D D D D D Less Than Significant Impact ~ D D D D D ~ ~ ~ }Zf No Impact D ~ D ~ D p( D D D D 25Ji. . ~~fA e Environmental Checklist For CEQA Compliance E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Issues & Supporting Information Sources F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 2 S':Rv:eokdoct11599 Page 80 Potentially Significant Impact D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant Impact ~ ~ D )& D No Impact D D K D ~ Page 10 of 10 - . PROJECT TITLE Delhi Park Community Center EXISTING SETTING The proposed project site consists of the 2.92-acre existing Delhi Park and the 7.5-acre site of the former City Yard facility. The project site is located in the northeastern portion of the City. As shown on Exhibit 1, the project site is generally bounded, by a National Guard Armory to the west, Monroe Elementary School to the southwest, Lady of Guadalupe Church to the southeast and single family residential uses to the north, south and east. Presently, the City's General Plan designates the project site uOpen Space". Presently, Delhi Park is an improved park site with a baseball field, handball courts, basketball courts and play equipment. Project area residents utilize Delhi Park quite extensively and there is need to expand recreational opportunities within the Delhi Park area. The former City Yard site is located immediately west of Delhi Park. The site is currently vacant and void of any structures. However, some debris does remain on the site. An existing fence is located along the perimeter of the City Yard site to prevent the public from entering the site. PROJECT DESCRIPTION The ultimate build out of Delhi Park would integrate the existing City Yard site into the existing Delhi Park site. The proposed park facility would be referred to as the Delhi Park Community Center. The proposed entrances to the Delhi Park Community Center would be from Halladay Street and Central Avenue. A combination of landscape turf and shrubs would be provided along the proposed entrances to soften views of the parking areas. The proposed Delhi Park Community Center would consist of approximately 10.5 -acres of passive and active recreational uses and cultural facilities. At this time, a concept plan for the project has been prepared to establish a development envelope for environmental documentation purposes. The specific location of improvements and facilities would be determined prior to final design of the project. Presently, the concept plan includes a 26,500 square foot recreational/community center building that would provide a variety of multi-purpose activities. Additionally, a new soccer field would be provided Page 81 25.H. e . EXISTING MONAOE SCHOOL . . . . ~. ...~~... -\'" ",--\ '- .. ,-. \. ;', I \,;, , , ... .. - r ,\','" ~ ... ,. - I '\ 11/~/, ',', I,/~/, / - ....._,_/' '.I.... ,'- -_1- ,,,......,\,- ',,,......,, ;' .... r ..... '" \. ;' I .... , - I'" _ ".... I - .... I ... .. t;' ,'" " .... 1"'''1 ... -," , ..... .......... ....- I I'" ..,......,,-- /...., "',--\ ",--\,. , ......... ,,'- ..... ....- - \ \. /" \. "'" '... .. ::: ... ;' _ r ,"" .... ... ....". - I , " /. /,/~I, ': I~ 11/~/' /,'.... _....,/".... _~""'_l_ \. "_ ;' I ,/'..... "'.: ,- \ - I I \ /,. ".... , ,. \ ... I .... _,. \. ... r .... '-..."-,,, ,-...'....-...... /',....,........-,...." ....-,.....,...............-, '-'. -- ;' -- /........ " ,- - \ ......,,, ,- - \ .. " ..... '- ' " .... ,- ,', /,,- ,', ..." '... .. :: .... '" - r '\',...::...." - I '\ " I I I , I ~ I J ~ I EXIST/NG DELHI PAnI( NA TlONAL GUAnD EXISTING CHURGII Legend: o Expanded Park Area D Single Family Residcntial p l A N N N G ^ II 0 B U D N G .~\ , q-- .....' 1" = 1000 FEET EXHIBITJ ^ G N ( Y AREA OF POTENTIAL EFFECT DELHI PARK 25.H. Page 82 e e in the expanded park area. The proposed soccer field would be near Warner Avenue. Surrounding the community center and the soccer field would be open play areas. A new walkway would be provided from Warner Avenue providing access through the park to the proposed community center. The proposed project would increase the amount of open space and recreational opportunities provided in the Delhi Park area. The close proximity of the Monroe School site and the existing Lady of Guadalupe Church would expand the recreational and cultural value of the proposed Delhi Park Community Center. ENVIRONMENTAL IMPACT ANALYSIS The following is an environmental analysis on the proposed Delhi Park Community Center. The environmental analysis is based on the City of Santa Ana's CEQA Environmental Checklist. For each environmental issue the analysis identifies the level of impact that is anticipated to occur. Where needed, mitigation measures have been identified to reduce potential impacts to a level that is considered below significant. I . AESTHETICS (A.B) No Impact The proposed project site is located within an urbanized area of the City. The project site consists of existing park site and a vacant city yard facility. The City's General Plan indicates that no scenic or historic resources are located on the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any onsite scenic or historic resource. (C) No Impact The project site is surrounded by residential uses to the north, the south and the east. The existing park site provides open space relief to residents in the area. The vacant city yard is in a disturbed condition that currently provides little aesthetic value. Presently, a chain link fence is located along the eastern and southern boundaries of the project site. However, existing residential uses in the area and motorist along Warner Avenue are currently impacted by existing views of the disturbed City Yard facility. The proposed project would convert the City Yard site into a park/community center that would function as an extension of the existing Delhi Park. A Page 83 25.H. e . considerable of open space and landscaping would be provided to increase the aesthetic appearance of the site. Along the perimeter of the project site, a combination of landscape turf and shrubs would be planted to provide a transition from urban uses to open space. Implementation of the proposed project would enhance the overall appearance of the project site. No adverse aesthetic impacts would be associated with the proposed project. (D) Less Than Significant Impact Presently, the baseball field area of Delhi Park is provided with lighting. The proposed project would retain the existing lighting. However, no substantial new sources of lighting would be provided. Some additional incidental lighting would be provided along the new parking areas. However, the lighting would be designed and located so that all direct rays are confined to the property and away from adjacent residential uses. Implementation of the proposed project would not result in significant light and glare impacts. II. AGRICULTURE (A.B.C) No Impact Based on the City's General Plan EIR, the proposed project site and the surrounding area are not planned for agricultural uses. Based on a site visit conducted by the City's Environmental Coordinator, the proposed project site is currently not in agricultural production. Implementation of the proposed project would not result in the loss of any prime or unique farmland. III. AIR QUALITY (A) No Impact The proposed project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the air basin. The air quality objectives in the AQMP are based upon population and growth projections provided in a City's General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in a City's General Plan. The proposed project site is identified as open space in the City's General Plan. The 25.H. Page 84 e e proposed project is consistent with the General Plan and therefore, is not in conflict with the population and growth projections established in the AQMP. (B) Less Than Significant Impact The proposed project involves the improvement and expansion of a park site. The project would include a 26,500 sq. ft, recreation/community center and other associated park improvements. A minimum amount of stationary-source air pollutant emissions would be associated with the operation of the proposed project. Implementation of the project would not violate any stationary-source air quality standards. (C) Less Than Significant with Mitigation The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone and particulate matter. Both mobile source emissions and construction operations are primarily sources that generate carbon monoxide, ozone and particulate matter. The former City yard facility generated a considerable amount of traffic and mobile source emissions. Compared to the city yard facility, the proposed project would generate less traffic and lower amounts of mobile source emissions. Implementation of the proposed project would not result in any significant long-term operational air quality impacts, nor would it significantly result in any cumulative net increase of any pollutants that have non-attainment status. Short-term air quality impacts would be generated from clearing and earthwork activities and construction equipment associated with implementation of the proposed project. Construction activities associated with the proposed project could potentially contribute to significant short-term air quality impacts. To reduce potential short-term air quality impacts to a level that is considered less than significant, grading plans for the project shall include the following measures to reduce construction-related emissions to the maximum extent feasible in compliance with SCAQMD Rule 403. Mitigation Measures During clearing and earthwork activities, the contractor shall control fugitive dust emissions by regular watering, or other dust-preventive measures using the following procedures: Page 85 25.H. e e . All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Streets surrounding the project site should be cleaned at the end of each day of construction. . All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. . To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. (D) Less than Significant Impact The proposed project site is within the immediate vicinity of several sensitive receptors. However, it has been determined that the proposed project would not result in significant long- term air quality impacts. Mitigation measures have been incorporated into the proposed project to reduce potential construction-related air quality impacts to a level that is considered less than significant. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. (E) No Impact The proposed project would not generate any short-term construction related or long-term operational odors. 25.H. Page 86 e e IV. BIOLOGICAL RESOURCES (A.B.C.D) No Impact According to the City's General Plan EIR, there are no sensitive biological resources located on the proposed project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. The proposed project would provide additional open space in the City, which could foster the growth and relocation of additional biological resources into the area. V. CULTURAL RESOURCES (A) No Impact There are no structures on the project site that are designated as a Federal, State or local historical resource. Therefore, implementation of the proposed project would not result in significant impacts to any historic resources. (B) No Impact According to the City's General Plan, there are no known archaeological resources located on or within the vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any archaeological resources. (C) No Impact According to the City's General Plan, the proposed project site is not located in an area where paleontological resources are known to exist. Therefore, implementation of the proposed project would not result in adverse impacts to paleontological resources. (D) No Impact Implementation of the proposed project would not affect known human remains because the proposed project site does not contain any known human remains. VI. GEOLOGY/SOILS (A-l) No Impact Page 87 25.H. e e According to the City's General Plan there are no known active earthquake faults or fault zones on the proposed project site. Therefore, the project site does not have the potential for ground rupture. (A-2) Less Than Significant Impact The proposed project site is located within a region known to contain active earthquake faults. Similar to many other areas in Southern California, slight to moderate ground shaking may occur on the project site if an earthquake occurs along one of the faults in the region. To reduce potential impacts associated with seismic activity to a level that is below significant, the proposed project would be designed in accordance with the latest seismic safety standards of the Uniform Building Code. (A-3) Less Than Significant Impact According to the City's General Plan EIR, the proposed project site is located in an area that is characterized with very high liquefaction potential. However, as part of the City's development review process, a geotechnical study would be prepared to identify the needed improvements to reduce the potential for liquefaction impacts to a level that is less than significant. (A-4) No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the project would not result in adverse impacts in regards to landslides. (B) Less Than Significant Impact with Mitigation The proposed project site would involve earthwork activities to construct a new recreation/community center and parking areas. Disturbed soils on the project site could result in erosion impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To reduce potential erosion impacts, the following mitigation measure shall be implemented. 25.H. Page 88 e e Mitigation Measure The project applicant shall prepare a Water Quality Management Plan. The plan shall identify Best Management Practices that would minimize erosion impacts into existing drainage systems. (C) No Impact According to the City's General Plan EIR, the proposed project site does not contain any unique geologic features. Therefore, implementation of the project would not result in adverse impacts to any unique geologic feature. (D) Less Than Significant Impact According the City's General Plan EIR, the proposed project site is located on soils that have moderate shrink/swell potential. As part of the City's development review process a geotechnical study would be prepared to identify the necessary improvements to ensure the long-term goetechnical stability of the project site. (E) No Impact The proposed project involves the improvement and expansion of a park. Portions of the project site are currently improved with sewer systems. The project site would be able to support the expansion of additional sewer facilities for the proposed project. VII. HAZARDOUS/HAZARDOUS MATERIALS (A.B) No Impact The proposed project is the expansion and improvement of an existing park site. The long-term operation of the project would not involve the routine transportation, disposal or emission of hazardous materials or waste. Implementation of the proposed project would not result in a significant hazard to the public or the environment. (C) Less than Significant Impact A portion of the proposed project site was the former location of the city yard. Routine operations associated with the city yard involved the handling and storage of hazardous materials. Page 89 25.H. e e Previously, prepared assessments for the project site have identified high and low levels of contaminated soils and low levels of ground water contamination. According to the previously prepared assessment, contaminated soils above screening levels would be removed, and soils with contaminant concentrations below screening levels would be left in place for biodegradation. Additionally, due to the low ground water contaminant concentrations on the project site, active long-term removal and cleansing of ground water would not required. Contaminated ground water would be removed during soil excavations and would either be treated onsite or transported offsite for proper disposal. At this the remedial action plan for the project has been completed and approved by the State Regional Water Quality Control Board. Implementation of the project would not create a significant hazard to the public or the environment. (D) No Impact According to the EIR for General Plan Land Use Element, the proposed project site is not within an accident potential zone. However, the site is located within the FAA Notification Area. The FAA is required to be notified if new construction or alteration of existing structures is greater than 200 feet and within 3 miles of an airport. The proposed project would be less than thirty feet in height. Therefore, the project would not be in conflict with any FAA safety standards. Implementation of the proposed project would not result in any airport related safety hazards to people residing in or working within the project area. VIII. HYDROLOGY/WATER QUALITY (A) Less Than Significant Impact with Mitigation Implementation of the proposed project could result in discharges that could be in conflict with water quality standards established by the State Regional Water Quality Control Board. Remedial activities for the treatment of contaminated ground water could involve the discharge of treated water into existing drainage facilities. Additionally, construction operations associated with the proposed project could involve dewatering operations and the disposal of effluent into existing drainage systems. Construction operations could also degrade the quality 25.H. Page 90 . . of surface water runoff entering into existing drainage facilities. Poorly maintained trash areas on the project site could also contribute to the degradation of surface water runoff quality. To reduce any potential impacts associated with waste discharge into drainage facilities, the following mitigation measure shall be implemented. Mitigation Measure The project applicant shall obtain coverage under a general storm water permit from State Regional Water Quality control Board for the discharge of storm water associated with construction activity. The project applicant shall provide an individual, comprehensive, long-term post construction storm water management plan, incorporating all needed structural and non- structural best management practices as required by the Orange County Drainage Area Management Plan and its municipal co-permit National Pollution Discharge Elimination System Permit. The applicant shall obtain the necessary permits from the State Regional Water Quality Control Board for the discharge of any treated groundwater into the project area drainage facilities. The project applicant shall prepare a Water Quality Management Plan. The plan shall identify best management practices that would apply to the proposed project. Particular attention shall be directed at the design and management of trash enclosure areas to prevent food, chemicals and contaminants from entering the storm drain systems. (B) No Impact Construction of the proposed project could involve some dewatering operations. However, implementation of the project would not significantly deplete groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. (C.D) Less Than Significant Impact Implementation of the proposed project would not significantly increase the amount of impervious surfaces in the project area. Page 91 25.H. e e As a result, the amount of surface water runoff would not significantly increase. Adequate drainage facilities are located in the area to accommodate increased rates of surface water runoff. (E.F.G) No Impact According to the City's General Plan the project site is not located within a lOa-Year Flood Zone. Additionally, The Federal Insurance Rate Map identifies that project site is in Zone X (Not Within 100 Year Flood Area). Implementation of the proposed project would not place any housing within a lOa-year Flood Zone, nor does the proposed project place a structure within a lOa-Year Flood Zone, which would impede or redirect flood flows. Implementation of the proposed project would not result in significant flood hazards. IX. LAND USE/PLANNING (A.B) No Impact Presently, the City's General Plan and Zoning Ordinance designates the proposed project site open space. The proposed park use is consistent with the General plan and Zoning Ordinance. The proposed project would not physically divide any established community. No adverse land uses impacts would be associated with implementation of the proposed project. (C) No Impact According to the City's General Plan, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES (A) No Impact According to the City's General Plan there are no areas designated as Significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would result in the loss of any regionally or locally important mineral resource. 25.H. Page 92 e e XI. NOISE (A.C) Less Than Significant Impact Implementation of the proposed project would increase existing noise levels along Halladay Street and Central Avenue. However, it is anticipated that increased noise levels would not exceed the City's noise standard. (B.D) Less Than Significant Impact During construction operations, nearby residents could be subject to increased noise impacts. However, the project would only require conventional construction equipment. No significant ground borne noise impacts or ground borne vibration impacts would occur. Additionally, compliance with the City's Noise Ordinance would reduce potential construction related noise impacts to a level that is below significant. (E) No Impact The proposed project site is not located within an airport land use plan. The project site is not significantly impacted with aircraft related noise. XII. POPULATION AND HOUSING (A) No Impact Implementation of the proposed project would not result in increased water usage or induce additional population growth into the area. The project would help increase the amount of available open space for existing residents in the area. (B.C) No Impact The project site is an existing park site and vacant city yard facility. The project site is planned for open space uses. Implementation of the proposed project would not result in the displacement of any people or housing or preclude any plans for the development of future residential uses. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact Page 93 25.H. e e The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. Implementation of the proposed project would increase the need for fire protection services. However, the fire department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has identified a number of conditions of approval to ensure that adequate fire protection services would be provided. Implementation of the proposed project would result in less than significant impacts to fire protection services. Police Protection: Less than Significant Impact The Santa Ana Police Department would provide police protection services for the proposed project. Implementation of the proposed project would increase the need for police protection services. However, the police department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Through the City's development review process, the police department has identified a number of conditions of approval to ensure that adequate police protection services would be provided. Implementation of the proposed project would result in less than significant impacts to police protection services. Schools: No Impact Implementation of the proposed project would not generate a need for new school facilities. Parks: No Impact The proposed project would increase the size of the existing Delhi Park from 2.9 acres to approximately 10 acres. The project would expand the amount of park space for residents in the City. Implementation of the proposed project would not result in adverse impacts to park facilities. XIV. RECREATION (A.B) No Impact The proposed project would expand existing park and recreation facilities within the project area without an increase in project area population. Implementation of the proposed project 25.H. Page 94 e e would not have any adverse impacts on recreational services or facilities. xv. TRANSPORTATION/TRAFFIC (A.B) Less Than Significant Impact The proposed project would be situated within a residential area. Access to the project site would be provided from Halladay Street and Central Avenue. The City's General Plan identifies that roadways and intersections within the project area are operating at adequate level of services. Additionally, under a future built out condition with recommended improvements, the General Plan also identifies that roadways and intersections would operate at adequate levels of service. The current and projected level of service is based on the land uses established in the General Plan. The proposed project would generate less traffic than the former city yard facility. Implementation of the proposed project would not significantly impact current levels of service on project area roadways and intersection. The City's General Plan designates the project site open space. The proposed project would be consistent with the General Plan and the traffic projections for the project area. Implementation of the proposed project would not individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. (C) No Impact The proposed project involves the improvement and expansion of an existing park. Implementation of the proposed project would not result in any changes to air traffic patterns. Implementation of the proposed project would not result in any substantial safety risks related to aircraft traffic. (D) Less Than Significant Impact With Mitigation Construction operations associated the proposed project would result in a short-term increase of construction traffic volumes in the project area. The increased level of construction traffic is not expected to significantly affect the capacity of existing roadways in the project area. However, truck trips during Page 95 25.H. e e construction may result in short term congestion impacts near the entrance of the project site. To reduce potential short-term traffic impacts, the following mitigation measure shall be implemented. Mitigation Measure During construction operations a flag person shall be available, if needed, to direct all vehicles through the construction zone area. (E) No Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has identified conditions of approval to ensure that adequate emergency access is provided. As a result, implementation of the proposed project would not result in significant emergency access impacts. (F) Less Than Significant Impact With Mitigation The proposed project would subject to the parking requirements established in the City's Zoning Ordinance. The final amount of required parking would be based on the final design of the project. To ensure that adequate amounts of parking is provided for the proposed project the following mitigation measure shall be implemented. Mitigation Measure Once the final design of the project has been established, the project applicant shall coordinate with the Building and Planning Agency on the amount of adequate parking that should be provided. Parking strategies shall be identified to reduce potential parking impacts in adjacent residential areas. (G) No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Public transportation facilities would be available to provide access to the project site. 25.H. Page 96 e e XVI. UTILITIES (A.B.E) Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater is provided reclamation Plant 1 in the City of Fountain Valley. Plans are under way to increase the capacity of the reclamation plant. The proposed project would generate a need for additional wastewater facilities. However, the proposed project would not require an increase in wastewater treatment facilities. Nor would the project exceed wastewater treatment requirements of the State Regional Water Quality Control Board. (C) Less Than Significant Impact Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. The project would not require the construction of new drainage facilities that could cause significant impacts to the environment. (D) Less Than Significant Impact The City of Santa Ana would provide water service to the project site. The proposed project would increase the current demands for water service. However, through the City's development review process, the Public Works Department has indicated that the City has the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. (F.G) Less Than Significant Impact Great Western Reclamation would provide solid waste disposal service for the proposed project. The proposed project would increase the demand for solid waste disposal. However, the increased need is expected to not have any significant impacts on existing landfills in the area. Additionally, the City has adopted a Source Reduction and Recycling Element, which would reduce the demands for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVII. MANDATORY FINDINGS OF SIGNIFICANCE Page 97 25.H.