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HomeMy WebLinkAbout FULL PACKET_2008-10-06ORDINANCE NO. NS-2773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2006-87 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO REZONE THE PROPERTY LOCATED AT 520 SOUTH HARBOR BOULEVARD FROM SINGLE FAMILY RESIDENTIAL TO GENERAL COMMERCIAL (ZOA NO. 2008-02) 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 North Harbor Specific Plan (SP-2) was created in June 20, 1994. B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 came before the Planning Commission on August 11, 2008 for a duly noticed public hearing. By a vote of 7:0, the Planning Commission voted to recommend the City Council approve Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 as conditioned. C. The City Council held a duly noticed public hearing on September 2, 2008 and at that time considered all testimony written or oral on Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23. D. Zoning Ordinance Amendment No. 2008-02 has been filed to change the zoning of 520 South Harbor Boulevard which is located within the North Harbor Specific Plan (SP-2) from its current zoning of single family residential and general commercial to general commercial. Section 2. The City Council has reviewed and considered the information contained in the initial study, the mitigated negative declaration, and mitigation monitoring program for Environmental Review No. 2006-87, prepared 11 A-1 with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment which have not been mitigated. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which changes the zoning of 520 South Harbor Boulevard from its current zoning of single family residential and general commercial to general commercial. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 11 A-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-3 11 A-4 :~ ~ '....... ~ ~ w~ .~ r ~} 1 r ~ ,S. i. k;+ 4 .f .~ a fi ct ~ ~' ' 11.•.7 ' '-tom :~ ~ ~~~ 3 1 r~ ; ~ a '_ ' - ~ - ^ ~: ~ ~ ~ - ~ ~ Z_ ~~~~. ; ~ ~ . - r a t -w.; "i .~r- -tl '-~ ~ y ~ _ ~ ti ~ r J y ' ~ `+ 1 R~~1 LTQ - ~ ~~~ - ~ ~i ' ~ ` ~'- CPE,Y SPACE '.`1 t R~l~ h f ((pp..~}{{ ~ f~.~ ~r +~ ,~ F ~ c _ i :: ~ _ ~~ ~ r, ~ ~ ~ _~.. ', ORNERAL - .- .. _, ~~ ~.~ . ' ~ PMFRT:llNhfE SINGLE' ,:~. ., - . , n~,,,1, R .~- _ ~~. y~ ,. .>: ~ 1 ~ 'awry . ~ ~ .:~ i.r~ ~ :, # „ fiENERAL ~ ti J' ::. c:'r COMM1lERCtAD ,~-e:,,:' ~,•~`'~ ~~';• # -~s 1 L f~ ~ ~ y ~ ~t1t. y +. g fa ""` ;;:~r~ ~~~a ~G ;,fey ~'~ M 7 rR'*~1S -! ~. t i ~ 2~~~,~ ~)_ I * y » f., n b S} J i 1 v r; 'A r~. ~ ~ ~ i ~ ~ -rs~~~ s' a Ia.. r ~ e ~~. ~ _ i. ~ ~ <-~s. of -' ~ , ~ ~ ~ ~},} ~~~ ~y. f t t' 1~ W ~, ~ ~ -`. Y ~% ~ i': L.. spa': _ J t„~,-? ..aY • 71c1 9 { ~f ~~ `t ' ~ ~ e~y~ ~S- ~ ~~ .~ ~ 'i ti ~~ 1 ~; , q y J .' Y , X11. ; 1 ~ ~t ~ ~ 4 lac ~! ~~x~~ ~-y. 'r , xi .~~~~ ~y u ,: t ~ t IF M . ~ +']~r t ~ ^1 }'~ f ~+~r~ f r ~7e ~ ~'~ ~~Yr v, L f { ~ ~.y~ t l r ~~ ~ . E~IBIT A NORTH HARBC?R 5PECIFIC PLAi'`j Figure 3.1 North Eiarbar Specific Pian EmphasisI.ones 12 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: APPOINTMENT OF MEMBER TO THE SANTA ANA WORKFORCE INVESTMENT BOARD ~/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint Ms. Maryann Conway, Rehabilitation Supervisor, State Department of Rehabilitation, as a public sector member on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of September 12, 2008, by a vote of 21:0 (Blank, Chen-Lee, Claudio, Didion, Korthuis, Lacroix, Lin, Pina, Ward absent), the Workforce Investment Board recommended that the City Council appoint Ms. Maryann Conway, Rehabilitation Supervisor, State Department of Rehabilitation, as a public sector member on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently there are two public sector vacancies on the Board due to the recent resignations of Mr. Jack Oakes, Executive Director, Career Development/ROP, Santa Ana Unified School District and Wil Ortega, Rehabilitation Supervisor, State Department of Rehabilitation (DOR) Ms. Conway will be replacing Mr. Ortega as the DOR representative. Ms. Conway's resume, nomination letter and membership profile are attached (Exhibit 1). 13B-1 Appointment of Member to the Santa Ana V~TIB October 6, 2008 Page 2 There are currently four private sector vacancies on the WIB. Staff will continue to work to fill the remaining vacancies on the Board. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nelso Deputy City Manager for Development Services Community Development Agency CJN/FJ/kcg H:\ACTION ITEMS\COUNCIL\2008CC\100608 ApptMember - Conway.doc 13B-2 lIAAiRYANN E. CONWAY 33 Alicante Street Aliso Viejo, CA 92656 949.831.3190 mconwayCcc~dor. ca. qov EXPERIENCE: 1995 -PRESENT DEPARTMENT OF REHABILITATION, Anaheim, CA Rehabilitation Supervisor. Monitor the implementation of services to individuals with disabilities by eight unit counselors. Help maintain service agreements with local vendors. Coordinate unit and office staff meetings as well as arrange for ASL interpreters. Attend bi-monthly management meetings. Conduct community outreach activities. Serve on committees as appointed. Contract Administrator. Monitor 13 district-wide (Orange/San Gabriel) contracts and review contractual monthly invoices to assure compliance. Conduct quarterly meetings to measure progress in meeting specific contractual goals and report findings to District Administrator. Senior Vocational Rehabilitation Counselor. Assist with training new unit members. Research and provide data for special projects, committees, and meetings. Make presentations in the community. Coordinate services for High School students, regional center eligible. Oversee On- The-Job (OJT) Contract with Marriott, Santa Ana, CA. Vocational Rehabilitation Counselor. Coordinate services for high school students. Assist with departmental assessment of individuals with disabilities for eligibility purposes. Coordinate centralized intake unit for district office. 1993 - 1994 ARC-LONG BEACH, Long Beach, CA. Cognitive Development Instructor. Plan and implement individual and group activities; monitor behaviors; determine functional capacities in relationship to work skills, socialization for VRNVAP program. 1985 -1992 GOODWILL INDUSTRIES OF ORANGE COUNTY, Santa Ana, CA. Rehabilitation Counselor. Develop program plans and monitor the services and progress of individuals with disabilities. Review progress and make recommendations to referring agency representatives. Exhibit 1 13B-3 MARYANN E. CONWAY 1984 -1985 CALIFORNIA ELWYN INSTITUTE, Fountain Valley, CA. Case Manager. Responsible for 60-80 Habitation trainees in developing skills related to assembly line tasks. 1982 - 1984 ORANGE COUNTY A. R. C., Orange, CA. Floor Supervisor. Train 16 individuals to perform clean room assembly tasks. Recreation Coordinator. Coordinate daily, weekly, and annual events for Habilitation and Day Training Activity Center sites. EDUCATION: 2007 S.D.S.U., San Diego, CA Certificate -Rehabilitation Administration 1999 S.D.S.U., San Diego, CA MS -Rehabilitation Counseling 1974 C.S.U. L. B., Long Beach, CA BA -Physical Education 1973 Golden West, Huntington Beach, CA AA -Physical Education COMMITTEES: 2008 Self Employment State & District 2008 Customized Employment 2008 Asian Task Force 2005 - 2007 O.C. Governor's Committee on Employment of Individuals with Disabilities 2004 -Present District Innovative Practices 2004 - 2006 District Employment Committee 2001 RSA-911 /FCS Work Group 2000 - 2005 K.E.Y.S Workshop 2000 Careers 2000 Job Fair 1999 Job Placement Committee 1998 Goodwill Industries Advisory Committee 1998 Establishment Grant Review Team 1997 -- 1999 District Training Committee 1997 -- Present TPP Core Committee 1997 Interrater SOD Study 1995 -- 1997 District SOD Committee 13B-4 L~E:PAR'~'IE~3T a ,.E~ABILI'I"~TIQ1'~I ~~ E»rp#r~}~r,~~r1t, Inr~c~~~nra'crrc•r ~~qr«1'i~y ~c'~~t~ ~lCtc'1 Ytt(~C~4~~~~ ~~1~/~'~tl~l~~1~ ~~?r'3'+ Attention: Fray Jutzi ~B~S~y{11V.y+a~' ~;t.~~+sy~r~t]a~j~}v~, ~~te Q ~e'GA3 IY41 ~{,,.i 4JtJ. ,~ir~r~;Icl ~~;I,~+crr ~;~«.~,~~w`, {"irr~~rrrr~~r ~~t ~,< ~. ~.~ ~~ ~tti r€ ( t~ii a~rii t ~ l ~3t}i acid } iu€~n:3 ~ ti~~riGc ~ .~.,'crttc~~. ~2~ ~ Harhar Btvd., #3t~U t~nah~irrt, (: 3lifcrnia ~2£i(}5 AUgUalt 1 ~p +G.~~~ We ha~re recently hod a change of s~upervivrs tv our Santa Ana branch office of the department of Rehabilitat[on. As of ~ NQUernber ~, 2i~Q8, l~laryann ~cn~nray will be the new Rehablitatit~n Su~ervisc~r. Therefore, as 1 have ~nforr~ed Ms. Jutzi, ! am now putting Ms. Can ray's name fi~rvtirard tc~ replace dlr. Ortega on the Santa Ana t/V`or~ft~rce Investment Beard. Ertclased ~ IVIs. Cc~nwa~y's r~surr~e and a letter ~~ resignation from Mr. Ortega, Sincerely, ~U(1~ Kl3ehn L7istrict administrator Department i~f Fdehabiiitatian 13B-5 O E~ W w W W ~ O , 3 ~ U ~ ~ ~ t. O '~ ~ "" `~ ~ ~, o °' ~ ~ ~ Q y.. O ~_ °' ~ ~ ~ o ~~ ~ ~ ~ ~ ~ ~ ~ .~ a O W 0 0 C~ ~ ~ U .~ ~ W ~ O w ~~ °~ U ¢, z U ~ 0 \ ~ ~ S~" ~ ~ ~ ~ a~ d ~, - Z U F-+ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ O, U o ~ ~ ~ W ~ ~ W ~ o ~ ~, cV~ ~ ~_ ~ V1 ~ ~ ~ ~ y ~ o ~ ~ ~ ~ ,~ ~ ob b~ ~ ~ ~ ~ cad ~ ~ ~ p ~ ,~ ~ ~ ~. a Q r-+ ,~ cd ~ ~" 0 ,s; 3 O ~"' ~ o v ~= °~. ~~ ~+~~-+ b ~ ~ ~ ~ ~ y 3 ,.k 0 3 O ~ .~ 3 .~ ~ u, Q.' ° ~ ~ ~ ~ ? 4. N ~ O ~ x ~ ~ ~ ~ ~ .--i d ~ ti d ~ U ~ ~ d z ,~ ~ z ° ~ ~ °' ~> ~ ~~ .~ o ~ o v ~ ~ ~ ~ ~ ~ o .~ ~ ~ . ~ w o '~ ~ ~ y .o ~ d U ~ .~ O ~~ ~ U 3 N . j ~ U 0 •~ ~ ~ `ti ~ ~ ~O ~ ~ ~ ~ `ti ~ 3 ~ j ~ y U ~° O ~ ~ .. z --+ ~ ~ ~ U ~ ~+ a~ ~ ~ ~ ~ ty! ~ ~ N fy! ~ o U J •~ ~ W ~ ~ ~ ~-+ ~ ~ Q ~ ~ O U U N O M O O N .~ N 0 U m a~ N a~ E X .~ 13B-6 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting July 22, 2008 ~ CALL TO ORDER The meeting was convened at 5:40 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides and Sal Tinajero Staff present: Assistant City Attorney Paula Coleman, Fire Chief Marc Martin, Police Chief Paul Walters, Jail Administrator Russ Davis, Police Commanders Bill Nimmo and Larry Coleman, Asst. to the City Manager Mark Lawrence, Corporal Jose Gonzalez, and Recording Secretary Janet Chop. Public present: John Kelly, Rene Guzman, Rick Niedermayer, Roy and Julie Melcher, Laura Morfin, Beatrice Calderon, and Esther Trujillo. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the May 27, 2008 meeting. 2. .FIREWORKS AFTER ACTION REPORT Chief Martin reported that there was no loss to property attributed to fireworks. Commander Coleman stated that the primary goal of the Illegal Fireworks Suppression Team was to facilitate a safe July 4th holiday for the community by limiting the amount of illegal fireworks being used throughout the City. He reviewed the police and fire response to illegal fireworks, detailing the illegal fireworks confiscated, arrests made, and costs of deployment. For the 4-day period, the Santa Ana Dispatch Center received 328 calls for service as compared to 370 calls for service received in 2007. Corporal Gonzalez reviewed the "Awareness, Education, and Enforcement" message. Thousands of posters, fliers, and activity sheets were distributed at school assemblies and neighborhood association meetings to convey the message. Media coverage was also as widespread as in 2007. Commander Nimmo reviewed police strategy in the "Little Texas" area for keeping fireworks out of the Fountain Valley Water District. Committee members were in support of a community fireworks show. Committee member Alvarez complimented City Departments for their timely response to the Grand Jury report. 13C-1 2 3. EARLY RELEASE OF PRISONERS FROM OCSD Administrator Davis reviewed the OC Sheriff's Department's intent to be proactive in terms of inmate population control and ensure they have a workable plan to deal with spikes in inmate population that usually occur on weekends and especially holiday weekends. He reviewed the strict parameters with which the Sheriff can accelerate the release of inmates. 4. PUBLIC COMMENTS Several residents present spoke regarding fireworks issues, such as noise, police response, smoke, and danger of aerial fireworks. Others spoke about the benefit of fireworks sales for the youth in the city. 5. COMMITTEE MEMBER COMMENTS Committee Member` Benavides requested that a hotline be established for citizens to call and also that dispatchers be made aware of booth time limits. He also would like the EPIC Commission calendar to be a direct link to the Public Safety Committee. Committee Member Tinajero thanked the residents for attending and spoke about the time frames for booths to sell fireworks. 6. ITEMS FOR NEXT MEETING ,A. EPIC Commission 2007 Annual Report Recommendations B. Other Agency Release of Prisoners 7. NEXT MEETING DATE: Tuesday, Au~qust 26, 2008, 5:30 p.m., Santa Ana Police Facility, 60 Civic Center Plaza, 4t floor conference room, Santa Ana, California. ADJOURNMENT: 6:50 p.m. W PAUL M. WALTERS Chief of Police ~c 13C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2008 TITLE: BOARDS AND COMMISSIONS ATTENDANCE REPORT - APRIL, 2008 THROUGH SEPTEMBER, 2008 APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TQ FILE NUMBER Receive and File Boards and Commissions Biannual Attendance Report for the period April, 2008 - September, 2008. D2SCUSS2~N 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 report for the period April, 2008 - September, 2008 revealed that one member of the Workforce Investment Board exceeded the number of allowable unexcused absences; this member has subsequently resigned her position on the Board. At this time, the only action required by the Council is to receive and file this report. FISCAL IMPACT There is no fiscal impact sociated with this action. ' ~ Patricia E. Healy, C rk of h Council 13D-1 J_ U Z 0 } ~_ ~ U O0 0 0 Z O L Q ~a~ Z *' Qom NWy ~V I OZoO ADO U W L ~- a Qa J a Z _Q m 0 .N N .~ E O U .y 0 c C E O U W Q Z Z O y y O U 'c Q O 00 N ~ CD O e-Z~ i i i i i i W ~ '' m ~ ~ C N Z~ i i i i i i ~`tt~ ~:~? 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U 00 Z O L Q ~ iL ~a~ Qom NWN ~Z~ O HON V W 'L ~- a QQ J Q Z _Q m O . ,-, .~ 0 yO r W Q z z O N ~ ~ ~ ~ C U ~ ~ ~ U L W ~ ~ m w m ~ EW„ ,c a~ X X a~ d G H d F R fn p ° ' C7 c `- ~- X X _ ~ d Q d N w J ~ ~ c ~ X X ~y m m N d R wo ~ c ~ X ' ~~ d a °: c~ Q rn ~ >( ~ ~ r d d N m J ~ _o a c N X Q ~ ~ N ~ ~ w ~, Q a ~' ' ~ z ~ D ~ ~ W N m L a ~ ~ a~ N .Q Q 'a d N 3 V u d v c m Q m N x w ~~ w d a X a~ s a c N a~ s H L_ T G ~.! y ~ ~ ~L ~~ ~ c c ~ ~ ~ ~ ~ _ ~ ~ ~ ~ .N 0 ~ i .y 'V Y .~ N ~ o Q ~ v co ~ ~ ~, C ~ ~ .N ~ ~ ~ .v ca 'o ~ v M f/1 N ~ ~` O Q .N N O ~~ N ~ U ai c S C C 'v Y ~ W (; Z ~ ~ Q Z Cg } G SQ Q O S 13D-21 0 O r d .a O ~~ \9 .~ L i L ~ ",.--:.~ .,~ ~ ~ ~''` , ~ T i ~ 1 ~ ~ L ~ ~ _ o Q ~ J M Q Cam. ~ cv ,~ N i a~ a y L c 0 .y .y L N C N O N 13D-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER ~t rt_____-- CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between April 1 and June 30, 2008 valued at $25,000 and less. DISCUSSION On November 7, 2006 the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for information purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements and change notices entered into between April 1 and June 30, 2008 valued between the amounts of $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods and services valued under $500 through either a purchase order or an agreement. Purchase orders, change notices and service agreements valued at greater than $25,000 require approval by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. 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N ~ O 19B-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS f, ~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: September 18, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence October 1, 2006 and prior Correspondence/ October 1, 2006 and prior Chronological Files Councilmember Self-explanatory Council Requests Mayor Inquiries processed for Mayor October 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers October 1, 2006 and prior Correspondence General Correspondence Self-explanatory October 1. 2006 and prior Staff Inquiries processed for Staff October 1. 2006 and prior Monthly Status City Manager Self-explanatory October 1, Reports 2006 and prior Payroll Records Council/Staff Self-explanatory October 1, 2006 and prior APPROV David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: ~~ ~ ~ ~ ~/off' ~~Joseph W. FI ~ er Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-3 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2008 BYRNE DISCRETIONARY GRANT FOR INTERNET SAFETY FOR KIDS PROGRAM ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing FY 2008 Byrne Discretionary Grant funds in the amount of $89,435 in revenue account (no. 127-01-5363), and appropriate same in the FY 2008 Byrne Discretionary Grant expenditure account (no. 127-360-various). 2. Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Web Wise Kids, to operate an Internet Safety for Kids Program in an amount not to exceed $89,435, subject to non- substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Department of Justice, Office of Justice Programs, supported under the FY08 Byrne Discretionary Grants (BJA), has awarded the Santa Ana Police Department $89,435, for the Internet Safety for Kids Program. The BJA program helps local communities improve the capacity of local justice systems and provides for national support efforts. This project is authorized and funded through a line item in the FY 08 Congressional Budget. Funds should be used for purposes recommended by Congress. The City of Santa Ana, through the Santa Ana Police Department, has enlisted the assistance of Web Wise Kids (WWK) to implement the MISSING Internet Protection Program. MISSING is a stimulation program, in the form of a game, that teaches children how to recognize and repel Internet predators in a safe and practical manner. The purpose of this program is to educate youths in 50 schools in the city, to make wise choices when using the Internet, thereby reducing their risk of being victimized online. Upon completion of the MISSING game, students will be able to apply what they have learned from the game to protect themselves from the real world dangers of Internet predators. Students will design an Internet safety plan for their personal use and share this with family members, initiating dialogue on this critical issue. ~ 0 w ~~ FY 2008 Byrne Discretionary Grant October 6, 2008 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will enhance the FY08 BJA Internet Safety for Kids Program account (no. 127-01-5363) and in the FY08 BJA Internet Safety for Kids Program expenditure accounts (nos. 127-360- various) by $89,435. APPROVED AS TO FUNDS AND ACCOUNTS: ~;~~~ Paul M. Walters Chief of Police Police Department ll~rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency 20A-2 Department of Justice ~ GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY • ~~ Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF 1 2008-DD-BX-0178 This project is supported under FY08(BJA -Byme Discretionary Grants) P.L. 110-161 I 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Stefanie Harris William Nimmo (202) 305-8069 Commander 60 Civic Center Plaza Santa Ana, CA 92701-4060 (714)245-8721 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) Congressionally Mandated Award I 4. TITLE OF PROJECT Santa Ana Police Department Internet Safety for Kids Program i 5. NAME 8c ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE i t ~ City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701-4060 i ' ~ 7. PROGRAM PERIOD ~ 8. BUDGET PERIOD i FROM: 07/01/2008 TO: 12!31/2009 ~ FROM: 07/01/2008 TO: 12/31/2009 ____ 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 89,435 08/04/2008 1 E ' SECOND YEAR'S BUDGET AMOUNT 12 SI COND YEAR S BUDGET .. t 3. TH[RD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT L - I5. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) ~ The Edward Byme Memorial Discretionary Grants Program (Byme Discretionary Program) helps local communities improve [he capacity of local justice systems and provides for national support efforts. This project is authorized and funded through a line item in the FY 08 Congressional Budget. Funds should be used for purposes recommended by Congress. The City of Santa Ana, through the Santa Ana Police Department, has enlisted the assistance of Web Wise Kids (W WK) to implement the MISSING Intemet Protection Program. OJP FORM 4000/2 (REV. 4-88) 20A-3 MISSING is a simulation program, in the form of a game, that teaches children how to recognize and repel Internet predators in a safe and practical manner. The purpose of this program is to educate youths in 50 schools in Santa Ana, California, to make wise choices when using the Intemet, thereby reducing their risk of being victimized online. Upon completion of the MISSING game, students will be able to apply what they have teamed from the game to protect themselves from the real world dangers of Intemet predators. Students will design an Intemet safety plan for their personal use and share this with family members, initiating dialogue on this critical issue. NCA/NCF 20A-4 Department of Justice Office of Justice Programs i t f J ti A ~~_~ = B PAGE I OF 2 s an ureau o us ce ss .~ , ce Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2008-DD-BX-0178 City of Santa Ana 60 Civic Center Plaza 5. PROJECT PERIOD: FROM 07/01/2008 TO 1213 ]/2009 Santa Ana, CA 92701-4060 BUDGET PERIOD: FROM 07/01/2008 TO 12/31/2009 6. AWARD DATE 08/04/2008 7. ACTION lA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial 956000785 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 89,435 Santa Ana Police Department Internet Safety for Kids Program __-__ - -.____ --._-. I I. TOTAL AWARD $ 89,435 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 4 13. STATUTORY AUTHORITY FOR GRANT ~ This project is supported under FY08(BJA -Byrne Discretionary Grants) P.L. t 10-161 ~i I5. METHOD OF PAYMENT ~ PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL ~ Jeffrey L. Sedgwick ~ Paul Walters ~ Chief of Police Acting Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL l9. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE 1 - - -- -- -------- i - ---- -- ----- --- ------ ~" 25 -6 ~} AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. HDIUGT0003 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 89435 it i OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 20A-5 Department of Justice Office of Justice Programs - ~ Office of the Chief Financial Officer Washington, D.C. 20531 August 4, 2008 Chief Paul Walters City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701 - 4060 Reference Grant Number: 2008-DD-BX-0178 Dear Chief Walters: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $53,910 Fringe Benefits $7,089 Travel $40 Equipment $2,175 Supplies $300 Construction $0 Contractual $921 Other $25,000 Total Direct Cost $89,435 Indirect Cost $0 Total Project Cost $89,435 Federal Funds Approved: $89,435 Non-Federal Share: $0 Program Income: $0 A match is not required for this program. If you have questions regarding this award, please contact: - Program Questions, Stefanie Harris, Program Manager at (202) 305-8069 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, 20A-6 Department of Justice r~ Office of Justice Programs _: Bureau of Justice Assistance Washrnglon, D. C. 2053! Memorandum To: Official Grant File From: Maria A. Berry, Environmental Coordinator Subject: Categorical Exclusion for City of Santa Ana Awards under this program will be used to develop national demonstration, training, and technical assistance programs. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: 1) New construction. 2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. 20A-7 a' Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 20A-8 Department of Justice - s~ Office of Justice Programs Office for Civil Rights Washington, D. C. 2053! August 4, 2008 Chief Paul Walters City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701-4060 Dear Chief Walters: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http:/lwww.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding offaith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. 20A-9 ~" State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.1(f) and 38.2(f). Consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the ESOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the ESOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt From the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. 20A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT RENEWAL FOR PAINT AND SUPPLIES (SPEC. NO. 06-125) d -C.~-== ®~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vista Paint Corporation for paint and supplies for a one-year period in an annual amount not to exceed $85,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides an assortment of interior and exterior paints and supplies such as brushes, rollers, and masking tape to departments throughout the City. The Public Works Agency (PWA) and Parks, Recreation and Community Services (PRCSA) utilize the majority of the paint and supplies purchased. The PWA requires industrial and traffic paints for graffiti abatement, fire hydrants, curbs, crosswalks, and lane markings; the PRCSA requires supplies to maintain various recreation centers and park restrooms. The contract for paint and supplies is designed to provide quality products at significant savings based on quantity pricing. On October 2, 2006, the City Council awarded a contract to Vista Paint Corporation for a one-year period with provision for four, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a four percent increase due to the rising costs of raw materials. Staff verified that the new pricing is consistent with the market and the vendor continues to offer competitive prices. The vendor has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 22A-1 Contract Renewal For Paint And Supplies October 6, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency FG/WO/06-125.R2.2: 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT RENEWAL FOR CHEMICALS - SOIL, PLANT, AND WATER TREATMENT (SPEC. NO. 07-069) ~f / ~°-------- CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contracts for chemicals for a one-year period in the annual amounts as follows: Vendor: Location: Amount: Western Farm Service Santa Ana $70,000 Waterline Technologies, Inc. Santa Ana $50,000 DISCUSSION The Parks, Recreation and Community Services Agency require herbicides, pesticides and fertilizers to control and eradicate weeds and insects and to sustain abundant plant growth in the City's parks. Chemicals such as hydrochloric acid and sodium hypochlorite are required to disinfect public swimming pools, water fountains, sewer system, and water wells throughout the City. The chemicals are purchased through the Central Stores warehouse for distribution to the agencies. The contracts for chemicals are designed to provide quality products at significant savings based on quantity pricing. On September 4, 2007, the City Council awarded contracts to Western Farm Service and Waterline Technologies, Inc., both Santa Ana vendors, for a one-year period with provision for three, one-year renewals. The vendors have agreed to renew the contract; however, due to increases from the chemical manufacturers, Western Farm Service has requested a nine percent increase and Waterline Technologies, Inc. has requested a twenty eight percent increase. Staff verified that the new pricing is consistent with the market and the vendors continue to offer competitive prices. The vendors have performed satisfactorily during the past contract period and staff recommends the first renewal of the contract. 22B-1 Contract Renewal for Chemicals October 6, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). Francisco Gutierrez ~xecutive Director Finance and Management Services Agency FG/WO/07-069R1.2: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT RENEWAL FOR WATERWORKS FITTINGS AND SUPPLIES (SPEC. NO. 07-071) ~f CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Ferguson Waterworks for the purchase of waterworks fittings and supplies for a one-year period in an annual amount not to exceed $45,000. DISCUSSION Last year, the Public Works Agency (PWA) Water Division delivered 43,000 acre-feet of water to businesses and residents in Santa Ana. To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repairs on this extensive system, PWA requires an assortment of materials such as valves, adapters, couplings, and clamps. The materials are purchased through the Central Stores warehouse for distribution. The contract for waterworks fittings and supplies is designed to provide quality products at a significant savings based on quantity pricing. On September 17, 2007, the City Council awarded a contract to Ferguson Waterworks, a Santa Ana vendor, for a one-year period with provision for three, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a 17 percent increase due to the rising costs of raw materials. Staff verified that the new pricing is consistent with the market and the vendor continues to offer competitive pricing. Staff recommends the first renewal of the contract. 22C-1 Contract Renewal for Waterworks Fittings and Supplies October 6, 2008 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (nos. 64-575-6391 and 64-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~~, James ~G'.`~o s Executive D rector Public Works Agency JGR/WO/07-071.R.9: -~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT AWARD FOR CLEAN AIR SEPARATOR SYSTEM (SPEC. NO. 08-049) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Fleming Environmental, Inc. for the installation of four clean air separator systems in an amount not to exceed $187,019. DISCUSSION The City of Santa Ana dispenses gasoline for use in City vehicles. The fuel is stored in tanks located at the Corporate Yard, the Police Administration Facility, and Fire Stations no. 1, 4, 5 and 6. Since 2001, the California Air Resources Board (GARB) has adopted a number of significant enhancements to gasoline dispensing facilities' vapor recovery systems. Phase I of Rule 461 addressed the transfer of gasoline into fuel storage tanks, and required compliance by April 1, 2005. Phase II, addressing the storage and dispensing of gasoline, requires vapor recovery systems to control emissions. Compliance is required by April 1, 2009. The system collects gasoline vapors that would otherwise escape into the air during vehicle refueling. The fuel tank located at Fire Station #6 is used for dispensing diesel fuel and the tank at Fire Station #1 is scheduled to be converted to diesel and therefore, both are not subject to this statute. The contract will provide for the installation of vapor recovery systems on the storage tanks at the remaining two fire stations, (#4 and #5) the Corporate Yard and the Police Administration building, prior to the April 1, 2009 deadline. The notice inviting bids was advertised on August 27, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 22D-1 Contract Award Air Separator October 6, 2008 Page 2 Bids were received and opened on September 15, 2008, and the results are as follows: Vendor: Fleming Environmental, Inc. JEM Industries, Inc. Location: Cost: Buena Park $178,113 Tustin $179,160 The bid received from Fleming Environmental, 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 Building Maintenance Contractual Services account (no. 73-105-6291). s~~+ Francisco Gutierrez Executive Director Finance and Management Services Agency BP 22D-2 Building and Other REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT AWARD FOR TACTICAL LIGHTS (SPEC. 08-057) ~~ C TY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Reject the bid from San Diego nonresponsive to the specification. Police Equipment Co., Inc. as 2. Award a contract to Botach Tactical for tactical lights in an amount not to exceed 40,945; and an additional $15,000 for an annual blanket contract for miscellaneous supplies. DISCUSSION The Santa Ana Police Department responds to tactical situations where officers require lighting. In order to provide hands-free illumination, all firearms are issued with a mounted tactical light. The current lights are approximately four years old. The recommended action makes available replacement lights for current firearms, as well as to outfit new firearms as they are issued. These newer lights provide advancements in technology, including increased lumens, a strobe light feature, and ambidextrous control. The notice inviting bids was advertised August 25, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 12 Invitations for Bid mailed 11 Bids received Bids were received and opened September 10, 2008 (Exhibit 1). The bid received from Botach Tactical is responsive to the specification and meets the City's requirements. 22E-1 Contract Award for Tactical Lights October 6, 2008 Page 2 Botach Tactical provides for the purchase of miscellaneous firearm supplies for the Santa Ana Police Department. The purchase of tactical lights, when combined with anticipated purchases during the current fiscal year, exceed the $25,000 aggregate limit. In order to facilitate future purchases of miscellaneous supplies, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the Police Property and Facilities account (no. 11- 343-6391) . APPROVED AS TO FUNDS AND ACCOUNTS: t ~ Paul M. Walters Chief of Police PMW/FG/08-057:sp Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E-2 CITY OF SANTA ANA PURCHASING DIVISION ABSTRACT OF BIDS INSIGHT WEAPON LIGHTS (SPEC. N0.08.057) Bidder Adamson Police Botach Tactical Chief Supply Location Los Alamitos, CA Los Angeles, CA Eugene, OR Terms 1 % 30, Net 35 Net 30 Net 30 Delivery 30 days 15-20 days 30-60 days Total $41,975.09 $40,945.00 $51,284.69 Bidder GT Distibutors LC Action Police MEI Research Corp Location Austin, TX San Jose, CA Temecula, CA Terms Net 30 Net 30 Net 30 Delivery 30-45 days ARO 30 days 45-60 days Total $42,449.19 $41,488.06 $43,056.90 Bidder Night Optics USA One Shot Inc. QuaterMaster Location Huntington Bch, CA Newton, OH Santa Ana, CA Terms Net 30 Net 30 Net 30 Delivery 35 days 20-30 days Total $41,483.75 $44,880.03 $47,078.13 Exhibit 1 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT AWARD FOR HEATING, VENTILATION, AND AIR- CONDITIONING UNITS (BID SPEC. 08-058) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Kaiser Sales Corporation for the purchase of two heating, ventilation, and air-conditioning units in an amount not to exceed $54,844.75. DISCUSSION On November 5, 2007, the City Council accepted an $11.07 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Santa Ana Police Department would be front-line responders in any terrorist-related incident within the Santa Ana urban area. On July 7, 2008, the City Council awarded contracts for the purchase of video surveillance equipment to upgrade to a technologically advanced perimeter security camera system. The existing computer and radio service room will be expanded to house the security camera system upgrade and requires two new heating, ventilation, and air-conditioning (HVAC) units to support the expansion. 22F-1 Contract Award HVAC Units (Spec. No. 08-055) September 2, 2008 Page 2 The HVAC units are engineered to support data communication operations and have been specifically configured to support the Police Department's security camera system upgrade. The units are cost effective, low maintenance, and manufactured locally, facilitating access to factory service if necessary. Kaiser Sales is the designated manufacturer's representative for the Southern California area. In order to enhance protection and mitigation capabilities of the Santa Ana Police Department building in the event of an act of terrorism, staff recommends Council approval of the recommended action. The notice inviting bids was posted on August 22, 2008, and bids were solicited. A summary of the bid invitations and bid received is as follows: 4 Invitations For Bid mailed 1 Bid received Bid was received and opened on August 25, 2008. The bid received from Kaiser Sales Corporation is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Office of Emergency Services, Urban Areas Security Initiative 2007 Police Grant account (no. 125-337-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police PMW/TO/08-058.7: ~ u ~~~-~~ t~,,~rancisco Gutierrez ~ B"__ Executive Director Finance & Mgmt. Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Lehman Construction, Inc., the lowest responsible bidder, in accordance with lump sum base bid price plus eleven alternates in the estimated amount of $2,346,186 for construction of the Jerome Center Renovation project. 2. Approve a Funding Analysis with a total estimated construction cost of $3,167,300. DISCUSSION This project will provide for the renovation of the existing recreation center at Jerome Park (Exhibit 1). Improvements at the Center include re-roofing, upgrading of air-conditioning, electrical system, and restroom; along with installation of basketball equipment, flooring, and windows. Additionally, a playground is to be installed adjacent to the Center. The Turning Kids On boxing program that is conducted at the Jerome Center is to be relocated to the Carr Intermediate School warehouse during the construction of the project. Once completed, the project will enhance recreational opportunities for children in the adjacent neighborhoods. The Notice Inviting Bids was advertised on August 11 and 13, 2008, and bids were opened on September 18, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 10 Contractors requesting bidding documents: 23 Bids received: 14 Bids received from Santa Ana Contractors: 0 TITLE: CONTRACT AWARD FOR JEROME CENTER RENOVATION (PROJECT NOS. 06-6408 AND 08-7607) 23A-1 Jerome Center Renovation October 6, 2008 Page 2 NAME OF BIDDER CITY BASE BID BASE BID AMOUNT PLUS ALTERNATES 1. Lehman Construction, Inc. Tustin $1,620,587 $2,346,186 2. States Link Construction Huntington $1,700,000 $2,325,818 Beach 3. Construction 1 One Corp. Tustin $1,746,760 $2,403,881 4. Plyco Corporation Mira Loma $1,849,000 $2,580,300 5. CEACCO Los Alamitos $1,892,667 $2,346,732 6. JRH Construction Company Tustin $1,898,667 $2,761,192 7. Morrissey Construction Oceanside $1,908,181 $2,456,749 8. C.A. Granger Construction Co. Orange $1,968,591 $2,530,143 9. Moment Construction Company, Los Angeles $2,300,000 $2,899,050 Inc. l0.PCN3, Inc. Long Beach $2,382,455 $2,950,000 11.Toby B. Hayward, Inc. Monrovia $2,396,385 $3,098,510 12.CTP Construction Anaheim $2,460,000 $3,059,560 13.Minako America Corporation Gardena $2,777,000 $3,477,000 A total of fourteen bids were received and all but one were responsive . EMAE International Corporation did not comply with the bidding documents by failing to list various subcontractors, thereby making the bid non- responsive. Lehman Construction Inc. submitted the lowest base bid in the amount of $1,620,587. After adding on eleven alternates, Lehman's total bid of $2,346,186 is no longer the lowest; however, the bidding documents require that the lowest responsible bidder be selected based on the low base bid. Therefore it is recommended that the City award the contract to Lehman. ENVIRONMENTAL IMPACT Environmental Review No. ER 2008-163 has been completed and a categorical Exemption will be filed for the Project pursuant to the California Environmental Quality Act. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IPACT The Funding Analysis shows a total estimated construction cost of $3,167,300 (Exhibit 2). Funds are available in the Capital Outlay Fund 23A-2 Jerome Center Renovation October 6, 2008 Page 3 (account no. 051-250-6631), the Recreation Grants Fund(account no. 169- 270-6631) and the Community Development Block Grant Fund (account no. 135-149-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~~2%Z~(i ~~ ` James G. R ss Francisco Guti rrez ~~ Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency Gerardo Mouet Executive Direc or Parks & Recreation Services Agency // ~ ~1 Cindy J. NeYson Deputy City Manager for Development Services Community Development Agency K:\Construction\RFCA-draft\10-06-08 AWARD 06-6408 160 WD 23A-3 ~~__~_____ __J Z N O ° l ~! I ~ _a I I W OI ( ~ z ~_ .w U !.__._ _ MARK ST -~-,r.~. -__--_ ~- V L~ 3 z u. a O c~ i JEROME PARK COMMUNITY CENTEF, ~ - I I WILLITS ST N I ~-------1 } ~{ ~~ W N~ N~ J ~ p O J N OI z I3~ izi N fo !°~ I MARK ST ~ L i I I ~ ~` _~- 1 ~_____~ i JEROME PARK - MC FADC I ~_ ^ .~ ; - ,i i JEROME CENTER RENOVATION EXHIBIT 1 CITY COUNCIL Title r ; ;;,; ,°, AcEN~A CONTRACT AWARD FOR JEROME r ~" ~' CENTER RENOVATION DATE: °~''` W°~"~ "~"~" OCT. 6, 2008 (PROJECT NOS. 06-6408 AND 08-7607) O z w N z 3 0 ~~ 1 'I i it I~ ~~__J ~_ WILLITS ST FUNDING ANALYSIS PROJECT NO. 06-6408 JEROME CENTER RENOVATION Construction Contract $2,346,186 Contract Administration 141,877 Inspection and Testing 210,000 Contingencies 469,237 TOTAL ESTIMATED CONSTRUCTION COSTS $3,167,300 Exhibit 2 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT AMENDMENT FOR FLOWER STREET BRIDGE REHP.BILITATION OVER SANTIAGO CREEK (PROJECT NO. 1780) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Noeticorp for the Flower Street Bridge over Santiago Creek Project, increasing the contingency amount from $46,440 to $116,100. DISCUSSION On February 4, 2008, the City Council awarded a contract for the Flower Street Bridge over Santiago Creek Project to Noeticorp, with the base bid amount of $464,400 plus a ten percent contingency totaling $510,840. The contractor has currently completed approximately 250 of the work on the Flower Street Bridge. Several changes issued to date have nearly exhausted the City Council approved 10o contingency in the amount of $46,440. Due to the complexity and age of the bridge, there have been several unforeseen conditions. Staff is recommending approval of the increased contingency to avoid any delays in completing the project. If the current contingency is exceeded within the next thirty days, it would cause significant delay until April 15, 2009. This is due to the fact that all work in the creek must be completed by October 15, 2008. Given these circumstances, staff recommends an increase in the contract with Noeticorp by an amount up to $69,660. 23B-1 Contract Amendment for Flower Street Bridge October 6, 2008 Page 2 FISCAL IMPACT The increase of the contract and contract amount of $580,500. Funds Replacement Rehabilitation Fund Measure M Turnback Fund (account n< i~~ -~ G i~2~~ ~~ James G. Ross Executive Director Public Works Agency contingency is $69,660 for a total are available in the Highway Bridge (account no. 59-551-8631) and the . 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 23B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT AWARD FOR 2008/2009 OMNIBUS CONCRETE REPLACEMENT (PROJECT NO. 09-1740M) ,~ ~~ ~~ s CITY MANAGER ~ R/ECOMMENDED ACTION ~T. Award a contract to Kormx, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $367,015 for construction of 2008/2009 Omnibus Concrete Replacement Project. 2. Approve a Funding Analysis with a total estimated construction cost of $458,800. DISCUSSION This project will provide for replacement of damaged and deteriorated concrete sidewalks, curbs, gutters, cross gutters, wheelchair ramps, driveway approaches, and concrete pavement at various locations throughout the City. The work will be performed on an as-needed basis. The Notice Inviting Bids was advertised on July 25 and 28, 2008, and bids were opened on August 13, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follow. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15Y Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 16 Bids received: 8 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY BID AMOUNT 1. Kormx, Inc. Walnut 2. CJ Concrete Construction, Inc. Santa Fe Springs 3. Hardy & Harper, Inc. Santa Ana 4. Elite Bobcat Service, Inc. Corona 5. ACR Concrete & Asphalt Construction Inc. Huntington Beach $367,015.00 $427,737.75 $466,353.50 $473,913.00 $488,655.00 23C-1 Omnibus Concrete Replacement October 6, 2008 Page 2 6. Kalban, Inc. 7. Superior Paving Company, Inc. 8. Nobest, Inc. Sun Valley $493,010.00 La Mirada $510,085.51 Garden Grove $767,533.00 A total of eight bids were received bid was submitted by Kormx, Inc. Engineer`s estimate of $500,000. ENVIRONMENTAL IMPACT and all were responsive. The lowest for $367,015, which is below the In accordance with. the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2008- 164 will be filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $458,800 for the project (Exhibit 1). Funds are available in the Measure M Construction Fund (account no. 32-551-6631) and various other funding as needed. APPROVED AS TO FUNDS AND ACCOUNTS: ~/~ James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency K:\Conatruction\RFCA-draft\2008\09-02-OB Ominibus Concrete Replacement 09-1'740M.doc 23C-2 FUNDING ANALYSIS PROJECT NO. 09-1740M 2008/2009 OMNIBUS CONCRETE REPLACEMENT Construction Contract $ 367,015 Contract Administration 13,990 Inspection and Testing 25,694 Survey Staking 15,400 Contingencies 36,701 TOTAL ESTIMATED CONSTRUCTION COSTS $ 458,800 EXHIBIT 1 23C-3 23C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: CONTRACT AWARD FOR BELLA VISTA AND CASA BONITA NEIGHBORHOOD WATER MAIN IMPROVEMENTS (PROJECT NO. 08- 3211) ' ~ 'CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER ~ 1. Award a contract to J. DeSigio Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,362,651 for construction of Bella Vista and Casa Bonita water main improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $1,703,300. DISCUSSION This project provides for the replacement of deteriorated and undersized water mains in the Bella Vista and Casa Bonita Neighborhoods (Exhibit 1}. The improvements include installation of new water mains, fire hydrants, main gate valves, and water services. Once completed, breaks and leaks associated with the older and deteriorated water mains will be eliminated, and water service capacity and fire protection will be enhanced. The Notice Inviting Bids was advertised on August 8 and 11, 2008, and bids were opened on September 4, 2048. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 27 Bids received: 14 Bids received from Santa Ana Contractors: 1 23D-1 Bella Vista/Casa Bonita Water Main Improvements October 6, 2008 Page 2 NAME OF BIDDER 1. J. DeSigio Construction, Inc. 2. Dominguez General Engineering 3. John T. Malloy, Inc. 4. Majich Bros., Inc. 5. J.A. Salazar Construction & Supply 6. Southern California Pipeline 7. GCI Construction, Inc. 8. West Valley Construction Co., Inc. 9. Leatherwood Construction, Inc. 10. VCI Telecom, Inc. 11. Garcia Juarez Construction, Inc. 12. Alliance Streetworks, Inc. 13.MNR Construction, Inc. 14. BNB Engineering, Inc. CITY BID AMOUNT Arcadia $1,362,651.00 Rosemead $1,373,388.00 Los Angeles $1,397,497.00 Altadena $1,460,546.00 La Habra Heights $1,476,001.40 Tustin $1, 506, 937.00 Costa Mesa $1,525,716.00 San Jose $1,558,295.00 Fountain Valley $1,564,266.00 Upland $1, 636, 573.00 Brea $1,697,255.00 Anaheim $1,739,277.00 San Dimas $2, 099, 580.00 Santa Ana $2,301,876.00 A total of 14 bids were received and all were responsive. The lowest bid was submitted by J. DeSigio Construction, Inc. for $1,362,651, which is below the Engineer's estimate of $1,700,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical exemption, ER No. 2008-97, has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,703,300, for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects fund {account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: v ~~ ,~ James G. ss Francisco Gutierrez t Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 23D-2 ~~i f S VICINITY MAP EXHIBIT 1 11,500 L.F. OF 8r + 12° P.V.C. satira nNa Title BELLA VISTA NEIGHBORHOOD AND City Council CASA BONITA NEIGHBORHOOD C V ~~ ~ Agenda Date WATER MAIN IMPROVEMENTS ~~a~,~ WoRK~ A~EN~Y October 6, 2008 (PROJECT 08-3211) JG pTIOIy ~ ~° ~s~ ~ ~' ~~~ l FUNDING ANALYSIS PROJECT 08-3211 BELLA VISTA AND CASA BONITA WATER MAIN IMPROVEMENTS Construction Contract $1,362,651 Contract Administration $24,384 Inspection and Testing $110,000 Survey Staking $70,000 Contingencies $136,265 TOTAL ESTIMATED CONSTRUCTION COSTS $1,703,300 Exhibit 2 23D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-08 FOR THE PROPERTY LOCATED AT 1110 SOUTH BIRCH STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Alejo G. Velarde for the structure located at 1110 South Birch Street, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Alejo G. Velarde for the structure located at 1110 South Birch Street, subject to non- substantive changes approved by the City Manager and City Attorney at its September 4, 2008 meeting by a vote of 7:0. DISCUSSION After the public hearing on September 4, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25A-1 HPP Agreement No. 2008-08 October 6, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $39.60 to $198.00 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja' Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~/ HS:rb hs\historic info\mills act agreements\1110_S_Birch\hppa08-08.cc 25A-2 REQUEST FOR Historic Resources Commission Action Hsro~c ~sou~s one ~r~ caT~: SEPTEMBER 4, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-08 FOR THE PROPERTY LOCATED AT 1110 SOUTH BIRCH STREET wsro~c RESOU~s oonnnn~ssior~ sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director a(.Q.lil. Planning Mana r RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Alejo G. Velarde for the structure located at 1110 South Birch Street, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Alejo G. Velarde, Property Preservation Agreement No. property owner and the City of Santa requests the approval of Historic 2008-08 (Mills Act) between the Ana. Property Description The subject property includes a single-story Spanish Colonial Revival residence and a detached, two-car garage located at 1110 South Birch Street (Exhibit 1) The property is within the Wilshire Square neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A-3 HPPA No. 2008-08 September 4, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in June 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with recommended action is Section 15061 (b) (3) , from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this cC.-EC7/o Hally So leske Associate Planner HS:jm hs\historic info\mills act agreements\1110_S_Birch\hppa08-08.hrc 2 5A-4 r, CUBBON ST ~ 9Qd 4l7f 9111 9Q2 91~ ~ !,7 415 y i ~~ ~ 417 ~' . ~~-::~ 921 ' S ` ,f i(". ~. -a _`-f.. i~.w FAppEr- AY il,. gt; H m 2 ~ ~,;<, z~ ii37 111! ii 1117 ~~: R 12!!'1 12p2 i2Qi ~ ~ 17A7 i2i)1 12W 120i I1iQ2 500' RADIUS HPPA-2008-08 1110 S. Birch Street PLANNING AND BUILDING AGENCY ,~+~- ~~ ~ EXECUTIVE SUMMARY R. LEWIS HOUSE 1110 South Birch Street Santa Ana, CA 92707 NAME R. Lewis House REF. NO. ADDRESS 1110 South Birch Street CITY Santa Ana ZIP 92707 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Wilshire Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The R. Lewis House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission/Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Mission/Spanish Colonial Revival style in the Wilshire Square neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003. 551: Individual property that is listed or designated locally. t~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD of 4 Primary HRI # NRHP Status Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) R. Lewis House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 1110 South Birch Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-141-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth textured stucco, this modest one-story residence displays the typical characteristics of the Spanish Colonial Revival style. A red tiled, cross-gabled roof with shallow eaves caps the building. The focal point of the facade is a prominent front-gabled wing, projecting from the fagade's north half. Centered below the gable apex, which is accented with three pipe vents, a large picture window is deeply recessed within a parabolic arch. Uneven rakes top the front gable, which extends on the north side to shelter wing wall pierced by an arched opening. Located at the intersection of the front and side gables, the south-facing entry consists of a decoratively paneled wood door with a small square window, screened behind spindlework. The porch, elevated two steps above ground level, extends to the south in front of the side-gabled wing and is enclosed by a low, stucco-clad wall. Two pairs ofsix-over-one, double-hung sash windows with wood frames overlook the porch space. Fenestration on the side elevations echoes the pattern on the facade, with wood-framed windows in a variety of configurations. An attached, stucco-clad chimney marks the north elevation. On the south elevation, a the-clad shed roof shelters a secondary entrance. Alterations to the house include the additions of a wood pergola above the front porch and metal window screens. The residence, while modest, is otherwise intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) East elevation April 2008 *P8. Date Constructed/Age and Sources: ^historic 1930/Source: City of Santa Ana Building Permits *P7. Owner and Address: Alejo G. Velarde 1110 S. Birch St. Santa Ana, CA 92707 *P8. Recorded by: *P9. Date Recorded: May 8, 2008 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey sport and other sources, or enter "none") None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information 25 ~g~~f5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Pasre 2 of 4 *NRHP Status Code 5S1 *Resource Name or #: R. Lewis House 61. Historic Name: R. Lewis House 62. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Mission/Spanish Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. August 28, 1930. Residence and garage, $4, 000. June 24, 1982. Open lattice patio cover, $880. October 22, 1993. Re-roof with tear off, built-up, 12 square feef, $2,010. *B7. Moved? ^No Yes Unknown *68. Related Features: None. B9a. Architect: Unknown Date: Original Location: b. Builder: Unknown *B70. Significance: Theme Residenfial Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Lewis House is architecturally significant as a characteristic and intact example of a modestly sized Spanish Colonial Revival home. According to the original building permit, the home was constructed in 1930 for Richard G. Lewis and his wife Grace for an estimated cost of $4, 000. Lewis, a welder, operated Oil Field Welding, located on Main Street in Huntington Beach; Lewis's co-owner was Harry A. Loy, who lived at 1232 South Cypress Avenue in Madison Park. The Lewises owned 1110 South Birch Street until fhe early 1940s. By 1945, ownership had shifted, when Edward S. Goodner, a real estate broker with Bank of America, and his wife Mary resided in the property. The Goodners remained until at least 1954. Occupancy shifted at least twice in the next decade, with Reverend Harry Owen, a missionary with China Inland Mission, and his wife Marguerite, residing in fhe home by 1956. Six years later, in 1962, Thomas O'Loughlin, an engineer, and his wife Jean occupied the property, which has since changed hands on several occasions. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: May 8, 2008 (This space reserved for official comments.) DPR 523B (1/95) *Required information 2~~3-°~ State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paaa 3 of 4 Resource Name or # (Assigned by recorder) Lewis House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date May 8, 2008 D Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Lewis House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, O'Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875.00 boasted `Yive foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for `courts and apartments,"apparently as a buffer for the `neighborhood business"zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War ll. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War ll building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The R. Lewis House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the `distinguishing characteristics of an architectural style or period." The Spanish Colonial Revival residence reflects several signature features of the style: smooth stucco exterior, a red the roof, arched openings, and a patio. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Wilshire Square and `is a good example of period architecture" as an intact example of the Spanish Colonial Revival style. Character-defining exterior features of the Lewis House that should be preserved include, but may not be limited to: materials and finishes (stucco and tile); roof configuration and treatment; massing and composition; original doors and windows; patio and wood entry; and chimney. DPR 523E ~~egof State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Lewis House ''Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date May 8, 2008 ~ Continuation ^ Update *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Register. April 12, 1923. "Vintage Santa Ana Right On Track." The Register. January 13, 1990. "Neighbors Gear Up For Big Project." Los Angeles Times. August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times. October 5, 1996. "Wilshire Square-A Profile in Pride of Ownership." City Line. July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www. wilshiresguare. com www. geocities. com/Heartland/3383/aia. htm DPR 523E ~~~f~ O MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 1, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Alejo G. Velarde, (hereinafter referred to as "Owner"), owner of real property located at 1110 South Birch Street, Santa Ana, California, 92707 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1110 South Birch Street, Santa Ana, CA, 92707 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~~T~ 1 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 2~A-12 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2$A-13 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~A-14 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1110 South Birch Street, Assessor Parcel Number, 013-141-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Alejo G. Velarde 1110 South Birch Street Santa Ana, CA 92707 2~A-15 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~A-16 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Alejo G. Velarde APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 2~A-17 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 Exhibit A Lot 3 of Tract 921, in the City of Santa ana, County of Orange, State of California, as per map recorded in Book 28, page 45 of Miscellaneous Maps in the office of the County Recorder of Said County. Assessor Parcel No. 013-141-10 2~i4-18 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25A-19 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25A-20 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 Exhibit C (photographs attached) -11- 25A-21 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 -~'!~.: ~. ~~ -'~ -12- 25A-22 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 -13- 25A-23 Q Z O O J 0 H O a W W GC H V m H O 0 w w U m 0 0 N ^ Q I ^ ; ~ I D ~ I O I ~ ~ i ti ~I .0 0 ~ I 0 ^ `~,° Z 25~A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-10 FOR THE PROPERTY LOCATED AT 202 WEST EIGHTEENTH STREET ~"- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Anthony for the structure located at 202 West Eighteenth Street, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COI~IISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Anthony for the structure located at 202 West Eighteenth Street, subject to non- substantive changes approved by the City Manager and City Attorney at its September 4, 2008 meeting by a vote of 7:0. DISCUSSION After the public hearing on September 4, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25B-1 HPP Agreement No. 2008-10 October 6, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $106.55 to $532.75 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~- HS:rb hs\historic info\milla act agreements\202_W_18th/hppa08-l0.cc 25B-2 REQUEST FOR Historic Resouroes Commission Action Nsro~lc I~soulx~s oon~sloN tVEETNG OiATE: SEPTEMBER 4, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-10 FOR THE PROPERTY LOCATED AT 202 WEST EIGHTEENTH STREET Prepared by Hally Soboleske I-rsrowc ~soul~soon~unssloN sEC~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ - ~~-' Executive Director Planning M ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Anthony for the structure located at 202 West Eighteenth Street, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Susan Anthony, requests the approval of Historic Property Preservation Agreement No. 2008-10 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single-story residence and a detached, one-car garage located at 202 West Eighteenth Street (Exhibit 1) The property is not within any organized neighborhood. boundary and .the surrounding land uses are commercial office with multi-family residences to the north. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25B-3 HPPA No. 2008-10 September 4, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in 2001 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Craftsman Bungalow styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. _ ,~~ ally So oleske Sergio t I P Associat Planner Princip 1 P1 HS:jm hs\historic info\mills act agreements\202_W_18th/hppa08-l0.hrc 25B-4 ~07H S7 l922 0 -~- 1919 ~ 1g1 1911 192 191 191 1907 l9i 19016 i9pS 1 n ~ ~ ~ m ~ 90~ ! 1g'fH $7 i . ... ~ ~ ~ 1 N 7gTH ST 187N ~':~ ~" i7 +~ +~, 171 17TH 87 77Tft $T 17TH $T t1~WK ~ 160,! 1 500' RADIUS HPPA-2008-10 202 West Eighteenth Street PLANNING AND BUILDING AGENCY ~zg NAME Ben Warner House REF. NO. 113 ADDRESS 202 West Eighteenth Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted USGS 7.5" Quad Date: T R '/4 of '/4 of Sec B.M. ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Bungalow/Craftsman DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low-pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. Page 1 of 4 cmVtistoric\templa[es\Eighteenth W 202 (Ben Warner House) 10/19/01 2 II~[T 2 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) November 23, 1937. Reroof. November 18, 1952. Remodel side windows. October 15, 1982. Reroof. RELATED FEATURES: (Other important. features such as barns, sheds, fences, prominent or unusual trees, or landscape) Evergreen tree in front yard. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This fine example of Craftsman bungalow styling is one story in height and capped by a front gable roof of shallow pitch. Vertical slats form the gable face. Rafters and beams with carved ends are exposed within the deep eave overhangs. The front porch spans the facade, recessed beneath the gable that becomes a pergola on the west end. Porch supports display the Craftsman enthusiasm for exposed structure and consist of posts with corbeled pedestals and capitals composed of intersecting beams. The porch is only raised a couple of steps above the street, in keeping with the low, ground-hugging character of the style. Narrow lap siding sheathes the structure. A broadly proportioned window and main door flanked by sidelights open onto the porch. No major alterations compromise the design. HISTORIC HIGHLIGHTS: This house was constructed for Ben and Nellie Warner in 1917, who occupied the residence for about 20 years. Ben Warner was the proprietor of the Central Body Works, an auto painting and repair shop. In the late 1930s, Herb Alleman, a realtor and appraiser, and Emily Alleman purchased the house. The same family remained at this address until at least 1982, when Victor Alleman applied for a permit to re-roof the dwelling. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family Property Page 2 of 4 cm~historicuemplates~Eighteenth W 202 (Ben Warner House) 10/19/01 25B-7 RESOURCES PRESENT: ® Building ^ Structure MOVED? ®No ^ Yes ^ District ^ Element of District Original Location: ^ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Santa Ana continued to grow steadily, surviving an economic downturn in the 1890s and gaining momentum in the first decade of the 20t1i century. The older neighborhoods closest to the downtown commercial district and to the churches, clubs, and institutions began to be filled up and homebuilders looked elsewhere for land. This trend outward from the City's historic core was symbolized by the construction of Santa Ana High School on Main Street at Tenth Street in 1900 (demolished in the 1940s to make way for the new Buffum's Department Store). Nearly all of the new homes constructed during the two decades following the turn of the century were Craftsman in style. The Ben Warner House is an excellent example of the type, with its strongly horizontal lines, exposed structural elements, and use of wood reminiscent of Japanese architectural traditions. Character-defining exterior features of the Ben Warner House, which should be preserved, include but may not be limited to: roof configuration and treatment (beams, rafters, pergola, etc.); open porch configuration and elements (porch supports, wall, steps); original materials and finishes; and original doors and windows. SUMMARY/CONCLUSION: This resource is currently listed in the Santa Ana Register of Historical Property. It is significant under Criterion 1 in that it embodies the "distinguishing characteristics of an architectural style or period." The Ben Warner House has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman style (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: ^ Object ^ Site ^ Unknown Date: Page 3 of 4 cmUiistoric\[empla[es\Eighteenth W 202 (Ben Warner House) 10/19/01 25B-8 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: October 4, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana's Historic Treasures. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, W W Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: October 4, 2001 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may tack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) SSI : Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation, and, is a contributor to a fully documented district that is designated or eligible for designation as a local historic district, overlay zone, or preservation area under an existing ordinance or procedure. Page 4 of 4 cm\historic\templates\Eighteenth W 202 (Ben Warner House) 10/19/01 25B-9 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this October 6, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Susan Anthony, (hereinafter referred to as "Owner"), owner of real property located at 202 West Eighteenth Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 202 West Eighteenth Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E~~~ O MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 6, 2008, and shall remain in effect for a term often (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 2~B-11 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2~6-12 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~g-13 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 202 West Eighteenth Street, Assessor Parcel Number, 002-164-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Susan Anthony 202 West Eighteenth Street Santa Ana, CA 92706 -5- 256-14 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 256-15 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNER: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Susan Anthony APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 256-16 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 Exhibit A Lot 4, McIllwant's Subdivision of Block "E" of Goepper's Addition to Santa Ana, in the City of Santa Ana, County of Orange, State of California, as shown on map recorded in Book 4, Page 76f Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-164-08 -8- 256-17 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 256-18 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25B-19 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 Exhibit C (photographs attached) '~ r ~~, ,.~~ ~~ i "' ~'~". -:urn..: -11- 256-20 ~f~ .. MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 -12- 256-21 MILLS ACT AGREEMENT 202 West Eighteenth Street Santa Ana, CA 92706 -13- 256-22 a a z 0 a 0 J H H W W H H Z W W W W N O N w 00 i ~W o I O 1 O . 1 I o . ~, Z -14- 256-23 a 25B-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AGREEMENT AMENDMENT FOR LIBRARY AUTOMATION SYSTEM SERVICE AND SUPPORT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with The Library Corporation for database subscription service and maintenance in an amount not to exceed $30,000 for a one year term, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 16, 2003, the City Council approved an agreement between the City of Santa Ana and The Library Corporation, Inc. to provide a library automation system. The Library Corporation, Inc. has provided the Library with a web based client server. The system offers integrated library automation, which provides increased functionality for staff and ease of use for patrons. The amendment to the agreement includes database subscription service and maintenance necessary to provide continuous uninterrupted service to the Library and its patrons. This service includes telephone support, licensed software updates and enhancements, staff training, online access to cataloging resources, and enhanced content databases. These services enable staff to better serve the public and perform their jobs efficiently. FISCAL IMPACT Funds are available in the Library's Technology & Information Services, Other Contractual Services Fund account (no. 11-216-6291). APPROVED AS TO FUNDS AND ACCOUNTS: r Rob ichard Executive Director Library Francisco Gutierrez Executive Director Finance & Management Services Agency 25C-1 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT ("Amendment") made and entered into this 6th day of October, 2008, by and between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, ("TLC") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ("City"). RECITALS: A. On December 3, 2001, the parties entered into Agreement # A-2001-238, by which TLC has provided a library automation system for City. B. In order to provide continuous uninterrupted service, the Parties now desire to amend the Agreement to increase the compensation to pay for an additional one-year database subscription service and maintenance in an amount not to exceed $30,000.00. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement as hereby amended, the parties hereby agree as follows: 1. The compensation for the Agreement shall be increased by an additional $30,000.00 to pay for database subscription services and maintenance for the term from October 1, 2008 through September 31, 2009. 2. Except as hereinabove modified, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement the date and year first above written ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA: DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney THE LIBRARY CORPORATION, INC. By: (NAME) (Title) 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE AGREEMENT RENEWALS FOR TEMPORARY INFORMATION TECHNOLOGY PERSONNEL AND CONSULTING SERVICES ~ % ~. CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached agreement renewals for temporary information technology personnel and consulting services in a total aggregate amount not to exceed $3,590,000 for a one year term, subject to non-substantive changes approved by the City Manager and City Attorney with the following vendors: Concorde Consulting, Inc. SoftMaster, Inc. The Comdyn Group, Inc. Telfords DISCUSSION The City utilizes temporary contractors specialized in information technology as a primary means to support City operations. Contract personnel provide software application development and support; business application and project consulting; telecommunications services; and computer and networking services. The use of these services maximizes the effectiveness of staff resources in the Information Services Division (ISD) This approach ensures timely completion of City information projects and reduces interruptions to the computer infrastructure system. These agreements with the various consulting firms provide highly skilled technology contractors who are essential in providing specialized assistance to City departments in the design, development and implementation of the City's information management systems. They support over 2,000 plus end-users; 600 mainframe-based application programs; three client/server-based systems; three web-based Enterprise business systems; the City's wide area network with connection to the Internet; 25D-1 Renewals for Temporary IS Personnel and Consulting Services October 6, 2008 Page 2 seven department local area networks; 120 servers in the City Hall and Police Department data centers with over 24 tera bytes of data capacity; and 150+ managed network switches, routers and 100 high speed data circuits supporting 38 City operating locations. Software applications developed and supported by these contractors included the Santa Ana Property Information Network (SAPIN), the Business License/Tax System, Municipal Utility System, and several other revenue related systems. The contractors also support the current implementation of the new Financial Enterprise Planning system. For the Police Department, contractors support mission-critical systems such as the Computer Aided Dispatch, the Jail Management System, Arrest and Booking system, Case Management system, Police Intranet system, wireless data communications for 175 patrol vehicles, California Law Enforcement Telecommunication system (CLETS) access, PD and Jail Email system, Evidence wireless systems, and 100 other systems which are critical to the daily operations of the Police and Jail departments. Homeland Security technologies such as the PD Emergency Department Operations Center (DOC), Web based Emergency Operations Center (WebEOC), and Mobile Command Post systems are supported and maintained by technical contractors. Contractors also help support 3 additional PD substations by managing network systems which provide 185 field officers and investigators access to systems located at the main station. The Police Department has used several of these contractors to enhance the Police field reporting system under grant funding. Additionally, under a cost reimbursement basis, technical contractors engineered, developed, maintain, and hosts the County-wide network and computing environment for Coplink, which is the Integrated Law & Justice Agency for Orange County (ILJAOC) web-based information sharing and crime analysis system that connects all 29 of Orange County's public law enforcements agencies with other law enforcement agencies throughout southern California, southwest and pacific northwest regions. A Reguest for Proposal (RFP) for Temporary Technical Contract Service and Consulting Services was issued by ISD in March 2007. Twelve proposals were evaluated and the top four vendors were identified. On June 18, 2007, Council approved agreements with these four vendors for a one-year period, with the option of four renewal terms. During the past 15 months, the vendors have provided excellent service and support to the City and staff recommends the first renewal of the agreements. 25D-2 Renewals for Temporary IS Personnel and Consulting Services October 6, 2008 Page 3 FISCAL IMPACT Funds are available in various Technology Plan, Other Contractual Services accounts (nos. 109-200-6291, 109-300-6291, 109-400-6291, 109- 600-6291, 109-700-6291, 11-338-6291, 82-178-6291, & 80-180-6291, 570-935- 6291) . APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D-3 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, 2008, by and between CONCORDE CONSULTING, INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2007-144, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on September 30, 2009, unless earlier terminated in accordance with Section 13, below. The term of said Agreement maybe extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. The City shall have the option, at City's discretion, to renew this Agreement for up to three (3) additional one-year periods." 2. Section 4, "Compensation, shall be amended to increase total compensation by $3,590,000.00, to pay for additional services provided during the extended term of said Agreement. Said Section 4, shall read in full as follows: "a. The City agrees to pay, and Consultant agrees to accept as total payment for its services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost Proposal, attached to said Agreement as Exhibit B. City will determine, in its sole discretion which projects will be assigned to Consultant. Total compensation payable to all vendors for Temporary Technical Contract Service Personnel under this Agreement shall not exceed $3,590,000.00, during the one-year term commencing October 1, 2008. Said total compensation shall be divided between any and all of the Vendors selected by the City, as determined at the City's discretion. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and/or products purchased, subject to City 25D-4 accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONCORDE CONSULTING, INC. (NAME) (Title) 25D-5 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, 2008, by and between SOFTMASTER, INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The parties entered into Agreement # A-2007-145, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on September 30, 2009, unless earlier terminated in accordance with Section 13, below. The term of said Agreement maybe extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. The City shall have the option, at City's discretion, to renew this Agreement for up to three (3) additional one-year periods." 2. Section 4, "Compensation, shall be amended to increase total compensation by $3,590,000.00, to pay for additional services provided during the extended term of said Agreement. Said Section 4, shall read in full as follows: "a. The City agrees to pay, and Consultant agrees to accept as total payment for its services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost Proposal, attached to said Agreement as Exhibit B. City will determine, in its sole discretion which projects will be assigned to Consultant. Total compensation payable to all vendors for Temporary Technical Contract Service Personnel under this Agreement shall not exceed $3,590,000.00, during the one-year term commencing October 1, 2008. Said total compensation shall be divided between any and all of the Vendors selected by the City, as determined at the City's discretion. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and/or products purchased, subject to City 25D-6 accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SOFTMASTER, INC. (NAME) (Title) 25D-7 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, 2008, by and between THE COMDYN GROUP, INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2007-147, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on September 30, 2009, unless earlier terminated in accordance with Section 13, below. The term of said Agreement maybe extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. The City shall have the option, at City's discretion, to renew this Agreement for up to three (3) additional one-year periods." 2. Section 4, "Compensation, shall be amended to increase total compensation by $3,590,000.00, to pay for additional services provided during the extended term of said Agreement. Said Section 4, shall read in full as follows: "a. The City agrees to pay, and Consultant agrees to accept as total payment for its services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost Proposal, attached to said Agreement as Exhibit B. City will determine, in its sole discretion which projects will be assigned to Consultant. Total compensation payable to all vendors for Temporary Technical Contract Service Personnel under this Agreement shall not exceed $3,590,000.00, during the one-year term commencing October 1, 2008. Said total compensation shall be divided between any and all of the Vendors selected by the City, as determined at the City's discretion. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and/or products purchased, subject to City 25D-8 accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager THE COMDYN GROUP, INC. (NAME) (Title) 25D-9 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, 2008, by and between TELFORDS, a partnership (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2007-146, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on September 30, 2009, unless earlier terminated in accordance with Section 13, below. The term of said Agreement maybe extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. The City shall have the option, at City's discretion, to renew this Agreement for up to three (3) additional one-year periods." 2. Section 4, "Compensation, shall be amended to increase total compensation by $3,590,000.00, to pay for additional services provided during the extended term of said Agreement. Said Section 4, shall read in full as follows: "a. The City agrees to pay, and Consultant agrees to accept as total payment for its services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost Proposal, attached to said Agreement as Exhibit B. City will determine, in its sole discretion which projects will be assigned to Consultant. Total compensation payable to all vendors for Temporary Technical Contract Service Personnel under this Agreement shall not exceed $3,590,000.00, during the one-year term commencing October 1, 2008. Said total compensation shall be divided between any and all of the Vendors selected by the City, as determined at the City's discretion. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and/or products purchased, subject to City accounting procedures. Payment need not be made for work that fails to meet the 25D-10 standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager TELFORDS (NAME) (Title) 25D-11 25D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AMENDMENT TO AGREEMENT NITH MIDORI GARDENS INC. ~ f CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Midori Gardens Inc. in the amount of $50,000 for the current fiscal year, for a total annual contract amount not to exceed $600,000 and amending the date of the agreement to coincide with the fiscal year, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Midori Gardens Inc. has been providing maintenance services for the City's medians, on arterials, and at water reservoir sites. This agreement was competitively bid in 2006. Midori has contacted the City asking for an increase of approximately 10 percent due to unforeseen increases in petroleum goods and fuel. Based on the competitiveness of their proposal and the fact that they haven't received any rate increases to their agreement in the last eight years, staff recommends the increases. The amendment also revises the term of the third year of the agreement to coincide with the budget fiscal year which ends on June 30, 2009. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E-1 Amendment to Agreement with Midori Gardens Inc. October 6, 2008 Page 2 FISCAL IMPACT Funds are budgeted and available in the Public Works Median Landscaping activity (account no. 29-637-6261), the Water Production and Supply activity (account no. 64-574-6261) and the Environmental Sanitation activity (account no. 68-632-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ,~~~ ~'-C~------> ;_1 James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25E-2 ~~ SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 6, 2008, by and between Midori Gardens ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-195, dated August 7, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance in street medians and City owned property. B. In accordance with the terms and conditions of said Agreement, the parties wish to adjust the rates and charges for services to compensate for increases in materials and labor costs, and to adjust the term to coincide with the City's budget cycle. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit D, attached to said Agreement. Commencing September 1, 2008, those rates and charges shall be adjusted to the amounts set forth in Exhibit D-1, attached hereto and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $600,000 for the term from August 1, 2008 through June 30, 2009." 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on August 1, 2006 and continue for a period of thirty-five (35) months. The final term of said Agreement shall run from August 31, 2008 through June 30, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for two additional one-year terms, at the option of the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // 25E-3 // IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney RECOMMENDED FOR APPROVAL: JAMES G. ROSS Executive Director Public Works CITY OF SANTA ANA DAVID N. REAM City Manager MIDORI GARDENS NAGA HAMAMOTO President 25E-4 EXHIBIT D-1 CONTRACT PRICING Effective September 1, 2008 Contractor will provide all labor, equipment and materials necessary for city-wide landscaping maintenance service of street medians and various public facilities in accordance with the specifications and special provisions herein. I. ROUTINE MAINTENANCE Cost/Month (X 12 months =) Cost/Year A. Medians & Service Road Dividers $ 30,766.56 /mo. $369,198.72/yr. B. Other Areas $ 2,547.41 /mo. $ 30,568.92/yr. C. Parking Lots $ 464.20 /mo. $ 5,570.40/yr. D. Neighborhood Monument/Entry Areas $ 5,080.90 /mo. $ 60,970.80/yr. E. Water Reservoir Facilities F. Arterial Sidewalks Maintenance G. Annual Color $ 2,092.20/mo. $ 25,106.40/yr. $ 1,432.20/mo. $ 17,186.40/yr. $ 554.40/mo. $ 6,658.80/yr. II NEW MAINTENANCE A. Turf Area B. Shrub/Ground Cover Area C. Hardscape Area Cost/Square Foot/Month $ .06 $ .OS $ .04 D. Arterial Sidewalk $ .03 25E-5 III EXTRAORDINARY MAINTENACE A. Materials -Contractor's cost from supplier plus 15% B. Labor -Contractor's rates (including all fringe benefits, markup, overhead, etc.) for the following job classifications: Overtime Straight Time 1. Landscape Maintenance Laborer 2. Irrigation Technician 3. Supervisor $ 20.90 $ 31.35 $ 27.50 $ 41.25 $ 38.50 $ 57.75 IV EXTRAORDINARY PLANTING 1. 36" box tree; standard trunk 2. 36" box tree; multi trunk 3. 24" box Tree; standard trunk 4. 24" box tree; multi trunk 5. 15 gal plant 6. 5 gal plant 7. 1 gal plant 8. 4" flat of annual color 9. Flat of ground cover $ 605.00_ $ 660.00 $ 275.00 $ 33000 $ 71.50 $ 17.60 $ 6.60 $ 2420 $ 1760 25E-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2008 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500-C) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For ~~ CI MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached purchase agreement for the property located at 1020 S. Bristol Street, subject to non-substantive changes approved by the City Manager and City Attorney, with Bank of America, National Association, in its capacity as Trustee of the 7-Eleven Employees' Trust for $155,000.00. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of a portion of the 7-Eleven property located at the north-west corner of Bristol and McFadden is required (Exhibit 1). The proposed partial acquisition will not impact the building. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 25F-1 Purchase Agreement for Bristol Street Corridor October 6, 2008 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). ~~~ J es G. Ross xecutive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: . ~(~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency /~ 25F-2 LEGEND SUBJECT PROPERTIES ® ACQUIRED PROPERTIES i RXHIRIT 1 MCFADDEN A' I MATCHLINE SEE ABOVE LEFT ~o SANTA ANA CftY COUNCIL TITLE PURCHASE AGREEMENT FOR Pf ~1 AGENDA DATE BRISTOL STREET CORRIDOR ' V OCTOBER 6, zoos (PROJECT Ofi-1500-C) `_ Haut mas ~mcr 25F-3 MATCHLINE SEE BOTTOM RIGHT PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRLiCTIONS (Commercial) "THIS AGREEMENT (hereinafter "PSA"), entered into on _ _ 2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and BANK OF AMERICA, National Association, in its capacity as Trustee of the 7-Eleven Employee's Trust, formerly known as The Southland Employees Trust, and not in it's individual capacity (hereinafter the "Trust" or "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana (hereinafter "Said Real Property"), described as follows: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY TIIIS REFERENCE MADE A PART HEREOF (Commonly known as [a portion ofJ 1020 South Bristol Street, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Decd, at the office of First American Title Insurance Company, located at 550 South Hope Street, Los Angeles, California 90071 (attn: Bobby Purdy (213)271-1700 ext. 1742, facsimile number (213)402-2811), within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), Liens, clouds or defects in title, except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. (b) Seller agrees to convey to City a temporary landscape easement as described and depicted in greater detail in Exhibit "C" attached hereto and by this reference made a part hereof. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE HUNDRED FIFTY FNE THOUSAND AND NO/100 Dollars ($155,000.00) insuring City's title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, Page 1 of 12 Seller's Initials ~~ ~ 25F-4 encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller; nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, located at 550 South Hope Street, Los Angeles, California 90071, (hereinafter "Escrow Agent") within five (5} days from and after the date on which the City has approved this PSA. This PSA constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close within 120 days after Owner's execution of this PSA, but in any event, not later than , 2008. The Effective Date of this PSA shall be established by Escrow Agent and shall be the date upon which the fully executed PSA is received by Escrow Agent. The Escrow Agent hereby is empowered to act under this PSA, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "D" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear, and Escrow Agent is hereby authorized to charge to the City, the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "D" of this PSA. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, severance damages, bonus value (if applicable), for the easements herein described, and for any and all other damages which Seller might now or in the future be entitled to, the total cash sum of ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($155,000.00); City agrees to deposit said purchase price in escrow with the Escrow Agent within Sixty (60) days from and after the Page 2 of 12 Seller's Initials_?~T!'l 25F-5 date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay said purchase price to Seller only after or concurrent with the satisfaction of the following conditions precedent: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Grant Deed conveying Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property which shall be made free by Seller of all property. 8. Waivers. The waiver by Cily of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Assigns, Successors-in-Interest. This Agreement, and all the terms, covenants and conditions herein, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 12. Just Comuensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment, improvements pertaining to the realty, severance damages, bonus value (if applicable), for the easements herein described, and for any and all other damages which Seller might now or in the future be entitled to. 13. Plotices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Richard C. Murray Senior Vice President U.S. Trust, Bank of America Private Wealth Management 515 South Flower Street Suite 2700 Los Angeles, CA 90071 Phone: (213) 861-5065 Fax: (800) 976-1298 Email: richard.murray@ustrust.com 14. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE Page 3 of 12 Seller's Initials ZG 25F-6 15. Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 16. Hazardous Waste. a. Two monitoring wells, MW-5 and MW-6, are located in the portion of the property that will be acquired by the City of Santa Ana. No soil samples were collected during well installation. Based on soil vapor screening conducted with an Organic Vapor Analyzer (OVA) at the time the wells were installed, there appears to be impacted soil at a depth of approximately 10 feet below ground surface in the vicinity of these wells. Benzene concentrations above the California Maximum Contaminant Levels (MCLs) are present in groundwater in well MW-5. The impacted groundwater plume does not appear to extend beyond the intersection of Bristol and McFadden, and appears to decrease to less than the MCLs by approximately the middle of the intersection. This estimate is based on the absence of benzene concentrations in groundwater at the most down gradient well, MW-9. Seller will provide Buyer, at Buyer's request, maps illustrating benzene concentrations in groundwater, groundwater gradient maps, and summary tables of the groundwater analytical results to date. Since samples were not collected during well installation, there is no definitive (i.e. laboratory analyzed sample) soil concentration data for these two wells. b. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 1 l of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et sec . (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seg. (42 U.S.C. 59601). 17. Compliance With Environmental Laws. To the best of Seller's la~owledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Page 4 of 12 Seller's Initials Z ~~ 25F-7 Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Contingency. It is understood and agreed between the parties hereto that the enforceability of this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall constitute said acceptance and approval. 19. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 20. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 21. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23. N_ o Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 24. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 25. Duty To Coouerate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 26. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 27. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. Miscellaneous. Page 5 of 12 Seller's Initials_ _Z "'' 1 25F-8 A. City acknowledges that Said Real Property shall be a legal nonconforming use upon the consummation of this real property transaction. B. In the event that the subject improvements are partially or fully involuntary destroyed, the existing property shall be subject to Santa Ana Municipal Code Section 41-682 or similar code then in effect, if any. Section 41-682 currently states as follows: "A narco-rforming building or a building occupied by a norrcoarforming use which is damaged yr partially destroyed by fire, flood, wi~rd, earthquake, explosion or similar occurrence, may be restored and the no~~conforming use coi:tinued, provided that the cost of repair or restoration does trot exceed the building's fair market value prior to the date of the damage. lir the repair or restoration of such building, there shall be no enlargement of such building nor anyyyi~~crease irr the area of a noncorrfonrring use within such building. " ~~ C. ~e+~ agrees to bear the additional cost of relocating signage and light standards and will work directly with representatives of 7-Eleven, Inc. to determine mutually acceptable locations for such signage and light standards. ~~r"~ 3uyr"~ D. 8el~le~ agrees to restore the affected onsite areas and existing offsite work to at least the extent they existed prior to the partial acquisition with new replacements and with reasonably replacement landscaping. Page 6 of 12 Seller's Initials ~ ~ 7'-'t 25F-9 29. Incoraoration of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated herein as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date first written above. SELLER: BANK OF AMERICA, National Association, in its capacity as Trustee of the 7-Eleven Employee's Tntst By: ~ ,. ~ - Date: _f'a+/-~6~s % 7 2008 Richard C. Murray Senior Vice President CITY/BUYER: CITY OF SANTA ANA By: David N. Ream City Manager ATTEST: By: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: ando S ~or Assistant City Attorney Date: Date: 2008 2008 Date: ~~lN: , c~-,~ , 2008 Page 7 of 12 25F-10 Seller's Initials ~7~'\ EXHIBIT "A" LEGAL DESCRIPTION (APN 109-064-33) THOSE PORTIONS OF LOTS 20, 21, AND 22 OF TRACT 2325 M THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 68, PAGES 40 THROUGH 43 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID LOT 22 WITH A LINE 50.00 WEST OF THE CENTERLINE OF BRISTOL STREET AS SAID CENTERLINE IS SHOWN ON SAID MAP, SAID INTERSECTION BEING THE NORTHWEST CORNER OF PARCEL 1 AS DESCRIBED IN A DEED RECORDED IN BOOK 11 S8S, PAGE 1328 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89° 21' 34" WEST 10.00 FEET ALONG SAID NORTH LINE TO A POINT ON A LINE 60.00 FEET WEST OF SAID CENTERLINE; THENCE SOUTH 0° 38' 26" WEST 114.30 FEET, PARALLEL WITH SAID CENTERLINE; THENCE SOUTH 48° 08' 15" WEST 34.05 FEET TO THE SOUTH LINE OF SAID LOT 20; THENCE SOUTH 89° 06' S4" EAST 10.00 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET, SAID BEGINNING OF CURVE BEING A POINT OF CUSP ON THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID CURVE AND SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 90° l4' 40", AN ARC LENGTH OF 39.38 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 0° 38' 26"EAST 112.35 FEET, PARALLEL WITH SAID CENTERLINE, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PORTION OF LAND CONTAINS 1 S30 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. ~--- ,~~ LAND SURY / v ~,~~ J • tiIART/2 °v ~ ~ ~ 9 Z¢ DD7 r ~, --~.~ ~I rec. ~oa3 LS 6 in Date ~, *~ rXC. ~~3oio7 Ci ~r.'~ .° Page 8 of 12 Seller's Initials ZG~ 25F-11 60' - F--50'- ~- P. 0. B . ~ ~' I LLI /J Q v M L!'1 O M N v w N M 0 Z 0 .... .. AREA = 1530 SF ~ ~~F. ° ~ Oy 'J MCFADDEN AVE° c 1 RECORD PER TRACT 2325 td~ 68/40-43 SANTA ANA Pu ~~ar ~ap0'hA~ A = 90° 14' 40' ' ~ R = 25.00' L = 39.38' (n I T = 25.1 1 ' ~--+ I---10.00' ~M N W c N89° 06' S4 "W __ (SCALE: 1"=40'1 EXHIBIT B APu 109-064-33 1020 SOUTH BRISTOL STREET SANTA ANA, CA 92703 Page 9 of 12 25F-12 Seller's Initials fZG~I EXHIBIT "C" TEMPORARY LANDSCAPE EASEMENT (Bristol Street Widening from Pine Street to McFadden Avenue) For valuable consideration, the undersigned owner hereby grants permission to the City of Santa Ana, its officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, to enter upon, to pass and repass over and along that portion of land shown on Attachment 1 attached hereto and by reference made a part hereof, for the purpose of removing improvements and replacing those improvements with landscaping in connection with City's widening of Bristol Street; to enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, construction equipment and other materials thereon by said City and by persons under contract with it and their employees, whenever and wherever necessary for the purposes herein set forth. This permission is granted subject to the following conditions being fulfilled by City: (A) Upon completion of street widening work, the Easement Area shall be improved with landscaping in compliance with City ordinances as applicable to this site. (B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City or by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry on owner's property by City's contractor. This easement shall become null and void and shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2011. Dated: Ihr.IGu s' ; ~J ~ p p SELLER: Bank of America, National Association, Trustee of the 7-Eleven, Inc. Employee's Trust By: C.7~'~ Richard C. Murray Senior Vice President APPROVED AS TO FORM: Joseph W. Fletcher City Atto ey / BY: '~~~ (~o f S r~ior Assistant City Attorney Date: ~ufGuS'T 7 , 2008 The City of Santa Ana, a charter city and Municipal corporation duly organized and existing under the constitution and laws of The State of California BY: Page 10 of ] 2 Seller's Initials ~ ~ 25F-13 Attachment 1 to Exhibit "C" Temporary Landscape Easement Page 11 of 12 Seller's Initials ~~ 25F-14 EXHIBIT "D" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check or wire transfer. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the perfection of title as of the date on which the transferring instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein and affected hereby, Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any Superior Court of competent jurisdiction, and to commence or defend any action or proceedings for the determination of such conflict. The Parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and discharged from all obligations imposed upon it in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page I2 of 12 Seller's Initials ~~~ 25F-15 25F-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: THIRD AMENDMENT TO THE AGREEMENT WITH HOUSTON HARRIS PCS INC. FOR SEWER VIDEO INSPECTION SERVICES 4, ~f r"_' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Houston Harris PCS, Tnc. for a one-year term extension in an amount not to exceed $300,000 for television inspection of sanitary sewers. DISCUSSION The City owns and maintains a sanitary sewer collection system consisting of 390 miles of pipelines and 8,300 manholes. The California Regional Water Quality Control Board requires the City to regularly inspect and assess the condition of sewer pipelines and manholes. Closed circuit television (CCTV) technology is utilized to assess the condition of sewer mains and identify system deficiencies. The City has historically utilized consulting firms to provide CCTV inspection services. To date, approximately 250 miles (65~) of the sewer system has been inspected using CCTV technology. Houston Harris PCS, Inc. currently provides contract sewer video inspection services to the City. They were selected as the top rated firm during a 2004 selection process from among five firms and were awarded an annual contract for $300,000 in October 2004 with extensions through Fiscal Year 2007-08 for an additional $300,000 per year. Houston Harris PCS, Inc. has provided exceptional service throughout the term of the contract. They provide high quality digital video and data in a format that interfaces well with existing City sewer data records. Houston Harris PCS, Inc. has also responded in a timely manner to all City requests for special and/or emergency video inspections. 25G-1 Agreement PCS, Inc. October 6, Page 2 with Houston Harris 2008 Houston Harris PCS, Inc. has agreed to continue to provide video and sewer line cleaning services at the current contract prices. Based upon the excellent service provided, staff recommends that the current agreement with Houston Harris PCS, Inc. be amended for a one-year term. The annual not to exceed amount of the agreement will remain at $300,000 for the year. All other contract terms and conditions will remain unchanged. SNVIRONMSNTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund (account no. 56- 575-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Jarn s ss Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency JGR/RB/RFCA07-03/AgreeHOUStonHarris/JGR 25G-2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on October 6, 2008, by and between Houston Harris PCS, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2004-220 dated October 4, 2004, (hereinafter "said Agreement") by which Consultant has provided cleaning, inspecting and video taping of sanitary sewers. B. In accordance with the terms and conditions of said Agreement, the parties wish to renew said Agreement for an additional one-year period and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase total compensation to provide an additional $300,000.00, during the extended term from November 1, 2008 through October 31, 2009. 2. Section 3, TERM, shall be extended for an additional one-year period from November 1, 2008 through October 31, 2009. 3. Except as herein amended all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager HOUSTON HARRIS PCS, INC. PAM HOUSTON President/Secretary/Treasurer 25G-3 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AMENDMENT TO AGREEMENT WITH REDLANDS SOFTWARE INC. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"a Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Redlands Software Inc. to provide Geographic Information System programming and technical services to the Public Works Agency for an amount not-to-exceed $8,330 subject to non-substantive changes approved by the City Manager and City Attorney. DISC_[7SSION On September 2, 2008 the City Council approved a new agreement with Redlands Software, Inc. for Geographic Information System programming and technical services. The previous agreement met the contractual not-to exceed limit in August and in order to prevent a loss in continuity in service, an amendment to the previous agreement in the amount of $8,330 is needed, for a total contract amount of $128,330. FISCAL IMPACT Funds are available in the Public Works Administration account for contractual services (account no. 101-601-6291). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25H-1 RECOMMENDED ACTION FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, by and between REDLANDS SOFTWARE, INC. (hereinafter "Consultant"), and the City of Santa Ana (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2007-130, dated June 4, 2007, (hereinafter "said Agreement") by which Consultant has provided Geographic Information System programming and technical services. B. In an effort to provide uninterrupted services, the parties desire to increase total compensation available to pay for Consultant services provided during August, 2008. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2. a., "COMPENSATION", shall be amended to increase total compensation available during August 2008 by $8,330, for a total monthly maximum of $18,330 and a total amount not to exceed $128,330.00. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager REDLANDS SOFTWARE (NAME) (Title) 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 6, 2008 TITLE: AGREEMENT WITH COI~SiJNICATIONS SUPPORT GROUP FOR CABLE TV CONSULTING SERVICES ~, ~^ ~cZ '' z- CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1 S` Reading Ordinance on 2"d Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement with Communications Support Group to provide cable television consulting services for a one- year period in an amount not to exceed $85,870, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION For the past nineteen years, the City of Santa Ana has contracted with Communications Support Group for cable television franchise consulting services. Communications Support Group will continue to provide its standard scope of services, including development of the community bulletin board, technical support to cable programming, customer service, and franchise compliance and administration. In addition, the annual comprehensive technical FCC performance test of the subscriber cable systems will be performed and the annual cable regulatory report will be prepared documenting overall cable company activity and performance. Communications Support Group will continue to maintain records necessary to monitor the cable operator's compliance with the City Cable Television Subscriber Protection Ordinance and franchise agreement. Communications Support Group will assist with the supervision of the CTV3 playback operator and prepare reports for the Board of Parks and Recreation monthly board meetings. The Parks, Recreation and Community Services Agency is satisfied with the quality of services that Community Support Group has provided and supports approval of the recommended action. 251-1 Agreement with Communications Support Group October 6, 2008 Page 2 FISCAL IMPACT Funds for this agreement are available in the Community Affairs contractual services account (no. 11-232-6291). APPROVED AS TO FUNDS AND ACCOUNT: ~~~ Gerardo Moue Executive Di ector Parks, Recreation and Community Services Agency Francisco Gutierrez ~~ Executive Director Finance and Mgmt. Services Agency 251-2 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on October 6, 2008, by and between Communications Support Group, a sole proprietorship ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2006-277, dated October 16, 2006, (hereinafter "said Agreement") by which Consultant has provided cable television compliance services to the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the term and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide that during the term from November 1, 2008 through October 31, 2009 Consultant shall perform those services set forth in Exhibits A-2 and B-2, attached hereto. In performance of those services, City shall continue to provide office space, telephone, computer and printer, access to City e-mail and parking for Consultant. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services a total sum, not to exceed $85,870.00, annually for all hours worked, travel and expenses during the extended term of said Agreement. Said compensation shall be paid in 24 equal payments during the one-year renewal of this Agreement." 3. Section 3, TERM, shall be amended to extend the termination date to October 31, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 251-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager COMMUNICATIONS SUPPORT GROUP KATHERINE BOWERS 251-4 "Exhibit A" Contractor agrees to provide, at the request of the City Manager or designee technical support to City Manager and Executive Director of the Recreation and Community Services Agency, for the City's Cable Television operations up to twenty-eight (28) hours per week of which twelve (12) will be dedicated to development of the community bulletin board and including but not limited to cable programming, customer service and franchise compliance/administration as follows: 1. Monitor currency and accuracy of franchise security and certificate of insurance documents provided by the Cable Operator. 2. Receive/document resolution to subscriber's complaints related to the city's video service providers from cable (Time Warner Cable) and phone (AT&T) and respond to cable television program inquiries from City Officials and citizens. 3. Assist in providing information for Parks and Recreation Advisory Board regarding video services. Attend meeting upon request if needed. 4. Monitor cable operator's telephone response time and report results to City. 5. Maintain databases necessary to monitor Cable Operator's compliance to City Cable Television Subscriber Protection Ordinance and to provide information based on inquiries. 6. Maintain in City Cable Office historical and current records of cable television program, franchise agreement and related documentation. 7. Assist with any organization requirements for programming related to City Channel 3 (CTV3). 8. Assist with obtaining outside city programming appropriate for CTV3 to enhance the channel such as community public service announcements, Orange County locally produced programs and news segments about Santa Ana such as videos from the OC Register and KDOC-TV, etc. 9. Assist in supervision of city playback operator for CTV3 regarding monthly scheduling chart and reports for Parks and Recreation monthly board meeting, tape and dvd library organization, dvd dub requests and city council playback . 10. Provide comprehensive technical performance testing of the subscriber cable system as set forth in Exhibit "B". This testing based on FCC standards will be conducted during the months of July or August during peak heat times of the year. 251-5 11. Prepare a comprehensive annual CTV3 and cable regulatory report with performance and activity. This report will be completed at the conclusion of the calendar year. 12. Receive files back from CCN of initiatives that would be applicable to CTV3 and load mpegs into city channel 3 Scala System to cablecast on CTV3. 13. Work with city video engineer related to CTV3 control room maintenance repairs, order of any necessary equipment to keep channel running properly for programming, bulletin board and city council meetings. 14. Attend meetings on an as needed basis related to cable and CTV3 television production as needed. 15. Prepare and maintain the city community bulletin board complete with text, photos, video and advanced graphics incorporating city information. 16. Assist city with Scala file share transfers to Marquee and other video presentations not to exceed $5500. 17. Assist in development and organization of quarterly programming information to CCN: includes basic information for each initiative, work with Executive Director to clarify topic matter and contacts. Follow through in providing information to CCN production management. 251-6 EXHIBIT B-2 PROOF OF PERFORMANCE TESTING I. Performa a series of television signal level measurements to ascertain franchisee compliance. All testing shall be coordinated and supervised by Consultant. A. Test shall be performed at the tap location under the existing conditions. B. No accommodations shall be made to allow the City to correct problems found prior to testing. C. Prior to the commencement of testing, obtain the necessary calibration certificate For all frequency/voltage sensitive equipment which will be used in the field testing from the Grantee. D. A 100' calibrated RG-59 jumper shall be used to connect the output of a Subscriber tap to the input of the measuring equipment. II. An abbreviated proof of performance check shall be completed and tested for compliance as set forth in the following sections. A. The following test shall be performed at the headend prior to field testing and then at all subscriber network testpoints. Vistigal carrier levels Aural carrier levels Vistigal/Aural difference (calculated) Sweep Peak-to-Valley Carrier-to-Noise Low frequency distortions ("Hum") Composite Triple Beat TASO rating of picture distortions on all channels B. The following inspections shall be made at the headend: Stand-by-carriers NET patch bays and switching bridges Stand-by power generators Radio carriage Aural levels Emergency override equipment Installation of leased access equipment Microwave and satellite receive equipment C. The following inspections shall be performed at the franchisee's office and elsewhere: Telephone answering equipment Billing, converter, and converter addressing computer equipment Parental control lock systems 251-7 III. Prepare a final comprehensive report (test and summary report) following the conclusion of the performance test. A. The test report shall include a description of testing methods, testing criteria, list of locations tested, and test scores. B. The summary report ("Executive Report") shall employ graphs and charts summarizing the scores of all testpoints and make comparative analysis of the test results to the minimum standards found in the franchise and the current CFR 47 Part 76 (FCC) Rules and Regulations. 251-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AGREEMENT FOR GENERATOR PREVENTIVE MAINTENANCE AND REPAIRS CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve and authorize the City Manager and th execute the attached agreement with Dixie Die maintenance and repair services, for a two-yea three one-year renewals in an annual amount not to non-substantive changes approved by the City e Clerk of the Council to sel and Electric Inc., for r period with provision for to exceed $40,000, subject Manager and City Attorney. DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency (FMSA) maintains approximately 50 buildings and is tasked with ensuring that power will be available for essential operations during an emergency. A critical component of the emergency operation plan are 17 diesel and gas powered backup generators, strategically located at City Hall, the Corporation Yard, the Police Administration Building, the Regional Transportation Center, and ten fire stations. To maintain good working condition, the generators require inspection and service semi- annually by factory-trained technicians. Due to the critical nature of the service, staff determined that basing selection solely on cost was not in the City's best interest. Therefore, requests for proposals for preventive maintenance were solicited on June 16, 2008 and four proposals were received. Staff from both the Police Department Facilities Division and the Building Maintenance Division of the FMSA evaluated the proposals in the areas of proposal completeness, technical expertise, strength stability, references and customer service. The evaluation results are as follows: 25J-1 Agreement for Generator Maintenance October 6, 2008 Page 2 Pts. Dixie Diesel Duthie Power Quinn Generator Avail & Elec. Services Power Services Proposal completeness 20 16.33 13.67 10.00 8.67 Technical Expertise 20 16.00 11.33 06.33 07.00 Strength Stability 20 14.67 18.00 16.00 11.00 References 20 16.67 16.67 03.33 18.33 Customer Service 20 15.00 05.67 04.67 07.67 Total 100 78.67 65.34 40.33 52.67 The proposal received from Dixie Diesel and Electric, Inc. received the highest ranking from the evaluation team. A contingency of $10,000 is included to cover repairs identified during inspections. FISCAL IMPACT Funds are available in the Finance Agency Building Maintenance account (no. 73-105-6291). ti ~'~\~~'n~ ~ ' ~ 1 ~ ~,~ Francisco Gutierrez ~~J Executive Director Finance & Mgmt. Services Agency 25J-2 AGREEMENT for Maintenance and Repair of Emer~ency Power Generators THIS AGREEMENT, made and entered into this 6`h day of October, 2008 by and between DIXIE DIESEL & ELECTRIC, INC., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of generator maintenance and repair. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform maintenance and repair services for City's emergency power generators, as set forth in Contractor's Proposal, attached hereto as Exhibit A, and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $40,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25J-3 3. TERM This Agreement shall commence on the date first written above and terminate on October 5, 2010, unless terminated earlier in accordance with Section 12, below. The City is hereby granted an option to renew this Agreement for up to three additional one-year terms at the current pricing. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 2 25J-4 d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25J-5 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Finance and Management Services Agency Building Maintenance City of Santa Ana 20 Civic Center Plaza (M-11) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-5421 4 25J-6 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Dixie Diesel & Electric, Inc. Mr. Terry Smith 11552 E. Washington Blvd #E Whittier, California 90606 Fax 562-695-4800 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 5 25J-7 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25J-8 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Lama Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager DIXIE DIESEL & ELECTRIC, INC. JAMES SKAFF President Tax ID# 25J-9 EXHIBIT A SCOPE OF SERVICES 25J-10 f peci£~cations for Emergency Generators Preventive Maintenance LOCATION ANNUAL SEMI-ANNUAL ELECTRICAL COMPREHENSIVE PREVENTIVE LOAD TEST (l )~~~?j^.r `~i.sit (1)Semi Visit Santa Ana Police Dept Caterpillar Standby Generator #1 Caterpillar Standby Generator #2 Caterpillar Diesel Fire Pump TOTAL ANNUAL PRICE (1)year $Cost $ ,.i „d ,_d $1 , 977 .45X2 $ 1 , 250.00 $ 3, 227 .45 $ Included $ 1 , 977 _ 4~ x2 $ 1 , ~Sn _ nn $~, 227 .A~ $ Included $931.96 x2 $ None $ 9'~1 _4~i Santa Ana Corporate Yard Kohler Standby 400KVA Generator ~ Included $ 1, 1 4 6.5 2 x 2 $ h 0 0_ n p ~ 1 .7 4 6.5 2 MQ Power Diese1220KVA Generator $ T n c l u d e d $ i F~ 4. R_ 9 n x 2 $~Zp ~ CL9 $1 , 7 4 A_ g (L.__ Santa Ana City Hall Kohler Standby 600KVA Generator $ Included $ 1 , 4 2 5.0 0 x 2 $ 7 5 pr;11, n $~y i ~ s _~ Santa Ana Fire Stati©ns Station 1 Olympian Diesel Station 2 Genrac 2000 Diesel $ Included $1 , 056.10x2 $ 600.00 $.,,~ , 6~6 . 10 ~ Included $ 81 8 .,, 7 x 2 $ ti n n n n ,$ ~;.,.r~l.g,-1.=r Station 3 MQ Power Diesel $ Inc 1 u d e d $ 817.3 0 x 2 $ 6 0 0 .0 0 .$ ~ ,.4 ~ 7 31L Station 4 Onan Diesel $ T n ~ l ~,~ d $ R i~_ ti~ x 2 ~ 6 n n_ n n $~, a i 3,_, F,.~ Station 5 Caterpillar Diesel $ T n c- i u d P d__ ~, 9.9 CL CL6 x 2 ~ h n n_ n n $ 1,~ 9 S CL6 Train Station Included $ 820.85 $ 600.00 $ 1,420.85. 21 of 22 25J-11 ~~'~'~~~ Y ~~., A Soecif : ations for Emergency Generators Preventive Maintenance Station 6 Oran Diesel $ Tnc~l udPd $81 ~ _ 63 x2 $ 600 .00 $ 1 , 413.63 Station 7 Genrac Diesel $ I n c l u d e d 818 . 17 x 2 $ 6 0 0. 0 0 $ 1, 418.17 Station 8 MQ Power Diesel I n c l u d e d $ 817.3 0 x 2 X 6 0 0 .0 0 $ 1, 417.3 0 Station 9 Genrac Diesel $ Included $1 , 022.09 x 2 ~ 600.00 $ 1 , 622.09 Station 10 Kohler Gas ~ T n c-1 u d P d ~, R S !3 '~ x 2 $ 4 8 0. 0 0 $ 1, 1 Fi 5. 8 3 TOTAL COST $ 2 ~, 010.41 Per Year NOTE: All reference exhibit A proposals are additional parts and labor to this Agreement. All ATS PM services are additional to this Agreement A11 megging of Generator units are additional to this Agreement All the above mint be added into your Purchase Oder when issued. Reference Maintenance Agreement for breakdown of additional service options offered per unit * 2nd Year Renewal Option at same pricing 3rd Year Renewal is subiect to a 20% increase Labor rates offered: ST $ 95.00 OT $142.50 DT $ 190.00 (2 Years ONLY) COMPANY NAME Dixie Diesel & Electric Inc (Return this page with your RFP) 22 of 22 NOTE: 24/7 365 Days a year on call service. Response time within (4) hours all repairs performed have a 6-month warranty parts and labor. 25J-12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # _ Issued to Named Insured Countersigned by Authorized Representative 25J-13 25J-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: MEMORANDUMS OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT AND SANTA ANA HOUSING AUTHORITY AND SANTA ANA FEDERAL EMPOWERMENT ZONE -~ C TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding (in substantial conformity) with the Santa Ana Housing Authority and Santa Ana Federal Empowerment Zone as mandated One-Stop partners. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its Regular Meeting on July 18, 2008, by a vote of 15:0 (Claudio, de Leon, Didion, Dietz, Fischer, Lacroix, Sanchez, Wadhera, Ward absent; and Blank, Chen-Lee, Jimenez-Hami, Martinez, Syed, Ray abstained) the Workforce Investment Board recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One-Stop partners: State of California Employment Development Department, Orange County Social Services Agency, Orange County Workforce Investment Board/Senior Community Service Employment Program, Asian American Senior Citizens Service Center, Goodwill Industries of Orange County, State Department of Rehabilitation, Rancho Santiago Community College District/Santa Ana College, Santa Ana Unified School District/Central County Regional Occupational Program, Community Action Partnership of Orange County, Santa Ana One-Stop Center, Santa Ana Housing Authority, Federal Empowerment Zone, and the Southern California Indian Center. 25K-1 MOUs with WIA and Santa Ana Housing Authority and Santa Ana Federal Empowerment Zone October 6, 2008 Page 2 DISCUSSION The Workforce Investment Act (WIA) requires the Santa Ana Workforce Investment Board (WIB) establish a one-stop delivery system, which is to provide workforce development services for local adults, dislocated workers, youth and employers. The one-stop delivery system is a network of WIA mandated and optional partners who are responsible for providing services for training and employment opportunities authorized by the Act. The City of Santa Ana currently operates the One-Stop Center. At the City Council meeting of August 18, 2008, the Council approved and authorized Memorandums of Understanding (MOUs) with all of the mandated One-Stop partners. However, the recommended action inadvertently left off the Santa Ana Housing Authority and the Santa Ana Federal Empowerment Zone as One-Stop partners. This item is intended to correct the error and allow us to approve the execution of an MOU with these partners. The Memorandum of Understanding (MOU) provides for collaboration by all of the one-stop partners and creates a seamless system of service delivery designed to enhance access to the programs' services and improve long term employment outcomes for the individuals receiving services (Exhibit 1). The MOU contains the provisions required by the WIA, which includes services to be provided through the one-stop delivery system; the funding of these services and operating costs of the system; and the methods for referring individuals between the one-stop operators and partners. The MOU will be in effect for a period of two years. FISCAL IMPACT There is no fiscal impact associated with this action. c Cynthia J. elson Deputy City Manager for Development Services Community Development Agency CJN/LAS/DS/kcg 100608 WIA MOUsSAHA&FEZ 25K-2 Memorandum of Understanding (MOU) Pursuant to the Workforce In vestm ent A ct of 1998 (WIA) 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), and several agencies (having signed Attachment "A", "One- Stop Partner Commitment" and, if physically located at the One-Stop location, Attachment "B", "Resource Sharing Agreement" and Attachment "C", "Memorandum of Operation" if applicable) functioning as "One-Stop Partners" within the Santa Ana One-Stop System (hereinafter referred to as the Santa Ana WORK Center). 2. PURPOSE: The Santa Ana WORK Center, through its central location at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., and its satellite facilities, shall provide and/or coordinate workforce investment services to individuals, providing them with the necessary skills to participate in building a world-class workforce in Santa Ana. Services and referrals provided at the Santa Ana WORK Center may include, but are not limited to, the following: • Eligibility determination • Outreach, intake and orientation to services available • Initial assessment of skills, aptitudes, abilities and supportive services • lob search and placement assistance, career counseling • Provision of employment data and labor market information • Provision of performance information • Employment referral • Provision of support and follow-up services • Identification of skills required to be competitive in the local labor market • Filing for Unemployment Insurance claims • Access to CalJobs for Labor Exchange services • Help in establishing eligibility for Ca1WORKS and financial aid • Occupational skills training • On-the job training • Workplace learning with classroom training • Skills upgrading and retraining • Entrepreneurial training • Job readiness training • Adult education and literacy • Services for persons with disabilities • Serve mature workers by operating as a specialized recruitment arm for One-Stop Partners working collaboratively to connect mature workers to employers with labor shortages • Customized training for employment with specific employer 1 25K-3 Exhibit 1 • Employer services, including: job listing; job matching; candidate screening and testing; outplacement services; job analysis; and, information on available tax credits, business development planning and labor market trends. 3. DURATION: (a) This MOU shall become effective on , 2008 and terminate on 2010 or earlier if terminated by the repeal of the Workforce Investment Act of 1998 (WIA). (b) This MOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIA Plan. (c) This MOU may be extended by written agreement between the LWIB and the One-Stop Partner provided such agreement is signed by both entities, prior to the termination date of this Agreement, and contains the following: (1) A statement of intent to continue all provisions of the MOU; (2) Revised effective and termination dates; (3) Revised Attachment Aand/or B, as appropriate; (4) Dated signatures of the Administrator of the partner agency and the Chief Elected Official of the WIB. {d) Any party may withdraw from this MOU by giving written notice of intent to withdraw at least 30 calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended. Notice of withdrawal shall be given to the WIB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties pursuant to Section 1. Courtesy notification shall be made to all parties of this MOU in a timely manner. (e) Should any One-Stop Partner withdraw, this MOU shall remain in effect with respect to the other remaining One-Stop Partners. 4. MODIFICATION AND ASSIGNMENT: This MOU may be modified at any time by written agreement of the parties. Assignment of responsibilities under this MOU by any of the parties shall be effective upon written notice to the WIB. Any assignee shall also commit in writing to the terms of this MOU. 5. ONE-STOP SYSTEM DESCRIPTION: The one-stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOU by reference. 2 25K-4 6. CROSS REFERRALS: The One-Stop Partners will adopt common intake/cross referral arrangements, which include, by reference, those listed in the local WIA plan, including modifications thereto. The methods and/or resources utilized may include some or all of the following: cross-training of staff, in-house staff, electronic case management systems, co-enrollments, appointments, a-mail and phone call. 7. CONFIDENTIALITY: The WIB agrees that when any individual applies for or receives services from and the partner agency through the One-Stop Center, all information regarding such application for or receipt of services shall be confidential information subject to the provisions of 34 CFR 361.38. The parties agree to honor the confidentiality provisions as described in the local WIA plan, including modifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the most restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information. 8. RESOURCE SHARING: The parties agree to share resources in accordance with the attached Resource Sharing Agreement. It is expressly understood that this MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the future as the parties' allocations and budgets are known and the one-stop system evolves. The one-stop system is a work in progress and its costs and the partners' resource contributions will not remain static from month to month or from year to year. The Resource Sharing Agreement is meant to be reviewed yearly and may be modified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the agency Administrator. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Chair of the WIB, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Finally, if the Executive Committee's resolution efforts fail, any party may file a grievance in accordance with the State of California's WIA grievance procedures. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 10. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 3 25K-5 11. JURISDICTION: Jurisdiction over any disputes under this MOU shall reside in Orange County, California. 12. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees in the performance of this MOU. 13. SIGNAGE & COMMUNICATION OF PARTICIPATION: The Santa Ana WORK Center shall provide wall signage listing the names of current participating partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 14. ACCESSIBILITY ASSURANCES AND CERTIFICATIONS: The parties agree to abide by all applicable non-discrimination federal and state laws. The WIB and the One-Stop partners will ensure that policies and procedures established by the WIB and the One-Stop partners are in compliance with the Americans with Disabilities Act (ADA). The Santa Ana WORK Center will assure its services and premises are accessible to persons with disabilities under the requirements of the Americans with Disabilities Act. 15. INSURANCE: The One-Stop Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty/crime coverages. 16. AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 4 25K-6 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE LOCAL ELECTED OFFICIAL Signature Name and Title Address Date FOR THE SANTA ANA WORKFORCE INVESTMENT BOARD Signature Date Name and Title Address ONE-STOP PARTNER Signature Date Name and Title Address Approved as to Form: JOSEPH W. FLETCHER, City Attorney By: Lisa E. Storck, Assistant City Attorney 5 25K-7 Attachment "A" One-Stop Partner Commitment 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), the and other agencies (identified in the "One-Stop Partner Commitment", Attachments "A" and "B: to this MOU) functioning as "One-Stop Partners" within the Santa Ana One- Stop System (hereinafter referred to as the Santa Ana WORK Center). In addition to accepting the provisions contained in the MOU, the commits to the following: Agency Services to be provided on-site at the Santa Ana WORK Center: Full-time equivalents (FTEs) of Agency Staff Assigned to Santa Ana WORK Center: Hours/days per week Agency Staff Assigned to Santa Ana WORK Center: PERFORMANCE GOALS: Customer Service All on-site, One-Stop Partners shall commit to the following goals for the WORK Center: 1. To conform to a uniform policy of customer service; 2. To develop customer service principles all One-Stop Partners must implement; 3. To implement an on-going system for measuring customer service levels; and, 4. To participate in a task force empowered to oversee, measure and respond to customer service data. 25K-8 Attachment "A", Page 2 Quantifiable Service Outcomes AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments which are incorporated therein have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. FOR THE (Legal Name of Partner Agency) Signature Date Name and Title Address REVISED 5/08 25K-9 25K-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT RECOGNIZING FRIENDS OF THE SANTA ANA ZOO'S CONTRIBUTIONS TO TIERRA DE LAS PAMPAS EXHIBIT AT THE SANTA ANA ZOO AT PRENTICE PARK t« ~ -----~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMQER 1. Authorize the City Manager and Clerk of the Council to execute the attached funding agreement with the Friends of Santa Ana Zoo for the development of the Tierra de las Pampas Exhibit at the Santa Ana Zoo at Prentice Park, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $500,213 in donations from the Friends of the Santa Ana Zoo and various other contributions in the Recreation Special Fees and Donations revenue account (no. 22-O1-various) and appropriating same to the Recreation Special Fees and Donations expenditure account (no. 22-231-6631) for the Tierra de las Pampas Exhibit Area Project at the Santa Ana Zoo at Prentice Park. DISCUSSION The "Tierra de las Pampas" project is a grasslands exhibit area that will be developed at the Santa Ana Zoo at Prentice Park. The project will add a new anteater exhibit area to the permanent exhibits of the Santa Ana Zoo at Prentice Park, and begin development of two new multi-species exhibit areas for the rheas and guanacos. The Friends of the Santa Ana Zoo (FOSAZ) fundraising campaign for the Tierra de las Through its efforts, FOSAZ was recently awarded Weingart Foundation that has been designated f the Weingart grant, FOSAZ has been successful grants and donations, and plans to continue its launched an aggressive Pampas project in 2006. a $200,000 grant from the or the project. Including in obtaining $443,937 in fundraising endeavors. 25L-1 Agreement and Appropriation Adjustment for the Tierra de las Pampas Project October 6, 2008 Page 2 The money raised by FOSAZ will be leveraged with grant funding received by the City of Santa Ana and $56,276 in contributions from various other sources, including the Santa Ana Chapter of the University of California, Irvine Alumni Association, Disney, the County of Orange and employee charitable contributions, to complete the Tierra de las Pampas exhibit. FISCAL IMPACT The appropriation adjustment will enhance the Recreation Special Fees and Donations revenue account (no. 22-Ol-various) and the Recreation Special Fees and Donations expenditure account (no. 22-231-6631) for the Tierra de las Pampas project by $500,213. ~~` ~~' w Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ,G/ Executive Director ("' Finance and Management Services Agency 25L-2 FUNDING AGREEMENT FOR THE DEVELOPMENT OF THE TIERRA DE LAS PAMPAS EXHIBIT AT THE SANTA ANA ZOO AT PRENTICE PARK This Funding Agreement (the "Agreement"), made and entered into 6th day of October 2008, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California, (the "CITY"), and the Friends of the Santa Ana Zoo, a California nonprofit corporation, (the "FRIENDS"). RECITALS WHEREAS, the FRIENDS, a California non-profit organization, is generating support revenues and donations for the CITY to operate and develop the Santa Ana Zoo at Prentice Park; and WHEREAS, CITY and FRIENDS desire to develop the "Tierra de las Pampas" grasslands exhibit (hereinafter "the Project") at the Zoo; and WHEREAS, the FRIENDS desire to provide certain funding for the Project, a portion of which is grant funding; and WHEREAS, CITY will also provide certain funding and will oversee and manage the design and inspection to ensure that the Project complements the Santa Ana Zoo master plan and meets all governmental codes and requirements. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: Scope of Agreement The purpose of this Agreement is to provide for the funding of the Tierra de las Pampas exhibit within the Santa Ana Zoo at Prentice Park (the "Project"). The FRIENDS have raised funds in grants and contributions of which $243,937.00 remains to be contributed to the CITY for the design and construction of the Project (the "Friends Funds"). The Weingart Foundation has pledged an additional $200,000 to the FRIENDS which funds have been designated for the Project upon completion of conditions. 2. CITY Duties A. CITY shall prepare plans and specifications for the design, and installation of the Project. Said plans and specifications shall be in conformity with all applicable federal, state and local laws and regulations. B. CITY shall manage the solicitation and selection of project proposals from qualified firms and contractors for all work necessary to the design and/or installation 25L-3 of the Project in accordance with City approved plans and specifications C. CITY shall manage and oversee all phases of the installation of the Project, using staff to inspect and approve all phases of the project. D. The construction of the Project shall be funded from a variety of funds, including the City and Friends Funds. CITY shall supply the FRIENDS with quarterly written progress reports which will include financial information in the format specified by FRIENDS. The FRIENDS Duties A. FRIENDS shall provide guidance and input pertaining to the design, plans, specifications and installation of improvements constituting the Project. B. FRIENDS shall assist with compliance with Weingart Foundation Grant guidelines to timely obtain grant funds and disburse those funds to CITY. C. FRIENDS shall transfer to City, Friends Funds (excluding the Weingart Foundation grant) including grants and contributions which have been collected on behalf of the City for the Project. Said transfer to the City shall occur prior to the City award of a construction contract. D. FRIENDS shall continue to fundraise on behalf of the Project, and to transfer grants and contributions to City as they are raised by the FRIENDS. 4. Time for Performance All work required pursuant to this Agreement shall commence upon the CITY's approval of the Project, including executing a construction contract and construction start date and required permits obtained prior to December 31, 2008. Ownership and Maintenance The Tierra de las Pampas exhibit shall be the property of the CITY, and CITY shall have maintenance responsibilities thereof. 6. Preparation and Ownership of Documents It is hereby understood that any and all documents pertaining to the Project design and construction, including applicable "as-built" drawings, will be created in accordance with the highest professional quality. All development documents and drawings shall remain the property of the CITY. 7. Financial Requirements The CITY shall account for all funds requested by and released pursuant to this 25L-4 Agreement and the disbursement thereof. The CITY shall maintain a full set of books on a double entry basis in accordance with generally accepted accounting principles, procedures, and regulations as deemed necessary by the CITY. Such records shall be maintained by qualified personnel and in a timely manner. All financial reports and schedules shall be prepared in accordance with generally accepted accounting principles and CITY reporting requirements. 8. Indemnification CITY agrees to save, indemnify, defend and hold harmless, FRIENDS, its board members, directors, officers, agents and employees from any and all claims, demands, losses, liens, expenses (including reasonable attorney's fees) or liability, including but not limited to claims of damage of property or injury to or death of persons accruing or resulting to any and all contractors, subcontractors, materials men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement by the CITY and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the CITY in the performance of this Agreement. 9. Conflict of Interest The following protections against conflict of interest will be upheld: A. CITY and FRIENDS certify that no member, officer, or employee of the CITY and/or FRIENDS or its designees or agents, and no other public official of CITY and/or FRIENDS who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter. B. CITY and FRIENDS certify that no one who has any financial interest in this Agreement or receives compensation for services from CITY or FRIENDS is related by blood or marriage within the third degree to the Mayor or any one or more of the members of the City Council, City Manager, or the head of the department and/or Friends' Board to which these services are to be provided pursuant to this Agreement. 10. Governing_Law This Agreement shall be governed by the laws of the State of California. 11. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows: 25L-5 CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 With a copy to: Recreation and Community Services Agency 888 Santa Ana Boulevard, Suite 200 Santa Ana, CA 92701 ATTN: Executive Director FRIENDS: Friends of the Santa Ana Zoo 12. Modifications 1801 E. Chestnut Santa Ana, CA 92701 Attn: Catherine Decker, Executive Director This Agreement may be modified only by written Agreement of all the parties. 13. Signs and Interpretive Aids At the beginning of construction of the Project, at least one temporary sign acknowledging FRIENDS' assistance shall be located on or near the project site, to the extent feasible. This sign may indicate the percentage and dollar amount financed by FRIENDS and non-Friends funds. Project signs shall remain installed until the completion of the Project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager FRIENDS OF THE SANTA ANA ZOO CATHERINE DECKER President 25L-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AMENDMENT TO AGREEMENT WITH ABBEY GROUP TO PROVIDE AUTOMATED BOOKING SYSTEM MAINTENANCE ~~.~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Abbey Group, Inc. to provide additional services in a total aggregate amount not to exceed $54,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 3, 2008, Council approved the agreement with Abbey Group to purchase a multi-faceted Automated Booking System. The system consists of an integrated jail management system with jail reporting, fingerprinting, and booking modules that can be operated by non-sworn police personnel. The basic support and maintenance that Abbey Group provides does not include services to the Visiphor application or its communication protocols. This one-year service amendment to the agreement will provide support of the web services to receive and to return acknowledgment to the Visiphor application for an annual maintenance fee of $54,000. FISCAL IMPACT Funds are available in the Police Department's Computer Services account (no. 11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Paul M. Walters Chief of Police Police Department ~~~ Francisco Gutierrez Executive Director /J Finance & Mgmt. Services Agency~,(~ 25M-1 FIRST AMENDMENT TO SOFTWARE MAINTENANCE AGREEMENT T THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, by and between ABBEY GROUP CONSULTANTS, INC., a Nevada corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2008-045, dated March 3, 2008, (hereinafter "said Agreement") by which Consultant has provided interfacing and support services relating to the Jail Management computer automated system previously developed and implemented by Abbey Group. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to pay for additional interfacing services and maintenance services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of this Agreement shall commence on March 3, 2008 and shall continue through September 30, 2009. The term of said Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney, for City and by Abbey Group." 2. Section 4.1 (a), "Fees and Payment, Annual Support Fees", shall be amended to adjust the annual support fee set forth in Exhibit 2 by deleting said Exhibit 2 and replacing it with Exhibit 2-A, which shall read in full as follows: "Consultant will provide the Basic Support described in Section 2.1 [Basic Support] of the Agreement for the Jail Photo Imaging System, Jail Corrections Management System and interfaces for an annual maintenance fee of $47,147.36 for the annual term commencing October 1, 2008 and running through September 30, 2009. Consultant will provide interfacing and support services providing an interface of Consultant's Jail Corrections Management System (JCMS) with the Visiphor, Inc. `FastBook' system to accommodate field bookings. These services shall include support of the web services provided by Consultant to receive and to return acknowledgements to the Visiphor application. This support and maintenance does not include services to the Visiphor application or the communications protocols provided by Visiphor, Inc. Consultant will provide such interfacing support services for a fee of $5,000 during the extended term of said Agreement." 25M-2 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ABBEY GROUP CONSULTANTS, INC. Bv: Laura Sheedy Assistant City Attorney (NAME) (Title) 25M-3 25M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2008 TITLE: AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)AND RESOLUTION FOR SEASONAL AND OTHER UNAFFILIATED CLASSES OF NON-CIVIL SERVICE PART TIME LOYEES -- CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve the attached agreement between the City and the Service Employees International Union, Local 721, regarding wages, hours and other terms and conditions of employment for part-time non-civil service employees subject to non-substantive changes approved by the City Manager and City Attorney. 2. Adopt a Resolution regarding salary for seasonal and other unaffiliated classifications of non-civil service part-time employees. DISCUSSION The City and Service Employees International Union (SEIU), Local 721, representing Part-Time Non-Civil Service employees (less than 20 hours) recently completed contract negotiations, resulting in a one-year contract extension (see attachment) of the existing Memorandum of Understanding (MOU), which expired on June 30, 2008. This agreement will extend the MOU from July 1, 2008 through June 30, 2009. The provisions of the extended MOU are as follows: 1. Salary Increases: October 11, 2008 = 4.0% January 11, 2009 = 2.5% 2. Safety Shoes: The City agrees to pay up to two hundred dollars $200) per fiscal year per affected employee, for the purchase of one pair of approved safety shoes/boots. 25N-1 Agreement and Resolution with SEIU Local 721 October 6, 2008 Page 2 In addition, the subject actions will provide salary increases to seasonal and other unaffiliated classes of non-civil service part-time employees consistent with those provided for represented non-civil service part-time employees. FISCAL IMPACT Funds are available in the affected departmental Salaries and Wages Temporary accounts (Object code 6131). Estimated total cost for Fiscal Year 2008-09 of the contract extension to the MOU for Part-Time Non-Civil Service employees represented by SEIU is $108,132. Estimated total cost for Fiscal Year 2008-09 of providing salary increases to seasonal and other unaffiliated classes of non-civil service part-time employees is $24,451. APPROVED AS TO FUNDS AND ACCOUNTS: nrique A Execu e D'r for Perso el S vices Department Francisco Gutierrez ~1_,/' Executive Director '~"~ Finance & Mgmt. Services Agency 25N-2 A ONE-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING FOR PART-TIME EMPLOYEES BETWEEN THE CITY OF SANTA ANA AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721 FOR FISCAL YEAR 2008-2009 The City of Santa Ana (City) and the Service Employees International Union (SEIU) have met and agreed to amend the Memorandum of Understanding (MOU) between the City and the part-time non-civil service employees represented by SEIU for Fiscal Years 2004-2008 by extending this MOU for an additional one year. The existing MOU provisions will remain unchanged unless addressed by this addendum. The expiration date of this contract extension will be June 30, 2009. The following constitute the agreed upon changes to the MOU: Amend Article IV Compensation and Overtime to include the following provisions under Section 4.1. 4.1 Wage Rate Schedule. G. Effective October 11, 2008, the base salaries of employees covered by this Agreement shall be increased by approximately four percent (4%). H. Effective January 11, 2009, the base salaries of employees covered by this Agreement shall be increased by approximately two and one-half percent (2.5%). Amend Article VI Uniform Maintenance & Safety Shoes to include the following changes under Section 6.2. 6.2 Safety Shoes. A. The City Agrees to pay up to two hundred dollars ($200) per fiscal year per affected employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee. 8. All safety shoes/boots purchased under this program must meet the requirements under the American Society for Testing and Materials (ASTM) F 2412-05 and F 2413-05. C. If a particular class of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that class to wear the type of safety shoe (boot or low-quarter) deemed to be appropriate by the Department Head (some exemptions may be allowed, on acase-by--case basis, depending on the type and amount of exposure to hazard in particular positions and subject to the approval or disapproval of the City's Safety Officer). 25N-3 D. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. Amend Article XIV Term of Agreement to include the following changes. 14.1 The term of Agreement shall be from July 1, 2004 through 8~ June 30, 2009. Amend ARTICLE XV Ratification and Execution to state as follows: 15.0 RATIFICATION & EXECUTION 15.1 The City and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto shall jointly urge said Council to adopt this Agreement which provides for the wages, hours and other terms and conditions of employment for employees represented by the Part Time Employees Representation unit. The City and the Union acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Union and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Union and entered into this 6th day of October 2008. CITY OF SANTA ANA, a municipal corporation of the State of California Dated: Bv: CITY MANAGER ASSISTANT DIRECTOR OF PERSONNEL SERVICES By: 25N-4 This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local ~ 721, AFL-CIO, Part Time Employees Representation Unit. Dated: Joaquin Avalos SEIU Field Representative David Biondolillo, President Robert Penney SEIU Field Representative 25N-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY Adopted this day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Bv: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Memorandum of Understanding to be the original adopted by the City Council of the City of Santa Ana on ,and that said Memorandum of Understanding was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of the Council City of Santa Ana 25N-6 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110 AND 85-27 TO REFLECT CHANGES REGARDING REPRESENTED PART-TIME TITLES AND PROVIDE PAY INCREASES FOR ALL UNAFFILIATED PART-TIME TITLES FOR FISCAL YEARS 2008-2009 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 all officers and employees of the City of Santa Ana. C. On February 4, 1985, the City Council passed and adopted Resolution No. 85-27 establishing the exempt classification of Management Intern in the office of the City Manager. D. On July 20, 1992, the City Council passed and adopted Resolution No. 92-071, amending Resolution No. 82-110 to set forth wage rates for Unaffiliated and Represented Part-Time titles, respectively. E. The City Council has approved aone-year contract extension of the existing Memorandum of Understanding (MOU) with Santa Ana City Employees, Chapter 1939/Service Employees International Union (SEIU) Local 721 AFL-CIO Part Time Employee Representation Unit for fiscal years 2008-2009 providing an across-the-board four percent (4.0%) base hourly wage increase effective October 11, 2008, plus an additional across-the-board two and one-half percent (2.5%) base hourly wage increase effective January 11, 2009. F. It is now proposed to provide Unaffiliated Non-Civil Service Part-Time classification titles with the same across-the-board increases on the same effective date(s) and in the same manner as those provided for Represented Non-Civil Service Part-Time classification titles, and to set forth a comprehensive listing of hourly wage rates for both Unaffiliated and 25N-7 Represented Part-Time titles in the City's Basic Classification and Compensation Plan. G. It is now desired to amend the City's Basic Classification and Compensation Plan in order to effect these changes. Section 2: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, is hereby further amended to read as follows: "Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non-Civil Service Part-Time Employment. Part-time employees in Unaffiliated classification titles listed in Attachment A, hereto, shall receive wages based on the hourly pay rates shown in this attachment effective October 11, 2008, and January 11, 2009, respectively. Attachment "A" is hereby incorporated into and made part of this section." Section 3: That Section 3.5.2 Classification Titles and Wage Rates for Long- Term Represented Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, is hereby further amended to read as follows: "Section 3.5.2 Classification Titles and Wage Rates for Long-Term Represented Categories of Non-Civil Service Part-Time Employment. Part-time employees in classification titles listed in Attachment B, hereto, shall receive wages based on the hourly pay rates shown in this attachment effective October 11, 2008, and January 11, 2009, respectively. Attachment "B" is hereby incorporated into and made part of this section." Section 4: That Section 2 of Resolution No. 85-27, as amended, is hereby further amended by increasing the assigned hourly rates for the exempt classification of Management Intern from ($17.52 - $18.39) to ($18.22 - $19.13) effective October 11, 2008. Effective January 11, 2009, said rates shall be increased to ($18.68 - $19.61). Section 5: That except as amended by this Resolution, all other provisions of Resolution Nos. 82-110 and 85-27 shall remain in full force and effect. Section 6: That except as stated otherwise above, this Resolution shall be operative from and after October 6, 2008. ADOPTED this 6th day of October, 2008. Miguel A. Pulido Mayor 25N-8 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. 2008- 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 25N-9 ATTACHMENT "A" CLASSIFICATION TITLES AND WAGE RATES FOR UNAFFILIATED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective October 11, 2008 JOB TITLE ADMINISTRATIVE INTERN ANIMAL CONTROL OFFICER ANIMAL SERVICES COORDINATOR ANIMAL SERVICES OUTREACH COORDINATOR BACKGROUND INVESTIGATOR BUDGET INTERN COLD CASE INVESTIGATOR ENGINEERING INTERN FINGERPRINT EXAMINER FIRE COMMUNICATIONS OPERATOR FIRE PREVENTION ASSISTANT FORENSIC BALLISTICS TECHNICIAN JAIL TRANSPORTATION OFFICER LAW CLERK MANAGEMENT INTERN POLICE CADET POLICE SPECIAL EVENTS OFFICER PROFESSIONAL STANDARDS INVESTIGATOR REDEVELOPMENT PROJECT COORDINATOR SR. ADMINISTRATIVE INTERN STUDENT INTERN STEP A STEP B STEP C STEP D STEP E $11.93 $12.54 $13.18 $13.82 $14.52 23.38 24.55 25.78 27.07 28.42 50.30 52.89 55.48 58.24 61.13 23.38 24.55 25.78 27.07 28.42 27.76 29.14 30.61 32.14 33.76 15.79 16.58 17.41 18.26 19.18 27.76 29.14 30.61 32.14 33.76 15.79 16.58 17.41 18.26 19.18 29.15 30.62 32.14 33.75 35.43 27.61 29.01 30.46 31.99 33.58 24.43 25.66 26.95 28.29 29.70 23.96 25.17 26.43 27.76 29.14 25.17 26.43 27.76 29.14 30.61 14.73 15.45 16.22 17.06 17.90 18.22 19.13 9.94 10.43 10.98 11.53 12.13 18.06 18.97 19.91 20.92 21.98 27.76 29.14 30.61 32.14 33.76 41.03 43.08 45.23 47.49 49.86 14.36 15.08 15.86 16.63 17.45 8.32 8.74 9.17 9.63 10.11 CLASSIFICATION TITLES AND WAGE RATES FOR UNAFFILIATED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective January 11, 2009 JOB TITLE ADMINISTRATIVE INTERN ANIMAL CONTROL OFFICER ANIMAL SERVICES COORDINATOR ANIMAL SERVICES OUTREACH COORDINATOR BACKGROUND INVESTIGATOR BUDGET INTERN COLD CASE INVESTIGATOR ENGINEERING INTERN FINGERPRINT EXAMINER FIRE COMMUNICATIONS OPERATOR FIRE PREVENTION ASSISTANT FORENSIC BALLISTICS TECHNICIAN JAIL TRANSPORTATION OFFICER LAW CLERK MANAGEMENT INTERN STEP A STEP B STEP C STEP D STEP E $12.23 $12.85 $13.51 $14.17 $14.88 23.96 25.16 26.42 27.75 29.13 51.56 54.21 56.87 59.70 62.66 23.96 25.16 26.42 27.75 29.13 28.45 29.87 31.38 32.94 34.60 16.18 16.99 17.85 18.72 19.66 28.45 29.87 31.38 32.94 34.60 16.18 16.99 17.85 18.72 19.66 29.88 31.39 32.94 34.59 36.32 28.30 29.74 31.22 32.79 34.42 25.04 26.30 27.62 29.00 30.44 24.56 25.80 27.09 28.45 29.87 25.80 27.09 28.45 29.87 31.38 15.10 15.84 16.63 17.49 18.35 18.68 19.61 25N-10 ATTACHMENT "A" CLASSIFICATION TITLES AND WAGE RATES FOR UNAFFILIATED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective January 11, 2009 JOB TITLE STEP A STEP B STEP C STEP D STEP E POLICE CADET $ 10.19 $ 10.69 $ 11.25 $ 11.82 $ 12.43 POLICE SPECIAL EVENTS OFFICER 18.51 19.44 20.41 21.44 22.53 PROFESSIONAL STANDARDS INVESTIGATOR 28.45 29.87 31.38 32.94 34.60 REDEVELOPMENT PROJECT COORDINATOR 42.06 44.16 46.36 48.68 51.11 SR. ADMINISTRATIVE INTERN 14.72 15.46 16.26 17.05 17.89 STUDENT INTERN 8.53 8.96 9.40 9.87 10.36 25N-11 ATTACHMENT "B" CLASSIFICATION TITLES AND WAGE RATES FOR LONG-TERM REPRESENTED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective October 11, 2008 JOB TITLE STEP A STEP B STEP C STEP D STEP E ACCOUNT CLERK I $ 17.92 $ 18.79 $ 19.74 $ 20.72 $ 21.76 ACCOUNT CLERK II 19.82 20.81 21.87 22.95 24.10 ACCOUNTANT 30.45 31.98 33.57 35.26 37.02 ADMINISTRATIVE AIDE 22.72 23.86 25.05 26.31 27.62 ANIMAL KEEPER I 11.16 11.73 12.30 12.93 13.56 ANIMAL KEEPER II 12.95 13.58 14.27 14.98 15.72 BUILDING MAINTENANCE ASSISTANT 19.52 20.50 21.52 22.62 23.73 CASHIER 10.95 11.50 12.08 12.70 13.33 CLERICAL AIDE 12.81 13.45 14.15 14.87 15.59 CLERICAL ASSISTANT 8.32 8.74 9.17 9.63 10.11 CLERK TYPIST I 14.09 14.79 15.54 16.32 17.12 CLERK TYPIST II 16.56 17.38 18.25 19.16 20.10 COMBINATION INSPECTOR 27.76 29.14 30.61 32.14 33.76 COMMUNITY CENTER AIDE 16.92 17.77 18.65 19.59 20.58 COMPUTER TECHNICIAN 18.06 18.97 19.91 20.92 21.98 CROSSING GUARD 9.33 9.81 10.29 10.80 11.34 CUSTOMER SERVICE CLERK 18.61 19.52 20.51 21.53 22.62 DATA ENTRY CLERK 15.43 16.21 17.05 17.89 18.78 EQUIPMENT SERVICES ATTENDANT 17.38 18.22 19.16 20.09 21.11 GENERAL ASSISTANT 8.32 8.74 9.17 9.63 10.11 GRAPHICS AIDE 12.66 13.31 13.96 14.66 15.40 HOUSING AUTHORITY ASSISTANT 19.99 20.99 22.05 23.16 24.32 JANITOR 14.23 14.94 15.68 16.47 17.32 LIBRARIAN (PART TIME) 20.70 21.74 22.83 23.98 25.18 LIBRARY ASSISTANT 17.43 18.30 19.21 20.19 21.21 LIBRARY CLERK I 14.52 15.24 16.01 16.81 17.63 LIBRARY CLERK II 16.08 16.88 17.71 18.61 19.52 LOSS CONTROL OFFICE ASSISTANT 17.97 18.88 19.80 20.80 21.84 MAINTENANCE AIDE I 8.32 8.74 9.17 9.63 10.11 MAINTENANCE AIDE II 9.73 10.21 10.72 11.28 11.85 MOBILE LIBRARY CLERK 17.69 18.61 19.51 20.50 21.52 MUNICIPAL UTILITY READER/COLLECTOR 17.80 18.69 19.61 20.60 21.64 PAGE 8.32 8.74 9.17 9.63 10.11 PAINTER 16.87 17.69 18.60 19.51 20.50 PARK MAINTENANCE ASSISTANT 15.08 15.84 16.64 17.49 18.36 PARK RANGER (PART TIME) 25.04 26.30 27.61 29.00 30.46 PARK SECURITY GUARD 18.06 18.97 19.91 20.92 21.98 PARKING METER MAINTENANCE AIDE 16.39 17.20 18.08 18.98 19.92 PERMIT PARKING AIDE 19.21 20.18 21.21 22.24 23.37 PLANNING TECHNICIAN 22.83 23.96 25.17 26.43 27.76 POLICE RECORDS CLERK I 15.51 16.29 17.10 17.96 18.86 POLICE RECORDS CLERK II 16.87 17.69 18.61 19.51 20.50 25N-12 ATTACHMENT "B" CLASSIFICATION TITLES AND WAGE RATES FOR LONG-TERM REPRESENTED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective October 11, 2008 JOB TITLE STEP A STEP B STEP C STEP D STEP E POLICE SUPPLY CLERK $ 16.92 $ 17.77 $ 18.65 $ 19.59 $ 20.58 PROGRAM COORDINATOR 14.65 15.39 16.15 16.96 17.84 PROGRAM LEADER I 8.32 8.74 9.17 9.63 10.11 PROGRAM LEADER II 10.12 10.62 11.15 11.72 12.28 PURCHASING AGENT 28.31 29.72 31.21 32.77 34.40 PURCHASING CLERK 17.85 18.73 19.70 20.66 21.69 RECREATION PROGRAM LEADER (T) 8.32 8.74 9.17 9.63 10.11 RIGHT OF WAY TECHNICIAN 14.36 15.08 15.86 16.63 17.45 SENIOR ADMINISTRATIVE AIDE 25.01 26.25 27.57 28.95 30.40 SENIOR CLERICAL AIDE 14.52 15.24 16.01 16.81 17.63 SENIOR PROGRAM LEADER 11.98 12.55 13.20 13.84 14.54 SPECIAL EMPLOYMENT COUNSELOR I 9.61 10.09 10.61 11.12 11.68 SPECIAL EMPLOYMENT COUNSELOR II 11.81 12.40 13.02 13.69 14.36 SPECIAL EMPLOYMENT COUNSELOR III 13.31 13.96 14.66 15.40 16.17 SPECIAL EVENTS LEADER I 11.68 12.25 12.86 13.51 14.19 SPECIAL EVENTS LEADER II 14.23 14.94 15.68 16.47 17.32 SPORTS ATTENDANT 8.32 8.74 9.17 9.63 10.11 SR. LIBRARY ASSISTANT 18.51 19.42 20.38 21.42 22.48 SR. MAINTENANCE AIDE I 11.10 11.65 12.22 12.83 13.47 SR. MAINTENANCE AIDE II 12.59 13.24 13.89 14.57 15.32 SR. MAINTENANCE WORKER 15.79 16.58 17.41 18.26 19.18 SR. SPECIAL EMPLOYMENT COUNSELOR 14.36 15.08 15.86 16.63 17.45 SR. TUTOR 14.02 14.73 15.45 16.22 17.06 STORES AIDE 16.58 17.41 18.26 19.18 20.13 STRUCTURAL PLAN EXAMINER I 30.46 31.99 33.58 35.27 37.02 STRUCTURAL PLAN EXAMINER II 32.61 34.25 35.95 37.75 39.63 SUPERVISING PARK RANGER (PART TIME) 28.29 29.72 31.21 32.77 34.40 TUTOR 11.81 12.40 13.02 13.69 14.36 CLASSIFICATION TITLES AND WAGE RATES FOR LONG-TERM REPRESENTED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective January 11, 2009 JOB TITLE STEP A STEP B STEP C STEP D STEP E ACCOUNT CLERK I $ 18.37 $ 19.26 $ 20.23 $ 21.24 $ 22.30 ACCOUNT CLERK II 20.32 21.33 22.42 23.52 24.70 ACCOUNTANT 31.21 32.78 34.41 36.14 37.95 ADMINISTRATIVE AIDE 23.29 24.46 25.68 26.97 28.31 ANIMAL KEEPER I 11.44 12.02 12.61 13.25 13.90 25N-13 ATTACHMENT "B" CLASSIFICATION TITLES AND WAGE RATES FOR LONG-TERM REPRESENTED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective January 11, 2009 JOB TITLE STEP A STEP B STEP C STEP D STEP E ANIMAL KEEPER II $ 13.27 $13.92 $ 14.63 $ 15.35 $ 16.11 BUILDING MAINTENANCE ASSISTANT 20.01 21.01 22.06 23.19 24.32 CASHIER 11.22 11.79 12.38 13.02 13.66 CLERICAL AIDE 13.13 13.79 14.50 15.24 15.98 CLERICAL ASSISTANT 8.53 8.96 9.40 9.87 10.36 CLERK TYPIST I 14.44 15.16 15.93 16.73 17.55 CLERK TYPIST II 16.97 17.81 18.71 19.64 20.60 COMBINATION INSPECTOR 28.45 29.87 31.38 32.94 34.60 COMMUNITY CENTER AIDE 17.34 18.21 19.12 20.08 21.09 COMPUTER TECHNICIAN 18.51 19.44 20.41 21.44 22.53 CROSSING GUARD 9.56 10.06 10.55 11.07 11.62 CUSTOMER SERVICE CLERK 19.08 20.01 21.02 22.07 23.19 DATA ENTRY CLERK 15.82 16.62 17.48 18.34 19.25 EQUIPMENT SERVICES ATTENDANT 17.81 18.68 19.64 20.59 21.64 GENERAL ASSISTANT 8.53 8.96 9.40 9.87 10.36 GRAPHICS AIDE 12.98 13.64 14.31 15.03 15.79 HOUSING AUTHORITY ASSISTANT 20.49 21.51 22.60 23.74 24.93 JANITOR 14.59 15.31 16.07 16.88 17.75 LIBRARIAN (PART TIME) 21.22 22.28 23.40 24.58 25.81 LIBRARY ASSISTANT 17.87 18.76 19.69 20.69 21.74 LIBRARY CLERK I 14.88 15.62 16.41 17.23 18.07 LIBRARY CLERK II 16.48 17.30 18.15 19.08 20.01 LOSS CONTROL OFFICE ASSISTANT 18.42 19.35 20.30 21.32 22.39 MAINTENANCE AIDE I 8.53 8.96 9.40 9.87 10.36 MAINTENANCE AIDE II 9.97 10.47 10.99 11.56 12.15 MOBILE LIBRARY CLERK 18.13 19.08 20.00 21.01 22.06 MUNICIPAL UTILITY READER/COLLECTOR 18.25 19.16 20.10 21.12 22.18 PAGE 8.53 8.96 9.40 9.87 10.36 PAINTER 17.29 18.13 19.07 20.00 21.01 PARK MAINTENANCE ASSISTANT 15.46 16.24 17.06 17.93 18.82 PARK RANGER (PART TIME) 25.67 26.96 28.30 29.73 31.22 PARK SECURITY GUARD 18.51 19.44 20.41 21.44 22.53 PARKING METER MAINTENANCE AIDE 16.80 17.63 18.53 19.45 20.42 PERMIT PARKING AIDE 19.69 20.68 21.74 22.80 23.95 PLANNING TECHNICIAN 23.40 24.56 25.80 27.09 28.45 POLICE RECORDS CLERK I 15.90 16.70 17.53 18.41 19.33 POLICE RECORDS CLERK II 17.29 18.13 19.08 20.00 21.01 25N-14 ATTACHMENT "B" CLASSIFICATION TITLES AND WAGE RATES FOR LONG-TERM REPRESENTED CATEGORIES OF NON-CIVIL SERVICE PART TIME EMPLOYMENT Effective January 11, 2009 JOB TITLE STEP A STEP B STEP C STEP D STEP E POLICE SUPPLY CLERK $ 17.34 $ 18.21 $ 19.12 $ 20.08 $ 21.09 PROGRAM COORDINATOR 15.02 15.77 16.55 17.38 18.29 PROGRAM LEADER I 8.53 8.96 9.40 9.87 10.36 PROGRAM LEADER II 10.37 10.89 1'4.43 12.01 12.59 PURCHASING AGENT 29.02 30.46 31.99 33.59 35.26 PURCHASING CLERK 18.30 19.20 20.19 21.18 22.23 RECREATION PROGRAM LEADER (T) 8.53 8.96 9.40 9.87 10.36 RIGHT OF WAY TECHNICIAN 14.72 15.46 16.26 17.05 17.89 SENIOR ADMINISTRATIVE AIDE 25.64 26.91 28.26 29.67 31.16 SENIOR CLERICAL AIDE 14.88 15.62 16.41 17.23 18.07 SENIOR PROGRAM LEADER 12.28 12.86 13.53 14.19 14.90 SPECIAL EMPLOYMENT COUNSELOR I 9.85 10.34 10.88 11.40 11.97 SPECIAL EMPLOYMENT COUNSELOR II 12.11 12.71 13.35 14.03 14.72 SPECIAL EMPLOYMENT COUNSELOR III 13.64 14.31 15.03 15.79 16.57 SPECIAL EVENTS LEADER I 11.97 12.56 13.18 13.85 14.54 SPECIAL EVENTS LEADER II 14.59 15.31 16.07 16.88 17.75 SPORTS ATTENDANT 8.53 8.96 9.40 9.87 10.36 SR. LIBRARY ASSISTANT 18.97 19.91 20.89 21.96 23.04 SR. MAINTENANCE AIDE I 11.38 11.94 12.53 13.15 13.81 SR. MAINTENANCE AIDE 11 12.90 13.57 14.24 14.93 15.70 SR. MAINTENANCE WORKER 16.18 16.99 17.85 18.72 19.66 SR. SPECIAL EMPLOYMENT COUNSELOR 14.72 15.46 16.26 17.05 17.89 SR. TUTOR 14.37 15.10 15.84 16.63 17.49 STORES AIDE 16.99 17.85 18.72 19.66 20.63 STRUCTURAL PLAN EXAMINER I 31.22 32.79 34.42 36.15 37.95 STRUCTURAL PLAN EXAMINER II 33.43 35.11 36.85 38.69 40.62 SUPERVISING PARK RANGER (PART TIME) 29.00 30.46 31.99 33.59 35.26 TUTOR 12.11 12.71 13.35 14.03 14.72 25N-15 25N-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: AGREEMENT WITH ORANGE COUNTY WATER DISTRICT TO INSTALL MONITORING WELLS AT FISHER AND SANTIAGO PARKS n ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 151 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement with the Orange County Water District to install two monitoring wells at Fisher and Santiago Parks, subject to non-substantive changes approved by the City Manager and City Attorney. BOARD OF RECREATION AND PARKS Recommended approval of the agreement with the Orange County Water District to install water monitoring wells at Fisher and Santiago Parks, at their meeting of September 24, 2008, by a unanimous vote of 7:0:1. DISCUSSION The Orange County Water District is proposing to release water down Santiago Creek to replenish the ground water table in the Santa Ana aquifer. For the purpose of analyzing the rate of water percolation in the aquifer and the amount of water to release in the Santiago Creek, the Orange County Water District is requesting permission to install one monitoring well at both Fisher Park and Santiago Park. The installation would require access for a large drill rig into the park site. Construction will take approximately 2 months and the drill operation will only occur during day time hours. Upon installation completion, the only visible trace in the park will be a manhole cover that will be installed flush with the existing turf grade. Any damage to the park and/or landscape will be repaired by the Water District. 250-1 Agreement with the OCWD for Monitoring Wells October 6, 2008 Page 2 In Fisher Park, the monitoring well will be constructed on the northwest corner of the park site, just west of the log cabin. In Santiago Park, the monitoring well will be constructed on the north side of the park roadway, east of the Main Street entrance. The Orange County Water District will monitor the water percolation approximately once a month. The proposed locations of the wells will not impact any park fields or activity areas. If this project is successful, the City will benefit with the enjoyment of water flowing through Santiago Creek. On September 24, 2008 the Board of Recreation and Parks discussed the proposed project request and recommended that the City Council approve the agreement with the Orange County Water District to install monitoring water wells at Fisher and Santiago Parks. FISCAL IMPACT There is no fiscal impact associated with this project. /~ Gerardo Mouet Executive Dire tor, Parks, Recreation and Community Service Agency 250-2 LICENSE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR INSTALLATION OF MONITORING WELL (FISHER PARK) THIS LICENSE AGREEMENT, made this day of September, 2008, by and between the City of Santa Ana, a municipal corporation of the State of California, herein termed "City", and Orange County Water District, created by a Special Act of the Legislature in 1933, herein termed "Grantee"; WITNESSETH In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1. City hereby licenses Grantee, subject to the reservations, covenants and conditions herein contained, to construct, reconstruct, access, maintain and operate a monitoring well, hereinafter termed "structure", in Fisher Park at the location shown on the attached Exhibit "A". Said structure shall be installed in accordance with attached Exhibit "B". 2. This license is made subject and subordinate to the prior and continuing right and obligation of City to use the park described herein in the performance of its duty as a municipal corporation. 3. This license is made subject to all licenses, leases, easements, restriction, conditions, covenants, encumbrances, liens and claims of title which may affect said park. 4. The Grantee shall pay legal, engineering and inspection fees incurred by City m connection with plan checking, construction, operation and maintenance of the structure pursuant to this License Agreement. Page 1 of 7 250-3 9~25~2°°g 5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said park is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Fisher Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. 8. Grantee, its agents and employees shall have the privilege of entry onto Fisher Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazards and obstructions, then City may Page 2 of 7 250-4 9~25~2°08 perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any property under the control or custody of Grantee while on City property incident to the construction or maintenance of said structure caused by or contributed to in any way by the construction, operation, maintenance or presence on City's park or any utilities or pipelines upon or under said park area at the above mentioned location. Grantor, its agents and employees, shall take all reasonable precaution when working near Grantee's structure. 10. Public Liability Insurance. Grantee shall maintain public liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Grantee's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Grantee shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 11. Grantee shall indemnify and save harmless City, its officers, agents and employees, from and against any and all damages to property or injuries to or death of Page 3 of 7 250-5 9~25~z°o8 persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorney fees, settlements or judgments, for loss of or damage to property and for injuries to or deaths of persons, including property and employees or agents of City, arising out of the construction, reconstruction, maintenance, presence, operation, use or removal of said structure, regardless of any negligence or alleged negligence on the part of City, its officers, agents and employees arising out of the construction maintenance, presence, operation, use or removal of said structure. Grantee shall further defend, indemnify, and save harmless City, its officers, agents and employees, from and against all claims, demands, sits, actions or proceedings resulting from or arising out of the negligent, intentional or malicious acts or omissions of Grantee, its employees, contractors or subcontractors. Should Grantee, its successors or assigns, at any time abandon the use of said structure or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and City shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property. 12. Upon termination of the rights and privileges hereby provided, Grantee, at his own cost and expense, agrees to remove said structure from Fisher Park and restore the immediate area around the monitoring well as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee Page 4 of 7 250-6 9/25/2008 fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by City, at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 13. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. "Grantee" Orange County Water District By: President By: General Manager Approved as to Form: By: General Counsel, Orange County Water District The "City" City of Santa Ana A Charter City By: Miguel Pulido, Mayor Attest: By: Patricia E. Healy Clerk of the Council Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 5 of 7 250-7 9~z5~2°o8 EXHIBIT "A" r' ~~ t} `I~ J I4 L i~ h/ h ~V .-C L .i -~ i ~± r fl l• ~ ~,.7 ,~.. r ~_~~ ~r~l v~ ~;3 _ ~;~. ~2K ~' .F ~~ u ;-. =a ~~~ C =z ~` EXHIBIT "A" Page 6 of 7 2 ~ 0 _ ~ 9/25/2008 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy ## the following: relating to 1 • The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2• With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3• This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4• With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # ,this endorsement form as a part of Issued to Named Insured Countersigned by Page 7 of 7 Authorized Representative 250-9 925'2°°8 LICENSE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR INSTALLATION OF MONITORING WELL (SANTIAGO PARK THIS LICENSE AGREEMENT, made this day of September, 2008, by and between the City of Santa Ana, a municipal corporation of the State of California, herein termed "City", and Orange County Water District, created by a Special Act of the Legislature in 1933, herein termed "Grantee"; WITNESSETH In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1. City hereby licenses Grantee, subject to the reservations, covenants and conditions herein contained, to construct, reconstruct, access, maintain and operate a monitoring well, hereinafter termed "structure", in Santiago Park at the location shown on the attached Exhibit "A". Said structure shall be installed in accordance with attached Exhibit "B". 2. This license is made subject and subordinate to the prior and continuing right and obligation of City to use the park described herein in the performance of its duty as a municipal corporation. 3. This license is made subject to all licenses, leases, easements, restriction, conditions, covenants, encumbrances, liens and claims of title which may affect said park. 4. The Grantee shall pay legal, engineering and inspection fees incurred by City m connection with plan checking, construction, operation and maintenance of the structure pursuant to this License Agreement. Page 1 of 7 250-10 9~25~2°08 5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said park is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Santiago Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. Grantee, its agents and employees shall have the privilege of entry onto Santiago Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well, and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazards and obstructions, then City may Page 2 of 7 250-11 9~z5~z°o8 perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any property under the control or custody of Grantee while on City property incident to the construction or maintenance of said structure caused by or contributed to in any way by the construction, operation, maintenance or presence on City's park or any utilities or pipelines upon or under said park area at the above mentioned location. Grantor, its agents and employees, shall take all reasonable precaution when working near Grantee's structure. 10. Public Liability Insurance. Grantee shall maintain public liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Grantee's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Grantee shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. 11. Grantee shall indemnify and save harmless City, its officers, agents and employees, from and against any and all damages to property or injuries to or death of Page 3 of 7 250-12 9'25'2°08 persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorney fees, settlements or judgments, for loss of or damage to property and for injuries to or deaths of persons, including property and employees or agents of City, arising out of the construction, reconstruction, maintenance, presence, operation, use or removal of said structure, regardless of any negligence or alleged negligence on the part of City, its officers, agents and employees arising out of the construction maintenance, presence, operation, use or removal of said structure. Grantee shall further defend, indemnify, and save harmless City, its officers, agents and employees, from and against all claims, demands, sits, actions or proceedings resulting from or arising out of the negligent, intentional or malicious acts or omissions of Grantee, its employees, contractors or subcontractors. Should Grantee, its successors or assigns, at any time abandon the use of said structure or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and City shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property. 12. Upon termination of the rights and privileges hereby provided, Grantee, at his own cost and expense, agrees to remove said structure from Santiago Park and restore the immediate area around the monitoring well as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee Page 4 of 7 250-13 9'25'2°08 fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by City, at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 13. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. "Grantee" Orange County Water District By: President By: General Manager Approved as to Form: By: General Counsel, Orange County Water District The "City" City of Santa Ana A Charter City By: Miguel Pulido, Mayor Attest: By: Patricia E. Healy Clerk of the Council Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 5 of 7 250-14 9/25/2008 EXHIBIT "A" raw er•ssr ~_ .~ ~ O I _ ° ~~ J -~ x ~ ° I ''t~~~_ ~ ~~ ~~ .Fw ti ~~ p ~ f ti ~~ _ ~~ ~ll n ryyr~ ~- - - - l ~ '~'1 YNiK~~ pwl f~ ~ dry ~ ~5 e~ I~ 9 S t ~'~~ ~~ _ ~.~ ~ ~ ~. a r_'~ ~,Y q M .... f S LAS - ~~ ~~~~ ~' ~4 .~'~.~ Page 6 of 7 Ali 250-15 9~z5~2°°8 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy ## relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4• With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative Page 7 of 7 250-16 9~25~z°o8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: DONATION ACCEPTANCE OF ADULT AND CHILD VICTIM EMERGENCY BAGS AND RESOURCE DIRECTORIES FROM CRIME SURVIVORS -= i ~~ T MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the acceptance of 100 Resource Directories, 25 Adult and 25 Child Victim emergency bags from Crime Survivors. DISCUSSION Crime Survivors is a national nonprofit committed to increasing public awareness of victims' rights and needs, and to provide resources, support and information to empower crime victims to survive and thrive. One of the primary resources Crime Survivors provides is a Victim Emergency Bag containing products that help victims and their families begin the recovery process. Each Victim Emergency Bag contains items that are most helpful within the first 24-72 hours of the crime and include: a Resource Directory, Journal and Pen, Emergency Phone Cards, Flashlight, kid's book, crayons, small blanket, and small stuffed animal. The Police Department will distribute the donated emergency bags and resource directories to persons identified as victims in a variety of crimes. FISCAL IMPACT There is no fiscal impact associated with this action. r Paul M. Walters Chief of Police Police Department 29A-1 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2008 TITLE: PAYMENT TO METROPOLITAN WATER DISTRICT (MWD) FOR TWO SERVICE CONNECTIONS ON BRISTOL STREET APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION ~. \ Authorize a payment to Metropolitan Water District in an amount not to exceed $400,000 as a payment for the design and construction support for Metropolitan Water District modifications of Service Connection SA-03 and Willits Pressure Structure on Bristol Street at McFadden Avenue and at Raymar Street. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street widening project between Warner Avenue and Seventeenth Street. Improvements include widening of the street to six lanes, major drainage structures, landscaping, and utilities. The first phase of the widening is between McFadden and Pine where Metropolitan Water District structures are in conflict with the proposed improvements. To accommodate the widening, Metropolitan Water District facilities will need to be modified and relocated in order to widen the street. Construction of Phase I is anticipated to begin early 2009. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 29B-1 Payment to Metropolitan Water District October 6, 2008 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-553-6631, project no. 06-1500). APPROVED AS TO FUNDS AND ACCOUNTS: ames G. Ro Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 29B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS RECREATIONAL TRAILS PROGRAM J -~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $550,000 to the California Department of Parks and Recreation Recreational Trails Program for the Flower Street Bicycle Trail Gap Closure Project. DISCUSSION The Recreational Trails Program is a state-administered local assistance program of the United States Department of Transportation's Federal Highway Administration (FHA). The FHA provides funds annually to trail- related facilities within California. Approximately $6 million will be available this funding cycle for non-motorized projects. The application requires a 12-percent match of non-state money. The matching funds are available in the City's park acquisition and development fund. Applications are due on October 1, 2008. In December 20007, the City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $1 million Bicycle Transportation Account (BTA) Project grant from the State of California Department of Transportation for the Flower Street Bike Trail project. The project consists of the installation of a 10-foot wide bike trail, landscaping, and supporting irrigation along one mile of the flood channel, which runs parallel to Flower Street. The cost estimates received for the project came in much higher than what was originally identified in the BTA grant due to additional County of Orange requirements and increased construction costs. The Recreational Trails Program grant will supplement the BTA grant's costs and provide for the completion of the Flower Street Bike Trail Project, thus linking the Golden Loop Bike Trail System which encircles Santa Ana with the City of Costa Mesa's bike trail system. 55A-1 Resolution Authorizing Participation in the California State Parks Recreational Trails Program October 6, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 55A-2 Iss09/15/08 Resolution No. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and B. The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and C. Said procedures established by the State Department of Parks and Recreation require the City of Santa Ana to certify by resolution the approval of application(s) before submission of said application(s) to the State; and D. The City of Santa Ana will enter into an Agreement with the State of California to complete the project(s). Section 2. The City Council approves the filing of an application for the Recreational Trails Program, in the amount of $550,000, to complete the Flower Street Bike Trail Gap Closure project; and Section 3. The City Council certifies that the Project is consistent with the City's general plan; and Section 4. The City Council certifies that the City has or will have available prior to commencement of any work on the project(s) included in this application, sufficient funds to operate and maintain the project(s); and Section 5. The City Council certifies that the City has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 55A-3 Section 6. The City Council appoints the City Manager, or the Executive Director of the Parks, Recreation and Community Services Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. Section 7. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ATTESTATION & ORIGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. 2008 - Council of the City of Santa Ana on Date: the Council, do hereby attest to and certify the to be the original resolution adopted by the City Clerk of the Council, City of Santa Ana 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: PUBLIC HEARING - 2008109 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT 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 Adopt a resolution to approve the proposed expenditure plan for the FY 2008/09 Supplemental Law Enforcement Services Fund. DISCUSSION The State of California provides grant funding to State law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). This grant requires that funding be allocated to counties and cities in accordance with specific requirements for front-line law enforcement services. Front-line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Total funding allocation is based on annual estimated population figures for respective counties and cities. In FY 2007/08, the Police Department received an award of $679,620. The potential funding amount for FY 2008/09 has yet to be authorized through the State budget. In compliance with the requirements of this legislation, the Orange County Supplemental Law Enforcement Oversight Committee has requested that all cities obtain City Council approval of their Description of Planned Expenditures for FY 2008109 (Exhibit 1). The Police Department plans to utilize these funds for equipment and overtime for front-line crime reduction efforts such as gang suppression, cruiser enforcement, and career criminal apprehension. FISCAL IMPACT There is no fiscal impact associated with this action. Paul M. Walters Chief of Police 75A-~ Police Department ``~ ~ °~ SUPPLEMENTAL LAW ~. 92 M °9`'F°R~` ENFORCEMENT OVERSIGHT COMMITTEE ~ Q General Description of Planned Expenditures FY 2008/09 This General Description of Planned Expenditures form is to be completed and returned along with a City Council Agenda Report denoting planned SLESF appropriations for FY 08/09 to the Orange County Supplemental Law Enforcement Oversight Committee to ensure compliance with Government Code Sections 30061-30065. Except as otherwise allowed by law, Supplemental Law Enforcement Funds must be expended exclusively for personnel, equipment, or programs that support front line law enforcement services, and may not be used to supplant any other existing funding. Clty AgeriCy:__Santa Ana Po i c D Fartmant Contact Dame and Phone # Corporal Anthony Bertagna (71 4) 245-8029 Description: The recommendations is that grant funding be used to support ov r imP pr(~gram~ for front-line crime reduction effort nd ;mprovPmAnt of public safety throughout the community The prc,gramG include the Ganq Suppression Task For P, Crl,'~Pr FnfnrrArT,Ant-~ and Career Criminal Apprehension Proc~ramG Adc3itinnally~ funds will be used to Durcha~P q1~; nmPnt to enhanr-rte frnnf- ~ ine enforcement ffo tG 75A-2 ~ D ° Z m D ~ m p n W ~ D D ~' ~ N W ~~ om ~ ~ ~ Q ~ ~ -a c o o ~ ~ ~ Q ~ ~ n ~ -I c~ ~ • CA (n -I ~ ~ r ~ N• cn c c ~ n ~ ~ ~ ~ O cD -~, O O m ~* O ~ ~, v c ~ Q- ~• Q (~j `G (D ~ ~ ~ 3 i"' ~ ~ 0 '~ C .O 0 ~ ~ O n Q "O CD Q CC~ ~ O n (Q ~ CD C ~ ~ ~~~ o ~, ~ N ~ 5 ~o ° v ~o ~v o ~ o ~ ~ ~ ~ ~O yv~ °c~~c~•~cQn~i cO~~c D~~ roc ~~• ~~ W =~~ 3~•0~50~~ c~3cuQ ~NCn z~m• ~r o`< ~ ohs n,ovo °~m cQ~aco cnoo cOny~" my• ~~ m ~~~• ~o~na~~y o~ o m~~ =~o cim o -1 ~ ~ ~ CD (D ~ ~ ~ • ~ Q ~ ~ ~ CD (D ~ CD S ~ -~ 0 0 m ~ ° o• ~ °~ c°n r.; ~ ,~ O .nom (n' °" m ~ v (~ ~~v ~nixm~ca~ 3~°0 ~<~ m~ min ° O ~~ ~ n ~ m~ ? ~.~ ~ m v~~ ~ n ~ c ~ ~~ C7 C Qom ~oQ~~~~N• ~v~~ ~c~ mo ~~ ~ _n '"• ~ (D ~ n p ~ ~ Q- O ,~ (D ~ O '~ ~ ~ O n • cn ~ r p ~ N ~ (D (D ~ ~ ~ v ~-+ ~ C cfl ~ fD N ~ ~ (D ~ ~ O -o ~m m ,.}m ~ tn~ cn coax ~ ,~• ~ ~ D = m-~a m~~~x ocn Q-c~~ a~~• -ho Qa ~ m ~ nom- O~~• ~ cp x m y O cn ^-~ r~ ~p -1 O • C7 (D ~ cn (~ ~ O ~ 3 Q ~ (~ v N p. ~ ~ ~I `G `•G TI (a O ~ ~ p C ~ ~ CD ,_+ ~ O ~ p ~ ~ ~, ~ n• ~ ~ ~ ~ ~' ~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ Z •'~ O ~ ~ ~ Q ~ N (D (D ~~ ~O r~~ mOm~ zpn~ ~X~O DmO~ ~o~z z~~o -n~Dm OmD= n~ym mD.~C~ ~ZO-I ZTD~ ~ ;(l -0 O <m~n N m r n o -~ T N m ~ C ~ Z~ p~ m O c O Z O O O O y O O O Section 2. The City Council of the City of Santa Ana hereby approves and authorizes and empowers the Chief of Police to take all actions necessary to submit the proposed SLESF expenditure plan to the Supplemental Law Enforcement Oversight Committee. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 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 7 5A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR GOODWILL INDUSTRIES OF ORANGE COUNTY FACILITIES AND RESOLUTION APPROVING THE ISSUANCE OF BONDS .~ Y MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of Goodwill Industries of Orange County, California, a nonprofit public benefit corporation, for the purpose of financing the acquisition, construction, improvement and equipping of certain facilities located at 1601 East St. Andrew Place and 410 North Fairview Street, Santa Ana. 2. Adopt a resolution approving the issuance of variable rate revenue demand bonds by the California Municipal Finance Authority in an amount not to exceed $8,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of certain facilities located at 1601 East St. Andrew Place and 410 North Fairview Street, Santa Ana. DISCUSSION Goodwill Industries is an independent charitable organization that strives to provide people with disabilities personal and economic independence. Goodwill of Orange County serves more than 800 children and adults during their daily operations and is a leading nonprofit provider of education, training, and career services to disadvantaged individuals. In order to enhance their ability to provide opportunities for the disadvantaged, Goodwill Industries of Orange County is proposing the acquisition, construction, improvement and equipping of a 28,502 square foot industrial property located at 1601 East St. Andrew Place, Santa Ana, California. The facility will house a fitness center to serve persons with disabilities, classroom space to train disabled persons in the use of assistive technology and Landmark Services, Inc. ("Landmark") to provide document destruction services. In order to purchase and gain favorable tax exempt financing, Goodwill Industries has requested the assistance of the California Municipal Finance Authority (Authority). The 75B-1 Issuance of Tax Exempt Bonds for Goodwill Industries of Orange County Facilities October 6, 2008 Page 2 Authority, which was established in 2004, was formed to assist nonprofit organizations and businesses with the issuance of taxable and tax exempt bonds. The Authority is seeking to issue variable rate revenue demand bonds in an amount not to exceed $8,000,000. No more than $7,250,000 of proceeds will be used for acquisition. Certain leasehold improvements, fixtures, and equipment at the Borrower's retail store facility located at 3021 West Lincoln Avenue, Anaheim, California, will account for no more than $710,000 of proceeds of the Bonds, and certain building improvements at the Borrower's administrative offices located at 410 North Fairview Street, Santa Ana, California, will account for the balance of Bond proceeds. The Project is to be owned and operated by the Borrower, provided that approximately 10,000 square feet of the industrial property referred to above will be leased to Landmark Services, Inc. for the document destruction services. Both the Borrower and Landmark, are California nonprofit public benefit corporations and organizations described in Section 501(c)(3) of the Code. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Santa Ana must conduct a public hearing (the "TEFRA Hearing") providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Following the close of the TEFRA Hearing, the City must provide its approval for the issuance of the Bonds by the Authority for financing the Project. The bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. FISCAL IMPACT There is no fiscal impact to the City. Francisco Gutierrez Executive Director Finance & Management Services Agency 75B-2 jwf 9/09/2008 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY VARIABLE RATE DEMAND REVENUE BONDS (GOODWILL INDUSTRIES OF ORANGE COUNTY, CALIFORNIA), SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO 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. Goodwill Industries of Orange County, California, a nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Borrower"), has requested that the California Municipal Finance Authority (the "Authority") participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $8,000,000 (the "Bonds") for (a) the acquisition, construction, improvement and equipping of a 28,502 square foot industrial property located at 1601 East St. Andrew Place, Santa Ana, California to accommodate a fitness center to serve persons with disabilities, facilities to train disabled persons in the use of assistive technology, facilities for document destruction to be operated by Landmark Services, Inc. ("Landmark") and/or for other purposes of Borrower, collectively accounting for no more than $7,250,000 of proceeds of the Bonds, (b) certain leasehold improvements, fixtures, and equipment at the Borrower's retail store facility located at 3021 West Lincoln Avenue, Anaheim, California, accounting for no more than $710,000 of proceeds of the Bonds, and (c) certain building improvements at the Borrower's administrative offices located at 410 North Fairview Street, Santa Ana, California, accounting for no more than $100,000 of proceeds of the Bonds, (collectively, the "Project") to be owned and operated by the Borrower and portions of which will be located within the City of Santa Ana (the "City"); and B. Pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City because a portion of the Project is to be located within the territorial limits of the City; and 75B-3 C. The City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and D. The Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and E. Pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over a portion of the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 4. The City Manager, the Director of Finance and Management Services, the Clerk of the Council and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 75B~ 4 ADOPTED this day of October, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, 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. 2008-x;XX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2008. Date: Patricia E. Healy Clerk of the Council City of Santa Ana 3 75B-5 75B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2008 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2008-06 TO ALLOW A ZONE CHANGE FROM LIGHT INDUSTRIAL TO SPECIFIC DEVELOPMENT NO. 82, CONDITIONAL USE PERMIT NO. 2008-05, VARIANCE NO. 2008-04 AND SITE PLAN REVIEW NO. 2008-02 TO ALLOW THE EXPANSION OF THE TEMPLO CALVARIO CHURCH AT 2501 WEST FIFTH STREET - TEMPLO CALVARIO ASSEMBLY OF GOD CHURCH, APPLICANT ~~-~.-~, CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. PLANNING COMMISSION ACTION On August 25, 2008, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82; adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned; adopt a resolution approving Variance No. 2008-04 as conditioned; and adopt a resolution approving Site Plan Review No. 2008-02 as conditioned by a vote of 7:0 to change the zoning from Light Industrial (Ml) to a Specific Development (SD) designation, to allow church uses with a conditional use permit, to allow a variance for 75C-1 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 October 6, 2008 Page 2 a reduction in parking and site plan review to allow Templo Calvario to occupy an adjacent building and increase the sanctuary seating at 2501 West Fifth Street (Exhibit A). Conditions of approval were added to provide replacement parking in the event the off-site spaces are no longer available, to develop a trash/maintenance plan for the off-site parking facilities and to hold quarterly meetings between the church, adjacent business operators and City were approved by the Planning Commission. Further, the Commission approved a modification to the parking management plan to reserve 12 parking spaces for use by tenants of the center on Sunday's. FISCAL IMPACT There is no fiscal impact associated with this action. c, Jay M. Trevino Executive Director Planning & Building Agency VF:rb vf/reports/aa08-06cup08-OSva08-04apr06-02 Templo Calvario.cc 75C-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 25, 2008 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2008-06 TO ALLOW A ZONE CHANGE FROM LIGHT INDUSTRIAL TO SPECIFIC DEVELOPMENT NO. 82, CONDITIONAL USE PERMIT NO. 2008-05, VARIANCE NO. 2008-04 AND SITE PLAN REVIEW NO. 2008-02 TO ALLOW THE EXPANSION OF THE TEMPLO CALVARIO CHURCH AT 2501 WEST FIFTH STREET Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~ Planning Mana r 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. DISCUSSION Request of Applicant The Templo Calvario Assembly of God Church is requesting approval of an amendment application, conditional use permit, variance and site plan review approval in order to allow the church to relocate their sanctuary into an existing industrial building at 2501 West Fifth Street. Specifically, the applicant is requesting a zone change from Light Industrial (Ml) to Specific Development No. 82 (SD-82), a conditional use permit to allow a church use in the SD zoning district, a variance from the City parking standards and site plan review approval of the project. EXHIBIT A 75C-3 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 2 Property Description The overall project site is a 7.8 acre, irregular shaped parcel of land located on the northeast corner of Fifth and Fairview Streets. The site consists of three separate parcels that are improved with seven, one and two-story buildings that are approximately 193,114 square. feet in size. Parcel 1 is a triangular shaped lot on the northwest section of the site and contains two buildings with 18,000 square feet of automotive uses. Parcel 2 is located at the southwest corner of the site and contains an 8,300 square foot building with a retail carpet sales use. Parcel 3 is 6.37 acres in size that has four industrial buildings that contain approximately 166,800 square feet of office, industrial and church uses. The Templo Calvario campus is located on this parcel, which consists of two buildings and 113,357 square feet of area. The overall 7.8 acre site has a total of 303 on-site parking spaces. The subject site has a zoning designation of Light Industrial (M1) and a General Plan land use designation of Industrial (IND) Surrounding land uses include industrial and residential to the north, industrial office uses to the south and east, and Spurgeon Intermediate School and the Goodwill Industries retail/industrial site to the west (Exhibits 1 and 2). Project Description Templo Calvario is proposing to convert an existing 29,106 square foot industrial building into a new one-level, 2,000 seat church sanctuary at 2501 West Fifth Street. In order to allow the new sanctuary, the applicant is proposing to change the zoning designation of the existing site from Light Industrial (M1) to Specific Development No. 82 (Exhibit 3) The intent of the Specific Development Plan is to allow churches, which were once permitted in the Light Industrial (M-1) zoning district but are no longer allowed. The project includes the interior and exterior remodel of a vacant building to provide a larger worship facility and additional office space for the church. Additionally, minor architectural improvements such as the removal of damaged wood shingles, the installation of new plaster, and new paint are proposed for the exterior of the building. Landscaping improvements will be limited to the maintenance of existing plant 75C-4 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 3 material, the replacement of missing plant material within existing setbacks and parking lot planters, and the removal and replacement of trees that are damaging sidewalks (Exhibits 4, 5, 6 and 7). Templo Calvario currently holds services within a smaller, 1,150 seat facility in an adjacent building at 2617 West Fifth Street. Services are currently held on Sunday at 8:00 a.m., 10:00 a.m., 12:00 p.m. and 5:00 p.m. In addition, programs such as church office operations, a child care center, a book store and community outreach programs are operated from adjacent spaces within the existing campus. These programs are normally operated Monday through Friday from 8:00 a.m. to 5:00 p.m. If the entitlements are approved, the church may reduce the number of Sunday services to three by consolidating the 8:00 a.m. and 12:00 p.m. services into one 8:30 a.m. service and shift the 10:00 a.m. service to 11:00 a.m. Analysis of the Issues The Templo Calvario Assembly of God Church has been located in Santa Ana since 1926, when it was established as a mission. In 1936, the facility formally became a church and operated in various locations throughout the City. Templo Calvario operated within the downtown until July 1985, when it relocated to its current location to facilitate a redevelopment project. Due to a large increase in membership, the church is proposing to construct a new sanctuary within a vacant industrial building and convert the existing sanctuary into a fellowship hall. Amendment Application Specific Development Districts were authorized and established for the purpose of protecting and enhancing the value and appearance of property as well as to promote the orderly development of property. In order to facilitate the proposed church expansion, the creation of a Specific Development (SD-82) would be most appropriate. The Specific Development would allow church and ancillary uses that are currently permitted in the Commercial and Residential zones. The Specific Development would also allow for the retention of the existing office, retail and industrial components operating on the project site by allowing all uses within the Light Industrial (M-1) zoning district. The proposal supports the General Plan policies of promoting a balance of land uses to address basic community needs and by protecting and enhancing development sites which 75C-5 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 4 are unique community assets. Approval of the zone change will allow Templo Calvario the ability to continue to operate and expand within the City and continue to provide much needed community services. In addition, the creation of the SD supports the General Plan policy of preserving industrial zoned land by retaining the existing Ml land uses throughout the remainder of the city (Exhibit 8). Conditional Use Permit As drafted, Specific Development Plan No. 82 zoning standards will require a conditional use permit to operate a church use. The purpose of the conditional use permit is to allow a review of the project to ensure it is compatible with the surrounding uses. Further, the conditional use permit enables staff to place conditions on the project to mitigate any potential impacts associated with the church use. The church facility will provide a community service and will allow the church to continue the ministries that contribute to the long-term benefit of the neighborhood. Conditions of approval have been developed to mitigate potential impacts of the proposed project. Parking impacts will be mitigated through the approval of a parking agreement with the Santa Ana Unified School District (SAUSD) to allow the church to park on adjacent school district property. Further, a parking management plan will be implemented to control church parking within the Fairview Business Park parking lot and off-site parking areas. Finally, the placement of the building near Fifth Street also minimizes any potential visual intrusion of the buildings to the nearby residences. The project, as conditioned, will not create adverse impacts or be detrimental to the overall site or neighborhood. Site improvements will be made to improve the site and mitigate parking, noise, safety and design concerns. The proposed church will not adversely affect the present and future economic stability of properties in the surrounding area since the church has owned and occupied the buildings for several years. Parking Variance The SAMC provides the ability to vary from the strict application of the code when a situation exists that "because of special circumstances applicable to the subject property, including size, shape, topography, 75C-6 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 5 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" [SANG Section 41-638(2)(1)]. Pursuant to this section, Templo Calvario has requested a variance from the City's off-street parking standard as it relates to churches, chapels and religious meeting halls (SANG Section 41- 1411). This section requires a minimum of one parking space for each three fixed seats, plus one space for each 35 square feet of floor area in seating areas without fixed seats. Ancillary use areas, such as offices and classrooms, are not parked separately as it is expected that they would be occupied at off-peak times from the main assembly area or, during worship services, would be in use by those who had also arrived for the main service. Thus, the size of the assembly area drives the parking requirement. The limiting factor for the site is the amount of surface parking that can be achieved within the improved complex. Although there are off-site parking opportunities in the adjacent industrial complex to the south and on-street parking available in the area, the site does not meet the on-site parking requirement for a church. While the project applicant has considered subterranean and structured parking, they have determined that it is not feasible at this time due to the cost involved and the need to acquire additional land and buildings. The church has indicated that the overall site will function in a shared use manner. The operational plan of the church limits use of the meeting rooms and fellowship hall to when the church is not providing worship services as the church is the largest parking generator. Today, Templo Calvario's 13,392 square foot facility has a parking requirement of 383 spaces and is a legal non-conforming use at 303 spaces. The proposed assembly area will be on the first floor only and will contain 22,491 square feet of non-fixed seat floor area, which calculates to a parking requirement of 643 spaces. The parcels occupied by Templo Calvario and other buildings in the complex contain 303 parking spaces, of which 291 are available for shared use (12 to be reserved for use by tenants). The new sanctuary will require an additional 260 spaces, resulting in 352 fewer on-site spaces than is required by code. 75C-7 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 6 To address the parking shortage, the traffic engineering firm of Austin- Foust Associates was retained to prepare a parking analysis for the project. Austin-Foust conducted parking counts on four consecutive Sunday mornings in May and June 2008 to attain an accurate parking demand for the church. Based on their analysis of actual peak parking demand, they determined that, based on a passenger per vehicle rate of 3.41, a total of 587 parking spaces would be required for the church expansion project. Although the parking variance request is to allow a reduction of on-site parking by 352 spaces, the applicant has entered into an agreement with the SAUSD to secure the use of 115 parking spaces at the District's warehouse site, bringing the overall effective variance request to a reduction of 237 spaces and brings the total of available spaces to 406. Further, approximately 200 on-street parking spaces are available within the industrial area immediately to the south. Although these spaces are not included in the 406 space total, they should be considered in the church total as they are available for use as the industrial businesses are primarily closed on weekends. As shown on Table 1 below, the number of on-site spaces, along with spaces at the SAUSD sites and the on-street parking spaces, brings the total of available church parking spaces to 606, which is 37 spaces less than the number of spaces required by code but exceeds the estimate of the Austin-Foust study. Table 1 Parking Location Number of Spaces On Site 291 School District Warehouse Site 115 On Street 200 Parking Subtotal 606 Parking Required by Code 643 Parking Shortage 37 The church originally intended to enter into an agreement with OCTA to provide 312 spaces within a section of the Pacific Electric right-of-way immediately north of the church site. However, due to the uncertainty of 75C-8 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 7 the long-term use of this property, the church and OCTA have agreed on the use of a smaller area within the right-of-way for 120 stalls. These 120 spaces, which are not included in the total number of available parking spaces for the church, are intended to be used as an overflow parking lot during special church events such as Easter and Christmas services. Should the variance be approved, operational conditions are proposed to preserve the shared parking condition, document the agreement with the SAUSD, and to implement the parking management plan with the association. Site Plan Review The Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. After analyzing the project, staff has found that the project will be in compliance with all applicable development standards for the site. Additionally, the church expansion is in keeping with the neighborhood, with the project improving the desirability of investment in the area. On April 28, 2008, the Commission held a public hearing on the church expansion project. At this hearing, several issues were raised by the Commission and the public, including concerns with parking, the need to review the parking study, existing church operations, impacts on adjacent uses, unpermitted construction and- the environmental analysis of the expansion project. At the conclusion of the hearing, the Commission continued the item to allow staff time to secure the parking study and perform outreach with the industrial tenants adjacent to the church. Based on Commission and public comments, staff obtained an updated parking study for the church project (Exhibit 9) The study identifies the location of existing on-site parking as well as additional off-site parking areas for the church. In addition, a parking management plan has been prepared for the church (Exhibit 10) This plan will assist the church in managing the parking facilities available for the church by providing procedures at the parking lots. Additionally, based on concerns raised at the public hearing, a mitigated negative declaration was prepared for the church expansion project. 75C-9 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 8 Staff has conducted additional public outreach since the public hearing. On May 22nd, staff, as well as the City Manager and the Executive Director of the Planning and Building Agency, met with several members of the Fairview Business Park Association. Staff has also been in continual contact with key association members to discuss modifications to the SD document as well as findings of the parking study and parking management plan. On July 28th, the Planning Commission held another public hearing on the church expansion project. At this hearing, the Commission raised concerns regarding the lack of a parking agreement between the church and SAUSD. After considering various options, the Commission continued the item for two weeks to allow the church time to secure the off-site parking agreement for the SAUSD warehouse site, to clarify the parking situation at the Spurgeon Intermediate School site and to modify conditions of approval. Templo Calvario and the SAUSD have entered into an agreement for the use of the warehouse site (Exhibit 11) The final agreement, which is in the process of being completed, will be in place prior to the commencement of services in the new sanctuary. Finally, two conditions of approval have been added and the parking management plan modified to reserve 12 parking spaces for use by tenants of the center, require joint meetings between the church, local businesses and the City to discuss church related issues, and to require a trash/maintenance plan for all church parking facilities. At the August 11th Commission meeting, the applicant proposed to modify the scope of the- project from a 2,400 seat, two-level sanctuary to a 2,000 seat, one-level sanctuary. In response, the Commission continued the item and requested that staff analyze the parking impacts of a smaller facility and modify staff's recommendations if appropriate. Staff has analyzed the parking impacts, which have been discussed in the parking variance section of this report, and is now recommending approval of the various entitlements for the project. The Templo Calvario Assembly of God Church will continue to provide a use that serves the religious needs of the residents within the City. Based upon the above analysis of the project, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2008-06, Conditional Use Permit No. 2008-05 as conditioned, Variance No. 2008-04 as conditioned and Site Plan Review No. 2008-04 as conditioned (Exhibits 12 through 16). 75C-10 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 9 CEQA Compliance In accordance with the California Environmental Quality Act, a mitigated negative declaration and mitigated monitoring program has been prepared for this project. The Mitigation Negative Declaration was circulated for a 20-day public review period, which ran from July 16, 2008 through August 4, 2008. Two response letters were received; one from OCTA and the other from the County of Orange. The OCTA letter asked for clarification on the location and use of the OCTA right-of-way. The County noted that a regional bikeway was planned along the same right-of-way. The report identifies potential environmental impacts and identifies mitigation measures that reduce the impacts to less than significant levels. The report identified no parking and traffic related impacts resulting from the church expansion. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162 will be filed for this project (Exhibit 17). 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Pur ose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The following uses are permitted in the SD-82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi-finished product, excluding those specified in SAMC section 41- 489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41- 489.5. (c) The assembly of products materials, excluding those 489.5. from raw or previously treated uses specified in section 41- (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments business-to-business sale equipment. where the primary trade is of products, supplies and 7~-~~ g (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non- automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. 75C-23 (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 75C-24 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (1) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. 75C-25 (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses. Section 4. Develo ment Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on-site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 75C-26 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/fixtures: A minimum of one-foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 75C-27 TEMPLO CALVARIO CHURCH TRAFFIC AND PARHING ANALYSIS Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, CA 92701 (714)667-0496 July 21, 2008 7~L~~~` TEMPLO CALVARIO CHURCH Traffic and Parking Study INTRODUCTION Templo Calvario Church, located at 2617 West Fifth Street in the City of Santa Ana, is proposing to expand its sanctuary seating from 1,200 seats to between 2,200-2,400 seats. The City of Santa Ana has a municipal code-parking requirement for churches to supply one off-street parking space for every three fixed seats within the main auditorium, plus 1 space for each 35 square feet of floor area in any seating area without fixed seats. The church would have fixed seating areas and are required by the municipal code to have 752 off-street parking spaces for the expansion. The church is planning on supplying 630 off-street parking spaces on Sunday's for the expansion and is requesting a variance of 122 parking spaces. ANALYSIS The church holds three services on Sundays: 8:00 AM, 10:00 AM and 12:00 PM. Actual parking counts were conducted during the church services on May 18`h, May 25`'', June ls` and June 8`h of 2008 (See Appendix for count information). The parking counts reveal that the peak parking demand occurs during the 8:00 AM church service, which had a peak parking demand of 351 parking spaces and averaged 333 occupied spaces as shown in Table 1. TABLE 1 CHURCH PARKING COUNTS 5/18/08 5/25/08 6/1/08 6/8/08 Minimum Maximum Avera e 8:45 AM 349 318 330 351 318 351 333 10:45 AM 193 ]87 191 236 187 236 199 12:45 PM 278 276 242 278 242 278 263 In addition to the parking counts, vehicular occupancy was also observed and recorded. The vehicle occupancy varied slightly between the days and church service times and ranged from 1.36 to 2.83 passengers per vehicle and averaged 1.77 passengers per vehicle. Based on a maximum parking demand of 351 spaces for an average 8:00 AM morning service attended by 1,350 people equates to a vehicle occupancy of 3.85 persons per vehicle, which suggests that a large number of people either walk Templo Calvario Church TrafFc and Parking Analysis Austin-Foust Associates, Inc. 925002TA.doc 75C-29 to or are dropped off at church site. Using this existing parking experience (i.e., maximum 351 spaces occupied for 1,200 seat service), it can be estimated that doubling the seats (up to 2,400) will also double the peak parking demand up to 702 spaces, which is six percent less than the City code required parking. FUTURE PARKING With the expansion, the church will have a total of 245 parking spaces available on site (other locations on-site where church parking has not been approved may be available in the future). On Sundays, the church will be allowed additional offsite parking located on the west side of Fairview Street between Fifth Street and Civic Center Drive at Spurgeon Intermediate School and the Santa Ana School District Warehouse for an additional 385 parking spaces as shown in Figure 1. Church members that park in the offsite locations will have pedestrian crossing locations at the existing signalized intersections of Fairview and Fifth, and at Fairview and Civic Center. With the additional off-site parking locations, the members of the church will have access to a total of 630 parking spaces, which is 72 spaces less than the estimated future peak parking demand of 702 spaces. South of the church site, between Fifth Street and First Street is an industrial area that is located within less than one-third of a mile from the church (see Figure 1) where on-street parking is allowed. Measuring and adding the total length where parking on street is not prohibited, it is estimated that this zone can accommodate up to 278 vehicles parked on street (6,950 feet of curb area to park/average vehicle length of 25 feet = 278 parked cars). In order to supply enough parking for the church's peak parking demand of 702 spaces, they would need 72 more spaces. Since most industrial businesses are closed on Sunday's, this leaves the majority of the area's street parking available to church members. Assuming that half of the on-street parking was occupied, the church's 72 spaces needed to meet its future peak parking demand would still leave 67 spaces for on-street parking open, or enough to meet the City's parking code requirement with a surplus of 17 spaces as shown in Table 2. TABLE 2 FUTURE CHURCH SERVICE PARKING ON SUNDAYS LOCATION PARKING SPACES On-Site Church Approved Parking* 245 Spurgeon Intermediate School 113 Santa Ana Unified School District Warehouse 272 of the Industrial Area On-Street Parking (278) 139 TOTAL 769 *Church currently does no[ have approval to park in 78 spaces of [he 323 on-site parking spaces during Sunday service ~ c,up~o ~ atvano ~ nurcn 2 Austin-Foust Associates, Inc. Traffic and Parking Analysis 925002TA.doc 75C-30 ` ~ , F~r i yy y~ i i ~~ ~Yr ~_ _'~ „: ~- ~ ~ ' " --~•-~ :..~ F ~' ( s~ .,.(ice ' h ~ ~, ~ :,, ~ '.. J Cti-tV-1-.U C~ y .--._-- .r ~. ~ ~, ~~~.** ., ~ •- ,, w ~ ,. a_ ~ ~ ~~'~. - ~ ~ ~a s.,:: r- ~~~` _ ` o : ~ ':c ~~". .~,~ ~:-"',,• 0.. t/~ ~~i . i J r ~ ~ ~ 3~, ~ i'I~_r t d J' ~:`~'~ F_~ ~' ~# a ._ _.. __ __ _ ._._ roc -at - ...__ ~ j 'ill' ^ +'r 4 f..i y-~+: y ~ ~. ~ !~ ~_ ~ 1 ~T ...: ~ ~~-~- * F _ ~~ - ~ `"'_ ~ ~, ~_~° ~;~ _ •-- ~~ - _. _C F- Q ~~ ~ x s G[) C i -U ~ ~i i _ , J ~,, .y z ~ ~: c ~_ - 1- 75C-31 s. ~-- CONCLUSION In conclusion, based on actual peak parking experience for the 1,200 seat services at Templo Calvario Church (i.e., a maximum of 351 parking spaces occupied), a doubling of the sanctuary seats is anticipated to also double the maximum parking demand to 702 spaces. The churches current parking supply as well as off-site parking locations in combination with an abundance of local/empty on-street parking will meet the peak parking demand of the project's expansion. Templo Calvario Church Traffic and Parking Analysis Austin-Foust Associates, Inc. 925002TA.doc 75C-32 APPENDIX Traffic and Parking Analysis Austin-Foust Associates, Inc. 925002TA.doc 75C-33 .~- Q ~ U ~ ~ w z x a m c 3 .. ~ ~~ td 'w U ^ Os O w C 7 U 9 i ~ ~ U ~ O Y 'C ~. cd m > R. id U c o t° w E `~ F-~ F 75C-34 TRAFFIC DATA SERVICES, INC. (714) 541-2228 Parking Study LOCATION; 11=MPL0 CALVARIO FILENAME: 05810PK1 2617 W, FIFTH ST DATE: 5/18/08 CITY: SANTA ANA DAY; SUNDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 47 47 57 50 64 58 323 6:00 AM :15AM :30 AM ;45 AM 7:00 AM ;15AM ; 30 AM :45 AM 8:00 AM ,15AM :30 AM :45 AM 46 46 62 41 58 37 290 9:00 AM ,15AM .30 AM :45 AM 10:00 AM :15AM :30 AM :45 AM 39 36 20 40 50 21 206 11:OOAM :15AM :30 AM :45 AM 12:00 PM :15 PM ;30 PM :45 PM 43 43 53 40 53 37 269 1;00 PM :15 PM :30 PM :45 PM COMMENTS: SEE PHOTO FOR ZONES 75C-35 Q o o ° o ~ °D Z O ~ u Qoa z ur LL V u LL L z F f~ a w U o Z W 7 U ~" > v ~ C y Q. 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Z ~"'U' c p~ = ~n~n~nov No,oc~n r No,o m ao 0 -' c ^ ~ ~ a Z p '- N II Z Z ~ rfJ N ~ N ,' _ ~ N O~ V ~ N V' ~t ' ~O ~O nc• O Nc 7^^ N ~ N U a U ~ O ~ ~ ~ ~ ~ ~ c QQQQ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ QQQQQQQQ QQ O ~,; ~=u U i z ~~ C 00 ~ O~ O O Q QQQQ ~ O~ O~ O~ O~ O O O~ O~ O~ O t 1 ~ O t ^~ QQQn.a.da g O~ > ~ w y -- •- - - ~o m O~ 0 u ~ vo.-~vo~-~vor.~vo.--.~vo.-~~ro^m v_ .. -- - - - _ .. - ,~ ~ -- o; -- -• -- o -- -- - -- -- - J ~ ~ ^ N 75C-38 "' O W ~ aao OU~ x oc°vQ ~w co ~ ~ o i ~ N~oc o W w J O Z Q Q 0 J ~ n. O ~ O LL J n- Z lA W J V = j ~ C~ ~cu O ~ O > O O W ~ U c LL a Z O Z f- a d wwc9~ ca0~+' O ~ O ~ Z ~ ~ ~ ~ ~ U c a Z ~ Z ~ c O 0 W ~ U "' a W C ~ ~ Z ~ y D. OUP Q U O V ~ ~ ~ ~~C9c ~ a O o c O Z D '~' ~ ~ c o O U azo U = a o ~ o _ ~ Ow U C ~ W a Z O c~5 ~ Z w w c ~ O Q ~ O a Z O Z c ~ O~C9c O ~n a O O O O O O O 'O O n Z G w 'a ~ U U U O x ~ ~ O O 0 0 0 0 0 O O O O ~ a o~ O O O Z O I I ~ Q LL z U z O ~ Q c > ~ z ,n ~ ~ 5 c a n Q 0 O } z w N ~ Z t - Q a U O ~ ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = U U O Q U ~ N Cc ,-a c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Laaaaa-n-aaaaad~n.aa.a.aaaa-n-a-a aaaaaaa ~ o ~no ~o ~no o U = ,Z U o ~o ~ o ~o`n~°votDOV° _ _ `AO i4O ° i ~ ~ ~ ~ O o VO -- - - -- V o °~°v - - -• -- - _ ~ ~ Q U 75C-39 Q ~ o O m °D Z o ~ vOi Q ~ ~ Z w LL L D D u C V o Z ~ W 7 V H V ~ C `~ a H ~ Q rJ p U U ~ t~'i U Vi W U ~ ~ ~O Z } ~ ~ > Q c Q cn J LL. U '~- z O ~ Q J a n i- ~ ~ Z ~ N ~ Z U J '-Oc'ONN N ~t~ NNI~NN t[~ dp O U ~ ~ r M c}' ~ _ ~ M a w D ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O '' c a Z ~ ~j ~ (h C ~ 00000 00.-N'- 00 x-00 ~ ~ ap w Q ~ C N ~ N ~ Z_ ~ ~ O c j O D U~ 00000 O.-cO~.- 00~'~t~ ~ O N o ~ a z o I w ~ U ~ ~ . C 00000 .-~NUp ,__.O VSO ~ ~ II 0 ~ 07 O ~ a Z ~ F a w O ~ (~ c O ~ OONNN ~~P~nv O~~N.- 0 ao .p U O Z ~ U a Z 0 Q a U U '-O.-OO Oc*J Wes.- ~r-V.-O N N O Z O N N a Q o~co~^~ 0~~,-O .-~NNt~ O O U S O ~ = c ~ M ~' Q ~ao~ 00000 00000 00000 00 O -' c w .Z Q a Q ~ ~ oo X000 00.-O O~c7.-O c+~ ~ J r- .Q a Z ~ D a m W o ~~ O.- O O O O O O O.- t~ c 7 O U F O ~ ~O ~ Z c~i ti~ Q~ ON V N.- 00.-00 .-N V match V N =OUc N 1~ a z ~ ~~ ~; N V [O~Oc7 0~~00 O.-nON V N V ~ -OUc v ao w ~ a Z ~ II ' O ~ _ U C J ~ ~ V r-- 00000 ~ o 0•-NO z _ ~o _ c~ Q O r Q O U ~ Z a ~ U 'p ~ ~ c QQ QQQQQQQQQQQQQ QQ O .-ri C O~ - O QQQQ O~flO~OUJO~O~O~O~nO~O~O~p~ ch ' QQQaaaa. O~ ~ _ ,Z ~ r ~ d O~0u~0~ Or--M VO•--crl~f o.-c~ VO.-~d'O~~d'O.-cam VO.- ._ ._ -- -- .. .. crJ'ct - ~ Q ~ ~ m ~ _ ~ ~O ~ ._ __ O .. -- -- .- .. -- -- -_ _ F Q (~ ~ O .- . - N O O ~ Q U 75C-40 M- J O O O aao ~ o OU~ = o ° Q ~ W ao ~ ~ o n ~ x ~ (.~ C Nap ~ O 0 0 a Z p D O J ~ a p ~ O O lL J O Q z H W J U _ c~C9c ~ n. p ~ O O O O > LL ~ U o a z Z ~ C9 C O w C p ° ~ ° ° II a ~ ~ azo ~ a a w c o~ o w p 0 o U azp U a >- ~ 0 O O 0 0 = ~ o N ~ Q Q z o n o ~ ~ 0 0 Q ~ = c a ~ ~Q ~ J L~ X J~ c ~ ~ ~ o O O O c a z p o 0 ~ o ~ -' 0 0 c a Z p H W C w Lv O (~ ~ap~ O O J w ~. Z p 'n ~ Z w w (~ c -' O Y c n . U ~_ ~ O C O O ~' p Z > a c ~ Q w c ~ O ~~ O O O Q~ a Z p p II ~ ~ Q Q z U 0 3 ~ 0 0 0 ^ Q z o } ~ 3 w ~° Q U ~' f- N cn Z a D U U O ~ ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = U ~ Q U ~ ~ Caaa.aaaaaaaaaaaaaaaaaaaaaaaaaaaaa ~" ~ _ ,Zu .-a co~o~o~no`°o"~o"~o`°Ot°o`no`~o'no~ou~o~no~no~n ~ ~ ~ .. ._ - - U o^~go~~vo'-~vo~~vo.-~vo.-~vo.-c~vo^c~v ~ ~ U ~ - -- - -- -- ~ Q Q Q ~ 75C-41 LOCATION: TEMPLO CALVARIO 2617 W. FIFTH ST CITY: SANTA ANA Time ZONES Period Beginning 1 2 3 SPACES; 47 47 57 6:00 AM :15AM 30 AM .45 AM 7;00 AM .15 AM :30 AM :45 AM 8:00 AM :15 AM :30 AM TRAFFIC DATA SERVICES, INC. (714) 541-2228 Parking Study FILENAME: 0581 OPK2 DATE: 5/25/08 DAY: SUNDAY ZONES 4 5 6 7 8 9 10 11 50 64 58 .45 AM 43 41 60 45 47 23 9:00 AM :15AM :30 AM :45 AM 10:00 AM .15 AM :30 AM :45 AM 40 38 17 11:OOAM :15AM :30 AM :45 AM 12:00 PM :15 PM :30 PM :45 PM 57 42 47 1:00 PM :15 PM .30 PM :45 PM COMMEMS: SEE PHOTO FOR ZONES 44 47 14 44 51 26 12 TOTAL 323 259 200 267 75C-42 TRAFFIC DATA SERVICES, INC. (714) 541-2228 Pedestrian Counts N/S ST : FAIRVIEW ST E/W ST: FIFTH ST CITY : SANTA ANA FILENAME: 05810PD1 DATE: 5/25/08 DAY: SUNDAY Time CROSSED AT CORNER CROSSED MIDBLOCK Petlod Beginning N - L EG S - L EG E - L EG W - L EG N - L EG S - L EG E - L EG W - L EG TOTAL 6:00 AM :15 AM :30 AM :45 AM 7;00 AM :15 AM ; 30 AM :45 AM 8:00 AM :15 AM :30 AM :45 AM 9:00 AM :15 AM :30 AM :45 AM 10:00 AM :15AM :30 AM .45 AM 11:00 AM :15 AM :30 AM :45 AM 12:00 PM :15 PM :30 PM .45 PM COMMENTS: 0 0 0 0 3 p 3 5 p 5 ~ 0 ~ ~ 7 0 0 ~ 0 0 0 0 0 0 0 0 0 3 3 0 4 0 4 4 0 4 0 0 0 2 0 ~ 2 1 75C-43 W aco v o OUP ~-• _ O_ N Q ~ w M N ~ O O ~ ~ ?~~c9c ~ ~ ~ ~ o O O C w ~ a Z O ~ ~ Q z ~'-'wC9c ~ 0 ~' o O O ~ ,~. LL. OZc O O _ o ~u U W c~Oc ~ O ~~ o O O ~ ~ Z O U Z Q c Op '~'' O 0 0 II D ~ O Z O Z c a J p~~ o 0 o w U C ~- z U O u v c ~ '- z~ Qo ^ ~ W 7 y ~ ~ U W C ~ ~ N Q V) v Z O U ~ N c*7 Q Q ~ = c c Q U d ~ U ~ y N~c9c oi o o0 V D ~zo ~~ ~~C9c o ~ o ~ c 0 0 ~ z O h ~ ~ ~ U C O U Q ~ ~~ 0 0 0 ~ = LL ~ ~ Z Q C1~S W - N cn Z w w Cg c O 0 0 Q ~ c O ~ ~ w ~ ~ ? ~ > Q c O ~ a O {cu 4 ~ > .- N N ~ Z c ~ II U~ Z 5 c r a ~ Q c O ~ ~ ~ ~ Z >- t- N vQi Z a O ~ ~ ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q U caaactaaaaaaa.aaaaaaaaaaaacLaariaaaaa ~" ~w CO~O~O~O~O~O~ U ~ = z O~O~O~AO~O~O~OMO~O~p~ N U O M~tO~--c7~0.-c+~ V O.-M VO--M V O~ch'~tO~MCO.-c7 V~ _ _. - -- -- -- J ~ ~ J ~ M ~ ~ ~ ._ __ . ^ .. _. _ __ _ ~- • ~ Q ~ C9 ~ Q ~ 0 75C-45 ~--~r-NOO ,o co cooov , O ~ ~M Q N O U F N,~ c - ~ ~ w ~ ~ Z ~ N O = i v i N O ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O J C - - Lti ~- a Z ~ ~ Q ~ w ~~ ~~ O O O O O O N 0 0 0 O ~ 0 0 0 M~ p. LL J ~ '- Z Q y W J ~~ ~~ O O O O O r--Or-O ONONO t~ cp W ~ O U C w N n . Z~ z ~ Q w ~ U C ca p~''' 00000 •- V ~O~O Oc~N00 _ n II W O -' C ~ a 0 -- M ~ Z - Z F a w p ~ o ~ ~ 00 00 MN ~Oc7N O~rl~.-O o ~Y a~ r OVc '-' ~no i Z ~ _ ~ ~ U U V a Z ~ Z •- •- •- O O .- O~ ~O c7 N N OM V Mt+~ U N N= Q O n n W ~ N a v y Z N`-cMV -0 c'7N~000t~ .-~p~~00D ~ a O U ~ B U O ~ Q r- O u N y -+ O C ~~ 00000 00000 O O O O O O O ~ Q ~ a Z O H , w (, C LL O O '~' 00.-00 00000 0 0.- 0 0 N O C a Z H J ~ -w+ O C V ~ a o~ OONOO 00000 oor-O~ _ c ,o W - N UI Z C } j c a 0 µ O .- V O N 000~~ pONNO c'p p. ur 0 p w C ~ao~" --OO,vN 00.-~~ .-~M~nv ,oN ~ ~ U c wZ0 M ~ ~ ~ II U ~ z z O ~ Q ~ O ~-O~r~.p r7N~.p~ ON V O~ o') !] ~ ~ Q w N ~ Z a O Q ~ ~ _~ c ~ ~ _ U tO N CQ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ QQQQQQQQQQQQQ ~ ~ ~ ~ ~ ~ ~ O iii U r- O .- a C ~ •- QQQQQQQQQ O M p~ O~ O~ O M ~ O~ O~ O~ O O O~ O M~f OO .-.c~V O - QQQaan_a ~ O~ O M W > ~ S W ~ ~ J ~ H • M V O.-n_7 V_O.-crJ V "" •- O~M'~YO_ ~ - __ _ _. 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N - O O Q O 75C-44 o o ° o aoNz o n ~ Q Z J LL v LL L Z LL Z a W Q Z W 7 U ~" > v °r c `~ a a~ °o U ~ V W N W J V'. 2 ~ ~ dS ~ Z Q Q c ~_ O ~ ~ J LL U~-z Q a ~ Q ~ Z N vQi Z O U O ~ a'~O~n7cq ~I'O~~Mct c7t+1O V N n ~ a) N r-- ~ .- N O O U P N ~ = dr ~ ~ 0 ~xao~ 00000 00000 00000 00 J C d Z O ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ p J C O z j w U C n.D~ ~ O J 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 c h N c Z a ~ w -W- ~~ C 0 0 0 0 0 O O O N N 0 0.- N O ~ i t C O J > c N (I~ a z O d w O Q ~ NOO~O ~~P~O ~r~NPO ~ N Z O r- p - Z ~ ' a - ~ U U C J N.-O~Ne~ c'7N~OtAN N~O~pNN th c'7 O O N .- dD W u' ~ ~ Q ~,i;(9 v~o~o ~.~.,o,oao ~ao~ncoo, ~ ao N V ~Nr- ~rryN .-NNc7~ ~ O O U 5 =c ~~ ~aoc 00000 00000 00000 00 J C a z ~ Q~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J C O z O~ Q~ 0 0 0 0 0 O O O O O O O O O .- V o D `~ ~OUc a Z ~ C ~ Q ~ OONN.- OON.-O OOOrO U N O Z ~ OO ~ ~ N t1) tf~ ~ .- ~O cO N c+7 c~ ~ ap V ~O O O .- r r N ~ c N z II Z Z ~t~7 c~~O V ~O ~~O a7 ~4 O '~N~ O '-- N c'7 n] N N Q } U Z a U C ~ O N c ~ ~ ~ ~ ~ ~ ~ a¢¢¢¢Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ¢a¢a a¢a¢aa¢a a a¢ ~ ~ ~ ~ ~ ~ ~ ¢aa ~ ~ U u i d C O~ O~ O~ O~ O~ O~ O~ O u~ 0~ 0~ 0~ 0~ 0 aaaa 0 0~ 0~ 0~ ~ O.-CVO.- . __ ~ V O~o~VO.-c+»O~-~~O.--c+> VO ~~ VO~c7 V - ~ ~ 75C-46 V ~ Z uyl 7 U ~' > v ~ c ~ Q. Q ~ Q V ~O U ~ v -i N ~ ~ .a Z c ~ ~ O 0 ~ = ~ w ~ ~ 0 O O ~ c i~ N O Q ~ O J C W H Q ~ Z ~ Q z J W U' CC ~ ~ O O LL J GGG 0 ~ Z H L11 J V (~ C O = ? ~ a o ua ~O~jc ~ a Z ~ _ 2 _ ~~~ !!` ,,^^ W J v C O Q c n- O J ~ ~ a Z O O~C9c O ~ ~ c~ c az~ ,Lr, ~ N ~ 0 L(~ V } 3 w C D O Q ~ J f--- U11-z O 3 Q ~ ~ Z N v¢i z O U U Q N ~ ~ O U 5 '- = c ~ Q ~~o~ o J C o-Z ~ ~WC9c o LLoo~ -' c a Z 0 N ~c WC9c o U p ~ o ~ J LL. d z ~ W _ ,~ V Z W W UI C ~cao~ ~~~zo ~ `~ O O ° O O O O 0 0 ~~ Z d W ~ `t U z a U U O N N = o 0 0 0 0 o O o N .- ~ ~ap~ v o0 J d z O ~~ ,^ z c ~ 5 ° o o a p ~ r U Q a U c ~ a c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = U caaaaaaaaaaadaaaaa.a.aaaaaa.aaaaaaaa ~ ~ '~' iAa co~no~no~no~no~no`oo~no~o~no~no~no~o~no~no~no~n o^~:'»o~~va.-~vo.-~vo.-~vo^~vor~vo._-~__v -- -- - -- N ._ _. _ ~ __ ._ ._ ~ ._ _. __ ~ __ _. __ ~ _. __ ._ ^ ._ __ __ -- Q ~ ~ CY] .-- OO Q O Q 75C-47 o.-oor NN~Uan vvo, c Q ao O U F r c o ~ ~O O Q F- _= c ~- N O N > w _ ~ N ~ 0 = O ~ v i ~ O Q~ 0 0 0 0 0 O O O O O 0 0 0 0 0 O O c w >- ~ ? ~ Q 0 O z J ~ ~ C9 c ~ 00000 00.-00 00000 .- ~ _ LL LL O ~ ~ Q` d Z H W J V ~ ~ Q ~ O 0000.- O.-NO~ O.-00 r~ c0 N O U ~ Z Z ~(• a w ~ ~ c c ~ ~ ~ 00000 O~tU.-O O~o~.-N ~ II ~ N ~O O a Z 0 F c Q a ~ ~ ~ C 00000 ~~JQ-c7~ .-O~Nc7 w D oD ~O U O ~ ~' ~ Z Q a - U Ci v c ~ 0.-000 '-O~ t~tnc+7 ch~~.p ~0 O z ~ o o V H Q W ~ ~ Z ch[>7~ONc~ ~N.-ppN V'N~O1~ V O~ /~ 0 t a°~ °=C ~~ a~ ~~ ~ O ~„ o h 00000 00000 00000 0 0 W V o c w ~ a .z~ ~ ~ 0000-- 00000 00000 .- ~ J C a Z ~ y J ~ ~ 0 w OOO~'fJ V 000.-0 '-0000 p~ ~O •p = opZO c*) ao ~ ~ O O ~ } ~ ~ ~ ~ ~ OOOa~P 00000 00~~0 p. ~ o Q ~ ~OUc -- ~n o 3 ~ a Z 0 > a ~ ~ 0 O w c ~ O ~ ~ N.-~rJO.O 0.-.-r-•- r--N~~ V ~ 2 Z ~ ~ cn 2 ~ II Q ~- U LL ~ Z O ~ O ~ Q ~ z ,- N ~ ~n o~ ,- ~ o ~o .- cv a ,o o ~ o, o, c > a r~ Q oc 0 ~n ~n U g ~ z ~ w ~ - cv r Z a D U O ~ U ~ o c c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q QQ QQQQ<CQQ ~ ~ ~ ~ ~ ~ ~ ~ U = U O " Q ~ N C O~ QQQQ QQQQQ p QQQQadcic~ ~ ~ = w U ,-p., - u~O~O~O~OU')O~O~O~O~O~O~O~O~O~AO~ o~~vor-Coco.-~vo.-~vo~~vo.-~,vo~~a o.-m v ~ ~ ~ ~ a 1 ~ ~ ^ CO ~. ~ O ~_ ~~ _ _ _. __ ._ ._ _. - 5 H /- _ m r- r- N O J O O Q V 75C-48 y ~ CV N c7 ado ,oo Z OUF "-=Q o ° o ~ W DD N z p = O ~ c n ti O ~~ O O O J C w ~ Q ~ Z p ~ p ~ ZQ C W O LJ ~ ~ J O O O w I.L ~ n . J C r p d z H LLI J = U a p~ J O O O ~ LL w U 4 a Z Z ~ W j (, c O O O II ~ O 0 ~ z C a OwOC ~ p O -' C ,- ~ ~ U n. Z ~ ~ U u v ~ Z r O ~- Z ~ c O ~ ~ p U y a a rii O pUz Q a ~=c a ~ ~~ ° o () 41 LL X ~ (~ C in ~ p O O O . U u OUc a Z p ~ ~ ~" ~ 0 ~ O O O J C O Z p N ~ ~ ~ O c ° o 0 0 = w~Uc '- ~ W d Z ~ Q n ~ ~ O O 'w ~ V Z ~ U c O O cn w ~ O O o ~ U c ~ Z p w ~ Q O C ~ w C ~ a p '~' J O LL O O p W Q~ O Z p I I O ~ Z U U w Z c ~ ~~¢ ~ >_- ~ Z ,- r Q Q a r~ Z DO U w N ~ a p U O U c ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O = U ' ' Q `°a c dada.aa~aa aaan_wdaaaaaaaaan. aaaaaaa o~n U z w ~ ~ U - o~no~no~no~no~o~no~no~no~n ~no~no~no~o~nou~ o.-MVO~~,vo.-~vo^~ o~~,vc~ -Ivo ~ ~ ~ ' O m v . r-~vo^~v ~ _. _. N __ ._ _ ~ .. _ ~ __ __ ~ __ __ ._ ~ __ .. _. ^ __ ._ ~ ._ __ .~ ~ Q Q U, n n 75C-49 TRAFFIC DATA SERVICES, INC. (714) 541-2228 Parking Study LOCATION: TEMPLO CALVARIO FILENAME: 05810PK3 2617 W. FIFTH ST DATE: 6/1/08 CffY: SAMA ANA DAY: SUNDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 47 47 57 50 64 58 0 6:00 AM :15AM :30 AM :45 AM 7:00 AM 24 18 2 5 7 1 0 ;15AM .30 AM .45 AM 8;00 AM :15AM :30 AM :45 AM 38 43 61 44 53 32 86 9:00 AM :15 AM .30 AM :45 AM 10;00 AM ;15AM 30 AM ;45 AM 37 40 26 42 50 18 5 11:00 AM :15AM :30 AM .45 AM 12:00 PM :15 PM :30 PM :45 PM 44 44 40 42 54 16 29 1:00 PM :15 PM :30 PM :45 PM COMMENTS; SEE PHOTO FOR ZONES ZONE #7 IS A DIRT LOT, OPEN 7:30 - 2:45 323 57 357 218 269 75C-50 TRAFFIC DATA SERVICES, INC. (714) 541-2228 Pedestrian Counts N/S ST ; E/W ST: CITY : FAIRVIEW 5T FIFTH ST SANTA ANA FILENAME; DATE: DAY: 05810PD2 6/1/08 SUNDAY Time CROSSED AT CORNER CROSSED MIDBLOCK Period Beginning N - L EG S - L EG E - L EG W - L EG N -LEG S - L EG E - L EG W - L EG TOTAL 6:00 AM :15AM :30 AM :45 AM 7;00 AM 0 0 0 :15AM 0 0 0 :30 AM 0 1 1 :45 AM 0 0 0 8:00 AM 0 5 5 :15 AM 0 15 15 :30 AM 0 8 8 :45 AM 9:00 AM :15 AM :30 AM 0 1 1 t45 AM 0 1 1 .10:00 AM 0 0 0 :15 AM 0 4 4 :30 AM 0 1 1 :45 AM 11:00 AM :15 AM .30 AM 0 0 0 45 AM 0 0 0 12;00 PM 0 2 2 :15 PM 0 4 4 :30 PM 0 0 0 :45 PM COMMENTS: 75C-51 U CO O U F OOrO ~J~NON ~ Ncry•--•- ~ 'cF N '- ~ O r- - ~- c7 O O Q 2 ~ w m ~ Z d O ~ vOi a-i a ~ C c 0 0 0 0 0 O O O O O O O O O O O J Z ui >' d a ~ ~ Q w ~~ ~~ O O O O O O~ 0 0 0 0 0 0 0 0 LJ.. J C ~ Z d W J ~ ~ Q ~ O 00000 O~NOO OOc7~0 ~ z o Z Q ~ ~ d w OOrO.- Oc7N00 O~c7N0 c7 ~ o N G ? d 0 ~ 00000 MNO~tO ch V tno')O ~O ~ U c ~ ~ Z d Z c ~ Z O O O O O N aD n ~O N v~u~~ v C O ~ o W ~ V y ~ ~ ~ C Q w O N O~ O P N O O ~ ~ V 0` V p, II ~O O Z C d w d ~ U Q U U O v = ~o ~ y C ~ U Z oU~tq ~N~00, N ~ . ~ O~ ~ O ~ C N N . Q = Q U D O LL V y O ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -a 0 0 ~ ~ Z d O ~~ 0 0 0 0 0 O O O O O O O N O O N J c a Z d N -~ ~ ~ U C O~ ~ O~~ON 00000 ,-0.-•-N p. m = U dS W aZd N ~ } Z c a pU ~ OO ~r-.N 0000 0.-.-,-.- V O Z d Z p ~~O°~ 0~0~00~ ~c+~oJ V ~ O.-r-Nc7 ~- OUc a z d v = LL Q Q U '~ z O j a W ' Z NNr~c+')UJ O~tD~N NOO~Oc7 p. a ~ Q ~ O ~ w Q d `O r- N N O ~ g~ Q U c ~nm`c ~~ ¢a o'n ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ a¢¢¢ ¢a¢¢a¢¢a aaa¢¢¢¢¢¢¢¢aaaaa =v ~ U r-~ ~ p o~o~o~voo~ou'ou~o~c'o~no~no~no~nou~o~no~no~n r o N O ~ ~?q ~~?vo.-~nvo.-~?vo.--.~vo.-~v ~ ^ ~ _" P '- -- -• -- -- -- -- -- ~ a J m O N ~ 0 75C-52 O ~O c~ ~ ~ N V N n O Z 5 ~ Q U Z Q a UU O z ~ ~ Q O ~n a O U F ~ ~ o O Q ~- = c ~ 2 _ N ~ w p cD Z = O ~ v i w c ~ a D~ O O O ~ -' c w ~ Q a ? p ~ Q ~ Z ~"wC9c o J ~ n. p~ O O O w J aZ p .- y W J U cJOc ~a.p~" o 0 0 > ~ ~ Z o Z ~ w w VI c .- Q C a p~ ~ c7 II ~ O f~ Z p ~ Q a w c a p ~ w p N U O z ~ Q a U U O c '~ ~ "' U O ~ ~ Z ~ o _ ~' p U y Q _ a V J y Z y a o~ .-~ a ~ ~=C Q U D ~ V ~ ~ J (g c ti O ~~ O 0 0 U c ~ a Z p H ~ yu w ~ C p ~ ~ S 0 c a Z p H --W+c~(9c o O ~" O o ~ = O~ 00 ~ W o- Z p ~ , ~ N , V _ v~ Z w ~ (~ C O ~ ~ C a 0~ O O c ~ ~ ~ a z p > Q c ~ OJC9c o O ~ p ~ ~ o 0 a Z p II (~ Q ~ U ~ Q z Z c > O ~ Q ~ Q O S O O Q J a n Q ~ ~ Z } ~ N v¢j Z a U O ~ ~ ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U = U O ~ ~ ~ ~ ~ ~ ~ ~ Q U ~ N caaaaaaaaaaacLaaaaaaaaaaaaaaaaa ~a co ~no ~no ~no ~ ~ ~ cLC~a ~ U z w o ~o ~o U ~oou~o~oo~n~°vo°`AOVO`nO~o° iA~° v ~ o ~ ~ > ~- 75C-53 J Z ~-C7 NMO COn~ V V ° `t `n Q O U ~ '~ r- ~ `o ,o ~ x ooh ~°; ~ z o ~ ~ max-,-,ooh 00000 00000 00000 00 J C w ~ ? ~ Q Q J ~" ~ ~ ~ 00000 O~ 000 00000 ~- ~ .p ,~ O ~o Z o W J u j ~ O c ~ O O O O O O O O O O 0 0 '-- O .- N Op U C 2 Z 0 _ Z ~ w~ O c C a O 0 0 0 0 0 0 0 0 0 0 O O O M ~ ~ N II O Z p ~ Q a O ~ ~ r-0000 MAO ~-c7 MOc+)r-- w V U U C a 0 Z '-- °' Z ~ Q a U C ~ Z ~ ~ Oc+~Nc~O ~Or~c7~ N~00'7~ C J n n = O `O ~ cc G D N H U a ~ y 0 ~ w O ~--~ Z O U ~'ct V N~ t~N~O~.- ~ OW MN ~- N c'7 c7 N 1~ O '' H ~ =S Lv - ~O c J c'7 ~ Q V •~ > O V Q) ~~ O W O O O O O O O O O O O O O O O O O c ~ a Z ~ H ~ c C9 LL O p~ 00000 O.-r-00 00000 N O c a z ~ y V ~ a Q ~ 00000 00000 00.-00 .- ~ ~ _ ~ ~ U c q 6Y a. Z p •--- ~ ~ d5 ~ Z w w ~ Lv Q ~ c O p~ OONOO OOr--O.- ~O.-NN O O ~~Z~ r-. M w ~ c 0 0 O~ OD ct V V M V ch c'7 c7 oD ,- .-- p. N V ~ w0 U c •- ~- ch ~O a Z p ~ N II > ~ ~ O U ~ ~ Z O Z ~ Q C ~o0'JNN^ ch COO NI~ ~OO ON O N N Q ~ N N UU F- N ~ Q a ~ Q Q ~ ~ 0 C ~ ~ ~ ~ ~ U ~ f~ C Q Q Q Q cc cc ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ G G ~ ~ ~ ~ ~ Q Q Q Q Q Q Q Q Q Q Q Q Q Q ~ ~ iii ~ d U ~d CO~OMO O.-r~7ttO Q Q Q Q Q ~Otn ~O~O~p~O~O~OMOU~O - Q d d d ~~= W ~ ~ Q ~ - -' -• r ~ -M V O.-M V O.-c+7~0._-Md'O ~c7V O•- .. __ .. -- OMOMOM ~ ~ MV O.-c'7t7 ~ Q ~ ~ -- m O ^ - N -- -- O O a o 75C-54 w ~ ~~ a m m OU_F ~- _ ° N ~ ~ w _ ~ ~ Z p O O ~ v i J ~ c app ° 0 0 c ~ Z p Q ~ O w ~ a ~ '~' ° O O H ~ O J ~ ~ Z r- N W J C )cwUr ~ O _ ~ ap~'~ O O W ~ ~ O -' c a Z p Z w w ~ c ° II Q C ~ p ~' ° ° J ~ O Q Z p ~ c a w c a-'. ~ ~ ~ ~ w p ~n o U ' c a Z p Q a U civ c~ ~ "' U ~~,° ? ~ ~ ~ p V y a ~ ~ V W ~ -' ~ (~ N O U z N N ~ j ~ 2 C Q U ~ U m u. ~~C9C o ao~ 0 0 tl~ O c ~ c ? p ° a p ~ ~~jc O O a Z p .~ cJC9C o ~ O O O ~ O 2 ~ W U a Z p •- ' d$ ~ Z } ~ w ~ (.~ c O ca-p~ O O ~O ~ ?° c ~ ~ O~C9c o ~ a- O~" O O O -' a z p o ~ z Q Q U" Z O~ Q c J ~ Z N c N N Z ~ O ~O tw- N N n- U O ~ U ~ o c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ caaaaaaaa-adadaa a = U ~ Q ~ ~ aadaaan.aaa-aaa.a ccd a co - ~no o ~no ~ ~ = w U p o v ° r - ~o~no~~~no~no~no~no~no~no~no~no~no~n '-~"'v_or~co~~vo.-Ivor-tea '- -_ -- N .- .- -- ^ -- -- ; N ~ ~ - ~ ~ ~ ,~ [fl ~O r~ - _ - - ~ -' -- -- U, O O Q 75C-55 Q j Z 000.-N c+~~~~r- a0U VOA V O Q O U c •- ,- r ~ N ~ W ~ Z o o = ~ c i~ ~xao~ O J 00000 00000 00000 00 c a Z O ~ ~ Q Z ~ ~ U C OOOOO O~OOO ~OO~O ~ ~ .- ui tL w a O ~ c N r- N ~ Z Q N W = pao~ 00000 0~0.-00 .-o,-o~ 00 J LA. Q ~ z Q 'w V Z C ~ Q ~ 00000 o~N.-O oNc70~ ~ ~ II ~ C9 W 0 ~ Z ~ F d w O ~ C9,~~, Q~ 00000 O V MONO c~O~n~ r ap .p U ~ U Z C a Z ~ a _ ~ U 0 ~~u ~ 000-N chr~NNr-- c*)i~~NN t~ r~ ~ ~ Z ~ c Q O V ~ ¢ W C ~ ~ Z NONN~O ~W Nr~~ ~~O~Opr~ r CO ~ "' a O U 5 '- N N Q = c Q V D ~ U~ N~o~ 00000 00000 00000 00 uLL. U OUc a z O F- , Q ~ 00000 OOOr-O 000-0 N O O J c r ~z~ ~ c~C9c ~ a O o~.-c+)~ 00000 ooNO~ ~~~ V ~O-'c ~ W ~ Z ~ r Q O d$ ~ ~ O ~ ~ Z w ~ (~ c oO~c*).- 0000 ~-~000 .-- c+) ~ ~ U ~ ~ M o a z ~ ~ O 0 Q ~ ~-V V OU O~O~c'7Q .-.-~~p~7 C V OD u. n U s a z J U U ~-- ¢ LL Q z 5 ~ O ~ Q ,~~, Z r-~d'~O~ .-N.-NO c7V V r--r- ~7 VO Q c0 Q w o Q D ~ ~ , F- N cn U v --pp Q a a¢¢¢¢¢aa¢a ~ U ~ ~ = ~ ,r, ~ c ¢a¢a¢¢¢aa¢a¢ad ¢aaaa w Q U ~a co o ~nou~o~no~no~no~ng~no~no~no~no~no~no~no~o~o~n r-~vo~~vo.-~~r .-~nvo~~vo--covo.-~qo,-~v ~ ~ ~ ~ ~ a g J ~ r F- f-- 75C-56 y W ~ ~ a ~ ~ O U x 000 ~„~ ~ z a O p o c n v~ -' ~ C p O O O ~ C O w~ Q a Z p Q W LL a 0~ O 0 0 0 ~ ~ ~ Q O Z y W J V ~ c O ~ ~ O O O ~ O Z ~ Z ~ wwC9c c O p~ o 0 0 W Z p ~ nw Z Q . a w p O ~ U c ~ p ~++ c o O O Z a Z ~ ~Q U Z ~ c > ~ U O x r p ~ u p W 7 U ~ ~ a G vW ~Uz ~ M~ i a a ~=c a~ ~~ ~O C1 ~ap~ ° o 0 U ~' O U c ~ azp ~~ O o ~ ° 0 0 C a. Z p H ~ V c ~~ c ~ a p ~" O O p~ 2 " Ow U c ~ _ W ~ ~ a Z p Q dS ~ o o ~ Z w w Ur c C O p~ O ~ O O o ~ ~ ~ Z Q Z ~ ~ ~ c p = O Z p II J O ~ ~ U "' Z ~ ~ U ~ ~ c z ~o a p ~ ~ N c n ZZ c Q c p U O ~ U ~ o c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ aaaa a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O x U ~ Q ~ v c ~a c _ acLaaaaaaa.aaan.aa o~no~o~no~no~no~no~no~no~no ` cLaaaa.ddaaan.a o~no~no ~ ~ U = ,Z,, O ~ ~ OU o^~v~.-Ivor-~vo.-~vo.-~ ~ - -- -- - -- ~no~no~no~n o,-~?v o. -c~vo~mv ~ ~ - -- - m '-" ~ _ _ __ ~o ~ ao ¢ ~,j O ~ Q U 75C-57 TRAFFIC DATA SERV{CES, INC. (714) 541-2228 Parking Study LOCATION: TEMPLO CALVARIO 2617 W. FIFTH ST CITY: SANTA ANA FILENAME: 05810PK4 DATE: 6/8/08 DAY: SUNDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES; 47 47 57 50 64 58 0 323 6:00 AM :15AM :30 AM ; 45 AM 7:00 AM 28 17 2 2 7 2 0 58 :15AM :30 AM .45 AM 8:00 AM :15AM :30 AM :45 AM 53 45 61 44 55 37 88 9;00 AM :15 AM ; 30 AM :45 AM 10:00 AM ;15AM :30 AM .45 AM 45 37 42 45 54 20 25 11:00 AM :15AM :30 AM :45 AM 12;00 PM :15 PM ;30 PM .45 PM 45 41 54 44 53 27 46 1:00 PM :15 PM :30 PM :45 PM COMMENTS: SEE PHOTO FOR ZONES ZONE #7 IS A DIRT LOT, OPEN 7;30 - 2:45 383 268 310 75C-58 TRAFFIC DATA SERVICES, INC. (714) 541-2228 Pedestrian Counts N/S ST : E/W ST: CITY : FAIRVIEW ST FIFTH ST SANTA ANA FILENAME: DATE: DAY: 05810PD3 6/8/08 SUNDAY Time CROSSED AT CORNER CROSSED MIDBLOCK Period Beginning N - L EG S - L EG E - L EG W - L EG N - L EG S - L EG E - L EG W - L EG TOTAL 6:00 AM :15 AM :30 AM :45 AM 7:00 AM 0 0 0 :15AM 0 0 0 :30 AM 0 1 1 :45 AM 0 1 1 8:00 AM 0 7 ~ :15 AM 0 11 11 :30 AM 0 7 7 :45 AM 9:00 AM :15 AM :30 AM 0 1 1 :45 AM 0 10 10 10:00 AM 0 4 4 :15 AM 0 0 0 :30 AM 1 3 4 45 AM 11:00 AM :15 AM :30 AM 0 1 1 :45 AM 0 2 2 12:00 PM 0 1 1 :15 PM 0 2 2 .30 PM 0 6 6 :45 PM COMMENTS: 75C-59 O p > ~ O ~ ~ p Z O ~ c=i~ } Z w W J U_ x Z a a W V a Z W N U > v ~ C `n a a~ °o u ~, LL U_ F~ ; y W J V ch dS ~ N 'n r Z Q ~ z a c 0 ~ S Q ~ W U ~ z 0 ~ Q ~ ^ Z N t¢ Z Z O U O J O ~ N N ,- n ch ~ co co r~ O co co o m ~ c7 N .- V F O U N _ ~ _ O OO ~ 00000 00000 OOr--O~ N N r J O Z Q~ O O O O O O c~ N O r- O~ 0 0 0 I~ ~ N O ~Uc cv a. Z ~ ~~o~ 00000 o~nv~o orooo ~ ~ O O z o w w c c a ~ 00000 o~nvro oc+')NOO ~n ,n II 9 ~ ~ ~ O c C z a z ~ ~ a w O ~~ C ~00~0 OraDOc~ V ~N.-O N ct U a c~ ~ •- .- d ap Z J c w Z a a a . ~ U U O c J OO~~N ~~N~ ~r-tpNN r c'7 c~ ~ ~ O D Q N~ NOUO~ ^O Ovc+)Nc*~ O U j N ~ ~ r =C ~Q ~ a pU ~ 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 J c a Z ~ Q ~ 00~0~- 00000 OOOOO N O O J c w n . Z ~ ~~ QL~, O O r-- O O 0 0 0 0 0 0 0 0 0 0 ~ V~ ~ ~ Z CC _ ~ C ~ Q ~ OOr-.-O ON.-00 00000 ~ ~ r J O Z Q w Z ~OU~rJN O~OOch O~.-.-.- N ~ D II Z - U' Z 5 w Z OOO~O c7 Nc~tOON r- ^ Och Nr--N `N `N Q o O U Q a 7 U ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ¢a ¢¢aaaa¢¢¢ ` ~ ~ ~ ~ ~ ~ ~ = U O ~" ~ = ~ m o' aaaa¢¢¢aaa a¢¢aa~a o ~ ~ .-a. c oo'no'no~no~no~no~no~no~o~no~o~no ~o~no~no~n or-~vo^~nvo.-covo,-~go~cogo.-~vo ._ •- -- -- - -- -- -- -~ - ~~vo.-c~v Q ~ ,' ~ m ~ ~ ^ P __ .. o _. __ - ^ co -_ - __ N .. ._ _~ V O O ¢ O 75C-60 w ( ~ N N N d O U F ~ O 0 ~ w ~ ~ ~ Z p o ~ v=i vx-i a p ~ ° O O O J c tii ~ Q ~ ~ D °- ? p ~~o~ °°g LL Q ~ --- z • N W J V ~ ~ Ui c o = a p ~ O O ~ O ~ U O z Z W ~ ° II Q ~" L+~ d O O ~ O Q Z p F C d ~ p ~ J C O W ° ° U d Z p U i° ~Z N NN~ E oo ~ W ~ O U ~ a Uz ~ v r~ w a O a ~ ~Q ° o U y ~ y~C9~ ° o 0 V O U c a z p a ° o ~ 0 0 c a z p y ~ U c w ~ c ~ao~" O o o ~n _ cr) _ ~ ~ U c o2S W aZp ~ N , V _ V3 Z W J ~ c } ~ ca0~' J ~''~ Q c ~ w a ~z° c ~ W C .- O ~ d p ~ J r- N a Z ~ II ~ Q LL U LL Z O 3 Q j Z N N N C ~ ^ z ,p p O } U tW-- N ~ Q a O ~ CJ ~ ~ c ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a O = U Q in N c r-a. co . aa.aaaaaaa~aaaaaaaaaan.aaa.aaaaaa ~no~ao~o~o~no~no~no~no~no~o~no~no~n ~" U = w ~ ~ ~ ~ o~no~no~.r> -- -- -• -- -- - - -- -- -- -- •- •- - Q m ,~ -- ~ - •- - ~ a ~ :o - C9 O O Q ~ 75C-61 Z NchN~r- V'r-Uc'7~ ~~NNCO aD f~ Q 0 F M M r r ~ N ~ 2 j N 0 D ~ ~ ~ Z o ~ v=i Q „Lr, 00000 00000 00000 O O ~ C w ~ Q °- ? O ~ ~ J ~~ Q ~ O O O O O O O O O O O O O O O O O P LL J O Q Z ~ W J ~ ~ ~~ O O O O O O ~ .- O O 0 0 0 0 0 N CO W U c ~ ~ w d Z ~ Z C ~ ~ „Lr , 00000 Or--Nc~~ .--ONOO O O ~~ J ~~ ~ O Z W O Q ~ 0000 O~Nr~~ VP~O.-N ^ ~ U Z r a Z ~ a U ~ r U O (~ ~ L ~ N M N V ~ V N In ch l.p I~ V ~t r- ~O c7 c7 Z Q Q r O O W ~ O u~ Q W~ d ~ ~ Z ON~MCCn V ~NVNN ~c~~N~ O~ Q ~=c v ~n a ~ ~ ~a O ~ ~~ 0~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V ~ U c a Z 0 !- ~ Q~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O -' c a z a N O O U~ O O O O O O O O O O O O O O O 0 0~ W d Z ~ ~ , aZS ~ Z } w w C C a O~ O O ~ N .- .- .- ~O.- MOd ~O ~O ap ~ p Z ~ v 0 z a c 0 O ~d ~~ ~NOt~ M ~O N r~ c'7 O ~O QO ~O W ~ O N ' ~ O J aZD • !) ( - N I I J I=- n V Q ~ Q Z O ~ Q ~z `O~°'N'O ~~Mao~o ao~M~.o c 7 c7 c ¢. n Z o O N N E .- Q N N ~ ~ U r N to Z Q n. p ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O U Z Q v ~ a~ ~ ¢¢ ¢ ~ a ¢¢ as aa¢aa¢¢¢¢¢¢¢ aaaaaa ~ c i ,_a C ~O~O rM~ O ~O~O~O~O~O~O~O~Ot[~O~Otn0~000~ M'd'O~-c7Q0.-c7 tt0 - ' w ~ ~ ~ ~ O du , p i ~ ch c1 O~c*7C0. .. _ ._ __ - -- -- -- - _ aD -c+') V Or--o7~__ _ __ ~ac~ ~ m r U O .- ~ N r O O Q~ 75C-62 ~~O ~~ a O U F N Q O ~ ap Z o p ~ ~ rxn ~ ~ c a p ° O O w~ Q J c a Z p D J LL~ p~ ° O O O L.L ~ ~ z ~ O y W J c ° W u ~ a p ~ C OO 0 0 ~ U a Z p Z C O p~ O 0 0 J ~ Z O p d F c a J w p C Z Q a Z p a U V ~ c J ~ U ~ ~ ? ~ ~ '~' p W ~ V ~ Q y 0 ~~ Z ° O O Q ~- Q O U ~ '- = c V ~ O W d vii ~ 0 ~ ° o O ~ V O U C ~zp F- > a o ~ ° 0 0 J C d Z W J V c w C O a p~ ° O O _ " Ow V c a Z p dS cn Z ~ ~ w~~c C a p~ O O O O Z p c ~ w c O p ~ ° O O 2 a Z ~ II Z Q ~ U C O ~ Q cz ° O O C J Q a r~ r- c 0 p Q y U N vQj Z Q a U ~ ~ O U ~o_~ a ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ a ~ =U Q ~ m c ~a co a.aaaa aa_aan.aaad2aaaaadaaaaadaaa ~no~no~no~no~no~o~no~no~no ~" O ~" ~ O 0 r ~nou~o~no~no~no~o~n ~~~7N~c+]VO~c+~~t 0.-c'7V O.-ch V O.-ch VO~c'7ctO~c'7d' - __ - .- __ __ r ~ ~ ~ J m ~ ` _. _ ,o ~ ~ O O ~ O U ~- - ~- ¢ 75C-63 o 0 ° z o ~ c=i~ }. Q J LL W 0 Z ~ W ~ V y ~ U ~ C N Q. 1Q- 7 a~ p U U ~ `~ y W J V 2 dS ~ ~O ~ ~ Z 3 ~ a c 0 O Q ~ J a ~ zQ U ~- 0 ~ Q a n Z ~O 1w- N fa Z O U O J F '-ON~o ~~~~~ coN~ao~n ~~ OU ~ _ ~ ~ ~ ~~ 0 ~~o,cy , 00000 00000 00000 00 "~' c a Z ~ ~~ Q~ 0000 OV'~OVO N~VOO N O 0 C N ~- Z N ~ ~ ~ C °-~ O 00000 •--~.-~NO O~ONO N ~ ~ v O U c a z a w ~ ~ C ~ '~' C ooo~-O ON~oo ON~O~ N .p II _" ch Q ' (9 ~ Z p Z a Q ,~,~, O J O O O O O .-~. p~ ~ 7 c 7 O•- N r-- ~ w S O U ,p cry Z C ~ Z ~ ~ U Z '-O~OO ~O~~c+~N c7N~O~N tq ~ o O ,~ ,p Q Q w z OONNO O W OI~N ~-V ~N N Up N ~ ~ C Q max-,-,OOH 00000 00000 00000 00 J C a. Z ~ ~"a o c oo~~oo o.-.-oo oN.-oo v o '' c O ~ Z ~ O O ~~ OO~tr-O O.-ONO OOONO O O N ~ a z o a 0 0 C~o,cl, O ~ ~ oov~o ooo.-o oo~nNO 0 m o• r-- c'7 O 0 M ~ Z 0 ~~ C 9 ~ ~ O O O r~ N.- ~ ~ Och~N~ ,-r-00~0 LL ^ ~ O ~ w a Z II ~ J z U _ ,o Q ~ V V' U ZZ Q ~ d U c ~ O C ~ ~mc¢ ~ ¢ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ QaaaQQ¢¢¢¢¢¢aa ~ ~ ~ `~ ~ ~ ~ ~ ~ ~ a¢aaa ~ ~ ~ ~ ~ O U yu U ~ =w ,-.a co ~c' oar'oar'oar'ou'o`oo~c'o'n ¢aa o~no~no~no~no~n ¢~aaa o~ o N ~ ~ o ,ri .- -- MCO.-~q'o~~vo^~v_ -- - ;o -- •- ^ -- -- -- -- - •- o.-Ivor-Ivor- -- -- - - -- - - -- no~o~n ~vo^~v ~ ~ ,- g m ~ o; o .- ~ -- -- -- -- -- U O O Q ~ 5C-64 y W V S W > Z ~ r a. OUF x 0 ~ w z ~ ~ O = ~ v i x -' ~ C p~ ~n O 0 0 W ~ Q O J C ~ Z ~ Q J ~ C ~ O O O 0 W ~ O Q p r Z H W J O _ ~ a D ~ O O O O ~ Z ~ Z Q c a ~ ~" O O O II ~ ~ a Z ~ F c a w O O ~ c z a o _ ~ U U O V a c ' ~ Z '- r= Z ~ o O yu W ~ U y ~ a ~ U J y N 0 O ~ U z ° O O a ~ ~ a a ~ _ ~Q ° o m ~ a p~ ° O o V O U c a z o F- > O o ~ ° 0 0 o az y -W-+ ~ ~ C9 c g o ~ ° O o W U c ~ z ~ ~ r\ ~ o dS ~ O Z ~ C w w O O to Q ~ ..t _ c O p~ O O ~ ~ ~ a U o O m Z ~ Z ~ ~ c ~ w c O p c O ~ a ~ 'y' J 0 0 p = a Z 0 W II ~ Q ii Z U ~ ° ~ O~ Q ~ z o o c} a r~ Q ~ Z c 0 ~ } U ,o ~ N ~ Z a ~ U p ~ ~~S ~ a ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ O =U ~ Q U ~ N c ,-a CO aaaa.adaaaaaaaaaaan.aaaaaaaaaaa~a ~O~O~OLQp ~O~OM '~' Q ~,_, O ~ OMO~O~OMObO~OMO~fJO~ '-~'~ VN~M VOr-Mq'O.-chd O~-c+) VO.-ch~O~c~ V O'--chV -- -- __ y_, ~ Q ~ J m ~ ~ ~ ~ __ __ _. ^ __ __ _. ~ -- -- ~ O ~ O Q U 75C-65 TEMPLO CALVARIO CHURCH PARKING MANAGEMENT PLAN Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, CA 92708 (714)667-0496 August 7, 2008 ,EXHIBIT 1Q 75C-66 TEMPLO CALVARIO CHURCH Parking Management Plan Templo Calvario Church, located at 2617 West Fifth Street in the City of Santa Ana, is proposing to expand its sanctuary seating from 1,200 seats to between 2,000-2,400 seats. As part of the church expansion, AFA has completed a supplemental parking management plan: 1) On Sundays, the church will have 245 on-site parking spaces available to their attendees and will be restricted from parking in non-approved parking areas shown in Figure 1. a) Church patrons shall not block or park in the driveways, entrances/exits, or loading zones of the neighboring on site businesses. b) Church members shall not park along any red curbs or fire hydrants throughout the center. c) Church members shall not "double park" at any locations throughout the site, and shall keep all drive aisles clear during church service for emergency vehicles. d) The church management on Sundays shall monitor parking and those cars that are improperly parked shall be warned and documented. 2) Proper management of the on site parking will need to be enforced to ensure that the prohibited actions listed in subsection 1) above are prevented. a) Templo Calvario staff shall serve as parking attendants in the main on-site 30 minutes before and after the start of each service to supervise, regulate and handle any questions or concerns regarding parking on-site. b) Parking staff shall be required to wear garments such as an orange vest or yellow jacket during their shifts so they may be easily recognized and identified by both church attendees and the general public. c) A parking lot monitoring system shall be implemented to observe when the approved on site parking lot is near capacity and full. d) When the on site parking lot is full, Templo staff shall prohibit any further church members from parking on site and direct the church traffic to park in the approved off-site locations. Templo Calvario Church Parking Management Plan Austin-Foust Associates, Inc. 925002PMP.doc 75C-67 3) Suitable offsite parking will be located on the west side of Fairview Street between Fifth Street and Civic Center Drive at Spurgeon Intermediate School and the Santa Ana School District Warehouse for an additional 385 parking spaces. 4) Additional on street parking can be utilized at locations (i.e. south of Fifth Street in the industrial area) where the City does not prohibit or restrict parking on Sundays during church service. 5) Signs will be placed and maintained outside of the building to warn street parkers that if illegally parked, their cars will be towed away at owner's expense. 6) Church goers that park in offsite locations shall be directed to use the pedestrian crossing locations when crossing Fairview Street or Fifth Street at the existing signalized intersections of Fairview Street and Fifth Street or at Fairview Street and Civic Center Drive. a) Church attendees will be instructed not to cross Fairview Street or Fifth Street at any mid-block or unsignalized locations. b) After the opening of the Templo Calvario Church expansion, pedestrian traffic patterns will be monitored to address the need for additional pedestrian crossing locations by an appropriate agency. 7) The use of church staff as crossing guards at the existing signalized intersections of Fairview Street and Fifth Street and at Fairview Street and Civic Center Drive should be implemented before the start of each service and after commencement for the safety of the church patrons. a) It is recommended that between one and two church staff members should be placed at both intersections during the time periods proceeding and following church service for pedestrian supervision. b) After the opening of the Templo Calvario Church expansion, pedestrian traffic patterns should be evaluated by an appropriate agency to address the need for additional crossing guards at the two signalized intersections. c) Adequate training must be provided to the designated staff members that take on the responsibilities and authority of crossing guards from an appropriate agency responsible for traffic control. Templo Calvario Church Parking Management Plan 2 Austin-Foust Associates, Inc. 925002PMP.doc 75C-68 d) Training programs should be designed to acquaint the newly appointed crossing guards with their specific duties, local traffic regulations, and crossing techniques. e) These crossing guards shall be instructed to wear the standard crossing guard uniform required by the appropriate agency responsible for traffic control. 8) The Templo Calvario Church shall be responsible to formally notify its members to all the aspects of this plan. 9) The Templo Calvario Church shall create atrash/maintenance plan for all parking facilities used during Sunday service. At a minimum, this plan shall include an education component for the church parishioners, instructions of the location of trash bins and a schedule of maintenance of the church bins in these parking lots. Templo Calvario Church Parking Management Plan 3 Austin-Foust Associates, Inc. 925002PMP.doc 75C-69 .. _~ ~ a cd 'r1 75C-70 ~~ ~~ (ppa~ ~ ~ - K a ,, w' ~' N z 0 8 ~ n ^ ~s ~` e ~~ 0 a. != a ~~~ ~~~ manta Ana Unified School Distric ` ~ ~ G RISK MANAGEMENT ~~J'runn~O~S~ Jane A. Russo, Superintendent August 7, 2008 Templo Calvario, Inc. Rudy Ortiz 2501 W. Sty Street Santa Ana, CA. 92703 RE: LETTER OF AGREEMENT BETWEEN THE SAUSD AND TEMPLO CALVARIC ASSEMBLY OF GOD CHURCH FOR THE USE OF SAUSD FACILITIES FOR PARKING Dear Mr. Ortiz, The Santa Ana Unified School District has received your application and preliminary agreement for t use of District facilities located at 750 N. Fairview Street Santa Ana, Calif. 92703. he The Santa Ana Unified School District will be able to accommodate your request for the followin g Uay of Wcek Hours needed Time Event Description of Pacili Re nested B ins ty 9 TYPe of Sunday 8:00 am - 9:00 am 1 1:00 am Parking Lot at fr- o f District Warehouse and Community Day School (1 15 narkino ~„a..o~~ Activity Church $60 per hour Service + District Security Officer The District will issue a permit following receipt of insurance and facilities use fee. Communit organizations engaged in ongoing rental of facilities may be required to post a reasonable securit deposit in lieu of refundable deposits for each rental. All use fees shall be paid prior to the be in Y date of use. y g ning S'i`incerely, t 2~ Camille Boden Executive Director of Risk Management 1601 East Chestnut Avenue, Santa Ana, CA 92701-6322, (714) 558-5501 BOARD OF EDUCATION Jose Alfredo I-Iernandez, President • Rob Richardson, Vice President Audrey Yamagata-Noji, Ph.D., Clerk • Rosemarie Avila, Member • Jolu~ Palacio, Member E~><~5~-71 Conditional Use Permit No. 2008-05 August 25, 2008 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The expansion of the Templo Calvario Assembly of God Church, as conditioned, will allow the expansion of a religious facility that provides needed reli sous services to the surrounding community, g and benevolent B. 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? Templo Calvario, as conditioned, will not be detrimental to persons residing or working in the area. been provided that addresses the reduction in parking study has peak parking demands on weekends when the surrounding buildings are closed. Any anticipated impacts to health welfare are sufficiently mitigated through the conditions of approval imposed on this project. C• Will the proposed use adversel stability or future economic deve opment cof grope Pt iesnsurrouondmic the area? ng The proposed church expansion, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This use will addition to the surrounding area and wipllovcomplementltand improve the economic viability of the area. D• Will the proposed use com 1 specified in Chapter 41 of the 1Santa AnaegMuni ipal Codeconditions use? for such The proposed church will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate church uses. EXHIBj~'1~ _~ Conditional Use Permit No. 2008-05 August 25, 2008 Page 2 of 2 E• Will the proposed use adversel specific plan of the City? y affect the General Plan or any The proposed church expansion will adversely affect the General Plan designation of Industrial Plan No. (IND) The Specific Development 82 district will continue to allow the existing industrial uses in addition to the church use. 75C-73 AUGUST 25, 2008 PAGE 1 OF 3 Conditions of A Aroval Conditional Use Permit No. 2008-05 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 California Building Standards 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 prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A• Planning Division 1• All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-57. 2. Prior to issuance of a certificate of shall prepare an operational plan occupancy, the applicant that will ancillary uses and the fellowship h s limit the use of all to the ho anctuary is not being utilized. urs the church 3• Prior to issuance of a certificate of shall provide evidence of occupancy, the applicant an agreeme the City Attorney, securing parkin nt, in a form acceptable to st ll g Unified School District. a s from the Santa Ana 4• Prior to issuance of a certificate of facilities to be used to satisfy the occupancy, the parking be improved to comply with applicable parking requirements shall codes. 5• The applicant is responsible for the the premises Th removal of all graffiti on . e graffiti shall be occurrence. removed within 24 hours of 6• In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. EX'S-74 AUGUST 25, 2008 PAGE 2 OF 3 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8• After the issuance of a certificate of occupancy, quarterl meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. B• Public Works Agency 1• Submit a copy of the lease agreement. 2• Revise the site plan to eliminate the proposed driveways on Fifth Street and Fairview Street• driveways, which will require an ingresstegress easeme tswith the adjacent property. 3• Revise the site plan to depict and note the slurr (including crack repair as necessar Y seal the project frontage. Y) of Fifth Street along 4• Revise the site p easement will be required to cotvertcross lotedrprocal drainage ainage. 5• Revise the site plan to depict and note, if any, new points of connection for utility services required to service the site. 6• Revise the site plan to depict and note the reconstruction of the easternmost existing drivewa minimum dimensions, W=A=28~ Y to have the following and X=4 . ~• Revise the site plan to correct note #4 on sheet #A1.2 to read "Driveway" instead of "H.C. Ramp . 8• Revise the site plan to depict the construction of sidewalk culverts to drain the site safely. Drainage routed to the street must be directed beneath to drain the sidewalk and through the curb. 9• Revise the site plan to note the installation of storm water inlets, with filters to remove hydrocarbons, sediment, and trash, before discharging into storm drain and/or street. This applies to the proposed parking lot area. 75C-75 AUGUST 25, 2008 PAGE 3 OF 3 10. Submit a preliminary evaluation of the surface drama e showing the direction and means of the flow to the adjacent street and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. 11. Revise the site plan to incorporate construction of the proposed "Site Design" Bmp's (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc.) to minimize the impervious areas and to maximize permeability and natural areas per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP) . 12. Revise the site plan to incorporate construction of an proposed "Treatment Control" Bmp's using the Best Available Technology (such as biofilters, dr landscape detentions, Wet y or wet detention basins, filtration basins, etc. ponds or wetlands, drainage inserts, near the pollutant source, so as etomitnfid' ltraten and alculations pollutants of concern in filter the post development run-off flow prior to its discharge into any receivin Orange County Drainage Area Managemenbo planf water per the City of Santa Ana Local Implementation Plan (LIP)D~p) and the 75C-76 Variance No. 2008-04 August 25, 2008 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subject property, includin surroundings, the strictsapplicathonpeof thep~oningyordinanction, or to deprive the subject property of privileges not otherwiseouatd variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site is an irregularly shaped lot that is bordered by a vacant right-of-way line. Due to the shape of the lot and the placement of the existing buildings, the applicant is unable to provide additional parking on the site. B• That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating an existing building and providing religious services to residents of the City as conditionally permitted by the zoning. C• That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to surrounding properties as conditions of approval, such as a block wall and landscaping, are proposed to mitigate impacts to the residential uses to the north. As conditioned, the additional off-site parking spaces will minimize the impacts to surrounding properties. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as a goal of the General Plan is to promote a balance of land uses that address basic community needs. EXHIBIT 14 75C-77 AUGUST 25, 2008 PAGE 1 OF 2 Conditions for Approval Variance No. 2008-04 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 California Building Standards 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 prior to exercising the rights conferred by this 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. 04-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. E~'~~ AUGUST 25, 2008 PAGE 2 OF 2 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. 75C-79 AUGUST 25, 2008 PAGE 1 OF 1 Conditions for Approval Site Plan Review No. 2008-02 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 California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. The project shall remain in compliance with Site Plan Review No. 2004-57. EXHIBIT 16 75C-80 Environmental Checklist CEQA Compliance PLANNING DIVISION Project Title: Templo Calvario Assembly of God Church Expansion Project Numbers: AA 2008-06 CUP 2008-05 VA 2008-04, SPR 2008-02 and ER 2004-162 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Vince Fregoso (714) 667-2713 V. Project Location: 2501 West Fifth Street VI. Project Sponsor's Name and Address: Rudy Ortiz, Templo Calvario Assembly of God Church, 2501 West Fifth Street, Santa Ana, CA 92703 VII. General Plan Designation: Industrial (IND) VIII. Zoning: Light Industrial (M-1) IX. Description of Project: The proposed project consists of the conversion of an existing 29,106 square foot industrial building into a new 2,400 seat church sanctuary. In order to allow the new sanctuary, the applicant is proposing to change the zoning designation of the existing site from Light Industrial (M1) to Specific Development No. 82. The intent of the Specific Development Plan is to allow churches, which were once permitted in the Light Industrial (M-1) zoning district but are no longer allowed. The project includes the interior and exterior remodel of a vacant building to provide a larger worship facility and additional office space for the church. Additionally, minor architectural improvements such as the removal of damaged wood shingles, the installation of new plaster, and new paint are proposed for the exterior of the building. Landscaping improvements will be limited to the maintenance of existing plant material, the replacement of missing plant material within existing setbacks and parking lot planters, and the removal and replacement of trees that are damaging sidewalks. The church will provide 630 parking spaces both on and off-site, including 245 on the premises, 113 at Spurgeon Intermediate School immediately west of the site, 272 spaces at the school district warehouse site northwest of the subject site. Additionally, street parking for approximately 200 vehicles is provided on the streets serving the industrial uses to the south of the church site. Parking for an additional 120 vehicles for overflow parking during special events will also be available on the OCTA right-of--way north of the site. The project currently has an Industrial (IND) general plan land use designation and Light Industrial (M1) zoning designation. Therefore, a general plan amendment and zone change are proposed. Additionally, a conditional use permit to allow a church facility within an SD zoning distinct, a variance to allow a reduction in required parking and site plan review approval for a development within an SD zoning district are requested. Templo Calvario currently holds services within a smaller, 1,150 seat facility in an adjacent building at 2617 West Fifth Street. Currently, services are held on Sunday at 8:00 a.m., 10:00 a.m., 12:00 p.m. and 5:00 p.m. In addition, other programs such as church office operations, a child care center, a book store and community outreach programs are operated from adjacent spaces within the existing campus. These programs are normally operated Monday through Friday from 8:00 a.m. to 5:00 p.m. LL\M:\WP51\MISC\Templo Calvario MND.doc L`j ~'I' }pJ Page 1 of 2 Environmental Checklist CEQA Compliance X. Surrounding Land Uses and Setting: The project site is a fully developed, rectangular shaped parcel located on the northeast corner of Fifth and Fairview Streets. Vehicular access to the site is provided on both Fifth Street and Fairview Street. with Fairview Street listed as a major arterial street in the Circulation Element of the City's General Plan. The surrounding land uses include the vacant OCTA right-of-way and residential to the north, industrial uses to the south and east, and an intermediate school and a school district warehouse to the west. XI. Other agencies whose approval is required. No approval is required from outside agencies. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning Environmental Determination On the basis of this initial evaluation, I find that: O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR hall a prepared. Signature Da e Vince Freaoso. Principal Planner LL\M:\WP51\MISC\Templo Calvario MND.doc ~ ~ ~ _ A A Page 2 of 2 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Issues & Supporting Information Sources 1. Aesthetics -Would the project: Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. Have a substantial adverse effect on a scenic vista? ^ ^ ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ^ 75C-83 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ^ concentrations? 75C-84 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8 Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and 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 ^ ^ ^ paleontological resource or site? 75C-85 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those ^ ^ ^ interred outside of formal cemeteries? VI. Geo logy and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as ^ ^ ^ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ^ ^ ® ^ 3. Seismic-related ground failure, including ^ ^ ® ^ liquefaction? 4. Landslides? ^ ^ ^ B. Would the project result in substantial soil erosion ^ ^ ^ or the loss of topsoil? C. Would the project result in the loss of a unique ^ ^ ^ geologic feature? D. Is the project located on strata or soil that is ^ ^ ^ unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of ^ ^ ^ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 75C-86 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials -Would the project: Less than Significant Potentially with Significant Mitigation Impact Incorporated 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)? 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? Less Than Significant No Impact Impact ^ ^ ^ ^ ^ ^ 75C-87 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact D. Create or contribute runoff water which would ^ ^ ^ exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? ^ ^ ^ F. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? H. Expose people or structures to a significant risk of ^ ^ ^ loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to ^ ^ ^ receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water ^ ^ ^ quality during or following construction? K. Could the proposed project result in increased ^ ^ ^ erosion downstream? L. Result in increased impervious surfaces and ^ ^ ^ associated increased runoff? M. Create a significant adverse environmental impact ^ ^ ^ to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as ^ ^ ^ listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? 75C-88 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact O. Tributary to other environmentally sensitive areas? ^ ^ ^ If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact ^ ^ on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on ^ ^ groundwater quality? R. Cause or contribute to an exceedance of ^ ^ applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? ^ ^ IX. Land Use and Planning -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? ^ ^ ^ ^ 75C-89 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ^ ® ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ ^ ® ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use ^ ^ ^ plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? 75C-90 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ® ^ 2. Police protection? ^ ^ ® ^ 3. Schools? ^ ^ ^ 4. Parks? ^ ^ ^ 5. Other public facilities? ^ ^ ^ XIV. Recreation A. Would the project increase the use of existing ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation 1 Traffic A. Cause an increase in traffic which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? ^ ^ ^ ^ ® ^ ^ 75C-91 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact B. Exceed, either individually or cumulatively, a level ^ ^ ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? ^ F. Result in inadequate parking capacity? ^ G. Conflict with adopted policies supporting ^ alternative transportation (e.g., bus turnouts, bicycle racks)? ^ ^ ^ ^ XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater ^ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 75C-92 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ^ ^ ® ^ permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ® ^ regulations related to solid waste? 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? 75C-93 Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the environmental impact report for the Santa Ana General Plan Land Use Element (EIR No. 97-1 ). I. Aesthetics- A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The Orange Freeway (SR-57), Newport-Costa Mesa Freeway (SR- 55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The proposed project site is not visible from any of those highways and therefore will not damage or destroy any scenic resources that are located within the vicinity of these highways. C. Substantially degrade the existing surrounding? D. Create a new source of substantial nighttime views in the area? visual character or quality of the site and its light or glare, which would adversely affect day or No Impact The proposed project will not degrade the visual quality of the site, with impacts anticipated to be beneficial, not adverse. The project includes the rehabilitation and remodel of a vacant industrial building with newer, better quality building materials. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions as the church will primarily operate during the day and no new light standards are proposed within the parking lot. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact The project will not impact any prime farmland, conflict with existing zones for agriculture uses or involve changes in the existing environment that results in a loss of farmland. The project site is currently occupied by several industrial buildings, with the project consisting of the re-tenanting of an industrial building with no new construction proposed as part of this project. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. 75C-94 Responses to Environmental Checklist For CEQA Compliance III. Air Quality 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? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in the General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed church project will not impact the growth projections in the General Plan. Therefore, approval of the proposed zone change will not conflict with the South Coast AQMP. Finally, the proposed project is a church land use and would not generate significant long-term operational odors. C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than significant impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently anon-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Da Quarter Pounds/Da Carbon Monoxide 550 24.75 550 Reactive Organic Com ounds 75 2.5 55 Nitro en Oxides 100 2.5 55 Particulate Matter 150 6.75 150 75C-95 Responses to Environmental Checklist For CEQA Compliance ong- erm perationa Air ua ity Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the City's General Plan and would not exceed the air pollutant emission projections established in the General Plan Land Use Element EIR. It has been determined that implementation of the proposed project would not result significant long-term or short-term air quality impacts. Therefore, the proposed project area would not be exposed to substantial concentrations of air quality pollutants. . IV. Biological Resources A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Since no new construction is proposed, approval and implementation of the proposed project will not result in impacts to any on-site biological resource. V. Cultural Resources 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 Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the National Register of Historical Structures and the City of Santa Ana Local List of Historical Properties, there are no historical structures located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. Further, According to the City's General Plan Land Use Element EIR, there are no known or recorded archaeological or paleontological resources on or within the vicinity of the project site. Additionally, the project site is fully developed. The probability for the discovery of unknown cultural resources would be low. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources. 75C-96 Responses to Environmental Checklist For CEQA Compliance VI. Geology and Soils A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is located in a highly active seismic region of Southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a significant damage from a magnitude 7.0 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the site are similar to many other areas in Southern California. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the California Standards Building Code. Compliance with the Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is characterized with high-medium liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the California Standards Building Code. Compliance with the Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Landslides 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 proposed project would not result in adverse impacts in regards to landslides. 75C-97 Responses to Environmental Checklist For CEQA Compliance B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. The project will not result in substantial soil erosion or loss of topsoil as the project does not propose changes in the existing environment. With the exception of landscaped areas, the project is predominately covered with asphalt parking areas. Therefore the proposed project will not result in any adverse impacts to top soil or result in soil erosion. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. 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? No Impact According the City's General Plan Land Use Element EIR, the project site is located on soils that have high shrink/swell potential, possible corrosion potential to uncoated steel and low corrosion potential to concrete. However, since no new construction is proposed for this project, the soil conditions on the project site will not provide a constraint on the proposed project. E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The project site is an improved building site with an improved sewer system. In terms of geological stability, the project will not require the expansion of additional sewer facilities. VII. Hazards and Hazardous Materials A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? 75C-98 Responses to Environmental Checklist For CEQA Compliance No Impact Approval of the proposed church use would have no impact on the transport or disposal of hazardous material in that the proposed project does not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Therefore, implementation of the proposed project will not 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 a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed project would not increase the potential for safety hazards for people residing in or working within the City. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? Q. Have a potentially significant adverse impact on the groundwater quality? 75C-99 6 Responses to Environmental Checklist For CEQA Compliance R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? No Impact The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the project site would be conveyed to an underground storm drain before ultimately discharging into Santa Ana River watershed. The Santa Ana Regional Water Quality Control Board has identified Santa Ana River as impaired by nutrients, sediments, metals and pesticides. Since no new construction is proposed for this project, there will be no impact to the hydrology and water quality from the project. 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. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project are limited to exterior improvements and interior tenant improvements and would not encroach onto the underground water basin. Implementation of the proposed project would not result in significant impacts to any underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? No Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would not introduce additional impervious surfaces unto the project site. There would be no significant increase in the surface water flows generated from the project site because the site is currently imperious and the project will not change the existing conditions. 75C-100 Responses to Environmental Checklist For CEQA Compliance F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 06022320257H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact The project site is currently developed with commercial and industrial development that is oriented towards two arterial streets. The project consists of tenant improvements and exterior upgrades that will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No impact The General Plan land use designation and zoning for the site are industrial, with the site historically used for commercial, residential and religious purposes. The proposed project includes a zone change to allow the properties to be redesignated to be consistent with the existing development as well as allow the church use on a major arterial street. The proposed project will continue the existing development pattern and will not create a conflict with any applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an environmental effect. X. Mineral Resources A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 75C-101 Responses to Environmental Checklist For CEQA Compliance No Impact According to the City's Updated General Plan Land Use Element EIR, there are no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. Noise A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 Ci Of Santa Ana Land Use Gu idelines For Exterior Noise Land Use Noise Level dBA CNEL or Ldn Desirable Maximum Maximum Acce table Low Densit Residential 55 65 Medium Densit Residential 60 65 Hi h Densit Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3d6 increase to existing noise levels when the existing noise level is at least 65 dB CNEL. The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels could occur when existing traffic volumes are more than doubled. Since there are no sensitive receptors in the immediate area of the parking lots, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. 75C-102 Responses to Environmental Checklist For CEQA Compliance No Impact The proposed project involves both the exterior remodel of an existing building and tenant improvements, with no new construction. No mitigation measures are necessary. Implementation of the proposed project would not result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. XII. Population and Housing A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project would replace an existing industrial use with a church use. Implementation of the proposed project would not increase the population within the project area or displace existing households within the project area. The proposed project is consistent with the General Plan and local and regional growth projections for the project area. XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. 75C-103 10 Responses to Environmental Checklist For CEQA Compliance ire station is ocate at t e corner o i and ew ope treets an is approximate y mi a rom t e project site. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. Pursuant to the California Fire Code, the installation of an automatic fire sprinklers system and fire alarm system are required. Compliance with the California Fire Code would reduce any potential impacts to a level considered less than significant. Police Protection: Less than Significant The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, the church operation will not increase the demand for police protection services over current levels of manpower and equipment. The Police Department would be able to provide an adequate level of service. Schools, Parks, Other Facilities: No Impact Implementation of the proposed project would not generate demand for additional school services above the current conditions, nor would it generate demand for additional park services. No adverse impacts to schools, parks or other public services would occur. XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. XV. Transportation/Traffic A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? Less than Significant Impact The implementation of the proposed project would increase vehicle trips in the project area in that the project increases the seating capacity of the church sanctuary. According to projected trip generation prepared by the City of Santa Ana Traffic Division, an additional 396 trips may be anticipated from the new sanctuary. As the church operates primarily on Sundays, no impacts are expected to the street system. Therefore, no mitigation measures are required. 75C-104 11 Responses to Environmental Checklist For CEQA Compliance B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact The proposed project will not result in an increase in traffic that will affect the level of service standard for Fifth or Fairview Streets, the two primary streets in the immediate vicinity. No impact is anticipated. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. No impact is anticipated. D. Substantially increase hazards to a design feature No Impact Through the City's development review process, the City's Public Works Agency has determined that implementation of the proposed project would not increase traffic hazards within the project area. E. Result in inadequate emergency access No Impact As part of the City's development review process, the proposed project was reviewed by the Police Department and the Fire Department to ensure adequate emergency access. No adverse emergency access impacts would be associated with the proposed project. F. Result in inadequate parking capacity Less than Significant Impact with mitigation incorporated The City of Santa Ana stipulates that the parking for a development be based on the City's parking code. The off-street parking code establishes stand alone peak parking requirements for various primary uses and assumes that ancillary uses are not parked separately: It is expected that ancillary uses would be occupied at off-peak times or would be in use by those who had also arrived for the main use, which in this case is worship services. Thus, the size of the assembly area for church drives the parking requirement. Templo Calvario's proposed assembly area contains 26,331 square feet of non-fixed seat floor area, which calculates to a total parking requirement of 752 parking spaces. Templo Calvario occupies several buildings within an integrated development site with 303 parking spaces, of which 245 are available for use by all in a shared basis. The other uses on the site operate primarily Monday through Friday, leaving most of the site available for the church parking on the weekends, and more specifically on Sunday when the church conducts its worship services. The resulting shortage of 507 on-site parking spaces could potentially result in inadequate parking supply and could create traffic impacts as vehicles would have to queue on the street waiting for available spaces. To minimize potential traffic impacts related to the shortage of parking spaces, the Planning Division is recommending the following mitigation measures: 75C-105 t2 Responses to Environmental Checklist For CEQA Compliance Mitigation Measures • The church shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. • Prior to the issuance of a Certificate of Occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney of the City of Santa Ana, securing a minimum of 385 parking stalls from the Santa Ana Unified School District. • Prior to the issuance of a Certificate of Occupancy, the applicant shall provide a parking management plan in a form acceptable to the Planning Manager of the City of Santa Ana, describing the manner in which pedestrian safety will be ensured from the off-site parking lots. • The parking facilities used to satisfy the parking requirements shall be improved to comply with applicable codes. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. No Impact The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD. 75C-106 >3 Responses to Environmental Checklist For CEQA Compliance The City of Santa Ana and OCSD would provide wastewater service to the proposed project. The project area is currently improved with wastewater sewer facilities. Implementation of the project would not increase wastewater demands in the project area over current condition. The wastewater demands of the project would be accounted for in the City's Urban Water Management Plan. Additionally, implementation of the project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. The City of Santa Ana Water Department would provide domestic water service for the proposed project. Implementation of the proposed project would not increase water demand within the project area over the current condition. The proposed project is consistent with the General Plan and water demands are accounted for in the City's Urban Water Management Plan. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. Project Alternatives See Exhibit A (attached) for a discussion on project alternatives. XVIII. 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. 75C-107 14 Responses to Environmental Checklist For CEQA Compliance o Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish, wildlife populations or cultural resources are known to exist on the project site. Additionally, it is unlikely that unknown cultural resources would be discovered on the project site as it has previously been developed. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Implementation of the proposed project would not result in cumulative impacts to the environment. The proposed project would comply with the applicable requirements of the California Standards Building Code, conditions of approval and mitigation measures, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. IXX. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 06059C0259H City of Santa Ana Development Review Committee, August 2007 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Vince Fregoso, Principal Planner, May 2008 Integrated Waste Management Solid Waste Generation Rate 75C-108 15 Responses to Environmental Checklist For CEQA Compliance City of Santa Ana 2000 Urban Water Management Plan XX.PREPARERS Vince Fregoso, City of Santa Ana Principal Planner Lucy Linnaus. City of Santa Ana Senior Planner 75C-109 16 Responses to Environmental Checklist For CEQA Compliance TEMPLO CALVARIO ASSEMBLY OF GOD CHURCH ENVIRONMENTAL REVIEW NO. 2004-162 MITIGATION MEASURE AGENCY APPROVAL Prior to the issuance of the Certificate of Occu anc • The church shall prepare an operational plan that will Planning limit the use of ancillary uses and the fellowship hall to Division the hours the church sanctuary is not being utilized. • The applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney of the City of Santa Ana, securing a minimum of 385 parking stalls from the Santa Ana Unified School District. • The applicant shall provide a parking management plan in a form acceptable to the Planning Manager of the City of Santa Ana, describing the manner in which pedestrian safety will be ensured from the off-site parking lots. • The parking facilities used to satisfy the parking requirements shall be improved to comply with applicable codes. 75C-110 Responses to Environmental Checklist For CEQA Compliance Exhibit A Review of Project Alternatives The Mitigated Negative Declaration has reviewed and considered the impacts associated with the proposed project. All impacts associated with the church project have been adequately mitigated and are included within the mitigated negative declaration. Additionally, other alternatives to the project have been considered, including no project, a reduced project and alternative sites for the church. The no project alternative was not considered as it does not meet the project objectives, which is to provide a larger worship area for Templo Calvario, which is an expanding church operation. The reduced project, which consists of constructing a smaller sanctuary for the church, also does not meet the objectives for the project as the church needs to construct a 2,400 seat sanctuary to meet the needs of its growing congregation. Finally, alternative sites for the relocation of the church were also explored. These alternative sites were not feasible due to concerns with structural issues related to existing buildings, a lack of large sites and unavailability of viable sites to accommodate the church, and the need of the church to be located in the central area of the city to serve its members. 75C-111 2 OCTA BOARD OF DIRECTORS Chris Norby Chairman Peter Bu~9a Vice Charrman Jerry Amante Director Patricia Bates Director Art Brown Director Bill Campbell Director Carolyn V Cavecche Director Richard Dixon Director Paul G. Glaab Director Cafhy Green Director Allan Mansoor Director John Moorlach Director Janet Nguyen Director Curt Phngte Director Miguel Pulido Director Mark Rosen Director Gregory T Winterbottom Director Cindy Quon Governor's Ex-Officio Member CHIEF EXECUTIVE OFFICE Arthur T Leahy Ch~el Executive Officer R~cErvEp July 30, 2008 Mr. Vince Fregoso, Principal Planner City of Santa Ana P.O. Box 1988, M-20 Santa Ana, CA 92702 i~UL 3 Y 2008 ~trta,r~aa p~ ~~, Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the Templo Calvario Assembly of God Church Expansion Dear Mr. Fregoso: The Orange County Transportation Authority (OCTA) has reviewed the above referenced document. The following comments are provided for your consideration: • OCTA staff will need further clarification from Templo Calvario staff as to the location of the OCTA right-of-way (ROW) referred to on Page 1 of 2 under "Description of Project" in the third paragraph. • Templo Calvario currently licenses a portion of OCTA's Pacific Electric ROW. Future licensing of adjacent OCTA ROW parcels will be considered on a month-to-month basis only. Permanent improvements, i.e. asphalt, concrete, etc. will not be considered for use on these parcels. If you have any questions or comments, please contact me by phone at (714) 560-5683 or by email at clarwood@octa.net. If you have any questions regarding Right-of-Way administration, please contact Bill Mock by phone at (714) 560-5737 or by email at wmock@octa.net. Sincerely, ~~ Charles Larwoo Manager, Transportation Planning c: Bill Mock, OCTA O~~nty Irags~ation Authority 550 South Main Street / PO. Bo 1 Q~ g lifornia 92863-1584 / (714) 560-OCTA (6282) ORDINANCE NO. NS-2777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 82 (SD-82) AND REZONING THE PROPERTY LOCATED AT 2501 WEST FIFTH STREET LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) (AA NO. 2008- 06) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008-06 rezoning the property from Light Industrial (M1) to Specific Development No. 82 (SD-82); Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 for the property located at 2501 West Fifth Street. B. On August 25, 2008, the Planning Commission held a duly noticed public hearing and voted unanimously to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008- 06 rezoning the property from Light Industrial (M1) to Specific Development No. 82; Conditional Use Permit No. 2008-05 to operate a 75C-113 Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana for a public hearing October 6, 2008, and at that time the City Council considered all testimony, written and oral. D. Amendment Application No. 2008-06 has been filed with the City of Santa Ana to adopt Specific Development No. 82 (SD-82) and to rezone the property located at 2501 West Fifth Street from Light Industrial (M1) to Specific Development No. 82 (SD-82). (AA No. 2008-06) E. Specific Development No. 82 would allow all of the permitted and conditionally permitted uses currently found in the Light Industrial (M1) with churches and ancillary church uses as an additional conditionally permitted use. F. Amendment Application No. 2008-06 is consistent with the General Plan, including but not limited to its goals and policies: 1. Promote a balance of land uses to address basic community needs. Goal 1.0 of the Land Use Element of the General Plan. 2. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Goal 4.0 of the Land Use Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 2501 West Fifth Street is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 6, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2008-06 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. The resolution approving and adopting the amended Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-162 which came before the City Council on October 6, 2008. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 2501 West Fifth Street is hereby reclassified from Light Industrial (M1) to Specific Development No. 82 (SD-82). (AA No. 2008-06) Amended Sectional District Map number 11-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 75C-114 Section 3. Specific Development No. 82 (SD-82) as set forth in Exhibit "B," attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kyfee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75C-115 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C-116 EXHIBIT A I2-5-,0 , WE/'STMINSTER ~nrrl sT.~ AVE. 3~5-10 +l li //////////// / I I ~~ I I I 2-510 +`-510 1n-s-19 c1 C1 _ ~-~,. C1 °~ R2 1z-s-1o "I~ ~2 ~Q'~ R1-Bs R2 e J ~ RZ R1 R1 I R2 R2 < R3 R1~ s Rt a 1~ ~~ ~ ~~P/ a R1 Rt Rt ~ 0 H n/ 2 R2 R1 ~ ~ MR1 A EN R3 ~ fn R1 li~_-~ R2 R1 R1 R1 R1 R1 ~p sP~1 i ~~11R31. Rl R1 Rt R1 R1 _ RI R1 sP-1 R2 a R1 R1 Rt ":P~, -= R s R2 R1 i R1 Ri R1 Ri ~,SP. r sr ~ vTR s -- 2~ ~R1 DO R1 A Rt R1 R7 R1 sP-, - -CIVIC CENTER DR. - --- -- i ~ Rl R1 6,~,a R1 P P ,., QJ` R2 ..° I R1 R1•°. I ^ R2 ,n.a~ R1 Ri I--:o~s~~s,: sP1 ` ~'_' I m1 sr ~~ M1 q w R1 + ~ to R1 R2 R2 R2 I 0 Rt R1 ~,u,.~. a I- R2 x ~ R2 T R2w ° ~ R2 ~' „°,~I R2 R2 sR-, i a R S ~ ,." Mt Mi D M1 I R1 - I R1 ~ ~ Ri , R1 R1 „ sD-s1 ,~ ~ C7 a c1 a Ct s sr~, ' srR sr -- -- -- -- _ __ M1 M1 R, C1 R, C1 0 o R1 C1 R1 --~- O -- c2y [J M' CAPE COO Vrv R7 ~W R7 G R1 s--Rt C7 gC1 R7 zs R1 C2 O Ml M1 R2 R2 ,,~~ ~ SD-17 R2 aR2 ~ R2 ~ R2 ~'~ p., ~~ ~ M7 R2 R2 ~ g~~ --- cv I ^m M1 g M1 Op ~ R2 R2 R3 R2 R2 R2 R2 R2 L y I R2 R2 M1 R2 R2 R2 ~ R2 R2 ",o~B cs 1as1o 10-5-10 `~' C2 C2 I C2 C2 ~a= C1 u < C7 s ~' 1 sa"~ a ~ 1z-s1o + + ` T - --r -r-c-- ~ ~ 15-5-10 14-5-10 // i~ \ ` I ~ ~ n ~14~5-10 13-5-10 FIRST ST. ~ ~ , SECTIONAL DISTRICT MAP 11-5-70 scAUE Irv FEEr ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959 BY ORDINANCE NS-394 r~ p looo B~- Al -B C7 Ci-MD C2 C3 C3-A C4 CS CR GENERAL AGRICULTURAL PARKING MODIFICATION COMMUNITY COMMERCIAL COMMUNITY COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTISTS' VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL C-SM -F GC M1 M2 MO O -OZ P PCD SOUTH MAIN STREET COMMERCIAL DISTRICT FLOOR AREA RATIO GOVERNMENT CENTER LIGHT INDUSTRIAL HEAW INDUSTRIAL MILITARY OPERATIONS OPEN SPACE OVERLAY ZONE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PD PRD R7 R2 R3 R4 RE SD SP PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT SINGLE-FAMILY RESIDENCE 7W0-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENT RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN MINIMUM FRONTAGE -8000 MINIMUM LOT AREA Tws MAP IS THE ORRDIA~sECTIONAL DISTRICTMav ovrRE CrrvoR SANTAANA. As AUTROR¢Ep evclrv couNa~ RESOwrION NO.74-163, DATED n-1a74,1 REREev AtrEST THAT IRIS MAP is ATRUE cove oRnlE OR,Dwu s6cnoNAE OisTRICT MAP NO. 115-f0. sy"Btl- dAVTREVINo ExscuTwEpiRECTOR ~.nNNiNpseullnlNDApENCv Certificate Date MaV 9 2007 RES. /A.A. I ANX. N0. ORD. I RES. N0. ApOP7ED PATE RES./A.A.IAN%. NO. AA 1029 qA 1051 AA 1052 ORD./RES. NO. NS-2036 NS-2137 NS-2139 AA 1067 NS-2226 AA 96-2 NS-2292 AA 00-03 NS~2451 AA 01-Ot NS-2465 AA 02-8 NS-2515 AA 04-3 NS 2658 AA OS-8 NS Pentling ADOP1Ep DATE 11 -20-89 7-17-91 8-19-91 7-18-94 63-96 tn-f 6-m a-,c n, n.c n~ - e.~,.. -2706 ... ,. .._ PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 7 5 C 117 REVISED 924 EXHIBIT B TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No 82 (SD-82) Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et/seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Puruose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consists of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The permitted uses in the SD-82 District are the uses permitted in the Light Industrial (M1) zone as specified in SAMC section 41-472, as it may be amended from time to time. 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit in Section 3-3: (a) The ancillary uses permitted in the Light Industrial (M1) zone as specified in SAMC section 41-472.1, as it may be amended from time to time. (b) Ancillary church uses. 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) The uses subject to a conditional use permit in the Light Industrial (M 1) zone as specified in SAMC section 41-472.5, as it may be amended from time to time. 75C-118 (b) Churches. Section 4. Operational and Development Standards for Light Industrial Uses The operational and development standards for the permitted and conditionally permitted Light Industrial Uses shall be consistent with the operational and development standards found in SAMC sections 41-473 through 41-481, as they may be amended from time to time. Section 5. Development Standards for churches and ancillary church uses Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on- site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/fixtures: A minimum of one-foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 75C-119 KO- 9/25/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-05 TO ALLOW A CHURCH; APPROVING VARIANCE NO. 2008-04 TO ALLOW A REDUCTION IN REQUIRED ON-SITE PARKING; AND SITE PLAN REVIEW NO. 2008-02 FOR THE PROPERTY LOCATED AT 2501 WEST FIFTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008-06 rezoning the property from Light Industrial (M1) to Specific Development No. 82 (SD-82); Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 for the property located at 2501 West Fifth Street. B. On August 25, 2008, the Planning Commission held a duly noticed public hearing and voted unanimously to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008- 06 rezoning the property from Light Industrial (M1) to Specific Development No. 82; Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site Resolution No. 2008- Page 1 of 12 75C-120 parking and Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana for a public hearing October 6, 2008, and at that time the City Council considered all testimony, written and oral. D. Conditional Use Permit No. 2008-05 has been filed with the City of Santa Ana seeking to allow a church at the property located at 2501 West Fifth Street which is located in Specific Development District No. 82 (SD-82). E. Pursuant to Specific Development District No. 82 (SD-82) Section 3-3, a Conditional Use Permit is required for churches. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The expansion of the Templo Calvario Assembly of God Church, as conditioned, will allow the expansion of a religious facility that provides needed religious and benevolent services to the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? Templo Calvario, as conditioned, will not be detrimental to persons residing or working in the area. A parking study has been provided that addresses the reduction in parking, with the peak parking demands on weekends when the surrounding buildings are closed. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church expansion, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This use will provide a positive addition to the surrounding area and will complement and improve the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? Resolution No. 2008- Page 2 of 12 75C-121 The proposed church will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate church uses. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church expansion will not adversely affect the General Plan designation of Industrial (IND). The Specific Development Plan No. 82 district will continue to allow the existing industrial uses in addition to the church use. G. Variance No. 2008-04 has been filed with the City of Santa Ana seeking to grant a 352 space parking variance; reducing the 643 required on-site parking spaces to 291 parking spaces. H. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 1. 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site is an irregularly shaped lot that is bordered by a vacant right-of--way line. Due to the shape of the lot and the placement of the existing buildings, the applicant is unable to provide additional parking on the site. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating an existing building and providing religious services to residents of the City as conditionally permitted by the zoning. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to surrounding properties as conditions of approval, such as a block wall and landscaping, are proposed to mitigate impacts to the residential uses to the north. As conditioned, the additional off-site parking spaces will minimize the impacts to surrounding properties. Resolution No. 2008- Page 3 of 12 75C-122 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as a goal of the General Plan is to promote a balance of land uses that address basic community needs. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 1. Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana on October 6, 2008. 2. After reviewing the plans for the proposed project, the City Council determines the project is in compliance with all applicable development standards outlined within the Specific Development Plan Number 82 (SD-82). Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project, Environmental Review No. 2004-162. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2008-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Variance No. 2008-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Site Plan Review No. 2008-02, as conditioned in Exhibit "C" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated Resolution No. 2008- Page 4 of 12 75C-123 October 6, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 4. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2777 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of 2008. 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: Resolution No. 2008- Page 5 of 12 75C-124 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008- Page 6 of 12 75C-125 Conditions for Approval for Conditional Use Permit No 2008-05 Conditional Use Permit No. 2008-05 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 California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. Exhlblt A Resolution No. 2007- Page 7 of 12 75C-126 B. Public Works Agency 1. Submit a copy of the lease agreement. 2. Revise the site plan to eliminate the proposed driveways on Fifth Street and Fairview Street; utilize the existing driveways, which will require an ingress-egress easement with the adjacent property. 3. Revise the site plan to depict and note the slurry seal (including crack repair as necessary) of Fifth Street along the project frontage. 4. Revise the site plan to note that a reciprocal drainage easement will be required to cover cross-lot drainage. 5. Revise the site plan to depict and note, if any, new points of connection for utility services required to service the site. 6. Revise the site plan to depict and note the reconstruction of the easternmost existing driveway to have the following minimum dimensions, W=A=28' and X=4'. 7. Revise the site plan to correct note #4 on sheet #A1.2 to read "Driveway" instead of "H.C. Ramp". 8. Revise the site plan to depict the construction of sidewalk culverts to drain the site safely. Drainage routed to the street must be directed beneath to drain the sidewalk and through the curb. 9. Revise the site plan to note the installation of storm water inlets, with filters to remove hydrocarbons, sediment, and trash, before discharging into storm drain and/or street. This applies to the proposed parking lot area. 10. Submit a preliminary evaluation of the surface drainage showing the direction and means of the flow to the adjacent street and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. 11. Revise the site plan to incorporate construction of the proposed "Site Design" Bmp's (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc.) to minimize the impervious areas and to maximize permeability and natural areas per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 12. Revise the site plan to incorporate construction of any proposed "Treatment Control" Bmp's using the Best Available Technology (such as biofilters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommend sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development run-off flow prior to its discharge Resolution No. 2008- Page 8 of 12 75C-127 into any receiving body of water per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Resolution No. 2007- Page 9 of 12 75C-128 Conditions for Approval for Variance No 2008-04 Variance No. 2008-04 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 California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by this 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. 2004-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. Exhibit B Resolution No. 2008- Page 10 of 12 75C-129 Conditions for Approval for Conditional Use Permit No 2008-02 Site Plan Review No. 2008-02 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 Califomia Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division The project shall remain in compliance with Site Plan Review No. 2004- 57. Exhibit C Resolution No. 2007- Page 11 of 12 75C-130