Loading...
HomeMy WebLinkAbout FULL PACKET_2009_02-02REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS /~ - ~~ et~.~.---,._-~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` 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: January 21, 2009 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. ~_ i/ f 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence February 1, 2007 and prior Correspondence/ February 1, Chronological Files Councilmember Self-explanatory 2007 and prior Council Requests Mayor Inquiries processed for Mayor February 1, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers February 1, 2007 and prior Correspondence General Correspondence Self-explanatory February 1, 2007 and prior Staff Inquiries processed for Staff February 1, 2007 and prior Monthly Status City Manager Self-explanatory February 1, Reports 2007 and prior Payroll Records Council/Staff Self-explanatory February 1, 2007 and prior APPROVE: ~ U 0 David N. Ream D to City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: c i. L.. ~' ~.e Joseph W. Fletcher Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-3 c- "" G?- ~`'t ~ ~,~.,., t , . e ~ ..` _.` , ~~ , . dA ~ ~ .~ a~ - - . MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Henne~en Date: January 5, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council 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-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES (July 2007) RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES ACCOUNTS PAYABLE Travel Reqguest and Expense F~eport Self-explanatory ecem er 2006 and prior PREPARED BY: ~ o~ S aron ennegen ate dministrative Services Manager Purchasing Division CONSENT BY: Date RECORDS DESTROYED: Number of Boxes APPROVED BY: '`~' ; ; Joseph Fletcher Dad City Attorney 19C-5 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager ~ Personnel Services Department, M24 Date: January 8, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy-city. records on the attached listings, in accordance with the retention sche~dul~` outlined in City Council Resolution 2006-045. t ~~ Thank you. 19C-6 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated FORMS forms** December 2003 and (OFFICIAL) rior Flexible Enrollment forms for flexible spending EE Separated Spending, program** December 2003 and Section 125 prior Life Insurance Employee life insurance enrollment forms** EE Separated December 2003 and rior Long-Term Employee Long-Term Disability Insurance EE Separated Disability enrollment forms** December 2003 and Insurance prior Medical Employee medical insurance enrollment EE Separated Insurance forms** December 2003 and rior EQUAL Employment and Personnel and employment records, EE Separated EMPLOYMENT personnel including application forms*, records December 2003 and OPPORTUNITY records pertaining to promotions*, layoffs*, prior COMMISSION terminations*, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee* EE Separated termination December 2003 and rior OFFICIAL Certification/ Request for Certification and/or EE Separated PERSONNEL Reassignment reassignment forms which document and December 2003 and FILES Forms authorize hiring, reassignment, or other prior employee actions* Certificates of Certificates issued to EE which show EE Separated Training completion date of training class(es).* December 2003 and rior Commendation Letters of commendation and/or other EE Separated Letters congratulatory documents received by and/or December 2003 and issued to EE.* prior Disciplinary Memorandums, letters, or other records of EE Separated Actions proposed and/or implemented disciplinary December 2003 and action(s)* prior Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Medical regarding employee's medical condition.** December 2003 and Releases prior Drug Screen Pre-placement and drug screening EE Separated Test authorization and acknowledgement form(s) December 2003 and and results of drug screening.** prior 19C-7 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated PERSONNEL Medical Leave title, pay rate, hours worked per pay period; December 2003 and FILES (FML) additions to or deductions from wages). prior Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications."" Job Application Applications for employment and resumes (if EE Separated any) for hired employees.* December 2003 and rior Medical Leave of Leave of Absence forms used in the EE Separated Absences** documentation of medical leave (including December 2003 and pregnancy leave and Family and Medical prior Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Documents kept in official personnel file.**'` December 2003 and rior Notice of Form completed by employee and/or EE Separated Separation department indicating effective date of December 2003 and separation, last day on the job, reason for prior separation, etc.* Oath of Office Form completed and signed by employee EE Separated affirming allegiance to the Constitution of the December 2003 and United States and the Constitution of the prior State of California.* Outside Form submitted by employee for approval for EE Separated Employment employee to be engaged in outside December 2003 and employment.* prior Performance Employee performance evaluation forms EE Separated Evaluations completed by supervisory personnel re December 2003 and employees' accomplishment of their prior assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Enrollment Employees' Retirement System (PERS)** December 2003 and rior Pre-Employment Forms completed by employee and medical EE Separated Medical clinic to assess physical capability of December 2003 and employee prior to hiring.** prior Security Check Form completed by Personnel Svcs to EE Separated Form request Police Dept to conduct security December 2003 and check on employee prior to hiring.* prior Special Licenses Special licenses issued to employees from EE Separated DMV, accredited schools, etc., verifying December 2003 and employee meets certain job-related prior requirements.* 19C-8 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Tuition Copies of applications for training and EE Separated PERSONNEL Reimbursement educational assistance which show EE December 2003 and FILES Request request, department head approval, and final prior disposition of request.* Union Bank Form signed by employee authorizing leave EE Separated Donation Form hours be donated to the Union Business December 2003 and Leave Bank to be used by union leaders for prior Union Business.* W-4 form Employee's Withholding Allowance EE Separated Certificate completed by EE authorizing December 2003 and employer to withhold Federal income tax prior from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated January 8, 2009, listing personnel files to be purged and/or digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, PREPARED BY: will be purged; if medical records, will be digitally imaged. ~ C ~ ~r I-~-~.9 Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: ~. ~ ~/~ Enriq Iv D e Exec e ~ ctor Personnel Services Department APPROVED BY: Joseph Fletcher - Date City Attorney 19C-9 bA C J v 7 Q~ ci C O Y N Q a `o d! v Y U O N O ~ ~ T U ~ ~ O L C ~ f6 Y ~~ O Q Y •O Y O C pq N ~ ~ t ~ U N ro m Q ~ Y v Y v Y v Y c Y Y a i v v E E E E E E Y a~ Y v v C L C C ~ ~ C L C L' L C C C O i-~ CC G OOC G Y ~ Y C~C C Y ~ Y Y U O ~ ~ T ~ ~ T ~ T ~ T ~ T T ~ ~ ~ C C •Y Y .~ .Y Y Y C •+;,~ C C C C C ~' C ~~, C ~' - C C ~, C 'y '~,, C C C O O N N N O 41 O O O O O O 61 O O O v O N N O O O Y _ Y ~ ~ ~ ~ ~ ~ Y ~ •Y Y _ (Q Y Y _ Y ~ Y ~ Y ~ ~ _ Y Y ~ Y ~ ~ Y Y _ Y C ~O f6 N fn of N 41 f0 v> ~O to f9 N f0 (0 N N w CC f9 f6 ~ t n (6 41 `~ ~ ~ ~ in ~ in fD f0 N f6 41 4J (O (O (O Q C ao C on U ~ p U ' U • p p C on U ~ C on C on O ~ m C n ti ~ o n _ p ~ on U • ~ ~ ao p p ~ ew ~ on U • ~ oa U • U • ~ on ~ on ~ ao ~, }, • > ' ~ ~ ~ ~ _ _ ~ ~ ~ ~ v QI N ~ L 41 •~ ~ L 41 L N 'a '6 1n N L 4 Vf N Vf N N >. N N N 41 N O -a VI N L >` Vf N -~ -~ V1 N N N L N ~ L L V7 N VI N V1 N O ' d' d' ~y ~ ~ ~ ~ d' 1 ~' ~' 0 (~ ~ ' ' ~ ' N c0 ' C C ' ' OJ ' N N ' ' ' . V V1 (n In (n J ~ d ~ (n J d a a Vl d N Vl 4 ~ Q m m m m m ~ rn m M m o m o m o m m m m m m m m ~n oo m o m m n ~ t~ m m m c o 0 0 0 0 o rn o 0 0 0 0 0 o rn o 0 0 0 0 0 0 o rn rn o 0 0 0 0o rn rn o 0 0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ }, Ol O O O u~ ~ ~ O N ~n ~ O c0 l0 N ~ tD tD Ol ~n i11 .-+ .-i O ~ O N O O ~-+ O O ~ O M ~ N .--I N M e-I N c-1 M r-1 c-I r-I m rl N O M N N c-I c-I O m m N ~-i M N r1 M M M m O m N L ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ e-i N N ~ ~-i N rl N N N N i-1 00 N ~--~ i-I N ~-i N N N O Q1 N O1 N N N N N ei ei N Q ~ ~ .--i .--i .--i ~ .-+ O O ~ ~ ~ O ~-+ O ~ O c-I r-I c-i ~ ~ ~ r+ ri ~ O ~ O ~ ~ ~ ~ ~ ~ ~ ~ N N ~ U U LL a a LL a ~ ~ ~ a ~ LL ~ ~ ~ ~ ~ a ~ ~ a a a ~ a LL ~ ~ ~ ~ ~ a LL ~ a a u . ~ ~ ~ v • - Y Y L _ O Q~ Q~ ~ ~ ~ Q~ Q~ ~ ~ y ~ N - ~ ~ i L Y Y C O '6 ~ O ~ Q O N O O = ~ ra ~ ~ L ~ Q ~ ~ ~ ~ ~ C ~ ~ ~ N OC = v'Ji ~ O L C, L N 41 (~ N 41 ~ N N N V 4J ~ C N ~ C V U V U U C U C L 4J V C W ~ + N V U C Y '~ J V C U C w .~""~ C ~ N Q Q U ' C L 4J = . > r0 t0 V7 fO Y C -C + C . > ~ cC ~ ~ 'O "a cO c0 O ~ Y C Q N C i ~ ~ c v v- O v ~ O C c N c co U co ~ L ca c Q f6 ro ra c c c ro a~ L > O N N L - _O N ,F,, •C Y V y,, ~ v M N 7 U Y OD t]A 7 N 7 Y Y U Y N ~ U ~ U Y ~ Y ~ ~ O V dA Y O L ~ C (D Y C O C L L L ' C ~ U O ~ O 4J O c p LL ~ 41 N bD O to Y a OA 40 OA cp co d v C "_ H L ~p "- ~ L C O C C U c C c C N ~ N 7 `' C C ~ ~ L L N 41 +-' O C O. W r0 41 ~ ti ~ ~ J Y O i '~ 7 Q rC '~ O ~ in p C r0 L O .= p N 0 Y Y ~ O • 'U U ~~ U • ~ V1 L N ~ O ' ~ 41 7 N fD L f6 C N (9 O ~ fD O ~ L (6 r0 U N L L fti fD ~ C O O ' O "6 ~ r0 4J p dp u O U ~ a ii a v~ a a O a a U U a. d Q vi U ii U a a. ~ 41 cn a a ~ a Q F- ~ L d O a C w > 4J N lD Ol ~ N ~ M 3 3 o .n oo ~ ~ rn oo N ~ oo ~ ao rn ~ N m N ~ ~ ~ o ~ ~ ~ o rn rn rn ~ m o0 0 o m a ~ ~ Q~ lD N 00 l0 00 .--I M 1~ N r-1 O W N lD N O In O 00 Ol I~ N N M lD N l0 ~ n C C O c-I h 00 E~ c-1 o M 0 M 0 L/1 ~ `-1 N Q1 N I~ ~' N N 01 N O O In O m u1 M d' 1~ ci t!'1 M Q1 N M Y ~ lf~ 00 N r-I w z -~ ~ ~ oo ~o rn ~ m o rn ~-+ N o o .-+ r~ o ~ v o 0 0 ~•-~ o0 0 ~ ~ ,-~ c c o rn o 0 , , , o 0 0 0 0 0 ~ o ~ o ~ o 0 0 ~ o .~ ~-+ o 0 o N m m o o > > 0 0 0 ~ C Q~ a a s om Z ~ C ~ U N ~ C w "O C J J ~ ~ ~ _ ~ O ~ f6 W N C C L Q ~ U fD C 41 ~ [6 ~ U ~ ~ O Q f0 f0 ~ N ~_ ~ ~ N f6 O _ U ~ C f0 ~ L ~ Y p _ ~ L C U N ~ ~ U_ f 6 ~ ~ f0 . 7 LL ~ J X ~ CO ~ ~ U ~' ~ Q C7 Q ~ J ~ V1 (n J ~' c G ~' U Z c C ~ Y Q Z c G N ~' d -may = ~ O" Y N N O O ~ co +O+ t9 C ~ C C ~ O T ~ Y T N 4J v v C O z C co ~ C O ~ ~ ~ ~ L U ~ ~ C v to U ~ ~ O vi ~ O ~ OA O M C ~ C fD . v i C to L N L ' ~ ~ _ ~ •D v E Y is C L Y ~ ~ o ~ 3 v ~ n ~ _ 'v ._ ~ fO c Y L '. E L co `L° Y v ~ E N c 'Y ~ c p c ~ ~ v L Y > rc ro O O L 7 ra L ro , rc ro . N L ~ n O O ~ ~ 41 rc O O ~ v v O J Q Q Q Q O~ CO CO CO m m m m m U U U U U U U U ~ ~ ~ w U~ C'J U C7 S S 2 Y _ ~ ~ 19C-10 C J v 7 v t V N C O U v D 0 U N N Y O O N Q O 00 cV 7 C O Y C Q~ Q ~ ~ V 'C L ~ Y v N Y ~ ° ° o o •~ ~ _ ~ ~ Y Y ~ Y Y Y Y ~ Y Y ~ J O Y ~ Y C ~ ++ U v N ~ 41 Q ) N > Y N J Q Q) Z J Q a"~ ~ ~ CC C C C C i ~ C C CC G ~ ~ CC C ~ ~ ~ ~ ~ N ~ v v v 4J ~ ? ~ v (9 2 U ~ v T v ,., T C C i=+ C O C 'Y '+~ C 'yam C C C C 'p }' ~, '~, O N C •+' ~' +' C ~ (O C O_ O N J O_ 41 41 O • N _O O O O ~ N N Y 'O _ O N O O C O Y Y ~ Y ~ ~ (Q Y ~ Y Y Y Y c 'fl ~ ~ N (d _ Y ~ ~ ~ Y T Y C (6 (9 N O (fl 41 O1 in ~ (D N (O (0 (0 (O G ~ N N N N Y .n ~0 N of O ~ ~ ~~ ~ O ~ ~ U Z ~ U U • ~ U ~ ~ ~ ~ ~ Q U U ~ ~ ~ ~ V ~ U ~ ~ fp ~ ~9 N V7 L N L ~ L ~ N i N t i i ~ ~ L N L U H VI V) -p Q N -p V1 N O N ~ ~ ~ N In ~ N C7 N D OC N ~ ~ ~ ~ O ~ N N O N D ~ N ~ ~ N OC D ~- ~ N M N M O M M c-1 O O Ol M M M M O M M e-I lD M M O M M e--I M N lD N M C 0 0 0 0 0 0 0 0 0 0 Ql 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 Dl O O • , N 1~ ~ ~ ~ O O M Ol ~ ~ O ~ ~ N O N O O ~D O 00 ~ O ~ ~ ~ N Q1 ~D .-~ + ~ N O M N N M M O O e-1 N N N O ~--~ N ~ M N ~-i M c-i O M O M M ~--i O O O \ lD \ rl \ M \ N \ M \ N \ N \ I~ \ 00 \ lD \ r-I \ c-1 \ i-1 \ N \ N \ c-I \ N \ N \ I~ \ ~ \ ei \ ri \ N \ N \ N \ O \ N \ '~ \ M \ 00 \ ri Q .~ O H O ~-+ O ~ ~-+ 0 0 0 0 ~ ~ ~-+ r-I O ~--~ X 0 0 ~-+ ~ O ~ ~ ti ~ 0 0 0 .-i co cn ~ H U U F- F- H H H I- 1- 1- F- H H I - I- I- F- H 1- I- I- f- f- H H I- f- F- H I- I- I - H F- F- LL LL d d LL LL LL LL LL LL W LL a LL d d LL LL LL LL LL l.L W LL LL ~ LL. d LL LL d LL LL a. O! ~ L v L 4J ~ L L N L QJ ~ L O ~ ~ L O ~ ~ "6 O ~_ ~ 0 u O ~ N ~ Q ~ _ ~ Q ~ > > Y K Q ~ Q 'V 'n N N N L N ~ L of C 4J 4J L - '^ N of O N ~ ~ ~ ~ ~ ~ V ~ O _ C _ _ ~ ~ E N "O ~ C (D C (O Q V C f9 U V ~ U C T N "6 ~ f0 L 41 L N ~. to Up - ~ C tlA O C d1 C N N U ~ O C 41 U C vim- O CO O . C L L N L (0 C 41 ~ ~ U L N L N C N L N a r0 "C c0 '~ _ C L L ~ 0 ~ ~ ~ .~ L a Y C Y c C ~ c Y c ~ ~ r a c a V v Y ~ L ~ Y C ~ ~ C ro U w U ~ ~"~ v V `~ UJ '' N J U a~ ~ '~ v U U ~ y ., C ° LL O V ~ ~ u on r a co C o ~a L Y a .° uA ~' Y -' c6 on C O O J , O E E CO '-' O f0 oA L oQ1c ~ w ~ c C G ~ +". C c G OD (D +..~ C C >` L C N - ~ .C v Y fO N N L C ~ C ~ Y 4J ~ ~ O U ~ N N V Q1 U N U N U L L N .~ 7 O 4J V ~ ~ v U Y C ~ L L ~ Y L `6 ~ QJ Y ~ ~ O L O .~ • o O O ~ ` v = a a ~ D a . c`'n ii ~ _ ~ ~ ~ a u ~ a a . a a a a O ~n Q ao. a = v01i a° ~ v ~ ~ v oo a' ,-~ N r, 3 N ° o~ N ~ N v n o N ~ m rn ~ o o N o r~ oo ~ d' o o v i M ~ o N oo rn v o 0 00 Q~ N M ~ ~ N N d' N N l0 O M 00 I~ O ~ 00 I~ O C W N N Ol W c-I M V ~ 0p 1~ E O c-i O r-1 O l0 M c-I Ol ~ 00 Ql N N 00 M N M O M M Ol N Y C O M V O M O M N I~ N ~ Z M O 01 I O N W N M O O 00 l0 ~ ~O t0 (~ 0 0 0 ~ 0 0 0 I~ O O n W ~ ~--I N ~•-~ O N l0 I~ O O n ~ ~ 0 0 0 0 I~ n O r-I ~i c-I 00 X 0 0 0 Ql ~ O v Q r9 Q ' O ~ ~ u W ~ J L Y N O N Z ~ LLI Q O L C ~ 4J N J v i ' ~ ~ Y Q1 Z ~ N C ~ ~ Y (O O Y C U C C C ~ to M ~ L ~ ~, U f9 ~ C C L 4J C ~ .` T } "6 iYif 41 ~ LL C ~ V U C f 0 ~ N ' . - L O ' ~ ~ 0 . ' c0 ' 4J (O t C ~ L ~ N O 4! ' L N U ~ (D r C ~ _ ~ > ~ 0 LL ~. LL ~ Q Q d ~ m ~ U ~ J LL J ~ OC Y W U U C7 O U D > ca ~ 4 ~ ~ Y i ~ O ~ O ro N ~ ~ N 'tf VI cv L N - ,~ i L N O ~ Z J a l0 C 'V '~ C L U C ' ~ ' v i v Q1 T Q1 N Y ~ ~ 41 u O ~ C ~ O .a ~ C N ~ p p N C ~ ~ ro O ~ ro ro O vi O O ~ T O ~ T ~ > O c~ r o v J J J J ~ ~ ~ Z rJ U C7 ~ ~ ~ ~ O C ~ N cn ci1 ii1 cn cn H F- H Fes- i > > ~ } > O O N `-i m QJ .Q V N L Q) Y 4- Q U V 19C-11 ~- CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ December 2005 and Materials implementation of recruitments."'` prior Bilingual Forms certifying bilingual capabilities#er December 2005 and rtifi ation C for rior e c p Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at December 2005 and recruitment time, are kept for outreach prior purposes.* Examination Examination answer sheets completed by December 2005 and Answer Sheets applicants during testing process and other prior testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of December 2005 and Lists individuals placed on an eligible list card for prior hiring purposes (copies only- original signed eligible lists are with recruitment file folc~r (according to classification title))'`* See attached spreadsheet, dated January 8, 2009, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Susan Wathen for Date Michael S. Ernandes Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: - ~ ~ ,~ ~vy nrique A a Date Execut' Di r Personnel Services Department APPROVED BY: Joseph Fletcher - ' Date City Attorney , 19C-12 .~ m C :_. J N O N L U c O U p N O U N O O O 0 0 N cv c cv 0 c a~ E U cv Q N ~ ~ ~ ~ 07 O N ~ ~ t.C) ~ ~ ~ ~ t.C) ~ t.C) ~ ~ ~ ~ ~ to ~ O p ~ ~ 0 0 0 0 0 0 0 p~ - O O O O O O O O O O O O O O O O O ~ ~ +r r O r N f~ d' N 1~ 00 N O O N O 00 O +~ O r I~ O ~ ~ O N M I.LJ ~ N r ~ N ~ O ~ r- r ~ M N ~ O N ~ r N ~ N r ~ r 0 ~ r 0 ~ N 0 ~ ~- 0 ~ ~- N ~ N N ~ N N ~. N N ~ r N ~ r N ~ r ~ C O N ~ r N ~ N - Q N ~ N - Q 1- ~ N r ~ N r ~ N O ~ N N ~ r- W ~ , , , , r Q r O O r r r r r r r r r r r r r Q Z r r Q r Q r r r Q r _ p~ Z Z Q Z Z J z .O u") ~ O O N ~ ~ ~ ~ ~ ~ tf) ~ tf') ~ CD ~ ~ ~ ~ ~ ~ ~ to ~ ~ ~ ~ M t.C) O O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ N O ~-- ~' O r M f~ M ~ M ~ N '~ r I~ O O CO ~ r ~ 0 0 0 ~ 0 i~ ~' M M ~ O p O (~ M O O r r 07 M r O Q N Q r lf) N O N O r O r O •-- O N r r O r O r r N 0 O 0 N 0 N I~ r I~ M Q M Q O r O Q N f~ O In r O O r r o r r 0 0 0 0 0 r O r r r r r r O r r r O 0 0 0 r O 0 0 0 r r ~ ~ ~ 07 O N ~ ~ ~ ~ ~ In L.C) l!7 lf) ~!") ~ ~ ~ ~ Lf) ~ ~ l1") ~ I!") lf) t.f) ~ M ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 00 r (fl l!7 M M N M r M CO d' O M M O O ~ N M 0 0 0 00 N 00 r lf) I~ O p r ~ N ~. O ~ O ~ O ~ r ~ r ~ r ~ r ~ N ~ O ~ r ~ N ~ ~--' ~ O ~ r ~ r ~ N . r ~ N ~ r ~ N ~ N ~ O ~ N ~ N ~ N ~ O ~ r ~ N ~ ~ O O O r 0p O ~ 0 0 0 0 d7 O O O f~ O 00 d7 CO N i~ ~ 07 I~ O M CO O O r r 0 0 0 0 0 0 0 0 r 0 r- O ~- O r 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ +-' N U > iv ~ ~ ~ L ~ _ C ~ ~ ~ ~ Q O - Q O Q L ~~ V'J .~ M \ ,^ VJ ~ I C MM ryM~ L y f/1 O N -_ (Q ~ \ p L L 4- ~ ~ ~ m (II (~ M W L ~ 0 0 ~ U C O (~ O O N L ~ C +. ~ Q - ( Q ( II N m ~ C_ Q Q ~ Q ~ (~ +- (~ (n m L C~ L C~ C ~.. L ~ a~ N U L C c L U . E E ~ ~ ~ .--~ C m U ~ 0 ~' (""II ~ ~ "'' U Q Q ~ w to U U N U U U 7 to O '~". C L ~ -a ~ I fl" to (6 Q ~ N to O N C6 (Q ~ Q Q ~ C (B / tB r--~ N N ~ N m m U U ~ C Q p O m O Q C ~ ~ L ~ ~ ~ ~ • .-. ...~ ~ ~ Q r C Q Q Q C C `~ O Q (n ~ E O . - ~ ~ L L L _ O O O ~ M O ;_, O . J - ~ O O ~ O p >, >, U ,Q O L d O L W - ~ C -Q Q C N ~ ~ O U_ O U_ O U_ OU OU U U U U O U N ~ O L U 'w C ~ ~ (III L.L ~ •U ~ ~ ~ Z ~ . ~ ~ N ~ ~ ~ O N O O N N O O .C ~ ~ cv °' ~ ~ ° ~ a v ~ ~ m ~ ~ a~ ~ 0 0 0 ~ ~ ~ ~ ~ ~ ~ cn N E ~ ~ ~ c ~ ~ >, .-' C o cn cn a i cn W c c p .` v~ m m a~ a~ a~ a~ a~ m m a~ a~ a~ ~ V ~ '~ ~ ~ ~ Q ~ O ~ ~ ~ ~ ~ ~ U U U U U U U U U U U U ~ U fn O O O . N O U ~ L ~ L ~ L N O 0 0 ~ 0 _ 0 _ 0 0 0 _ 0 _ 0 0 0 _ 0 0 0 _ 0 L ~ O p U Q Q m U U p p W . LL , L~ LL LL 2 2 J J ~ ~ W W W W W O.. W W S W W W L N Q a~ W O m c a~ j=' ~ ~ M CO O O M O ~ O M M CO M CO CO CO CO C~ CO CO O ~ CO CO CO CO O ~ V `d' C~ ~ 0 , 0 , 0 , 0 , 0 , 0 , 0 , 0 , 0 , 0 , 0 0 0 0 0 0 0 0 0 ' M 0 0 0 0 0 ' 0 0 0 0 O F- ~ O 00 Z ~ N N ~ 00 d' f~ O M 0p , r ' , (fl , CO , I~ , O , ~ , ~ , ti , N O , N , r , N , 07 , Cfl N O , ~ , 00 i N , 07 ~ In N ~ O M ~ M M M tY M ~ M ~ O mot' N M r '~ r r N r r I` ~ N M 19C-13 a~ ~ a ~ c n ' ~n o ~n ~n ~n ~n m~ o o o o o 0 w O M 0 ~ 0 0 00 ~ O ~ ~- ~ O ~ O ~ N ~ ~ ~ N ~ ~ ~ ~ r ~ ~ _ J .O ~ O ~ ~ lS') t.f ) ~ N 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ N ~ ~ ~ ti ~ ti ~ ~ O U N ~ o O ~ o N ~ ti N ~ o O ~ r- O ~ o o o o .- .- ~ ~ ~n o u~ ~n ~n ~n ~ ~ 0 0 0 0 0 0 cV tq f~ i~ O M O c0 ~ O a N ti ~ ~ N (\O ~ O N O •-- ~ O O O .- .- O U ~ ~ ~ L Q ~ ~/ ~ ~--~ U Q . ~ to Q ~ ~ ~ ~ O ~ ~ ~ Q ~ ~ ~ (B ~ - ~' U ~ m U •~ ~ C m O Z O 00 O O u O ~ N N O O ~ • ~ N O C Q C L Q r- O ~ O O C p M ~ ~ ~ `~ ~ U ° U O a ~ ~ a L . ~ ~ +--~ ~ L O L O L O L O Y °' O U cn cn c~ cn cn ~ L Q ~ ~ ~ O~ O m O O ' 0 0 0 O ~ ~ ~ f~ O I~ r ~ I- m Z r- O ~ ~ ~ C'7 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF DECEN~ER 31, 2008 -~ 1 ,' CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2008. 19D-1 QUARTERLY REPORT OF INVESTMENTS Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~ ~As~s~S~r ~~~ Francisco Gutierrez Executive Director Finance & Management Services Agency 19D-2 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2008 EXHIBIT 1 19D-3 C ca ~ ~'~ Q d ~ o N ~ ~ •+ ~ ~ ~ N M ~ ~ O ~ ~ - ~ ~ ° ~o E d w 0 ~ V U ~ ~ p oa a ~U- } w ~ ~' O ~ E H N M M p~ n l~ N f7 CV O O fM N M~ ~~~ M I M N ~ Q~ N n ~ ~ O N M ~ W M o~ ~ rn~ n M rn ~ 0 e~ o v of o ad G N N ~ O O ~ a O 7 O ~ M ~ (O ~ M m~ O ~ ~ N M o00 ~ o v ~ rn co v ~ O ~ C N m r pMp N an0 O N ~ M h M M d Y ~ ~~ 10 N a-'~ a.~ c d d C o m o co u~ o O f~ O O O ~ O c+i lfj C7 O M O O N l19 ~ ~ O V V N O N ~ O N ~ O o0 O t0 O O O I~ O O O O O M O M O O O f~ O N 0 0 O ~ O O O O o w o .n 0 0 o ic> ao O C ~ N O M fV OC O N W ('7 ~ O N N N ~ c U ~ .c~i U y LL Q ~ !n y C p 7 N N ° E a0 N 0 d > a d U ° C ~ O1 U V ~ ~ d Q ~ c N C ~ y p~ ~ «~ o~ ~ m Q Q v Q E ~ ~ A ~ ~ J ~ U ~ ii ii m t0 tom} M O M y t d N C i _ Q » a~ Q ~ N O O O ~UN~ = ~ N ~ E O U a ~~ ~ O ar O N Y ~ E ~ ~ 0 -o m ~ N ao ~ r. 0 o O N m r O C a o N y ~ >, O C LLi O C ~ a E ~ w m Q a ~ w .C ~ U .- ~ N d y I p O y ~ fl I . > ' _ N ~ V U ~ ~ y .T. d n ~-~ ~ ~ M ~+ ~t-1 N E y ~ U .y ~ a~ U ~ w a~ Y ~ c ~ ~ m I 7 T C O U Q L o ~ a ~ c O M N ~ C y C N ~ f0 N ~ E o a N Y ~ ~ M ~o N c U m U9 - N y ~~ m M Q V1 •U ~ C .a N m E a~ ~ N ` o ~ ~ >,c~ U o O ~ w ~ ~ y O N ~ M g .~ -o n ~ I U O N ~ O ~O ! C ~ ~ m U O L a C ~ N 'C ~y f 0 a ~p C p) U O C T C fa ~ ~ ~ M ~ (O O m ~ ~ ~ C 00 aO Y ~ p1 ~ ~ 9 N N n t~ O W, r M ~ ~p ~ .C " C (O O C ~p M i ~ M m > E , Cn U X M ,C y y d~ , C p~.. o Q ~ ~ a E v _ c ~ ELF ~ d ~ . o a ~ ~ p C O O N ~ > .y+ ~ N C y • T t+1 a r y ~ O' ~ ~ ~ N N 00 O d ~ .~. '~ E N y ~ Q O N , ~ U 7 y c 7 - N . O ~ m ~ a i t ~ y ~ f0 E~~ C O Q} • ' Z N ~ N ~ ` ' ~' ~ 'O y m 0 v Z ~N U N C m o m O a~i .5 ~ c •~ R v~ n c °~ a M L ~ t y •C N ^ Q' x 'O N f6 C ~ ~ ~ l 0 F ~- d d O c 0 ~ (9 °~ L o y ~ V y 0 C O 10 ~ N ~ V ~ ~ O ~\ _ p O F- > U > Q ~ W L O S f0 H w ~ U C lL d ~ 0 ~ N d 67 lV a ~` ~ C r ~ y 'C N ~ O ~ U `~ M ~ ~ U O f0 F~ M } 9N ~ w ~ GI 7 A 1 m 0 N °a O M M e N N M I+f N I N M lh O M O O O O C G O O O O N N M M , M N N I IV N N I N M M M N N fV 1Mf7 IMA M M N N a0 O ap I~ O r M O l+7 7 O O ~ O 'OV M V ti rn rn rn rn rn 0 0 0 0 0 0 0 0 0 0 N N N N N .\0- O 1f7 c0 N N O O ~~~~~ 0 0 0 0 0 O O 1A OJ ~ ~ ~ ~ ~~ r 1C7 LL) N In ~ Ki M M M M M e~'f 0 0 0 0 0 C M M M M c0h M 0 0 0 0 0 C O O O O O ~ 0 0 N ~ M M M M M O O O C O l[j iD ~ M ~ 10+7 D1 0 O M O) Ih M 1() p M r I~ ~ f0 V 0 r I~ V (D I~ CD M V 7 Opi ~ m V M ~ ~ O 0 N a 0 O O O O I O O O O I C O O O t0 tD p O M M Q07 001- N N N N 0 M C C ~ 7 3 LL LL C C N ~ N d C C m C C Q ¢ a c 0 0 ~ J J m O a U U gg G7 7 _~ ~ a ~' N ~ ~ C ~ C ' ~ .y M ~ a ~ w • O U p a ° ~ ~~ L O ~„ a a mm ~~ A~ a'm O O CO O 00 O O O O O O (D tD O O I~ O r O O O O O O o0 ap O O M O M 1n 0 0 0 O O M M n V O ~ yy M~ ~ V 0 ~ M 0 7 ~ O O O O O M r . 07 ~~ a p o 0 N 1n ~ O O ~ O •t er ~ m V: Of V N N N N ~ O ^ .- M ~ ~ ~ O N N ~ a ~o o ~ 0 0 ~o °o o° v o a N N M O 00 ~ 0 0 "a N 0 0 0 0 a O N LLI U ~ 01 Y 07 3 Z w m a o ~ ~ ~ a ~ ~ c m E N ~ o a m 0 0 0 ~ X ,., U ~ M a w ~ ~ ~ U U ~ U g5 o o ooao aoooa o 0 0 0 0 0 0 ° ~ ° O O 0 71 1 17 1 A 1 q N N ~ M N ~ N O N N ooaoo N N 0 N N N N aaaaa a N N r m :.° :5 :° ~ :° > a a 'a a 'a Q U U U U U ~ W w W w W m C7 C~ C7 C7 C7 ~ in 0 t0 I~ p Q1 M M M M M ~~~~~ LL J ~ 1n ~ U ~ ~ F F U U U U U m co io cc co M M M ~ ~ D ^ h N N U y ~ ~ E Q j o a m m 0] N rn N r `° E d m a d N IC 0 L m 7 d ~ ~~ 0 0 0 0 0 0 0 0 0°°°°° °_ Q a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N ~ (~ N ~ N N N N N N N_ N _N N _N N_ _N N _ '~ _ 0 0° 0 0) t0 N O N E 0 N M 0 U ~ ~ . - M a ~ aa " " ' ~7~~lo~~ a a a a 0 s . 0 0 0 r ~ O o 0 0 0 0 Q1 O Q1 0 O O N N N ~( NN N M 0 O ~ o. ~ E ~ _ ( 0 N N M M l+7 M M E ~{ ~~ O ~' ~ d N O O O N N O O O O M O M O O O al 0 O 0 M te~ .- O N O (0 1A ~~ ton M m p~ 0 0 N ~ M M ~ ~ N O ~ e- O M O .- M M a d ~ (O 00 O W O N O Q1 N r Q) 0 Q1 ~ O N O 7 N Q1 N 0 O W 0 O W O O~ O~ l17 N m W r W Q7 N M M M .- E N O .- ~ O N O C N c+i O O O l17 tt) 0 0 0 0 0 0 0 0 0 0 ~ O {n ~ ~ In In In O 1f7 (` O h N e ~ O N O M M ~ 117 N N O N OJ O N ~ f~'7 M M ch N 'ct ~ M f~ M M M M M O O O M O O O O W O O O O O O 0 0 0 ~ 0 0 0 0 W 0 0 0 if7 0 0 O C O CO 117 C O G c0 117 O O cD O O O O O N h O O V 07 O D) h 0 0 O O O M M O ch O O m 0 0 a) 0 0 0 0 0 e{ O N O M I~ O 117 0 0 O O O N N O D) ~ O M Q1 0 N 0 0 O M O M M O O if) 117 0 O O h O O ~ •' ~ ~ ~ N M ~ ~ ~ M ~ .- M M O O O O O O O O O O O O O O O O O O O O O O O O O O O M O O O O 177 O C O O 0 117 C O N G O O c0 N M N N O N N M 0 M N M O 1n <O M c0 M O c0 I~ 0 t0 co ~ M C O h 117 u7 to N t0 117 cD 00 O O O O N M N o0 O O O N c0 O O M O M M O O 117 ~ cD O O f~ O O ~ •- ~ e- ~ N o7 .-- r .- M ~ ~ M M 0 0 0 0 0 0 0°° o 0 0° o 0 0 0 0 0 0° o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 o c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a M o M m o o 1n 1n 1n o o ~ o 0 ~ ~ ~ ~ r N M ~ .- ~ M ~ .- (+7 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N M M a a 07 In O Ifl O 07 T tp N O N O O N N ~ M O M N N ~~sa~aa~a~7aaa~ 0 0 0 ~ ~ O o 0 U U N N O7 lT N 1p 07 Y Y Y Ltl ~ m m~ m y m y y y m VJ tlJ y y R m m m m Ira Q m Q Q Q ~ J J J J J J ~ J ~ O~ J E E E ~ o~ ~ m~~~ m 0 0 0 Z' E E E Z a. E v-% E 2 2 2 y y 2 2 2 y 2 2 Z Z Z 2 m m m f0 10 10 ~~ m~ R m~ m m m m m `m a`7 `m F H a7 a7 a7 H al a`7 0 `m al m 9a7 ~a7 a°7 U ~ a~i m m U a°7 ~ a°7 d ~ d LL LL LL~~ LL LL LL~ LL LL LL LL LL LL O E M N u7 O O 7 N O M 0 t0 N O f~ O r ~ 0 O c0 00 c0 co M M o~~~~~~~~~~~~~~ M a a N M O~~ U U Z an d= LL N y X~ N X X X N N )< Q X N~ X~ aa0 ~ a¢D x o M aD M a0 00 M I~ M ap 0 M Q1 0 m M M N M N N M M M N M M M M M M ~ M M M m 07 M M M 07 M M M M M M ~ M ~. r O O_ O_ O O_ O O_ O O O O ~_ ~_ '- r ~_ r ~ ~ ~ ~ .-. ~- ~ ~ ~_ N_ N N _N N M m Q N 41 C A O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~ (~ N 07 7 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ R ~ O 1n ~ O N O O n ~ ~ a a0 W ~ (O O 1!7 In Q) ~ In V1 t0 O V 1A 127 1f7 O a a ~ O .-- N O N== M= N\ N N N N O O= r N= r O= N= N O N O O co M M E 10 N t0 f~ n m m ~ a a a e~ in in co 1: ti co co ~ .= a M o o .= ~ a Q n « 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '- ~ ~ O ~ ~- ~ ~ O p '~ ~ .~ M M o v n o 1n o n co o n rn u7 rn o ~ 0 1n u7 n u7 co o rn M u7 0 ~ ~ E O c0 MV N N ~ c0 O N ~ ~ M N ~ ~ 'V N M M t0 N ~ ~ MO ~ at c0 N M u) O a p ~. ~ r_ .- r r _ r ch V N a vl Q ~ r r N ~? `" o 0 0 0 0 0 0 o in o 0 0 0 1n 0 0 0 0 0 0 o rn o o rn o 0 0 0 1n o o n co ° i O O O O n O O N 117 N lt) IA O O n 0 0 0 0 1f7 a M O 1n O) O O In O N N O C of LL ~ M M O O O O ~ In O M ~ N O M M 117 O O~ n O N~ 0 If7 tT O 0~ M~ ~ O t0 (O d M cM c+7 M fM M M M ~ M M fM M M M st 7 M M~ M M~ M M M M 1A If7 ~ 1fl M t+f (V a () O 117 O 01 0~ O p N O n n 1!7 m ~ N h V7 1n M O) If7 c0 1!7 0) a0 n (O 117 O ~ t0 10 If7 tl) N ~ N n O O O O 1[7 ~j ~ M tO0 T ~ 100 0~1, ~ ~ T ~ N M O O~1, c0 ~ (NO _. M N 01 O1 O O O d' 10 M N 01 M M er M N N a'i N M M M ~ M M N cM M M M M c~7 M M M cM M M M fV M 1!7 Ifj l<7 ~ [`j ri (.j 9 r 0 0 0 0 0 0 0 0 IA 0 0 0 0 In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In O O O GI ~ O O O n O O N l0 N 1f7 10 O In n 0 0 0 0 to ~ M IA O 1n O O O N O N N c0 N LL, M 0 0 0 0=~ cD == N O M M i[7 O O st n N 117 O In 1i7 O o7 M V= O c0 cN0 N M M M cM M M M M 1f7 M M M M f+l M~~ M M 7 M M~ M M M (+) 117 1!7 1fJ 1f7 M N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OJ 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t0 N O O O O C O O C N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M ~ 0 0 0 0 0 0 0 0 c0 0 0 0 0 0 1n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 10 Y 0 0 0 0 0 0 0 0 O O O O O O n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ap 1A g o 0 0 0 0 0 0 o rn o 0 0 0 o eo 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 o n u7 0 0 0 0 0 0 0 0 0 0 0 0 o rn o 0 0 0 0 0 o co n rn o 0 0 0 0 0 o M m 0 0 0 0 0 0 1n o rn o 0 0 0 o rn 1n 0 0 0 1n o v~ m y co 1n 0 0 0 0 0 0 m v_ M r c- M r r ~ N N M .- M ~ M ~ M f`M r .- ~ ~ '- N N ~ M ~- ~ N N M a0 10 CI O O O O O O O O 1n O O O O O O O O O O O O O O O O O O O O O O O 1{7 O 7 O O O O O O O O ~ O O O O O O O O O O O O O N 1!) N O 0 0 0 0 0 0 10 O 0 0 0 0 0 a O tfj O N O O O O O C O 0 0 0 0 0 0 ih n 1fj tfj O O O G O O O O O N N M~~ 7 0 M N n l0 n 0 t0 (D O N p~ N O M O V M~ n 0 a0 N 1D O 7 O 01 t0 O N 1f7 O n (D M CO CO n N .- O Q) N OI 01 r O M M n O N (D ~ 00 O M 1fj (+j O OI tG O M n Q1 N ~ 11) p O 1f1 O O N n 0 1f7 O N O N O N M N O N O O ~} N O c0 0 0 0 0 O) O O O O O tl) a0 O ~ 0 0 0 0 0 0 1n O 01 0 0 0 0 0 0 If7 O O O 1f7 O 117 D1 t0 t0 In 0 0 0 0 0 0 10 ~ V~ .~ M r r M=_ r N N M '- M .-- ~ r M M=_ r r r N N= M r .- N N f+) 01 In _ ~ ~ R d ~ ~ c ~ N o Q ~ j N ~ o° o° °o, °o o°°, °o, °o °o, °o °o °o, o° o°°, °o, °o o°°, o °o, °o, o° °o, o° °o, o °o °o, °o °o, °o °o, o °o °o °o Ql ~ ~ m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 o c o 0 0 0 0 0 0 > o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w~~ r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 C C ~ M ~ o 0 o c o 0 0 o vi 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 u7 0 a 0 0 0 0 0 0 0 0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 ao n rn o 0 0 0 0 0 0 cC ClC tll ~ 0 0 0 0 0 0 1n o o~ 0 0 0 0 0 0 1n 0 0 0 1n o 1n co v m 1n o 0 0 0 0 o In u°7 G Q~ 07 '- ~ cM ~ ~ .-- N N M .-- M=~= M M= .- r .- ~ N N ~ f+J r r N N M a0 1n W r- w ~ ~ .O ~ O V (.~ O .O Q m :? ao ao eo 0o ao eo co ao o~ ~ co 0o co co ao eo m co ao ao eo m 00 ~ m ao ao n n n n o~ y Ip 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O a w a~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y.+ u N N N N N N N N N N N N _N N N N N N N N N N N _N N N N N N N N N N L 1f7 O 1i7 a0 O u7 O O~ I~ O~ [7 00 01 1n c0 O u7 1f1 O~ M ~_ t0 O ~ 1A 1f1 00 ^0 ~ O r N O N= .- M N N= N~ N N N O O .- = N =~ O N= N O N O N f.~ d M M 7 In IfJ (p I~ n a M i[7 ~ a 1n u7 h 1f7 (O ~~ a N~ a (O a M O O ~ a n 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 ~ 0 ~ .- ~ ~ O O m m A C N A ~ Q m 07 V U U U U U 1~ ~ m m m m ~ ~ Y Y Y Y Y Y Y Y Y Y Y Y Y Y m Y Y Y Y m Y Y 07 Ol Y Y O C U C U C C C C C C C C C C C U C U ~ C C C C ~ C C U ~~ U C C IG O N O l0 10 10 (0 10 lG 10 10 IC l9 l0 O lC O O 10 R Ip 10 O 10 l0 O O O m N m ~ m m m m m m m m m m m N m N ~ m m m m ~ m m N~~ N m m C C¢ ~' ¢ C C C C" C C C C C C¢ ~' ¢ C C C C C C '~ C C C C ca m ~ m m m Ic ~ m m m m to m `9 m m la m m m~ 9¢ m m¢ 1a ~o 0 0 _m ~ _m o 0 0 o d o 0 0 0 0 0 _m d m o 0 0 0 0 0~~ _m o o m o 0 m` m d~ U~ m m d m U m m m~ m m~ U~ m d d a~ m o U U~ a~ a~ ~ m m ~ 0 D o m€= E E E E€ E E E E E E z~ m o 0 0 0 0 0€€= E E= E ~ E y Ip f0 O O O O 10 O O O O O O 10 y 2 2 Z tL Z 2 2 2 2 LL 2 2 2 2 2 2 Z LL Z 2 2 2 2 2 2 l1 lL Z 2 2 Z 2 j 2 m m m ~o ~a ~ m m m~ m m m m m m m m m m m m~ m ~a m ~v ~a ~ m m m Q ~ m` ~ o `m ~ a~ d d ~ a~ `m `m a~ ~ m` ~ d d m `m `m d a~ a~ ~ d m` m `m a~ ~ a~ ~ a~ v~~ v v v~ v v v v v v v v v v v v v~ v v v v v~ v v v v v o v LL IL lL lL lL lL ll lL lL IL lL lL LL IL lL lL lL lL LL lL lL lL lL LL lL ll l1 ll lL LL l1 LL N lL d ~ d ~ r-. 7 C 7 y •7 E d d jp ~ 11) rn n Q) ~ M N O M cD O) 0 0 In O O M 7 f0 M N .-- M 1f7 01 c0 M CO N N ~ C If7 117 ~ n N c0 O to O O yy N N O W O Ql C O N N ~ ~ ~<~~~ fy N~~ tl) M O~ ~~ N 1[j N~~ N O O O~ N 7 ~ ~ = y = M C..1 ~ T V V o ~ _ d N Q LL W~~ U N U W n M Z q~ Z LL N u7 a0 n~ N N O O 10 W ILY m O O ~ cp N ~ ~ (7 ¢~ } rn~~~ U N~ m 2~ m>~ W LL' N m Y~ ri d U N H d C7 -}i LL Q Q o o. > ~ C7 a ~ ~ ~ rn C7 ¢ co CJ a ~ a n C7 } m co co ~ y X X f0 LL X X X X X X X X X X LL a0 X X X X X X LL X X a¢D X ~ ~ .d. (A ~0 M O M (D M M M M M M M M M M M t0 M O) a0 M M M M 00 M M c0 CO 00 01 M N O 7 ~ N M M M M M M M M M M M M M M M M M M N M M M M N M M M N N M M ~ M ~ d ? U LL M M M M M M M M M M M M~ ~~_c j/~{~7 M M M M M M M M M M M M M M lL M a, ~ ~. r N .C ~ O O1 O 07 m O m T m O7 O O Of 07 O7 O T 07 O m O m O O O m O7 07 O m O O T 07 07 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q d N ~ ~^ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ ~..~ N a N t° N N N N 0 0 0 0 0 0 0 0 O_ M_ O O M n n to O M O M M M t0 O in 0 0 7!7 (O n Op In E N O ~\ N M N N N N N O r r N N c 7 0 0 0 O V V \ N M O O O O r N 0 a a a a a a a M t+7 M M M M~ at ~ ~V ~~~ O N~ O N~~~ O O O O O O O O O O O O O O O O O O O O O O O C O ~p p a ~ « ~. ' 0 0 0 0 0 0 0 0 y O •C a V 7i~ n o0 ~ a O m O M O O M n n M o0 c0 O N N~ O~ 01 m~~ O n c0 u7 O r r N~~ If7 0 O 7n ~7 (0 t0 n n a0 00 07 O m O O O r N N N N cgi ~ E « „~ ~ t0 (D rrrrrrrr rr p ~„ ~, ^ ~ n. N U~ _, ~y m 07 W 7n 0 0 0 0 N O M~ O M n O~ 0~ 7 N N 0 O O c0 7[') to M O M m u7 n n n 0~ 7A 7!7 ~ t0 m N m n c0 ap W 0 0 0 ~{ (O O M N n n N n cO ~ al < 0 0 r r r r r r '- n r a0 n M .-- r m~ M a0 N N N N r r M~ M~ N N N r cD M N N N N N CV N L a N N N N N N N N N N N N N N N M M N N N N r r O r O N 0 0 U O ~ tO~7 Q1 Q1 Q1 0 0 Q1 O O) ~ (D 7n N O M n m N M n n r N 00 n CO n n O n O M 0 0 ~ 'a ~ ~~ N N~^ cD an0 ~ M 70 n n t0 N~ M M r M c0 O O to O N 7t) 0 n 0 N `-' `-' r r ~ ~ a F r r a0 c0 M r r N N r r N M M N N N N r 7n M N N N N N N N N N N N N N N N N N N N N N N M M CV N N N r r r O r O N O O ~ r 01 ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 07 41 Q1 N c0 n n t0 M O c0 n n O N N 07 00 N 1fJ 7n if1 n O n O l!7 l0 N 4'7 0 Q) O iA 0 0 0 0 0 0 0 0 O N~ N r (p N O O 0 CO N n r r r o O N M M N N N N r~ M N N N N N N N N N N (V N CV fV N N N N N N M to N N N N r r r G r O fV C O 7 ~~ ee M~ (O On, 70 0 7017 ~ N OMI W O c0 O O O M O O M r lO0 O N O tn0 M O M S ~ O O M O 70 > Y a} +7 Ii j c M Q1 M T M lf) N n m CO O M O O if J M N O M N O n In 0 0 to 0 M u'1 c0 t0 V 7 n~ N~ M r M N t0 07 n 7n M M 7t1 m~ O N O O N M M O aM0 7 V r m O~ O N aD r c0 N c0 r 7n r O 07 N o~ N r c0 c0 n aD M 8 _ N r ~~ ~ to M n ~ O n 0~ ~ N N cD N N c0 In O Q1 M f+7 m Q1 0 O N N 7n n ~ CO Q1 0 O 0 Q1 (O N 0 ~ (O N 00 n ~ CO In 0 u'7 n (O (O ~ ~ ~ N 0 n m ~ 07 OD a0 i 0 O 7 07 07 m n O O 07 ~ T 7 K m W~ 0 m W 7 07 m W m ~ 07 ~ of 7 07 7 07 O 7 O m m N r N r r N N r t~ N r N r M r r M r N N c0 r N r 07 7 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O C O C O O O C O C O C O C O O O C O O O O O C O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7n 0 0 0 0 0 0 0 0 0 7 n 0 to O O u7 O O O O O O O O O O O O O O O O O O n O1 00 n CO (O CO t0 N c0 ~ t0 N M n n r (O O w n o 0 0 o c o o 0 0 7: o 0 0 0 o rn rn rn m rn Oi rn o rn of rn~ ci n: n ri of ao n n co 0 0 0 0 0 0 0 0 0 0 0 0 o rn rn rn rn rn m rn rn rn m m m rn V~ ~ rn rn rn rn 0 0 0 0 0 0 0 00 0 0 0 0 0 7n u~ o 0 0 o rn rn a rn rn rn rn v rn rn v_ v v rn a rn rn a rn rn rn M N ' r.a _ r r r M N r r N C 7 r N a0 N r N r M r M r N N t0 r N r r C ~c C ~ N O Q d ~ N ~ °o, o °o, °o °o, o °o, °o °o o° o°° o °o o° o° °o °o o° °o °o °o °o °o °o °o °o °o o o°° o °o o ° ° ° ° Ql ~ _ A > ~+ R~ , , , , , , , , , , , , , , , , o, o o, o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ C C~ M ~ 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o c o~ o c o c n a tC ~ y c o c o c o 0 0 0 0 0 0 0 0 0 o c o o c o 0 o c o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 n ~ 0 o ao 0 0 0 0 0 0 0 0 7 u7 0 0 0 0 0 0 7n o 0 0 0 7n o 0 7n 7n v7 0 7n o 0 7n o 0 0 M N r M M r r N r r N r N cp ai r r ro r N r M N r r M r M N n r r M N r . O W 0 ~ 07 4? U ~ • O Q~ N O R ap aD ap a0 ap c0 a0 c0 0 a0 c0 c0 00 a0 c0 oD c0 a0 e0 aD c0 c0 c0 cO o0 ap aD o0 0 a0 0~ c0 0~ e0 ap c0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ^ t a~ O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O ~ N N N N V 7 V~~ (D ~~ W~ (O a t0 M M a M o0 O ~ 00 O 07 0 0 0 0 0~ 0 ~ N N N r r M n. a N O N N O O O N O N M O r N M N N M N O M ~~~a a an ~~~ am~~~a mo a~a~ a a aa ~ ~ ~ ~ ~ O O o o o 0 0 o 0 0 0 0 0~ o r~ o r r r r r r r o r r mm ~~ ~_ Qm U U U U U U U U U U U U U m m m m m m m m rn m m m m ~ m m o ~ O O O U C C C U U C U U ~~ Y Y O U C C C C ~~ Y Y Y O) O) 0l 07 y O Y C C C ~ ~ ~ ~ O 17 N c0 O O O O lV O O O 177 c0 O O N 70 f0 c0 O O (p O O N ~~~ N m m [~ y y m h h~~~ m m~ to m m m m~~ m [~ m~~~~ m y~ m C C C Q C C C Q Q C Q Q C C Q C C C Q C C C C C C C C C G C C C C Q C C l9 N l0 10 10 10 lG N c0 IO 10 N R N l0 l0 N O O lG N IO lC (0 IO l0 N O p7 p7 O p7 p7 O O p7 O O O p7 O O O O O O O O O O O O O O J J J J J J J J J J J J J J J J J J J J J J J J J J J J J G1 N N~ C7 G ~~ ~~ ~ ~ ~ 7 N N O N N N U7 N d G7 N N N N m y d U7 d N N~ N d E E E y E E E_ = E ,:. = E E% E E E= E E E E E E E E E E E E E E= H E E 0 0 o m o 0 o m m o m m o o m o 0 o m o 0 0 0 0 0 0 0 0 0 0 0 0 o io 0 0 _ _ = Z S = = Z Z = Z Z S = Z = _ = Z = = S = _ _ _ _ _ _ _ _ _ = Z = _ N f0 (0 f0 f0 lC IO N l0 N f0 N lL R 10 N l0 R 10 N N l9 17 N N N N lC (0 R 177 10 fG N f0 N 'IIII V ~ II V ~ II 'O 9 U V 9 9 V V~ U V V~ 9~ 9 'O '00 9~ II 'O V V V~ V D U ll ll LL lL 11 lL lL lL IL LL IL LL lL LL lL lL ll LL lL lL lL lL ll ll ll lL lL lL lL ll 11 ll lL 11 lL LL VJ d w # 'L 7 m V j ... ~ ? M 7n m M 0 O 7n O 0 N V 70 n N M M M n aD M (O a0 7n O M 7 7n N N O 0 O [D c0 cD N N N M ~~}} O n O u~ op ~ t{ ~ ~ ~ ~ N ~ ~j M~ M~ M M M M 1A M l0 7n M M M 7A ~ M~ 0 0 ~ ~ ~ ~ ~ 0 0 ~ r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r N N ^ "? ~ ~ V C o d ~I N Q W LL 2 N C1 U' ~ LL 0> U U lO1 Y~ Q' ~ N U Y F~~ ni ^ r n 7n c0 M D1 ~ W n Q7 ~ e N N ~ Q Q Q Q Q Q m m m U U U U U U U U^^^^^^ W W W W lWi tWi l i LL~ U U U n n n rn 7n 7n u~ rn rn a y ~ rn rn n n rn~ u7 n rn 7n 7n 7n 7n n n 7n ~ 7n n n n n u7 rn n 7n rn rn rn co 0 o co o w o m co rn rn o 0 o rn o 0 o m oo rn rn~ o :3 (q ~ m rn rn rn rn co co rn w M M M N M M M 7f7 l0 M O u7 M M N M M M 7n M M M M M M M M M M M M M M N M M M M M M M M M M M M M M M M M M M M M M M M M M ~ U LL M M M M M M M M M M M M M M M M c'7 M M M M M M M (~h ~yrj M M M M M M M M M M M M M M M C - ~ ~ M M M U7 ~ y ~~ .~,~ ~~m~m~~~~~~~~~~~~~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d a ~ `7, O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N A U N ~ d A ~ In ~ a cD a t0N O ~ ~ cD N cp O aD ~'- r N N 0 0 M~ O r r N O ~ U 0 0 0 O N cc cc cc ccnnnrnrnrnrnrnoo~~aaa ~ 0 0 0 0 0 o a o 0 0 0 o r r rrrrr p n s~ T ~~ 1f1 O N O N <D r O O N O M n O O 01 M O <O n n O O ~ t77 N O O n n 0 0 ~{ u7 ~ '- r .- r r r N N N N N N p7 M "1 ~ o ~ E ~ q N N M M M M M r O o a N V~ ~ ~ M M CO n M t0 n n N N N N n <O (O 10 1n M to CO CO O M O 01 O to O [D <D Op M M n n QI r M 0 ch M~ O r 10 N n f0 ~ al tt a a y M M O O !~ n t~ O O M 1. N d O r r N M 0 0 0 0 M M r r 0 0 0 I r N a U o t0 M a v cc v n co o rn cD o o rn o o u7 1n 00 O O O n N O l0 117 1f1 n n n N N r M 0) ~ O n v1 M M~ r y a} ~ 1[1 N N 0 0 t~ r n O O N O r N CM 0 0 0 0 fM (+7 x 0 0 0 I n r N fV ~~ m~ O O O O O O O O O O O O O O O O O O O O O 0) O 10 O 10 O l17 1n N n 10 127 O O u7 127 n ~ Q, r M W M M 1n n 0~ V V In r r O O n h n V y O O C O r r N M O O O O M M r r O C 0 m O O M O O M O O O O If7 n O O N 0 0 0 tD O M~ O O M in O O O N r In O N O 1() O 1[7 M M A ~ O 00 QI 10 L(1 M ~{ O l() In 10 M n n M t0 O N n O O M N N n N~ oN0 ~ 000 n 'Q Y ~ 01 O 01 M W to t` cD I17 O M O~ W CD O M V ~p ap g OD V O In t0 CO M M M O an n OD n (O N O N O) O n m (A O to 01 01 O 01 O M t0 n m 1f7 m N N iy m O) V O) O) 01 O) ~ 01 01 O1 ~ 01 tT Of ~ ~ 01 0) m n ap n r c+i N 7 r r N r r M N r M (V 1(j M r 2..1 M 01 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 2[1 ~ n j C O G O f'~7 O C O O O C O 0 0 0 0 0 0 0 0 0 0 0 0 0 u7 0 0 0 0 0 0 0 10 O O O O M a0 tp n N r c0 N N aD M O~~ O O N O n 0 V N r aq Op f~ 1n ~ M M 1f7 c0 CO N N O t0 c0 O O t0 M 07 M O O O m 01 O O O ~ ~ W O W O W O m u7 01 i ~ O O i T ~ 01 t1 O m 01 ~{ 01 m 01 ~ ~ 01 Of O) n r a O ~ ~ r M N 1!j r r N r r M N r M N 12j Cf 1ff C r M _ Q ~ ~ N ~ °o °o, °o °o, °o °o, °o °o, °o °o, o °o °o o°° o° °o °o o°° o °0 2°0 ~~ ~ ~~ m ] , , , , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O , n N ~ r C C ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 o c c O 'C M a o D o c 0 0 0 0 0 0 0 0 o 0 0 o ni ~C lC fq ~ u7 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 1n 0 0 0 0 1n 0 0 0 1n 0 0 0 !n ~ o 0 o co M 1n o N M r f`7 1!j N r fM N N M r M N M N r tI) r M Y! V~ ~ ~ 0 .O r lr) ~ O V U 0 .O Q w m 4: y N m O~ O M W M W O W O O c0 W W W c0 W O 00 O O O O O O O O O O O O O O O O O O O 0 ~.I a L ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N ~ 0 ~ ~ v1 . ~- 1f1 7 t0 M O~' a0 O O O O M r N N N O N M M M a a M O O M M M aaoao~ooaaaaaaaaaaa C O O A y~ !0 a 1 +1 vi Q m r 00 U U U U U U U ~ ~ 01 0) 0) 0) 01 0) O l0 N N O N N ~ r N O M l 0 f 0 C~~ 01 Y Y O) 0) ~ O1 Y Y Y Y Y m ~~ y ~ m m ~~~~ m m N ~ m m m C C C Q C C C C C C C C Q Q C C C 07 R 10 07 0 07 N N N O7 07 01 O N N J J J ~ J U J J J J J J J ~~ J J J y ~ 01 01 0) ~ 01 07 01 01 01 01 07 01 ~ ~ E E E-= E€ E E E E E E E i- E E E 1 Q1 m ` ~ y y O O O 0 p] O 1p O O O O O O O N Ip O O O S S 2 Z~ 2 W 2 2 2 2 S 2 2 Z Z 2 2 2 ~ 01 10 N N N ~ !0 N 10 (0 f0 N 17 10 A f0 ~ l0 f0 IO Q Q C7 d m N ~ G1 N 01 N N d 07 d N N O7 G1 N N N N N N ~ N N N N d N N N d N 0 N 0 N ~ ~ C N 01 01 LL LL LL LL •- LL LL LL LL LL LL LL LL LL LL LL LL LL LL A N d 0 F at '~ a ~ C U N E rn y j ++ C _ 7 O N~ n M N M 01 121 ~ M N tn0 ~ cO0 tn0 ~ ~ ~ M n ~ n n O O C ~ ~ O u7 t p c D ( 0 c 0 u j u1 <O c0 O O c0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r y_ r r r r r r r N 0 ~ T V C ~+ 0 DI Q X m W~ a0 7 j (~ J Z~ 1~ d U' ~ X S a' S ' N N ~ ~ U S S S Cl S~ J J J J J~~ Z Z C7 (7 (7 p a d 1n n n rn 1n n M 1n n n n n u1 1n rn rn u7 1n u7 o rn rn o rn rn o rn rn rn rn w o m m w o co y ~ ~ M M M N n M M M M M M M M M 10 u7 M M M M M M M N M M M M M M M M M M M M M M Q U LL M M M M 0) M M M M M M M f'y M ~ ~~_~ 1 ~o ~ Q a N ~ O ( ~ N l „ a v a 0 a ~ ~ E ~ m m d N ~ ~ V~ o 0 o so N a ~ M O O O N LLI O O O fV ~ a a M 0 0 0 N F O O O fV ro " N Q' 01 O r O M 7 O E M N ~ O N y t O c0 ~ O ~ N ~ ~ "' 8 m N in ~ ~ R M 7 O M ~ N O N ( O O I~ O O l'~f n v N N ~ n ~ ~ M 0 Q ~ ~ 7 O E M r 1 N y o w R ~ ~ ~ ` n e ro C ~ c9 M m •- ~ ~i R ~ ~' V ~ a N ~ Q~ ~ ~ w ~ .Q M p ~ O ~ U o o~ y o00 a s L ~ N N N ~ O M O a o a o mm N C ~ ~ 71 O O M ~[1 07 - ~ R ~ am .: C O ~ O C N ~ ~ ~ V d U m u II u ~ m m c .~, a a s ~ m" E O O a m y A C C C A ~ m m !/7 m Q C A L # ~ m r c~ N U m w ~ ti ~ H m C ~ ~ ~ LL h M O N Y W rn C ~ °o lV ~ QI N m ~ N C n 117 O a t ~ .a ti _ ~`"~ In cq m 7 l0 a ~ U V ~ cn t i 19D-9 o ~ I O~ ~G ~ M cOc~~ l(1 aO v v ~ v v v a c« d~ ~ ~ ~ U ~ v°> n N O N O Y ~ N N lf) N N 1[7 ~ N h r N ~ N W //~ V/ ~ d N N N N N vi vi ~ N Z .~i ~ 0 ~ O ~ J F- N 'C N N N W ~, ~ '~^ N Y M ~ m N ll') N vi W ~ ~ ~ ~ ~ N H N ~ ~ d ~ N ~ ~ V d ~ .~ W a~ :? ~ ~ ~ O d ~ ~ ~ (n ~ U ~ N 1 0 ~ .~ = 7 a ° a o N V ~ o N N N Q m _ l0 0 .~ Z ~ d 7 ~ ~ Q N N N . LL W U ~ U # J y 7 E a y ~ ` N Q °.3 a °' H Z Y Q m ~ VI ~ m N d 7 y y L t Q°p ~ H y ~ A ~ a U H U i C R Q V y i= L d N MZ W d y i ,~ ~ ~ (O ui ~i ~i ~ Q N ~ ~ O_ a r ~ N ~ °~ n ~ E ~ ° a ° °~ O O O LL ~ a ~ n n 0 ~ cc <c o ~ ~ cD ~c ~ so ~ ~ N N CO iD 0 n N f0 ~ 0 ! (`7 M T M (O i0 f0 V 'sf ~ N h N N 1A N m T 00l M M 0 M (O f v v iD v N N ~ O N f O T M M 0 M { CO i V V O V °o R ~ N M Q Q M 0 m o w ~ m ~ 7 ~ ~ N d C N .~ J O N U a m ~U C l0 LL m Q ~o a V O °D U o ~ cn C ~` Q o R 0 N 0 O d ui U } y o ~ (n N ~ N c v v N O N N h N O N 1A O O 1lf rn c m E N C O H 0 Q v a° t0 C Q f~ C G1 3 N 9D=1~ N O d ~ '~ A a ~ ~ ~ d io •7 Q ~ ~ M O M C r y /a t ~ U d W d A d R 1 A a ~"' Z w ~ ~ H O 7 ~ ~ N > _ ~ M O (~ y ~ m W ++ d ~ C ~ ~ ~ d ~ H V d W > 0 ~ ~ d ~ 2 - N ~ V) v ~ U a d 7 N c E N c a fn U f0 a 0 U .. N F- C w ~r/Z W d d y 7 H M I O O c0 O M O •- O W M 0 0 O O O O O O O 0 O O d N A o Q n ~ o ~ 0 a' (A a 10 H O f0 LL _O H C O ~ ~ 0 d A O d ~ C ~ O ~ ~ O c O O O 0 C O O O m O) Q v c c E d C w N O C. d n O 0 N R Q w R d 7 N ° N I n° N o O f o O ~ (O N n 1D N ~ O O ~ O O O n N ~ o O N N CO ~ ~ V m Oi ~ M O ~ M O) '7 V N N V ~ N ~ of O) n cO7 W n M 01 v v N v of V N a of ~ ~ rn ti m °0 10 O Q o ~ m °o O o m Q ~ 1a m 0 ~ fA m 0 3 N C 7 LL E ~ y 16 U 2` ~ !n -Q ~ ~ c E > C T R ~ ~ ~-' j ~ ~ U C N Q J U h i C rr y o W ~ o ~ ~ 9 ~ LL rn C ~ o ~ ~ ~ Z~r/~ W a Y ~~ C ~ V C ~ ~ r.+ N T r ~ } ~~~ Q t} M N 100 10 N t} N V Off V K N v 0~1 a a a m 1`0 Q v m c m E C A W ti O O N a U a Z Q Q H Z d 3 y N t0 CQ G 0 U N 7 H L .~. w } MZ W ~~+ H ~ U o °o Q N ~ ~ 1 ~ a r O ~ a O E. ~ d ~ p p ' O O LL ~ a O O O O o O O O O G p p O O O (O V 0 •f a0 V M a0 O M N V N ~ '0V V O 7 M W a M N V N ~ C ~ w v_ N c N of aO d ~ N o 7 o Q .o c m 0 3 C V1 lL E N U to d H N Y N 0 0 rn ° C 1 y m N N ~ C _N o L O ,d_, N U ~ } p ` v i _ M O ~ ~L Q~ r a ~ 0 ~` d 7G A ~~ ~ } ~ C r ~ ~ 7 U d m Y R m a D 7 p 7 J ~ N > _ ~ M O fn y i m W ~ ~cc N~ ~ C 1.L ~ d ~ H V d W > ~ ~_ C d _y y l0 Q U ~ U a d N C E N c al M U O O O O 0 0 q v M N v m a w v N N a N '4 m I`0 Q v c H C N C W O F rn ao d V t6 Q CC L Q R C d 7 N N 10 a E 0 v N L H L d H Z W d w N H O I O O O O O O O O O O O O O O 0 0 Sri vi w m M M n r 0 0 Sri ui ~ ~ (O ~D n ~ 0 0 w M n °o R N ~ ' o Q r a o ~ R O to 7 N f0 d d l0 y O ~ o ~ ~ O V Q d L R ~ c0 ~ O C °O O ~ ~ ~ O O O O C 0 tO+f n 0 ro i0 n 0 u'i A m O) Q m C E d C R O H d' Z Q Q Z Q Q H Z d 1~J L~ ~ ~ N N O O ~ n N N O O N O ~ n ~ is 0 0 ~ ~ ~ ~ 0 0 co to o N ~ ~ ; o Q o .a c O a y 7 N l9 N f.. C l6 ~ ~ E 0 U N 7 F- L N w ~ N Z Y W C l0 m ~ C m N O L ~ 10 I ~ V ~ O C r N C voi 0 h ~c m n <c 0 1 Q a c C E d C R O H Q N d o~ T 16 C Q R {0 d 7 fn N a E 0 U V) 7 H L w N Z m d d N 7 H ~ ~ ~ Q N ~ I ~_ ~ . ~ a z O v a ~ E ~ a ~' 0 0 I O O LL ~ d N O N O ~ ~ A N O N N O O o ~ ~ ~ ~ n io o ao c~0 n a ~O ~ ~ n ~ CO b o v 0 °n ~ ~ ~ O b O 100 o Q n o .o ~ 10 .R 0 a 7 to 7 N d l0 d tl N H O C O 7 O V d Y R N T O d ~ C ~ O ~ ~ 0 0 rn N N 0 ?? 0 ~ ~~ OS a ~ 0 7Q is ~ ~ rg o Y ~ C r 07 N ~ ~ 7 U d d Y O3 d 7 O) a H y f- m 4 ~ o ~ J ~ N > _ .C M O V) N rr m W ++ d 0 W > G V) ~ 07 N 2 _ N ~ y ~ ~ Q a' U d N d y C a W U 0 0 O 0 ti 1~O O n 10 0 v 10 n 10 01 a v c N C d E N C O F- m N d .~ N OD r 10 a R d 7 N N C Q 0 U w y i H L a~+ N r Z m N w 0 3 H N I N 0 0 ~ ~ N N O O W N O m m co co ~ n 0 0 ~ ~ m ~ c0 1D W 00 CO b ~ ~ O O rn rn m 100, n r~ 0 0 ~ ~ rn rn 1D f0 O 1`00 o Q r, ~ o ~ O a z rn as d H m w O a~+ O C ~ 7 O a d R N O y O C °O O ~ ~ ~ O 0 N C m 0 01 10 O 10 O rn 10 n 0 ro r O Of a v c N C E O) C F Q N d .~ T R a w C t0 d 7 y 1~J N N 0 0 n ~ N N O O W N O 0 0 ~ ~ 0 0 O O ~ r O ~ 0 0 ~ ~ o T O 100 N ~ O Q ~ ~ o ~ .~ O a fq z w m H ~+ ~ C ~ l0 ~ CQ lL C Q U a+ N 3 H N V ay. O w C ~ N ~ d7 O } a Z Y m ~ R H ~ ~ t I ~ ~ ~' W 0 m N O w 0 O O O ro 0 0) `m Q v c 01 C E d C W O h W Z W W m Q Z a Z Q d N H C {~ cQ C U N 1- C d N Z m d 0 3 H ~ ~ ~ Q N ~ I ~ ~ ~ a r O °~ a o E ~ a ~' 0 0 ~ o ~ ~ a o o p 0 °o O °o, I o 0 O O °o, O °o, ~ d N ~ o a o .o c N O a 7 fn } U J a w U Z Z Q m C7 Y C R m M L O O7 ~ U ai 0 0 ~, N m N N O N O ~ ~ ~~ ~ T ~ a o~ ~~ 7 Q A M r~ O } ~ C r y A ~ ~ 7 U d d Y N a H N E- m D ~ °o J ~ N > _ .a M O fn y ~ m W +-~ d ~ C Q ~ ~ d ~ N V W > G N_~ ~_m N l0 Q U ~ U a d N N d E d C a U O O O C 0 0 O O 0 O rn A Q c R YJ C N C A O r Z CW L Q a N W a a Z Q H Z Q d 7 y y R a U w y H L w y Z m d w y L O I O O O M M O O O O 7 O O chi ~i ~ ri ~ ~ M t+1 ~ ~ O O M r o rn N ~ o Q o ~ c m A O N a Z Q 0 a N Y C A m C N L o ~ ~ V ~ O O 0 w M i O rn Q v c m N C E d C A O d Iq N d J a M 0 0 N d l6 C Q !4 C d 7 y 1y9 I~ O I O O O W O O O O C _O O °o I °o 0 0 O O O O O C °o R N ~ o Q ~ o ~ ~ A O a N a c N l0 d f" O LL C ti R C ~ . ~ U w y 7 H ` N O w C ~ y 3 ~ o 3 V a ~ Z Y m ~ ~ ~ O y d o°o L ~ } I ~ ~ ~ O O O O 0 0 O O O O m OI a' a c m C E d C ~ Q N ~ ~ J ~ a t O ~ °a O T ~ 0 0 LL a O 0 0 0 0 N N 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER ~~ ~-a a `~'~~,.~,~ 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 Receive and file the Quarterly Report of Contracts entered into between October 1 and December 31, 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 October 1 and December 31, 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 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. --, ~ ~{~~ n Catherine Staridiford Assistant City Manager City Manager's Office 19E-1 ~ ~ ~ c •~ o n E ° ~ a a~ ~ n co c _ O ~ '~ .o ° co ~ m '° o F- 3 ~' •~ ° ~ c c ° a o~ ~~, ~ ~ ~ °~ E ~~~o ~ U O ~ '° cn ~ ~ ~ n m ~ m o ~~ d .S a °~ ~ W a~ ~ w a~ ~ ° c L aim co °- m °~ _N ~ N O O U .U) .L ~ ~ ~ ~ 7 L (D .a L ._~ N O (o N O L _O ~ (A y a~ ° a~ ~ ° fo o (o n _ > a~ o C °~ cYO ~ ° m o ~ o >, ~ ~ '~ c' °- m ~-°' '>' i ~ c N c°i ~' ~° =a o ~ ~ ~ E a ~ ~ in °° N ~ - °' c ~ ° o ~ ° L o .U ~ v '> coo w a~ .Q a~ m 03 m o 3 ~ ~ W ~ •~ .~ o ~ ~ ~,-°a o^U >,oU oU c>i•~•~~ ~U•ca~_°cs ~~~Q io o ~ mY~ ~r^ c\ L co c a> U O :~ L O O a> L°_ O L o co a~ _ o o co L L a> co ° s a~ W ~„ ~~-n.»~mc.~amcnm~^^Q~mU>cn>a~~U~^~~acnU>c~ r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z COO f~ 0 0 00 O r to O~ O O O r M ti 0 CO N N O 00 00 COO f~ M O O O O N N O O ~ 00 O N 00 O M O 40 ~ O V' O O t~ N 00 O O d' ~ M ao 0 0 0 0 0 0 0 0 0 0 0 O ~ O O N CO CA O f~ O f~ I~ O (O O O O ti r [~ O 00 (O CO CO N O L(') CD 00 CA O O O O I~ O O 0 ~ ~- r ~ COO ~ N lC) O N ~-- ~- r N O M Lfl I~ M M r- O In lf~ In O Q r N r r r (V r d4 b4 b4 b4 b4 b4 ER f!) E9 Ef3 Efl Cfl 69 69 EA CF? 69 6F} 69 EI-? EA 69 Ef) fA 69 f!? ~-? b9 Cf3 Cf3 fA ER 64 b4 Efl _~ o~ ~ QQQQ(~^JQQQcn~Qc~^m^QmQf~QQmWf~f~fAfAQQQ^Q^ ~ X v cncncn~UaQcn~cnUw~Ua.~acnJV~UcncnJ~000U^^^~cn~ c W Z ~~~a~ ~~~~da0jj ~ ~ots~~ ~otsotsxsxsUUU ~ o w ~ ~ ~ d w ~ ~ ~ ~ w ~ w ~ ~ ~ ~ ~ ~ U C7 ~ d a aan.~ o Q O r M ~ ~ N cY M Lf) N I~ N M (O r 00 ~ d7 40 r d' M N I~ 00 CO h C(') CO CO In ~ N O 00 ~ ~ r r O O M 0 ao M M O) ~ O) ~~ d' d' r dp M CO I~ CO CO M M 0p 00 CO O M~ M O CO M n ~ ~ ~ ~ r ~ W t1' r M ~ M ~ ~ ~ d' ~ M N V' d' ~ ~ M cY ~ ~ ~ ~ r In r ~ ~ r ~ w cn cn cn cn ' lf') N L() ' Cn In r Cn Cn cn Ln Cn N tl') Ln In Cn cn In t.C) Ln CCU ~ ll') ' N ' Cn lf') ' ~ ~ O O O O O O M O O r 0 O O O O O r O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O ~ = r r Z N N r N N N Z Z Z Z Z L ° d a ~ n0. a a a Q a a~ Q~ a~ a~~ a a a a a a a~ a a a~~ a Q U Q~ a Q 00 00 00 00 00 00 0o ao Cp oo ao co 00 00 00 00 00 00 00 00 00 0o ao 00 00 0o ao 00 00 ~ ao ao 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 000 0 000 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N~ N~ N N~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ O ~ ~ M r r r N N N M CO CO I~ ti~~~~ ti ti~ CO 00 00 00 00 O O O O O Q) r O r O O r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ r ~ p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ 0~~ O r r r r r r r r r r r r r r r r ~-- r r r r r r r r r r r r r O r O O r r r r ° ~ U L ~~ c N y U W ~ ~ J y C ~ C C C (o O C O O C Q c c o co ~ U ~ .~ ~ ~ ~ -c ~ °- c ~ Q a~ ~ O ~ O Z o ~ U .L ~ Q _ c ~ ~~ ~~ °' c c a~ ~ a~ n~ ~ ~ o U o 0 7 ~ L N C C~ y d C6 ~ C (~ C~ ~ O ° U (n 7 L ~ U L L O ~ cco ~ a~ a°~ .3 a°i a~'i °~ °~ in ~ a E o ~ °' ~ ~ ~ U ~ o cn ~ ~ ~ c w ~ cn p N ~ n > -° O ~ ~ cv ~ ~ ~ co E ~ .x oo .L ~ °~ ~ .~ o o ~t5 Q a~ ~ ~ ~ ~ W o w D 0Lf c o •~ ~ o ~ ~ ~ ~ .~ ~ U U ~ U m ~ Cn ~ ~ ~ U ~ a~ Q- ~ ~ ~ ~ ~ ~~ -a a~ ~ ° ~ x U o O Q > U ~ in Q °~ a~ v, = - m cL° ~ a~ E O co o -6 a ~ o Q c E cn .3 ~- U > m ~ ~ a~ _° ~~ ° N ~ ~ co ~ >, m X o Q ~ ~ a ~ ~ ~ Y w _3 a~ Q c°i Q a~ ~ to 0 7 N N~~ N N .~ C6 U 0 j~ fo L ~ c O a> L n .~ i~ (U E O 7- H 7 .L cn O U ~cn>^^C~~UaUU' ~z0cnl-~^U^~OcnQQ^cncncnm^u-ci~0 a~ O a~ m ca t a a U .O z m c L U Z U U C 0 U N O Y C ca U 0 m E Q C~ Q 19E-2 N N U c N fo U C= .~ N N O O Y U_ y fo fn co Z ati Z E ~ O ~ C O N O i O O O E L O ~S tq (0 a O U O OL O O fA U O" ~o a~ co O~ cN ~ ~ ~ y V .Q o °c~ ~ ~ ~ ~o .o ~ i ~ °- o E '~ ~ L ~ io L fo o L E m o a~ m ~ ~ `~ L a~ p ~' L O ~ m ~ '~ .y ~~ E ~ m N n- a~ ~' -c o U o d ~ ~°~ a c ~ -° 'U N N c a~i ~ ~, o~ 3 O°- a m cco -° w N N 3~ N °" ~- ~ ~ o ~ 'co Q ~' ~ otS N L ~ ~ ~ ~ ~ ~ ai v c ~ O N ~ ~ ;~ ~ ~ m a o L N~ L > ~ a~ ~= o Q N 'cu •ca •w w ~ ~ ~ •c6 O ~ a~ °~ aoi c ~ ~ aUi ~ c ~ `' `~ o ~ o '~ L ~ L c ~ o ~ aoi .` _ O ~ L C ~ O L U (A .C .L.~ fo N ~ Q ~ O_ U > N 'C (o U (o ~ >+ L U 'O N (o p v U~ O ~~ (A .<A p~ fl- ~~ O~ O O O O~~ O m V (9 ~ O~~ r ~ c~t'c v ~~•O LU'~n ~ a~ a~ op... cU oUUUU~Y ~ a~ L U"O N~ M N ~ ~ •°-' co a~ x ~ ~ ° O ~ o O o .~- L U co ~~' O ~ O O O O o .~' o ~ o ~ ~ ~ ~ ~ j cndO2cn~w~Oc~mmv)UH~cAJ~pmQmmmmcgpUv)UUW(n(nH r ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z COO ~ r~ 0 C(1 N~ r 0~ 0~ Lf') O CA r r 0 0 I~ O O O O O O N I~ Ln M r CO In (y O ~ 00 N r~ C~ O COO ~' ~ O r~ O O ~ O 00 00 r O M 0 0 0 0 CO CO L!') l(7 N N !~ O N r ~ O W N ~ N Ln O CO ~ (O O In O Lp ~ O tf~ O) f~ ~ I~ O M O O O O r N r l!') 00 f~ r r O O O ~ N lf') d' M r O ~- M t!') ~ CO r In r 0 0 In O M r Lf') CO ~ ~ CO C7 Q r r N r r r E9 Ef3 ffl Efl 69 EA Cf-? E!) Eft ffl 69 69 69 69 Ei? fA E9 64 ff? d9 Cf3 b9 64 fA E9 ff} EA EA fA ffl ff) d4 Ef? (f3 ffl d? fn != ~~ ~aaQQQcnQaa~npQv~v~cnaav~awJaaJaaQQcnappYCnaQ ~~ c~~~cncnpUp~pvapc~c~c~~cnc~~~QcncnQcncnc~cnv~aa.~c~cn~ cw z~a~~UxsU~Uxs U~rs~s~s~gces~~ gg ~~~~xsa wxsg~ O W LL. W ~ ~ D.' ~ ~ LL ~ LL LL LL LL LL LL ~' -~ ~ LL U C7 ~ a ~~~ ~ a Un. o Q 00 f~ CA M O O Cb M ti N !~ r O In N lf) CO M O CO ~ O N r Ln (O N r 00 CT ~ f~ 00 O ~ ~ ~ tf) L~ ~ IN Lfy L~ lM l~f ~ ~ ~ U ll~ ~ ~ t~ ~ lOf) ~ In `V' Opp ~ ~ IOC) ~ ~ ~ ~ ~ C(O ll~ COO ~ ~" W Lf') l,n In Ln ~ lC) Lf') In Ln l.n Ln lf) In lf') Lf) Ln lf~ L!~ In In ti l,n CO r Lf7 l!') L1') Lf) Ln lf~ L1~ In l.n l(~ N m O O O O O O O O O O O O O O O O O O O O O r 0 0 0 0 0 0 0 0 0 0 C r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r L yN Z L W O o, ~000000000000000000000000000000000000 Haaa~~aaaaa.aaaa~aan.~aadaa~a~a.~aan.~aaa. ~~~~~oo~~~ooo~~~o~~~~~~o~~o~~~~~~o~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q M M d' ~~~ cf' In lf') L(~ lf') In lf) In LI7 Ln CO CO CO CO I~ ti O O O O r r r r r r r r N N Q r r r r r r r r r r r r `"-' r r r r r r r r r N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r ~"' r r r T r r r r T T r r r T r r T r r T r r T r r r ~"' r r r r r r r L L O ~ O ~ U L Q ~ •L ~ •~ W ~ o L a o O ,, L c ~ O ci c c C U 0 O c L~ Q -a to O O c co L U (o N F U `- E O U U N Z _o aU'i ~ ~ o U >, av'i coy co o U .~' c otS c ~ c _~ ~ c ~ ~ c ~ ~ ~ N L U U O L O O N L L ~ V) O L O O_ ~ ~ 'a pU O co ~ N ~ co ~ ~ ~ ~o O io Q. ~ •~ C O ~- ~ U n. c .~ O p o ~ m ~ ~ ~ ~_~\ c- ~~~ cn ~~( ~ J_ co ~ ~ ~ c c o ~n ~~ ~ ~ > C Uo c`°i m ~c ~ ~ `~ coo Z Q C ~ L p~ U ~ m ~ Q ~ ~ ~ O~ ~ N w Q Q ~ ~ W~ C L L~ O o O ~ p LL1 ~ `~ ~ ~ o U m ~ ~ ~ d ~ U o ~ ~ ~ o U ~ ~° ~ .~ U o n ~ ~ c~ ~ ~ Z, ~ cca N O~ O O~ ~~ N d c~ J O~ N d E~ O N N U~ co Q O Q :-0 p w J 0 -p L Z31 U O ~ s C1 .- L 7 O N L S O ~ °~ o 0 o N ~ o >' ao'i .o .~ ° U c U s ~ m ~ o o° m a~i o ~ o ~ ~ ~ ~ o~ a a~i cncn~a~~F--oo~~O~cn~l-~ac~c~cnO~m~~cnUO ~ ~-~~~OQm c a c~ a 19E-3 M (0 L Q U fl U ~ - m • ~ ~ ~ ~ a ~ ~ o ~ O ~ y U ~ OL ~ ~ U Z Q 7 N 'N O ~ i ~ E ~- L U ~ N L Q • N Q 1- co a w ~ ca a ~ a~ ~ ~~ °' ~ ~ - •c ~ te o a~ _ .~ N ~ ~ O c (~ In O ~ - a ~ N f0 U C w tq L O W ~° N a a~ ~ ° '~ •L ~ ~ ~ ~ y •co o ~ a~i ~ a~i co N ~ O C s ~ ,o _ C N U i~~ C (n Q U Q U •D C i Q Y C >~ O_ ~ U O C ~ U L O - O_ N 7 .~ L N O LO .L O C .Q L Q ~ (0 ° ~ v o ~ L ~ •3 o Q °- ~ ~ N L ~' E ~ fB ° O~ ° c ~ ~ a i 0 0 cn a m c ~ L ~ ~ O .L U N '~ N ~ ~ L ~ N ~ N L ~ ~ ~ ~ O O ~ O o L (6 ~ V U ~ C "p > ~ c 3 0 0 V L ~ ~ Q~~ . ~ L~ O O ~, O fO 0 7 N Q O O C a L~ O O O C O O L N (a ~ ~ ~>~ 02f w C ~ 'O O O Z E •O (0 j C p) O N O ~ U ~ O~ V 0~ N O L~ O C N ~ 0 ~ U .V O ~ .L ~ O ~ _~ 0 ~L O a- C N ._ U O LL "O ~ L l l O U O- U> O U L U~ "~ L U ~ ~ U L _ O d U U N ~ OO o cu ~ O a~ ° ° ~ ~ O ~ O ~ ~ a O o O ~ m O ~ ~ ~ M j , o o a~ a~ cv m -c a (n~f/)4 >C~a~(nH2O0ZQIi002dQ00(~ ~W 200fgJUC~WY a~ (nU~IA . r ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Z CO N M O r 0 0 tC) CO O~ O~ O O O N O 0 0 C`M O N ~ O LI') 00 O O O 00 O O O CO O ~ N CO ~ Ln r 0 0 00 O O f~ O O O L(~ O LCD M O O O M M~ O f~ O H O In r O O O CO r O H O 00 O L(~ O O a0 r 0 COO B O O to Ln r 0 0 CO 00 ~ r 0 0 00 CO O L(~ t0 O H O l() O ~ M r ~ O r M O N O r r r L(1 O M ~ O In r lf•) O O lf~ r p r a N r N r N r r r r r (~J El3EF?EREflfflEflEAb4GHd4ff?EAERbgERf,9EI?Ef3b9~3Efld969Eflfflffld4d9Ef3b9f~ f}}(-~~?f!-J y ._ ~~ raaQwaa~a~n~nawa~naQaQQQaaaaaaaaaQo ~Qaa c~~cna~cncnUcnUUcn~cnUv~~cnaa~cncnc~cncncncn~cnag UaQ~ cW Zak tL~~~~a2s~2s~l~~~~ ~ ~~~~~~~~~ U ~ Ua o w ~ ~~~~~~~ ~a~ ~ ~~u.~~~~ ~ ~ U C7 ~ a Q o ~ O O O I~ M ~' O ~ ~ (fl r M N O 00 (O 00 In r CO Cfl I~ 00 ~ Ln O N 00 N ~ N N M L(1 ~ O ~ O ~ d' r ti M M N~ M N O N~ r M In V' ~~ r f~ f~ ~ M~ '~ ~ f~ ti O ' ' V~~ O tf~ l1~ l1 ) Cfl In ~ r CO L( ) CO CO Lf) (p r (D M CO (O r CO Cfl In Lf~ Cfl Ln In (p CO ~ (fl Cfl W " ' ' " r r r ~p ~ ~. LC) l!~ L! ) Lfl l!7 ~ ~ LC) l!~ l1 ) L(7 Ln In ~ Ln r Lf) lf~ ~ lL~ l(~ L! ) In L( ) L(~ In In Ln Lf) l(') In m O O O O O O O O O O O O O O M O 0 0 0 0 0 0 0 0 0 0 0 O O ~ ~ ~ In 0 0 0 ~ ~ r r r O r O r O r r r O O O L Q N N N N N N ~ Z Z Z Z Z Z Z ~ O W a ~aa~aa~Qaaaaa~Q~aa O aa O O ~a Qaa a . a . n . aaaa QQQ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ w ~ 0oooooaoooooooaoooooaooooo0000000o ~ aooooo0 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N~ N N N N N N~ N N N N~ N N N N N N N N N N N N F- ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ i~ ~ ~ ~ ~ 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~~ N Q N N N M M M N M d' ~ h h f~ N f~ i~ 00 00 N o0 00 0 0 0 0 0 0 0 0 0 0 M M M M ~ N N N N N N~ N N N N N N~ N N N N~ N N N N N N N N N M M M ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ 0 0 0 O O O O O O r O 0 0 0 0 0 r O 0 0 0 r 0 0 0 0 0 0 0 0 0 0 0 0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r to fn L ~ ~ -O ~ O C O • L L O N Q O C l^ G ~ ~ Y ~/! L Q T ~ •/1 ~ C ~ C / v U N ~ N ~S Q Q ~ ~ O ~ .~ .~ U ~ ~ ~ C U Z V fn C L 2 C ~ C ~ ~ - C L ~ fn ~ ~ ~ ~ C U) O N ~ J O a - ~ C (6 ca ~~~ ~ o ~ ~ " ~ OU ~-~ ~ ~t~L-~ ~ _ _ ~ n / ~ Z ~ U ~ LLJ ~ ~ ~ ~ U ~ U Q~ U ~ Q~ ~ U ~"~ ~ ~ ~ L.L W Q _~ m ~ •~ a (~ W N ~ C N f6 ~ ~ ~ v ~ ~ N ~ _O ~ ~ ~ ~ ~ ~ c ~ a c ~ N N ~ ~ ~ p ~ O a tq ~ ~ ~ C O N U~ C ~ ~ ~ d U ~ ~ O O O ~ •E N ~ = x O U ~ 'O N f!1 (n ~ L C~ X O U N N C O- C L .C p) C Y E~ 00 >> O `- C U • ~ ~ ~ N m Q ~ ~ ~ ~ O U ~ ~ O N :Y (d O O' 5 U .~ ~ c n1 N 0 f0 CO m C c ~ rn x (9 Lp 0 ~ Z(naU~2ZUC~r U~~X UUF-~[OC~2~~-~~aa~ a~(~~p a~ O ca U a' O n. m U O z rn ~o r U Z U U (6 C O U N Y C _N m U O m N m Q i C7 19E-4 N c U O O - • O ~- L L Q U L _~ Z ~ fA N C O y~ v '~ Y ~ O ~ (LO ~ ~ ~ ~ U ~C d Q 3 N N U a ~ ~ ~ L •~ L V C •> N L 0 0~ C (~ N (n O N O Q L to VJ N~ O O 'C L •C ([3 Q L L O U L ~ N L O B O w 0 J, U ~' O OU ~~ Q ~ O N O Q .V N p N C O f~ O L C Q ~ N ~ U ^. O- N (B U U Q L cn L~ •O~ C C U U O ~ O N O E- N S O U .~ U •O •N y 0 0~~~ p> O~ U O U C N O N N L O O O U '" O m fq `~ cNi> W .~ ~ c0 co U O O N > ~ ,o_ O_ ~ •~ ~ ~ c ~ y N ~ N L s ~ N ~ 7 U C L N - C O O.. Q ~ N 0 0_ 3 O_ C~ - N ~, Y ~ L w ~0 0 fA C2 0 ~ (0 ~ 7 Y U 7 7 0 '~ U=~ L O C O~ U L ~_ ~ U (U ~ 'U a. ~ N~ N 7 Q 0 0 7 4- O (LO > Q N>> O Q O ~~ O O L U to L W +.. C ~ 0 0 f0 7 O N~ E N O O N O DU ~~ a~s=a~o cco aoi ~U m~ Q~ ~ c•~~:~ oU•~ 03 ~U ~ o.E > ~U~U M > O o ~ .L a~ ~ ~ L L O a~ ~ N , - .c O -- ~ o L O ~ 0 3 CO .~- O a~ O ~, omc~a~>aa0~-~m~>w~v,~~Y~Um ~WfnLLm(ndfn>~m>m T o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z~ 0 o Ln O~ CSC O N O O O O O) a0 O O (D O~~ 0 0 1~ T O T O E N O f~ I~ O ti O 0 ~ N O O O M CO I~ O O ~' 0 0 0 f~ M r N 0 O M O O D COO 0 0 C!') M I~ O ti O r 0 T O ti O O N O S ~- V' ti N~ O I` O) ~~ !~ O O ~ Cn ~-- O M M O T O T O T 00 T~ N O ~ ~~ ~~ T N N ~~ ~~ ~ O N ~- ~ O) ~ CO ~ ~~ N O N T ~ N I~ .- to O Q N ~- N N N T Ef? EA Ef3 Ef3 fA Ef3 6F1 69 69 69 69 69 69 69 FA Efl Ef3 64 69 69 Ef3 EA d4 b9 Cf3 E!? C!-J E!-J 69 Efl EA 69 69 69 d4 Ei? _h .r U~ ~mQQmQQCOCOCOf~QJQQQQQQQ~QQJ(~(~OQQQfA(~QQ~'Q(~ C W Z J ~ a J ~ d J J J UotS U Q ~ ~ ~- ~ ~ ~ ~ ~ d d Q a2S oz5 ~ ~ ~ ~ o2S oZS ~ ~ d ~ o2S o W W ~ ~ LL. W W ~~ ~~ LLWLL~2 ~ tL~ U C7 n. a s d~ a o a N COO ~ O M~ T M CO M O O N ~ t1') O~ lfl O N O O a) ~~ O T T O O N '~ d' O O ~ T O~ T O d7 T T T O N M N o0 O N Op 00 r N~ 0) (O M CSC ~~ T ~ CO t1') In c}' C10 N t~ f~ f~ r ~ ~ CO I~ ti ~ CO I~ N ti CO ~ ti O O O ~ ~ O ~ ~ ~ T ~ ti ti ti ~ ~ ti N ti O ~ W 1.f) l.f) ~ Ln LO ~ ~ ~ l.f) l.f) l.C) M t.f) Ln t.f) t.f) ~ lf) ~' LA I.fl Lf') (O Ln Lf) ~ Lf~ Cn Cf) lf) Cf') lf') lf') I~ In N ~ X 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O M O O O O O O O O O O T O N >' N N r T ~ Z Z Z L O a } 0 0 C~ O O O O O O O O O O O O O O O z 0 0 0 0 0 0 C~ 0 0 0 0 0 0 0 0 0 0 ~~~aa~~aa~~~a~~aaaaU~aaa~~aa.~aaaaaa~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W o 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ~ N N N N N N N N N N N N N N N N N N N N N N~ N N N N N N N N N N Q M M M M M C ~ M M M M ~ ~ ~ ~ ~ ~? ~1' ~' ~ l ~ l ~ ~ ~ CEO CEO CO ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O O O O CO CO O O O Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_ r r T r T T T r r r r r r r r `- T T T T r r T T T T r ~- T T r T r r T T T T T T T T r T T T r r r [-' l- T T T r l"~ T T T T T C" [~ T T T T r r [~ ~ O) C W U U O L O ~., ~ O (0 ~ ~ ~ L ~ U ~ O- ~ U ~ ~ W ~L 'L ~ O L O W O C L ~~ ~ ~ N ~ ~ ~ N O UI O ° ~ U ~ ~ ~ ~~ m U ~ °o U ~ aoi ~~ o ~ ~ ~ ~ ~ ~ ~ >' F- Q o ~ c>a o v w ~ c o o a~~i ° ~ ~ ~ :0~0 ~ E ~ o a o'~ ~ Y ~ ~ ~ c ° ~ cco cn rnT Q ~ ~ w uo. U ~ W~ 0 7 C y N i C ~~ U T N H W fn O O C L L o o C7 ~ Q o a~ ~ O o "d ~ ~ a' cA D a~ ~~ > ~ L E ~ c ~ X o ~ .~ ~ L (0 .o> a~ 3 Y Y d ~U a~ r ~x ~_ O O N (0 > vi ti~ c ~~ ~> ~~ p a o~ c ~ U c c`v ~ c .~ (6 C U (d _ O N L L U L C ~ O ~S (0 7 (B N O- L , C O N 0 0 0 0_ .. 7 C m m U LL LL J J ~ d F- m U W Y d Cn (n ~ > Q ~ (A ~ Q U W J ~ Cn Cn Cn (A fA fn Cn ~ 19E-5 a~ U N N ~ N Q to O ~ ~ U U 4L. `. N O Q >' ~ Q) O i ~ Z N N ~ c in _O ~ O O ~ L O_ O ~ (0 ~ C >, C O U ~ vOi 3 m a .v ~ O o c ~ L . L ~o~a Q ~ OTC .T ~a~~ fn -O C S C W 0 0 0 O N i 0~ L ~ p Q) N X N C~ Q f0 > ` ~ 7 O) ~ o I- >, -°~aL ~ ~ O U to O U i. • i C C N 'c~ ~ L ~ a~ 3 0 0 3 > ~ ° 3 ~ °~°• cn O~ ~ N > O Q ~ C ~n c ° o L ~ N c O C ~~ ~ o Q~ O 3 h~ c N , U L ~ V C Q ~ o O ~ 'D O 3 O O i N 0) ~ a N O Y N~ O ,C Q O _ ~~~ (0 N `~ O N C ~ O L O U O L ~ fn ~ O- (0 U "C7 ~ C O ~ •- O N (~ .L U ~ ~ Y f6 U ~ O N ~ ~ O n N _ ~ •C ~~ L Q O- O ~ ~ t ~ L f0 > O O O -p ~ .r _ U a + L (0 O . ~ > O C O O O ~ O 7 O N X N U N C ~ "- N ~ N N "O O O ~ O N +' > ~ O _ fA U ~ ~ to N C _N ~ L E O C70 N~ O~ O~ E N O O cn }. ~ L O 'O O N U N O~ >, ~p N O> C U U O ~ O ~ O>~~~~ "O _ O O to N~ 0 0 (~ L y L 0 ~i p ~ E 'O N O V O U N _ M L •> N~ N X ~+ ~~ L .~ p . N N~ Q CU ~ O ~ O C N •~ O "~ L O~~ N O .~ ~~ N N N Q2 ~(nW2fncnU2N ocna>cnf~cn2cn~~2000HUUmL.LJ=>U r ~ 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O ~ X 0 0 0 0 0 0 0 0 0 0 I~ O O O O O O O O O O O O O O O O O O O O O O O O O Z N N 0 0 0 I~ O~ O r I~ O O H r~ 0 I~ O 00 0 0 00 O Cn 0 N 0 0 0 cf CO tf) r I~ O ~ 00 M O M O N O COO ~ CO O~ M r O O O O N CO Cf') O O O) O l1) O Lf) O r O N LC) O ~ O 00 O O O In CO ~ C~ f~ N 00 O M N Cf~ M 0 0 ~ ~- M f~ C70 lf) O O O I~ COO 00 N r M M O r r Ln r I~ N 00 N ~- O ~ Lf) r Lf') N N CO ~ ~~~ CO CO L(1 M ~ ~ ~ ~ Q r N r N r r N r r ti ~~ ~cncnowoaawaaw aocnaaJaaawoamaoaaaoaaaaa ~ X UUUd~d(nfA~~(n~ ~s~s ~~ U~ ~dUf/)(nQfA~~~d.(AJ~~~~~df!)~fnfn(n U xs~~ ~UU ~ U U ~ ~~~ cw ,~ ~ z ~ ~ ~a w ~~ ALL. u. W a~~ ~ ~ ~ ~tL~ U C 9 a a N r C10 M f~ I~ C7) N O) r N O O lC) ~ M r CO N M N CA ~ N~~ O r O) In f~ 00 M O O ~ M CD B O O O) ~ 00 h r O ~~ O M M !~ M r ~• CD COO ~~ f~ ~ O O) N O N N r O- ti ti r ~ CO ~ r 1~ ti ~ C70 lJJ Ln l!') ' ~ M ~ ' lf~ Ln tf) lfl r I~ 00 00 CO Q) 00 00 00 OC) CIO CJO 00 00 r 00 r O) O) [A 00 O) ~ O) ' l(7 l(~ ~ L!') O L(7 ~ ~ lf') ~ ~ In C!') ' ~ ' C!') I~ lf) l1') CA Cf) lf') ~ m 0 0 ~ 0 0 0 ~ O O O O ~ O O O O N O 0 0 0 0 0 0 0 ~ O ~ O r O O O O O C r r ~ r r r ~ r r r r G ~ r r r r r r r r r r r r ~ r ~ r r r r r r ~ L ~ N N N N N ~ Z Z Z Z Z Z L ~ C~ W a >-OOC~OzOC70000 UOOOOOOOOOOOOOC~OC~0000000 ~aaan.U~aaaaa aaaaaaaaaa~aaaaaaaaa.~~a.a 0000000000000 000000000000000000000000000 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F N N ~ N N N N N N N N M N N N N N N N N N N N N N ~ N a N N N N N N N \ Q~ ti r N N N r N N M M r d' ~ ti~ ti ti QO 00 ~ O) X 0 0 (V O N ~ ~ ~~ d ' V~ ~~~ r r r~ r r r r r r r ~ ~ ~ r ~ ~ ~ ~ r r r r r r r r r r r r r r r r ~ r r r r r r r r r r r N N~ N~ N N N N N N N r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ r ~ ~ ~ ~ ~ ~ ~ r r r r r r r r r r r r r r r r r r r r r r r r T T r r r r r r r r r r r r r r W (V ~ ~ L N O E (U O O W ~ >,•~ N in C r y U N ~ U o ~ O L (6 O L C p tII N >+ C ~ Q c0 Q to [n to U _ U N ~ N (0 CU O .~-. O • ~ ~ ~ ~ ~ ~ ~ ~ ~ z ~ o .L ~ ~ a ~ ~ ~ E ~ o ~ ca ots a~ ~ ~ -~ W ~ ~ •m O ~ • ~ -a o ~ 3 a~ o O ~ ~ O O ~ ~ ~ > w :~ ~ ~ ~ a ° '~ Z ~ in ~ ~ ~ 0' ~ 0 >, ~ (n N Cn J c°'a o ~ ~ ~ a i con m ~ ~_ ~ ~ co m ~ ~ °- ~ o ~ Q ~> Z O a C L ~ ~ y U r W > ~ _ i O C O U c6 >. ~ C `- N O O C I- N c0 U a i ? ~ ~ o w ~ a~ ~ .~ ~ ~ ~ a ~ U w c~ U ~ N U CLL ca c ~ o, a o ~ 3 cn a~ ~ 3 ~ •~_ w ~ ~ ~a a~ `• J C •Nv-L W ~~~-O~c. ~ U cn•`-~ N O L _ ~ c6 O O (0 O O N (6 '~ ~ °ZS L Cn f6 N C O~ N >, ~ O J N N O E N O O~ L~ O (0 O 0 Ucn~amc7~a~~cn~ 0 w W~UUaCn~OC~~~m2fn~NaCnaUW~~ E m Q i C7 Q 19E-6 N a~ U_ L N > U -O (o N >, N •L L L O >, C ~ ,_^ Q y--~ ~ ~ O U V J Z T C ~ L L U N O N N > N~ co C C -a ~ ~ E O >, ~ N ~ ~ ~ N ~ d L 0 Y L > C a L 7 Y O O (o C O O) (o - N> ~ N Q ~ L ~ v N C a ~ ~ L C ~ ~ v C+0 0 " E U ~ (U L ` ~ N co ~ ~ C O ~ :~ O N 'O N M ~ ~ p fn C N U (0 O N O -O '(p U L 0 m U (Lo N ~ O C U 0~ C O) ~ r '~ ~ N Q O ~ o2f ~~ U N ~~ O 7 v- Q N~ U L N ~ O U N N U `° ai ~ ~ LO ~ V °tf cOO 3 ~ m 0 olf ~ ~~ c vi ~ -N N ~ N~ N N N O) O N >+ O~ (~0 N "°6 E "- (~A C N O L~ O N Y > O N 0 'U-' E N N Q r N> C .~ ~ ~ N V L N Q N ~ fo ~ O1 N 0 "J C U ~ L L N •~ (o L ~ .~ ~ L N V~ E -` ~ (o L ~, C1. L Q ._ L C C L O co .C C O p C N 0_ 0 0 O O N - O (o (o C >' O (o C 0 O 0 C) C f6 ~ O °' 0 > N .L C ~ ~ (o .V ~ ~ ~ O) ~ ~ ~ Q> 7 'a U O) '- ~ +.o O_ ~~ L O O U V ~~ O U fo L N N- C- 0 L C N L C (6 L L L L L (V C L U L L ~ U N L ~ ~ U ~ L CZ N (V ~ N CV ~~ Q- O L O N~ O O O O O~ L 0 040- 00 ~ .C O) ~ O fd 0~~ N O 0~ Q C L C~ O O U C~ p-~ U U U U U ~ U .~ ~ U °~~ U 3 :6 m m U a~ ~ o°~ ~ v°~ °~ O O O O O o °o a~i O ~' ° O o°° O o~ ~ o °~ O c`o ° 3 a>i ~ o o E L a v c°o N dJmmmmm cNl-m00m~fn cm(nQ cn..F-COS- ~(n(n~fn~ W Q~(n2' r O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~ F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 lf') 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . . . . . . . O Z M 0 0 0 0 0 0 0 I~ M O M COO r ti 0 0 0 1~ ~~ CA O r 0 0 I~ O O O M O M N (70 ~ ~ N CO O O O O O O N COO f~ O O f~ r 0 0 0 0 M f~ r 0~ O Cf0 I~ O CO O 00 O In In M O N N O O O O O O CO O O CO (O O 00 ~ (70 O O ~ CO r (~ O H O C10 COO r f~ f~ M~ CO 00 O ~ N r L1') CO lL~ CO Cf) O 1~ r L(7 r In N N O V (O ~ In CO ~ r 00 M M N ~ N M N N N N r o Q r N !_' ~~ ~QQQQJ-~QJf~(~QWU)-~Q(~Q-rQC~o(~(~-~QQQ(nQQQf~QQQQ ~ t U U fn (n !~ J J ~ J U U [n ~_ U J (/~ U U -~ U~ U U J (~ (n U fn ~ U (n (n U C W Z U ~ ~ ~ Q Q U Q ~ ~ ~ LL °~ Q ~ ~ ~ Q d ~ ~ ~ Q ~ d ~ ~ d ~ U a2S ~ d O w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U C7 ~~ a a a a s a ~ o Q 1~ O CO r to M CO ~ CO I~ CA 00 O I~ CO ~ ~ 00 r In d' (70 I~ (O M I~ r O ~ CO O N ~ O V_ r O O: O O) t~ O tM O V O ~ ~ COO O ~ r ~ O) lf~j ~ O' ~ O ~ ~ N ~ OMO ~ ~ r ~ ~ CA ~ O O O O- w tf') I.f) CO O CO CO O ' 11~ In 07 L(7 I.() 00 Lf) Lf') lf) r O CC) L(~ l1') L(~ r L(7 M L(~ L[) ' l(~ L() L(') L(') CO CO CO 0 m O O M N M r M~ 0 0 N O O r 0 0 0 N O O O O N O 0 0 0 ~ 0 0 0 0 0 0 0 r r ~ r r r r r r r ~ r r r r r r r r O r r r r r r r T ~ ~ N o Z °o Z ~ N Co 7 O a ~ O O O O O O O z O 0 0 0 0 0 0 0 z 0 C~ O O O O O O z 0 0 C~ 0 0 0 0 0 0 0 ~aaaaaaaUa~~a.aan.a.Ua.Q~ad~aaUaaaaaaa~a~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ o 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N O N N N N N N N Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ In L!~ lf) Lf~ Lf) l() lL~ CO CO CO CO CO O r ~-- r r N N N N N N N N N N M M M M M M~ Ln ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r L1 N N ~ c Q ~ ~ co _o L w ~ >, E N . o ~- ~ a°i s vOi ~ °o °~ c`a ~ U Q N U ~ N >, ~ N J~ O ~ m (~ (~ U z a. ~~ a>~ ~ >, 0 0~ .° o N L~ N J aQi U c °~~ o c E °c_' E p 0 0~ ~ N ~ O C w (6 N -~ C N (o C L U D O U ~6 ~, ~ N 0 (0 0~ 0 L` L O C~ C L Za ~~ ~~.M-~n° w,c~ a°~i ~n~~ oUin ~aQi~j.L ~c~ ~~ ~/~/ ~-~p( E o o ~U w L L L ~ L w L U >> > L~~ Q U ~~ U r^ L.1~ ~ O~ G U O ~ ,y O ~l W 4- L O ~ ~° m Q ~ co ~ d ~ ~ ~ p ~ j Y ~ m C ~ L >, a~ ~ ~ ° a ~ a~i X ni ~ o m ~° U U ~ a E ~> ~~ aid N N X~ L~ ~u.•~ oQa L.~p~ m Q.N ~Ur m C m ~ N ~ ~ cog ~ C N C7 •~ ~ °~ 00 0 ~ C ~ o ~ Q ~ ~ - ° > N o L C ~ ~ ~ o L o ~ c`o > a~ cLo co °~ ~ o `o o ~ ai -~ a°i cn a a>i U o ~ ~ ~ ~ ~ o Y m Q ~ ~ ->a 2'0007Ja.cnl-I12cncnl->r ~J~O~UWYdddC~cn~UUW ZCJHu.Q 19E-7 m a~ U •Q C (0 O- C ~ N _ C N C 4) (n O O > C O L O _ E~ O O O O U C ~ V L ~> fn ~ O ~ >+ N (6 Q L Z ~ ~ C o o ~~ v °- ° ~' N U C O N -O U H _N i O ~ ~ ~ ~ p 4) O) C ~ (~ (a - N 4. '~ a~ n ~ ~ ~ ~ ~ rn ~ ~ .S a> ~ L L •~ C V) O ~ ~ ~ N Q ~ O > Q M 'O 0) fn E y L N O_ ~ (6 0 0~ o o c a~ ~ c ~ v -6 a~ o° ~, - o ~- w L o ~ >, ~ c m~ v>i~ o-°o~o-~E~ v°~i>~°o~oc~a~~v~ ~ °~ ~~~o,~~a~io cQ ~Q•~>>~m~a`~ia,-C3o: ~•La~ao~a.~~ •~~Q ~~oE~,-o •~ '~ ~ o c ~ m >, c o ~ 3 c~'a ~ ~ ~ ca ~ ~ ~ ~ ~ °~ ~ ~ ~ ~ o ~ m aLi °' ~ L c~'a °c' .~ ~ .o O ~ ~ o m o a~ Q •- Q a~ > ~ > 3 ~ ~ o L ~ ~ E > ° > ~ o ~ O O N L O ~ ~~ L L L O y L L L L L O O Q O L ~ L O L Q O O L 00 L 'y- D_ C ~ ~ ,~O ~ ~ ~ Q> ~O ~O ~O ~ ~ L ~O ~O ~O ~O ~O ~ O ~ (LO (C6 ~.0 ~ ~O .~? ~O ~ ~ ~ ~O o m ->a o? o~ °o E coo o~ 0 0 0 ~ c`o ~ O O O O O o~ o~~ O~ O s O o~~ 0 j JQ~u.UHu-WLLm~mmm c~~ODOD~O[~[~2W DUI ~C~U' aoUoofA(gC7m r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z O Cf•) ~!) T M O O I~ O ti 00 O O O Ln O Cf~ O O O O O t!•) O~ M O O Cf~ 0 O) O N O O) O O ~ C[) N~ ~t M Cn d7 M N ao O O O O N O 00 0 0 0 0 0 0 Cn r 0 0 0 O O O COO ~ O ~ O O O In O N ti O 00 ~- T O O O O T~ T O O O O O Cf> O O H In O O O d7 0 N 0 0 0 ~ ~ N M N ~- T T M M ~ O In LC) N O O t1~ O lf') ~~ N M~ r- ~ V' In ~ CA CC) O Q N r N T T T N N N T d4d464d)EflEl3E~d4d464d469Eflf!?Ef?69EA C~?69EAff?Ef?Ef-?6F3~~~~C~C~H>d?t!?69d9d-? y .r C) ~ ~^ Q Q Q^^ f!1 W Q Q Q J J J Q Q Q Q^ Q Q Q Q^ Q Q Q Q fn Q W Q (~ ^ Q Q ~ X U~^ (n (n d~ U~ m (n J J J U U d (~ Cn V) U d (~ U^ fn U fn Q' U U~ C W Z U~~ ~ W a~~QQQ~~a~ ~~~~ ~~U~~3~ W ~~ ~ W U C9 tL tL ~ LL IL It LL lL LL LL Il LL LL ~ LL LL a O Q O W CD I~ O O O CD O M CO ~ I~ 00 N M O N ~_ T~ I~ 00 O O Cfl O O T O) 00 T M M O 00 O ~ O O O O O T O O OOi O O ~ N~ OOO O T ~~ CO 000 OMO O~ O~ 000 M O N O 00 T~ T ~ O' W O CO CO CO CD ' CO CO ~ CO CD M N ~ O ' (~ T N CO O ' O ~ In CO CO O) (fl ' CO CD ~ m 0 0 0 0 0 ~ O O O O O T 0 0 ~ N N O Q O O O O O T O ~ O O ~ ~ O `- O O O N N N N L ~ 1 1 1 1 ~ Z Z Z Z Z O a >- 0 0 0 0 0 C~ o 0 0 0 0 0 0 0 z 0 C~ 0 0 0 0 0 0 C~ 0 0 0 0 0 0 0 0 0 C~ o 0 F- a a~ a. ~ Q a a a~~ a a a U a Q a a a d d d Q~ a a a a a a a a Q a a ao ao ~ ao 0 0 0 0o ao ao ao o ao ~ au ao ao ao ao ao ao 0 0o ao ao ao ao ao o ~ ao 00 00000 000000000000000000000000000000000 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N O N N N N N N N N N N~ N N N N N N~ N N N N N N N N N~ N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ ~ LQ ~ ~ ~ ~ ~ ~ ~ ~ ~ D7 ~ ~ lid 00 O O O~ O O O O O T T T T T t- N N N N N In T Cn h f~ 00 00 00 00 O O T O) O a,,,,, ,,,TTTTTTT,TTrrr ,TrTrTTTT ,TT ~ T T T T T T T ~- N N N N N N N N ~ N N N N N N N N N N N N N N N N r N N T T T T T T T T T T r r' l"' [_' l"~ T [~ [~ r r T T T T T L O ~ L O - ~ ~ C ~ ~ ~ ~ ~ ~ N ~ ~ w ~ L Q L L a~ N• V U Q L y N 02S ~ (D N. V ~ O O O J C O f0 Z ~ ^ ~ ~ ~ ~ ~ ^ fn ~ ~ O O L V __ L ~ ~ m p2f •~ ~/~ ~ C ~ .L+ O L D (n i y ~> N ~ O O Q U N 7 N (6 •C p~ C -~ O Cn 4 U ~ C O ^ ~ Q N O C L.L ~ ~ ~ Q uJ ~ ~ ~ .L ~ ~ Y ~ 30 ~ U } = o2S V w o .o ~ T o '~ `~ E .3 m v a~ o ~ cv a O L w c`a C m ~ a°~i a~ ~ D C~ o o~ = a~ a m p o ~: L cn (D Y ~ N a> Z C ~ >, ~~ .L ^ ~° ~ N 3 N c X Y w W ~ p ~, ~ L a~ ~~ _o m °" °~ o~ °~ ~ •~ a, ~ Q ~ ~ ~ a~i c aoi o a X a ~ ~ ~ U o .L m °' .~ ii o ~ ~ o O Y p 7 <n U O '~ .C ~' (6 °~ C O (~0 T~ N O C O~ O .~ O (0 C E O~~ O ca O~ m~Uli ~~ZW~UYQ Wli~~f-UU~~N~c~cnm~QmC~~HU^~~ 19E-8 ao U ~ U (0 C U `- O ~ O C U O O U A 'O O- Z ~ O ~ O_ ~"' O C ~ U ~ i `~ ~ •~ O O ~ d c a~ c p > m v c O ,c •c N V p ~ L w ~o ~° m _o _o v cn O ~ w - ~ cn o Q a> 3 `-° v _~ ~ w E~ ~ o -p ° Q v v v Q v°i W >+ ~ C "06 N ~ N ~ N y N L C~ O_ N "d 'd O L ~ O ~ L L O E U~ ~~~ N ~ (O y 'B ~~ N~ O ~ o ~ ° ~ L v y ~ m ~ ~ °- ~ •N ~ w ~ 3 rn w ~ ~~ •~ ~ o iu N ~ 7 O O O O~ Q O fA 7 Y ~• O L O N E V O- ~ O) E O O N O L O Q- N : ~ °' E ~ ° cn •c L "O o D :o ~ :a L •c m ~ ~ . _a E ~ N Q ~ -p ~ c N O L Y p p~ 3 co ~ N O> c p p o c~ p c c c p ~ v~° c m g c L o c v L- a> > c L i p cn m (6 0~- -p a •- ~ L fn fn -p -- U `' ~~ C L N~ L .C L L~ N O C L N N O L L L 3 L O O O N > m O O L O U .~? N ~ (") y .y 7 .~ ~ .~ ~ ~ ~ N ~ (B (a N ~O ~O "O N ~O N :o ~ c° •o U ~ ~ ~' L ~ •c U aci o m •° cca U m ~ ~ ~ U ~ ~ ~ U U U ~ U ~ c~ > a~ a~ O> o o p ~ O m o n. m a O~ o c ° ca O p p o O O O L O° N wcn~mmw~=>I-Om~mcn>cgmc~~Q52m ~Sc~mmmt7~m5 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F. o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z O O tf) O O M O O T a0 O O O N ~-- N O O Cn r- O O 00 O O O M O 0 0~ 0 0 O T O rt O O .-- M~ t!') CD M O B CA ~-- M O O t~ N O S (fl O O O~ O O O M ~ O ~ O 0 0) ~ O O r~ CO ~ O CA O lf•) O r 0 0 0 N Lf~ CO M N 0 0 0 O O O O ti l(7 O \O ~ ~ ~ ~ ~ ~ N M N ~ N ~ ~ tf> f~ N ~ ~ lf) ~ ~ ~ N r M O Q N N r N N T N N r Efl Ef? ER (~ ER ER ER 69 69 69 64 Ef3 EA Efl ER Efl d4 b9 Efl 69 Ef? 6R ER ER Efl E!) ER ER ER 6F? EA ER fA ~ ._ U~ } Q Q> (n (n J > Q> > Q> Q Q 0 _m Q m m m m m Q m Q ~ D ~ J Q Q (n p J J Q W W N L Z a> e2S ~ Q> > V (!) d J~ J J J J J~ J~ a d d J (n (n U d. -~ J (~ ~_ ~_ C W d dd ~ ~ ~ ~ Q~~02S Qa~LLLl. O W ~ d. LL LL LL LL LL LL ~ LL U C7 ~ d o a N~ r N 00 ~ M 00 O c7' I~ T O I~ N M O N ~ do a0 O N O M O d' O T C 1~ l1~ ~ ~ N N M O 00 ~~ M N In M O I~ O O O O O O r ~~ 00 ti~ N Q) Cn f~ Lf~ CA 00 O T T T T ti r T T T T T~ r T T T r~ r T r f~ T In O O T O O O T O `cY ~ W CO CO CO ~ T Cfl CO CO CO CO (O In Cp CO CO C4 Cfl In CD O O <Y' CO r ~ ~ CO 00 In ~ CO CO N ~ o~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ti d• o N N o 0 0 C T T r O T T r T r r T T T T r T r r \"~ T T T Q O T r T T L i ~ N ~ Z Z co d a } 0 0 0 C~ O O O O O O O O O O O O O O O O O z O O z z O 0 0 0 0 0 z f-aa~Qadaaa.~aaaan.aaa.~aaUaaUUa~a.~aaU ao o ao ao 0o ao ao ao ao 00 00 00 00 0o ao 00 00 0o ao 00 00 0o ao 00 00 00 0o ao 00 0o co ao 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H ~ ~ ~ O ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q O O O r O N N N N M ~t d' ~~~ '7 d' ~ V' V 0 0 0 0 0 0 .- T T .- T T T r ~- T~ T N N N N N N N N N N N N N N N N M M M M M M M M M M M M D ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N T N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r t"' T r T l"• T T r r r T T r r T T T T T r l"~ T r T [~ T r l"~ T T r Q. ° ~ U 0 W ~ ~ cn L O ~ c °- ~c ~ ~n N L Q C C N (p C O- O L Q Q > O y (0 L O O_ U O >~ O C O Z ~ ~ `- ~' U ~ c U ~ ~ • p U a U U ~ ai ~ ° L p otS "~ ~~ U d •° O ~~ fl- y o i Q (0 0 0 0 ~ ° ~ ~ c c >~ N ~ in ~ c a ~ ~ O v N ~ a`~ p m ~ ~' ~ `O ~ ~ ~ ~ U U ~~ T ~ U a> d U E O N fn O~~ (6 ~~ '~ N O C U Q" ~ Cn O~ (n O 'O '6 a c 3 m o o~ N ccv ~~ a~ ~~ L~ o~ m X o~° a~ cn ~ E U ~ ~ 3 a~ a~ c~ p01-L o_L+~~ °m cLo a~ O cLa ° m ~ ~ °c'`~ wt off..-~~~ J ~ (n ~ ~ Q U J ~ d C~ C7 C~ C~ J ~ ~ ~ ~ j ~ U ~ O ~ ~ Q ~ d (n (n N N 19E-9 19E-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2,2009 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING LIBRARY SERVICES AND TECHNOLOGY ACT PUBLIC LIBRARY STAFF EDUCATION FUNDS ,-, t 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 Approve an appropriation adjustment accepting Federal Library Services and Technology Act funds for the Public Library Staff Education Program of $2,634 in revenue account (account no. 154-01-5361) and appropriate the funds to expenditure accounts (account nos. 154-215-6221) to provide reimbursement for library staff. DISCUSSION The Library Services and Technology Act of 1996 created the Public Library Staff Education Program to provide tuition reimbursement for library employees who are enrolled in a library science degree or certificate program. Santa Ana Public Library has participated in the Public Library Staff Education Program since its inception and has been awarded funding for this year to reimburse one staff member currently enrolled in Masters in Library Science programs for costs related to that education. FISCAL IMPACT The appropriation adjustment will enhance the library services revenue account (account no. 154-01-5361) and the expenditure appropriation for the Public Library Staff Education Program training and transportation and indirect cost (account no. 154-215-6221). APPROVED AS TO FUNDS AND ACCOUNTS: r ,~~ f,,.. r!,! ~ ~ Rob/~ti~'hard Executive Director Library Francisco utierrez Executive Director ~jl Finance & Management Services Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2008/09 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND .. _ I~(~ CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"`' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing the FY 2008/09 Supplemental Law Enforcement Services Fund in the amount of $563,152 into the revenue account (no. 128-O1-5374) and appropriate same into the expenditure accounts (nos. 128-355-various). DISCUSSION The State of California provides grant funding to state law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). This program 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. Based on Santa Ana's estimated population figures for 2008, the Police Department has received a FY 2008/09 SLESF award of $563,152. This is the thirteenth year the Police Department has received funding from the State of California through this program. On January 7, 2008, Council approved the proposed expenditure plan for the FY 2007/08 SLESF. The Police Department proposes to utilize this funding to purchase equipment and supplies for front-line crime reduction efforts. The remaining funds will be used for enforcement activities including gang suppression, cruiser enforcement, and career criminal apprehension. 20B-1 SLESF February 2, 2009 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase revenues in the SLESF FY 2008/09 Year 13 revenue account (no. 128-01-5374) by $563,152 and increase the same into the expenditure accounts (no. 128-355-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: APPROPRIATION ADJUSTMENT FOR FLOWER STREET BIKE TRAIL EXTENSION (PROJECT NO. 08-6029-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 Approve an appropriation adjustment recognizing $75,000 in the District 3 Acquisition and Development fund revenue account (no. 313-01-5070) and appropriate the same to the District 3 Acquisition and Development Fund expenditure account (no. 313-232-6631) for the Flower Street Bike Trail Extension Project. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $1 million Bicycle Transportation Account grant from the State of California Department of Transportation for the design and construction of the Flower Street Bike Trail. The project, which will extend the existing trail by 10 feet, includes landscape and irrigation improvements, barrier fencing, and a trailhead plaza. The project will provide a much-needed gap closure between the Alton Street Bike Trail and the Sunflower Avenue Bike Trail, thus linking the Golden Loop Bike Trail System which encircles Santa Ana with the City of Costa Mesa's bike trail system. An additional $150,000 required to complete the project will be made available through the generous contribution of $75,000 from the Sandpointe Neighborhood Association and $75,000 in the City's Park Acquisition and Development Fund. 20C-1 Agreement and Appropriation Adjustments for the Flower Street Bike Trail Extension Project February 2, 2009 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the District 3 Acquisition and Development Fund revenue account (no. 313-O1-5070) and the expenditure account (no. 313-232-6631) by $75,000. APPROVED AS TO FUNDS AND ACCOUNT: Z~`-~~~~ Gerardo Mouet, Executive Direct r Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency 20C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 2, 2009 TITLE: CONTRACT RENEWAL FOR MISCELLANEOUS CONSTRUCTION MATERIALS (SPEC. NO. 05-072) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on lst Reading ^ Ordinance on 2''d Reading ^ Implementing Resolution ^ Set Public Hearing For_ -~ ~Z CI MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Renew the contract with The Home Depot for the purchase of miscellaneous construction materials for a one-year period in an annual amount not to exceed $95,000. DISCUSSION The City maintains in excess of 50 buildings, including City Hall, the Corporate Yard, the Police Administration and Holding Facility, fire stations, recreation and senior centers, libraries, and park facilities. Blanket Order Lists consisting of vendors that provide supplies and services required by agencies on a consistent basis are established annually. Home Depot provides construction materials such as lumber, electrical and plumbing supplies, hardware, and fixtures that are used extensively in the maintenance of City facilities. The contract will ensure that all necessary materials are available when required. Although, most of the purchases made against this blanket order are in increments of $500 or less, larger projects in the past two years include supplies for the Police Department training course, After School Adventures program at the E1 Salvador Center and for the Catalina camp-out for youth. On July 18, 2005, the City Council awarded a contract to The Home Depot, a Santa Ana vendor, for a one-year period, with provision for four one-year renewals. The Home Depot has performed satisfactorily during the past contract period, and staff recommends the third renewal of the contract. 22A-1 Contract Renewal for Construction Materials February 2, 2009 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency FG/WO/05-072R3.2: 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: CONTRACT RENEWALS FOR ROCK, SAND AND AGGREGATE BASE MATERIALS (SPEC. NO. 06-190) 9 ~'- ./ -- 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 contracts for rock, sand and aggregate base materials for a one- year period, in the following annual amounts: Vendor: Location: Amount: So Cal Sandbags, Inc. Corona $35,000 West Coast Sand & Gravel Buena Park $55,000 DISCUSSION The Public works Agency's Water Resources Division provides maintenance and repairs on the City's 450-mile water system. In performing duties for general replacement and emergency water main repairs, the agency requires an assortment of road materials. Rock, sand and aggregate base materials are used as backfill when repairing asphalted surfaces. The contract for rock, sand and aggregate base materials is designed to provide quality products at significant savings based on quantity pricing. To help ensure that all necessary items are available when required, the City Council awarded contracts to both So Cal Sandbags, Inc., and West Coast Sand & Gravel for a one-year period, with provision for four one- year renewals on February 20, 2007. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the second renewal of the contracts. Annual amounts are based upon past usage and staff's projection for the next year. 22B-1 Contract Renewals for Rock, Sand and Aggregate Base Materials February 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Services and the Water Systems Maintenance Operating Materials & Supplies accounts (nos. 56-575-6391 and 64-575-6391). APPROVED AS TO FUNDS AND ACCOUNTS: / / ~/J r James~G. oss r,lFrancisco Gutierrez Execu~tiv Director Executive Director Public orks Agency Finance & Mgmt. Services Agency JGR/WO/06-190.R.9: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: CONTRACT RENEWAL FOR DIESEL FUEL (SPEC. NO. 08-004) vk-`z CITY ANAGER 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 contract with SC Fuels for the purchase of diesel fuel and petroleum products for a one-year period in an annual amount not to exceed $325,000. DISCUSSION The Fleet Division of the Finance and Management Services Agency provides diesel fuel at the City's Corporate Yard for all City diesel-operated vehicles. In addition to the underground fuel storage tanks at the Corporate Yard, tanks are located at the Police facility, and Fire Stations No. 1, 4, 5 and 6. The City has established a program to move its fleet to alternative fuels, where applicable. Additionally, the South Coast Air Quality Management District (AQMD) Ruling 1186.1 and 1196 requires the City to move from diesel engine vehicles to gasoline or alternative-fuel engines in the heavy-duty category. The 11 street sweepers are all CNG units. However, the City's fleet still consists of diesel-powered vehicles, including fire engines and diesel powered back-up generators for emergency operations. On February 4, 2008, the City Council awarded a contract to SC Fuels, for a one-year period with provision for four one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract at the same rate structure. In the last year, the City experienced a 67 percent gyration in the cost of diesel in the volatile fuel market, currently paying the same cost as in early 2008. However, the City's consumption has decreased by 1.85 percent, enabling the cost of the renewal to remain at the same level as the prior year, $325,000. Staff recommends the first renewal of the contract. 22C-1 Contract Renewal for Diesel Fuel February 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation Gas & Diesel account (no. 75-111-6382). -~cFrancisco Gutierrez 'T Executive Director Finance and Management Services Agency FG/KM/08-004R 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: CONTRACT AMENDMENT FOR INMATE PERSONAL CARE ITEMS (SPEC. NO. 08-045) i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with Comade, Inc. for inmate personal care items, by $15,000 for an annual amount not to exceed $40,000. DISCUSSION The City of Santa Ana maintains a 480-bed holding facility, which houses inmates during the arraignment and hearing process. Personal care items such as bar soap, toothbrushes, toothpaste, and shampoo are provided to inmates for maintenance of personal hygiene. The Santa Ana holding facility has been operating at full capacity over the past six months, resulting in an increase in demand for personal care items. Staff requests approval to increase the aggregate limit for Comade, Inc. to provide uninterrupted purchases of personal care items. FISCAL IMPACT Funds are available in the Police Detention Services account (no. 11-343- 6391) . ~~ a ~.>- Paul M. Walters Chief of Police PMW/SP/08-045 APPROVED AS TO FUNDS AND ACCOUNTS: ~~ r ~ Francisco Gutierrez ~~' Executive Director Finance & Mgmt. Services Agency 22D-1 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: February 2, 2009 TITLE: CONTRACT AWARD FOR MOBILE DATA COMPUTERS (SPEC. N0. 08-079) CITY 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 Award a contract to GETAC, Inc. for mobile data computers in the amount of $219,975. DISCUSSION In 2005, mobile data computers were installed in Fire vehicles to provide wireless connectivity to computer aided dispatch, the records management system, and the geographic information system. The computers in the vehicles have exceeded their useful life and are costly to repair. Updating the mobile data network ensures continued connectivity to computer systems at the Fire Department. The notice inviting bids was advertised on December 18, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 2 Invitations For Bid mailed 3 Bids received Bids were received and opened on January 13, 2009, and evaluated (Exhibit 1). The bid from GETAC, Inc. is responsive to the specification and meets the City's requirements. 22E-1 Contract Award for Mobile Data Computers February 2, 2009 Page 2 FISCAL IMPACT Funds are available in the PC Strategic Plan Fund account (no. 110-179- 6641) . APPROVED AS TO FUNDS AND ACCOUNTS: n P _ f Marc Martin w ~~'rancisco Gutierrez Fire Chief Executive Director Finance & Mgmt. Services Agency FG/EG/08-079 22E-2 CITY OF SANTA ANA PURCHASING DIVISION ABSTRACT OF BIDS GETAC 6300- SUPER, MOBILE NOTEBOOK (SPEC. N0.08.079) Bidder Getac, Inc. DuraTech USA *CDCE Location LakeForest, CA Terms Net 30 Delivery 45 days Total $219,970.07 GardenGrove, CA Net 30 45 days $238,760.27 YorbaLinda, CA $226,489.50 alternate 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 2, 2009 TITLE: CONTRACT AWARD FOR SCREEN PRINTED ARTICLES, PROMOTIONAL ITEMS AND SERVICE AWARDS (SPEC.N0.09-005) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ C TY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to McVicker and Associates for screen printed articles, promotional items, and service awards for a one-year period in the annual amount not to exceed $55,000. DISCUSSION Screen Printed articles, awards and promotional items are purchased for a variety of City-sponsored activities. The Parks, Recreation, and Community Services Agency (PRCSA) orders screen-printed articles for sports and youth guidance programs, including youth basketball and youth commission. Promotional items and service awards are needed for the PRCSA Volunteer Program, the City's commuter program, and the Personnel Services Agency service awards. The City contracts with approximately six vendors items and all orders are assigned on a per-job bidding. McVicker and Associates typically is bidder, therefore, it is not anticipated that the exceed the $25,000 annual aggregate limit and approval of the contract. to provide promotional basis after competitive the lowest responsive other five vendors will require City Council 22F-1 Contract Award for Promotional Items February 2, 2009 FISCAL IMPACT Funds available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~~~F'rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: CONTRACT AWARD FOR CONSTRUCTION OF SANTIAGO FARR TRAILHEAD (PROJECT NO. 07-6008) 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. Award a contract to HYM Engineering, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $110,715 for the Santiago Park Trailhead. 2. Approve a Funding Analysis with a total estimated construction cost of $163,023. DISCUSSION The Santiago Trailhead is the main entrance to the Santiago Nature Reserve Trail and the new Wildlife and Watershed Center (Exhibit 1). This project will clarify the entrance to the Park and provide a transition between the parking lot, baseball field and the Wildlife Habitat. The project provides for installation of low retaining walls, landscaping, irrigation, signage, and interpretive graphics to the main entrance to the Santiago Nature Reserve Trail. In addition, damaged sidewalk and parking lot pavement next to the trailhead entrance will be improved. Once completed, these improvements will enhance the surface drainage, safety, and visual appearance of Santiago Park. The Notice Inviting Bids was advertised on November 24 and 26, 2008, and bids were opened on December 17, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 19 Contractors requesting bidding documents: 19 Bids received: 12 Bids received from Santa Ana Contractors: 1 23A-1 Contract Award for Santiago Park Trailhead February 2, 2009 Page 2 NAME OF BIDDER rrTv BID AMOUNT 1. HYM Engineering, Inc. 2. B&T Works, Inc. 3. Mega Way Enterprises 4. Unique Performance Construction 5. Green Giant Landscape, Inc. 6. Hondo Company 7. Elite Construction 8. Atlas-Allied, Inc. 9. Two Horse Construction, Inc. lO.Haitbrink Asphalt Paving, Inc. 11.Beador Construction Company, Inc. 12.Belaire-West Landscape, Inc. Bellflower Wildomar Pomona Costa Mesa La Habra Santa Ana Long Beach Anaheim La Puente Corona Corona Buena Park $110,715.00 $127,105.00 $130,109.00 $131,875.00 $139,075.00 $146,795.00 $148,883.45 $150,965.00 $151,950.00 $153,138.75 $159,300.00 $160,190.00 A total of twelve bids were received and all were responsive. The lowest bid was submitted by HYM Engineering, Inc. for $110,715, which is below the Engineer's estimate of $118,875. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Categorical Exemption ER No. 2005-177 has been approved and filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $163,023 for the project (Exhibit 2). Funds are available in the Habitat Conservation Grant Fund (account no.169-268-6631) and the Acquisition and Development District 2 Fund (account no. 312-232-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Gerardo Mouet Executive Direct r Parks, Recreatio and Community Services Agency K:\Construction\RFCA-draft\O1-OS-OS Santi~~ ~r e~08-6018-C ET.docx 40 wd i ~~ i i~ IN _~ _ __ TOWN AND COUNTRY RD Iw ~ ~ ~--- -- ~Q ~ l~ ~, ~~ ~, z cn P Q ~ ~ a ~ ~y ~'~~ ~M~NSEN ~ TRAILHEAD ~~~~ c~ ~~ R° v ~ o J~N~ ~- c~ z a ~- CREEK a a Go N~~P PARK LN SP VIRGINIA AV V~GINIA N 2 ~n m EXHIBIT 1 GROVEMONT ST a I- z O Y Q O SANTA ANA CITY COUNCIL Titl@~ P ~A' /~ AGENDA CONTRACT AWARD FOR YV H SANTIAGO CREEK TRAILHEAD DATE: ~~~+~ FEBRUARY 2, 2009 _ _ (PROJECT NO. 07-6008) a0 w ~ ~ ~ ~ ~ (n N N Q ~ 2 Q Q cn U U ~ o C' Z Z ~ W W Q ~ J N _ F- L.~ Q Z Z ~ Q O N ~ Q Z ~ O Q ~ ~ U Z ~ o a ~ J ~_ Q I.i s ~~~ ~~~ ~Q z ~ 0 ~_ a ,I ~I AV ~~ ~N ~ o I~ 0 ~~ z ~ z J I ~ O ~ U m ~I i FUNDING ANALYSIS PROJECT 07-6008 SANTIAGO PARK TRAILHEAD Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $110,715 $4,513 $7,700 $4,300 35,795 5163,023 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: CONTRACT AWARD FOR SANTIAGO PARR NATURE RESERVE AMPHITHEATER AND RIPARIAN HABITAT RESTORATION (PROJECT NpS. 08-6010 AND 06-6411) { -- / ~'''~` CITY MAN GER 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 1. Award a contract to Hondo Company, Inc., the lowest responsible bidder, in accordance with lump sum prices for the base bid plus add alternate one in the estimated amount of $368,378 for construction of the Santiago Nature Reserve Amphitheater and Riparian Habitat Restoration. 2. Approve a Funding Analysis with a total estimated construction cost of $460,500. 3. Approve an appropriation adjustment recognizing $110,000 in District 2 Acquisition and Development Fund revenue (account no. 312-01-5812) and appropriate $110,000 to District 2 Acquisition and Development Fund expenditures (account no. 312-232-6631) for the Santiago Nature Reserve Amphitheater and Riparian Habitat Restoration Projects. DISCUSSION In 2005 and 2006, the City received a State Habitat Conservation Grant and a Land and Water Conservation Grant, respectively, for the Santiago Park Riparian Habitat Restoration and Nature Reserve Amphitheater (Exhibit 1). The Santiago Park Nature Reserve Amphitheater will provide a small amphitheater adjacent to the newly completed Interpretive Center to enhance the programming available in the park. The construction includes rock work for the seating and stage, lighting, handrails, and decomposed granite paths. The Santiago Park Riparian Habitat Restoration entails the installation of landscaping around the interpretive center. The improvements include landscaping irrigation, fencing and signage. 23B-1 Contract Award For Santiago Nature Reserve Amphitheater And Riparian Habitat Restoration February 2, 2009 Page 2 The Notice Inviting Bids was advertised on December 26 and 29, 2008, and bids were opened on January 15, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 21 Contractors requesting bidding documents: 26 Bids received: g Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY TOTAL BASE BID PLUS ADD ALTERNATE ONE 1. Hondo Company, Inc. Santa Ana $368,378.00 2. Mega Way Enterprises Pomona $384,000.00 3. Belair-West Landscape Buena Park $440,000.00 4. C. S. Legacy Constr. Chino $450,346.00 5. Green Giant Landscape La Habra $453,500.00 6. Micon Construction Placentia $454,812.50 7. TK Engineering Company Los Angeles $468,000.00 8. Faris Construction Co. Oceanside $597,000.00 A total of eight bids were received and all were responsive. The lowest base bid plus add alternate one was submitted by Hondo Company, Inc. for $368,378, which is above the Engineer's estimate of $315,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously approved Negative Declaration, ER No. 2002-06. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $460,500 for the projects (Exhibit 2). Funds are available in the Land and Water Conservation Fund (account no. 156-247-6631), the Residential Development District 2 - A&D Fund (account no. 312-232-6631), the Residential Development District 2 - In-Lieu Fund (account no. 312-233- 6631), the State Habitat Conservation Fund (account no. 169-268-6631), and the Wildlands Conservancy Fund (account no. 169-259-6631). The appropriation adjustment will enhance the Residential Development District 2 - A&D Fund revenue account (no. 312-O1-5812) and expenditure account (no. 312-232-6631) by $110,000. 23B-2 Contract Award For Santiago Nature Reserve Amphitheater And Riparian Habitat Restoration February 2, 2009 Page 3 ~U~ Jame s G . R s Executive Director e Public Works Agency '~%~c~f,~,~~ Gerardo Mouet Executive Dire or Parks, Recreation, and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\02-02-09 SantiagoReserve 08-6010 110 WD ET.docx 23B-3 ~ I I i i ' I I I ~ ~W . ~~ ~ ~ N.T.S I'^ L.~ ~•. ~ ~' ~ ~. I , ~ ,~• I ~ .~. ~• ~ .~• I .'• ~ ~ . ~'' ~ ~ . ~ SANTIAGO PARK _ ~_t '~~ ./. ~ CIT'( OF ORANGE .- ~ ~ ~ /' '. i' CffY ~ -- ~~~ __ b` CF" ,...., f ~~ / ~ C~ ~ . 4' ~, ~~ 'w~ P~ ~ ~ ~ `' ~ a ~ ~ V ~/, ~ ~ ,~ / ' ~ + / O~ ~ ~ / // '.,~ P ~/~ ~` / ~~ ~ ~, cam„" '~/ ~ ~ O ~ ~ ~ ~ ~~ ~ ~" ~• ~ " . ~, ~~. . ~ -_--~ ~ l ~.~~ ;~- Q ~ ~ - a PROJECT AREA SANTA ANA ^ CITY COUNCIL Tdle~ P^ ~^~ n ^ AGENDA DATE Y YuH FEBRUARY 2, 2009 Plg[ ~Olti MEM[1' EXHIBIT 1 ~~%"~-~;``~'~~~\ r r~ ~~ SANTIAGO PARK NATURE RESERVE AMPHITHEATER & RIPARIAN HABITAT ~-~-..~-,.,,,:.~ RESTORATION (PROJECTS 08-6010 & 06-6411) 23B-4 FUNDING ANALYSIS PROJECT NOS. 08-6010 AND 06-6411 SANTIAGO PARK NATURE RESERVE AMPITHEATER AND RIPARIAN HABITAT RESTORATION Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $368,378 $14,285 $23,000 $18,000 $36, 837 460,500 23B-5 23B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES, INC. FOR INMATE FOOD SERVICES CITY M NAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinanc;e on 15' Reading ^ Ordinance on 2"~ 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 Aramark Correctional Services, Inc. to provide inmate food services and catering service for various City events in an amount not to exceed $1,330,430 for a one-year term, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 16, 2007, Council approved an agreement with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. Aramark Correctional Services, Inc. also provides catering services for various City meetings and events. An agreement amendment was approved on February 4, 2008 for a second one-year term. Aramark Correctional Services, Inc. has performed satisfactorily during the past two years and staff recommends executing an amendment for an additional one-year term. Under the terms of the agreement, the per meal price will increase from $2.034 to $2.133, based on the California Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index. The amendment also includes catering services for various City departments. FISCAL IMPACT Funds are available in the Police Department's Jail Services fund for inmate food services account (no. 11-349-6291), and various departmental Operating Materials & Supplies accounts (object code 6391) for the catering services. Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 2 5A-Finance & Mgmt. Services Agency FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT made and entered into this 2°d day of February, 2009 by and between ARAMARK CORRECTIONAL SERVICES, LLC, a Delaware limited liability company, having its principle place of business located at the ARAMARK Tower, 1101 Market Street, Philadelphia, PA 19107 (hereinafter "ARAMARK"), 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 that certain Inmate Food Service Agreement A-2007- 015, dated January 16, 2007 (hereinafter "said Agreement"), by which ARAMARK provides food service for the Santa Ana City Jail Facility and towel service for the Police Facility gym/weight room. B. City and Aramark wish to amend the "Price per meal" in accordance with the terms of said Agreement and to increase the compensation to pay the increased per meal price during the term from February 1, 2009 through January 31, 2010. Additionally, the parties wish to terminate the gym towel services provided by Aramark. C. Aramark provides catering services for various City events throughout the year. The Parties desire to amend said Agreement to provide for such catering services on an as- requestedbasis. 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 Fourth Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: ARAMARK shall perform inmate meal preparation and operate the Code-7 Cafe, as those services are set forth in the CITY's Request for Proposals (RFP #06-151) and ARAMARK's Technical Proposal for Food Service Management dated November 1, 2006, collectively, as described in Exhibit A to said Agreement, and the details of which are on file at the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by reference to this Agreement. ARAMARK shall be responsible for: • All expenses specified in the Request for Proposal, including laundry, uniforms, insurance, long distance telephone, computer for ARAMARK's use, office supplies, postage, food products, taxes and licenses, employment advertising expenses, small wares replacements and maintenance of equipment. 25A-2 ARAMARK will provide the managerial and administrative expertise to operate the Food Service Program. ARAMARK will be responsible for all management functions including purchasing, accounting, employee supervision, technical assistance and planning. ARAMARK will own the food and supplies inventory. CITY shall be responsible for: • Providing adequate heat, light, ventilation and other utilities; • Local business telephone service; • Extermination services and removal of trash and garbage from the Facility trash removal containers; • General maintenance to the building structure, including gas, water, sewer, ventilation, lighting, air conditioning, refrigeration, duct work, floor coverings, wall and ceiling surfaces; • Provision of adequate preparation, storage, serving and holding equipment and utensils, including maintenance for same; • Security, control and limitation of inmate movement in, to and from the food service area, including physical security of employees, suppliers, and other authorized visitors. b. ARAMARK shall provide catering services for City meetings and events upon the written request of the City Manager or his designated representative. Each such catering request shall be in writing and shall describe the services to be provided and the compensation for those services. 2. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for its services: For each Prime Option inmate meal served pursuant to this Agreement from February 1, 2009 through January 3 1, 2010, a per meal cost of $2.133. Compensation for inmate food service and catering services provided by ARAMARK during the February 1, 2009 through January 31, 2010 term shall not exceed $1,330,430." b. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: 1. Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Cafe sales report. 25A-3 5. Catering service fees Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing services provided, subject to City accounting procedures. Payment shall be sent to: ARAMARK Correctional Services, LLC P.O. Box 406019 Atlanta, Georgia 30384-6019 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 Fourth 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: ARAMARK CORRECTIONAL SERVICES, LLC JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney (NAME) (Title) 3 2 5A-4 EXHIBIT A ARAMARK shall provide inmate food service for the Santa Ana Detention Facility as set forth in City's Request for Proposals #06-151, and ARAMARK's Proposal dated November 1, 2006. ARAMARK shall serve three meals to meet the nutritional standards including the American Correctional Association, National Commission on Correctional Health Care, Recommended Dietary Allowances, as set forth in Section 5 of ARAMARK's Proposal. ARAMARK may utilize the City's Detention Facility kitchen to prepare meals to be sold to other institutions. ARAMARK shall obtain the written approval of the Chief of Police prior to commencing meal preparation for any outside facility. ARAMARK will reimburse City $0.05 per meal sold to any such outside facility, as set forth in section S.Q. of ARAMARK's Proposal. ARAMARK will provide food service for the City's Code-7 Cafe located in the Santa Ana Police Department Administration Facility, with the objective of creating a high quality, inexpensive food service experience for the employees and potential visitors of the Police Department, as set forth in section 6 of ARAMARK's Proposal. ARAMARK will provide a Fresh Favorites program, allowing inmates of the Santa Ana Detention Facility to purchase a designated menu selection, a minimum of once per week. ARAMARK will fill the orders and deliver them to the inmates on the day(s) of the week agreed between ARAMARK and City. Payment for each individual Fresh Favorites order will be deducted from the individual inmate's account in the Inmate Welfare Fund. ARAMARK will remit to City atwenty-five percent (25%) commission on the total Fresh Favorites net sales each month. City will be responsible for deducting the cost of the Fresh Favorites meals from the inmate's accounts. The City shall permit ARAMARK to verify that any inmate ordering Fresh Favorites has sufficient funds in his account to cover the Fresh Favorites purchase. 25A-5 25A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: AGREEMENT WITH ICMA CONSULTING SERVICES FOR POLICE SERVICES WORKLOAD AND STAFFING DATA ANALYSIS C3~ ~ ~~----_._. CI 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement with ICMA Consulting Services for police services workload and staffing data analysis in an amount not to exceed $75,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION It is a best practice for public safety agencies to periodically analyze workload and staffing levels utilizing benchmarks such as calls for service, response times, and other factors critical to the provision of quality services to the community. The last workload and staffing analysis for the Santa Ana Police Department (SAPD) was conducted in June 2004. ICMA Consulting Services is a management consulting division of the International City/County Management Association (ICMA) which has specialized expertise in public safety service analysis, including assessments of calls for service, workload analysis and staffing requirements for police and fire departments. Under the terms of the agreement, ICMA Consulting Services will analyze data taken directly from the SAPD's Computer Aided Dispatch and Records Management Systems. The analysis will serve to document current patrol, specialized and detective unit workloads and performance levels including response times for different call priorities. Based on their analysis, ICMA will recommend any possible improvements to response time and proactive patrol efforts with better alignment of resources and workloads. 25B-1 AGREEMENT WITH ICMA CONSULTING SERVICES February 2, 2009 Page 2 FISCAL IMPACT Funds are available in the General Non-Departmental Fund (account no.11- 012-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Catherine Standiford Assistant City Manager City Manager's Office Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25B-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2"d day of February, 2009 by and between International City/County Management Association, a 501(c)(3) non-profit corporation (hereinafter "ICMA"), 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 consultant having special skill and knowledge in the field of public entity workload and staffing analysis. B. ICMA represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, ICMA represents that it is knowledgeable in its field and that any services performed by ICMA 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 ICMA shall conduct a workload and staffing analysis of the Santa Ana Police Department as set forth in ICMA Proposal dated December 16, 2008, attached hereto as Exhibit A and incorporated by reference. 2. WARRANTIES -OWNERSHIP -WORK FOR HIRE ICMA warrants and represents that it has the absolute right to enter into and perform this letter agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. ICMA's contribution to the Project, including works to be produced by ICMA hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. ICMA's performance hereunder, including all suggestions, ideas or other contributions to the Project, and the resulting works, including without limitation videotape masters and all copies thereof, that result from the Project, shall be deemed "works made for hire" as defined in the United States Copyright Act, and Agency will be deemed, as to the creation of such work, the sole and exclusive author thereof. To the extent that any portion of the works from the Project is determined not to be a "work made for hire", then ICMA hereby assigns and transfers to Agency all worldwide right, title and interest in and to such work and shall execute any and all documents reasonably necessary to effect or evidence such assignment and transfer. 25B-3 3. COMPENSATION a. City agrees to pay, and ICMA agrees to accept as total payment for its services, a flat fee of $68,000.00, plus reimbursable costs including travel, lodging, transportation and meals. The Consultant will submit invoices for work performed and for reimbursable costs. The first two payment installments will be for $22,667.00, and one additional payment installment will be for $22,666.00. All payments installments will be made out to the International City/County Management Association. The first installment will be paid immediately upon contract execution. The second installment will be paid within 30 days upon submission of the data assessment report, and the third installment will be paid within 30 days upon submission of the final project deliverable. ICMA will work with the City to reduce travel costs to the greatest extent possible while meeting the expectations of the City. The total sum to be expended under this Agreement shall not exceed $75,000.00 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. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 13, below. If services are not completed by the termination date, the term maybe extended by a writing executed by the City Manager and City Attorney. 5. INDEPENDENT CONTRACTOR ICMA 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 ICMA performs the services which are the subject matter of this Agreement; however, the services to be provided by ICMA shall be provided in a manner consistent with all applicable standards and regulations governing such services. ICMA 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, ICMA shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: required. Due to the nature of services provided, commercial general liability insurance is not 25B-4 b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, ICMA, if ICMA 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, ICMA agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 7. INDEMNIFICATION ICMA agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 ICMA 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. 8. CONFIDENTIALITY If ICMA receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, ICMA 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 ICMA disclosed in a publicly available source; (c) is in rightful possession of the ICMA without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the ICMA without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE ICMA 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. 25B-5 10. 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: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6954 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 ICMA: Jeffrey Gould Director of Grants and Contracts Administration ICMA Consulting Services 777 North Capitol Street, Suite 500 Washington, DC 20002 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. 4 25B-6 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and ICMA, 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 ICMA. 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 ICMA 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of ICMA, ICMA 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 consultants retained by City. 13. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, ICMA shall be entitled to receive and the City shall pay ICMA compensation for all services performed by ICMA 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 ICMA 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 bylaw, and ICMA 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. 14. DISCRIMINATION ICMA 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. ICMA affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25B-7 15. 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. 16. PROFESSIONAL LICENSES ICMA 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. ICMA 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. 17. 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. 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: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager ICMA (NAME) (Title) Tax ID# 25B-8 EXHIBIT A SCOPE OF SERVICES ICMA Proposal dated 12/16/08 25B-9 Santa Ana, California Proposal for Police Services Workload and Staffing Data Analysis ~ ~: rat t, ,. _; r„ ~ ~. ~ E ,~ c s _ ~; ~d i r_ E s PUBLIC SAFETY SERVICES Submitted by: Public Safety Services ICMA Consulting Services International City/County Management Association 777 North Capitol Street, NE -Suite 500 Washington, DC 20002 25B-10 Helpinq Local Governments Achieve Measurable Results icnnn Leaders at the Core of Better Communities December 16, 2008 Catherine P. Standiford Assistant City Manager, City of Santa Ana City Manager's Office 20 Civic Center Plaza, 8th Floor Santa Ana, CA 92701 Dear Mrs. Standiford: The Public Safety Services team of ICMA Consulting Services is pleased to submit this proposal for a comprehensive analysis of police services and a workload analysis of data to the City of Santa Ana, California. As you know, ICMA has provided direct services to local governments nationwide for decades, which have helped to improve the quality of life for millions of residents in the United States and abroad. This proposal is specifically designed to provide your city with a thorough and unbiased solution to the questions facing your community regarding the delivery of police services. Because this issue will have a dramatic impact on your City and because one of our goals is to ensure that you have complete confidence in the outcome of our report, we have assembled what must be considered a premier team of subject matter experts with nationally recognized expertise in a wide range of public safety services related areas. Our entire project management staff has decades of experience supporting clients in the local government, state and private sectors as well. Because of the expertise that each of these persons bring, you can expect the highest qualify solution at a cost equal to approximately one half of a full time police officer's salary with benefits for one year or less. From an enterprise-wide perspective, we guarantee an honest-broker solution for your jurisdiction's challenge. I, along with my colleagues at ICMA, greatly appreciate this opportunity and would be pleased to address any comments you may have. You may contact me at 202.962.3585 or via email at agarnett@icma.org. Sincerely, "y'i~li~ A.T. Garnett Senior Manager, Marketing and Operations ICMA Consulting Services 25B-11 ICMA Background International City/County Management Association (ICMA) The International City/County Management Association (ICMA) is the premier local government leadership and management organization. Since 1914, ICMA's mission has been to create excellence in local governance by developing and fostering professional local government management worldwide. Toward this end, ICMA provides an information clearinghouse, technical assistance, and training and professional development to more than 9,100 chief appointed administrators, assistant administrators, and other individuals throughout the world. The organization's resources and services reach thousands of local, state, and federal government personnel, academics, private sector professionals, citizens, and other individuals with an interest in effective management at the local government level. ICMA's members represent the administrative center of professional municipal, county, and regional services that affect millions of urban and rural citizens on a daily basis and are responsible for the leadership that ensures strategic economic growth and management of public services and infrastructure planning, investment, and development. Every day, local government managers determine policy, programming, funding, and strategic decisions that impact the ability of local resources to deal with situations of all types, including the management and operations of public safety and legal departments. Local government managers serve as the "hub of the wheel," coordinating efforts and implementing strategies for maximum effectiveness and efficiency. ICMA Consulting Services The ICMA Consulting Services team helps communities solve critical problems by providing management consulting support to local governments. One of ICMA Consulting Services' expertise is public safety services, which encompasses the following areas and beyond: organizational development, leadership and ethics, training, assessments of calls for service workload, staffing requirements analysis, designing standards and hiring guidelines for police and fire chief recruitment, police/fire consolidation, community oriented policing, and city/county/regional mergers. The ICMA Public Safety Services team is led by Leonard Matarese, director of public safety services, ICMA Consulting Services. Leonard, along with a team of highly experienced, hand selected consultants support a number of public safety services projects for jurisdictions nationwide. Qualifications Among ICMA's many activities, it assists local governments through a variety of programs that focus on specific local government concerns including public safety and fire and police protection. ICMA's focus is on the management perspective in organizing and operating these areas. For this purpose, ICMA Consulting Services acts as an objective and trusted broker tapping into the knowledge of the association's membership base and combining expertise from other appropriate experts to offer innovative ideas, lessons learned, and leading practices to communities facing similar challenges. The program provides practical advice and resources that local government managers and staff need to improve services and service delivery in their communities. 25B-12 Project Staffing and Organization The ICMA Consulting Services team the Team) includes local government practitioners and subject matter authorities from across the country. The team will consist of a program director, senior operations manager, and several senior public safety consultants. Program Director Leonard Matarese, MPA, ICMA-CM, IPMA-CP, SPHR, Director of Public Safety Services ICMA Consulting Services Duties Mr. Matarese will serve as the team leader and on-site coordinator for the project. He will communicate with administrative staff and coordinate all on-site team efforts. He will also contribute to development of a community policing/problem solving strategy which will contribute to scheduling configuration recommendations. He is the individual to contact concerning questions about this proposal. See bio for Leonard Matarese in Appendix One. Senior Public Safety Consultants Kenneth R. Chelst, Ph.D., Chair of the Department of Industrial and Manufacturing Engineering of Wayne State University • Duties Dr. Chelst will serve as chief researcher, responsible for supervision of all data collection and analysis. See bio for Kenneth Chelst in Appendix One. Frank Straub, Ph.D., Commissioner of Public Safety, City of White Plains, New York Duties Dr. Straub will act as a subject matter expert regarding the analysis and use of patrol and community policing data to inform patrol staffing and hiring requirements. Additionally, Dr. Straub will make recommendations regarding performance goals and objectives, innovative means to achieve these goals, as well as methods for tracking accomplishments and insuring their accuracy. See bio for Frank Straub in Appendix One. James Gabbard, ICMA Senior Public Safety Consultant, City Manager of Vero Beach, Florida • Duties Mr. Gabbard will coordinate with any special units regarding aspects of the project involving criminal investigations, crime scene processing and internal affairs. See bio for James Gabbard in Appendix One. David Martin, Ph.D., Senior Researcher in the Center for Urban Studies, Wayne State University • Duties Dr. Martin will perform computer programming to support data collection, statistical analyses, geographical information systems (GIS) analyses and presentation of alternative allocation plans. See bio for David Martin in Appendix One. Dov Chelst, PhD, ICMA Senior Quantitative Analyst • Duties Dr. Dov Chelst will be the primary day-to-day liaison with the Police Department and Communications. He will assist in gathering~~_t~ ~d provide support for the weekly meetings. He will also be involved in direct observations of the communications and dispatch center. See bio for Dov Chelst in Appendix One. ICMA's Data Driven Approach ICMA understands that the city requires a data workload analysis study of police services for their large and complex department that includes 350 employees and various specialty units (e.g., traffic, K-9, etc.). The team for this project will utilize an approach unlike other consultants by drawing raw data from CAD systems to analyze the workload of the deployed staff, not officers per thousand or complaint number analysis. Utilizing the workload compilation from the raw data, a comparison is made using the day-to-day deployment in the agency and from that comparison, critical recommendations are created. Using the City of Santa Ana's data, ICMA can identify and provide various options that will address its needs, including the efficient scheduling and delivery of police services. ICMA would predict the policy, operations, and fiscal implications of each option. ICMA uses computer models to make these predictions with a high degree of accuracy. This approach also utilizes geocoded mapping to analyze the effectiveness of existing deployment patterns. The geocoded data is derived directly from the raw data imported from the CAD system. Project Understanding Based Upon Site Visit The Santa Ana Police Department is a well managed and well equipped law enforcement agency. Its facilities are modern and have sophisticated technology far beyond what many other police departments in cites of this size are afforded. The Computer Aided Dispatch (CAD) system and Records Management Systems (RMS) are some of the most advanced in the country, and the level of data inputs by technicians is well advanced for a city of this size. Even though the facilities are modern and well run, the city is facing significant challenges in staffing. Historically this department has operated with relatively low numbers of sworn personnel in relation to its workload and the size of the population it serves. As a result of previous city wide financial difficulties, the department has previously faced reductions in force. The City seeks to conduct a through analysis of workload and staffing to insure that personnel resources are being assigned in the most cost effective manner. Further it wishes to understand what the implications would be in any reduction of force that might occur. ICMA, using its data driven approach and operations research model, is uniquely qualified to provide this information to the City. Although ICMA routinely conducts operations analysis for client city police and fire departments, we do not feel that such a study is warranted for this progressive agency and thus have not included such a study as part of this proposal. Instead, we will bring to the table a clear understanding of appropriate deployment patters to take full advantage of the limited personnel resources that the deportment operates under. 25B-14 Patrol Force -Analysis of Data and Patrol Force Planning Background -Police Patrol Police departments utilize their patrol forces in two modes: reactively to respond to calls for service and proactively to address crime problems as well ongoing nuisance issues. (See Figure l .) Detectives provide another element of a primarily reactive force, seeking to solve crimes that have already been committed. Policies 8~ _._._._,_,_._._._._._._._._. ..Procedures Process Management Continuous Improveme ' Feedback Loop Data Driven Leverage Resources 1 Flexible and Creative Resource ;Math Model - Allocation Citizen Expectation Citizen Complaints Citizen Satisfaction Response Time Reduction ~ Targeted Crime Reduction Citizen Fear Community Deterioration Police Patrol: Reactive and Proactive Reactively -citizen initiated calls ^ High priority calls -citizens expect extremely rapid response ^ Moderate Priority calls -Best practice departments manage citizens' expectation by letting them know a realistic response time and then meeting or surpassing their expectation. If there is an unexpected further delay, the citizen is contacted with up- to-date information ^ Low priority calls -Best practice departments find creative strategies such as a telephone crime reporting so as to free up the patrol force for either rapid response to a high priority call or to continue with crime-directed activities ^ On-Scene handling: The manner in which a police officer handles himself or herself on-scene plays a critical role in developing or discouraging citizen support for the police department Rapid response to the highest priority calls can sometimes mean the difference between life and death but is unlikely to broadly influence the crime rate. Meeting or exceeding citizen expectations reduces the number of citizen complaints and increases community support for the police department. Community support is a critical element in developing a proactive crime directed patrol force. With accurate and timely data, a police department can reduce response time by adopting a philosophy of data driven continuous improvement that usually entails first finding the multiple root causes of slow response and then changing operating policies that contribute to the problem. They can also reduce response time by making data driven strategic decisions that better match patrol force levels with police patrol workloads. Proactively -Police initiated in cooperation with citizenry ^ Police departments use detailed crime data to develop both short-term targeted activities and long lasting strat~~ti~v~s ^ Police departments can use specially assigned units in conjunction with the in- between call time of the patrol force ^ Performance measures and accountability of management is a critical element of this strategy ^ Activities need to be tracked so as to determine their effectiveness and to continually evolve so as to respond to changing crime patterns Proposed Study 1. Document current police patrol performance and workload levels 2. Document current uniform specialized units 3. Document current Investigations unit 4. Establish a range of performance goals and objectives for the Police Department 5. Identify opportunities to improve on performance with existing resources 6. Estimate the manpower requirements and associated costs that would be needed to achieve city and police management specified performance objectives 5. Provide guidance on routine standard reports that should be used to track performance 6. Provide current map or organization 7. Provide recommendations for most effective usage of current workload 8. Provide insight on long term implications of reduction in force depending upon data analysis findings Current Performance We will analyze in-depth four weeks of summer data and four weeks of winter data and assess variations by time of day, day of week, season and district. The analysis will include all of the following: a) Patrol and specialized units deployment levels b) Average response time to different call priorities c) Proportion of calls in each category for which response times are unacceptably long. For example, we will determine the proportion of high priority calls that experience response times of longer than 10 minutes d) Document time periods during the week in which response times seem excessive e) Average and median time spent on calls with different priorities f) Proportion of calls with unusually long time spent on-scene g) Proportion of calls requiring more than one patrol unit h) Resources allocated to proactive patrol i) Resources consumed on non-value added activities Opportunities for Improvement To examine whether or not patrol resources are efficiently deployed over 24-7 time period, we will graph deployment levels against workloads by time of day, day of week, and by patrol areas. We will analyze and graph police response time by call priority level and shift to identify significant patterns/differences in police response. These response time analyses will also separate out and analyze the components of police response -- call queue time, travel time, and time on scene. Consequently, a series of trend charts, maps and data tables will describe police response time in detail and will provide the variables needed for developing a plan based on Operations Research methods. We will observe and meet with dispatch operations to determine the extent of best practices employed to efficiently dispatch patrol units. We will discuss and document the extent that the police patrol management is applying principles of performance based management and continuous improvement to efficiently utilize police resources. We will then employ Operations Research models of police patrol to determine how much response time and proactive patrol might be improved with better alignment of resources and workloads. 25B-16 Timeline Similar projects of this magnitude that ICMA has managed were completed from between 180 to 240 days. Any proposed dates to submit the data analysis and final police reports are contingent upon our receipt of the necessary data eight weeks prior. A key factor to the final delivery date is the quality and timing of the CAD data received from dispatch. The quality of the data and ability to transfer its information to ICMA in a timely manner impacts the final completion date because ICMA bases its conclusions on the raw, collected data of the agency and not solely on opinion of subject matter experts (SME's). Below is a typical project flowchart for ICMA Consulting Services projects. This flowchart gives you a visual understanding of the level of work involved in any project. As a result, we proposed that the data analysis report by May 17, 2009 and a final report by June 17, 2009. This schedule allows for a longer data collection process. Public Safety Services Project Flowchart 25B-17 Shane Kev Hatay 1 Reporting The Team Leader will report project status to the identified City contacts at specific identified intervals using an acceptable and agreed upon reporting template. Beyond this however, communication will be maintained and coordinated through the Team Leader with these contacts and other identified relevant personnel on a regular basis. Proposed Fees The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. Three payments shall be invoiced to the City: one at the beginning of the project period; the second after submission of the data assessment report and the third after submission of the final report upon acceptance. If some other arrangement is deemed more appropriate by the City, ICMA will work cooperatively for an agreement on the payment terms. ICMA agrees to conduct the project as described above for the sum of $68,000.00 exclusive of travel costs associated with the project. The first two installments shall be for $22,667.00. The final installment shall be for $22,666.00 and made out to the International City/County Management Association upon invoicing as according to the aforementioned payment schedule. ICMA agrees to work cooperatively with the client in order to reduce such costs to the greatest extent possible while still meeting the expectations of the City. Contract Administrator The individual who can make final decisions regarding the contract and has the authority to contract for ICMA is: Julie Pike Director, Grants 8~ Contract Administration International City/County Management Association (ICMA) 777 North Capitol Street, Suite 500 Washington, DC 20002 Primary Point of Contact The primary point of contact regarding this contract and that has the authority to speak with all involved parties for ICMA is: Akia Garnett Senior Manager, Marketing and Operations ICMA Consulting Services International City/County Management Association (ICMA) 777 North Capitol Street, Suite 500 Washington, DC 20002 Summary -Conclusion Part of ICMA's mission is to assist local governments in achieving excellence through information and assistance. Following this mission, ICMA Consulting Services acts as a trusted advisor, assisting local governments in an objective manner. In particular, ICMA's experience in dealing with public safety issues combined with its background in performance measurement, achievement of efficiencies, and genuine community engagement, makes ICMA a unique and beneficial partner in dealing with issues such as those being presented in this proposal. We look forward to working with you further. 25B-18 Appendix One Resumes of Project Team Leonard Matarese, Director of Public Safety Programs, ICMA Consulting Services Background Mr. Matarese is a specialist in public sector administration with particular expertise in public safety issues. He has 35 years experience as a law enforcement officer, police chief, public safety director, city manager, and major city Human Resources Commissioner. He was one of original advisory board members and trainer for the first NIJ/ICMA Community Oriented Policing Project, which has subsequently trained thousands of municipal practitioners on the techniques of the community policing philosophy over the past 15 years. He has conducted numerous studies of emergency services agencies with particular attention to matching staffing issues with calls for service workload, and is intimately familiar with the constraints on manpower deployment resulting from a 10 hour workday. Recognized as an innovator by his law enforcement colleagues, he served as the Chairman of the SE Quadrant, Florida, Blue Lighting Strike Force, a 71-agency, U.S. Customs Service anti-terrorist and narcotics task force, and as president of the Miami-Dade County Police Chief's Association. Mr. Matarese is currently a Steering Committee Member of the Department of Justice, Law Enforcement Leadership Initiative and a member of the Advisory Committee for the Department of Justice, COPS - "Linking Law Enforcement Internal Affairs Practices and Community Trust Building" project. He holds the Credentialed Manager designation from the ICMA, the Certified Professional designation from the International Public Management Association -Human Resources and the Senior Professional in Human Resources designation from the Society for Human Resource Management. Mr. Matarese holds a bachelor degree in Political Science from Rutgers University and a master's degree in Public Administration from Florida Atlantic University. Duties Mr. Matarese will serve as the team leader and on-site coordinator for the project. He will communicate with administrative staff and coordinate all on-site team efforts. He will also contribute to development of a community policing /problem solving strategy which will contribute to the ultimate scheduling configuration recommended. He is the individual to contact concerning questions about this proposal. Kenneth R. Chelst, PhD., ICMA Senior Consultant, Chair of the Department of Industrial and Manufacturing Engineering of Wayne State University Background Dr. Chelst is an expert in the application of advanced mathematical models for all emergency resources planning, especially police. He lead a demonstration project for the City of Detroit Police Department which cut response times by 40% using continuous improvement and data driven decision making. Over the past two decades he has studied several dozen emergency services operations using data driven techniques to determine the most efficient organizational structures to provide public safety services. He holds a Ph.D. degree in operations research from M.I.T. where his dissertation topic was Mathematical Models of Police Patrol Deployment. His research interests include operations research models applied to emergency services, structured decision making. He is a nationally recognized expert on the merger of police and fire services into a public safety department and on the relative performance of one versus two officer patrol units. 25B-19 Duties Dr. Chelst will serve as chief researcher, responsible for supervision of all data collection and analysis. David Martin, Ph.D., ICMA Senior Pubic Safety Consultant, Senior Researcher in the Center for Urban Studies, Wayne State University Background Dr. Martin specializes in public policy analysis and program evaluation. He has worked with several police departments to develop crime mapping and statistical analysis tools. In these projects he has developed automated crime analysis tools and real-time, dashboard-style performance indicator systems for police executive and command staff. Dr. Martin teaches statistics at Wayne State University. He is also the program evaluator for four Department of Justice Weed and Seed sites. Duties Dr. Martin will perform computer programming to support data collection, statistical analyses, geographical information systems (GIS) analyses and presentation of alternative allocation plans. Frank Straub, Ph.D., ICMA Senior Public Safety Consultant, Commissioner of Public Safety, City of White Plains, New York Background Frank Straub is an expert in data-driven performance management and an accomplished law enforcement executive. Dr. Straub has over 20 years of experience in law enforcement at the federal, state and local levels. He is currently the Commissioner for the Department of Public Safety in White Plains, New York. Prior to his current position, Dr. Straub served as the Deputy Commissioner of Training for the New York City Police Department and was responsible for all police and civilian training. Immediately following the 9/1 1 terrorist attacks. While working in the U.S. Department of Justice's Office of the Inspector General, Dr. Straub designed and led the implementation of SACS, an agency-wide performance management and accountability system. Duties Dr. Straub will act as a subject matter expert regarding the analysis and use of patrol and community policing data to inform patrol staffing and hiring requirements. Additionally, Dr. Straub will make recommendations regarding performance goals and objectives, innovative means to achieve these goals, as well as methods for tracking accomplishments and insuring their accuracy. James Gabbard, ICMA Senior Public Safety Consultant, City Manager of Vero Beach, Florida Background James M. Gabbard is the City Manager of Vero Beach, Florida, appointed in 2005. Prior to his appointment as City Manager he completed 37 years of law enforcement service in a series of increasingly responsible positions. Mr. Gabbard formerly served as the Police Chief of the Vero Beach Police Department. During his tenure as chief he served as interim city manager on several occasions. Prior to his service with Vero Beach he was a member of the West Palm Beach Police Department, serving in all divisions of the Department and in many assignments including Detective Lieutenant of Homicide. Upon his promotion to Captain he was placed in command of organized crime and organized drug crime investigations. He retired from West Palm Beach in 1986 to accept the chief'srpQs~_ir~yri~ro Beach. Mr. Gabbard has received numerous professional recognitions and was elected President of the Florida Police Chiefs Association, one of the largest organizations of senior police managers in the United States. He was cited for bravery by Governor Jeb Bush before a joint session of the Florida Legislature for his actions during several hurricanes which stuck Vero Beach. Duties Mr. Gabbard will coordinate the investigations aspects of the project including criminal investigations, crime scene processing and internal affairs investigations. Dov Chelst, Ph. D, ICMA Senior Background Dr. Chelst specializes in data and statistical analysis. He's taught the subject matter for nearly 10 years and has a Ph.D. in Mathematics from Rutgers University and a B.A. Summa Cum Laude in Mathematics and Physics from Yeshiva University. Duties Dr. Dov Chelst will be the primary day-to-day liaison with the Police Department and Communications. He will assist in gathering the data and provide support for the weekly meetings. He will also be involved in direct observations of the communications and dispatch center. 25B-21 25B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 2, 2009 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 08- 1700-C) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2id Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER R COMMENDED ACTION ~~~ uthorize the City Manager and Clerk of the Council to execute the attached acquisition agreements, subject to non-substantive changes approved by the City Manager and City Attorney, with the following: • Charles and Carol Jacobs and Mary Charm Kutch for the purchase of the property located at 1247 Santa Ana Blvd. in the amount of $893,765; and • Mary Jane Draganza as Trustee of the Draganza Family Trust for the purchase of 517 N. Bristol in the amount of $518,590. 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 Third Street to Civic Center Drive. 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, acquisition of the properties at 1247 and 517 N. Bristol are required (Exhibit 1). The purchase amounts are the appraised values prepared by an appraiser licensed in the State of California. 25C-1 Purchase Agreements For Bristol Street Corridor February 2, 2009 Page 2 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 Tmpact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). ` 1 James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: y~r Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25C-2 LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES MATCHLINE SEE BOTTOM RIGHT CIVIC CENTER DR i i i i i -i 7TH ST -- r-r- I i i -- L~-_l_-.1--•1-- -- I I I I I I I I ___ 6TH ST m~-~ i i i i i-- L--L--~-~--~--~ 5TH ST i i ~-- f--T-- -- I I I r--- SANTA ANA BLVD i i i i i ~---~----~---I--- i i 3RD ST -- ~-_-j l; i -----~~j -----~ it ~~ i i i I I I i -~--j---j----f---j l i i i i i WASHINGTON ST ~ ~ i i L L--I-- I --~- I 1---~- i i i i i 12TH ST -- - I I I I I i---~---~--i---~-- - ' I I I I I 11TH ST - - i i i i i i i i 10TH ST -- r-r-r i i i r. _ _I_ _ r _ _r..__r_ I j i l l 9TH ST -- - i i i i i i i ~---j--~--t--j i i i - i i i CIVIC CENTER DR - MATCHLINE SEE TOP LEFT ~,,Y ~ O ry EXHIBIT 1 ~°~- ~.~,~p ~>~ ~ .~ SANTA ANA CITY COUNCIL TITLE PURCHASE AGREEMENT FOR ~~ ~~- --~~' x P W A AGENDA DATE BRISTOL STREET CORRIDOR ~' FEBRUARY 2, 2009 (PROJECT 08-1700-C) PUBLIC WORkS ALENCV _ PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this day of , 2008, by and 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 referred to as the "City" or "Buyer"), and Charles and Carol Jacobs and Mary Charm Kutch (hereinafter called "Seller"), regardless of number or gender; WITNESSETH 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 (hereinafter referred to as "said real property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1247 Santa Ana Boulevard, 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. Convevance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, 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 15 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. 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 EIGHT HUNDRED NINETY THREE THOUSAND SEVEN HUNDRED SIXTY-FIVE AND NO/100 25C-4 Dollars ($893,765) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, 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 Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the C ity's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" 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 Agreement, 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 "B" of the General Provisions of this Agreement. 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), goodwill (if any), and severance damages, the total sum of EIGHT HUNDRED NINETY THREE THOUSAND SEVEN HUNDRED SIXTY-FIVE AND NO/100 Dollars ($893,765). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and 25C-5 after: (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 Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the 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 personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month/360-day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City 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. 10. Heirs. Assigns. Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. 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. 12. 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. 13. Just Compensation. 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), goodwill (if any), and severance damages 25C-6 14. Notices. 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: Charles and Carol Jacobs Mary Kutch 5995 Via Madrid Granite Bay, CA 95746 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their 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. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. 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 11 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. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) 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. S9601 et sec. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge 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 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 25C-7 agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No 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. 26. 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. 27. Duty To Cooperate 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 parry 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. 25C-8 28. 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. 29. 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date w ritten below. SELLER: Charles Jacobs Carol Jacobs Mary Charm Kutch CITY/BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Dated Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attomey BY: Jose Sandoval Chief Assistant City Attorney 25C-9 EXHIBIT "A" LEGAL DESCRIPTION Real Property in ~e City of Santa Ana, County of Grange, Stag of Ca1i#arna, described as follov~s: THAT PGRTIGN GF THE LAND ALLOTTED TO JULIAN CHAVEZ IN DECREE OF PARTITION GF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF IUDGE~ENTS OF THE 17TH .IUDICIAL DISTRICT Ct~URT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY GF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLGWS: BEGINNING GN T~iE NORTH LINE OF FOURTH STREET, $C} FEET WIDE, AT A POINT SOUTH 89~ 51' 25" EAST 47...85 FEET FROM TTS INTERSECTIGN WITH THE CENTER LINE GF BRISTOL STREET AS SAID LINES ARE SHOWN GN A h1AP OF TRACT NO.75 RECURRED IN BOOK it- PAGE 15 OF RIISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAiD COUNTY; Tl1ENCE NORTH ~° 52` 19" EAST 124.tt7 FEET TO A POINT UN THE SOUTH LINE OF THE LAND CONVEYED TO C,E. EAVERING BY DEED RECURRED OCTOBER 1, i~yTi, IN BUOK 129 PAGE 142 OF DEEDS, DISTANT ALONG SAID SOUTH LINE, SOUTH 89° 59' 2c~~ EAST 52 64 FEET FROr~ SAID CENTER LINE OF BRISTOL STREET; THENCE SOUTH 89° 59' 2tl" EAST 67.36 FEET TO THE WEST LIME OF TRACT NU. 75, RECORDED IN BOCK 11) PAGE 15 OF t~tISCELLANEUUS P1APS, IN THE OFFICE GF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH i ~4.IrS FEET ALONG SAID PARALLEL LINE TO THE SAID NORTH LINE OF FOURTH STREET; THENCE NORTH $9° 5i' 25" WEST 72.15 TG THE POINT OF BEGINNING. EXCEPTING THEREFRGt~I ALL CRUDE OIL, PETRULEUf~1, GAS, BREA, ASPHALTUt~1 AND ALL KINDRED SUBSTANCES AND OTHER. MINERALS UNDER AND IN SAID LAND BELOW A DEPTH C}F 5t1U FEET,1~lIT'HOUT THE RIGHT OF SURFACE ENTRY, APN: t~t~$~t-$2-29 7 25C-10 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. 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 date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of 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. You are 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 you 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 affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right 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 you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in thi s 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 sam a instruction. 25C-11 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER USE GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,P. R/W MAP PROTECT TAXES FORM BY ATTY. DII2ECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER. NUMBER x 008-082-29 08-1700-C 1247 Santa Ana Blvd., Santa Ana, CA (Address /Approximate Location) DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Charles and Carol Jacobs and Mary Charm Kutch Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, fee simple title to the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; For: Charles and Carol Jacobs and Mary Charm Kutch Dated STATE OF CALIFORNIA COUNTY OF On Charles Jacobs Carol Jacobs } ss. before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signatures) on the instrument the person(s) or the entity upon be- half ofwhich the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Mary Charm Kutch (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 25C-12 EXHIBIT "A" LEGAL DESCRIPTION Real pr+~j3e;tY in t1~~ City of Sa~~~ Aria, County of Orange, State ~f Califc~tt~i~3, d~rib~d as fr3lio~s, THAT Pt~RTiON OF THE LAND ALL®TTED TO .IULIAN CHAVEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF .IUDGEt~ElENTS ClF THE ?TH 3UDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBEa AS FOLLOWS. BEGINNING ON THE !NORTH LINE Of FOURTH STREET, 3Ci FEET WIDE, AT A POINT SOUTH 59~ 51` 25" EAST ~?.5 FEEL' FROh9 ITS INTERSECTION VitITH THE CENTER LINE OF BRISTOL STREET AS SAID LINES ARE SHOWN C}N A t~1AP OF TRACT NO. ?5 RECORDED IN BOOK 1t1 PAGE 15 OF MISCELLANEOUS E~IAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 2° 52' 1~3" EAST 14.t-? FEET TO A POINT ON THE SOUTH LINE OF THE LAND CONVEYED TO C.E. LAYERING BY DEED RECORDED {OCTOBER 19,19t~6, iN BOOK 129 PAGE 142 OF DEEDS, DISTANT ALONG SAID SOUTH LIME, SOUTH B~° 59" 2t~" EAST 52 64 FEET FROh1 SAID CENTER LIFE OF BRISTOL STREET, THENCE SOUTH $9° 59' 2t)" EAST 7.3b FEET` TO THE WEST LINE OF TRACT A1t}. 75, RECORDED iN BOOK 1t1 PAGE 15 OF hIIELLANEOS F~tAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SQUTH 1.24,()5 FEET ALONG SAID PARALLEL LINE TO THE SAID NORTH LINE OF FOURTH S'CREfT{ THENCE NORTH 89° 51' 25" WEST 72.15 TO THE POIt~'T OF BEGINNING. EXCEPTING THEREFROI~I ALL CRUDE OiL, PETROLEUP~, GAS, BREA, ASPHALTU1 AND ALL KINDRED SUBSTANCES AND OTHER t~INERAIS UNDER AND iN SAIi~ LAND BELOW A OEP`1'N OF 5~tt~ FEET, IITFlOUT THE RIGHT OF SURFACE ENTRY. APN, i~c~8-tj82-29 ro 25C-13 PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2008, by and 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 referred to as the "City" or "Buyer"), and Mary Jane Draganza As Trustee Of The Draganza Exempt Election Trust Established May 12, 1986, and Mary Jane Draganza As Trustee Of The Draganza Family Non-Exempt Election Trust Established May 12, 1986 (hereinafter called "Seller"), regardless of number or gender; WITNESSETH 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 (hereinafter referred to as "said real property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 517 N. Bristol, 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 Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, 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 15 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. 25C-14 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 FIVE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED NINETY AND NO/100 Dollars ($518,590) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, 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 Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the C ity's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" 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 Agreement, 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 "B" of the General Provisions of this Agreement. 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. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept 25C-15 from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of FIVE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED NINETY AND NO/100 Dollars ($518,590). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (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 Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month/360-day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City 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. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. 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. 12. 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. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & 25C-16 equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 14. Notices. 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: Mary Jane Draganza 395 Santa Isabel Ave. Newport Beach, CA 92660 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their 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. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. 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 11 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. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec.. (42 U.S.C. S6903) 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. S9601 et sec . (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge 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 Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and 25C-17 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. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No 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. 26. 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. 27. Duty To Cooperate Further. Each parry hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to 25C-18 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. 28. 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. 29. 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date w ritten below. FOR: The Draganza Exempt Election Trust Established May 12, 1986 Mary Jane Draganza, Trustee FOR: The Draganza Non-Exempt Election Trust Established May 12, 1986 Mary Jane Draganza, Trustee 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: 6 Jose Sandoval Chief Assistant City Attorney Dated 25C-19 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: THE WEST 85.35 FEET OF LOT 24 OF TRACT NO. 474 OF COCHENS WEST 6T" STREET ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 17, PAGE 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA. APN: 008-081-28 25C-20 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. 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 date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of 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. You are 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 you 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 affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right 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 you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you 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 sam a instruction. 25C-21 25C-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: AGREEMENT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES AT VARIOUS CITY FACILITIES 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement renewal with Vista Del Verde Landscape, Inc. dba Bevill Landscape Management for the provision of landscape maintenance services at various public facilities in the amount of $232,565 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for landscape maintenance at various public areas throughout the City. These areas include bike trails, parks, the Santa Ana Police Athletic Activities League building, the Newhope Library, and the Regional Transportation Center. On January 4, 2006, the City Council approved a two-year agreement with Vista Del Verde, with provision for three one-year renewals. A subsequent agreement amendment adding Saddleback View Park, McFadden Triangle, and the Flower Street Bike Trail Extension, was entered into on March 15, 2007. The two-year base agreement expired February 28, 2008. The first year extension was approved on February 4, 2008 and expires February 28, 2009. The Parks, Recreation and Community Services Agency is satisfied with the quality of services being provided by Vista Del Verde and recommends approval of the second one-year renewal of this agreement. The current contract includes a base amount of $157,830. This amendment includes a three-percent ($4,735) increase requested by the vendor to cover increased operating costs, and a $70,000 contingency, for a total contract amount not to exceed $232,565. Of this $70,000 contingency, $30,000 will be earmarked for Civic Center special projects. 25D-1 Agreement Renewal of Various Public February 2, 2009 Page 2 FISCAL IMPACT for Landscape Maintenance Facilities Funds for the first four months of the agreement are available in the 08/09 fiscal year Park Services, Library, Civic Center Maintenance, and Community Development Agency contractual accounts (nos. 11-250-6291, 11-214-6291, 74- 242-6291, and 67-615-6261). Funds for the duration of the agreement will be included in the proposed FY 09/10 budget. Gerardo Mouet Executive Direct r Parks, Rec. and Comm. Svcs. Agency C Cynthia J. Ne son Deputy City Manager for Development Services APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Financ and Mgmt. Services Agency Rob R'chard Library Director 25D-2 THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on February 2, 2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management ("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-2006-020, dated February 6, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance for certain City parks. B. The Parties agreed to amend said Agreement on March 15, 2007, to include additional sites which are maintained by Contractor. C. The Parties again amended said Agreement on February 4, 2008, to extend the term and increase compensation to pay for services during the extended term. D. In accordance with the terms and conditions of said Agreement, the parties desire to again amend said Agreement, to extend the term 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, as previously amended, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 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 B-1, of said Agreement, as amended. Said contract rate for each park shall be increased by an additional three percent (3%) for a total of $162,565 for landscape maintenance services during the term from March 1, 2009 through February 28, 2010. The total sum to be expended pursuant to this Agreement during the extended term, from March 1, 2009 through February 28, 2010, shall not exceed $232,565.00, which includes a $70,000 contingency for unanticipated expenses which may arise during the term." 2. Section 3, TERM, shall be extended for an additional one-year period, through February 28, 2010. 25D-3 3. Except as hereinabove 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 Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager VISTA DEL VERDE LANDSCAPE, INC. (NAME) (Title) 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY- OWNED PARKS d ~^ ~` / ~ ~~ -' / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 Sc Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Fiesta de Carnival in the amount of $49,500 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with "O" Entertainment in the amount of $15,250 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing projected carnival revenue in the amount of $64,750 in the Recreation Special Fees and Donations revenue account (no. 22-O1-5799) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 22-231-6291). DISCUSSION Requests for Proposal for providing ten carnivals on City-owned parks were issued and mailed to 23 carnival operators. A pre-proposal conference was conducted, and three vendors submitted proposals for consideration. Acosta and Associates, Fiesta de Carnival and "O" Entertainment each submitted proposals for review. A five member evaluation committee consisting of representatives from Finance and Management Services, Planning and Building, and Parks, Recreation and Community Services rated the three proposals. The committee rated each proposal based on the operator's ability to successfully conduct carnivals using the following evaluation criteria: ^ Equipment capability and functionality (20%) ^ Level of service and support (20%) 25E-1 Agreements and Appropriation Adjustment for Carnivals at City-Owned Parks February 2, 2009 Page 2 ^ Experience of firm and personnel (20o) ^ Past performance (400) Fiesta de Carnival was rated highest, scoring 454 out of a maximum 500 points. "O" Entertainment scored 439 followed by Acosta and Associates, which scored 336 points. Fiesta de Carnival and Acosta and Associates each submitted for all ten carnivals. "O" Entertainment only submitted for four carnivals. Based on the results of the evaluation, the evaluation committee recommended the following 2009 Carnival Schedule: Park Site Promoter License Fee 1 Jerome Park "O" Entertainment 8,250 March 13-15 Fri-Sun 2 Cesar Chavez/ Fiesta De Carnival 4,500 Campesino April 17-19 Fri-Sun 3 Centennial Park Fiesta De Carnival 8,750 May 22-25 Fri-Mon 4 Rosita Park Fiesta De Carnival 4,500 June 12-14 Fri-Sun 5 Centennial Park Fiesta De Carnival 7,000 July 3-6 Fri-Mon 6 E1 Salvador Park Fiesta De Carnival 4,500 August 7-9 Fri-Sun 7 Jerome Park "O" Entertainment 7,000 August 14-16 Fri-Sun 8 Madison Park Fiesta De Carnival 8,750 September 4-7 Fri-Mon 9 Rosita Park Fiesta De Carnival 4,500 October, 16-18 Fri-Sun 10 Centennial Park Fiesta De Carnival 7,000 October 2-4 Fri-Sun Total 64,750 25E-2 Agreements and Appropriation Adjustment for Carnivals at City-Owned Parks February 2, 2009 Page 3 Traditionally, carnivals conducted at Jerome, Centennial and Madison parks draw larger crowds and are more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador parks draw smaller crowds and generate less revenue. Therefore, the license fee for the large carnivals conducted at Jerome, Centennial and Madison parks is higher than the license fees required for carnivals conducted at Cesar Chavez/Campesino, Rosita and E1 Salvador. The Parks, Recreation and Community Services Agency strives to provide safe, clean, low cost carnival events for our community. The total projected annual revenue for these agreements is $64,750 per year and will be used to fund deferred maintenance needs throughout our park system. FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $64,750 in the Recreation Special Fees and Donations revenue account (no. 22-O1-5799) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 22-231- 6291) . e ardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E-3 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 2na day of February, 2009 by Fiesta De Carnival (hereinafter "Operator"), 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 On December 12, 2008, the City issued Request for Proposals, No. 08-078 -PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 08-078 -PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected. from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Campesino Park, located at 3311 W. 5`" St, Santa Ana: Madison Park, located at 1528 S. Standard, Santa Ana; E1 Salvador Park, located at 1825 W. Civic Center Dr. West, Santa Ana; Rosita Park, located at 706 N. Newhope St., Santa Ana; and, Centennial Park, located at 3000 W. Edinger Ave, Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. 25E-4 (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Area within the Parks Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 08- 078 -PRCSA, issue date December 12, 2008 ,and Addendum No. 1 thereto (hereinafter, collectively "F;FP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shal I be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. ParW Carnival Dates Fee Cesar Chaves/ $4,500.00 Campesino April 17-19 Centennial Park $8,750.00 Ma 22-25 Rosita Park $4,500.00 June 12-14 Centennial Park $7,000.00 July 3-6 El Salvador Park $4,500.00 Au ust 7-9 25E-5 Madison Park Se tember 4-7 $8,750.00 Rosita Park October 16-18 $4,500.00 Centennial Park October 2-4 $7,000.00 $49,500.00 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum often (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and. terminate on December 31, 2009 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 25E-6 7. NON RECORDING Neither party shall record this Agreement RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator 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 Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 Operator'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 $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C, upon execution of this Agreement and shall be approved in form by the City Attorney. 25E-7 B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 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, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator 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 $],000,000 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 1 L INDENINIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, 25E-8 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 Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release ol~any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be 25E-9 interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 ofthe California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy 25E-10 such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date ofthe up coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE 25E-11 Operator 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. 25. 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, addressed to the party concerned as follows: 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 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. BOX 1988 and Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: _ International Promotions, Inc. dba Fiesta de Carnival Attn: Ted Holcomb 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799-7737 Telefacsimile (562) 799-1443 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25E-12 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, 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 Operator. 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 parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRIMINATION Operator 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. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10 25E-13 31. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. 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. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25E-14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney FIESTA DE CARNIVAL TED HOLCOMB Owner Tax ID # 12 25E-15 EXHIBIT A PARK LOCATION MAPS 13 25E-16 ~~~~~ . , ~; .~ ... .... _ 1'-- ~ o - ~,r ~. h` ~ .~ A ~ J ~ ~ ~~ ; ~~~ ~ r ~i- . - . t ~ ~ . {{""~~ `,li t}-~ st~tt !"~ ~~ 14 25E-17 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 2°d day of February, 2009 by "O" Entertainment, Inc., (hereinafter "Operator"), 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 On December 12, 2008, the City issued Request for Proposals, No. 08-078 -PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 08-078 -PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Jerome Park located at 2115 W. McFadden Ave., Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the renderings of the Park attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide two (2) carnivals ("Carnival Event") at Jerome Park during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Park described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Park by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Park is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Area within the Park shall be limited solely to the permission for such use and occupancy granted herein. 25E-18 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 08- 078 -PRCSA, issue date December 12, 2008 ,and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit `B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival .Dates Fee Jerome Park March 13 - 15, 2009 $8,250.00 Jerome Park Au ust 14-16 $7,000 $15,250 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum often (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 25E-19 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 25E-20 9. INDEPENDENT CONTRACTOR Operator 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 Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 Operator'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 $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C, 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 $2,000,000 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, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator 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 Operator pursuant to this section: 25E-21 i. Operator 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 1 L INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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. 25E-22 Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 25E-23 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 25E-24 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. 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, addressed to the party concerned as follows: 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 Telefacsimile (714) 647-6956 25E-25 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) and P.O. BOX 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: O Entertainment, Inc. Attn: Ward Hassett 539 East Bixby Road, Suite 59 Long Beach, CA 90807 Telefacsimile (562) 495-5961 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 25E-26 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, 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 Operator. 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 parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRIMINATION Operator 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. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services to 25E-27 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. 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. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// /// /// /// /// tt 25E-28 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: CITY OF SANTA ANA DAVID N. REAM City Manager O ENTERTAINMENT Laura Sheedy Assistant City Attorney WARD HASSETT (Title) Tax ID # t2 25E-29 • Manr,~ vi~r,~ •YCHU[ i 1 _.~.._-. ... ~ ~ .:?~° ';'` -` yr ~ ' I 1'tw !I.: iAC. ~ I os ~ ...... I I ~ j ~..,,,, ~ ~ ~ +• o ~ ~t =r ..._ } o .. ` , ~ ,•, ' A ~ -, ~ ~ ~ ~ ~ i ~ 1 \: ^ + ,~ ~ ~ ~ ~ ~ f~(~ ~'' 1 ~ - O O r ~ '~ " " ----------J ~~ ~~ ~ ~ f -., '.s ,~ ~{ ~, ~ ~ ~ -" • ~ ~ ,~ ~, k•- ~ „" ;+ ~ ~ .. ~ ~~ .. ~ ~ ~ ,Mint .~tq ~. ~+~ . ~ ~ ~ ~ _ s r 4YfAlt[ _ _i 1 ~~ 13 25E-30 EXHIBIT "An ~~ e~ Zr EXIIIBIT B A. VENDOR'S RESPONSIBILITIES I. PROOF OF INSURANCE -Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary /non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of the carnival season. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. CLEANUP DURING AND AFTER THE EVENT -The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 4. STREET SWEEPING -If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Section IV.A.3. of this 14 25E-31 document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS -Vendor is responsible for providing the appropriate number of 40 yard roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS -Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a $500 penalty per day for each day late in providing the plot plan. 7. CARNIVAL LICENSE FEE- Vendor understands and agrees to pay the required carnival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $5,000 for carnivals conducted at El Salvador and Campesino/Cesar Chavez parks, and $8,750 for carnivals conducted at Jerome, Centennial, Rosita, and Madison parks. FIRE AND ELECTRICAL INSPECTION -Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than six (6) 10 x 10 cooking booths will be allowed (or three 10 x 20). Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 15 25E-32 9. O.C. HEALTH DEPARTMENT REQUIREMENTS -Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) -Carnival promoter is responsible for supplying the Business License Office with a list of pre-approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non-profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One-Day Peddler/Solicitor license. Non-Profit Organizations are required to obtain a Fee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS -Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum often (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development 16 25E-33 Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 13. CONTACT WITH BUSINESS ORGANIZATIONS -Vendor must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY -The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS -The security company to be used by the vendor must be pre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police t~ 25E-34 Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: • The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. l7. ADDITIONAL POLICE/FIRE/PARK PERSONNEL - Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL - Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre-inspection and post- inspection meetings will determine the condition of the sites before and after the event. A pre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre- inspection has been completed. Set up prior to event date and/or before the pre- inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post-inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. ~s 25E-35 19. PROTECTION OF FIELD AND TURF -Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (] 0) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved into the park prior to the completion of the pre-event inspection meeting and/or 9:00 am on the Wednesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS -The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS -Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES -Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES -Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by 19 25E-36 the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 25. SIZE OF CARNIVAL RIDES -Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must be pre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 26. EVENT STAFF, OFFICE AND SECURITY PARKING -Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre-event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS -The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT - Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT -Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE -Vendor shall be required to post signs before the start of the event in both English and Spanish stating "No Event Parking" 20 25E-37 at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor shall ensure that these signs remain in place through the duration of the event. Vendor agrees to pay a $500 penalty for each violation of this section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD -Vendor must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT REQUIREMENTS -Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre-event meeting described in Item IV.A.18. The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 34. LIGHTING -Where applicable, the City will turn on ball field and safety lighting to help light the carnival. Vendor is responsible for providing all other lighting to ensure that all areas of the carnival are adequately lit throughout the duration of the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 35. NEIGHBORHOOD BOOTHS -Vendor agrees to provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described in Section II. Food and beverages sold at this booth must be approved by the carnival vendor and the City. 36. ANIMALS - No petting zoos, pony rides, or any other animals are allowed at the carnival. 21 25E-38 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT 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 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 name 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 # Issued to the endorsement form as part of Name Insured Countersigned by 22 25E-39 25E-40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: TARGET STORES DONATION FOR GRAFFITI ENFORCEMENT r -- / / _ ~/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinanc;e on 15i Reading ^ Ordinan<;e on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the acceptance of a donation in the amount of $1,000 from the Target Stores, to be used by the Police Department Graffiti Task Force Unit. 2. Approve an appropriation adjustment recognizing the donation in the amount of $1,000 into the Police Special Revenue Fund, Gifts and Donations revenue account (no. 024-01-5798) and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies expenditure account (no. 024-331-6391). DISCUSSION The Police Department operates a Graffiti detectives. The unit targets criminals crime and affecting the quality of life Target Stores desires to support local law community in a positive manner by donating This donation will be used by the Police graffiti efforts. FISCAL IMPACT Task Force Unit comprised of two and taggers committing graffiti for members of the community. enforcement and impact the local $1,000 to the Police Department. Department in support of anti- Approval of the appropriation adjustment will enhance the Police Special Revenue Fund, Gifts and Donations revenue account (no. 024-O1-5798) by $1,000 and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies account (no. 024-331-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 29A-1 29A-2 REQUEST FOR COUNCIL ACTION ~~. .~:. CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: VARIANCE NO. 2008-21 FOR A LANDSCAPE REDUCTION AND MODIFICATION TO CONDITIONAL USE PERMIT NO. 1964-172 TO ALLOW THE CONSTRUCTION OF A MULTI- PURPOSE BUILDING AT 1021 NORTH NEWHOPE STREET - POOR CLARE MISSIONARY SISTERS, INC., APPLICANT '"~ ~ ~~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-21 as conditioned and modification to Conditional Use Permit No. 1964-172 as conditioned. PLANNING COMMISSION ACTION On January 12, 2009, the Planning Commission adopted a resolution approving Variance No. 2008-21 as conditioned and adopted a resolution approving modification to Conditional Use Permit No. 1964-172 as conditioned by a vote of 7:0 to allow the construction of a multi-purpose building at 1021 North Newhope Street in the Single-Family Residential (R1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. <`~ 1 ,~ Jay Tre-vino Executive Director Planning & Building Agency CR:rb cr\reports\va08-21cup64-172 Poor Clare.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 12, 2009 TITLF_: PUBLIC HEARING - FILED BY THE POOR CLARE MISSIONARY SISTERS, INC. REQUESTING VARIANCE NO. 2008-21 FOR A LANDSCAPE REDUCTION AND MODIFICATION TO CONDITIONAL USE PERMIT NO. 1964-172 TO ALLOW THE CONSTRUCTION OF A MULTI-PURPOSE BUILDING AT 1021 NORTH NEWHOPE STREET ~'~Pn~~~e~l by Carlos Rodriguez f ~ __--- _ --- ~- - - Exe utive Dir c of r RECOMMENDE ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO _'1-''.---- PI n ~ g Manager 1. Adopt a resolution approving Variance No. 2008-21 as conditioned. 2. Adopt a resolution approving modification to Conditional Use Permit No. 1964-172 as conditioned. DISCUSSION Request of Applicant Michael Vue, on behalf of Poor Clare Missionary Sisters, Inc., is requesting approval of Variance No. 2008-21 and modification to Conditional Use Permit No. 1964-172 to allow the construction of a multi-purpose building at 1021 North Newhope Street. Property Description The project site is approximately 4.26 acres in size and is occupied by an existing convent and child care facility. The convent is approximately 11,200 square feet and the existing child care building is 8,150 square feet. The parcel is located within the Single-Family Residential (R1) zoning district and has a General Plan land use designation of Low Density Residential (LR-7). The site is located on the northeast corner of Hazard Avenue and Newhope Street. Surrounding land uses include residential to the north, south and west, and residential to the east that is separated by the Orange County Flood Control District Channel (Exhibits 1 and 2). EXHIBIT A 31 A-2 Variance No. 2008-21 Modification to CUP No. 1964-172 January 12, 2009 Page 2 Project Description The applicant is proposing to construct a multi-purpose building to be used in conjunction with the existing child care facility. The project entails the construction of a new 5,400 square foot building that will be used primarily as a lunch room and to hold special events (Exhibit 3). The proposed building will be constructed at the rear of the existing child care facility and includes a kitchen facility and a stage. The exterior of the building has been designed to be consistent with the existing child care structures on site. Exterior materials include the use of high quality stucco and stone veneers. In addition, several improvements will be made to the site, including the addition of landscaping along Newhope Street and reconfiguring the existing parking lot to comply with the off-street parking requirements. No changes are proposed for the existing daycare classroom buildings and convent. The applicant is proposing to install 10 feet of landscaping in front of the existing buildings along Newhope Street. The R1 zoning requires a 20- foot landscape setback. As a result the applicant is requesting a variance to allow a 10-foot landscape reduction. Analysis of the Issues Child care facilities are permitted in the R1 zoning district with an approved conditional use permit. Section 41-232.5 (f) of the Santa Ana Municipal Code (SANG) requires an approved conditional use permit for child care facilities for more than 14 children. Conditional Use Permit No. 1964-172 was granted to allow the existing child care facility. In order to expand the child care facility, the applicant must amend the existing conditional use permit to allow the proposed building. The conditional use permit process allows the City to review the project and address potential impacts. The proposed site is currently developed with a child care facility that serves preschool aged children and the proposed building will provide ancillary support for the existing facility. The new building will be used primarily as a lunch room as well as a facility for special day care events such as award ceremonies and plays. The proposed facility is not proposed to be used as a classroom building and the number of children will continue to remain at 100 students. Currently, the day care does not have a facility to house students during lunches or areas for special events. 31 A-3 Variance No. 2008-21 Modification to CUP No. 1964-172 January 12, 2009 Page 3 Although the subject property is primarily surrounded by residential uses, none are immediately adjacent due to the existence of the Orange County Flood Control District Channel. The nearest residential property from the proposed building is 70 feet and is across the Orange County Flood Control District Channel. The properties to the north are approximately 190 feet away from the proposed structure. The area located in front of the existing day care is currently used as a drive aisle for the student loading and unloading area. Currently, there is no landscape provided between the public sidewalk and the loading zone drive aisle. With the proposed expansion, the site is required to provide a 20-foot landscaped setback required by Section 41-234 (SANG). However, the applicant is requesting to provide only 10 feet along the front yard setback. The applicant is interested in maintaining the existing configuration of the drive aisle and student loading and unloading zone in order to better facilitate the arrival and departure of students. In addition, the main child care entrance faces Newhope Street and is easily accessed from the existing drive aisle. Providing the full 20 feet would require that the drive aisle be removed and the loading zone be relocated to the parking area on the northern portion of the property. The children served by this child care facility are three to five years of age and must be checked in and out at the front office. Relocating the unloading and loading zone would delay the departure as parents would have a longer distance to walk their child as the front entrance for the school will remain in its current location. The applicant is proposing to modify the existing two-way drive aisle configuration to a one-way drive aisle. By changing the drive aisle direction the applicant is able to reduce the drive aisle requirement from 20 feet to 10 feet. By reducing the two way drive aisle to a one-way, 10 feet of landscaping can be provided along in f ront of the existing structures. Currently, the front yard setback located north of the driveway entrance provides an approximately 38-foot landscape setback with turf and mature trees. Additionally, 10 feet of front yard landscaping is currently provided along the southern corner of the property and five feet of landscaping between the building and passenger loading and unloading zone. The applicant is proposing to provide planting materials to code and install ten 24-inch box Capital Flowering Pear Trees and 66 five- gallon Indian Hawthorn `Clara' shrubs within the newly proposed 10-foot landscape setback. Four landscape planters will also be constructed within the existing parking area and additional planting material will be added to the existing child care facility. 31 A-4 Variance No. 2008-21 Modification to CUP No. 1964-172 January 12, 2009 Page 4 Additional landscaping will be added to the site including three Sweet Shade trees and 38 Indian Hawthorn `Clara' shrubs. Additional trees will be planted near the new building including Ginkgo Biloba and Pink Snow Showers Flowering Cherry Trees. In summary, the existing child care facility is proposing to amend the existing conditional use permit to allow an additional facility to the site. The new multi-purpose building is located at the rear of the subject site and the building is a minimum of 70 feet from the nearest adjoining residential properties. In addition, the structure will be used as a lunch room and to hold special events and no additional student enrollment is proposed with this project. The existing child care facility was constructed with the drive aisle and unloading and loading zone in front of the structures. The applicant is proposing to modify the existing drive aisle configuration in order to provide 10 feet of landscaping. In addition, the project site currently provides a 38-foot section of front yard landscaping along a portion of the existing site. The applicant is proposing landscaping material to comply with the landscape standards and provides large amounts of existing landscaping that exceed the code requirement. The existing child care facility provides a valuable service to the City and surrounding residents and complies with the intent of Policy 4.3 of the Land Use Element. Lastly, Policy 5.1 of the Land Use Element encourages developments that have a net community benefit. Therefore, staff recommends that the Planning Commission approve Variance No. 2008-21 and modification to Conditional Use Permit No. 1964-172 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2008-42 will be filed for this project. Carlos Rodriguez Assistant Planner II CR: jm cr\reports\va08-21cup64-172 Poor Clare.pc ~~ Verny Carvajal Senior Planner 31 A-5 C i t y o/ G a r d e n G r o v e u _~ ~~~ ~ - - WESTMINSTER AV. 17TH C2 ~-R~'p~~r - ~.yS~P-2 - I /_-----_- \ -~q ,~,s,. ~ i~ ~ i C2 '~-------~i C2 SP_2 `~i. SP-2 ~ Rt 11 -------il w 9~) IR1 ~ ~`------=~1 R1 R2 _ R1 ~ ------ R1 -- r.er l~ -, NSWEPTA . U SDd2~l w A E. ~ II II R1 R1 R1 R1 R1 R1 R1 i suNSwEVtAV R1 R1 R1 ~ R7 ~ ~ I I I LL ~ - s,DeA I wi v. ~ `~ _Ij Rt R7 R1 Av R2 m Rz R7 L Ri NIORNINGSIDE F __ HI Rl R1 '' a R1 ~ AV. Rt - - n, , SP-2 ~ R7 ~ ~ R7 a SP- R2 R2 ANriE~D v Rl "" PROJECT R' R °lA ~ 2 R, R, SITE I R, ~~~ y,. ~ R, A Rq - _ .n ~, s J ~s 1 ~~. ~ m R1 ~,~w"~ ~~~ 3 R2 Q;; SP- i R2 R2 - R7 R7 R1 R1 R1 R7 R1 R1 ~ ~ R1 E ~ m" 2 1 ~ fp E r. R1 ~ ~ i ~ ° RD --- ~ R2 ~ `~: \I \ r R1 SD-53 I IZ-=- I aze i a ~ II II ~ I IIR2-PRp a _~ 1 1 ~ R1 R2 y ~ I 1 R3 R1 t irr f~ ~~„sb I W ~ ~ 0 ~ II I~ ' iil a IISD-111 R1 ~ 0 1 R1 Rl li II rr R2 1sT"'>-=' w - 1 i~ il_=1 ~~ ~ a SP- R2 ~ R2 y R' Z I I R1 I~ 2 R3 R2 6311 Ri r R1 ~. 5 EVELTAV y I I I gp_ A ° ~ II I II I I jl I R2 '~° -- s ~ R1 R7 II 1_IuJ~_I_ I_1 2 I R4-PRD ~ ~~~~- ~~~i ~ ~ Ri Rl Rly II I-~I_'1 II-~I-; ~ RZ R1 II -- 'I es~~-- aec• SP-2 SP-2 N,ee.a.~ sni sr. I , ~ - - R1 c~ i ~ RS Al"R2 ~R2 II~~ - ~~ !~ p2 A7 IRI~IPRD III Rl «-nr- _ R21 II 1 ~ SP-2 SP-2 Ci ~~ Ilr ~ II 11 I -I1--1 R2 Ai I SD II _ R1 R2~~3~a~-I -38 1 C1 II 11 II II II I - - - J II ~ R2-PRD - I II I R2- I____I I I _~I 1 R1 ~^' I~ __,u_ At 11 IIPRDII il---_JfA111 R2~e ~ ~.~ ^ ----~I R2-PRD --- 1 i-,r----I ~i_,.,~ I s I---, sRD ni I II----~I---- I I__ ~'t_I~ R2 R1 R7 •~ 1~ I~ ~,w~ aa,., ~ 1 R $P- w ,w I I~--------= I , ~ - - r - ~ ~I I I _ _ R2 R2 -~ 11 II_ ~I II II II 11 `Ir.._ 41aRA $+--_-JI-'~- II _ 2 R1 Cl ~ I ~~-_______ I I I I II pp -- ~~-__~__- I 1 II !' . ~ ~I II j l II II I~ Al II PRO I1 II---- Ai ~r ~, --I~ --~I II ~ i N i ~f_ Aso ---=i n Ir~_ - Ir ~.,~ C~I I-- i t R I i ~I s w a ~I n---li ~~ SP-2 _ R1 Cp i C2e m zR2-PRD s li ~ C2 a T C2~ ~ ~5 ____--,^~~---'~-'.~I 1 - a PRD CZ ---- I 1 SP-2 SP-2 -- -- ---- -FIRST ST -- -~-- ------ I - R1 CS C2 ilI I i I I I i ~'° C5 C5 C2 „ C2 SD-32 R2 ~ =j lI I ICI. 21; -I ~~~' ~n ~ SP-2 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rt SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT VA 08-21 /CUP 64-172 ~ POOR CLARE MISSIONARY SISTERS, INC. ~ 1021 NORTH NEWHOPE STREET - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP J 1 ~B~ ~ 3 W_ ¢ p ~ W > I- G. Z Z a ?~o ~ SIN LE FAMILY ES DE TIAL Z ~ o SINGE ~ ~ p FAMILY RES DENTIAL ~ fA OAKFIELD AV. .c9 OAKFIELD AVE. ~' W ~~~ SINGL W SI NG E F MI LY RESI E TI L C~ FAMI Y RESI ENTIAL ~ ~ ~ N 5 FAMILY ESID TIAL ~ ~~~ ~ ^`t ~~ a , ,~ ~Q' v a t ~~. ~A ~ r'a C\ HOLLYLINE AVE. ~' ~~q~` ~` ~ ~~~~+'~ '' ~ y P ~, ~5 ~ - p e ¢ '' '` a a x. ~ .:~~ a o ~ ~ v~ Q' q sr - _-1 Q. W ti ~: W W ~~ *~~ a '. '~ O O ~ ~ ~ ~ y ~ W ~t \ W W d s~ ~' ,/ G' ~ W ~ ~ ~ t :~ C7 -~ 3 0. F ~ g W Z ~ \. CELESTE ST. w W G J J C\ NGL ? ? \ MIL ~ ~ 9 RES DEN /AL HAZARD AVENUE ROSITA PARK 0 SIN LE F MILY SIDENTIAL G Q G o ROSITA MOONRIDGE AV. PARK VA 08-21 /CUP 64-172 /~ POOR CLARE MISSIONARY SISTERS, INC. ~, 1021 NORTH NEWHOPE STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3~i~~ 2 =m q n yx; ~~~ :° 4 ~ ."a m ~ 5'~x ~ ~:a~ ~ 0598- F:oGZB .;g ado 49 (i'TL) 'Ta.L ~ 'E[I~' ETaES coa 'N T ZOl ti ~ ; ~ C., ey~' ~ ~ x` ~7` T7 (, ~i 1 V~ it F C1 ~rI ~ 77 { V' .L~\ Y S i a~t+mw: ~ ~ ~ ~ Y ~ ~~5:5 ppl~p~~~p~~~~~~ ~ ~~~~~ p~ ~ n e y - ~ A 5 ~ ~ ~ i ~ ~L~l~l~~~ i~~~~ N s~~~ ~ ~ Q ~VV? ~ R G~ CGS ~~~~ a. x~~a»~ o ~~~ ~ ~~~~: ~@'_`~~~ I G ~; a~§ ~~~~H~91~ ~~~ !~ ',' ~ i ~ 1 ~ •jY~ ~ ~ i... ~>i...~ESi~~iAa e~®~~ ~ v ~ ~~~~~~~ t3E~~ e~g~ ~ tY~HE~~~i~~ . _~' 'sam ~ '~~ 41 --~~1- I 9 ='~ yo ~ d~ $ ~ ~ r ! ~ ~ b ~ e c ~ '7 ~g5 ~~ g ~ ^ ~ _[ ~ ! Qo. ~ b ~a~~R \~~ ~~~$XX~ gg ~ ., ~ +. ~ s age 8~~ ~ ° ~ ~ q C~ sa~~_ g ~e~ o p ~ ~ ~ b ~ yy y ~~ b ~~((~n i b B$ ~ pa ~ R ~ ~ ~i B6~ ~~@[ a~ ~ ~~ ~ ~ ~ ^^ gy ~ ~~~ ~ ~4 ~ i ~ }~~ g ~~ B ~€ ~~~ ~ ~f~ ~ ~ ~ ~, ~ ~ rc ~ p~e ~ ~~i ~ ~e~~~ p ~ R Ry 9 ~ b 6aQ ~ { 7i~[~~ ~ ~~~~ 55 3~~~ ~ ~BFa ~ ~^p~pp ~i6i ~ R~ ~@ ~ ~ ~ ~ ~ q ~ ~ ~ ~ ~~ y6 ~ ~~~Q ~Rp ~ ~ ~ ~~~$~~~ E ~ R~ ~ I ~ ~6aQ~a~~ ~ e g ~ i I '', ~ ~~~ ~ ~ ~g ~°~ ib~ b~ai~~ @ 6p gjg ~ ~ "~ ~ ~~~ ~~ r pp ~ ~ b bpp F ~ ' ~3S g ~ s '~ ~` ~~ 4 ~ I. a. $~k" $ $ <auaW ~a Y.. ® ~ ~< raa ® ~~ p ~ p ~~~~y~<~~i ~~G ~g ~~, v a~ ~ 39 ~ b 1: ~~i! ~ p ~ ~ ~ gem s Er ~ ~ ~~~~ ~~w,x ~ ~ ~! a~ ©~®4~~ cob R ~t-~ p ~ 6'l sr.~ b ~ n y i ~: ~ i ~ I i ~ § ~I,it ~~ ® ~ y ~ m e_ ~ b o- LL~°O ~ s ~b~ I = f~ . ~~~ ~ ~ ~i x " ~ ~ ® ~ ~~~ a a _ . _~ ~~~~ ~ E- ... :__ a d~i'I - I ~ m ~ ~ ~ ~ W n n e x n - I y .. \ r m~~ -- ~~~! -~ j ~ ~O-`~~ C, ~' Ct E~ - ~ . I ~~ E ~I ~ Ii ~ ~ mpg ~ - Q! 11 - I .l. y / r i u V R € ~ ,s~ ~. ~~ ~, .tl i N~~ ~e f osl"~jl Y tl ~ ~ ~ / vy xce ~ e ~~ g®~ ~~ ~~9 i ~' ~ ~ ti ~, 'I~iI I~ ~ ~'~.I I~ ~ ~1 ' f i _~ q, ~a$ p ,~ LfS~ ~tSe -i ~ Si d ~ ~ a ~ ~ ~ ~ xi m ..^ ~ ~~ 9gg b i ~gg~r _~ g~Y~ ~ $ § I I ~ g ~ ~ ~ ~ # ~ W i ~1 f '~ ~~ ~ ~~ Q ~~~ ~~s ~ ~~ al{ ' ~ ~~~ ~ ~ Q~ ~ ~ ~ ~ I ..~ a ~ • ~ i ~ ~ ~ ~ ~ I ~ ~ ~! ~ ~ ~ sg y {~~ ~i ~ p~ R Y ^ ~ $$ ^ ~ RR p ~b~ g ~ ~ ~ •e ~ ~ ~ ~ R ~. ~F 1~~ ~ ;1 I ~ ~ ~ f ~ ~ R t ~ =fa~~~~~ ~ ~~-- ~ ~~~~ ' ,~ C t ~ Q~ ~M~ 39 ~` ~ ggg ®5 ~i~~ ~~ ~ ~ g ~~ - ~ b ~ b iRi~ - ~ ~~ ~F ~ ~ ~ ~ ~ ~ ~ 3i ~ ~~ I ~I p3 ` ~i[ 6 ~ ~ ~ R~ ~ a ( R R ~ ~ Q ~ 2 ~ ~ ~ Q ~ ~ ~ ~ g ~ ~W R~ _ - ~ ,i --~ _ ~t ~ 'a,~~ paszeH ~ @°~b E 99 ~ g g~ ~ ~ ~ ~ ! ~ @ ~ g~~ ~ ~ ~ ~ SSS g ~y ~ y p ~ ! ~f ~ ~~ ~ ~ Page 1 of 4 / _ e~~ ~ e] ~ `,~Au ~_ ~ ~ a: z~ ~ •: a` x~ 0 o a w wao~d~d . -, JNIOdOI < g 0 ~ ; •; cL> ~ ~ ~~ ~ = ® ~ "~.a.,.nN..w,.~...~....~,..,,...,.w..,~ ,..,..... ~...~ ~ ~ _ ~ / ~ L - 3 ~ ; -- l o-.c ns ~% ~~a .~ --- - W. ~ ~i o iA ~ ©9 OS' l+='~'~ ~ ~o ~~ ~ ~. ,. B ~® - ~ ~~ ~~~ Z ~a ~ ®~ ~; a w N 0 t,, x o w '~ O -_~ Z O ~ ~~ Z`~~O ~ V- ~ ~ O~'cti$ '~ 3oq .-. li U ~ ..+I O Z Q J a o o w ~' 0 ~ ~® ~ ~i ~ w ® °'","°"° J .h Q ^ ~ I a ,~aso~~ I ' ~ a d~ ~ -' 'i m .Li S ~ l b I. F- -j E I 2S: ~ ~' ~ b z ~ \ 3JNV8J.N3 7. _--- - i GS Ca i I ~ ~ I ~ ;110 dli lDU lll~l s~o t 0-pt .1 f L-.ll ,h t 8-.Ol -. . '. TS adoy.u N 'h IZOT fj . I w "IrIt~II t'2It'IJ t,L`t'S ~ O Q~ w ale ve E y O;AA-Y~:' (T~TG) 'IaJ, $ ~ w G °° r~.5 s f '`e 5~~o EO[.~8 t~J 't:ue ce~}us5 B : t ~ n E :.,~" d:£ ~ `e~~: ,fT, ~Q'IfI 'lg adocl.v.aN '.h TZOT ~m a ~ L 4JO .~~s z ~o F~ _ OZ moo; sB o ~w3 rlrl~'~1 t'il~'~~~J ~'.L~d~ -a ~ Q ~a '~i~-11 KO-1 /8/09 RESOLUTION NO. 2009-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-21 AS CONDITIONED TO ALLOW A REDUCTION IN THE FRONT YARD SETBACK FROM TWENTY FEET TO TEN FEET AND AMEND CONDITIONAL USE PERMIT NO. 64- 172 AS CONDITIONED TO ALLOW A CHILD CARE FACILITY FOR THE PROPERTY LOCATED AT 1021 NORTH NEWHOPE STREET BE IT RESOLVED BY THE PLANNING COMMISSION 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 Applicant is requesting approval of Variance No. 2008-21 and amendment to Conditional Use Permit No. 1964-172 to allow the construction of amulti-purpose building for a child care facility located at 1021 North Newhope Street. B. Variance No. 2008-21 and the amendment to Conditional Use Permit No. 64-172 to allow a child care facility came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 12, 2009. C. Variance No. 2008-21 has been filed with the City of Santa Ana seeking to reduce the required front yard setback from twenty (20) feet to ten (10) feet. 1. Santa Ana Municipal Code Section 41-234 requires a minimum of twenty (20) feet of front yard setback in the R1 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. i. 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 provisions of this Chapter. Resolution No. 2009-02 Page 1 of 8 31 A-12 Due to the configuration of the lot and existing development located on the project site, denial of the variance would deprive the property owner the privilege of constructing an additional structure for the existing child care facility. The site meets the required development standards for the Single Family Residential (R1) zoning district except for the required front yard landscape setback. The applicant is proposing to modify the existing drive aisle to a one way direction in order to provide 10 feet of landscape setback. In addition, the existing child care facility entrance is situated to the existing drive aisle for easy access from the passenger loading and unloading area. Lastly, the lot is a 4.26 acre triangular shaped lot that provides a large amount of landscaped area. The site contains an existing day care facility and convent, and the structures cannot be easily relocated to accommodate both the drive aisle and the 20 feet of required landscape. Policy 2.10 of the Land Use Element encourages the rehabilitation of properties and capital investment within the City. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance would allow the property owner the opportunity to develop a quality multi- purpose building for the existing child care facility on site. Not allowing the variance would require that the existing configuration of the building entrance be modified. The entrance for the existing child care facility is currently oriented towards the existing drive aisle. By relocating the existing loading and unloading zone, the parents and students will park further away from the child care facility entrance which will create potential safety issues for loading and unloading of children. Policy 5.1 of the Land Use Element emphasizes supporting developments that have a net community benefit. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed multi-purpose structure will have no detrimental impacts to the surrounding properties. The size, scale, and design of the proposed structure are consistent with the existing structures on the site Resolution No. 2009-02 Page 2 of 8 31 A-13 and the surrounding residential neighborhoods. All development standards will be met including building setbacks, parking, and passenger loading and unloading zone requirements. Additionally, the site is currently occupied by an existing child care facility and the day care will continue to serve the same number of children. iv. 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 the land use designation of General Commercial (GC) allows for commercial developments. The proposed building will be consistent with the goals and policies of the City's General Plan. D. Amendment to Conditional Use Permit No. 1964-172 has been filed with the City of Santa Ana to expand the child care facility. 1. Santa Ana Municipal Code 41-232.5(f) allows child care facilities caring for more than fourteen (14) children with a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The existing Poor Clare child care facility provides an important service to the residents of the City. The proposed structure will allow the existing child care business to provide additional services and amenities to the children that are being cared for. This will allow the Poor Clare child care to provide a high quality of day care to the residents of the City. Policy 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed multipurpose building will not be detrimental to persons residing or working in the area. Resolution No. 2009-02 Page 3 of 8 31A-14 Policy 2.5 of the Land Use Element encourages a balance between development and its impacts on the quality of life. The project site is 4.26 acres and the proposed building will be located behind the existing day care facility and away from the adjoining residential properties. In addition, the subject site is bounded by the Orange County Flood Control Channel to the south which helps to separate the structure from the adjoining properties. At the closest point, the new structure is a minimum of 70 feet to the nearest residential property. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed day care facility will not negatively affect the economic stability of the surrounding area. The site is currently operating as a child care facility that provides an important service to the community. The proposed structure will allow them to better serve their customers and will continue to allow working individuals an important service. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed day care facility meets the requirement of the Santa Ana Municipal Code Section 41-232.5(f), which requires that a child care facility caring for more than 14 children obtain a conditional use permit. The existing day care facility was permitted by Conditional Use Permit No. 1964-172. The applicant is requesting a modification to the original conditional use permit in order to allow the construction of the new 5,400 square foot multipurpose building. In addition, the applicant is requesting the approval of Variance No. 2008-21 fora 10-foot reduction in the required front yard landscape setback. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as Low Density Residential (LR-7). Resolution No. 2009-02 Page 4 of 8 31 A-15 Additionally, the site is not located in any specific plan area. Policy 5.4 of the Land Use Element encourages land uses that are consistent with the General Plan. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2008-42 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 1021 North Newhope Street: A. Variance No. 2008-21 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the front yard setback from twenty (20) feet to ten (10) feet . B. Amendment to Conditional Use Permit No. 64-172 as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow the expansion of the child care facility These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2009, and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of January, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman Resolution No. 2009-02 Page 5 of 8 31 A-16 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2009. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2009-02 Page 6 of 8 31 A-17 Conditions for Approval for Variance No. 2008-21 Variance No. 2008-21 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 Califomia Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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 The project shall remain in compliance with Site Plan Review DP No. 08-11. 2. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 3. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 4. The variance shall be reviewed at six months, nine months, and one year. 5. The day care facility shall provide services to no more than 100 students. 6. The proposed multi-purpose structure shall not be used as classroom facilities. Exhibit A Resolution No. 2009-02 Page 7 of 8 31 A-18 Conditions for Approval of the amendment to Conditional Use Permit No. 1064-172 Conditional Use Permit No. 1964-172 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. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 08- 11. 2. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 4. The conditional use permit shall be reviewed at six months, nine months, and one year. 5. The day care facility shall provide services to no more than 100 students. 6. The proposed multi-purpose structure shall not be used as classroom facilities. Exhibit B Resolution No. 2009-02 Page 8 of 8 31 A-19 31 A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: TENTATIVE TRACT MAP NO. 2008-05 (COUNTY MAP NO. 17257) TO SUBDIVIDE THE SECOND FLOOR OF THE BUILDING LOCATED AT 1945 EAST SEVENTEENTH STREET INTO 17 MEDICAL OFFICE CONDOMINIUMS - RED MOUNTAIN RETAIL GROUP, APPLICANT ;' ,~~ J~ 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 Receive and file the staff report approving Tentative Tract Map No. 2008- 05 (County Map No. 17257) as conditioned. PLANNING COMMISSION ACTION On January 12, 2009, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2008-05 (County Map No. 17257) as conditioned by a vote of 7:0 to subdivide the second floor of the building into 17 medical office condominiums at 1945 East Seventeenth Street in the Arterial Commercial (C-5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. '~ t~-~ J~~1. Trevino Executive Director Planning & Building Agency MF:rb mf\reports\Tentative Tract Maps\ttm08-OS Homeplace Medical Office Condos.cc 32A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 12, 2009 TITLE: PUBLIC HEARING - FILED BY RED MOUNTAIN RETAIL GROUP FOR TENTATIVE TRACT MAP NO. 2008-05 TO SUBDIVIDE THE SECOND FLOOR OF THE BUILDING LOCATED AT 1945 EAST SEVENTEENTH STREET INTO 17 MEDICAL OFFICE CONDOMINIUMS Prepared by Matt Foulkes /~-~- re RECOMMENDED ACTION Adopt a resolution conditioned. DISCUSSION Request of Applicant Red Mountain Retail No. 2008-05 (County building located at condominiums. Property Description PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~ _~ lanni Manager approving Tentative Tract Map No. 2008-05 as Group is requesting approval of Tentative Tract Map Map No. 17257) to subdivide the second floor of the 1945 East Seventeenth Street into 17 medical office The subject property is located within the Arterial Commercial (C-5) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include residential to the north and a mixture of office and commercial to the south, east and west (Exhibits 1 and 2). The subject development is a 9.5 acre parcel of land located on the north side of Seventeenth Street between Sherry Lane and Old Tustin Avenue. The development is divided into four parcels which are currently developed with an 8,000 square foot multi-tenant commercial building, a 3,000 square foot Carl's Jr. restaurant and an Orchard Supply Hardware (OSH) store that consists of approximately 54,000 square feet. The medical office condominiums will be occupying the second floor of a 57,000 square foot, two-story commercial building that is currently under construction on the northwest portion of the development. EXHIBIT A 32A-2 Tentative Tract Map No. 2008-05 January 12, 2009 Page 2 Project Description A tentative tract map is requested by Red Mountain Realty in order to subdivide the second floor of'a two-story commercial building into 17 medical office condominium unit. This subdivision will allow these units to be sold individually rather than leased. The units will range in size from approximately 1,500 square feet to 2,600 square feet and will make up the entire second floor of the building. The first floor will remain for lease as commercial tenant spaces. No specific tenants have been identified for these second floor units; however, there is adequate parking on-site to support either medical or general administrative office (Exhibits 3, 4 and 5). There are 687 parking spaces provided on site while 683 are required based on the current occupancies of the buildings and the assumption that the entire second floor of the building at 1945 East Seventeenth Street will be used for medical office. Additionally, landscaping has been provided on the site in excess of the requirements from the Municipal Code. This landscaping includes landscape fingers in the parking lot as well as a landscape buffer along the north and east property lines. The subject site received entitlements to construct several retail and restaurant buildings on the property in 1997. The construction of this project was proposed in two phases, with the OSH building and the Carl's Jr. restaurant being built in the first phase and two additional buildings to be built in the second phase. In 2006, the property owner submitted a plan for the second phase of development which consisted of a two-story building with the first floor occupied by restaurant uses and the second story with medical offices. With the various entitlements that were received in 1997 already acted upon, the requirements applicable to this submittal were that the project remains in compliance with the original conditions of approval and that the new buildings go through the site plan review process. Site plan review is an administrative process by which plans are submitted to all City agencies for review and comment. Site plan review for the revised plan was completed in 2006 and building permits were issued for the new buildings in April of 2008. 32A-3 Tentative Tract Map No. 2008-05 January 12, 2009 Page 3 Analysis of the Issues The tentative tract map is necessary to subdivide the second floor of the newly constructed commercial building into 17 medical office condominium units. The proposed subdivision is in conformance with the City's zoning and subdivision regulations as well as the provisions outlined in the State of California Subdivision Map Act. The proposed project meets all provisions of the zoning code, including landscaping, setbacks, parking, lot size and frontage. Covenants, Conditions and Restrictions (CC&Rs) are required for the project to maintain an owner's association and ensure the site functions as an integrated development. These CC&Rs must be approved by the City prior to the recordation of the final map.- Additional considerations such as signage and separate metering have also been addressed through the review and approval of a sign program for the development and the appropriate location and screening of gas, water and electric meters. The proposed subdivision is consistent with the General Commercial land use designation and all other elements of the General Plan. The approval of this subdivision will improve the economic viability of the site by further diversifying the number and type of business in the development. This directly supports Policy 2.3 of the Economic Element of the General Plan which encourages the development of mutually beneficial and supportive business clusters within the community. As a result, staff recommends approval of Tentative Tract Map No. 2008-05 (County Map 17257) as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15301. This Class 1 exemption allows for the subdivision of existing commercial buildings where no physical changes occur. Environmental Review No. 2008-182 will be filed for this project. Matt Foulkes Assistant Planner I MF jm mf\reports\Tentative Tract Maps\ttm08-OS Homeplace Medical Office Condos.pc ti Vince Fre AICP Principal Planner 32A-4 A7 GENERALAGRICULTURAL -B PARKING MODIFICATION C7 COMMUNITY COMMERCIAL Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN TTM 08-5 ~ RED MOUNTAIN RETAIL GROUP ~~~""~~ 1945 EAST SEVENTEENTH STREET ~ - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~'-~' W vi vi SINGLE FAMILY RESIDENTIAL ~ ~ W W ~ W > UI ~ ~ fA W w J ~ ~ PLUMWOOD LN. U MULTI FAMILY W ~ ~ _ U RESIDENTIAL ~ Q W Q W J J Q N SIN LE FAM LY RES DEN IA W W ~ ? 'J c7 c7 OC W ~ W J ~ ~ ~ SIN LE FAM LY RES DEN IAL W Z ~ y U U N U ~ Q TWENTIETH ST. o M LTI F MILY O MULTI ESIDE TIAL O FAMILY S I N L F M L R S 1 D N 1 L U 3 RES. NINETEENTH ST. ~ O F F I C E ~ s F R ULTI AMILY S W ESIDE TIAL S R ~ ALLEY J J Z Q Q ~ Q O F F 1 C E ~ ~ F- U O O J U U O U SEVENTEENTH STREET TTM 08-5 RED MOUNTAIN RETAIL GROUP ._ 1945 EAST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~~H I~IT 2 SIXTEENTH ST. € p ~ f~ ~ tl l491A! E~ ~~ O tl ~ tl ~ ~G ~ Y F~ 8~ E aR= E g i '+~tlP ffi !r ~ S ~ a etl ~~ 3 3= 3 tl E 9E J € E' ~§ ~ ~ i@ s # 3 y ~ ~ A t ~ ! a ~ '~ ~ ~gg 3~+~ 3 tl tl A ~ tl ~g6R @~ ~ ~ ~ a ! o ~ i 9 ~'# ~ ~'si4 y~ ~ Qr~ s 9 e ~ P e 6 ! tl s ~ ° ~ ~~ 9 ;Y ~ ~ !i tl ~ ~ $ ~ ~ ( "E € - d ~ ~ ~ € w ~ p !cG ~~ ~ 8a 8E ~ ff 0 oooaoooooooaoooo o a ©o00 00000®®00 00 ®ooaoo N - i I -,~ ~~ ~ . ~~ ~ ~ I I j _ ~ IZ~ ~ ~ ~ ~ p ,~ I~ i ~ ~ x ~~i~,i ~ ~ r I. ~ ~ ~ ~, I ~„ i A .. ~ p-I ~r t- x ~ ~ o i n I I' i '--i i ,~ Fx J o ~. .__ ._ ~ __ I ~' ., ~I I. ~ l: ~ ~ p _ i j. ~_~__ ~ ~~~ a ~ 4 R ~ - -- i -- ---- - a -- - ~- - ti ~ ~ ` i ,v . G ~ p e ~ ~ ~ ~, ~~ __ ~~ __~_ __ __ _ __ . A 'z P II~ ;., . ~ e - _ _ ~. a _ ____ ~ i _ __-__- i. ,. ~ L--S -------- ---- - --J: -- -- - - omssn ~ ~ • ~ ®A I u ;_ ~ " ~• i ` i -~I+ - ~ r m an i ~ i ' __ _ ___ _____ f 'Y Fi a I i 4 ® . _ 1 i i1~ + 1 a ' I; - ,. ~ a I ~ ~ x ~ , -- - ~ ~F ~ ~~ dw m I - - 1_ _ - ~ -- G _ E a ~. ~ ~ - q ~ ~ _ _ --- en.~ - - - _ _ .: - - L ,. - - __~J_~__ ~~3 L ~~~_ ~___ 3 __-___3__ ___~ _______~ T , ~ ~ IT c i z ! ~ • 0 . ErI ~,~ ~,.,.~.m.a..,~..,,~, M....,, .:,a~.,..~..~.~.o,,,~„rud,..,~,..~,~..~.. ch w ~ ~ O w m ~ ~ N 2 ~j o W N Q W ~ j~W N a O Z W d M O ~ II o ~n W ~ ~ Z LLI W W ~ J OU rn p U Y n O h ~ O ~. x _. . _ J LL Q m N c°iy N ~ LL ~y F DUh z ~ ~~ ~> o h ~.. w H w m ~ ~ X ~ ~° z ~ ~ W W _ w J Z ~ ~ N Z .-, ~ ~ ~ M W u ": u ~ -vZa :- Z w O in V ~ r }' Z [V iD tD 4 M W ~ ~ W m ~ ~ c'7 2 ~ o W W ~ N Q j ~ W N d ~ ~ ; d M Q W ~ ~ p ~ Z LLI ~ ~ W J ~ f0 r ° V ~ p U ~' ~ ~ M ~ ~ z ~_ ~ y ~ ~,h ~ , ~ ~ ti 9"P 'c " . N I ~. ~i 1 I ~ i ~ r. L,. 61_ ~ y ~.~, n N ~ J LL Z 4 ~ m ~ p ~ m Z ~ F ~ ~1' Z O ~ p b ~q ~ j ;~ 3 w z0 eh ~ o _ a ~ r ~ U o~ ~ ~~ M y ~ ~ ~ O ,[ y Z ~ ~ ~ ~' ~ - M W // ~ ~y ~ ~ r ~ 4S = H ~ ~"' ~ ^ O '^ ~ ~ ~Q X cn = z > z > a ~ a c~ W F- ' ~ ~ F_ ~ w Z ~ W ° n Z ~ w •- Z ,.. M W -'~ o O > W ~ ~ 1. f M II p ~ , _~z~ Z O ui ~ M w U ~ _ i 6, r [ m V ~ c I.., M ~ O in ~ ~ Z n~ ~ Z 7 - ;;' 3' m i\ ~ M ~' _ _ ] 777 L ~ F w P '' ~ ~ ~ ~ ~ ~~ n F a~ ~ z ~ ~ o ~{ M U] ~~~8~ s KO - 1 /8/09 RESOLUTION NO. 2009-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2008-05 AS CONDITIONED TO SUBDIVIDE THE SECOND FLOOR OF THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET INTO 17 MEDICAL OFFICE CONDOMINIUMS (COUNTY MAP NO. 17257) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Tract Map No. 2008-05 (County Map No. 17257) to subdivide the second floor of the property located at 1945 East Seventeenth Street into 17 medical office condominiums. B. Tentative Tract Map No. 2008-05, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 12, 2009. C. For Tentative Tract Map No. 2008-05, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial (GC) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision is consistent with the General Commercial land use designation and all other elements of the General Plan. Policy 5.4 of the Land Use Element supports land uses which are consistent with the land use plan of the Land Use Element. This project is not located within any specific plan area of the City. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Resolution No. 2009-03 32A-1 ~ Page 1 of 6 The proposed project, as conditioned, conforms to all provisions of the zoning code, including landscaping, setbacks, parking, lot size and street frontage. No variances are required for this project. Existing infrastructure in the area is adequate to service the project. Covenants, Conditions and Restrictions (CC&Rs) are required for the project and needs to be approved by the City prior to City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the medical office and commercial building that has been constructed as subdivisions for condominium purposes do not affect the conformance of the building or the site. The 57,000 square foot building results in a floor area ratio (FAR) of .34 which is below the maximum (FAR) for the General Commercial (GC) General Plan land use designation. Additionally, the building is located on a previously developed site already containing other commercial and office buildings. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife of their habitat. The project site is located in an urbanized area, with no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The project will incorporate sewer, water and other necessary infrastructure improvements as conditioned in Development Project Review No. 2008-66. 6. The design or improvements of the proposed project will not cause conflict with easements acquired by the public at large for access through or use of property within the proposed project. Resolution No. 2009-03 3 2A-11 Page 2 of 6 The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since public access will be provided from Seventeenth Street. Seventeenth Street is an arterial street that was constructed according to City specifications. D. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15301. This Class 1 exemption allows for the subdivision of existing commercial buildings where no physical changes occur. Environmental Review No. 2008-182 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Tract Map No. Tentative Tract Map No. 2008-05 (County Map No. 17257) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of January, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2009-03 32A-12 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2009. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2009-03 3 2A-13 Page 4 of 6 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP N0.2008-05 (County Map No. 17257) Tentative Tract Map No. 2008-05 (County Map No. 17257) 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 Standards Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. Conditions, Covenants and Restrictions (CC&Rs) are required prior to final map approval addressing operational standards, common area maintenance, drainage, architecture, parking and circulation. The CC&Rs shall be recorded with the final map. 2. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 3. The tentative tract map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements, design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 4. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 5. All mechanical equipment, including gas, electric and water meters shall be appropriately screened from view from the street. 6. No exterior signage shall be permitted for second floor tenants. Exhibit A Resolution No. 2009-03 32A-14 Page 5 of 6 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foreggoing document described as: Resolution No. 2009-03 (Tentative Tract Map No. 2008-05 in this action by p acing a rue copy ereof enc-lose3in sea a enve opes a ressed as follows: Eric Nelson HPSC II, LLC 1234 East Seventeenth Street Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAM I REZ Resolution No. 2009-03 32A-15 Page 6 of 6 32A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: RESOLUTION SUPPORTING CITY'S APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM ?008-2009 GRANT -'"'? 1 F ~' CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION i - Adopt a resolution supporting an application for through the Environmental Enhancement and Mitigation additional parkway trees. DISCUSSION State Grant funds Program to provide The State of California Resource Agency has allocated grant funds to local, state, and federal governmental agencies and nonprofit organizations for projects to mitigate environmental impacts and improve air quality through the planting of trees. An application requesting $116,000 in grant funds was submitted to the State on December 22, 2008. The resolution authorizes the City to utilize the grant funds, if awarded, for new parkway tree plantings in the Washington Square, Santa Ana Memorial Park and Delhi neighborhoods. The resolution supporting the application is required for approval. ENVIRONMENTAL IMPACT The planting of additional trees life, deter vehicular pollution eliminate the heat island effect sidewalks and limited green space. is expected to improve the quality-of- caused by the adjacent freeways and caused by the asphalt streets, concrete FISCAL IMPACT There is no fiscal impact associated with this action. J`aCmes ~'~1 Ross Executi Director Public Works Agency 55A-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR URBAN NEIGHBORHOOD FOREST PLANTING Lss01/22/09 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 Legislature of the State of California has enacted California Streets and Highways Code §164.56, which is intended to provide $10 million annually for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and B. The Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and C. The procedures and criteria established by the Resources Agency require a resolution certifying City Council approval of submission of the application to the State; and D. The City will comply with the assurances set forth in the application; and E. If selected, the City of Santa Ana will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project. -Urban Neighborhood Forest Planting. Section 2. The City Council hereby approves the filing of an application for the Environmental Enhancement and Mitigation Program in the amount of $116,000 to fund the urban neighborhood forest planting project. Section 3. The City Council certifies that the City of Santa Ana will make adequate provisions for the operation and maintenance of the project. Section 4. The City Council appoints the City Manager or the Executive Director of the Public Works Agency, or their designee(s), as agent of the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not Resolution No. 2009-XXX 55A-2 Page 1 of 2 limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. Section 4. 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 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2009-XXX to Council of the City of Santa Ana on Date: Council, do hereby attest to and certify the be the original resolution adopted by the City Clerk of the Council City of Santa Ana 55A-3 Resolution No. 2009-XXX Page 2 of 2 Resolution No. 2009-XXX 55A-4 Page 3 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan (82-110) and amends the fiscal year 2008-2009 annual budget to create two job classifications and reallocate four positions to these classifications. DISCUSSION Due to the current economic recession and resultant impact on City finances, an analysis is being conducted on the feasibility of extending the park maintenance services provided by contractors to the remaining parks in the city. In the event this occurs, it will be necessary to monitor and oversee the performance of the contractors to ensure consistency and quality in the level of service provided. To that end, the Executive Director of Parks, Recreation and Community Services is proposing the creation of two job classifications titled Park Maintenance Inspector I and Park Maintenance Inspector II. These classifications will supervise and trouble-shoot the contractors' work on routine maintenance projects in the City's parks and properties. The Executive Director is further proposing the reallocation of two Park Maintenance Worker positions to the Park Maintenance Inspector I class and the reallocation of two Park Maintenance Leader positions to the Park Maintenance Inspector II class. As the new job classifications are placed at the same salary rate range as the reallocated positions, these changes will not result in any change in compensation. 55B-1 Proposed Amendment to Basic Classification and Compensation Plan February 2, 2009 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with these actions. Enri J lva Exec ive irector Personnel Services Agency ~" Gerar o Mouet Execu ive Director Parks, Recreation & Community Services Agency 55B-2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO ADD TWO NEW FULL TIME CLASSIFICATION TITLES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN, AND TO AMEND THE CURRENT ANNUAL BUDGET TO REALLOCATE FOUR POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110, revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On June 17, 2008, the City Council passed and adopted Ordinance No. NS-2768, which established the City's Annual Budget, authorized position allocations for Fiscal Year 2008-2009, and set forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. D. In order to monitor and oversee the performance of park maintenance contractors to ensure efficient and effective services, the Executive Director of the Parks, Recreation and Community Services Agency proposes to create two (2) full time classifications, and to reallocate four (4) positions in the current Annual Budget. Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby further amended by adding, in alphabetical sequence, the following classification titles at the monthly six-step salary rate range and effective date indicated: 6-Step Salary Rate (SRR) Effective 2/02/09 Monthly Salary Classification Title SRR Minimum-Maximum Park Maintenance Inspector I 556 $3144 - $4014* Park Maintenance Inspector II 600 $3896 - $4978* '` Base salary will be increased by approx. four percent (4%) effective 7/1/09 per agreement between City Council and the Service Employees International Union (SEIU). 55B-3 Section 3: That Ordinance No. NS-2768, the Annual Budget for Fiscal Year 2008-2009, as amended, shall be further amended by: A. Reallocating two (2) full time positions, with no change in salary, from the classification title of Park Maintenance Worker, Salary Rate Range (SRR) 556, to the classification title of Park Maintenance Inspector I, Salary Rate Range (SRR) 556. B. Reallocating two (2) full time positions, with no change in salary, from the classification title of Park Maintenance Leader, Salary Rate Range (SRR) 600, to the classification title of Park Maintenance Inspector II, Salary Rate Range (SRR) 600. Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, and Ordinance No. NS-2768 setting forth the Annual Budget for Fiscal Year 2008-2009, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative from and after February 2, 2009. ADOPTED this 2nd day of February, 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55B-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B-5 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET ~,r ~~ CITY MANAGER RECOMMENDED ACTION 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 Adopt a resolution that amends the City's Basic Classification and Compensation Plan (82-110) and amends the fiscal year 2008-2009 annual budget to add, delete, reallocate and adjust the compensation of several positions in the Community Development Agency. DISCUSSION The current economic climate has necessitated a series of cost-cutting measures in the Community Development Agency, including the elimination of several positions. This reduction has, in turn, prompted an internal review of the Agency's structure and functions in order to identify core responsibilities and distribute work in an equitable manner. As a result of this review, the Executive Director of Community Development is proposing the addition of one full-time Accounting Assistant position, a compensation increase to the Housing Authority Coordinator classification, and the deletion of two full-time Parking Meter Technician I positions. In addition, the Executive Director requests the reallocation of one Parking Meter Technician I position to Parking Meter Technician II and the reallocation of one full-time Senior Office Specialist position to Senior Accounting Assistant. These proposed changes will align duties and responsibilities with classifications at appropriate compensation levels and facilitate the Community Development Agency's ability to continue operating at full service levels. 55C-1 Proposed Amendment to Basic Classification and Compensation Plan February 2, 2009 Page 2 of 2 FISCAL IMPACT Assuming an effective date of February 1, 2009, the fiscal impact for the remainder of the fiscal year is as follows: Addition of one Accounting Assistant position: $22,350 Compensation increase to Housing Authority Coordinator: $4,015 Deletion of two Parking Meter Technician I positions: ($40,910) Reallocation one Senior Office Specialist position to Senior Accounting Assistant: $6,455 Reallocation of one Parking Meter Technician I position to Parking Meter Technician II: $3,250 The net fiscal impact of these changes is a cost savings of $4,840. APPROVED AS TO FUNDS AND ACCOUNTS: Enriqu va Execu e i ector Personnel Services Agency Cindy N on Executive Director Community Development Agency Francisco Gutierrez Executive Director Finance and Management Services Agency 55C-2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN, AND TO AMEND THE CURRENT ANNUAL BUDGET TO ADD, DELETE AND REALLOCATE POSITIONS IN THE COMMUNITY DEVELOPMENT AGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110, revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On June 17, 2008, the City Council passed and adopted Ordinance No. NS-2768, which established the City's Annual Budget, authorized position allocations for Fiscal Year 2008-2009, and set forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. D. In order to continue to provide efficient and effective services with diminished resources, the Deputy City Manager for Development Services proposes one (1) salary adjustment to more accurately reflect the duties and responsibilities of the classification, and to add one (1) position, delete two (2) positions, and reallocate two (2) positions in the current Annual Budget. Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby further amended by providing a salary adjustment to the following classification title, assigned to a six-step salary rate range, in the Community Development Agency: 6-Step Salary Rate Range (SRR) Effective 2/02/09 From Monthly Salary To Monthly Salary Classification Title SRR Min-Max SRR Min-Max Housing Authority Coordinator 698 $6291 - $8029* 718 $6937-$8853* 55C-3 Section 3: That Ordinance No. NS-2768, the Annual Budget for Fiscal Year 2008-2009, as amended, shall be further amended by: A. Adding one (1) full time position, in the Community Development Agency, as follows: 6-Step Salary Rate Range (SRR) Effective 2/02/09 Monthly Salary Classification Title SRR Minimum-Maximum Accounting Assistant 578 $3501 - $4470* B. Deleting two (2) full time Parking Meter Technician I positions, in the Community Development Agency, as follows: 6-Step Salary Rate Range (SRR) Effective 2/02/09 Monthly Salary Classification Title SRR Minimum-Maximum Parking Meter Technician I 560 $3205 - $4091 C. Reallocating two (2) full time positions, in the Community Development Agency, as follows: 6-Step Salary Rate Ranqe (SRR) Effective 2/02/09 Monthly Salary Classification Title SRR Minimum-Maximum From Parking Meter Technician I 560 $3205 - $4091 To Parking Meter Technician I I 590 $3710 - $4741 From Senior Office Specialist 529 $2758 - $3519* To Senior Accounting Assistant 593 $3765 - $4810* * Base salary will be increased by approx. four percent (4%) effective 7/1/09 per agreement between City Council and the Service Employees International Union (SEIU). Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, and Ordinance No. NS-2768 setting forth the Annual Budget for Fiscal Year 2008-2009, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative from and after February 2, 2009. ADOPTED this 2~d day of February, 2009. Miguel A. Pulido Mayor 55C-4 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. 2009- 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 55C-5 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN OPERATION BROTHERHOOD OF THE BADGE TO DONATE SURPLUS POLICE EQUIPMENT ~~ ~ducacion lsr CLERK OF COUNCIL USE ONLY: ~'~ ~{ •/ CI Y ANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2" d Reading ^ Implementing Resolution ^ Set Public Hearing For^ CONTINUED TO ,,~~ - ;;z - Cry FILE NUMBER Adopt a resolution authorizing the Police Department to participate in Brotherhood of the Badge International to donate surplus or expired, but serviceable, police equipment to the newly established government of Iraq and Afghanistan. DISCUSSION The United States Military Police is responsible for training police officers in the newly established governments of Iraq and Afghanistan. The mission of Brotherhood of the Badge International is to collect surplus police equipment from around the country and deliver it to US military authorities in Iraq and Afghanistan. They then provide this vital personal protection equipment to the civilian police personnel. Brotherhood of the Badge International has a singular goal of assisting peace officers worldwide with equipment and the necessary tools required to establish stability. The City of Santa Ana possesses holsters, ammo pouches, handcuff cases, mace holders, magazine pouches, radio holders, drop down holsters, duty jackets, tactical vests, ballistic vests, and helmets which are no longer used by the Police Department because they are surplus or expired. This equipment cannot be sold as surplus and is the type of surplus property that would be subject to destruction by the City. Thus, staff recommends donating the surplus or expired equipment to Brotherhood of the Badge International. FISCAL IMPACT T~hJere is no fiscal impact associated with this action. GC p~G- Paul M. Walter Chief of Police 55D-1 Pjcl12-23-08 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DONATION OF SURPLUS OR EXPIRED POLICE EQUIPMENT TO BROTHERHOOD OF THE BADGE INTERNATIONAL 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 United States Military Police (hereinafter "USMP") are responsible for training police officers in both Iraq and Afghanistan. The USMP have determined there is a significant need for used law enforcement ballistic vests and equipment such as leather gear, radio holders, and helmets. B. Brotherhood of the Badge International has been implemented to allow police departments holding surplus or expired but serviceable equipment to donate that equipment to the government of Iraq and Afghanistan for use by their Police Forces. C. The City of Santa Ana possesses holsters, ammo pouches, handcuff cases, mace holders, magazine pouches, radio holders, drop down holsters, duty jackets, tactical vests, ballistic vests, and helmets which are no longer used by the Santa Ana Police Department because they are surplus or expired. D. This equipment cannot be sold as surplus and is the type of surplus property that would be subject to destruction by the City. E. The City of Santa Ana, by and through the Santa Ana Police Department, wishes to donate the surplus/expired equipment to Brotherhood of the Badge International. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Chief of Police, or his designee, to donate, on behalf of the City of Santa Ana, surplus or expired equipment to Brotherhood of the Badge International for their use in Iraq and Afghanistan for peace keeping and stability operations. 55D-2 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 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: AYES: NOES: ABSTAIN Councilmembers Councilmembers Councilmembers 2009. Paula Coleman Assistant City Attorney NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2009-XXX to Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Council, do hereby attest to and certify the be the original resolution adopted by the City 55D-3 55D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: FY 2 0 0 8 EMERGENCY MANAGEMENT PERFORMANCE GRANT v/1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Fire Chief to submit a grant application through the State of California for the U.S. Department of Homeland Security, 2008 Emergency Management Performance Grant Program. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County in the amount of $25,134, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Approve an Appropriation Adjustment recognizing the 2008 Emergency Management Performance Grant funds and appropriate the same into the 2008 Emergency Management Performance Grant expenditure account. DISCUSSION The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Emergency Management Performance Grant Program (EMPG). The funds cover salary costs for SAFD personnel attending various Operational Area Emergency Operation Center planning and training meetings, and miscellaneous equipment for the City's Emergency Operation Center. 55E-1 2008 Emergency Management Performance Grant February 2, 2009 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase anticipated revenues in the Fire Department 2008 EMPG Grant revenue account by $25,134 (account no. 146-01-5350-11) and increase the 2008 EMPG Grant, expenditure account by the same amount (account no. 146-341-various). APPROVED AS TO FUNDS AND ACCOUNTS: C~~ G Marc Martin Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 55E-2 Iss:011409 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security, Emergency Management Performance Grant Program. B. Emergency Management Performance Grants provide funds to build state and local emergency management capabilities. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Fire Chief to submit a grant application in the amount of $25,134.00, to the California Office of Emergency Services, Office of Homeland Security for the fiscal year 2008 Emergency Management Performance Grant funding program. The grant funds will be used to implement emergency planning and preparedness measures, including EOC and communications training and testing. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute and submit all documents and take any actions necessary, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. 55E-3 Section 4. 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 , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF PUBLICATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55E-4 Exhibit B of ASR 11 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2008 EMERGENCY MANAGEMENT FERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this day of 200 ,which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and a municipal corporation, hereinafter referred to as i "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and accepted the Emergency Management Performance Grant from the Governor's Office of Emergency Services (hereinafter referred to as "the grant"). WHEREAS, the purpose of the grant is to support comprehensive emergency management at the state, tribal and local levels and to encourage the improvement of mitigation, preparedness, response and recovery capabilities for all hazards, as set forth in Attachment A hereto (08 EMPG Program Narrative), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and penmissible expenditures for the grant purposes. In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (EMPG City Application) hereto, which is attached hereto and incorporated herein by reference. 2. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 3. SUBGRANTEE shalt exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant shrntr zoos Page I of 4 Page 1 of 80 55E-5 Exhibit B of ASR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ib 17 18 19 20 2l 22 23 2a 25 26 27 28 property and equipment as aze necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the ~ grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in the Attachment C (Emergency Management Performance Grant Program: Recipient Subgrant Guide for Local Governments Fiscal Year 2008), which is attached hereto and incorporated herein by reference. 7. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, and C hereto. SUBGRANTEE shall notify COUNTY inunediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, or C hereto. 8. SUBGRANTEE and COUIv"TY shall be subject to examination and audit by the State I; Auditor General with respect to this Agreement for a period of three yeazs after final payment hereunder. 9. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGR.ANTEE's performance of this Agreement, including Attachments A, B, and C hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, and C hereto. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives ofthe parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. SherilT 2008 Page 2 of 4 Page 2 of 80 55E-6 1 2 3 4 S 6 7 8' 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit B of ASR t 1. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 1 Z. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, and C hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of thc covenants contained in this Agreement, including the applicable terms of Attachments A, B, and C hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.. 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, and C hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. // // // // // sh~;rr zoos Page 3 of 4 Page 3 of 80 55E-7 Exhibit B of ASR 1 2 3 4 SI 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // 11 [N WITNESS WHEREUF, the parties have executed this Agreement in the County of Orange, State of California. DATED: ~ : ~ ~ `%' , 200 ~~ COUNTY OF ORANGE, a political subdivision of the State of California ~i t ,, , ,. ,. ~ --- ~. By ~ ~---~>=-=' -- r ~-~x=> Sheri~"Coron "COUNTY" APPROVED AS TO FORM: COUNTY COUNSEL By ~/i GG~ (~i0~`~-- Nicole A. Sims, Deputy DATED: Zz ,200d DATED: ,200_ SUBGRANTEE: By ATTEST: City Clerk DATED: .200 Sheriff ?008 Page 4 of4 Page 4 of 80 55E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: APPROPRIATION ADJUSTMENTS TO VARIOUS CITY ACCOUNTS G~~~---- CITY MANAGER RECOMMENDED ACTION 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 Direct the City Manager and Director of Finance and Management Services to make appropriation adjustments to the City's adopted FY 2008-09 General Fund Budget as listed in Exhibit A. DISCUSSION In response to a faltering economy, the Mayor, Council, and Executive Management Team have been working continuously to identify strategies to ensure the City's current General Fund budget remains in balance. In addition to developing reduction plans, each City department and agency has conducted a review of its current budget allocation to determine line items which may be reduced. A detailed listing of allocation adjustments by department and account number is provided as Exhibit A. Most of the adjustments involve eliminating funding for currently vacant positions, as well as funding for supplies, contracts and other items where the funds are no longer required for this fiscal year. Care has been taken to ensure that the reductions do not affect basic operations for the remainder of this fiscal year, which ends on June 30, 2009. FISCAL IMPACT Approval of the appropriation adjustments as listed in Exhibit A will assist in reducing the General Fund deficit by $5,770,170. APPROVED AS TO FUNDS AND ACCOUNTS: ,~ Catherine andifo d Francisco Gutierrez Assistant City Manager Executive Director City Manager's Office Finance & Mgmt. Services Agency 65A-1 EXHIBIT A FY08-09 MID-YEAR BUDGET ADJUSTMENTS Account Description Amount Ciry Manager's Office & Council Support: 011-009-6251 Other Agency Services 3,000 011-009-6391 Operating Materials & Supplies 7,700 011-010-6111 Salaries & Wages Regular 25,101 O l 1-010-6151 Retirement Plan 2,108 011-010-6161 Medicare Insurance 364 011-010-6171 Employees Insurance 1,223 Ol 1-010-6172 Retiree Medical Insurance 351 011-010-6181 Compensation Insurance 261 011-010-6221 Training & Transportation 5,750 011-010-6391 Operating Materials & Supplies 3,000 011-011-6221 Training & Transportation 10,000 011-011-6251 Other Agency Services 20,000 011-011-6313 Office Operations 15,000 93,858 Clerk of the Council: 011-021-6291 Other Contractual Services 129,000 Ciry Attorney's Office: 011-031-6131 Salaries & Wages Temporary 8,000 O11-031-6141 Salaries & Wages Overtime 500 011-031-6221 Training & Transportation 10,000 011-031-6391 Operating Materials & Supplies 12,000 011-031-6651 Books, Records & Video 2,500 33,000 Personnel Services: 011-141-6131 Salaries & Wages Temporary 103,000 Finance & Mgmt. Services: Ol 1-171-6111 Salaries & Wages Regular 49,644 011-171-6151 Retirement Plan 4,221 011-171-6161 Medicare Insurance 730 011-171-6171 Employees Insurance 11,360 011-171-6172 Retiree Medical Insurance 705 011-171-6181 Compensation Insurance 525 011-171-6221 Training & Transportation 10,000 011-171-6391 Operating Materials & Supplies 2,000 011-172-6221 Training & Transportation 6,000 6~~5 2 EXHIBIT A FY08-09 MID-YEAR BUDGET ADJUSTMENTS Account Description Amount 011-172-6251 Other Agency Services 1,500 011-173-6111 Salaries & Wages Regular 64,801 011-173-6151 Retirement Plan 5,443 011-173-6161 Medicare Insurance 940 011-173-6171 Employees Insurance 8,064 Ol 1-173-6172 Retiree Medical Insurance 907 011-173-6181 Compensation Insurance 675 Ol 1-173-6221 Training & Transportation 5,800 011-173-6251 Other Agency Services 2,200 011-173-6391 Operating Materials & Supplies 4,500 011-175-6221 Training & Transportation 1,000 011-175-6391 Operating Materials & Supplies 11,500 011-179-6211 Communications 27,700 011-179-6221 Training & Transportation 30,572 011-179-6291 Other Contractual Services 215,000 465,787 Library Services: 011-212-6651 Books, Records & Video 75,000 011-213-6111 Salaries & Wages Regular 312,422 011-213-6651 Books, Records & Video 10,000 011-214-6291 Other Contractual Services 35,000 011-216-6291 Other Contractual Services 64,000 496,422 Parks, Recreation and Community Svs Agency: 011-232-6291 Other Contractual Services 8,000 011-232-6391 Operating Materials & Supplies 2,000 011-247-6111 Salaries & Wages Regular 54,582 011-247-6151 Retirement Plan 4,585 011-247-6161 Medicare Insurance 791 011-247-6171 Employees Insurance 13,830 011-247-6172 Retiree Medical Insurance 764 011-247-6181 Compensation Insurance 1,616 O l 1-250-6111 Salaries & Wages Regular 139,454 011-250-6151 Retirement Plan 11,715 Olt-250-6161 Medicare Insurance 1,251 011-250-6171 Employees Insurance 26,719 011-250-6172 Retiree Medical Insurance 1,953 011-250-6181 Compensation Insurance 19,119 286,379 6~~5 3 EXHIBIT A FY08-09 MID-YEAR BUDGET ADJUSTMENTS Account Description Amount Police Department: 011-332-6111 Salaries & Wages Regular 166,405 011-332-6151 Retirement Plan 36,990 011-332-6161 Medicare Insurance 2,645 011-332-6171 Employees Insurance 29,125 011-332-6181 Compensation Insurance 11,250 011-332-6291 Other Contractual Services 10,000 011-333-6111 Salaries & Wages Regular 188,205 011-333-6151 Retirement Plan 51,705 Olt-333-6161 Medicare Insurance 1,895 011-333-6171 Employees Insurance 23,040 011-333-6172 Retiree Medical Insurance 500 011-333-6181 Compensation Insurance 16,960 011-334-6111 Salaries & Wages Regular 314,610 011-334-6151 Retirement Plan 86,425 011-334-6161 Medicare Insurance 5,015 011-334-6171 Employees Insurance 42,405 011-334-6172 Retiree Medical Insurance 1,400 011-334-6181 Compensation Insurance 28,350 011-337-6111 Salaries & Wages Regular 118,830 011-337-6151 Retirement Plan 32,645 011-337-6161 Medicare Insurance 1,895 011-337-6171 Employees Insurance 13,740 011-337-6172 Retiree Medical Insurance 975 011-337-6181 Compensation Insurance 10,710 011-338-6111 Salaries & Wages Regular 189,275 O11-338-6151 Retirement Plan 17,390 011-338-6161 Medicare Insurance 3,000 011-338-6171 Employees Insurance 27,370 011-338-6172 Retiree Medical Insurance 1,555 011-338-6181 Compensation Insurance 4,390 011-340-6221 Training & Transportation 8,000 011-341-6221 Training & Transportation 8,000 O11-342-6111 Salaries & Wages Regular 118,830 011-342-6151 Retirement Plan 32,645 011-342-6161 Medicare Insurance 1,895 011-342-6171 Employees Insurance 14,715 011-342-6181 Compensation Insurance 10,710 011-344-6221 Training & Transportation 9,000 011-345-6111 Salaries & Wages Regular 52,465 6 5~-4 EXHIBIT A FY08-09 MID-YEAR BUDGET ADJUSTMENTS Account Description Amount Ol 1-345-6151 Retirement Plan 4,790 011-345-6161 Medicare Insurance 825 011-345-6171 Employees Insurance 13,685 011-345-6172 Retiree Medical Insurance 800 011-345-6181 Compensation Insurance 595 011-346-6111 Salaries & Wages Regular 68,245 011-346-6151 Retirement Plan 6,230 011-346-6161 Medicare Insurance 1,075 011-346-6171 Employees Insurance 13,685 011-346-6172 Retiree Medical Insurance 555 011-346-6181 Compensation Insurance 2,195 011-348-6111 Salaries & Wages Regular 74,165 011-348-6151 Retirement Plan 6,770 011-348-6161 Medicare Insurance 1,170 011-348-6171 Employees Insurance 14,415 011-348-6172 Retiree Medical Insurance 400 011-348-6181 Compensation Insurance 840 011-349-6111 Salaries & Wages Regular 105,965 011-349-6151 Retirement Plan 9,675 011-349-6161 Medicare Insurance 1,670 011-349-6171 Employees Insurance 27,370 011-349-6172 Retiree Medical Insurance 1,615 011-349-6181 Compensation Insurance 1,200 011-350-6291 Other Contractual Services 14,000 011-350-6391 Operating Materials & Supplies 10,000 2,076,895 Fire Department: Ol 1-321-6111 Salaries & Wages Regular 69,330 O 11-321-6151 Retirement Plan 6,135 011-321-6161 Medicare Insurance 895 011-321-6171 Employees Insurance 7,820 011-321-6181 Compensation Insurance 200 011-323-6111 Salaries & Wages Regular 758,900 011-323-6151 Retirement Plan 165,200 011-323-6161 Medicare Insurance 10,000 011-323-6171 Employees Insurance 571,100 011-323-6172 Retiree Medical Insurance 12,100 011-323-6181 Compensation Insurance 93,870 011-325-6111 Salaries & Wages Regular 111,850 011-325-6151 Retirement Plan 30,090 6~~5-5 EXHIBIT A FY08-09 MID-YEAR BUDGET ADNSTMENTS Account Description Amount 011-325-6171 Employees Insurance 6,690 011-325-6181 Compensation Insurance 3,500 1,847,680 Planning & Building Agency: Olt-503-6131 011-503-6151 011-503-6161 Olt-503-6181 011-505-6111 Olt-505-6131 Ol 1-505-6151 011-505-6161 011-505-6171 011-505-6172 011-505-6181 011-508-6111 011-508-6151 011-508-6161 011-508-6171 011-508-6181 Salaries & Wages Temporary Retirement Plan Medicare Insurance Compensation Insurance Salaries & Wages Regular Salaries & Wages Temporary Retirement Plan Medicare Insurance Employees Insurance Retiree Medical Insurance Compensation Insurance Salaries & Wages Regular Retirement Plan Medicare Insurance Employees Insurance Compensation Insurance 25,973 2,182 377 240 112,863 17,878 9,481 1,895 16,235 200 1,433 36,995 4,536 783 6,517 5(1 Grand Total 238,149 S, 770,170 65~-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: RESTRUCTURE CITY BOARDS, CONIl~RISSIONS, AND COI~lITTEES (APPOINTIVE BOARDS) 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 CI MANAGE RECOMMENDED ACTION Direct the City Attorney to modify the structure of the Committees (appointive boards) draft the documents necessary to City's boards, commissions, and as per Council direction. DISCUSSION Over the last several months, the City's Executive Management team has been discussing the City`s budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public. As part of these discussions, the current structure of the City's appointive boards and their cost has been examined. The City Charter establishes three appointive boards, including the Personnel Board, Planning Commission, and the Board of Recreation and Parks, which were empowered with specified duties contained within the Charter. The City Charter also authorized the City Council to create other appointive bodies as needed to render counsel on municipal matters. The Council has used this Charter authority to respond to the changing needs of the City. There are currently ten appointive boards established by ordinance, resolution, or Joint Powers Agreement, in addition to the three entities created by the City Charter. Each appointive board is assigned to a liaison City agency, which provides administrative staff support. Additionally, the Clerk of the Council and the City Attorney provide support or advice to all appointive boards. 65B-1 Restructure City Boards and Commissions February 2, 2009 Page 2 The respective agencies have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. In the 2007-08 Fiscal Year, the total cost of supporting the various appointive boards was $656,615.72. Attached is a cost breakdown by board (Exhibit A). Agencies also reviewed the priority issues traditionally considered by the various appointive boards, as well as those commonly discussed by City Council Committees (e.g., Public Safety Committee, Development Committee, Transportation Committee, and Parks, Recreation, Education and Youth Committee) and identified opportunities for realignment or reassignment of functions and responsibilities. Based upon this review, the City's Executive Management team recommends that the ordinances or resolutions establishing the Early Prevention and Intervention Commission (EPIC), Environmental and Transportation Advisory Committee, Historic Resources Commission, Human Resources Commission, Library Board, and Youth Commission be repealed. It is further recommended that all powers and duties conferred on the Historic Resources Commission and the responsibilities currently provided by the Environmental and Transportation Advisory Committee (ETAC) regarding removal or disposition of public trees be transferred to the Planning Commission. The remaining responsibilities of ETAC, as well as the duties of EPIC and the Youth Commission should be assumed by the appropriate City Council Committee. Duties currently performed by the Library Board, including all matters regarding programs, usages and services of the library other than administrative matters should be transferred to the Recreation and Parks Board. There are no recommended changes to the duties or responsibilities of the Community Redevelopment and Housing Commission, Personnel Board, Workforce Investment Board, Civic Center Commission, or Santa Ana Empowerment Corporation Board at this time. However, staff is recommending that Municipal Code Section 2-325 related to compensation for members of boards and commissions be amended to limit the number of meetings for which members will receive compensation. Finally, the structure of the City's appointive boards should be reviewed by the City Manager and the City Council periodically to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council has established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social 65B-2 Restructure City Boards and Commissions February 2, 2009 Page 3 service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. FISCAL IMPACT Realignment of the City's Boards and Commissions as recommended above will save the City's General Fund approximately $280,000, will save approximately $72,000 in City Enterprise Funds, and will save approximately $72,250 in Community Redevelopment Funds. 65B-3 N M M M M O M U ~ h h 0 O O i h b M b Q p aD R n 0 N ti N NNh f vMj, M M M n 41 H M M b ti n b h N. N b h q a O ^ O vi ~/1 ~'1 ~D N ~ ^ M 1~ Q N M N M O` Q Op f~ M Q Op M 01 ~ 1 N N ~ f N REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PUBLIC HEARING - RESOLUTION MODIFYING THE FEES FOR ENTERPRISE ZONE VOUCHER APPLICATION, PARKING VIOLATIONS, AND ZOO ADMISSION 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 Adopt a resolution to modify the fees for the Enterprise Zone Hiring Tax Credit Voucher application, parking violations, and Zoo admission. DISCUSSION The FY 2008-09 Miscellaneous Fee Schedule was established by City Council with the adoption of the FY 2008-09 budget. It has now become necessary to review and adjust for the costs of providing some of the programs, activities, and services as outlined on Exhibit 1 and further described below. The City of Santa Ana has been designated as an Enterprise Zone (EZ) by the State of California since 1993. The Santa Ana Enterprise Zone encompasses more than 7,100 acres of industrial and commercial land. Businesses located within the EZ qualify for certain tax incentives, including the Hiring Tax Credit. The Community Development Agency collects these Hiring Tax Credit voucher applications and the associated processing fee from the businesses and issues vouchers. The current $40 fee includes a $10 processing fee assessed by the State Department of Housing and Community Development. The EZ Hiring Tax Credit voucher application processing fee has remained the same since 2006. As costs to administer the voucher program have increased significantly during the past few years, staff recommends increasing the processing fee to $90 per application to recover 85 percent of the associated expenses. The proposed $90 application fee, which includes the $10 State processing fee, will place Santa Ana in the top twenty percent among other local Enterprise Zones that charge processing fees for the voucher program. The Parks, Recreation and Community Services Agency proposes to increase the admission fees to the Santa Ana Zoo at Prentice Park by one dollar ($1.00). The modest increase will be used to help offset the costs of operating the Zoo. Recent new improvements, including the endangered 75A-1 FY 08-09 Misc. Fee Schedule Modifications February 2, 2009 Page 2 species carousel, have added value and will significantly enhance the experience for Zoo visitors. In addition, the Tierra De Las Pampas exhibit and three additional small monkey exhibits are currently under construction and scheduled to open next fiscal year. California Government Code ~ 70372 currently requires that for every parking offense where a penalty, fine, or forfeiture is imposed, an added state court penalty of one dollar and fifty cents ($1.50) is to be included in the total penalty, fine, or forfeiture. The penalties are required to be deposited with the county on a monthly basis, who then transmits the moneys to the State Controller for deposit in the State Court Facilities Construction Fund. Effective January 1, 2009, California Senate Bill 1407 amended this code to increase the state court construction penalty by an additional three dollars ($3.00). Therefore, it is necessary for the City of Santa Ana to also incorporate this increase into all parking violation fees. FISCAL IMPACT It is estimated that the proposed changes to fee schedule will generate an additional $62,500 in general fund revenue and $70,000 in Community Development Agency revenue for the remainder of the fiscal year. Cynt is J. elson Deputy City Manager for Development Services Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ Francisco Gutierrez Executive Director . Finance & Mgmt. Services Agency ~~ Gerardo Mouet Executive Direc r Parks, Recreati n, and Community Services Agency ~t ~~ ~4 Jay M. Trevino Executive Director Planning and Building Agency Paul M. Walters Chief of Police Police Department 75A-2 EXHIBIT 1 RESOLUTION 2009-XXX EXISTING PROPOSED REVENUE FY 08-09 FY 08-09 '% ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANGE SECTION III COMMUNITY DEVELOPMENT AGENCY 570-01-5630 Enterprise Zone Hiring Tax Credit Application Processing Fee Per Application 40.00 90.00 125.00% SECTION VII PARKS, RECREATION & COMMUNITY SERVICES .SANTA ANA ZOO AT PRENT/CE PARK 5585 Zoo Admissions (Full-Day) Adult Each 6.00 7.00 16.67""/0 Child/Senior Each 3.00 4.00 33.33 Groups: Adult (w/schools, scouts, etc.) Each 4.00 5.00 25.00 Child/Senior Each 2.00 3.00 50.00 5585 Zoo Admissions (Half-day, after 2:00 PM, Monday-Friday) Adult Each 3.00 3.50 16.67% Child/Senior Each 1.50 2.00 33.33% SECTION V POLICE DEPARTMENT 5215 Parking a vehicle within 300 ft. of fire apparatus answering a fire alamt Pursuant to SAMC Sec. 36-41(7) Each 48.00 51.00 6.25 5215 Permit required Special Parking District Pursuant to SAMC Sec. 36-493 (a) Each 39.00 42.00 7.69 5215 Pazking in a red zone Pursuant to SAMC Sec. 36-131(1) Each 48.00 51.00 625% 5215 Parking in a yellow zone Pursuant to SAMC Sec. 36-13 ] (2) Each 31.00 34.00 9.68 5215 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 31.00 34.00 9.68 5215 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 31.00 34.00 9.68 5215 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 103.00 106.00 2.91 5215 Parking in a "No Parkin' zone Pursuant to SAMC Sec. 36-132 Each 60.00 63.00 5.00% 5215 No parking-street sweeping Pursuant to SAMC Sec. 36-133 Each 55.00 58.00 5.45 5215 Parking in violation of"'emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 60.00 63.00 5.00 5215 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 39.00 42.00 7.69% 5215 Stopping, standing or parking a vehicle w/in parkway Pursuant to SAMC Sec. 36-135(6) Each 39.00 42.00 7.69% 5215 Parking at certain places and f'or certain purposes Pursuant to SAMC Sec. 36-136 Each 39.00 42.00 7.69 5215 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 55.00 58.00 5.45 1 75A-3 EXHIBIT 1 RESOLUTION 2009-XXX EXISTING PROPOSED REVENUE FV OS-09 FY 08-09 '% ACCOUNT DEPARTMENT/1111SCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANGE, SECTION V POLICE DEPARTMENT 5215 Parking over 72 hours Pursuant to SAMC Sec. 36-136(6) Each 55.00 58.00 5.45 5215 Parking on IeR side of one-way roadway Pursuant to SAMC Sec. 36-136(d) Each 31.00 34.00 9.68 5215 Parking outside of lapping mazked parking Pursuant to SAMC Sec. 36-138(a) Each 39.00 42.00 7.69 5215 Angle parking prohibited in certain areas Pursuant to SAMC Sec. 36-139 Each 39.00 42.00 7.69""/0 5215 Parking in restricted areas. Time limit parking Pursuant [o SAMC Sec. 36-142 Each 39.00 42.00 7.69 5215 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 31.00 34.00 9.68 521.5 Parking any commercial vehicle over 10,000 lbs. in a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 70.00 73.00 4.29% 5215 Parking on City property Pursuant to SAMC Sec. 36-147 Each 31.00 34.00 9.68 5215 Parking on property of Joint Powers Agency-city is member Pursuant to SAMC Sec. 36-147.1 Each 31.00 34.00 9.68 5215 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) Each 48.00 51.00 6.25 5215 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 48.00 51.00 6.25 5215 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec. 36-432(2) Each 48.00 51.00 6.25 5215 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) Each 60.00 63.00 5.00 5215 Red no parking areas-striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 48.00 51.00 6.25 5215 Parking outside/across designated parking lines Pursuant to SAMC Sec. 36-432(6) Each 39.00 42.00 7.69 5215 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 39.00 42.00 7.69 5215 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(1 ]) Each 39.00 42.00 7.69% 5215 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 48.00 51.0(1 6.25 5215 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) Each 77.00 80.00 3.90""/0 5215 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 39.00 42.00 7.69% 2 7 5A-4 EXHIBIT 1 RESOLUTION 2009-XXX REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION V POLICE DEPARTMENT 5215 Parking within an intersection Pursuant to CVC Sec. 22500(a) 5215 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) 5215 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) 5215 Parking within 15 ft. of driveway entrance of fire station Pursuant [o CVC Sec. 22500(d) 5215 Parking on a sidewalk Pursuant to CVC Sec. 22500(f) 5215 Obstructing traf5c by stopping, standing or parking alongside highway obstruction Pursuant [o CVC Sec. 22500(8) 5215 Double Parking Pursuant to CVC Sec. 22500(h) 5215 Parkin8 upon a brid8e Pursuant to CVC Sec. 22500(k) 5215 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) 5215 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) 5215 Parked within I S feet of fire hydrant Pursuant to CVC Sec. 22514 5215 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec. 22515(a) 5215 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) 5215 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) 5215 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) 5215 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 5215 No Vehicle Front/Rear License Plate Pursuan[to CVC Sec. 5200 5215 Stopping/Parking in a Fire Lane Pursuant to CVC Sec. 22500.1 5215 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 (e) 3 75A-5 EXISTING PROPOSED FY OS-09 FV OS-09 '%~ UNIT FEES FEES CHANGE Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 46.00 49A0 6.52 Each 46.00 49.00 6.52% Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 46.00 49.00 6.52 Each 52.00 55.00 5.77 Each 368.00 371.00 0.82 Each 368.00 371.00 0.82 Each 368.00 371.00 0.82""/0 Each 82.00 55.00 3.66 Each 82.00 85.00 3.(i6% Each III .00 114.00 2.70 Each 46.00 49.00 G.52 % EXHIBIT 1 RESOLUTION 2009-XXX RF,VENUE ACCOUNT DEPARTMENTlMISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY 5212 Conunercial Vehicle Violation: Private Property First Violation Second Violation Third Violation 5215 Commercial Vehicle Violation: Public Streets First Violation Second Violation Third Violation Program admini.vlcrad by Police Dcpar(menl 5212 Yard Parking Violation First Violation Second Violation Third Violation Pursuant to SAMC Sec 41-6071(e) 5212 Displaying Vehicle For Sale First Violation Second Violation Third Violation Pursuant to SAMC Sec 41-1301(a) 4 75A-6 EXISTING PROPOSED FY OS-09 FY OS-09 '%. UNIT FEES FEES CHANGE 61.00 64.00 4.92 95.00 98.00 3.16 120.00 123.00 2.50 61.00 64.00 4.92 95.00 98.00 3.16 120.00 123.00 2.50 G 1.00 64.00 4.92 95.00 98.00 3.16 120.00 123.00 2.50 61.00 64.00 4.92 95.00 98.00 3. I6 120.00 123.00 2.50 bk:5/27/03 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING FEES FOR ENTERPRISE ZONE VOUCHER APPLICATIONS, PARKING VIOLATIONS AND ZOO ADMISSION AND REPEALING IN PART RESOLUTION NO. 2008-041 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. The FY 2008-09 Miscellaneous Fee Schedule was established by the City Council by Resolution No. 2008-041. Various agencies of the City have continued to analyze the cost to administer the various programs, activities and applications for which the City charges, fees or service charges, and recommend certain modifications of this Resolution to adjust for increased costs to provide the programs, activities and services outlined herein. B. The City of Santa Ana has been designated as an Enterprise Zone ("EZ") by the State of California since 1993. The Santa Ana Enterprise Zone encompasses more than 7,100 acres of industrial and commercial land. Businesses located within the EZ qualify for certain tax incentives, including a significant Hiring Tax Credit. The Community Development Agency collects and processes Hiring Tax Credit voucher applications and the associated processing fee from the businesses and issues vouchers that can be used as tax deductions. In large part because of its active hiring tax voucher program, the City of Santa Ana has been recognized as the top Enterprise Zone performer in the state. C. The current $40 fee includes a $10 processing fee assessed by the State Department of Housing and Community Development. The EZ Hiring Tax Credit voucher application processing fee has remained the same since 2006. As costs to administer the voucher program have increased significantly during the past few years, staff recommends increasing the processing fee to $90 per application to recover eighty-five percent (85%) of the City's expenses in processing applications for tax credit vouchers. The proposed $90 application fee, which includes the $10 State processing fee, will place Santa Ana in the top twenty percent among other local Enterprise Zones that charge processing fees for the voucher program. D. The Parks, Recreation and Community Services Agency has recommended that the Council increase the admission fees to the Santa Ana Zoo at Prentice Park by one dollar ($1.00). This modest increase will be used to help offset the costs of operating the Zoo. Recent new improvements, including the endangered 75A-7 species carousel, have added value and will significantly enhance the experience for Zoo visitors, and this modification will prepare the Zoo for the upcoming Tierra De Las Pampas exhibit and three additional small monkey exhibits. E. The City charges individuals who violate State and local parking laws with fines. Effective January 1, 2009, California Senate Bill 1407 amended state law to require the City to transfer to the State three dollars ($3.00) per each parking fine it collects. Currently, the City does not charge the individual who has violated parking laws with State required fees. The $3.00 fee is used to pay for new state courthouses. Therefore, it is necessary for the City of Santa Ana to also incorporate this increase into all parking violation fees H. Based upon the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. Section 2: The modified charges, fees, and service charges set forth in Exhibit 1 to this Resolution, which is incorporated herein by this reference, are hereby adopted. Each charge, fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2008-041 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2008-041 is hereby repealed. Section 4: That without further action of the City Council said charges, fees and service charges shall be incorporated into the City's Miscellaneous Fee Schedule. Section 5: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 6: That except as otherwise may be required by state law, 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. 75A-8 ADOPTED this day of .2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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 75A-9 EXHIBIT 1 RESOLUTION 2009-XXX EXISTING PROPOSED REVENUE FY OS-09 FY OS-09 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANGE SECTION III COMMUNITY DEVELOPMENT AGENCY 570-O1-5630 Enterprise Zone Hiting Tax Credit Application Processing Fee Per Application 40.00 90.00 125.00 SECTION VII PARKS, RECREATION & COMMUNITY SERVICES SANTA ANA ZOO AT PRENTICE PARK 5585 Zoo Admissions (Full-Day) Adult Each 6.00 7.00 16.67 Child/Senior Each 3.00 4.00 33.33% Groups: Adult (w/schools, scouts, etc.) Each 4.00 5.00 25.00% Child/Senior Each 2.00 3.00 50.00% 5585 Zoo Admissions (Half-day, after 2:00 PM, Monday-Friday) Adult Each 3.00 3.50 ]6.67% Child/Senior Each 1.50 2.00 33.33 SECTION V POLICE DEPARTMENT 5215 Pazking a vehicle within 300 ft. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41(7) Each 48.00 51.00 6.25 5215 Permit required Special Pazking District Pursuant to SAMC Sec. 36-493 (a) Each 39.00 42.00 7.69 5215 Pazking in a red zone Pursuant to SAMC Sec. 36-131(1) Each 48.00 51.00 6.25% 5215 Pazking in a yellow zone PursuanttoSAMCSec.36-131(2) Each 31.00 34.00 9.68% 5215 Parking in a white zone PursuanttoSAMCSec.36-131(3) Each 31.00 34.00 9.68% 5215 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 31.00 34.00 9.68 5215 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 103.00 106.00 2.91 5215 Parking in a "No Pazking" zone Pursuant to SAMC Sec. 36-132 Each 60.00 63.00 5.00% 5215 No parking-street sweeping Pursuant to SAMC Sec. 36-133 Each 55.00 58.00 5.45% 5215 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 60.00 63.00 5.00 5215 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 39.00 42.00 7.69% 5215 Stopping, standing or parking a vehicle w/in parkway Pursuant to SAMC Sec. 36-135(6) Each 39.00 42.00 7.69 5215 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 39.00 42.00 7.69% 5215 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 55.00 58.00 5.45% 75A-10 EXHIBIT 1 RESOLUTION 2009-XXX EXISTING PROPOSED REVENUE FY OS-09 FY 08-09 ACCOUNT DEPARTMENT/MISCELLANEOIJS FEE OR SERVICE UNIT FEES FEES CHANGE SECTION V POLICE DEPARTMENT 5215 Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 55.00 58.00 5.45% 5215 Parking on left side ofone-way roadway Pursuant to SAMC Sec. 36-136(d) Each 31.00 34.00 9.68% 5215 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 39.00 42.00 7.69% 5215 Angle parking prohibited in certain areas PursuanttoSAMCSec.36-139 Each 39.00 42.00 7.69% 5215 Parking in restricted aeeas. Time limit parking Pursuant to SAMC Sec. 36-142 Each 39.00 42.00 7.69% 5215 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 31.00 34.00 9.68 5215 Parking any commercial vehicle over 10,000 lbs. in a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 70.00 73.00 4.29% 5215 Parking on Ciry property Pursuant to SAMC Sec. 36-147 Each 31.00 34.00 9.68 5215 Parking on property of Joint Powers Agency-city is member Pursuant to SAMC Sec. 36-147.1 Each 31.00 34.00 9.68% 5215 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) Each 48.00 51.00 6.25% 5215 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 48.00 51.00 6.25 5215 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec. 36-432(2) Each 48.00 51.00 6.25% 5215 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) Each 60.00 63.00 5.00 5215 Red no parking areas-striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 48.00 51.00 6.25 5215 Parking outside/across designated pazking lines Pursuant to SAMC Sec. 36-432(6) Each 39.00 42.00 7.69% 5215 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 39.00 42.00 7.69% 5215 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(1 l) Each 39.00 42.00 7.69% 5215 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 48.00 51.00 6.25% 52 ] 5 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) Each 77.00 80.00 3.90 5215 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 39.00 42.00 7.69 2 75A-11 EXHIBIT 1 RESOLUTION 2009-XXX EXISTING PROPOSED REVENUE FY 08-09 FY OS-09 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANCE SECTION V POLICE DEPARTMENT 5215 Pazking within an intersection Pursuant to CVC Sec. 22500(a) Each 46.00 49.00 6.52 5215 Parking within a crosswalk Pursuant to CVC Sec. 22500(6) Each 46.00 49.00 6.52 5215 Parking adjacent to safety zone Pursuantto CVC Sea 22500(c) Each 46.00 49.00 6.52% 5215 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) Each 46.00 49.00 6.52% 5215 Pazking on a sidewalk Pursuant to CVC Sec. 22500(f) Each 46.00 49.00 6.52 5215 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec.22500(g) Each 46.00 49.00 6.52% 5215 Double Parking Pursuant to CVC Sec. 22500(h) Each 46.00 49.00 6.52 5215 Parking upon a bridge Pursuantto CVC Sea 22500(k) Each 46.00 49.00 6.52% 5215 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) Each 46.00 49.00 6.52 5215 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sea 22502(e) Each 46.00 49.00 6.52 5215 Parked within 15 feet of fire hydrant Pursuant to CVC Sec. 22514 Each 46.00 49.00 6.52 5215 Unattended vehicle, stop motor and set breaks Pursuantto CVC Sec. 225I5(a) Each 52.00 55.00 5.77% 5215 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuantto CVC Sec. 22507.8(a) Each 368.00 371.00 0.82 5215 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(6) Each 368.00 371.00 0.82% 5215 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) Each 368.00 371.00 0.82% 5215 No Yeaz or Month License Plate Tab Pursuantto CVC Sec. 5204 Each 82.00 85.00 3.66% 5215 No Vehicle Front/Reaz License Plate Pursuant [o CVC Sec. 5200 Each 82.00 85.00 3.66% 5215 Stopping/Pazking in a Fire Lane Pursuant to CVC Sec. 22500.1 Each 111.00 114.00 2.70 5215 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 (e) Each 46.00 49.00 6.52 3 75A-12 EXHIBIT 1 RESOLUTION 2009-XXX REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY 5212 Commercial Vehicle Violation: Private Property First Violation Second Violation Third Violation 5215 Commercial Vehicle Violation: Public Streets First Violation Second Violation Third Violation Program administered by Police Department 5212 Yazd Parking Violation First Violation Second Violation Third Violation Pursuant to SAMC Sec 41-6071(e) 5212 Displaying Vehicle For Sale First Violation Second Violation Third Violation Pursuant to SAMC Sec 41-1301(a) EXISTING PROPOSED FY OS-09 FY OS-09 UNIT FEES FEES CHANGE 61.00 64.00 4.92% 95.00 98.00 3.16 120.00 123.00 2.50 61.00 64.00 4.92 95.00 98.00 3.16 120.00 123.00 2.50% 61.00 64.00 4.92 95.00 98.00 3.16% 120.00 123.00 2.50% 61.00 64.00 4.92% 95.00 98.00 3.16% 120.00 123.00 2.50° 5 75A-13 75A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PUBLIC HEARING FOR ABANDONMENT NO. 09-01: TO ABANDON A PORTION OF ROSS STREET AND A PORTION OF THE CIVIC CENTER ADJACENT TO THE STATE APPELLATE COURT ~•',, CITY MANAGER ~, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution of the City Council of Santa Ana abandoning a portion of the west side of Ross Street north of Santa Ana Boulevard and a portion of the Civic Center northeast of the Civic Center Parking Structure. DISCUSSION In 2005, the City approved the sale of the property at the northwest corner of Santa Ana Boulevard and Ross Street to the State of California for the construction of a new appellate courthouse. This transaction coincided with the construction of the Civic Center Parking Structure just south of City Hall. At the time, the limits of the property boundary sold were based on preliminary layouts for both the parking structure and courthouse. Upon further development of these sites, it became clear that the property line needed to be modified to better fit the proposed sites. Abandonment of City right-of-way at two locations is required to better fit the final site layouts; one on Ross Street and the other to the northwest of the parking structure in the Civic Center (Exhibit 1) . The portion of Ross Street to be abandoned is located behind the sidewalk and is not necessary for traffic circulation. The State is proposing to use the abandoned land to accommodate access to their site which will enhance the existing pedestrian circulation. This abandonment will also provide a consistent street right-of-way width along Ross Street. All effected utility companies have been contacted and no objections to the abandonment have been received. There are existing underground utilities within the proposed abandoned area including a Southern California Edison (SCE) vault and conduits; Time Warner conduits and City fiber option conduits. The proposed resolution will abandon the City's portion of the street with easement reservations for SCE, Time Warner and City facilities. 75B-1 Abandonment No. 09-O1 February 2, 2009 Page 2 The portion of the Civic Center to be abandoned is located at the northwest corner of the Civic Center Parking Structure. This location is not necessary for traffic and/or pedestrian circulation. The area is just east of the new plaza area at the north end of the parking structure. This abandonment will allow the future landscaping for the courthouse planned for this area to be on State property for them to maintain. All effected utility companies have been contacted and no objections to the abandonment have been received. There is an existing City water main and fire hydrant within the proposed abandoned area. The proposed resolution will abandon the City's portion of the Civic Center with an easement reservation for the water main. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2008-248 will be filed for this report. FISCAL IMPACT There is no fiscal impact associated with this action. James G. ss Executive Director Public Works Agency 75B-2 VACATION ~k2 ~ i .... PARKING STRUCTURE APPELLATE COURT SITE ~. P~ ~' GJ ~. ~J ~ /~ PPP .~'. ~ 5 ~~ ~ ~ i I ~ I i FXHIRIT 1 W VJ O Q i i i i i i i L ~ 1 ~ ~ VACATION #1 I ~_ 5TH STREET i SANTA ANA Title CITY COUNCIL PUBLIC HEARING ABANDONMENT NO. 09-01 P W q AGENDA DATE TO ABANDON PORTIONS OF ROSS STREET AND FEBRUARY 2, 2009 PORTIONS OF THE CMC CENTER ADJACENT ~~ .~5 ~~r TO THE STATE APPELLATE COURT Z w J N ,. i ,; r,r it RESOLUTION NO. 2009- 1/27/09 BK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO VACATE (1) A PORTION OF THE WEST SIDE OF ROSS STREET NORTH OF SANTA ANA BOULEVARD, AND (2) A PORTION OF THE CITY'S "CIVIC CENTER" WEST OF THE NEW COURT OF APPEAL (ABANDONMENT NO. 09-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council finds, determines and declares as follows: A. By adoption of Resolution No. 2009-001 on January 5, 2009, which was adopted pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council declared its intention to vacate (1) a portion of the west side of Ross Street north of Santa Ana Boulevard, and (2) a portion of the City's Civic Center west of the new Court of Appeal and northwest of the new parking garage. B. The two proposed vacation areas are described on the legal descriptions labeled Exhibit A (as "City to State Ross Street Parcel" and "City to State Parcel", respectively) and shown on the maps labeled Exhibit B, respectively, and attached hereto and made a part hereof by this reference. C. Said resolution gave notice that, at the hour of 6:00 P.M. or as soon thereafter as the matter can be heard on February 2, 2009, in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. D. This Council, at the time and place set for hearing, heard and considered any and all persons interested in or objecting to said proposed vacation of said alleys and received and considered all evidence submitted. E. The Council finds that the proposed vacations are not necessary for traffic circulation and are unnecessary for present or prospective public use. F. Pursuant to the provisions of § 892 of the Streets and Highway Code of the State of California, the proposed vacations are not useful as a nonmotorized transportation facility, as defined in § 887 of said Code. 75B-4 Section 2: The City Council of the City of Santa Ana hereby approves the vacations described above. Section 3: Pursuant to § 8340 of the Streets and Highways Code, the City Council reserves and excepts from the above vacations the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across said vacations and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. The City Council also reserves and excepts from the above vacations an easement for future street or highway purposes. Moreover, if there are any in-place public utility facilities that are in use, including but not limited to water mains and service, electrical facilities, fiber optic facilities, and cable TV facilities, the City Council reserves and excepts from the above vacations an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. Section 4: The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. Section 5: The abovesaid portion of Ross Street shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid street to vehicular and pedestrian traffic, as appropriate to allow for the construction of the public improvements prior to recordation of this resolution, is hereby approved pursuant to § 21101 of the California Vehicle Code. ADOPTED this day of , 2009. Miguel A. Pulido Mayor 75B-5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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. 2009- 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 75B-6 Page 1 of 2 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J-725 IRVINE, CA 92618 JULY 17, 2008 JN: 01027.13 EXHIBIT "A" LEGAL DESCRIPTION CITY TO STATE-ROSS STREET PARCEL THAT PORTION OF LOTS 1 AND 10, BLOCK "B" OF ROSS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 3, PAGES 534 AND 535 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SANTA ANA BOULEVARD, (WEST) AND ROSS STREET AS SHOWN ON RECORD OF SURVEY 95-1031, RSB 149/49-50, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID SANTA ANA BOULEVARD SOUTH 49°02'03" WEST 35.24 FEET; THENCE AT RIGHT ANGLES NORTH 40°57'57" WEST 54.00 FEET TO THE NORTHWESTERLY LINE OF SANTA ANA BOULEVARD AND THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 40°57'57" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 21.67 FEET THROUGH A CENTRAL ANGLE OF 49°39'26" TO A LINE PARALLEL WITH AND 53.00 FEET WESTERLY OF SAID CENTERLINE OF ROSS STREET; THENCE ALONG SAID PARALLEL LINE NORTH 00°37'23" WEST 111.77 FEET: THENCE NORTH 47°32'35" EAST 17.45 FEET TO A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF SAID CENTERLINE OF ROSS STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 00°37'23" EAST 112.83 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 20.80 FEET THROUGH A CENTRAL ANGLE OF 49°39'26"; F:UOB\2 0 0410 1 02 7.01 \SUR VEY\LegalDescriptionslLEGAL-CITY-TO-STATE-ROSS-ST.doc 75B-7 Page 2 of 2 THENCE SOUTH 49°02'03" WEST 17.52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 1,609 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY. THIS DESCRIPTION 1~S PREPARED BY ME OR UNDER MY DIRECTION. WILLIAM E. SN 'DATE - P.L.S. NO. 47 ~~ NP~ t,q REG. EXP: 09 30/09 ~0 ate. No.44~ ~ ~ EXP' G ~ clj, \Q. qTF CF C A~~F~~~ F:UOB12004\0l 027.01 \SURV EY\LegalDescriptions\LEGAL-CITY-TO-STATE-ROSS-ST.doc 75B-8 Page 1 of 2 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J-725 IRVINE, CA 92618 JULY 17, 2008 JN: 01027.13 EXHIBIT "A" LEGAL DESCRIPTION CITY TO STATE PARCEL THAT PORTION OF LOTS 4 AND 5, BLOCK "B" OF THE ROSS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 3, PAGES 534 AND 535 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SANTA ANA BOULEVARD, (WEST) AND ROSS STREET AS SHOWN ON RECORD OF SURVEY 95-1031, RSB 149/49-50, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID SANTA ANA BOULEVARD SOUTH 49°02'03" WEST 248.90 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 79.51 FEET THROUGH A CENTRAL ANGLE OF 05°41'39"; THENCE RADIAL TO SAID CURVE NORTH 35°16'18" WEST 54.00 FEET TO THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID SANTA ANA BOULEVARD AND THE WESTERLY LINE OF THE REAL PROPERTY DESCRIBED AS EXHIBIT "A" IN THE MEMORANDUM OF AGREEMENT RECORDED AS INSTRUMENT NO. 2006-000052301 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 00°37'23" WEST 342.65 FEET; THENCE NORTH 89°22'37" EAST 44.90 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 38.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 80°42'02" WEST; THENCE NORTHERLY ALONG SAID CURVE 37.94 FEET THROUGH A CENTRAL ANGLE OF 57° 12'05"; THENCE NORTH 78°48'18" EAST 11.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 33.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 26.84 FEET THROUGH A CENTRAL ANGLE OF 46°35'40"; THENCE SOUTH 00°37'23" EAST 51.08 FEET; F:UOB12004101027.011SUR VEY\LegalDescriptionsll,EGAL-CITY-TO-STATE-PARCEL. doc 75B-9 Page 2 of 2 THENCE SOUTH 89°22'37" WEST 21.10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 981 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY. THIS DESCRIPTION W EPARED BY ME OR UNDER MY DIRECTION. ~ _ d112.t lOtf WILLIAM E. SNOW ~ DATE P.L.S. NO. 4725 ~I,~ LA REG. EXP: 09/30/ 9 ~~~ E. ,,~, \;PM y~ 7 a. N 0 ~ Exp. cf' ~9T F of c F:UOB12004\01027.01\SURVEY\LegalDescriptions\LEGAL-CITY-TO-S"GA'T'E-PARCEL.doc ~i 75B-10 EXHIBIT 'B' SHEET 1 OF 1 CITY TO STATE-ROSS STREET PARCEL 5 4 3 2 1 40' U~ N47'3~'35"E 17.45' , .1 ~ ~ 0 A ~ ~ ~ O ' ` " %" ~ H S I ~ ,~ ~- _... ~ q q ~ ~~ ~ ~ N l N D ' p M ' ~Q[~~ T f` ,~ ~ v L / ~ r'~ ~ o i \ ~ / O ~ I N Q O i O Z Z 13' 6 7 8 9 o / MM 3~ ~ D= 49'39 26 ;.101 ; % 40' " ' ' ~ '`~~~ R=25.00 26 X49 39 L=21.67' R=24.00' ~~ L=20.80' 3 TPaB Hsu\s~ ~ S49'02'03"W 17.52' ~ Sj gyp" `l,~` ~ ',._ ... _ .. _ _._.__ _...._ __..__ ...__._ _.... __... ~ s F ~ FIFTH ST. ~~ A" ~ ' o 0~ S (ABANDONED) N ~ ~~~~" ~~~ , y ~, ~ 5 4 s ~~, i o ~'' 0~~~ ~ ~K q ~ SCALE: 1 "=60' ~ ~ s ~~ ~ a ~ ~ U L ~ y 1 v d X" ~ v ~J ~~ J } / ~p1. LAHa W ~ > / \~ s y~ ~ pM E , G~ ~ ~~. Sy L i. o 3~ EXPIRES ~~. ~ ~ N LEGEND o ~L ~ a SEPT. 30, 2009 m No. 4725 Q ~ a o ~% CITY TO STATE _ WILLIAM E. W DATE 9r Q~ ' ROSS STREET PARCEL. P.L.S. N0. 725 F v ~F° p 1609 SF, MORE OR LESS. REG. EXP: 9/30 09 F CAL o SKETCH TO ACCOMPANY SCALE: AS-SHOWN INC. PENCO ENGINEERING A LEGAL DESCRIPTION , DRAWN BY: REP Civil Engineering One Tea,naoey ~ Planning ~,~ J-TZ5 CITY O F CHECKED BY: WES Surveying ~, ~~ 926,E (949) 753-8711 SANTA A N A DATE: 06-11-08 CITY TO STATE-ROSS STREET PARCEL JOB No. 01027.13 75B-11 EXHIBIT 'B' CfTY TO STATE PARCEL 0= 46'35'40" ._ ......................... R=33 00' L=26.84' N78'48'18"E 11!.27' x=57"12'05" R=38.00' L=37.94' ,nn an=. ' 37"I ~V/1~ ~~~ rV~~/1'~ ~ rV1 W O W Z ~ ~ N /~ Z d F-1 Q r`] CO Q ~ ~ r7 N r Ml 0 z 00 z ~ O ~ N Z ~, w~ z~ ~o r I J ~ ~ O ~. w 1 pp N o~ 'n o %~ ~ 4 3 ,N89'22'37'4E 21.10' ~w ~ w 40' ~ ~ 53' ~ ~a i~ FIFTH ST. (ABANDONED) 5 _ _. _._ 4 _._ / ti ~°~ ~;~ ~ ~~ A 5~~~ ~ ~QO / ~~ ~ ~1~ ~' y 1 ~,5g ~ ~,~~. LEGEN D CITY TO STATE PARCEL 981 SF, MORE OR LESS. PENCO ENGINEERING, INC. Civil Engineering one Tedvido9Y Pa~c g J-T25 Surveying h~vr~e~, C~forr~ia 92618 (949) 753-8T11 WILLIAM E. S W DATE P.L.S. N0. 25 REG. EXP: 30 09 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CITY OF SANTA ANA CITY TO STATE PARCEL SHEET 1 OF 1 Q Q c~ N V W 0 N M J W U Q 2 W r 0 N r n U ,,,VIII 0 SCALE: 1 "=60' a i U v Q d N J r w y~O~pp L~ Ha SGT ~y ~ Sy L o ~' ,~~ EXPIRES o~ ~o 0 a SEPT. 30, 2009 ~ o \m No. 4725 ~ a 0 SCALE: AS-SHOWN DRAWN BY: REP CHECKED BY: WES DATE: 06-11-08 JOB No. 01027.13 ~~ 75B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2004-03 TO UPDATE THE AIRPORT ENVIRONS ELEMENT, AND ADDENDUMS TO LAND USE AND NOISE ELEMENTS ~~~~~ 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 Negative Declaration, Environmental Review No. 2004-136. 2. Adopt a resolution approving General Plan Amendment No 2004-03. PLANNING COMMISSION ACTION On October 13, 2008, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration, Environmental Review No. 2004-136 and adopt a resolution approving General Plan Amendment No 2004-03 by a vote of 5:0 (Gartner and Yrarrazaval absent) to update the City of Santa Ana's Airport Environs Element of the General Plan and to update the City's Land Use and Noise Elements. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). The Airport Land Use Commission of Orange County held a public hearing on December 18, 2008, and found the City of Santa Ana's Airport Environs Element consistent with the John Wayne Airport Environs Land Use Plan. FISCAL IMPACT There is no fiscal impact associated with this action. \ ~; Jay Trevino Executive Director Planning & Building Agency HS:rb hs\reports\gpa04-03 Airport Environs Element.cc 75C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 13, 2008 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2004-03 TO UPDATE THE AIRPORT ENVIRONS ELEMENT, AND ADDENDUMS TO LAND USE AND NOISE ELEMENTS Prepared by Hally Soboleske ~ 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 Manag 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004-136. 2. Adopt a resolution approving General Plan Amendment No 2004-03. DISCUSSION The Public Utilities Code (PUC) Section 21675 requires Airport Land Use Commissions (ALUC) to formulate a comprehensive land use plan [Airport Environs Land Use Plan (AELUP)] for the area surrounding each public airport. California Government Code Section 65302.3 requires local agencies to amend their general plans, as necessary, when the ALUC amends its AELUP. On November 15, 2007, the Orange County ALUC updated its AELUP. Some local agencies incorporate the goals of the AELUP into various elements of their General Plans, but the City of Santa Ana adopted a separate Airport Environs Element of the General Plan in 1987. The City has prepared an update to this Element to more effectively respond to current airspace issues. Additionally, the City's Airport Environs Element must also be reviewed by the ALUC for consistency with the revised AELUP. This consistency ruling provides substantial benefit to a compliant local agency. According to the AELUP, the ALUC may require an inconsistent local agency to submit all land use actions to the ALUC for review and determination. Once a local agency is deemed consistent with the AELUP, only General Plan or specific plan amendments, or adoption of a zoning ordinance or building regulation within a planning boundary established by the ALUC must be referred to the ALUC for a consistency determination. ~'S~R General Plan Amendment No. 2004-3 October 13, 2008 Page 2 Prod ect Description Components of the Airport Environs Element, Land Use Element and Noise Element that have been revised and/or updated include the following: Airport Environs Element The Airport Environs Element (Exhibit 1) is an optional element of the City of Santa Ana General Plan that is a long-range policy guide to safeguard the general welfare of the inhabitants within the City of Santa Ana in the vicinity of John Wayne Airport (JWA). Additionally, it provides guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City. Additionally, the Airport Environs Element establishes noise level standards for sensitive land uses that may be impacted by JWA. Maps that indicate the impact zones and the JWA Obstruction Imaginary Surface map have been added to the Element. The City map that defines the Federal Aviation Administration (FAA) Notification Area has been updated. Noise Element The City of Santa Ana Noise Element establishes interior and exterior noise level standards for land uses in the City. However, the noise level standards are currently inconsistent with the noise standards established in the Airport Environs Element. As part of this update, the exterior and interior noise standards in the Noise Element would be amended to provide consistency with other General Plan Elements. An addendum to the Noise Element (Exhibit 2) has been prepared to address these refinements. Land Use Element The proposed changes to the Land Use Element includes: 1) adding a description and purpose of the Airport Environs Element; 2) the identification of JWA as a known man-made risk and land use constraint; 3) the establishment of Land Use/Noise Compatibility standards; and 4) an amendment to the City's FAA Notification Map for consistency. An addendum to the Land Use Element (Exhibit 3) has been prepared to address these refinements. 75C-3 General Plan Amendment No. 2004-3 October 13, 2008 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, a Negative Declaration (Environmental Review No. 2004-136) has been prepared for this project (Exhibit 4). ~_"'~ Hally So oleske Associate Planner HS:jm hs\reports\gpa04-03 Airport Environs Element.101308.pc 75C-4 December 18, 2008 EXHIBIT 1 75C=5 75C-6 CITY OF SANTA ANA AIRPORT ENVIRONS ELEMENT CITY COUNCIL Miguel A. Pulido, Mayor Carlos Bustamante Claudia C. Alvarez, Mayor Pro Tem P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero PLANNING COMMISSION Christopher Leo, Chairman Eric M. Alderete, Vice Chairman Vacant (Ward 4) Patrick Yrarrazaval EXECUTIVE MANAGEMENT David N. Ream, City Manager Cathy Standiford, Assistant City Manager CITY ATTORNEY Joseph Fletcher, City Attorney Ben Kaufman, Chief Assistant City Attorney Kylee Otto, Deputy City Attorney PLANNING & BUILDING AGENCY Sean H. Mill Victoria Betancourt James R. Gartner Jay M. Trevino, Executive Director Karen Haluza, Planning Manager Sergio Klotz, Principal Planner Hally Soboleske, Associate Planner This page intentionally left blank. 75C-8 City of Santa Ana AIRPORT ENVIRONS ELEMENT GPA 2004-3 THE CITY OF SANTA ANA Planning Division P.O. Box 1988, M-20 Santa Ana, CA 92702 December 18, 2008 75C-9 This page intentionally left blank. 75C-10 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 TABLE OF CONTENTS PAGE CHAPTER /INTRODUCTION ....................................................................................................1 A. BACKGROUND .....................................................................................................1 B. FORMAT OF THE AIRPORT ENVIRONS ELEMENT ............................................2 C. GENERAL PLAN CONSISTENCY ........................................................................2 CHAPTER /l PLANNING ISSUES ............................................................................................... 3 A. NOISE ...................................................................................................................3 B. 65 dB(A) CNEL NOISE CONTOUR .......................................................................4 C. JOHN WAYNE AIRPORT IMPACT ZONES ..........................................................7 D. 60 dB(A) CNEL NOISE CONTOUR ........:...................................:.........:...........9 E. HEIGHT RESTRICTIONS ......................................................................................9 F. AELUP NOTIFICATION AREA FOR JWA ...........................................................12 G. FAR PART 77 .....................................................................................................14 H. SAFETY ..............................................................................................................16 H. STATE LAW ........................................................................................................16 J. HELIPORTS/HELISTOPS ...................................................................................16 CHAPTER /ll POLICY PLAN ....................................................................................................18 APPENDICES A. General Plan Internal Consistency Matrix ........................................................... A-1 B. Glossary/Definitions ............................................................................................ A-3 75C-11 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 LIST OF TABLES AND EXHIBITS TABLE PAGE Table 1 Interior and Exterior Noise Standards ...................................................................4 EXHI81 TS Exhibit I I-A John Wayne Airport Impact Zones ........................................................................ 7 Exhibit II-B City of Santa Ana Land Uses within JWA Noise Contours ....................................8 Exhibit II-C FAR Part 77 Notification Area for John Wayne Airport ........................................12 Exhibit I I-D City of Santa Ana Land Uses within FAA Notification Area .................................13 Exhibit II-E FAR Part 77 John Wayne Airport Obstruction Imaginary Surfaces ......................14 75C-12 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Chapter I INTRODUCTION BACKGROUND The Airport Environs Element of the City of Santa Ana General Plan serves as a long-range policy guide to safeguard the general welfare of the inhabitants within the City of Santa Ana in the vicinity of John Wayne Airport (JWA). Additionally, it provides guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City. Section 21675 of the Public Utilities Code (PUC) requires Airport Larid Use Commissions (ALUC) to formulate a comprehensive land use plan for the area surrounding each public airport that includes and is based upon along-range master plan or an airport layout plan that reflects the anticipated growth of the airport during at least the next 20 years. Specifically, the comprehensive land use plan seeks to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. The ALUC's two primary duties include: Prepare Compatibility Plans -Each ALUC is required to "prepare and adopt" an airport land use plan based upon a long-range master plan for each of the airports within its jurisdiction [PUC Sections 21674(c) and 21675(a)]. • Review Local Agency Land Use Actions and Airport Plans - The ALUC reviews the plans, regulations, and other actions of local agencies and airport operators pursuant to PUC Section 21676. The Public Utilities Code provides that the ALUC shall be guided by the Caltrans/Division of Aeronautics' California Airport Land Use Planning Handbook when adopting or amending the comprehensive land use plan. Two of the ALUC's Airport Environs Land Use Plans (AELUP) relate to the City of Santa Ana: John Wayne Airport (JWA) and the AELUP for Heliports. The ALUC has adopted aircraft noise, ground safety, and height restriction policies for the planning areas contained within these AELUP's. The City will refer required actions within the AELUP planning areas to the ALUC for consistency determinations as defined in the PUC Section 21676. 1 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 FORMAT OF THE AIRPORT ENVIRONS ELEMENT The Airport Environs Element is presented in four sections. The body of this Element is devoted to establishing Planning Guidelines that relate to areas affected by JWA and establishing Policies with regards to airport related issues. The Appendices to the Element provide detailed information regarding the areas addressed within the policy framework. Each section of the Element is summarized below: • The Introduction provides an overview of the requirements for the Element established by State Law and the rationale of the Element as well as presenting information on the Element's consistency with other City General Plan Elements. • The Planning Issues section identifies and defines areas of concern in relation to land uses and impacts of noise from JWA. • The Policy Plan section describes City goals and policies regarding areas impacted by JWA. • The Appendices provide detailed information as well as a glossary/definitions section and analyses and technical information referenced in the Element. GENERAL PLAN CONSISTENCY The Airport Environs Element of the General Plan is one aspect of the City's long-range planning program. California Government Code requires that General Plans contain an integrated, consistent set of goals and policies. The Airport Environs Element is therefore affected by policies contained in other elements of the General Plan. For example, the City's Noise Element contains standards and guidelines regarding appropriate acceptable noise levels for all land uses, while the City's Land Use Element establishes the location of land uses and the desired density/intensity of these uses to meet community needs. The Land Use Element also addresses factors such as man-made risks that may affect the general pattern of development. The policies and programs contained in this Element have been determined to be consistent with the City's other General Plan Elements (see Appendix A). 75G-14 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Chapter II PLANNING ISSUES NOISE The City of Santa Ana Noise Element defines noise problems and provides standards and guidelines establishing thresholds and appropriate measures to minimize the impact of noise on the community. The Airport Environs Element expands upon these policies by identifying noise impacts as they relate to JWA. The ALUC has adopted Title 21, California Airport Noise Standards and Community Noise Equivalent Level (CNEL) criteria, to describe noise exposures. Two noise zones are described below and depicted in Exhibit II-A: • 65 d6(A) CNEL Noise Contour -exposure of 65 dB(A) CNEL or higher (High Noise Impact) and; 60 dB(A) CNEL Noise Contour -exposure levels from 60 d6(A) CNEL up to 65 dB(A) CNEL (Moderate Noise Impact). In the City of Santa Ana, noise from aircraft using John Wayne Airport is not severe. Only small portions of the City are contained in either Noise Contour as shown in Exhibit II-A. The table below establishes noise standards for sensitive land uses. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 TABLE 1 Interior and Exterior Noise Standards Residential Institutional Single-family, duplex, multi-family ~ 45' ~ 65 Hospital, school classrooms/playgrounds ~ 45 ~ 65 Church, libra 45 -- O en S ace Parks -- 65 NOTES: 1. Interior areas (to include but are not limited to): 2. Exterior areas shall mean: bedrooms,, bathrooms, kitchens, living rooms, dining rooms, closets, corridorslhallways, private offices, and conference rooms. private yard of single-family homes park picnic areas school playgrounds common areas private open space, such as atriums and balconies, shall be excluded from exterior areas provided sufficient common area is included within the project 3. Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305 of the Uniform Building Code. 65 dB(A) CNEL NOISE CONTOUR: Impacts in the 65 dB(A) CNEL Noise Contour are sufficient to warrant restrictions on residential uses and may require sound attenuation measures. All residential uses are deemed inconsistent in this area unless it can be shown that such units are sufficiently mitigated to address present and projected noise exposure which may include, but is not limited to, avigation easements and sound attenuation. This exposure shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB(A) CNEL. Noise sensitive institutional uses such as schools, churches, hospitals, libraries, and other noise-sensitive land uses may also be inconsistent in this zone unless it can be shown conclusively that such units are sufficiently mitigated to address present and projected noise 75~-16 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 exposure. Again, this exposure shall be the energy sum of all noise impacting the project so as not to exceed an interior noise standard of 45 dB(A) CNEL. Commercial, industrial, and recreational uses may be appropriate in this zone providing that structures are mitigated to allow normal work activities to be conducted. In the City of Santa Ana, the small portion of area that lies within this impacted zone shall be consistent with defined noise standards (in the table presently shown on page twenty-three) of the AELUP. S City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. 75G-18 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Note: County Unincorporated areas are shown in white John Wayne Airport Impact Zones Composite contour from John Wayne Airport Project LEGEND Case-7990 antl 2005 (see sectidn 2.2.7) X60.... CNEL CONTOUR CERTIFICATION " __ -• RUNWAY PROTECTION ZONE Adopted by the A~rpon Land Use Commission fa Orenge County -••-• CITY BOUNDARIES ~/'' // /~ AIRPORT BOUNDARIES z••• • •»~ ~A~ _ ~/ ' !/. /j,,, , •®~ y_ 1~8 ~ G 1 ~ o Lr~ ~'G( S g Kar i A . Ri ni utive Officer Date City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 City of Santa Ana Land Uses within JWA Noise Contours N p `i `'. G ~ ~ ~ N 0.00 0.25 0.50 Mikf Copyright 2008. All Rights Reserved 75~-20 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 60 dB(A) CNEL NOISE CONTOUR: The noise impact in this zone includes moderate noise levels of 60 dB(A) CNEL or greater but less than 65 dB(A) CNEL. Pursuant to California Noise Insulation Standards, Title 25, California Code of Regulations, single event noise exposure levels in this area may create serious disturbances to inhabitants. Residential units in this area should be mitigated to address present and projected noise exposure. The residential interior noise level shall not exceed 45 dB(A) CNEL. In the City of Santa Ana, this impact area zone is designated in the General Plan for Industrial and Commercial land uses and, therefore, there are no noise incompatibilities. HEIGHT RESTRICTIONS The ALUC has adopted the Federal Aviation Regulations (FAR) Part 77 as the criteria for determining height restrictions in Orange County. The allowable height of structures surrounding an airport is described in FAR Part 77 as the allowable height at which safe movement of aircraft occurs. The regulation requires that notice be given to the FAA by a person proposing to construct a structure that would exceed specified heights and/or would be erected at specified sites (see Exhibit II-B). The height that is specified for which notice is required is any structure extending above a 100:1 slope of an imaginary surface extending outward for 20,000 feet from the nearest runway at JWA (see Exhibit II-C). Beyond the 100:1 imaginary surface, FAR Part 77 requires notification to FAA for any project that will be more than 200 feet in height above the ground level pursuant to FAR Part 77 Section 77.13. The ALUC considers and recognizes the FAA as the single authority for analyzing project impact on an airport or aeronautical operations or navigational-aid procedures. The ALUC also considers the FAA as the authority for reporting the results of such studies and project analyses. The ALUC will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. The ALUC understands that the FAA will make a final determination of whether the proposed project falls into one of the following categories: 1. The project is neither an obstruction nor hazard to air navigation, 2. The project is an obstruction to air navigation, but it is not a hazard and the FAA will establish conditions for lighting and marking the buildings; or, City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 3. The FAA determines the project is a hazard to air navigation. The ALUC is responsible for ensuring the continued operation of airports in Orange County, and to safeguard the general welfare of inhabitants within the vicinity of the airport. The Commission may utilize criteria for protecting aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77, should evidence of health, welfare, or air safety surface be found sufficient and necessary to justify such an action. The City of Santa Ana will comply with the requirements of FAA FAR Part 77, Caltrans Division of Aeronautics, and the ALUC. 75~°-22 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. 75 X13 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 -- AELUP Notification Area for JWA Note: County Unincorporated areas are shown in white FAR PART 77 II Notification Area for John Wayne Airport: 20,000' Radius at 100:1 Slope LEGEND _ ~- CERTIFICATION 20,000'Radius Adopted by the Airport Land Use Commisswn for Orange County „ -••- CITY BOUNDARIES ~ ~n~~~ ,,, AIRPORT BOUNDARIES i~~~~ " ~~ .6~6- Kari A. Rigoni, Ex cf! utive Officer Dat~ 75~-24 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 City of Santa Ana Land Uses within FAA Notification Area ~~ ~, 3'~' ~c ~, N 1 ~! 0.0000 025 0.S0O.SO M~~i CopyrpM 2008. All Rights Reserved 75C115 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 75~:-26 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. 75C117 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 SAFETY The AELUP does not establish any Runway Protection Zones within the City of Santa Ana. STATE LAW The City of Santa Ana will comply with and administer all requirements established by state law and the Public Utilities Code Section 21676. The City of Santa Ana will submit for ALUC review new development and redevelopment projects which contain amendments to a General Plan or Specific Plan, and/or adoption or approval of a zoning ordinance or building regulation, within the JWA planning area. HELIPORTS/HELISTOPS Under PUC Section 21661.5 and iri accordance with PUC Section 21670 et seq. and California Administrative Code Title 21, Business Regulations, Chapter 25, Division of Aeronautics, Sub-Chapter 2.1, the ALUC is charged with reviewing and acting on proposed heliports within its jurisdiction. Fulfilling this responsibility, the ALUC has adopted a Heliports AELUP that is applicable within every jurisdiction in Orange County that permits such facilities. The ALUC is also responsible for making recommendations directly to the California Department of Transportation/Aeronautics Division, regarding the required state heliport permit under Section 21661.5 of the PUC. ALUC review of proposed heliport/helistop projects is initiated through referral of the development permit by the sponsor's or the local agency's referral for a development permit. The ALUC will review any proposal for a heliport/helistop within the City of Santa Ana with respect to safety zones, noise impacts, and height restrictions as defined in the Heliports AELUP for Sections 2.2.1 through 2.2.3. Emergency flights for medical purposes and temporary landing sites do not need to be submitted to the ALUC. 75G~-28 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. 75 X19 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Chapter III Policy Plan The City of Santa Ana, in adopting the Airport Environs Element, adopts the following goals and policies that serve as the framework for implementing this Element. GOAL 1: Protect sensitive land uses from airport related noise. impacts. Policy 1.1 Residential development within the JWA 65 dB(A) CNEL Noise Contour or greater is not supported. Policy 1.2 Advocate that future flight path selection be directed away from existing noise sensitive land uses. Policy 1.3 Require all residential land uses in 60 dB(A) CNEL or 65 dB(A) CNEL Noise Contours to be sufficiently mitigated so as not to exceed an interior standard of 45 dB(A) CNEL. GOAL 2: Protecf the safety of the general public from aircraft hazards. Policy 2.1 Comply with FAA regulations and ALUC requirements on new development and redevelopment located within the height restriction zone for JWA per PUC Section 21676. Policy 2.2 Minimize hazards to aeronautical operations by ensuring land uses do not emit excessive glare, light, steam, smoke, dust, or electronic interference in compliance with FAA regulations and the JWA AELUP. 75G~-30 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Policy 2.3 Comply with FAR Part 77 and the AELUP's for JWA and Heliports as they may be amended from time to time. Policy 2.4 Prior to the amendment of the City's general plan or a specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the ALUC, and pursuant to PUC Section 21676, the local agency shall first refer the proposed action to the ALUC. GOAL 3: Minimize the impacts of heliports/helistops on the community. Policy 3.1 Encourage the design of new heliports to place as much of the approach/departure path on heliport property or on publicly controlled land as feasible. Policy 3.2 Avoid the placement of buildings and congregations of people within Helipad Protection Zones. Policy 3.3 Prevent obstructions to heliport approach and departure surfaces. Policy 3.4 Comply with FAA Regulations, Caltrans Division of Aeronautics and the JWA AELUP for Heliports in the development of heliports. cv ~ aZ ~ W C CC ~ W J oW _~ U ~ W Q ~t;a;eS o!Ignd } } } } } } } } } } } } } } as!oN } } } } } } } } } } } } } } o!ws!aS } } } } ~.• } } } } } } } } } ~(B~au3 } } ?- } } } } } } } ~-• } } ~-• uo!;ea~oab pue seed ~. } } } } } } } } } } } } } W `aoedS uadp O a uo!;en.iasuo~ } } } } } } } } } } } } } } O sa!;!!!~e~ } } } } } } } } } } } } } } y ollgnd F- ~ o!uaoS W W Bu!snoH } } } } } } } } } } } } } } Z a ;uawaBeueyy }, } } } } } }, } } } } } } } ~ eJ~ 4~-o~~J ~ W u6!sap ueq~~ } } } } } } } } } } . } } } } W Z ~ ~O •~ ~ ~~ ~ ;uawdo!ana4 W ~ a!wouoo3 } } } } } } } } } } } } ~-• } Q UQ ~ ~ . n asn pue~ } } } } } ~.. } } } } } } } } Q v ~ ~ V ,~ a a .. `O °q a ~°• v: ,5 ~ ,E v ~ oc~ R o.~h°'QE ~a~~ E ~~ H ~ d ;-~. GI -~ '" JO t NCO ~ O~Jva: E y0 c Q '-E U ~ a is °i Uvci ~ 3ae~.ce mm~~ ~ ro,Q d m •>~ z ~ Q c m o ~ c ~~Oa~v ~ ~ c'Q ~a ° o a c ~ O y Gs ~ O a y C Q O c ~p O y Qj y y c V ~p yt~, ` ~ °° oa ~ oQ~E`0a~ m~•c~, o o c c ~°', ~ ~~ c~$o"~~, yc.ae H ~o ~ c ~oe ,? y a .Q J ~ E :i '~ o, '.3 m ~ ,~ y m To lL! ~ ° ~' ~ J.`'C' d~ ~0 y E O Gf "~ N S A N G N~ ~ a G O yj ,Q ~ a, etE Sao ca 3em x ~ aci Q.~~. dpi aci ~ C ~~~'~~ «c C m .~ "'~ •QN c ~~ N Ey~v~EW ~ ,~~o ~~ ~~aw .c e°a oc... ° 1 V .tea' ~~~ ~ ~$~ ~ ~t ~ y ~~ ~ ro~° oQ ,E '~_ ~a y w3 ~, w a~ . ~o .g, .c d. O a a° m R a v ,o J $"w a ~« w R ~~ N 3 ~, ° ° Q3 ~ e m ~~ m ova as ~ 0 3~ W O ~y :O ~VN~.~O ~ 7N•~GIE. Q~vri. (/~w +• ~L w.~c ~w >'.00. ~ ~~ ~OV~ ~ O C'C d•C O .~a_,'v7 ~ C 4:Q O ~'~ O m O J a~ ~ «Q c~ m e ° V ~... yC) a R'3a u e W° yQ~a V N ~ as o ~o f~ ~y n epcV y~'i ~ H a ~ 3N G Gri errs C+ ~ ~ r`~i' NiV 3eYi va `~ Q N ~.C.1].y ~ O eV aaN~~N NOa ~N MAyMNMdM~~ ~ r d J . ]. ~ ]. ~ . ~ O M ~ ~0 ~ C ~ V ]. C O ~ O ~ o 0 0 o E oz ° o o ~ o °y'~= a;~ ~ ~~ o R= Qa °~+~~~ ~.a Q ~ ~ c~ azaga~ ~ c~ 4 a4 ~ ~a°~a n:'aQ ~ a° ~;a aa° Ha°Qt 0 0 N a7 a`> a E U N 75C-32 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. 75C-33 A -2 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Appendix B ~ilossary/Definitions As used herein the following terms shall have the following meanings: AELUP Airport Environs Land Use Plan (a land use compatibility plan referred to in Public Utilities Code Section 21675 Airport Any public or military airport, air station, or air facility within Orange Count , CA ALUC Airport Land Use Commission for Orange County APZ Accident Potential Zone (zones established around some airports based on accident histories and o erational characteristics CNEL The Community Noise Equivalent Level (CNEL) is the energy average noise level measured in A-level fora 24-hour period, with different weighting factors for the hourly noise levels occurring during the daytime (0700 to 1900, 0 d6(A) weighting), evening (1900 to 2200, 5 d6(A) weighting), and nighttime (2200 to 0700, 10 dB(A) weighting) eriods d6(A) A-Weighted sound pressure level or A-level is the sound pressure level that has been filtered or weighted to quantitatively reduce the effect of the low frequency noise. It was designed to approximate the response of the human ear to sound. A-level is measured in units of decibels. FAA Federal Aviation Administration FAR Federal Aviation Regulations Heliport An identifiable area on land or water, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. Does not include temporary landing and takeoff sites. Refuelin and overni ht maintenance are ermitted. Helistop An identifiable area on land or water, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. Does not include temporary landing and takeoff sites. Refuelin and overni ht maintenance are not ermitted. Obstruction Any object of natural growth, terrain or permanent or temporary construction or alteration including equipment or materials used therein, the height of which exceeds the standards established in Subpart C of Federal Aviation Regulations Part 77, Objects Affecting Navi able Airs ace. PUC California Public Utilities Code 75C-34 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. Proposed Amendment to the Noise Element Revised information Page 34 > > ~~ Do~;.ao«.~;.,1 1~,... ~lo.,~;+~, Do~;.70,,~;.,1 Airo.a;,,,~. ~Si~ tl~ V7 (~ r,,,,,.,.o,.,.;,,i „~~;,.o ~ ~5 ~)- ~8 ~S TABLE 1 Interior and Exterior Noise Standards Residential ~ Single-family, duplex, multi-family ~ 45' ~ 65 Institutional ~ Hospital, school classrooms/playgrounds ~ 45 ~ 65 Church, librar 45 -- O en S ace Parks -- 65 NOTES: 1. Interior areas (to include but are not limited to): 2. Exterior areas shall mean: bedrooms, bathrooms, kitchens, living rooms, dining rooms, closets, corridors/hallways, private offices, and conference rooms. private yard of single-family homes park picnic areas school playgrounds common areas private open space, such as atriums and balconies, shall be excluded from exterior areas provided sufficient common area is included within the project 3. Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305 of the Uniform Building Code. EXHIBIT 2 75C-36 GPA-2004-3 Proposed Amendment to the Land Use Element Revised information Page A-45. Santa Ana General Plan (page A6) rn~c-Fsi~cf~l-tt7iiio,,,+. T,, .,.aa;+;..,,. *l.o ~lo,~,,o,,+ ; ,-.,+o~ tl.o .,.7~.,,+o.t A;,-.,.~,-f ~~ ~ Ito „~ .,. ..t. .;.t, ~>7o A; ,,,.t ~r ~ r .,,,mot r r~o ~t~n ~r ~>,o r,. ~.. The Airport Environs Element of the City of Santa Ana General Plan serves as a long range policy guide ensuring that development in the City does not endanger the general public from safety or noise hazards associated with aircraft in the vicinity of John Wayne Airport (JWA). Additionally, it provides guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City Man-Made Risk (page A45) Aircraft -The John Wayne Airport (JWA) is located approximately one half mile southwest of Santa Ana. Tall structures have the potential to cause obstruction to air navigation for JWA in specific areas as defined in the City of Santa Ana Airport Environs Element. The City of Santa Ana will submit for Airport Land Use Commission (ALUC) review new development or redevelopment projects which contain amendments to the City's General Plan or a specific Plan and/or adoption or approval of a zoning ordinance or building regulation, within the JWA planning area. EXHIBIT 3 GPA-2004-3 75C-37 Noise Exposure (page A46) ~:>,;t;~., +t,° ~*.,.° nrr;,.° ,.~tr,,;~° r,,,, '~ L d F} ~ +,.,,t t,.,~ ~ °~~,-°,~ -an - ,u ~ S ~3 t„ Qn au n v° ;a°„+ = ~z ~~ ^ z ~ ~ ~ t 7 ;.,t t.,,,a , ~,.° r„~~ r-area~ - A ,~ z , fe ~ e e o ,tom n ~ ,. t,,,,, a°„~;.,, ~ ,.t° ~ ..,..;t,. a..,°tt;,,,. , ,,;+~ Noise Land Use Compatibility - ...Residential uses are normally unacceptable in areas exceeding 65 dB CNEL (Noise Impact Zone 1) and conditionally acceptable in areas between 60 to 65 dB CNEL (Noise Impact Zone 2). [insert new FAA Notification Map page A47] see attached ~r,.;~° n ~ „t` t nn~ +t,° r:+., , .t• c.,r~„ n,,., . ,;~>,;,, ~t,° a°~:.,°a „ ° ,.,.~ (Page A48) Airport Noise -The City updated its Airport Environs Element detailing potential noise impacts for the Planning Area impacted by the John Wayne Airport. Although the area within the 60 and 65 CNEL contours (Noise Impact Zone 1 and 2) is relatively small, there are sound attenuation requirements to minimize the adverse effects on the community within the specified areas. GPA-2004-3 75C-38 INITIAL STUDY/NEGATIVE DECLARATION ER-2004-136 GENERAL PLAN AMENDMENTS TO AIRPORT ENVIRONS ELEMENT, NOISE ELEMENT, LAND USE ELEMENT PROJECT DESCRIPTION Update the City of Santa Ana Airport Environs Element of the General Plan, which establishes a long-range policy guide to safeguard the general welfare of inhabitants within the vicinity of the John Wayne Airport. Additionally, the Noise and Land Use Elements would be amended to achieve internal consistency between City General Plan Elements. Airport Environs Element The purpose of the Airport Environs Element is to ensure that people in facilities are not concentrated in areas susceptible to aircraft accidents and to ensure that no structures or activities adversely affect navigable airspace. The Airport Environs Element establishes land use/noise compatibility criteria, height restrictions and procedures to ensure that proposed development projects are in compliance with the Airport Environs Land Use Plan for John Wayne Airport. The proposed amendment to the Airport Environs Element involves the establishment goals and policies to protect sensitive land uses from airport related noise impacts, to protect the safety of the general public from aircraft hazards and to minimize the impacts of heliports/helistops on the community. Noise Element The City of Santa Ana Noise Element establishes interior and exterior noise level standards for land uses in the City. However, the noise level standards are currently inconsistent with the noise standards established in the Airport Environs Plan for John Wayne Airport. As part of the proposed project, the exterior and interior noise standards in the Noise Element would be amended to provide consistency with other City General Plan Elements. Table 1 identifies the noise standards in the current Noise Element, and Table 2 reflects the proposed noise standards in the amended Noise Element 1 F75~T ~9 Table 1 Current Noise Element Noise Standards use ~e s ~de~t i-a'~~ev fees--~~ ~ &5 ~es~~e~1=~a~, A4e~i~t a.. ~. 68 b-~ ~s-i~t= is ~~-1~ --~` 6-5 ~& S e~ee~s 6-E3 7 9 Eef[tttte~e ~a~ , afTree G ~ ~ 5 TT1TLQ'~S'Ctl '/ ( ~ "] / '] Table 2 Proposed Amendments to Noise Element Residential ~ Single-family, duplex, multi-family ~ 45 3 ~ 65 Mobile home -- 65 Institutional Hospital, school classrooms/playgrounds 45 65 Church, libra 45 -- Open Space Parks -- 65 NOTES: 1. Interior areas (to include but are not limited to): 2. Exterior areas shall mean: bedrooms, bathrooms, kitchens, living rooms, dining rooms, closets, corridors hallways, private offices, and conference rooms. private yard of single-family homes mobile home parks park picnic areas school playgrounds common areas private open space shall be excluded from exterior areas provided sufficient common area is included within the project 3. Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided as of Chapter 12, Section 1305 of the Uniform Building Code. 2 75C-40 Land Use Element The proposed amendment to the Land Use Element involves; (1) inclusion of a description that identifies the purpose of the City's Airport Environs Element, (2) the identification of John Wayne Airport as a man-made risk and a land use constraint, (3) the establishment Land Use/Noise Compatibility standards and (4) an amendment to the City's FAA Notification Map to provide consistency with the FAA Notification Area established Airport Environs land Use Plan for John Wayne Airport. ENVIRONMENTAL IMPACT ANALYSIS The following is an environmental analysis on the proposed General Plan Amendments based on the City of Santa Ana's CEQA Environmental Checklist. The analysis incorporates by reference information from the City of Santa Ana General Plan Land Use Element EIR. For each environmental issue, the analysis identifies the level of impact that would be anticipated to occur from approval of the proposed General Plan Amendments. Future development projects proposed under the amended Airport Environs Element, Land Use Element and Noise Element would subject to City reviews to determine potential impacts to the environment as well as consistency with the amended General Plan Elements. 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? 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? No Impact The City of Santa Ana Urban Design Element and Scenic Corridors Element identifies a high number of aesthetic resources in the City of Santa Ana. Approval of the proposed general plan element amendments would not result in adverse impacts to any scenic vista or other aesthetic resources in the City, in that and that 3 75C-41 the approval of the proposed amendments would not result in the development of any structures or involve any activities that would disturb existing aesthetic resources, introduce substantial amounts of light and glare, substantially degrade the visual character of the City or be in conflict with policies in the Urban Design Element and Scenic Corridors Element that conserve aesthetic resources in the City. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. However, there are no existing Williamson Contracts in the City. A significant impact to agriculture resources would occur when a project or activity results in the loss of sensitive farmlands. Approval of the proposed general plan element amendments would not involve any activities that would cause or facilitate the loss of any agricultural resources. Therefore, approval of the proposed amendments would not result in significant impacts to agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? 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 4 75C-42 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 growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those projected in regional planning programs and/or local general plans. Approval of the proposed general plan element amendments would not impact the population and traffic growth projections established in the City's General Plan and therefore would not be in conflict with the regional growth projections and air quality objectives established in the South Coast Air Quality Management Plan. D. Expose Sensitive receptors concentrations? B. Violate any stationary source contribute to an existing violation? to substantial pollutant air quality standard or or proposed air quality No Impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. Pollutants for which ambient standards have been set are referred to as criteria pollutants. Criteria pollutants include: Ozone, Carbon Monoxide, Nitrogen Dioxide, Sulfur Dioxide and Particulate Matter. The South Coast Air Basin is currently a non-attainment area for Carbon Monoxide, Ozone, Particulate Matter and Nitrogen Dioxide. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Construction Tons/ Operations Pollutant Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 5 75C-43 Approval of the proposed general plan element amendments would not directly result in any long-term air quality impacts in that the approval of the proposed amendments would not generate additional mobile source or stationary source long-term emissions in the City that would exceed the threshold for criteria pollutants established by the South Coast Management District. Additionally, the proposed general plan element amendments would not involve in any construction activities that would emit short-term construction related emissions. Therefore, approval of the proposed amendments would not result in significant long-term or short-term air quality impacts. 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? No Impact Approval of the proposed general plan element amendments would not be in conflict with the City's General Plan growth projections and the local growth forecasts for the Orange County sub region and the regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. The Southern California Association of Governments has determined that the air pollution impacts of any project or activity that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Air Quality Management Plan to a level considered less than significant. Therefore, approval of the proposed general plan element amendments would not result in significant cumulative air quality impacts. E. Create objectionable odors affecting a substantial number of people? No Impact Approval of the proposed general plan not create any objectionable odors, in proposed amendments would not directly that would emit objectionable odors. element amendments would that the approval of the result in any activities 6 75C-44 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 is a predominately built out and is highly urbanized City. According to the California Department Fish and Game Natural Diversity Data Base, there is a very limited amount of biological resources in Santa Ana. Biological resources are limited to portions of Santiago Creek and Centennial Park. A potentially significant impact to biological resources would occur when a project or activity disturbs or displaces sensitive biological resources. Approval of the proposed general plan element amendments would not directly result in any adverse impacts to biological resources, in that approval of the proposed amendments would not facilitate the development of any land uses in any sensitive habitats or involve any activities that would disturb or displace any sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? 7 75C-45 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 Resources, the City of Santa Ana Local Register of Historical Resources and the City of Santa Ana General Plan Land Use Element EIR, Santa Ana contains a high number of known cultural resources. Additionally, according to the General Plan Land Use Element EIR, Santa Ana also has a high probability for the discovery of unknown cultural resources. A potentially significant impact to cultural resources would occur when a project or activity disturbs or displaces sensitive cultural resources. Approval of the proposed general plan element amendments would not result in impacts to any known or unknown cultural resources, in that the approval of the proposed amendments would not facilitate the development of any land uses or involve any activities that disturb or displace known or unknown cultural resources. Therefore, approval of the proposed general plan element amendments would not result in significant impacts to cultural resources. VI. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides within the City. Therefore, approval of the proposed general plan element amendments would not increase the risks for ground rupture impacts or landslide impacts. A-2. Strong Seismic Ground shaking? 8 75C-46 A-3. Seismic-related ground failure, including liquefaction? No Impact The City of Santa Ana is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the City. The Newport/Inglewood Fault located approximately 7 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. Along the Newport/Inglewood fault an earthquake on the magnitude of 6.9 could potentially occur. A seismic event of this scale could result in significant damage to the City. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards in the City ranges from very low to very high. However, the seismic risks in Santa Ana are not considered significantly different from other areas in the southern California region. Approval of the proposed general plan element amendments would not increase the risk for seismic shaking impacts or liquefaction impacts, in that the proposed amendments would not involve the construction of new structures that would increase the risk for seismic shaking impacts or seismically induced liquefaction impacts. A-4. Landslides According to the City's General Plan Land Use Element EIR there are no landslides within the City. Therefore, approval of the proposed general plan element amendments would not increase the risks for landslide impacts. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed general plan amendments would not increase the potential for soil erosion or sedimentation impacts, in that approval of the proposed amendments would not involve any construction activities that would disturb or uncover existing soils. C. Would the project result in the loss of a unique geological feature? 9 75C-47 No Impact According to the City's General Plan Land Use Element EIR, there are no known unique geologic features in the City. Therefore, approval of the proposed amendments would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotecnical constraints. Approval of the proposed general plan element amendments would not involve the development of land uses or involve the construction of any structures that would be subject to geotechnical constraints. Approval of the project would not involve the use of alternative wastewater disposal that would be subject to geotechnical constraints. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed general plan element amendments would not directly result in the creation of any significant hazards to the public, in that the approval of the proposed amendments 10 75C-48 would not involve any activities that would involve the handling, regulation, storage or transportation of hazardous materials. 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? Less Than Significant Impacts The City of Santa Ana is located approximately one mile northwest of John Wayne Airport and is included in the Planning Area of the Orange County Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport. According to the Environs Land Use Plan for John Wayne Airport, there are no accident potential zones in Santa Ana. However, portions of the City are in the Federal Aviation Agency (FAA) Notification Area. Development projects proposed in the FAA Notification Area are required to coordinate with the Airport Land Use Commission. The proposed project involves amendments to the Airport Environs Element, Noise Element and Land Use Element. These amendments would create policies to protect the general public from aircraft hazards. The proposed amendments would not have any impact on any designated accident potential zones and would not result in safety hazards to people residing or working in the City. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303 (d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 11 75C-49 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 does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed general plan element amendments would not result in any adverse water quality impacts, in that the approval of the proposed amendments would not result in any activities that would generate pollutants that would adversely impact water quality. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed general plan amendments would not impact underground supplies, in that the proposed amendments would not involve any activities that would encroach into the underground water basin, impact the quality of underground water supplies or prevent the recharge of underground water supplies. 12 75C-50 C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed general plan element amendments would not increase existing rates of surface water in the City, in that the proposed amendments would not introduce additional amounts of impervious surfaces into the City or result in changes to existing drainage patterns. Therefore, the approval of the proposed general plan element amendments would not result in significant drainage impacts. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? 13 75C-51 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 flood hazards in the City are depicted on Flood Insurance Rate Maps. The Flood Rate Insurance Maps indicate that portions of the City are within 100-year flood hazard areas. Approval of the proposed general plan element amendments would not facilitate development within 100-year flood hazard areas or increase flood hazards in the City. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed general plan element amendments would not result in erosion impacts, in that the proposed amendments would not involve any construction activities that would disturb or uncover soils to facilitate erosion impacts. O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? Less Than Significant Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems 14 75C-52 that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed general plan element amendments would not result in any activities that would discharge pollutants into sensitive downstream marine resources. IX. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed general plan element amendments would not result in any activities or the development of any land uses that would physically divide any community. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project involves amendments to the City's Noise Element, Land Use Element and Airport Environs Element, which have been determined to be internally consistent with other elements of the City's General Plan. Approval of the proposed general plan element amendments would not result in conflicts with any applicable planning programs or policies in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community plans in Santa Ana. Therefore, approval of the proposed general plan element amendments would not impact any conservation plans or natural community plans. X. MINERAL RESOURCES 15 75C-53 A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element EIR, there are no locally important mineral resource sites in Santa Ana. Therefore, approval of the proposed general plan element amendments would not impact any locally important mineral resources. 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. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact The proposed project involves amendments to the Airport Environs Element, Noise Element and Land Use Element. The amendment to the Noise Element would establish citywide interior and exterior noise standards for residential, institutional and open space land uses. Additionally, noise contours would be established to guide the development of land uses in areas that are impacted by aircraft noise. The amendment to the Noise Element would establish noise standards to protect the public from significant noise impacts and would not expose people residing in or working in the City to excessive noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 16 75C-54 No Impact Approval of the proposed general plan element amendments would not result in any short-term construction noise impacts or groundborne vibration impacts, in that the approval of the proposed general plan element amendments would not involve any activities that would emit short-term noise or vibration impacts. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. No Impact Direct growth inducing impacts are generally associated with aspects of a project that could remove obstacles to population growth or other growth such as a major expansion of a wastewater treatment plant or upgrading of regional master plan infrastructure and facilities that would facilitate new development. Indirect or secondary growth inducing impacts consists of growth inducted in the region by the demand for additional housing as a result of employment generation, and demand for goods and services associated with population increases caused by, or attracted to, an area as a result of new development. Approval of the proposed general plan element amendments would not induce substantial growth in the City, in that proposed amendments would not involve the construction of any new infrastructure systems or expansion of existing infrastructure systems that would facilitate growth, or involve the development of any land uses that would create additional demands for new housing and public services. Additionally, the proposed general plan element amendments would not remove any obstacles that would result in increased growth in the City. 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? 17 75C-55 No Impact Based on population estimates from the California Department of Finance, there were 347,237 residents in the City of Santa Ana in 2003. Presently, the City has a total of 74,912 dwelling units with an average household size of 4.65 persons. The Orange County 2004 projections forecast that by 2005, Santa Ana would have a population of 350,625 and a total of 75,671 dwelling units. By 2010 the City's populations is projected to increase to 359,823 with a total of 76,342 dwelling units. Approval of the proposed general plan element amendments would not establish any policies that would displace existing housing or prohibit the future development of housing in the City. XIII. PUBLIC SERVICES Fire Protection, Police Protection: No Impact The City of Santa Ana provides fire protection and police protection services for residents of the City. A significant impact to fire protection and police protection services would occur when a project or activity increase the demand for services beyond the ability of the fire department or the police department to provide an adequate level of service or involve the construction of new facilities that could result in significant impacts to the environment. Approval of the proposed general plan element amendments would not result in the development of any land uses or result in any activities that would increase the demand for fire protection and police protection services, over the current level of demand in the City. Therefore, no significant impacts would occur to fire department and police department services. Schools: No Impact Educational services for Santa Ana residents are provided by the Santa Ana Unified School District, Garden Grove Unified School District, Tustin Unified School District, Orange Unified School District and the Rancho Santiago Community College District. A significant impact to school services would occur when a project or activity increase the demand for school services beyond the ability of existing school facilities to provide an adequate level of service and requires the construction of new school facilities that could result in significant impacts to the environment. 18 75C-56 Approval of the proposed general plan element not result in the development of any land use activities that would increase the demand for over the current level of demand in the City. significant impacts would occur to the school City. Parks, Other Public Facilities: No Impact amendments would s or result in any school facilities, Therefore, no facilities in the The City of Santa Ana presently operates 35 facilities within its parks and recreation network, along with several public school grounds. The park and recreation facilities within the City of Santa Ana include 342.5 acres of parklands, which is equivalent to approximately one acre per 1,000 residents. According to the City's General Plan Land Use Element EIR, the City's current goal for parkland is 2.0 acres per 1,000 residents. Based on the Cities current parkland goal and existing parkland to population ratio, additional parkland is needed to meet the park needs of the community. A significant impact to park services would occur when a project or activity increases the demand for additional park facilities. Approval of the proposed general plan element amendments would not result in the development of any land uses or result in any activities that would increase the demand for park facilities or services, over the current level of demand in the City. Therefore, no significant impacts would occur to park facilities in the City. 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 the construction which might have environment. No Impact include recreational facilities or require or expansion of recreational facilities, an adverse physical effect on the As mentioned above, additional parkland would be needed in Santa Ana to meet current and future park and recreation needs of the community. Without additional parkland and recreational facilities provided, residents would continue to use existing recreational facilities in the City. A significant impact to 19 75C-57 recreational facilities would occur when a project or activity increases the demand for additional recreational facilities beyond the ability of the City to provide adequate recreational facilities or require the construction of new recreation facilities that could potentially impact the environment. Approval of the proposed general plan amendments would not result in the development of any land uses or result in any activities that would increase the demand for recreation facilities or services, over the current level of demand in the City. Therefore, no significant impacts would occur to recreational facilities in the City. 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? 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 City of Santa Ana circulation system consists of a series of local streets, arterials and major regional highways. A significant impact to the circulation system would occur when the traffic generated from a project reduces the level of service of a roadway or intersection to a level considered not acceptable. Approval of the proposed general plan element amendments would not generate any additional amounts of traffic on the City's circulation system, therefore approval of the proposed general plan element amendments would not reduce the level of service of any roadway or intersection in the City. D. Substantially increase hazards to a design feature E. Result in inadequate emergency access G. Conflict with adopted policies supporting alternative transportation No Impact Approval of the proposed general plan element amendments would not involve any activities that would increase hazards to motorists, or provide constraints for adequate emergency access 20 75C-58 or establish any policies that would be in conflict with adopted policies supporting alternative transportation. F. Result in inadequate parking capacity No Impact Approval of the proposed general plan amendments would not result in the development of any land uses or result in any activities that would increase the demand for parking in the City. Therefore, approval of the proposed general plan element amendments would not result in adverse parking impacts. 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? Less Than Significant Impact The proposed general plan element amendments would establish policies and noise standards to bring the City's General Plan into consistency with the Airport Environs Land Use Plan for John Wayne Airport. The proposed amendments would not result in any changes in air traffic patterns that would increase safety risks in the City. XVI. UTILITIES 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? A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 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 21 75C-59 The existing and future water and wastewater demands and supplies for Santa Ana are provided in the City's Urban Water Management Plan. The projected water and wastewater demands are based on build out of land uses in the General Plan. The City of Santa Ana provides water service and wastewater service in Santa Ana. Additionally, the Orange County Sanitation District operates several trunk lines in the City. Wastewater generated from the City is treated at Orange County Sanitation District Reclamation Plant No.l in the City of Fountain Valley. A potentially significant impact to water and wastewater service would occur when a development project or an activity increases the demand for water service and wastewater service beyond the water and wastewater projections in a City's Urban Water Management Plan or when a project or activity requires the development of new water and wastewater distribution and treatment facilities and potentially significant impacts to the environment could occur. Approval of the proposed general plan element amendments would not result in the development of land uses or result in activities that would increase demand for water and wastewater beyond the water and wastewater projections established in the City's Urban Water Management Plan or require the construction of new distribution system or treatment facilities. B. 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? No Impact Approval of the proposed general plan element amendments would not increase existing rates of surface water runoff or change existing drainage patterns that would require the construction of new drainage facilities. 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? No Impact 22 75C-60 The City of Santa Ana through a private company provides solid waste collection service in the City. Solid waste is transported to transfer stations before ultimately being disposed of at 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 that all cities and counties in California divert fifty percent of solid waste generated from landfill disposal. To comply with AB 939, the City of Santa Ana has prepared a Source Reduction and Recycling Element that describes various waste reduction and recycling programs to reduce the City's demand for solid waste disposal in landfills. Approval of the proposed general plan element amendments would not result in the development of any land uses or result in activities that would increase the demand of solid waste disposal. Nor would the proposed amendments be in conflict with the solid waste reduction programs in the City's Source Reduction and Recycling Element. 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. No Impact The proposed general plan element amendments would establish long-range policy guide to safeguard the general welfare of inhabitants within the vicinity of John Wayne Airport. Additionally, the Noise and land Use Elements would be amended to achieve internal consistency between the City's General Plan Elements. Approval of the proposed general plan element amendments would not result in the development of land uses or result in activities that would adversely impact sensitive wildlife and plant species or sensitive cultural resources. B. Does the project have impacts that are individually limited but cumulatively considerable? 23 75C-61 No Impact Approval of the proposed general plan element amendments would not result in any individually limited impacts to the environment and therefore would not result in any cumulative impacts to the environment as well. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact The proposed general plan element amendments would establish policies and standards to provide land use/noise compatibility as well as to provide consistency with other City General Plan Elements. Approval of the proposed amendments would not result in substantial adverse effects to human beings. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 Environmental Impact Report for the General Plan Land Use Element, August 1997 City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Airport Environs Land Use Plan for Orange County, December 2002 California Department of Conservation Farmland Mapping and Monitoring Program, 1996 24 75C-62 California Department Fish and Game Natural Diversity Data Base, 1998 City of Santa Ana Local Register of Historical Properties, 2004 City of Santa Ana Urban Water Management Plan, 2000 Flood Rate Insurance Maps City of Santa Ana Santa Ana River Basin Plan Orange County Drainage Management Plan XX. PREPARERS Hally Soboleske, Associate Planner 25 75C-63 KO- 1 /26/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2004-136) AND ADOPTING AIRPORT ENVIRONS ELEMENT AND AMENDING THE LAND USE AND NOISE ELEMENTS OF THE GENERAL PLAN OF THE CITY OF SANTA ANA (GPA NO. 2004-03) 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 Public Utilities Code Section 21675 requires Airport Land Use Commissions to formulate a comprehensive land use plan for the area surrounding each public airport. On November 15, 2007, the Orange County Airport Land Use Commission updated its Airport Environs Land Use Plan (AELUP). B. California Government Code Section 65302.3 requires local agencies to amend their general plans, as necessary, when the Airport Land Use Commission amends its AELUP. C. On October 13, 2008, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration, Environmental Review No. 2004-136 and adopt a resolution approving General Plan Amendment No 2004-03 to adopt the City of Santa Ana's Airport Environs Element and to amend the City's Land Use and Noise Elements of the General Plan by a vote of 5:0 (Gartner and Yrarrazaval absent). D. The Airport Land Use Commission of Orange County held a public hearing on December 18, 2008, and found the City of Santa Ana's Airport Environs Element consistent with the John Wayne Airport Environs Land Use Plan. E. On February 2, 2009, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. Resolution No. 2009-XXX Page 1 of 4 75C-64 F. General Plan Amendment No. 2004-03 has been filed with the City of Santa Ana to adopt the Airport Environs Element and to amend the Land Use Element and Noise element of the General Plan of the City of Santa Ana. G. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests -including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services -and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. H. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2004-03 is consistent with the purpose of the general plan. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 2004-136 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts of this 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 negative declaration 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 hereby, approves General Plan Amendment No. 2004-03. A. The Airport Environs Element is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. B. The amendment to the Land Use Element is attached here to as Exhibit B and incorporated by this reference as though fully set forth herein. C. The amendment to the Noise Element is attached here to as Exhibit C and incorporated by this reference as though fully set forth herein. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Resolution No. 2009-XXX Page 2 of 4 75C-65 Amendment No. 2004-03 is consistent with the purpose of the general plan. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated February 2, 2009 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: ABSTAIN Councilmembers Councilmembers Councilmembers 2009. Miguel A. Pulido Mayor Resolution No. 2009-XXX Page 3 of 4 75C-66 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. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009-XXX Page 4 of 4 75C-67 City of Santa Ana AIRPORT ENVIRONS ELEMENT GPA 2004-3 THE CITY OF SANTA ANA Planning Division P.O. Box 1988, M-20 Santa Ana, CA 92702 December 78, 2008 EXHIBIT A 75C=68 This page intentionally left blank. 75C-69 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 TABLE OF CONTENTS PAGE CHAPTER I INTRODUCTION ....................................................................................................1 A. BACKGROUND .....................................................................................................1 B. FORMAT OF THE AIRPORT ENVIRONS ELEMENT ............................................2 C. GENERAL PLAN CONSISTENCY ........................................................................2 CHAPTER /1 PLANNING ISSUES ...............................................................................................3 A. NOISE ...................................................................................................................3 B. 65 dB(A) CNEL NOISE CONTOUR ..................................................................... ..4 C. JOHN WAYNE AIRPORT IMPACT ZONES ........................................................ ..7 D. 60 dB(A) CNEL NOISE CONTOUR ........:........:. ............................................. .. 9 E. HEIGHT RESTRICTIONS .................................................................................... ..9 F. AELUP NOTIFICATION AREA FOR JWA ........................................................... 12 G. FAR PART 77 ...............................................................................:..................... 14 H. SAFETY .............................................................................................................. 16 H. STATE LAW ........................................................................................................ 16 J. HELIPORTS/HELISTOPS ................................................................................... 16 CHAPTER l/l POLICY PLAN ....................................................................................................18 APPENDICES A. General Plan Internal Consistency Matrix ........................................................... A-1 B. Glossary/Definitions ............................................................................................ A-3 75c-7o ~ . City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 LIST OF TABLES AND EXHIBITS TABLE PAGE Table 1 Interior and Exterior Noise Standards ...................................................................4 EXHIBITS Exhibit II-A John Wayne Airport Impact Zones ........................................................................7 Exhibit II-B City of Santa Ana Land Uses within JWA Noise Contours .................................. ..8 Exhibit II-C FAR Part 77 Notification Area for John Wayne Airport ........................................ 12 Exhibit II-D City of Santa Ana Land Uses within FAA Notification Area ................................. 13 Exhibit II-E FAR Part 77 John Wayne Airport Obstruction Imaginary Surfaces ...................... 14 75C-71 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Chapter I INTRODUCTION BACKGROUND The Airport Environs Element of the City of Santa Ana General Plan serves as a long-range policy guide to safeguard the general welfare of the inhabitants within the City of Santa Ana in the vicinity of John Wayne Airport (JWA). Additionally, it provides guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City. Section 21675 of the Public Utilities Code (PUC) requires Airport Land Use Commissions (ALUC) to formulate a comprehensive land use plan for the area surrounding each public airport that includes and is based upon along-range master plan or an airport layout plan. that reflects the anticipated growth of the airport during at least the next 20 years. Specifically, the comprehensive land use plan seeks to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. The ALUC's two primary duties include: Prepare Compatibility Plans -Each ALUC is required to "prepare and adopt" an airport land use plan based upon a long-range master plan for each of the airports within its jurisdiction [PUC Sections 21674(c) and 21675(a)]. • Review Local Agency Land Use Actions and Airport Plans - The ALUC reviews the plans, regulations, and other actions of local agencies and airport operators pursuant to PUC Section 21676. The Public Utilities Code provides that the ALUC shall be guided by the Caltrans/Division of Aeronautics' California Airport Land Use Planning Handbook when adopting or amending the comprehensive land use plan. Two of the ALUC's Airport Environs Land Use Plans (AELUP) relate to the City of Santa Ana: John Wayne Airport (JWA) and the AELUP for Heliports. The ALUC has adopted aircraft noise, ground safety, and height restriction policies for the planning areas contained within these AELUP's. The City will refer required actions within the AELUP planning areas to the ALUC for consistency determinations as defined in the PUC Section 21676. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 FORMAT OF THE AIRPORT ENVIRONS ELEMENT The Airport Environs Element is presented in four sections. The body of this Element is devoted to establishing Planning Guidelines that relate to areas affected by JWA and establishing Policies with regards to airport related issues. The Appendices to the Element provide detailed information regarding the areas addressed within the policy framework. Each section of the Element is summarized below: • The Introduction provides an overview of the requirements for the Element established by State Law and the rationale of the Element as well as presenting information on the Element's consistency with other City General Plan Elements. • The Planning Issues section identifies and defines areas of concern in relation to land uses and impacts of noise from JWA. • The Policy Plan section describes City goals and policies regarding areas impacted by JWA. • The Appendices provide detailed information as well as a glossary/definitions section and analyses and technical information referenced in the Element. GENERAL PLAN CONSISTENCY The Airport Environs Element of the General Plan is one aspect of the City's long-range planning program. California Government Code requires that General Plans contain an integrated, consistent set of goals and policies. The Airport Environs Element is therefore affected by policies contained in other elements of the General Plan. For example, the City's Noise Element contains standards and guidelines regarding appropriate acceptable noise levels for all land uses, while the City's Land Use Element establishes the location of land uses and the desired density/intensity of these uses to meet community needs. The Land Use Element also addresses factors such as man-made risks that may affect the general pattern of development. The policies and programs contained in this Element have been determined to be consistent with the City's other General Plan Elements (see Appendix A). City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Ch apte~ II PLANNING ISSUES NOISE The City of Santa Ana Noise Element defines noise problems and provides standards and guidelines establishing thresholds and appropriate measures to minimize the impact of noise on the community. The Airport Environs Element expands upon these policies by identifying noise impacts as they relate to JWA. The ALUC has adopted Title 21, California Airport Noise Standards and Community Noise Equivalent Level (CNEL) criteria, to describe noise exposures. Two noise zones are described below and depicted in Exhibit II-A: • 65 dB(A) CNEL Noise Contour -exposure of 65 dB(A) CNEL or higher (High Noise Impact) and; 60 dB(A) CNEL Noise Contour -exposure levels from 60 dB(A) CNEL up to 65 d6(A) CNEL (Moderate Noise Impact). In the City of Santa Ana, noise from aircraft using John Wayne Airport is not severe. Only small portions of the City are contained in either Noise Contour as shown in Exhibit II-A. The table below establishes noise standards for sensitive land uses. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 TABLE 1 Interior and Exterior Noise Standards Residential ISingle-family, duplex, multi-family 45 s 65 Institutional ~ Hospital, school classrooms/playgrounds 45 65 Church, libra 45 -- O en S ace Parks -- 65 NOTES: 1. Interior areas (to include but are not limited to): bedrooms,, bathrooms, kitchens, living rooms, dining rooms, closets, corridors/hallways, private offices, and conference rooms. 2. Exterior areas shall mean: private yard of single-family homes park picnic areas school playgrounds common areas private open space, such as atriums and balconies, shall be excluded from exterior areas provided sufficient common area is included within the project 3. Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305 of the Uniform Building Code. 65 dB(A) CNEL NOISE CONTOUR: Impacts in the 65 dB(A) CNEL Noise Contour are sufficient to warrant restrictions on residential uses and may require sound attenuation measures. All residential uses are deemed inconsistent in this area unless it can be shown that such units are sufficiently mitigated to address present and projected noise exposure which may include, but is not limited to, avigation easements and sound attenuation. This exposure shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB(A) CNEL. Noise sensitive institutional uses such as schools, churches, hospitals, libraries, and other noise-sensitive land uses may also be inconsistent in this zone unless it can be shown conclusively that such units are sufficiently mitigated to address present and projected noise City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 exposure. Again, this exposure shall be the energy sum of all noise impacting the project so as not to exceed an interior noise standard of 45 dB(A) CNEL. Commercial, industrial, and recreational uses may be appropriate in this zone providing that structures are mitigated to allow normal work activities to be conducted. In the City of Santa Ana, the small portion of area that lies within this impacted zone shall be consistent with defined noise standards (in the table presently shown on page twenty-three) of the AELUP. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 -.~-.; ~ r. r.. l ~.r ~i~ r`-,i il~ ~ It-_ „4~ ~`~ F ~....` ~° . %,~`` ~+~+. ' ~ `' ~ ~`~ ,. ~ ~~r ~_-, v ~ ~;T COSTA ~~ _ ; ` 1 ~~ ~ ~ ~~ V ~_ ~ ~ ~ ~ ~,7 °"..~3"lam ~`_€n_r' L~ 1' b ,L"k~~ ~,C~r- ~E ~ ~~ ~~- +E `,, :o I t a H`c ~1 , 1 •x,1`4 P~~~ ~ ~_ _ ~..~,r ~' < ~~ ~ ~~,,: iY [ .. ~i -~'S ~. } 4 Lam. ~~ ~., ,, •~,., >< ~~~ -Note: County. Unincorporated areas are shown in white. John Wayne Airport Impart Zones - Composite contour home - John Wayne Airport Project LEGEND Cass-tsso and 2005 . (see sectidn 2.2.7) -60.... CNEC CONTOUR ^_ CERTIFICATION - RUNWAY PROTECT~GN ZONE AdcGied by Ihz A~rportLand Use Commissionfa0range County -••-• CiN BOU~JDARiES - ~ ~ AJRPOFT BOUNDARIES ~~ ~. -~y~~ 1 ~ ~ ~ ' ~ a Kari A. Rigoni; cutive Officer Datess City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 City of Santa Ana Land Uses within JWA Noise Contours ~N ~~ k RO .,. ey,:_ ~p O 3 ~ ' ~, i N 1 ;'~ 1 o.oo o.2s o.so Miles ~PY~9M 2008. All Rights ReseNed City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 60 dB(A) CNEL NOISE CONTOUR: The noise impact in this zone includes moderate noise levels of 60 d6(A) CNEL or greater but less than 65 dB(A) CNEL. Pursuant to California Noise Insulation Standards, Title 25, California Code of Regulations, single event noise exposure levels in this area may create serious disturbances to inhabitants. Residential units in this area should be mitigated to address present and projected noise exposure. The residential interior noise level shall not exceed 45 dB(A) CNEL. In the City of Santa Ana, this impact area zone is designated in the General Plan for Industrial and Commercial land uses and, therefore, there are no noise incompatibilities. HEIGHT RESTRICTIONS The ALUC has adopted the Federal Aviation Regulations (FAR) Part 77 as the criteria~for determining height restrictions in Orange County. The allowable height of structures surrounding an airport is described in FAR Part 77 as the allowable height at which safe movement of aircraft occurs. The regulation requires that notice be given to the FAA by a person proposing to construct a structure that would exceed specified heights and/or would be erected at specified sites (see Exhibit II-B). The height that is specified for which notice is required is any structure extending above a 100:1 slope of an imaginary surface extending outward for 20,000 feet from the nearest runway at JWA (see Exhibit II-C). Beyond the 100:1 imaginary surface, FAR Part 77 requires notification to FAA for any project that will be more than 200 feet in height above the ground level pursuant to FAR Part 77 Section 77.13. The ALUC considers and recognizes the FAA as the single authority for analyzing project impact on an airport or aeronautical operations or navigational-aid procedures. The ALUC also considers the FAA as the authority for reporting the results of such studies and project analyses. The ALUC -will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. The ALUC understands that the FAA will make a final determination of whether the proposed project falls into one of the following categories: The project is neither an obstruction nor hazard to air navigation, 2. The project is an obstruction to air navigation, but it is not a hazard and the FAA will establish conditions for lighting and marking the buildings; or, City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 3. The FAA determines the project is a hazard to air navigation. The ALUC is responsible for ensuring the continued operation of airports in Orange County, and to safeguard the general welfare of inhabitants within the vicinity of the airport. The Commission may utilize criteria for protecting aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77, should evidence of health, welfare, or air safety surface be found sufficient and necessary to justify such an action. The City of Santa Ana will comply with the requirements of FAA FAR Part 77, Caltrans Division of Aeronautics, and the ALUC. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 City of Santa Ana Land Uses within FAA Notification Area ~N on.tNc p ,t '~~ CO 1 ~/~ N 0.00 0.25 0.50 M~ Copyright 2008. All Rights ReseNed 75G~-$4 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 __. .h Ll;r- 77!:~ichs r:o~c-~7 dg i City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 SAFETY The AELUP does not establish any Runway Protection Zones within the City of Santa Ana. STATE LAW The City of Santa Ana will comply with and administer all requirements established by state law and the Public Utilities Code Section 21676. The City of Santa Ana will submit for ALUC review new development and redevelopment projects which contain amendments to a General Plan or Specific Plan, and/or adoption or approval of a zoning ordinance or building regulation, within the JWA planning area. HELIPORTS/HELISTOPS Under PUC Section 21661.5 and iri accordance with PUC Section 21670 et seq. and California Administrative Code Title 21, Business Regulations, Chapter 25, Division of Aeronautics, Sub-Chapter 2.1, the ALUC is charged with reviewing and acting on proposed heliports within its jurisdiction. Fulfilling this responsibility, the ALUC has adopted a Heliports AELUP that is applicable within every jurisdiction in Orange County that permits such facilities. The ALUC is also responsible for making recommendations directly to the California Department of Transportation/Aeronautics Division, regarding the required state heliport permit under Section 21661.5 of the PUC. ALUC review of proposed heliport/helistop projects is initiated through referral of the development permit by the sponsor's or the local agency's referral for a development permit. The ALUC will review any proposal for a heliport/helistop within the City of Santa Ana with respect to safety zones, noise impacts, and height restrictions as defined in the Heliports AELUP for Sections 2.2.1 through 2.2.3. Emergency flights for medical purposes and temporary landing sites do not need to be submitted to the ALUC. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Chapter III Policy Plan The City of Santa Ana, in adopting the Airport Environs Element, adopts the following goals and policies that serve as the framework for implementing this Element. GOAL 1 `Protect sensitive; land: uses from. airport related noise, impacts. Policy 1.1 Residential development within the JWA 65 dB(A) CNEL Noise Contour or greater is not supported. Policy 1.2 Advocate that future flight path selection be directed away from existing noise sensitive land uses. Policy 1.3 Require all residential land uses in 60 dB(A) CNEL or 65 dB(A) CNEL Noise Contours to be sufficiently mitigated so as not to exceed an interior standard of 45 dB(A) CNEL. GOAL 2:' ° 'Protect.' the safety of the general `public 'from' aircraft hazards. Policy 2.1 Comply with FAA regulations and ALUC requirements on new development and redevelopment located within the height restriction zone for JWA per PUC Section 21676. Policy 2.2 Minimize hazards to aeronautical operations by ensuring land uses do not emit excessive glare, light, steam, smoke, dust, or electronic interference in compliance with FAA regulations and the JWA AELUP. City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Policy 2.3 Comply with FAR Part 77 and the AELUP's for JWA and Heliports as they may be amended from time to time. Policy 2.4 Prior to the amendment of the City's general plan or a specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the ALUC, and pursuant to PUC Section 21676, the local agency shall first refer the proposed action to the ALUC. GOAL. 3: Minimize fhe impacts of heliportslhelisfops on the' communify Policy 3.1 Encourage the design of new heliports to place as much of the approach/departure path on heliport property or on publicly controlled land as feasible. Policy 3.2 Avoid the placement of buildings and congregations of people within Helipad Protection Zones. Policy 3.3 Prevent obstructions to heliport approach and departure surfaces. Policy 3.4 Comply with FAA Regulations, Caltrans Division of Aeronautics and the JWA AELUP for Heliports in the development of heliports. cts ~_ G Q ~u c J+ ~' v U , C a Q a~ a E U N 0 ~ o!ws!ag } } } } ~(6~au3 } } } } uo!;ea~aaa pue seed } } } } W `aoedg uadp Z a ~. uo!;en~asuo~ } } } } O ` sa!;!!!ae~ oi!gn } } } } y, d Z s~opwo~ ' W W Bu!snoH } } } } Z a ' ;uawa6euepy }• } } } QJJ 43nnoa J Z' C '~ ~ uo!;eanp3 } } } } ~ ~ ~ ~ ~ ~, ;uawdo!anaa W ~ o!wouoo3 } } } } Q Q v uo!;e!no~!~ } } ~- ~- UQ ~ c ~ c~ } } } } } } } } } } } } } } } } } } } } } } } }. } } } } } } } } } } } ~- } } ~- ~- } } } } } } } } } } } } } } ~-• } .} } } } } } } } } } } } } } } } } } } cn ~ .~ asn puel } ?• } } ~- } ~-• ~- ~- ~- ~- } ~- ~-• ~ Q C ~U Qm rv'.c=' o `~ ~ <~ c jo E oc~ ~• mm ~' oy v w. ~ O 4 2 co ~o E W mCtiw > >~ ° o c •..~' •w Q ~ ~ o t ° avi c cQ c °a~ m ~ h v o Q o~ c `° v a v °c ~ ~j'o 3~ ° aot ~ z v ~ o, a ° a, ~ ~ Qm iy maoy~aci ~tOi.C~ c 4j Oi '0 >a Z ~o Q c m o c o• ~c v c m o° Q c •c O o W 3° ay o cQ~o~~ ~~aa,y y c ~°, m y~ ~ u o v ,~ o ' Q a, E a~ o, •, t a y o o c _ C O W O r ~ C~ ~ v3Oyy~ yO•yV N C~ C ~ ~•C C y y~ 3 J~ N R'C y ~al~ 01 W •C ~ y W V~ t`0 •C N Q v~ V N. ~ V C y lp 'C .C N ~ ~ O G> ,~ C W ° 3c~ayiaa `.°z~.oRwao~,~ ,w°Z`~ ~ a3,° a,~,'c c• 'A '~' ti N B O C~ ~ ]. y aCi Off, ~ O ~ G1 J aCi ~C( C ~O •~ Q tom. .0. ~ C d •~ ~ ~ ;~ IV ~ ~ O <p •~ O •C •C Ol.-.. W O v, va ~ O O C C 3U v'S Q v+.. ~..a ~> Ofp' O C a~ C° C ~~ ~c >c>>,'ooayi-~ `~- ~v~iyo~'3~ c°c~V .~ o'c °'a°i° ~W V '? m y r. Q o ° w a m Q m o,•~ ~- ~ ° 'o c ~ v ~ Q ~? ,.°'. c= oa ~: ~.c ~ y c.c ~o L~ cQ a w~ ~a~ Q c~ m ~, v Q3 ... c m u~. m a, o. m _0 3 W O ~ H v ~V y ~S O t 7 ~•N aki E. wa''~' yg +_.. ~ ~ w ~ `+ ~~ a y a ~ ~Q ~~Ua ~ V ~~ °~''cV 4~wa'a° .~ ~ n;c' ~ °L' c ~ O~ o o ~ c c y~ o ~ o ~ y a p s ~_ Wa mQw4 V~ a iv •yip C .~ N c cri vw C :~~ mom; 3 N ~(~~+ k nz ~ N acV O LN N t;~ C Gai ~ ty C!~'pj yrj yrj O y O 'O ~ ~. N ~. O~ O N ~ N >.a N >. ~ O = R1 y M c0 y C G~ e0 ~C ~ ~c ~yE~W~ is ~m~ayia~i~ai~CO~C R ~~~p=yV~VOQ Q~ .- C7 a°ia~°C°V.c °° o° y ~ o•E o. y o 0 0 o Qc o a~i o j o a`> u, ~ a_a ~•_a~a a. a.a ~ a ~_a as yaQ.c 75C-91 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. 75C-92 A_, City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 Appendix B Glossary/Defnitions As used herein the following terms shall have the following meanings: AELUP Airport Environs Land Use Plan (a land use compatibility plan referred to in Public Utilities Code Section 21675 Airport Any public or military airport, air station, or air facility within Orange Coun , CA ALUC Airport Land Use Commission for Orange County APZ Accident Potential Zone (zones established around some airports based on accident histories and o erational characteristics) CNEL The Community Noise Equivalent Level (CNEL) is the energy average noise level measured in A-level fora 24-hour period, with different weighting factors for the hourly noise levels occurring during the daytime (0700 to 1900, 0 dB(A) weighting), evening (1900 to 2200, 5 d6(A) weighting), and nighttime (2200 to 0700, 10 dB(A) weighting) eriods dB(A) A-Weighted sound pressure level or A-level is the sound pressure level that has been filtered or weighted to quantitatively reduce the effect of the low frequency noise. It was designed to approximate the response of the human ear to sound. A-level is measured in units of decibels. FAA Federal Aviation Administration FAR Federal Aviation Regulations Heliport An identifiable area on land or water, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. Does not include temporary landing and takeoff sites. Refuelin and overni ht maintenance are ermitted. Helistop An identifiable area on land or water, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. Does not include temporary landing and takeoff sites. Refuelin and overni ht maintenance are not ermitted. Obstruction Any object of natural growth, terrain or permanent or temporary construction or alteration including equipment or materials used therein, the height of which exceeds the standards established in Subpart C of Federal Aviation Regulations Part 77, Objects Affecting Navi able Airs ace. PUC California Public Utilities Code 75C-93 City of Santa Ana AIRPORT ENVIRONS ELEMENT December 18, 2008 This page intentionally left blank. Proposed Amendment to the Land Use Element Revised information Page A-45. Santa Ana General Plan (page A6) °;1.2 °t, •a ~^~Pt~T alam~nt T„ .,,7.7;+;,. +1.. L'1 + ' + +1. ,7 + ,7 A ' ,-+ ~ „~ Y Y Yw 4 The Airport Environs Element of the City of Santa Ana General Plan serves as a long range policy guide ensuring that development in the City does not endanger the general public from safety or noise hazards associated with aircraft in the vicinity of John Wayne Airport (JWA). Additionally, it provides guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City Man-Made Risk (page A45) ./~ r_r_r_~ f~ Tt, o T„1,,, Tx T.,....., /~1,..,,, !'' ,+.. A ;,.~,..,-+ ; ~ 1.,,,.,+ .7 + 1 ' 1 J b ~ t/ 4 4.l {Al /~J1VL11SL u~+., f'+L.o !'';+....F +1,0 ° ~ T ~ Do.al,;11 A ~i2-- ' z ~ F ~ i n;1 v C-t1 - ° ic-n ~r,~Bisrcarc ij ay-- i a cii - - ~- & Gt~YO~ n '~" Q i 1 tit z ~r,~ ., 0„+1 „<...1 .a ' ' ~ v r c c rn' `-ir,~0rrccsciir-aixa-cn~~~- , .a 7 n'` i~} i - ~ ~~' ~ ~~urc xncrrc-v c ciro@ ll j u r V a .r +~+ n~fianti~l to ar~.~tri U ~~}}~ z r ati v c r p 0 ~cz ~ ~n nl +.-, +' + +' 'F+t, ~ r-E~ ~-Sti~E~t~e".~~ + 1 + cnn ~ + ~.' ~. _--_ r-----__.._ .., .,_..».., ..~~ .,..,..,....,,.~...~ ,.., 44.E 11441 1b1441V1111 4L ~f fi-l~P-~}i~ -(0~-6i~1 ~ }t E~3 ~QI~S- ~E' ~ c~ ~ i ~ i izi "+ ~n~i ~ .r ,. ~.fin-^ -~riJes~l• ~r P rr g ~c f, nF 2 i ~xxx c A~l-f~e~e -~~er ^ ~ n ~~~ TV ic-anFv rc- ccc + ~ •, ~ Tom, ~ ,i ~ A +• r ~~ z~r es~- -o~ A a • +;. +• a + + +i, ,.~ ~ n.,+o.,+;..1 1..,.,.,,-.ate .. ,~1, `1 Y J~~ ~+...,..+;..,~~ + + T.,~,„ ~ 7 A ' - O 0 ~ w ia~ui 4iic-uaiPyi cZVr ,-f D 1.'1,'+ A 1 !1 r ~rracm rrrsT p 0irS-ucav'txtt-1 ~Y~ ~ zi iPvrr-~.cirivrc-rz-xv a a. aa44..... ~ ~b~_a~ J a v. a~ y., µo 01 + 1 .. ~aava v V. V V1.1111V11L-CI:~J~Jl p"~iTl. Aircraft -The John Wayne Airport (JWA) is located approximately one half mile southwest of Santa Ana. Tall structures have the potential to cause obstruction to air navigation for JWA in specific areas as defined in the City of Santa Ana Airport Environs Element. The City of Santa Ana will submit for Airport Land Use Commission (ALUC) review new development or redevelopment projects which contain amendments to the City's General Plan or a specific Plan andlor adoption or approval of a zoning ordinance or building regulation, within the JWA planning area. EXHIBIT B 7 c ~ _~ c GPA-2004-3 Noise Exposure (page A46) cc ~ ii z r~ a ~ ~AT~ r o :'+ ~„~z ° ~1° ~ ~Ftl,~ C`-v„o,..,l Dl 4 y" -csr ncs v ~ c ~ ~ .., ..~... TCpisiu vi L1 . ,,,.,,.,.o ,r ,,,.o.,~ ,~,4.,i.lo o.,,.o ., o,l;,,.~ 7n ,lu A ,,,1 .. ,,.a;*;~,,,nll~r nnc .catnl+lo l.o+...oo., CG ,,.1 7n ,11~ A ~ .. l.,.t, rlo..~,;4.. ~.;rnle ~ „-,; 1., rl.t,oll;,,n i~rii4c._ Noise Land Use Compatibility - ...Residential uses are normally unacceptable in areas exceeding 65 dB CNEL (Noise Impact Zone 1) and conditionally acceptable in areas between 60 to 65 dB CNEL (Noise Impact Zone 2). [insert new FAA Notification Map page A47] see attached tee., i~ c au n ~ „~ T„~~~e-~pert ~to,~.o„~ ;,, .,,-.io,- ~.... ,,l.,.t,;tl, ~l,o n ~ '~~tl~, r"tea .,,, n ;,..,,,,.~ ~~~z~~ ;,.,~.,,,.t R,,.,;,-,,,,~ r ~,,.a rr~o yl~,, f ,-+l,o r~„r.ksL (Page A48) Airport Noise -The City updated its Airport Environs Element detailing potential noise impacts for the Planning Area impacted by the John Wayne Airport. Although the area within the 60 and 65 CNEL contours (Noise Impact Zone 1 and 2) is relatively small, there are sound attenuation requirements to minimize the adverse effects on the community within the specified areas. 7 c ~ _ ~ c GPA-2004-3 Proposed Amendment to the Noise Element Revised information Page 34 > > ~~ Do~;.aa.,+;.,1 L.;.~l, .70„x;+,. ~9A~S ~ ~ ~~ ~9 ~ TABLE 1 . Interior and Exterior Noise Standards Residential ~ Single-family, duplex, multi-family ~ 45 ° ~ 65 Institutional Hospital, school classrooms/playgrounds 45 65 Church, librar 45 -- O en S ace Parks -- 65 NOTES: 1. Interior areas (to include but are not bedrooms, bathrooms,- kitchens, living rooms, dining limited to): rooms, closets, corridors/hallways, private offices, and conference rooms. 2. Exterior areas shall mean: private yard of single-family homes park picnic areas school playgrounds common areas private open space, such as atriums and balconies, shall be excluded from exterior areas provided sufficient common area is included within the project 3. Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305 of the Uniform Building Code. EXHIBIT C 7 c ~ _ ~ Z GPA-2004-3 75C-98 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PUBLIC HEARING - EIR NO. 2007-02, ZOA NO. 2008-04, DA NO. 2004-04, CUP NO. 2008-34, VTTM NO. 2008-04 AND SPR NO. 2008-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE SKY LOFTS RESIDENTIAL TOWER DEVELOPMENT LOCATED AT 301 EAST JEANETTE LANE - TRANSACTION FINANCIAL CORPORATION, APPLICANT ~~ ~ ~ '~ ~~ ~. CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ impiementing Resolution ^ Set Public Hearing For_ CONT{NUED TO FILE NUMBER RECOMMENDED ACT10N 1. Adopt a resolution certifying Final Environmental Impact Report No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04. 3. Adopt an ordinance amending Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2008-05. PLANNING COMMISSION ACTION On January 12, 2009, the Planning Commission recommended that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2007-02; adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04; adopt an ordinance amending Development Agreement No. 2004-04; adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned; adopt a resolution approving Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) as conditioned; adopt a resolution approving Site Plan Review No. 2008-05 by a vote of 5:1 (Yrarrazaval opposed, Turner abstained) to allow the construction of the City Place 75D-1 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 February 2, 2009 Page 2 Sky Lofts residential tower development located at 301 East Jeanette Lane in the Specific Development No. 59 (SD-59) zoning district. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. '~~. J y Trevino Ex tive Director Planning & Building Agency SK:rb ak\reporta\city place.020209.cc 75D-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 12, 2009 TITLE: PUBLIC HEARING - EIR NO. 2007-02, ZOA NO. 2008-04, DA NO. 2004-04, CUP NO. 2008-34, VTTM NO. 2008-04 AND SPR NO. 2008-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE SKY LOFTS RESIDENTIAL TOWER DEVELOPMENT LOCATED AT 301 EAST JEANETTE LANE Prepared by Sergio Klotz 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 ~it ,c IJ,vI ~ ~ Planning Mana r 1. Adopt a resolution certifying Final Environmental Impact Report No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008- 04. 3. Adopt an ordinance amending Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008- 04 as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2008-05. DISCUSSION Request of Applicant Mr. Bob Bisno with Transaction Financial Corporation is requesting approval of various entitlement actions for a proposed high rise residential condominium tower, including certification of the environmental impact report, zoning ordinance amendment, a development agreement, conditional use permit, vesting tentative tract map and site EXHIBIT A 75D-3 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 2 plan review. The proposed project consists of a high rise tower, stacked townhomes and parking structure on an approximately two acre site. The residential segment will provide 333 condominium units within the tower and 20 stacked townhouses wrapping one-side of the parking garage. Several actions are required to entitle the project : a) the project was identified to have a potential adverse impact and therefore required an environmental impact report; b) a zoning ordinance amendment is necessary to amend the Specific Development No. 59 zoning standards; c) an amendment to the existing development agreement defining the terms and nature for the proposed development; d) a conditional use permit is required to allow a residential high rise project; e) a vesting tract map is requested to allow the subdivision of the existing property for residential condominium purposes; and f) the project location within SD-59 requires approval of the site plan. Property Description The City Place development comprises approximately 17.7 acres at the northeast corner of Main Street and Memory Lane. The site extends from Main Street on the west to Lawson Way on the east and from Memory Lane on the south to the city border on the north. The tower development proposed is situated on an approximately two acre parcel located on the northeast portion of City Place and generally bounded by Lawson Way on the east, Jeanette Lane along the south to the existing City Place development to the west and to the city border on the north. The subject site is located within Specific Development No. 59 (SD-59) zoning district and has a General Plan Land Use designation of District Center (DC), which permits residential development. Surrounding land uses include the Main Place Mall, commercial, retail and residential to the west; Santiago Park, offices and parking structure to the south; a senior residential development and offices to the east; and retail, offices and parking structure to the north (Exhibits 1 and 2). Project Description The City Place land use, planning and design provide a mixture of uses within a common setting. It stresses a people oriented environment where pedestrian and automobile traffic can co-exist on-site to create an experience of urban activity in a safe and high quality setting. 75D-4 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 3 City Place has been designed with the commercial component oriented to the west end of the site and the residential component on the east. The site has been aligned to allow the development to have a greater presence along all of the frontage streets. The location of the buildings along Main Street, a commercial corridor, provides a link to the corridor and a visual connection to the mall. Currently, the City Place commercial component includes approximately 57,700 square feet of retail and restaurant space. McCormick and Schmick's and Corner Bakery restaurants are open and operating, while the Geisha House restaurant is anticipating an opening in early 2009. Additionally, other commercial uses include a Pinkberry's, Coffee Bean, Bank of the West, nail salon and the recent opening of Mother's Market. Seventy-three live-work lofts have been completed extending from Main Street to the north along the curved City Place Drive to Memory Lane. The design of the loft units provides large storefronts, pedestrian level windows, zero setbacks and a height that is consistent in mass, scale and rhythm with other structures in the area. The townhouse component provides two designs: The Courtyards and The Park. Both the Courtyard and Park designs provide residential units within a courtyard, with all front doors facing the open area. These developments provide a total of 168 residential units. The proposed residential tower consists of 333 units plus 20 stacked townhouse units wrapping the parking structure for a total of 353 condominium units. The tower has been designed in a postmodern architectural style, with a sleek and contemporary appearance. The project site is located within the northeast section of the City Place development (Exhibit 3). Reaching approximately 366 feet into the air, levels of living space, four levels of above levels below. Combining the living space and levels of structure above grade is proposed. range in size from 804 to 1,999 square feet and two and three bedroom units. the tower provides 27 grade parking and two parking, a total of 31 The living units will consist of studio, one, 75~-5 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 4 Vehicular access to the site will occur along Lawson Way and Jeanette Lane. Loading areas have been provided within the tower including a service loading area along the north side of the site allowing adequate circulation on-site and architectural integration. Analysis of the Issues At the request of the applicant, Commission granted a continuance of 2009 agenda. On November 10, 2008, closed the public hearing for the public testimony and discussion, the the December 8, 2008 agenda. on December 8, 2008 the Planning the action items to the January 12, the Planning Commission opened and City Place Sky Lofts Tower. After Commission continued the actions to Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR include aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, land use and planning, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. A draft EIR (DEIR) was previously distributed to inform public decision makers, responsible and trustee agencies, and the general public of the potential effects of the proposed project. On April 23, 2007 a Notice of Preparation (NOP) and Initial Study (IS) was circulated for the preparation of Draft Environmental Impact Report No. 2007-02. On May 16, 2007 a public scoping meeting was held at the Santiago Park Lawn Bowling Clubhouse during the required 30-day public review of the NOP. The EIR was then prepared based on information provided in the IS, as well as issues expressed in the comments to the NOP and scoping meeting. In accordance with CEQA, a draft EIR was circulated for review and comment by the public, local, regional and state agencies, and interested parties on November 7, 2007 for a 45-day review period. On November 26, 2007 the Planning Commission held a public meeting to solicit input from interested member of the public on the DEIR; no public comments were submitted at this hearing. 75D-6 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 5 The City has evaluated the comments on environmental issues received from persons or agencies. In accordance with CEQA, each of the public agencies and interested parties that comment on the draft EIR will be provided a response to their comments. Within the DEIR is the Mitigation Monitoring Program for the project. In addition, the Findings of Fact and Statement of Overriding Considerations have been included (Exhibit 4). The DEIR has determined that implementation of the project would result in unavoidable adverse impacts to aesthetics, air quality and traffic. All other potential impacts associated with the project were determined to be less than significant or were provided with mitigation to reduce impacts to a level considered less than significant. Aesthetic impacts are a result of shade patterns cast by the height of the proposed tower and parking structure. Shade would be cast on Town and Country Manor Retirement Center east of the project and on residential uses west, northeast, south and southeast of the project site as well as park uses which are not shaded by existing site features. These areas would receive one-half hour more of shade at various times of the year. Air quality impacts are a result of construction and during the operation of the completed .project. During construction and the application of architectural coatings, thresholds established by the Southern California Air Quality Management District (SCAQMD) will be exceeded and result in a significant adverse short-term regional air quality impact. Additionally, after project completion and operation begins, emissions of reactive organic gases (ROG) produced by vehicle and stationary sources will result in exceedance of operational thresholds established by SCAQMD. These ROG emissions are based on the volume of project related trips attributable to the proposed project. As a result, the ROG emissions cannot be mitigated to below a level of significance and would constitute an unavoidable significant adverse impact related to air quality. Implementation of the proposed tower would result in temporary cumulative traffic impacts. The 2010 traffic conditions between La Veta Avenue and Town and Country Road cannot be mitigated to below a level of significance without amending the Master Plan of Arterial Highway (MPAH) road classification from a Major Arterial to a Principal Arterial. This road reclassification would provide one additional lane in each direction. In the year 2030, this road segment will operate at an 75D-7 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 6 acceptable Level of Service (LOS) with or without the proposed project. Daily volumes projected for 2030 were generally forecasted to be lower than the daily traffic volumes in 2010 because the build out of the MPAH would provide additional road capacity on the parallel north-south arterial highways such as Bristol Street to the west and Grand Avenue to the east. The additional road capacities on these arterial highways would alleviate traffic demand on Main Street by shifting some of the traffic demand on Bristol Street and Grand Avenue. Therefore, implementation of the proposed tower would create a temporary significant and unavoidable adverse impact to Main Street between La Veta Avenue and Town and Country Road until Bristol Street and Grand Avenue are built out to the MPAH designations. The environmental impact report has identified a significant and unavoidable impact to aesthetics, air quality and traffic. No feasible mitigation measures are available to reduce the effect. As a result of the impacts that cannot be mitigated to a less than significant level, adoption of a Statement of Overriding Considerations is required prior to approving the project. A Statement of Overriding Considerations is the process through which decision makers balance the economic, legal, social, and technological or other benefits of the proposed project against its unavoidable environmental impacts. Zoning Ordinance Amendment The specific development district is a customized zoning classification used for unique and/or mixed-use projects. In 1993, a specific development zone (SD-59) was approved on the site to accommodate an extremely intense mixed-use project. The entitlement included a 22 and 32-story office tower, 19-story residential tower (216 units), hotel, parking structure, restaurants, health club, retail space, cinemas and live theater and attached residences (64 units). The total project gross square footage was 1,964,770 with parking to accommodate 5,464 vehicles. In 2004, the specific development plan was amended to allow the current development of City Place incorporating the intent of the previous entitled project. The specific development text lays out criteria for the review of the current construction project. 75D-8 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 7 In their decision to amend SD-59 in 2004, the City Council directed the developer to investigate the feasibility of constructing a residential tower on a two acre parcel in the northeast portion of the site. After careful consideration, the developer concluded that a high-rise residential condominium project was feasible and appropriate, and submitted plans for review. As a result of the proposed project, the development of this parcel differs from the actions previously approved and therefore requires an amendment to the current SD-59 (Exhibit 5). The following highlights those changes: Land uses The primary change to SD-59 is to allow a residential tower by issuance of a conditional use permit. In 2004, in order to ensure the Council's opportunity to review a project on the remaining two acre parcel, SD-59 was amended to only allow one single-family residence per acre. By doing so, future development of the site beyond two single-family homes would allow the Council to provide future input and review. Additionally, staff is requesting changes that help to clarify the uses permitted on the commercial component. These changes would not add nor delete uses currently allowed within SD-59. The changes would merely provide clearer direction on the list of uses currently permitted. A variety of commercial uses will continue to be permitted with an emphasis on sit-down eating establishments and retail. Parking The current SD-59 standards do not address parking requirements for residential condominium units configured in a high rise. Unlike the current development on-site, the high rise will not provide two-car garages for each unit but rather provide parking within a parking structure design. The proposed parking garage is designed with two levels of parking below grade and four levels above grade. A total of 729 parking spaces will be provided including visitor parking. The parking accommodates two parking spaces per unit, with studio units assigned one parking space each and an additional 70 parking spaces for visitors. An amendment to SD-59 is needed to include these parking standards for Lot 1 of Vesting Tentative Tract Map No. 17242. 75D-9 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 8 Building Height The maximum building height will be adjusted to mirror the tower project as proposed, a maximum of 366 feet. This change would only allow this height on Lot 1 of Vesting Tentative Tract Map No. 17242. All other height restriction will remain in place. Development Agreement The development agreement is a legal contract between the developer and the City defining the terms and nature of development. In 2004, a development agreement was approved; the term of the agreement is eight and one-half years. It establishes development intensity, density, permitted uses and standards for the term of the agreement. In exchange for the City vesting the standards and changing allowable intensity, the development agreement requires certain public benefits (Exhibit 6). The main points of the amended agreement as proposed by staff are: 1. Term: The term of the development agreement will provide 10 years. If by the seventh year permits have not been obtained, additional fees will be applied including public art. 2. Inclusionary Housing Fee: An inclusionary housing fee of $3,000 per dwelling unit or a minimum $1,059,000 is required. As 353 units are proposed, this would generate $1,059,000. 3. In-Lieu Park Fee: The developer is required to pay the City an in- lieu park fee of $7,841 per unit. This is expected to amount to a fee of approximately $2.76 million. 4. Conditions, Covenants & Restrictions: The developer is required to prepare and record CC&Rs to cover the residential units similar to those CC&Rs required of the first phase as well as Nexus and First and Cabrillo projects. These requirements limit the number of residents in each unit and require owner occupancy. Conditional Use Permit A conditional use permit has been requested to allow the residential condominium tower project. Should Zoning Ordinance Amendment No. 2008- 04 be approved, a conditional use permit will be required for any 75D-10 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 9 proposed residential condominium tower on Lot 1 within the SD-59 zoning district. The residential tower component is envisioned to create an urban element and focal point within this mixed-use environment. The overall plan for City Place encourages a variety of residential living opportunities linking the components and accentuating the District Center urban character. The residential tower units have been designed in a manner that is harmonious in scale and character with existing development adjacent to City Place, contributes positively to the surrounding commercial and residential areas, provides a development in keeping with the standards for high-rise residential towers. The high=rise tower will provide 333 units, while 20 stacked townhomes will line the southern side of the parking structure. The tower will position its entry at the western corner of Jeanette Lane accented by two water fountains. The townhouse units will front directly onto Jeanette Lane extending from the tower lobby eastward to Lawson Way. Each unit within the tower will be approximately 804 to 1,999 square feet in size and will range in studio, one, two and three bedroom units. The townhouses have been designed as either a loft style or more traditional townhome, two stories in height. These units will be 1,494 square feet in size and offers two bedroom and two and one-half baths. Open space has been provided in a variety of ways including common and private areas. All units, both within the tower and townhouses will provide open space in the form of private decks or balconies for the sole use of that unit. The average area size of the private space is approximately 100 square feet. Additionally, on the podium deck, common open space has been provided. This area contains both open and enclosed open space. A pool, spa, fireplace, seat walls, tables, chairs and chaise lounges will be provided throughout the open deck. In addition, enhanced paving will be provided on the amenity deck as well as landscaping located within plant containers. The outdoor space is approximately 35,169 square feet in area. Indoors, on the same level, a 1,032 square foot media room, 1,222 square foot common dining room and 1,503 square foot gym will be accommodated. All of these accommodations will be available for the use by all residents. Private storage space will be provided for each unit. The Sky Lofts Tower will have one storage space per unit within the parking garage that is a minimum of 40 square feet in size. 75D-11 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 10 Vesting Tentative Tract Ma The proposed vesting tract map for this project satisfies two objectives set by Council to provide for-sale units. The proposed vesting map creates condominium subdivisions for each housing type. The condominium subdivision is necessary to provide the for-sale units. This encourages home ownership (Exhibit 7). The vesting nature of the map ensures that the standards to be applied to the project will be those adopted with the approval of the map . The map is designed to be in compliance with the applicable development standards found in Chapter 34 and the Specific Development document. Site Plan Review Santa Ana Municipal code requires a review by Planning Commission of all plans within a specific development area to ensure the project is in conformity with the specific development standards. 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 zone. The proposed project is in compliance with all applicable development standards including the General Plan, Municipal Code and the City Place Specific Development Plan (SD-59), as amended. Additionally, the proposal is in keeping with the surrounding area and will improve the desirability of investment in the City. Finally, the project has been determined to be in compliance with applicable parking, landscaping and architectural provisions governing the project. The residential tower development project will enhance and provide a positive improvement to the north Main Street district though the development of a significant vacant parcel of land within the City Place development. The development of this site with high quality design, materials and finishes, the inclusion of a fountain, a ground level lobby and residential units, and the creation of a physical and visual link within City Place will help in energizing and strengthening this northern gateway area. The project will reinforce an active, vibrant urban lifestyle envisioned within the District Center designation of the General Plan. Additionally, the project will be of direct benefit to the community by providing additional housing opportunities in the City. The 75D-12 EIR No. 2007-02; ZOA No. 2008-04; DA No. 2004-04; CUP No. 2008-34; VTTM No. 2008-04; and SPR No. 2008-05 January 12, 2009 Page 11 project addresses many goals and policies of the General Plan by assisting in the growth of an economically viable corridor, provision of a variety of residential land uses and the construction of a high quality development project. As a result, it is recommended that the Planning Commission recommend that the City Council certify Environmental Impact Report No. 2007-02, and approve Zoning Ordinance Amendment No. 2008-04, Development Agreement No. 2004-04, Conditional Use Permit No. 2008-34, Vesting Tentative Tract Map No. 2008-04 and Site Plan Review No. 2008-05 pursuant to the findings and conditions attached (Exhibits 8 through 11). Senioor ~l~~e SK: jm V sk\reports\city place.011209.pc 75D-13 J i~ Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER Mt LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT R1 eu v R1 PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN EIR 07-2/ZOA 08-4/DA 04-4 CUP 08-34NTT M 08-4/S P R 08-5 ~ ROBERT BISNO 1" = 1000 FEET 301 EAST J EANETTE LANE = soo FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~~BI~ ~F O 7 7 Y o 7 O r a n g e W l!J C O M M E R C I A L OFFICE ~ } N AND J -~ PARKING Z N COMMERCIAL STRUCTURE 3 f a J ORANGE CITY LIMITS c:,:, W .. l 313 .~ t..: ~u , t w_ U ~ ~ a ~~ ~ c `` e , . ;~ ih ~~ . L ~,~ a SENIOR ~ ~,~+ Y~WjI. ~~ ~~^{ ~,~'T`{ ~ F ~?' ti+ CARE s. r u Z ` ~,` is,L~. ~y~'~ ..~ ~t x~ ~ ~_id ~.~ 4 a~~ FACILITY ~ M~ I~i Z. Y :'h a!A'~ nv OFFICE ~ i i~ 'e..(~~ s.`~y~ ~.r a~ f ~~ T . ~.§, ~~~, J~ ~~ ~_ Y r ~~~~,- ~ ~~ ~ I PARK MAIN PL. DR. MEMORY ~-p' SANTIAGO CREEK OFFICE OFFICE G O ~ Z ~~(\P' ~ ~ ~ PARK ~ AND 5P SANTIAGO ~ ` RESTAURANT PARKING STRUCTURE E I R 07-2/ZOA 08-4/DA 04-4 CUP 08-34NTTM 08-4/S P R 08-5 __ ROBERT BISNO ~ 301 EAST JEANETTE LANE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 7~~B1T~ v x'43 ~ Y ~~ 9' ~ J _ SSSa v c EIUAOjI~E'J 'EUy ElUEs 3~-' ~ qq ~ I~E ~Q ~ _ - - 35. w ~ BUE'~ By38UE0(` ~ ~' ~ ~ E & ~' ~ 9 ~~13 i~ ~ W w _ ~ ~ - `3w ~° a ~ ~~ SldOl A)IS 3~1/~d Jl.ll~ a ~ ~ i ~ a ~~s~~ffFa I:@e~ ~~ ~~~~ $ ~ a ~- Z ~ ^ ~ ~ as°s"9s"so C ~GI~IE~P~ ~ v1 m 9o d a a 8 i€@I~'o:l ~ ~ Il ~a ~4 ~ EIR 07-2/ZOA 08-4/ DA 04-4/CUP 08-34/ VTTM 08-4/SPR 08-5 75~~~ a Z O OJ a U a Z a a ~~ z a W `~ J ~ ~ ~~ so II~ d«°~ffi °~~~~ ~ ~~~~~ ~ 8 ~6 ~ ~~ 9 ~~~~ ~d ~~~~~ ~ YUw ~jff C 34a ~~~ _g~~~~ w~ ~ k~ir~ y~d y ~ ~ ~ ~}~ 355 ~~ ~~~3 Y~ ~~~8 ~~~~ :~ 'gig x $~$ z5z5 ~~3 A~ S~V ~~~ ~~ ~~ ~ gio ~~ amo S V - ba#~ ~i~~ J G ~ 3 ~; r p ~ltl~~§~s A p F _ _ - ~ :. ~E S: u of z EIWOjI~B'J BIJt/ElUBS BL12~0110UE0(` ~:~ ~c w ~-_ pl€I9~& pl f@ ~ ~ O w _ ee, g ~~ SldOl AHS 3~Vld Ally ~tl~~~~~~ ~ w ~ : ~ a = s a b ~R ~~A~1~ ~ e g ° . ~ ~ N m go ~ 9 ~~o g ' nw xl @9 ~:~ 6 ~~ 3 a ~ a 6 C f H t7 J 00 ~ ~ ~ ~~ _ K ~ ~,~z ~ ~~ z~~~N~~~ "~~~ w~ }~~ ~ ~ ~~~g~~~~~5 ~o~~w~~>~~~ ~ = O ~~~~ ~~€~ ~s~~~3~~~~~~ 38$g ~~~g ~~~~~~~~~~~ F ~ J Q w Z D ~ ~ C ~ ~ wa Y z F ~ ~ o R 9 3 y ~~~~~~~~~~~~ <$~Sd y ~ ~~ 3 3 ~ ~~`y~5~; ~~yy~ d~~~~~~~~~~~~~b d d ~ C~ ~aT~w~w ~ ~ ~ ~ 4 g 4 ~~ ~3 $ g ~ EE S~ g g~~~S9g89S~8~~€E~~~~~~~~ m~ ~ r~ ` S < °.3~7F ` 72 ~ 2 777777n~22 Y2 < re " ~ W 7~~y„ h 8; 1 W Z .. „~ ~ k~W~~~~ ~ ~ e E~~ ~ Z ~o~m~~~~ ~~~~~ ~~~~~~~~ ~ ~~ gg g 3gsg~ ~~~E~~~€Z€~~~~~a~ Y g ~ ~ ao 9 - W ~ ssssss4sss 2ss~s d ~ ~ s Y~ y 3u f' ~u 3333$ ~ $~$~ ~3~3~ ° s&s~r~ " ~e~$s$ s~~e~ s W ~ ~ _£~~£_ ....___ ,. ~ 4~E=~£ _ ., ___.. ,._ =g£~ __ x~ Z ~ ~ - ~€ V S~ c ~5~~ ~ ~~ 8 ~~ ~ N ~~wo~~~~ °~d ~ H ~. y S`n 3~»og ww ~ g~~Sy ~. V ~ W ~ ?w88;8 ~~ ~~ ~~~a _ V ~ x2 2~~~ ;~ w z~ a _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m m ~ ~ o o • m ? ~ d ~ _ . ~ .m ~ ~ ~ ~ ~ , x x , x ~ x x x x , x x x :< , x , x a~ m~ ~a a ~ N s w = a ~ ~ ~~u a A ~ ~ - Hw ~ ~ ~ ~ w a ~ N"~°uai p ~ ~ ¢ ~ ~ c _ i ~ ~ ~~~ ~LL ~ ~ ~~ gW~ d ° ~ ~ ~s ~` - C z~' :~~ ~ ~~ ,._ _ ,.,.s~~ N Z O 5 V Q QV W C Q 2 H ~ 3 =_ ~V ~ 3~° 8 S ... ~ ~ _ ~ ~z 3 ~ u m ~ ,__ _ ,; ~' 5 ~;;; 6 ~_ ~ ~ I ~ ~ ~ = i _ V I~ Y ~ ~ ~ 0 0 a ~ " ~ ~ ~ ~ ~ s ~ ~ - o w 3 ' ' " ~ g ~ ~ ~' _~s ~ S . ~ z~ o a a c ~ s~ w <~mw _ _ ~ w ~ $~ ~ ~~~ ~ ...,g~,g ow ~ ~ ~g~~ g a 3 eo~y_~ ~ ~ a ~gm ~~ ~~ ~ S~ 3 ~ ~ $ W w_~wF>s °'a s 5~~ c ~g°~ 3 a ~ W ¢ ~SG VaBaLL S -Oags~~~ _ D F d W~ ' w ~ ~~„~ p J m z ~ ~,ww~~ "8oa 6o°p~°'c° °a yz¢~FVagg3 a a wSWw r ` V a ~ g° ~ .. aN° S x V m € a~s8 a~~ i m~c~aw~3~~ _m - WC `~ W O 6 ~~ 3 ~ c~ ~ .. ° ~ ~~~ ~3 6 7Q " ssss~ $s~~==aa~ ~ Sygoo~~=og ~°o~gYB_g~~c~ a ~ ~ ~ SG = i ~~o~> $ 9 $ 6 ~~~~~~#~~~E~~~~3~c~~wa'~~3 7~~f 13/ ~ _ €°~~ u EIUJOjI~E'~j 'EUd E{UES ~~' d ~g~~A N N _ - ~ u3, ~ N 2UE'~BUaUEB(' ~~~~~~' ~8~e~ ~ u 0 w 3;~ ' SldOl AHS 3~d~d JLLI~ ~ ~ ~' ;g~~~ s s a w _ ~ _ _ ~~ s~ EIS ~ ~ O `" o ~~ an. k~~xx~k~ '~~j~~~ ° ~ s ~ a ~, ~ m ~~ ~~ ~ '~~:og5o pp w q 8 ~ a 2 ~ ~` ~~ ~ g o ~~ g ~ ~ ga ~~~ s~ ~~ ~~ ~~ s x o o~ 0 0 0 :~ ~ Y ~„Y~ ~ _~~~ ~I ~~~ C S 6 J 7 7 0 6 N J a W W 0 J S J 3 F n' a ~ O ~ g ~ . ~ ~ a m$ _ ~ y ~~o ~~'~ ~~ ~ Z ~ =t w~ w~$'J $$~ ~ ~ ~ g ~~ ~~ ~3Y~~ duo ~ W ~ ~ ' w3 ~~~p i'<<~ °o a~ ~:4 6°~ ~u~~° ..r . n _~a ~ I ~ rT ,~ ~ ~7"~~ ~i i J 2 ~ f~ f, ~-' ~'~'~r '[r 4, W f `~`si~ I C~I~ o ~~ ~~ 1 _ F t I ^ F E ~ li J ~ _ 9~f ~ i~ r P ~~ ~ E 1- m ~A ~. - ~ pig-~ji _ _ oLl~ m s =, ~Ll m _ ~ ~ 5 6 S ~ - : S r I j -.. ~ ~ ~ W W GG - ~ ~ ~ ~ ~ ~, ~ W ~J j ^ ~;I y C II ~ 6 ii ~ ~ i C w _ 4 7 ~~ x ~ ~'- ~~~~ 3 '# J Y s r~~~~e C C6 _ - _ x ~9 u EIWO}I~E`J 'EUy ElUES` 3~C p 1g°~g a _ - ~ :. ~J~ ~ 3 auE-~auauae~ a~~81~~ = ~~! ~ `~" ~ ~ Z _ _ $s~~ ee. o ~~ s. SldOl AMS 39V1d Ally ~~~~ ~~~ y~ ee ~: 1 d~~ i~ N ~ J U ® 3 cea °?-5 2 5i II ~ to C ~ m ~a w' ~ .. s_~e..~ Yy l ~ a .~~~:6 1 Cn J F O '?a 1 oo. ~ aI~I~Ial~l=I~ x V 8~~'# S££ J y ~ y ~f~6~ u ~~ C ~ _ - _ - ~ ~$ Vii p _ eiwo}~~e~ 'euy elueg - ~ l ~ ° d g € !is°99o~iE ~ a ~ ~ = ~ ~ ~ aue ~auaueaf s ~~~ff~~ ~3e~ ~ ~ ~ w '° 81dO1 AHS 3~V~d Jlll~ p J ' $ N ~ .3 ~a ~~ ~ ~~ ~ ~ ~ w ® ~ a~~~~~s~ ~G~F ¢ ~ ~ ~ .. v7 ~ s m- ~:. ~ x Y Y x .~.~~:6 ~ d J @ ~ 8 ~ a ~ e ~ ¢¢ om I-\ Ir\~ \\ \\\. o °o f ~ m ¢ m ~ 3 ~ ~ 2 ~ z N ~ ~ ~ ~ a ~ ~ i a ~ `J o m~ a ~° 5 0 a ~ ¢w - ~.'a a m o ~ a --~ 0 0 yam - vi a°w ~ ~ o~~,u o'er F ~ ~ ~x ^ ~N ~¢F ~a ¢~ U> <a ~G oa o0 w - v~ s az a ~Q~ _m ~~ ~Q -- op ~~ 75~-~f~3 _ is w ~;~ 4 w _ ., ~ - #cec ~ ~~ g5 F i s~ s? M W~ :~ w ® ~~ ~~ ~ m ~ °o Y k ~'Y ~~" ~p~ eiwop~e~ 'euy elueg ~ ~ ~ ~ auelauaueaf ~~~~~~ C i"g~~ ~~3:~ w r ~ 0 SldO~ AHS 3~tl~d Ally ~ ~ ~ ~ e ~ ~ ak ~ 5 pp d.~1 N ~ w m ~ ~ a iS O ~~ 9~~ - w 7 s u A Q ~g~~~~~ e ~3~~€:~ ~ ~ 3~~ s a a 6 Z~ T Y ~- ~ ~- ~ ~ u s~,6 ~°5 ~~~6 ~~e 0 o ~ o w o ~~~ ~ ~ ~_~ ~~~ ~~~ ~~~ 3µ 7 ~~µ3Nr by \ ¢ ~ Sp_ ~~a°_ 4 ~'a W~~_ l ti 1 l~ 1~~ ~~ ~'~ ~ ~ ~~, ~ ~ ~~ ~ ~, ~ \i ~ u S 3 __ ___ ~~ 8~ 1 ~m 75~~~ _ ~ _ J - ~~33 g~ c~s~ J ~ ~ eiwoq~e~'euye;ueg Y ~3z !~0~~~~g. ~~e~ ~ _ "-~ - - - w ~ aue~ agauea~ S ~~~ ~~ ~a ° ' ~~ ~ 0 ost g ~. ldOl AHS 3~tlld Ally ~~ ~~ 5 ~ w ~ "J R: AA 8"ash Y o '7 0 ~x r H ~a xw 5~ m .; :. ~ y 4 '- ~ RR-seas ilEi~PG pg~m y pE'64 e4 ~ cgl .7 ~ y g k w 2 sl a 2 C ~S q ~~ ~ ~ ~ ~ ~ ~,sp SX ~~k~ '~~- ~ s ~ 3 ~ ~ a ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ g ~ ~ 9 z z x ~ l I $~ 7 ~ 8 ~ ~I~I o0oooooa ~ ~ 7 AtlMNOSMVI I_~ _ «_ ~_ -__-__ ~'~;-=fig W f°~71:~ ~2 2 ~ $ H EIUJO)I~E'J 'EU\I E~UES ~ ~ ~ ~° ~ ~ ~ w ~ _ - tl -3 _ auE-~ ausueaf ~ ~ ' ~ ry ~~ ~ ~ Q w _ ~ _ = ~`e3 g g~ SldOl ASS 3~Vld 1LL1~ ~ ~ ~ ~ w ~ ~ 33~g~y~ ~ ~a a `9 ~ ~` w ~ N w w S ~~ a ~fr ova ~~ ~ ~~ ~g g ~ ~ ~ Q ~ ~~ = ~ x~ ~ ~ ^ p ' g m ~ ~ a a ~3 aa a€ ~~ri ~~ ~ b.$:,J ~~~ ~P ~ y g P ~ ~ ~ pp ~~ % g~ ~ ~a ~ ~ 4 ~ 3 3 ~ g ~ 8 ~ W g ~ 3 S 9TFtlggggjY~ d~ W $Y p ~ p ~S ~ 3 yy 6 ~ ~4 1'x9 ~e~ Y §~ ~~ O O ~ ~ O O O ~ O z ~ x ~. m °I: - ?L - ;!. - 7~®f 2~3 m~. `4' r - - i~s~ €;:~ ~ k ~k ~ ~~k~~: _ _ - ~g 33 ~ ~ ~ eiwo i e 'eu a ue ~ ~ ~ d ~ s aue a auee ~ ~ ~ e p ~ ~ ~ ~•g~~ $~ ~ ~ ~ N w _ - ; 7 u f Sld ~ ~~ ~ ° ~ y _ ~:','~ c g~ OlJl)IS3~V7dA119 ~~~~~ 9~ 4°E+ ~E y ~~ ~ $ N w ' ~ b s~ ~ ~~afrcg~i ~~~ ~y} _9P. ~ 9 ~ > W ~ Q „ , F z R S~ cc~ ~ #kkR a a!x~% ~ Epaa ilB~~°~ ~~ a ~• ~ ~ n ~~~ ~ ~ ~ 3 ~ pp 3~ a€ g' a °~ i ~ ~ ~ ~ ~~ i~ 8~ ~ a ~ i ~ ~ ~ ~ ~~ 5 ° €~~~~$ ~ ~~ ~~ 0 0 0 0 0 0 0 0 0 ~ ~ t 7~~?~4 -~ 2 V - ~aa~"' :i£C ty EY J u EIUJO)I~E'J 'EUy E~UES ' Y Ry ~ ~g~ e s ~ yy ~1r~p9~sp i~JQC'Qpgg ~ c~ w n ~/~ \' W :. . ~ w w ' 2UE~ By1BUE8( qg ~ ~ F d ~ i~ C PP@ ~ p~y ~ w ~ s - " _ .~` ~~ 9~ SldOl AHS 3~tl~d Jlll~ °g ~~a5~c~ l~ ff @~ ; ~a."~+ '~ ~g 8. $ N F ® a ~ ~~ A s~$~~~y~ ~~ ~S$~{~~Vq ~~ ~ x v~ A m ~g =- ~ ~ ~€~199ie~ 6 a a a ~~ a z e 6 ag ~ a~ ~ s ~ ~ ~ ~ ~ € 8 Y3-~ _ ~ie~s ~ 4 ~ ag ~ yy~ ~ F„ g gg b' , 3 k ~t ~ x ~ ~ g g 4 1 §~$~~~~s i~ ~5 ~ ~~ ~ } € € ~ ~ ~€ ~ a ~e~}~~~n ~ ~~ ~~ o 0 0 0 o 5 o 0 0 0 ~ ~ x °~ - t Page l0of~~D_^~ 2 ~ _ ~~3 - ~~3# ~ c u = EI WOjI~E'J 'EUFJ ElUEs s Sy ~ ? ~ Y ~ pl~~~~y` ~°3~;e ~ > Q w w V _ - - ^.~~ 7 a BUE'~BUBUEB(` ~~~~~ p f~9 i ~ ~ uJ _ 6~3 a g~ SldOl AHS 3~0'7d Ally ~ ~ e~~~g2 g g ~i:g A~ w ~ q ggg g \` F N ® ~~ E. o x N ~B ~ ~@ Pk R,$ s"~~x,~s o8~o9e~ iii ~~'p ~ BB~y ~ ii ~ O K 1 m 9 .~~~e6 8 ° a d ~~ a~ ~ ~~ ~i 3~ e '~ 3 3 ~a~f ~~ ~ j ~eg ~ g~g "°i s s~a~~,~~ ° sx ~ ~$~ ~ q¢ ~ a ~ ~ ~ i ~~~~~ ~_~~ °_ ~ ~~ li ~ 90 1 ? M ~ ~ ~ s o 0 o a o 0 0 0 ~ 5 ~ ~ ..~ I ~ n 3 -` 1 - -I -I -__I 1 ~J -~ W 7 W J 3 Y 6. Pag~,V~ 2 U _ ~i ~' f$ J C k a `pppp~~ssyygq, ~F ° _ ~5 c~ x u _ EIWO~I~@'J 'EUFf E3U@S ~ tl ~'pi ~ @8. ~°~Ie C~ _ w _ - c3~ ~ ~ 2UE'1 811BUE8(` 4 S ~ ~ ~ H ~ ~ 9 P~ p~ i f _ _ ., ~~_ o g~ S1d07 AHS 39V1d J1119 ~~~~~a~s ~ ~ ~i°~~ p y ~ ~ $ N w c ~_ .. ~~~£ 5 5 pp Y p ~ ~°9~~5~~~ ~ w ~ s F d ~ w F ® e w ~~ ~F p~ i~~~p~~~ !iCi E y J m q '~ ~o W Page 12 of23J~D~27 \V _ ~ ~ - - - ~r~'•,, e'## ~ u 21WOjI~E~'EUFf EIIIES ~ Y 3~~ ~ r~~~a pp ~~~~qE ~ /~ ~ \ V _ - ~ ., ~. w 5 aUE'~ auauaa~ ~ ~ ~ _ ~ n 44 a~~ C ~ u f 'L _ _ e€~a g ~_ g~ Sid07 AHS 3~V7d JLLI~ ~~~~~~~ ~ ~ X66° ~ ~_ ~ a ~ N ® ~ y c ~ e~~ ~~ ~~~kRk$ ~~ ~ g ~5 o~ ~ ~ ~ ~ ~ ^ N ~ N W` gN ~ ~ ry y ao 8-°a~o gg~p Y4~R~Fy ~ ~ , m ~ 9 4 S elH9~e6 ~ ~ S i`e ~ ~ a ~ 9 ~& ~,~ Page l~~D~~Q U _ 3#~ . € p c ~F 9~~y9y90 ~ 66 J - - - - ~~ ~ eiwo a 'eu a ue ~!i o v i s ~~~ ~ !~ p ~ z M _ Z ~_'. e: o s~ S1dOlASIS3~VldaAll'J ~ ~~~~~~g~ Qi° ~~ ~ ~ _ e c .. . :~~~~€~ 3 3 p €+ ~~E~~~B ga o ~ e ~ a ~ ~ N w F ~ ® ' €~ O W~ rym ~? m 8 c y zz $ ~Rk$ 39s~R^~_ s=oaao gg ~0 9y¢ ~ ww 0 ~ A~~e6 ~ ~~ ~ ~ ~ a ~ 0 Page 14 of2~~D_^^ = U Za3,? #f J Y ~ 9~~p f ~ 1 _ ~q u EIUJOjI~E'J 'EUt/EIUES ~~ d p ~8 ~3y i ~ w - ~ ~ ,.: ~sn 3 = a e auE'1aAau2af SldOl1VIS39Vld QCs"~~ ~ ~~ ~! ~ ~ c ~ r A119 g~ ~~ w ~ ® ~ 45 ~_ Rc _ ~ ~ y 2~~r x~~~ ~O~~Y`~'tl~ YO ~ Wc~i n s x a ~ Q , £ Page l5 of~.j~D_30 V'J ~3 2 f=~= J t _ eo ~ siwo~~e~ 'euy elueg ~ ~ ~ ; 3!°~~ ~ - - ~ ~s, W ~' aue~auauea~ ~w3~~~L Qp ~ r- Z - - - _ $s~: S ~~ s~o~ ~s aarna uia ~~~•~~~. ;~~ ~ ~ N w Qap_ ~a~a~ ~~~I o~ ~~~~ Q Page 16~f~D_31 V Ei Ts ~ ~Y 5 ~I~~M Q _ ~g ~ W aiwo~~e~'euyelueg ~Y a p~3gg•~ y 'L _ ~~a~ o ¢~ S1~01 AHS 39V7d A119 ~~~r~~9~ 3.9y ~ o ~ N w ~ ~ ~~sa€€~ 0gp;y~~ 9~ ~ a w O ~3' AF a~~~$~§~ gpY.q~~1 ~~ n d vi m ~ ~ ~ ~ ~ slZ~~9s~ 6 ~ $ ~ ~ ~ ~ ~ a 6 5 ~~ ~ ~ i i, ~--- ~~ ~ -~- ~~-- o II II a i II I I II w --- -"~----- - -- ---t -- ----t- --- i o li - - i o ~ ~ it w + .- - - -i o -- --~----- -- ~ o ;i. a li ~ Z ~~ ~ ~ i a it I U I W I I ~ Z I II I ~ -- ~ J i ~ C ^-~ ---EI----- ~ .~ _~____ __ ___ __ ____ _ _ W _ _ ~ I ~ ~ II ~h rr\ .v.x '1 F.A .o~A[ •P`I /(l~eL JI.tt •'h 1. 2 Page 1'J.~~_~A ~ _ ~~#~ v - EIl1JO~I~B'J 'EUt1 ~lUEs 9~ p ~~ ~~E ~ i i w - :. :, a,. w i 0UE'~ 0]38UE0(' S1d01 A)I ~ w ~ ~ ~ ~ L l ~Y~ ~ ` ~ ~ w - _ ~ s:'a se. o ~. ~ S 3Jtlld Ally ~s?ag~ ~ ~ff $~ y ~ $ LL ~ ~ N w ~ ~ 3 a~ €~ "~_ ~ 9 ~ ~~ y o 4 ~ a x ~ N + ® ~ '£ ~~ ~_ sa ~ ~ r~$~~~k$ 43x?"s9e ~ g ~g ~g sw m e4~@:~ 6 ~a 3 ~ ~ a ~ e 6 z~ x d ® a ~ ~ ~ ~ ~ '3 3 ~- 3 _ ~ Q - ~ ~~ _ s ffi 0 a 0 Pag~l~~_33 s ~ ~ ~ i _ t~ u eiwo~i~e~ 'euy elueg ~ ~ ~ o ip°p ~ r ~ - ~3= ~ ~ auelaAauea~ ;~~~~~~ ~~@ ~ ~ Q w _ $~~ g ~~ SldOl AHS 3~tl'Id Ally ~~~$~ge ~°~ ~ w m 9 M F ~ ~~ ~= ~ a~~~~~~@ °~~~94 ~ ~ - a eS ? ~ g 4~~~~4A:~ ~ $ ~ S ~ a 2 4 ~ n C ~ w V w ~ ~ ~ ~ ~ ~ ~ g i §~ x ~~~~~0~~0~~~ ~~ _~ ~ Page 19~~D~~d _~I ~s€o ~ ~ RB Y o _ w$~A ~ eiu~o~~e~'euyelueg I~c ~~, ~~i1~ (V w - ~, _ ~ aue7auauea~ ~~~~~~~ ~` ~ Q e.~a o ~. SldOl A)IS 3~V7d Ally ~~ °g~ o ~ ~ ~ o ~N ~~ g ~~@x~k~ 9ae~yy ~4 o ~ . ¢ s€~~~9~:5 ~ z d~~ a 2 4~ a S ~° c? g 3~ 6 5 y .~y 8 3 S w~,~ ~x~~~ ~ x ~~~~~00~0~~0 DO _ _~ a .o-.u ~, s>~ .o-m ~ .o-u ~, .mu .o-x~ ~ .o-.u .o-,n ~ s u ,o-.u i .o-.u ~i s~u .o-u su ,o-u s~u I .o-.u .o-xi su ..o-u ~ .o-u .o-,u I .o-.u sou ~, .mn .o-.u .o-. .rz~ .a.m ~ ,rai`, .zm F.rai I I i ~ i Page 20~f ~D_35 s e~33 ~ i V _ ~~#£ ~ eiwo~~e~'euye3ueg ~~~ d Il~i~@~l~ ~ M _ - ~ _ ~3. ~ ~ aue~ aRaues~ ~ ~ ~~ ~g3 Q w $s'~ g ~. SldOl AHS 3~V~d Ally ~~~~~~ g: ~pp ~ a ~ ~~ r ~~ ~ ~~s yg s§ }}$ h ~ ~ ~ $ '~ 3 ~ ~ ~ ~ ~ ~ ggd ~ gg~ ~s x ~~0~~®®0~0~~ ~~ ~~ ~ Pag~lV V X36 _ 5 U J _ X5 # ~ z, yi ~ U '. w _ - ~ ~ 3?; w g5 w ~ ® ~ e: y ~~ ry h ~ m 30 ~ ~~ f i F ~Y ~'C®e~~ E EIUJOj1~E'J 'EUy ElUES` euE-~ aAausa~ ? ~ 3 ~ LL 4 ~ ~° ~ ~ ~ ~~ w N 0 Sl~OI AHS 3~Vld Ally ' ~ ~ $ ~ ~ , ~ g ~~ E o ~ 7 ~ ~ ~ es_~s°~e ~ ° ~ g ~ tl~~:fi ~ °3 ~ ~ a 2 a ~ 5 ~~ ~ Y O 8 0 0 8 8 o- Page 22 of 23 75D-37 ~~~~ _ - ~ ~ ~ ® i =£ c" ~, m ~~ ~o y~ 2 O O ~l O O O O O ~= s 3~e~~5~° siwoy~e~ 'euy e3uag ~ ~' = a aue~7 aAauea~ ~ ~ Py ~@~~ ~ H N Q ~ ~ ~ ~ ~ 8J dOl AHS 3 ~ . ~tl1d Ally ~ ~ ~ ~ a ~ z ~ . ff~~~~= ~ ~~.~~ o ~~~~ ~~ N ~ ~ ~ a s d a g j daah~ q ' ~ ~ ~ ~ $ e ~9 9 9 ~ .. ? ¢ tl 7 nE3Ske~ ~ ~ d ~ ~ a ~ 0 z~ 6 Page 23 0~ ~ _ .P.LI A,tl .P.bl .P.ll A,II .P.LL I A.ll ~ .Pll J,II ', .P,ll A.ll i .P,ll .P.ll .P,ll .P.L{ .P.LI A.ll .P,ll .T.ll .P.ll '..P.ll J.LL .P.IL .P.LI .P,LI .P,ll .T.44 ,P.LI .b.Zl .TAI i .V,ll .P,IIL .P.01 .Z'Jl ~. REFER TO ENVIRONMENTAL IMPACT REPORT VOLUMES I AND II FOR THE CITY PLACE SKY LOFTS PROJECT EIR 07-2/ZOA 08-4/ DA 04-4/CUP 08-34/ VTTM 08-4/SPR 08-5 EXHIBIT 4 75D-39 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district maybe incorporated herein by reference. PURPOSE The Specific Development No. 59 (SD-59) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles and promoting and enhancing the value of properties and encourage orderly development. The SD-59 regulations will establish a professional district that will entitle 57,700 square feet of commercial space at the northeast corner of Main Street and Memory Lane with ~ 540 for sale residential units further to Lawson Way. This area will be a mixed use district with eating establishments, support services and a residential component consisting of live-work, townhouse units and high rise tower. EIR 07-2lZOA 08-4/ DA 04-4/CUP 08-34/ VTTM 08-4/SPR 08-5 EXHIBIT 5 1 75D-40 PART I. GOALS, OBJECTIVES AND POLICIES City Place Specific Development District is located within the northern area of the City. The City Place Specific Development District encompasses a large vacant property bounded by Main Street to the west, Memory Lane to the south, Lawson Way to the east and the City boundaries to the north. A regional mall, professional offices, a senior care facility and Santiago Park surround the project site. The City Place Specific Development District maintains a commercial corridor along Main Street while introducing a residential character along the eastern portion of the district, with a mixture of live-works a~ townhome and bu}l~xgs - high rise tower. The City Place mixed-use project is intended to be an addition to the commercial corridor and an infusion of housing to the district along the north Main Street section of the City. In addition, the mixed use plan for this site will result in the project becoming a node, or place of activity. The objectives of the City Place Specific Development Plan includes the provision of the following: 1. Along-term development that is of the highest architectural quality and design; 2. A landscaping plan that is complementary to a large scale mixed use development; 3. An exciting and visually cohesive development as viewed both internally and externally; 4. A bold but integrated sign program suitable for a mixed use project of this scale and scope; 5. A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan; 6. Concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods; 7. A development that provides special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character; 2 , 75D-41 8. Provision ofoff-street parking sufficient to service the development, consistent with the mix of uses contained in the project; 9. Provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary; 10. Opportunities for cultural amenities and facilities serving the visual and performing arts which are open for public patronage..-i 11. A landmark mixed-use project along north Main Street across from Main Place Mall:z 12. Maintain the existing streetscape pattern including sidewalk design, mature trees and light fixtures.1 13. Introduce a mixture ofmulti-family housing types to the district:i 14. Provide amixed-use project in scale and character with established commercial and residential structures along the north end of the district.-; and 15. Enhance the pedestrian experience through the development of new plaza areas and water features throughout the project as well as the intersection of Main Street and Memory Lane. 3 75D-42 PART II. PERMITTED LAND USES The categories of land uses to be included within the project area are: banks and similar financial institutions, retail and restaurants. In addition multi-family residential uses (excluding live-work units) are permitted. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision maybe appealed to the Planning Commission whose decision is final. Permitted Uses. a. Within Buildings A, B, C and D (as identified on site plan), the following uses are permitted: b. Retail sales uses including but not limited to clothing stores or boutiques; florists; news-stands; pet stores; photography studios; video stores; office and computer equipment book and stationery store; camera shop; shoe store sporting goods store; art gallery; craft store; cultural displays and related merchandising; bicycle store; pharmacies and drug stores; fabric shops; jewelry shops; furriers, design and furniture centers; cookware and gourmet specialty shop; office furniture store. Full service cafes and restaurants which may include incidental take out service. Full service cafes and restaurants shall be limited to those that provide sit-down dining areas and exclusive table service for ordering and delivering meals and beverages. d. Day care facilities Museums and libraries f. Theaters g. Within Building E, as identified on site plan: i. Retail use with a minimum of 25,000 square feet. h. Within the Courtyards and The Park, as identified on site plan: i. Multiple family residences as condominiums. 4 75D-43 ii. Uses incidental or ancillary to any residential use, such as swimming pool, sauna, jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. i. Within The Lofts, as identified on site plan: Permitted uses as identified in Section A. 1-5, 8, 9 and 11. ii. Uses incidental or ancillary to any residential use, such as swimming pool, sauna, jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. Within Lot 1, as identified on Vesting Tract Map No. 2004-06 (County No. 16565): i. Single family residences at a maximum density of one unit per acre. k. Ancillary uses to commercial area: i. A maximum of five permanent outdoor sales kiosks or carts. The size and location of each Kiosk or cart shall be approved on a masterplan of such uses by the Planning Commission prior to their construction or installation. 2. Conditionally Permitted Uses The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal code: a. Within Buildings A, B, C and D (as identified on site plan): i. Uses open between midnight to 5:00 a.m. ii. Banquet facilities, subject to development and operational standards set forth in 41-199.1. iii. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use, except adult entertainment businesses. iv. Establishments selling or serving alcoholic beverages. v. Coffee houses houses or similar uses not specifically listed in Part II, Section l .d. of this ordinance. 5 75D-44 vi. Parking structures b. Within The Lofts, as identified on site plan: i. Live-work communities ii. Ceramic and pottery studios iii. Glass blowing and sculpturing studios iv. Coffee houses v. Temporary residential model complex and office c. Within The Courtyards and The Park, as identified on site plan: i. Temporary residential model complex and office d. Within Lot 1 as identified on Vesting Tract Map No 2008-04 Count No. 1724 i. Hi h rise residential condominiums to a maximum of 3 33 _ dwelling units. ii. Stacked townhomes condominiums to a maximum of ~0 dwelling units_ dc. Within Building E, as identified on site plan: i. Retail grocery markets which are open at any time between the hours of midnight and 5:00 a.m. e_f. Within the commercial component area: i. Certified Farmers Market for the sale of vegetables, fruits and other agricultural products on weekends and holidays only from 6 a.m. to 2 p.m. ii. Community oriented live performance theater. 3. Uses Not Permitted a. Schools, private or public. b. Medical office or clinics. 6 75D-45 c. Commercial uses with vehicular dive-through lanes or windows (i.e. drive-through restaurants, pharmacy or similar uses) are prohibited. d. Fast food or exclusively take-out restaurants. All other uses not expressly permitted or conditionally permitted in this ordinance 7 75D-46 PART III. DEVELOPMENT STANDARDS The City Place Specific Development District is intended to allow the development of a mixed-use project maintaining a commercial presence along Main Street, while introducing a mixture of multiple family housing to the eastern portion of the development site. The following general development standards are applicable to this project: A. Floor Area Ratio/Density. The following sets forth the maximum allowable floor areas for the various permitted use classifications of the project. The overall Floor Area Ratio ("FAR") of the Main Street Concourse project of approximately 2.54. This FAR represents the maximum intensity of development for the site. Floor Area Ratio (F.A.R.) The maximum floor area ratio for the project site shall be 2.54. The FAR is calculated by dividing the total square footage of the structures by the total square footage of the project site. Consistent with the General Plan, parking structures are not included in the FAR calculation. 2. Parcel Size The City Place development project site is 17.7 acres. Subdivision of the parcel shall be consistent with Vesting Tract Map No. 2004-06 (County No. 16565). In no case shall commercial buildable parcels be less than 6 acres in size and residential buildable parcels be less than 2 acres in size. 3. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking A. As a mixed-use development, the Specific Development standards recognize the opportunity to share parking amongst the mixture of commercial uses. In addition the SD 59 acknowledges that the mix and proximity of residential units and commercial space allows for the opportunity for a variety of transportation modes, primarily walking as an alternative. As such, the following parking is required: 8 75D-47 a. Parking has been calculated utilizing the Urban Land Institute methodology for shared parking. As such, the following square footage can be utilized within the commercial area of the City Place development project: For the first 23,300 square feet of restaurant, 33,800 square feet of retail, the parking requirement shall be 410 parking spaces. ii. Any additional development above item 4A.a. i. shall be parked pursuant to the City's parking standards then in effect. b. Residential High Rise Parking i. One, two and three bedroom units shall provide two parking s ap ces per unit. ii. _ Studio units shall provide oneparking space per unit. iii. In addition to items 4.b.i and ii i0 parking spaces or an additional 10 5% whichever is ~~reater shall be provided hc. Parking Setbacks i. Internal Loop Road: The minimum required setback for the parking area is 15 feet as measured from edge of sidewalk. sd. Screening All appurtenances shall be located outside any required setback and shall be screened from view. de. Landscaping: i. Landscaping throughout the project shall be in compliance with the landscape plan attached. 9 75D-48 ii. The landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. Open Space a. A minimum ground level open space shall be provided at a minimum rate of 60 square feet per unit. This ground level open space shall be centrally located on the site to provide access to all units. Private open space shall be provided at a minimum rate of 50 square feet per unit. b. For a hi h rise towv_er, common open space with a minimurn of 35,109 s uare feet. Such open space shall provide ~at minimum the follow~.n~: gaol, spa, fireplace seat walls tables, chairs, chaise lounges as well as mature landscaping 6. Signage a. All signage shall comply with the Santa Ana Municipal Code. b. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics, shall be submitted to and be approved by the Planning Division. 7. Plaza and Fountain Design a. The overall plaza design theme shall incorporate a minimum of 6 major pedestrian-level water features within the commercial component and 7 pedestrian level water features elements within the residential component. b. The plaza landscape palette must include a minimum of four (4) tree species, to be approved by the Landscape Development Associate prior to the issuance of any building permit. The minimum established size for palm trees shall be 30 feet brown trunk height. Non-palm tree species shall be a minimum of 20 feet in height and 60-inch box. 10 75D-49 Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission a~ :ete~ : ~'*~' T* ~, ~ . ~«~~ his--decent. d. Plazas shall incorporate seating, benches and landscaping to provide visual interest and additional amenities within the plaza. e. Pedestrian amenities shall be provided such as lighting, planters, unit pavers, and bicycle racks. f. The color and appearance of the plaza furniture products and other elements must complement the overall plaza design and building architecture. g. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. h. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other project furnishings. i. Bike racks shall be provided at key activity locations within the plaza. j. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. k. Soft as well as hard surfaced areas shall be incorporated into the Plaza area. Plaza area paving shall consist of quality decorative elements. 1. Lighting height in the plaza area should be at a pedestrian scale. A range between 16 feet and 22 feet in the plaza area should be fully illuminated from dusk until dawn. The overall lighting shall be maintained at one-foot candle and incorporate other pedestrian-oriented lights, such as lighted bollards. Uplighting of trees and other site features is also required. m. The required plaza area shall include adequate provisions for the on-going maintenance of all plaza and pedestrian improvements. 11 75D-50 n. Plans shall include design details, materials and provisions for the on-going maintenance for all interior public areas within the plaza area. Public Art a. Public art valued at one half of one percent of the overall project construction valuation is required. The cost of any water feature or portion thereof shall not be included for purposes of complying with the public art requirement. Public art maybe comprised of multiple art pieces, however, at least one such art piece shall be placed at the northeast corner of the project site adjacent to Main Street and Memory Lane. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission for review and approval prior to issuance of any certificate of occupancy. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed prior to the issuance of any certificates of occupancy for the project. b. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. c. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. d. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. e. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. f. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 12 75D-51 B. CC&Rs. Reciprocal easements and Conditions, Covenants, and Restrictions (CC&RS) tying the overall project together as an integrated development and providing for joint access, ingress, egress, drainage, property maintenance standards, trash pick-up operations, circulation and parking management shall be recorded with the first final map prior to for the first phase of development. The residential and non-residential portions may be described in separate sections but they must be tied together by a single master document. The Master CC&R's shall address trash and reciprocal use rights in the residential and commercial components. C. Building Height. On any lot or portion of a lot, except Lot 1 of Vestin~,entative Tract Map No. 2008-04 (County Map No. 17242 in of the Specific Development Plan area no building or structure shall exceed 50 feet in height, as measured from the lowest adjacent finished grade. 2. On Lot 1 of Vestin~Cract Map No. 2008-04 (County Map No. 17242 no buildin~~_structure shall exceed 366 feet in height as measured from the lowest adjacent rg ade• D. Setbacks. Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. Except as otherwise indicated, all setbacks shall be measured from the street side property line to the first building element or structure. No building, structure, or parking facility shall encroach into any required perimeter setback either at or below grade. For the purpose of this Plan, a street side property line is that line created by the ultimate right-of--way line of the adjoining public street. Minimum setbacks are as follows: a. Main Street (perimeter): The average building setback shall be 19.5 feet. The minimum setback shall be 8 feet. This setback area may include hardscape as shown on the approved site plan. b. Lawson Way (perimeter): The average building setback shall be 18 feet. The minimum setback shall be 7 feet. 13 75D-52 Memory Lane (perimeter): The average building setback shall be 11 feet 8 inches. The minimum setback shall be 3 feet 4 inches. Hrdscape, landscape and water features shall be provided in the required setback as shown on the approved site plan. d. Cit Place Drive (interior street set backs): The minimum setback shall be 15 feet measured from street curb. e. Jeanette Lane interior street setback : The minimum setback shall lbe 13 feet measured from street curb. 2. Required on-site perimeter landscaped setbacks shall not exceed an aggregate 33% slope. 3. Within the interior of the project, retail canopies may project five (5) feet into setback area. E. Site Coverage And Open Space. For purposes of this Section F~, open space shall not include private streets or driveways, roadways or parking stalls. Open space does include landscaping, walkways, and covered arcades. 2. Residential open space may be private common area or private yard but shall in no event include any space provided in required setback areas. The CC&Rs shall require that all residents be allowed access to all residential common areas in the project, subject to reasonable restrictions as maybe imposed for security and safety by property management. No required setback area shall be calculated as required open space. Individual parcels or lots will not be limited in site coverage. Each parcel shall have a minimum 120 feet of street frontage. 4. Single family attached residential shall provide a minimum of 50 square feet of ground level private yard open space per unit, which open space shall be adjacent to the living, dining or kitchen area of each unit. Perimeter fence shall be provided and shall not exceed five feet in height on the exterior and 42 inches on the interior. Condominium units shall contain a balcony with dimensions not less than six feet in any direction of private open space area. 14 75D-53 6. Pathways from the common area through the private yard open space shall not be included in the calculation of private open space area. F. Parking. 1. Vehicular site access points will be provided from Lawson Way, Main Street ~ Memory Lane and from Jeanette Lane, as defined on the site plan. 2. There shall be no sharing of residential parking. 3. Parking gate locations and stacking distances shall comply with applicable Department of Public Works policies. 4. No partitions, walls or other obstructions shall be built or placed with the garages preventing the spaces from being used by residents for the parking of vehicles. 5. Recreational vehicle, boats, trailers or similar storage is prohibited on-site. 6. The townhouses shall be designed with vertical roll-up garage doors, where applicable. 7. All paved areas shall be sloped to drain. Finished slope of areas paved with asphalt concrete (AC) shall be not less than one percent. Finished slope of areas paved with portland concrete cement (PCC) shall not be less than one-half of one percent. Portland Cement concrete gutters shall be installed to receive drainage from asphalt concrete paved areas; such gutters shall be not less than three feet in width. 8. Residential parking is calculated separate from commercial designated parking and no provision is made for shared parking consideration. 9. All parking areas shall be surfaced with material so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such an area is likely to be subjected as follows: a. Covered Parking Areas -Passenger vehicle parking areas within or under building shall be paved with Portland Cement Concrete with a minimum compressive strength of 2,000 p.s.i. 15 75D-54 b. Open Parking Areas -Parking areas other than those within a building maybe paved with asphalt concrete. Asphalt concrete pavement shall be a minimum thickness of three and one-half for passenger vehicle parking areas. Thickness of asphalt concrete may be reduced to a minimum thickness of two inches for passenger vehicle only traffic, provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches. c. Surfacing, Parking or Drive Aisles -All off-street parking, vehicle maneuvering areas, turn-around areas, driveways, and private streets, shall be surfaced, and thereafter maintained with Portland Cement Concrete poured to a minimum thickness of 5%2 inches. 10. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse. Concentrated flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. 11. All parking areas shall be maintained in a safe and sanitary condition free of dust, mud, or trash, and shall be kept in good repair. Any alteration, enlargement, maintenance or repairs shall be pursuant to the aforementioned standards. 12. All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stall. Such striping shall be maintained in a clear, visible and orderly manner. G. Loading Areas. 1. Entrances and exits to loading facilities should be limited in number and shall not interfere with the flow of traffic along the perimeter streets. 2. Loading areas should be located so as to minimize potential for intrusion into residential portions of the project and adjacent neighborhoods while allowing for efficient utilization by commercial users. Loading areas shall be located and designed to minimize direct exposure to public view. These areas shall be screened with landscaping and walls to reduce visual impacts. 16 75D-55 4. Loading areas shall be visibly separated from public entrances and parking areas. 5. Loading stalls shall be designed to not interfere with circulation or parking, and to permit trucks to fully maneuver on the property without backing up from or onto a public street. 6. Loading areas shall be graded to drain surface water to an alley, street or public storm drain. Surface water shall be conducted under any intervening public sidewalk by a drain approved by the Public Works Department and in accordance with a valid NSDES Permit. Under no circumstances shall surface water be allowed to collect in pedestrian areas. 7. The surface area used for any loading activity shall be paved with not less than 4 inches of asphaltic concrete on 8 inches of crushed rock base, or with 5 %2 inches of Portland concrete cement. Soil conditions or the nature of the trucking activity may necessitate greater requirements as determined by the Division of Building and Safety and a soils report prepared by a licensed soils engineer. 8. Each loading space aligned with and directly adjacent to a parking space shall be clearly designated, "LOADING ONLY." 9. At a minimum, separate loading areas shall be designated on the approved site plan or any modification thereto, for each adjacent retail shops/restaurants. 10. A loading areas for the project shall be able to accommodate a 55 foot semi-trailer for the Building E. H. Storage Areas/Mechanical Equipment. 1. All mechanical equipment shall be screened below parapets and situated to minimize visual impacts. 2. No outdoor storage shall be permitted. 3. There shall be no exposed television, ham radio, dish or other antenna. Refuse Collection Area. A refuse collection area shall be located at each loading dock per approved site plan. 17 75D-56 2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen or by rolldown screened doors, or by landscaping and fencing. 3. No refuse collection areas shall be permitted between a frontage street and the building line, unless adequate screening is provided. 4. The commercial and residential uses shall provide a trash pick-up operation agreement to be included in the CC&R's for the project. 5. Each trash enclosure shall have a minimum of six inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. 6. Townhouse unit trash vestibules shall be designed with a hose bib for washing out the area. 7. All trash enclosures throughout the project shall be designed with metal doors. Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer Service. 1. All "on-site" utilities shall be placed underground. 2. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties and maybe located in concrete vaults below grade. 3. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. 4. All residential units shall be separately metered for electrical, gas and water service. 5. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. There shall be private water meters as outlined in Section 34-313.5 of the Santa Ana Municipal Code. 6. The utility lines in the townhouse drive aisle shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. 18 75D-57 K. Maintenance. The entire project shall be maintained to exceed community standards for attractive and sanitary conditions. The CC&Rs for the project shall set forth the maintenance procedures applicable to the project. A maintenance agreement approved by the Executive Director of Public Works Agency shall be executed with the City for the maintenance of special pavement treatment, planting, street lights, etc. in the public right- of-way and in required easement areas. This agreement shall be executed with the City prior to recordation of any subdivision map and included or referenced in the CC&Rs for the project. . 19 75D-58 PART IV. DESIGN STANDARDS A. Interior Streets Cit Py lace ~ Drive. The tone and pedestrian experience of the project will be largely determined by "Ci~Place 1`~se Drive,,, a wide interior street which will curve through the project. Cit PL_la~e T'~° r-v,,,,,,,.,,,.~o is intended to lend a unifying component to the project as well as link different uses together. a. City Place ~~e Drive will consist of a 34' road bed with minimum 14 feet walkways on either side covered arcades may count up to nine rectalinear feet of the walkway. b. Ci~Place Drive will not be a public street, but will be open to the public subject to parking management rules and regulations as approved by the City and contained in the CC&Rs for the project. c. All pedestrian walkways will be separated from the vehicular areas by curbs and gutters. d. Handicapped access ramps will be provided per the Code. Cit. P~ lace E-ense~se Drive will be designed to accommodate fire trucks, semi-trucks, and other service vehicles. f. Ci_ t•~lace ~o~~ Drive, including all roadways, walkways, landscaping, furniture and fixtures will incorporate high quality materials and enriched paving. The overall effect should include dramatic lighting of landscaping, signs and buildings. g. Street furniture and pedestrian shelters are elements that would contribute well to the unified street edge. One style will be used throughout Cit Place Drive in order to create a unique sense of place. Seats, benches, trash receptacles, bicycle racks, telephones, light fixtures, potted plants, signage and banners consistent with the architectural themes and concepts and other miscellaneous street furniture shall be included in a coordinated manner throughout the Cit Place ~~~se area. 20 75D-59 h. Tree wells shall be a minimum of three feet by three feet with protective tree grates and collars. 2. Residential Internal Streets. a. The internal circulation road within the residential component of the project will have a minimum 22' wide paved roadbed and a minimum 3 ft. of landscaping on either side. The road is intended to serve as an internal road open to residents and their guests, Property management, garbage carts, etc., but it will not be a publicly dedicated street. No heavy trucks will be allowed on the internal road. b. The internal circulation road will incorporate high quality masonry paved materials throughout the residential units. 3. Vehicular Loading Access Roads. a. Service roads will incorporate asphaltic concrete paving with curbs and gutters. b. All service roads will be accessible by semi-trucks (wheel base 50) and service vehicles. c. Colored paving materials and concrete maybe used as accent materials at entry locations (not including public right-of--way or required easement areas) on the property to visually define entryways. B. Building Mass, Form And Architectural Style. One critical component of the Cit Place "~~~~ c* * r' design is the consideration of architectural style, mass and form. Architectural style shall impart a distinct building image. Mass shall relate to the desired scale and form shall be used to lend interest to the overall effect of the mixed use development. Building masses shall be simple in form and composed of strong geometric shapes including rectilinear forms with facade variations, round, columnar, stepped (terraced) or pyramidal shapes. Building mass forms maybe composed of ornate historical building styles or a combination thereof. 21 75D-60 2. General building form shall be indicative of the functions that take place within. Pedestrian spaces and entrances should be apparent and ceremonial. 3. Internal building structure shall be delineated with clear definition of floors and vertical supports. 4. Large flat unarticulated building faces shall be avoided. 5. Window fenestration must be carefully orchestrated to complement the basic masses, provide scale and modulation of building surfaces and to allow perferation of solid shapes. 6. The mass form and orientation of commercial buildings must be sensitive to adjacent residential areas and pedestrian linkages. 7. Building forms maybe exaggerated to express a particular style. 8. Special architectural enhancement shall be included at the pedestrian level of all commercial and retail buildings by utilizing added facade articulation and detail variation. C. Materials. The use of quality materials and detailing on highly visible surfaces will add elegance and maximize the statement of the style of the development. The City Place development will embrace innovative uses of contemporary architectural materials. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone, and colored wood or high quality metallic trims are acceptable finish materials. 2. Textured and smooth concrete, decorative or textured concrete blocks, or steel and high quality metallic panels are appropriate building materials. 3. Non-reflective glass shall be used at pedestrian level for viewing and window shopping purposes. Reflective glass at upper levels is acceptable, but shall be compatible with the design style of the rest of the City Place project. 4. The use of cloth awnings, fixed canopies, metal hand rails and other elements which cover and protect windows and pedestrian areas are encouraged. Signage on such elements must be consistent with the sign requirements contained in this Plan. 22 75D-61 5. Monolithic glass surfaces maybe used with other accent materials in a visually harmonious manner in special applications as accent but should not be used as the dominant architectural theme. Structures utilizing glass curtain walls as the predominant design element are not permitted. 6. Glass storefronts shall be provided facing all streets, Cif Place ~~e Drive, and the pedestrian oriented public plazas. 7. All building and site finish materials, colors and designs shall be reviewed and approved by the Planning Division prior to submittal to Building Division Plan Check. Security gates for storefronts, if provided, shall be designed inside of the buildings. D. Color. Choices of color should promote a lively, festive and warm atmosphere. Dull colors should be avoided or used in limited amounts. In general warm contrasting colors should prevail with bright colors and pastels used for accent and detailing. A sense of pageantry shall be promoted through the use of color on signs, lighting, flags and banners and other devices. E. Public Art. Various forms of public art maybe integrated into public spaces (not including public right-of--way) throughout the project. F. Detail. 1. Reveals, recesses and other architecturally sculptural elements shall be used to accent key features of the architectural design. 2. Upgraded light fixtures, door and window details and other feature items are encouraged. Banners, flags and other colorful devices maybe used to accentuate linear relationship at outdoor areas but only when approved in conjunction with the signage program as set forth herein. 23 75D-62 4. All buildings shall incorporate architectural detail, multiple materials, generous landscaping, lighting effects and strong architectural design themes to soften building mass. 5. All architectural elements including building components shall be part of an integrated design. The entire project shall have a cohesive statement of theme and style. 24 75D-63 PART V. LANDSCAPE MATERIALS AND DESIGN The design guidelines outlined here will assist in achieving a distinctive development character for the project while ensuring compatibility between commercial and adjacent residential land uses. These plants are recommended, however, actual plant choices maybe substituted depending on experience and actual soil conditions. The high quality of the development is reinforced through the coordinated design and selection of landscape and paving materials, and emphasis on unique landscape features. As phases are implemented, landscape plans (including landscape plans for any temporary parking areas) shall be approved which are consistent with implement these concepts of Exhibit A and B. Detailed landscaping plans prepared by a landscape architect, shall be submitted to and approved by the City of Santa Ana Planning Department and Public Works Agency (for public right-of--way areas) prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy for the phase in question. Off-site landscaping shall be approved by the Department of Public Works as part of any street improvement plans. Schinus terebinthifolius, Brazillian Pepper, size: 24"-60" box, 15'-0" to 35'-0", informal spacing. A. Temporary Landscape Adjacent To Undeveloped Parcels. Areas of the site not developed in the initial phase maybe developed as surface parking and if so developed shall comply with the following standards. A temporary landscape will be installed in all undeveloped areas. 1. Setback Areas - Will be fully planted with turf, trees and ornamental groundcover. 2. Parking Areas -Trees equal in number to one (1) per each ten (10) parking stalls, size: minimum 15 gallon. (These trees shall be arranged in eight and one-half (8-1/2) feet by eighteen (18) feet minimum planting bays surrounded by 6" high curb). 3. Berm -Architectural berm of sufficient height (but no greater than 3 feet) to screen surface parking lots shall be installed along Main Street and Owens Drive. Berm will be fully landscaped, and the size, number and type of planting shall be in accordance with the City's commercial development standards. Turf areas shall not exceed four to one slope. 25 75D-64 4. Canopy Trees -Planted informally will supplement streetscape plantings. Size: minimum 24" box. Species to be determined. The size, number and spacing shall be in accordance with the City's commercial development standards. 5. Turf Types -Shall be consistent throughout project (Marathon II) 6. Shrubs - Shall be used for screening of parking areas and for special effects at building entries. 7. Special Sculptural Features -Will accent undeveloped parcels, prior to project buildout. B. General Notes. 1. All landscaping shall be maintained in a healthy and attractive condition. Maintenance should be carried out in accordance with established horticulture practices. Irrigation problems must be resolved promptly to assure plant survival. Prior to planting soil must be property prepared to assure plant survival. 3. No use of Queen Palms for the project interior areas. 4. No electrical, mechanical or plumbing apparatus shall be located in required setback areas. 5. All landscaped areas shall be irrigated using an automatic irrigation system. A schematic irrigation system employing pop- up type sprinkler heads, backflow preventer, automatic time clock, and where applicable, a quick coupler adjacent to all trash enclosures shall be provided. 6. On site trees will be spaced in coordination with required existing parkway trees. 7. The development will provide double-staking for all newly planted trees (on and off site). 8. Only low shrubs and/or ground cover shall be planted in landscape areas used for parking overhang. 9. Planting and landscape walls shall be used to screen all appurtenances, such as transformers, meters, trash enclosures, air conditioning units, etc. 26 75D-65 10. Phasing of landscape implementation shall be compatible with the construction schedule for the entire project, as per the approved site plan. 11. All fountains and water features throughout the project shall be plumbed for non-potable "gray water" for conversion when such water is available. 12. A xeriphytic landscaping materials and irrigation design shall be used for this project. In addition, the plant palette along the southerly edge of the project shall be compatible with that of Santiago Park, where the park is adjacent to the project. 27 75D-66 PART VI. SIGNAGE A. Intent. Every sign in the City Place project will be part of a planned sign program which will be submitted for Planning Division review and approval in accordance with the criteria set forth in this Plan and SAMC. The purpose of this section is to set forth permitted sign types and provide minimum standards for signs within the City Place Specific Development Plan. Consequently, this document identifies and specifies those design criteria for the planned sign program which are different than those set forth in the Code. In considering the planned sign program, the provisions of the Plan shall control. The City Place project is envisioned as a superior quality urban-style mixed-use complex, and architecturally spectacular. Environmental graphic design will be innovative and attractive but never excessive. Tenant identification on the perimeter of the project (i.e. external signage) will be held to a practical minimum. However, it is critical that the internal signage, particularly the signage along the City Place EenEet~se, be compatible with the kind of exciting dynamic environment which is intended to be created. B. Sign Message Categories. The project sign program shall address the following categories of information: • Project and major facilities identification at site entries • Tenant identification signage • Regulatory vehicular signage • Directional vehicular signage • Street identification • Informational pedestrian signage • Directional pedestrian signage • Building identification signage • Site directories and orientation maps • Service signage • Parking level and area identification signage • Visitor directional and informational signage • Building address signage • Building/site directories • Typical door identification signage • Restroom and telephone identification signage • Operation information signage 28 75D-67 Loading dock information Loading dock numbers Construction barricade C. Physical Sign Types. Physical classification of project signage will be by the following categories: 1. Freestanding signs. 2. WalUcanopy signs. 3. Projecting signs. 4. Marquee signs (Theater Only). 5. Under canopy/window/hanging signs. D. General Criteria. The following design guidelines generally address the design criteria for the sign program. 1. Color and typography of signs will be evaluated on the basis of aesthetics and legibility rather than conformance to strict criteria. 2. Intermittent lights, bare bulbs, neon, illusions of motion, or other mechanical movement are acceptable only within the interior of the project. Such signage could be used with respect to the theatre, or restaurants. Such signs shall not be visible from the perimeter public right-of--way or the residential development in the project. 3. Well designed pageantry systems consisting of flags and banners, festoons, flag canopies and related displays will be permitted on the interior of the City Place project, provided they are consistent with the overall design of the signage plan, and do not create a safety hazard and do not adversely affect adjacent land uses. 4. The sign program shall acknowledge approval of carefully worded on-site circulation directional signage. E. Criteria For Individual Sign Types will be determined by the approved sign program. Shall conform to size limitations as outlined in SAMC. 1. Freestanding Signs Freestanding signs shall conform to SAMC requirements. 29 75D-68 2. Wall/Canopy Signs. a. All signs need not replicate a specified shape, design or materials. Diversity will be allowed, provided that the signs relate to each other well even though they are configured differently. 3. Projecting Signs. a. Within the interior portions of the project, such as along the City Place arse, one projecting sign per pedestrian level tenant maybe provided. b. The project may provide any number of such signs with mixed types so long as the style of the signs area aesthetically compatible. Projecting signs shall be located no closer than 15 feet from one another. c. The sign face of each projecting sign shall be compatible with the scale of the space being identified. 4. Marquee Signs. The theater may have a major marquee sign at the theater entrance. The marquee sign maybe large enough to accommodate the informational requirements of the uses being identified, may employ changeable copy and appropriately sized based on unit and frontage. 5. Signs Under Canopies And Marquees. The area of any sign under a canopy or marquee shall not exceed Santa Ana Municipal Code. Such signs shall meet all minimum Building Code height clearances. 6. Temporary Identification Signs. a. Per Santa Ana Municipal Code b. Per Santa Ana Municipal Code c. Per Santa Ana Municipal Code 7. Submission of City Place Plan Signing Design Program. 30 75D-69 Project applicant shall submit a planned project sign program for review by the Planning Division in accordance with the standard Planning Division procedures and this Plan. 31 75D-70 PART VII. LIGHTING Street lighting can be used to help unify the City Place and add to the "festive" atmosphere being sought. On-site parking lot and building light fixtures may vary from one sub-area to the next but illumination levels shall remain consistent and not compete with street lighting and signage. Appropriate special lighting effects that will be compatible with the overall design concept are encouraged. Street lighting and parking lot parking contribute to the safety and security of the project. Unique lighting fixtures may provide easy identification of the project for motorists. Lighting potentially visible from adjacent property shall be subdued and incorporate cut-off shields or be oriented to the interior of the project. Lighting shall not interfere with vehicular traffic. A. Street Lighting/Exterior To The Project. (Public Right-of--Way) 1. All street lighting along Main Street, Memory Lane, a~ Lawson Way and Jeanette Lane shall be of singular design placed at regular intervals, mounted atop concrete or metal standard and installed per City specifications as required. 2. Light standards, poles, and ballards shall be of common design with durable finishes and materials to create unity along the project perimeter, in accordance with the City's commercial development standards. B. On-Site Parking Lot, Pedestrian Lighting, City Place EexEet~se Drive. Pedestrian scale lighting should illuminate entry ways, courtyards, parking lots and other such areas. 2. Lighting should be used to enhance landscaping and reinforced architecture, with dramatic uplighting or wall shadow effects with plant materials encouraged. 3. Parking lot light fixtures and bollards shall be consistent in styling with the design theme proposed for that sub-area of the project. 4. The use of neon and other specialized lighting effects that would reinforce the attractiveness of the project to pedestrian traffic and incorporate the design theme of the project maybe used. The use of white or clear string lighting in trees around outdoor pedestrian areas maybe used. 6. Washing large wall areas with light to create shadows from landscape materials maybe used. 32 75D-71 7. Lighting along the Cit Puce ~~enrse Drive shall be carried out as part of the unified scheme to help create festive recreational atmosphere. C. On-Site Building Lighting. 1. Service area lighting for large uses shall be contained within service yard boundaries with light sources concealed. 2. Building illumination and architectural lighting will be creative and reinforce the design theme. Indirect wall lighting or "raw wall washing" overhead downlighting, will be utilized throughout the commercial development. 3. In residential areas, warm simple lighting will be employed. These components could include uplighting of building entrances and courtyard trees, subtle soft lighting effects, washing of walls with light from concealed ground sources. 4. In residential areas the use of specialized lighting effects such as neon and internally illuminated signs shall be avoided as shall any blinding, bright or flashy effects. 5. Lighting shall not cast any glare onto adjacent lots and streets outside the perimeters of the City Place project in such a manner as to decrease the safety of pedestrian and vehicular movement. 6. Architectural lighting should be used to articulate the particular building design. D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana Municipal Code and approved by the Police Department. 33 75D-72 PART VIII. OPERATIONAL STANDARDS Unless herein permitted to the contrary, all commercial activity shall be conducted within a building. 2. All activity on the site shall be designed, built, operated, and verified in compliance with the mitigation monitoring program of the certified final Environmental Impact Report for this project. Should special assessment, Mello Roos, or other financing be utilized, written disclosure of such financing shall be disclosed in writing to all purchasers and lessees within the project. 4. The following study shall be reviewed, approved and from time to time modified and approved by the City shall be implemented and maintained throughout the project: Trash operations plan 5. All residential units within the project shall be built, subdivided and sold for individual ownership. 6. All trash consolidation areas within the project including residential shall be maintained and operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. 7. The trash pick-up operational plan (letter agreement with the City) shall be incorporated into the CC&R's of the project. 8. All circulation and parking operational procedures for the entire project including but not limited to the bollards, loading zones, parking management, and trash pick-up shall be maintained by the project management and included by reference in the CC&R's. 9. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse two car garage that will disrupt the ability to park resident vehicles in both spaces. 10. The CC&R's shall prohibit recreational vehicle parking or storage on-site. 11. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antenna and mechanical equipment. 34 75D-73 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE ~ 6103 FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and MAIN STREET CONCOURSE, LLC Dated: , 200 E4F~ 07-2/ZOA 08-4/ DA 04-4/CUP 08-341 VTTM 08-4/SPR 08-5 75~°~~ DRAFT FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("First Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and MAIN STREET CONCOURSE, LLC, a California limited liability company ("Owner" or "Property Owner"). 1. RECITALS. This First Amendment is entered into with reference to the following facts: 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93-0385606 with the Recorder's Office of the County of Orange (the "Original Agreement"). (1) The purpose of the Original Agreement was to facilitate the development of the mixed-use project contemplated by the City's Specific Design Zoning Designation SD-59 (SD-59), Vesting Tentative Map No. 14408 and EIR No. 93- . 1.2 Amended And Restated Agreement. Orient's interest was subsequently acquired by Owner, who thereafter with the City entered into that certain Amended and Restated Development Agreement on or about February 14, 2005, and recorded as Document Number 2005-000258102 with the Recorder's Office of the County of Orange (the "Amended Agreement"). (1) Owner at that same time obtained approvals for a modified project, including an amendment to SD-59, together with a new Vesting Tentative Map No. 14408 and EIR No. 2004-01. (2) Section 5.4 of the Amended Agreement provides that Owner shall consider the design and application for an additional residential, for-sale, high rise tower on its 18 acre property in the general location as specified in Exhibit F to the Amended Agreement. (3) The Owner has now proposed construction of a 31 story, 353 residential unit for-sale (i.e., condominium) project in the general location specified in Exhibit F to the Amended Agreement. This project would require amendment to SD-59 and other discretionary approvals by the City, including a new tentative tract map and Environmental Impact Report. 75D-75 DRAFT (4) In light of the Owner proposal to construct the 31-story, 353 residential units, for-sale (i. e., condominium) project, the Owner and City have agreed that it is appropriate to adopt this amendment to the Amended Agreement. 1.3 Code Authorization. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and Owner in the development process. The City enters into the First Amendment pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) This First Amendment is intended to assure adequate public facilities at the time of development. (2) This First Amendment is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS- (3) This First Amendment will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific Development District No. 59. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process, as further provided in this First Amendment. (5) This First Amendment will allow the City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to the City for entering into this First Amendment are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.4 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in the City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Sky Lofts Property"). The Sky Lofts Property is approximately 2.01 acres in size and is currently vacant. 75D-76 DRAFT 1.5 Approval of Owner. Owner further hereby represents that it has approved this First Amendment and is authorized to enter into this First Amendment. 1.6 Planning Commission -Council Hearings. On November 10, 2008, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this First Amendment. This public hearing was duly held, all public testimony was attended to, and the Planning Commission recommended to the City Council of the City that it execute this First Amendment. On December 1, 2008, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this First Amendment. 1.7 Council Findings. The Council finds that this First Amendment is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On .200_, the Council adopted Ordinance No. NS- approving this First Amendment. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the First Amendment, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in Section 5.2 et seq. of this First Amendment. 2.2 "Map" means Tentative Tract Map No. 17242, approved concurrently with this First Amendment. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Sky Lofts Property, and includes Main Street Concourse LLC's successors in interest. 2.3 "Sky Lofts Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Sky Lofts Project" is the development of the Sky Lofts Property as generally set forth in SD-59, Tentative Tract Map No. 17242, Conditional Use Permit No. 2008-34, Environmental Impact Report No. 2007-02, and Site Plan Review No. 2008-05. The Sky Lofts Project does not include the development of any property within SD-59, other than the Sky Lofts Property. The Sky Lofts Project generally is described as follows: 75D-77 DRAFT (1) a residential multi-family condominium tower including 27 levels of residential condominiums above four (4) levels of above grade parking and two (2) levels of below grade parking. Within the tower a total of 333 residential condominium units will be provided and an additional twenty (20) stacked townhomes will line the south side of the parking structure. (2) The residential condominium units shall range in size from 804 to 2,000 square feet and provide nine (9) feet from floor to finished ceiling for the townhomes and podium level thru level twenty-five (25) and twelve (12) feet from floor to finished ceiling on levels twenty-six (26) and twenty-seven (27). (3) At the grade level, an approximately 2,900 square foot lobby shall be provided. Immediately outside of the lobby shall be two (2) water features announcing the pedestrian arrival point. (4) A 33,690 square foot common space amenity deck shall be installed above the parking structure and include a pool, spa, cabana/lounge, outdoor fireplace, tables and outdoor barbeque. (5) The Podium level shall consist of 4,590 square feet of enclosed common space including a gymnasium, dining and kitchen area, and media room. (6) The height of the tower will be approximately 366 feet including the mechanical equipment penthouse. The parking garage will contain 729 parking spaces. (7) All residential units in the Sky Lofts Project shall be condominiums, i. e., not residential units rented by the Owner. To be considered to be condominiums, the Owner shall obtain all necessary approvals for sales of individual residential units, including but not limited to, (a) a recorded, final subdivision map, (b) recorded Declaration of Covenants, Conditions and Restrictions (CC&Rs), (c) a final, unconditional "public report" issued by the California Department of Real Estate pursuant to the Subdivided Lands Act. 2.5 Public Art Locational Plan means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the location of the Public Art required under certain circumstances by this First Amendment, and is subject to refinement at the time of installation, by agreement of the Owner and the Executive Director. 3. EXHIBITS. The following documents referred to in the First Amendment are attached to this First Amendment and are identified as follows: 75D-78 DRAFT Exhibit Referred to Desi nation Description in Section A Sky Lofts Property Legal Description 1.4 B Sky Lofts Property Graphical Description (Site Plan) 1.4 C Public Art Locational Plan 2.5 D Remaining Offsite Mitigation Measures 5.3 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This First Amendment amends, restates and supersedes the Amended Agreement only as explicitly set forth herein, and only as it relates to the Sky Lofts Property. In all other respects, the Amended Agreement shall remain in full force and effect. 4.2 Sky Lofts Property Exclusively Subject to the First Amendment. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this First Amendment until Owner has fully performed its obligations arising out of the First Amendment. 4.3 Effective Date; Duration of First Amendment. (1) The "Effective Date" of this First Amendment shall be the date that the City Council ordinance adopting this First Amendment becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless it or Ordinance No. NS- (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures, or unless its effective date is stayed by order of a court of competent jurisdiction. (2) The term of this First Amendment shall for seven (7) years from the Effective Date ("Initial Term"); provided, however that the Owner may request a single three-year extension ("Extended Term") from the Executive Director of the Planning and Building Agency, which request shall not be unreasonably denied. Nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. (3) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of Tentative Tract Map No. 14230, including any lot line adjustment or merger of lots (or any other tentative map approved by the City relating to the Sky Lofts Property 75D-79 DRAFT subsequent to the Effective Date of this First Amendment), shall not expire during the term of this Development Agreement remains in effect. (4) Notwithstanding subsections (2) or (3) hereof, if, at the end of the original or any modified term, the Sky Lofts Property is in the process of being developed, the term of this First Amendment shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. (5) The expiration of this First Amendment shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this First Amendment, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law pursuant to Section 5 of this First Amendment. (6) Upon the expiration or termination of this First Amendment for any reason, the Ciry and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this First Amendment from the public records as to the property or any applicable portion thereof. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Sky Lofts Property, with respect to and only with respect to the permitted use(s), density, height, size of structures and intensity of use of the Sky Lofts Property, and provisions for reservation or dedication of land for public purposes and any other exactions or mitigation measures applicable to the Sky Lofts Project shall be those rules, regulations, and policies applicable to the Sky Lofts Property as of the Effective Date, including those set forth in SD-59, as amended concurrently herewith. 5.1.1 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this First Amendment ("Reserved Powers"), including without limitation: (1) Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Sky Lofts Property in accordance with this First Amendment. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Sky Lofts Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: 75D-80 DRAFT (a) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this First Amendment; (b) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (c) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (d) Procedural rules of general City-wide application. (2) No vested rights as to any requirements in this Section 5.1.1 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.1.2 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Sky Loft Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Sky Loft Project or any unit or structure contained within the Sky Loft Project. 5.1.3 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifications to the discretionary approvals vested pursuant to this First Amendment, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification." 5.1.4 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Sky Lofts Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this First Amendment, shall apply to the development of the Sky Lofts Property. 5.1.5 Amendments or Additions to Citywide Fee Programs. This First Amendment shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this First Amendment, which shall be applicable to the Sky Lofts Project or the Sky Lofts Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to the Sky Lofts Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Sky Lofts Sky Lofts Project impacts which were analyzed in the Environmental Impact Report prepared for the Sky Lofts Project, or 75D-81 DRAFT (b) duplicate any exactions, project design features, conditions of approval, agreements, or mitigation measures contained in the Development Plan for this First Amendment. 5.2 Development, Construction and Completion of Work of Public Art and Other Consideration. In consideration for the extraordinary and significant benefits to the City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, and intensity of use, Owner shall comply with the provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project. 5.2.1. Schedule For Work of Public Art. Owner shall design, construct and maintain a work of public art only if it does not Commence Construction of the Sky Lofts Project during the Initial term and instead requests and is granted an extension as set forth in section 4.3(2) of this First Amendment. For purposes of this Section 5, "Commence Construction" means those actions (i. e., valid building permit issued by City and substantial, hard construction costs expended in good faith reliance thereon) that would create a vested right in Owner pursuant to Avco Community Developers, Inc. v. South Coast Reg'l Comm'n, 17 Cal. 3rd 785, 791 (1976), and its progeny. Facilities to Be Constructed Trig erin Event 1. Submit Final Design of Public Art. One year from the commencement of the Extended Final design must conform to Public Art Term, if applicable. Locational Plan. 2. Install Public Art. Prior to the City's issuance of Certificate of Use and Occupancy for any portion of the Sky Lofts Project, or two and one-half (2 1/2) years from the commencement of the Extended Term, whichever comes first. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this First Amendment within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 75D-82 DRAFT 5.2.2 Responsibility For Costs of Work Of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. 5.3 Remaining Offsite Mitigation Measures. The parties acknowledge and agree that the sole remaining offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit D to this First Amendment. 5.4 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit as a condition of issuance of each building permit which includes one or more residential units, or $1,059,000.00 for all residential units upon the issuance of the initial building permit, whichever is greater. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the Ciry. 5.5 In-Lieu Park Fee. The Owner shall pay a fee of $7,841.00 per unit in lieu of its obligation established by section 34-204 et seq. of the Santa Ana Municipal Code; provided, however that the fee may be increased to $10,568.00 per unit if the Owner does not Commence Construction (as that term is defined in Section 5.2.1) during the Initial Term. This in-lieu park fee shall be paid at the same time as those fees the payment of which is currently deferred by the City pursuant to City Ordinance No. NS-2775, or any extension thereto. 5.6 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Sky Lofts Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Sky Loft Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Sky Lofts Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Sky Lofts Property and the Sky Lofts Project, and all other provisions of the City and its Municipal Code (as they apply to the Sky Lofts Property and the Sky Lofts Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. (collectively "Governmental Requirements"). 5.7 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) Repair of perimeter walls will be specified in the CC&R's in the event of damage. 75D-83 DRAFT (2) The CC&R's shall provide notice to prospective owners of the urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g.., Main Place Regional Shopping Mall, and surrounding property within SD-59 zoned and/or devoted to commercial use), and the regional and local street grid adjacent to the Sky Lofts Project (e.g., SR- 22, I-5, SR-57, Main Street, Town & Country Drive), and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (3) The CC&R's shall reflect that balconies may not be used for storage. (4) Terms and Content: i. CC&R's are to be in effect for at least 66 years. ii. Any proposed modifications to the foregoing provisions of the CC&R's will require approval by the Executive Director. 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. The City shall, at least every twelve (12) months during the term of this First Amendment, review the extent of good faith substantial compliance by Owner with the terms of this First Amendment. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the First Amendment at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the First Amendment after the annual review set forth in Section 6.1 above, the City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the Executive Director, the First Amendment remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this First Amendment shall not constitute or be asserted by any party as a breach of the First Amendment by Owner or City. io 75D-84 DRAFT 7. DEFAULT. 7.1 Owner Events of Default. Property Owner is in default under this First Amendment upon the happening of one or more of the following events or conditions (each, an "Owner Event of Default"): (1) If a material warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; or (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of this First Amendment that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the material terms or conditions of this First Amendment; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this First Amendment. 7.2 Procedure upon Default. (1) Upon an Owner Event of Default, the City through the Executive Director shall submit to Owner, ~ written notice of default, in the manner provided in Section 4.10 of the Amended Agreement, identifying with specificity the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure in any event not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently proceed to remedy such default(s) after proper notice and expiration of said one hundred and twenty (120) day cure period or such extended period as provided herein, the City may terminate or amend this First Amendment in accordance with the procedure adopted by the City. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. ii 75D-85 DRAFT (2) If after the cure period has elapsed, the Executive Director finds and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be entitled to appeal that finding and determination to the City Council by filing an appeal with the City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council shall act upon the finding and determination of the Executive Director within ninety (90) days after the filing of such appeal. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. (3) The City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this First Amendment. third person. (4) Non-performance shall not be excused because of a failure of a (5) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this First Amendment and a hearing on the matter shall not be required. (6) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (7) All other remedies at law or in equity which are not inconsistent with the provisions of this First Amendment are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against the City upon termination of this First Amendment for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or First Amendments set forth in the First Amendment, or to enjoin any threatened or attempted violation of the First Amendment; or to obtain any remedies consistent with the purpose of the First Amendment. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 12 75D-86 DRAFT ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This First Amendment shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Sky Lofts Property or any portion of the Sky Lofts Property or any improvement on the Sky Lofts Property by any mortgage, deed of trust, or other security device (or any number of them) securing financing with respect to the Sky Lofts Property or its improvement (any such encumbrance, a "Mortgage"). 8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Sky Lofts Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this First Amendment (1) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Sky Lofts Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (i) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of Default promptly following its obtaining possession and; (ii) said Mortgagee shall proceed diligently to obtain possession of the Sky Lofts Property (including possession by receiver) (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of Default; and (b) In the case of an Owner Event of Default that is not susceptible to being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a 13 75D-87 DRAFT nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Sky Lofts Property pursuant to Subsection 8.4(a) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other Owner Event of Default during any period of such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder. Except as set forth herein, nothing contained herein shall require any Mortgagee to cure any Owner Event of Default. 8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any conveyance of the Sky Lofts Property from the Owner to a Mortgagee or its designee through, or in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this First Amendment; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as the Owner hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder pursuant to an assumption First Amendment satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such acquisition of the Owner's right, title and interest hereunder as described in the preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new First Amendment or amend this First Amendment with such party, upon the written request therefor by such party given not later than one hundred twenty (120) days after such party's acquisition of the Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new or amended agreement shall be substantially the same in form and content to the provisions of this First Amendment, except with respect to the parties thereto, and the elimination of any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have priority equal to the priority of this First Amendment. Upon execution and delivery of such new or amended agreement, the City shall cooperate with the new owner, at the sole expense of said 14 75D-88 DRAFT new owner, in taking such action as may be necessary to cancel and discharge this First Amendment and to remove Owner named herein from the Sky Lofts Property. 8.6 Releases. The City agrees that upon written request of Property Owner and payment of all fees and performance of the requirements and conditions required of Owner by this First Amendment with respect to the Sky Lofts Property, or any portion thereof, the City shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this First Amendment in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this First Amendment, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This First Amendment constitutes the entire understanding and agreement of the parties with respect to the matters set forth in this First Amendment. This First Amendment supersedes all negotiation or previous agreements between the parties respecting this First Amendment, including without limitation the Original Agreement and/or the Amended Agreement. All waivers of the provision of this First Amendment must be in writing and signed by the appropriate authorities of the City or of Owner. All amendments to this First Amendment must be in writing signed by the appropriate authorities of the City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Upon the completion of performance of this First Amendment or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange County, California. 9.3 Sky Lofts Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Sky Logs Project is a private development for purposes of Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Sky Lofts Property or in connection with the Sky Lofts Project; and (c) Owner shall have the full power and exclusive control of the Sky Lofts Property subject to the obligations of Owner set forth in this First Amendment. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First Amendment are part of this First Amendment. 9.5 Captions. The captions of this First Amendment are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this First Amendment. 15 75D-89 DRAFT 9.6 Consent. Where the consent or approval of a party is required in or necessary under this First Amendment, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this First Amendment. 9.8 Time of Essence. Time is of the essence for each provision of this First Amendment of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this First Amendment has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this First Amendment or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this First Amendment. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this First Amendment to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an First Amendment on the effect of such federal or state law or regulation upon the First Amendment, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this First Amendment and the meaning of the provisions hereof. In addition, the provisions of this First Amendment 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. 9.11 Arms Length Transaction. Each party represents and warrants to the other the following: it has carefully read this First Amendment, and in signing this First Amendment it does so with full knowledge of any rights which it may otherwise have, and it has freely signed this First Amendment without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party or its agents, employees, or attorneys, except as specifically set forth in this First Amendment, and without duress or coercion, whether economic or otherwise. 9.12 Recording. The City Clerk shall cause a copy of this First Amendment to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this First Amendment. 16 75D-90 DRAFT IN WITNESS WHEREOF, this First Amendment has been executed by the City of Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. NS- , authorizing such execution, and by Property Owner. Dated this day of , 200 THE CITY OF SANTA ANA By DAVID N. REAM City Manager Approved as to Form: By JOSEPH W.FLETCHER City Attorney MAIN STREET CONCOURSE, LLC, A California Limited Liability Company By: EMG-MAIN STREET LLC, a California limited liability company, Its Manager By: BDC LLC, a California limited liability company, Its Manager By: Bisno Development Company LLC, a California limited liability company, Its Manger By Robert H. Bisno, Manager and Chief Executive Officer l~ 75D-91 STATE OF CALIFORNIA COUNTY OF ) On before me, , a Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF ) On before me, , a Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 75D-92 EXHIBIT A Sky Lofts Property Legal Description To be inserted 75D-93 EXHIBIT B Sky Lofts Property Site Plan To be inserted 75D-94 EXHIBIT C Public Art Locational Plan Public art valued at one-half of one percent (0.5%) of the project building permit valuation is required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed to by the City's Planning Commission and Owner) to be placed along Lawson Way at or near its intersection with Jeanette Lane, with the final location to be determined as specified in Section 5.2 et seq. of this First Amendment. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in Section 5.2.1 of this First Amendment. Review and approvals required by the Planning Commission .pursuant to Section 5.2 et seq. or this Exhibit C may be .delegated to a committee of same duly constituted pursuant to the Planning Commission's bylaws. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 7. Expenses Not Allowed from Art Allocation i. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) ii. Architect and Landscape Architect fees. iii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. iv. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the art piece. 75D-95 vi. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. vii. Dedication ceremonies, including sculpture unveilings or grand openings. 8. To be eligible, the proposed work of public art shall not be: i. amass produced object from a standard design; ii. a reproduction, whether produced by mechanical or other means, of an original work of art; iii. elements of building, designed by the building's architect, as opposed to a public artist commissioned for the express purpose of creating a unique work of public art; nor iv. a water feature, in whole or in part. 75D-96 EXHIBIT D Off-Site Mitigation Measures Improvement Location 1. Landscape Median Main Street from City Place Drive to Town and Country Drive 2. Street Reconstruction Lawson Way from Memory Lane to northern property limit of Sky Lofts Property from curb to curb 3. Slurry Seal Memory Lane from Main Street to Lawson Way 75D-97 d a 91 f a ?L`C a~ ~~ ~ y - ~' a c a ~ ~e C~ 1¢ ~ ~~~ ~ ~~;G~ 4- ~~~ ~i~ ~~~ ~ ~ ~~Epi ~~~~ ~Y ra ~~~~ ~ ~ g~~ g g ~ ~ e a ~~~a~ai ~ ~'~~~ ~~z g~ 9~ ~ ~4~ ~a~~ age ~ ~~~ §g . ~3 ~~ ~~~ ~ ~ ~ gg i 's 3 ~ E ~ p~ 9~ 9 9 R -ya~. j~~4 ~ b ~~t~i ~2t7!'? 9 ~ ~ ~~~~ ~~ ~~ a a ~~~ n ~~ ~ ~~~ ~~ ~ o ~ ~ y i i ~ T ~ e p G ~1p5g ' N s q e N ~ _~~; €e g ~ ° ~' r _ _ - ~ I ~ ~ ___ -_ ~ ~ o _____________ _ R Z ____ - - _ - _ - ~. - s .~Z:~~ -~ 1. S dOtld N01 Y L ~ o AWQN 1~~ - _ ~ ~ ---:- - - .a ~~ p - - a ~~ Q ~ ~ ~ -- ~ Im a ~ W ~~~ Q~ ~ ~ ~ I - ~ _ I I 1 ,. i ~ ~ ~a F ~~ a v ~~~ _ ~ i ~ \\ ~ r ~ 8_ ~~ I ~ ~ 1 I~ L=L . ~~9` ~ "~I.F~: W ~ ~ ~~ , ~ ~..-~' ~ ~ ~ \ , J Z til ~ i , a~ i ~` 1 ' _ 9 ~ /.. I I _/ W ~ \ ~~ /I, I I `O~9 I I ~~- \ ~ i I i I \ ~4 I / f ~~~ i \\ ' ~ I I ~~ I 1 I ~ ~ I ! \il 8 ~ I I ~ I R ! i ' ~ I -I J___ ~ - _____ _ ~C____-_ ~--ANYON~pB1~YN1 r ~ ~ _-__ Q $ aS f EIR 07-2/ZOA 08-4! AA AA_A II"I ID A4_4A/ ~(j~.Q,~-41,~P~ 08-5 Conditional Use Permit No. 2008-34 January 12, 2009 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of a residential high rise will add to the mixture of housing opportunities available within the city. The proposed multi- family residential use (City Place Sky Lofts) within the City Place development will provide a service to the community by providing for-sale, high-quality residential housing stock that will enhance the property values of the surrounding neighborhoods. Conditions of approval have been included to ensure the quality and the attractiveness bf the overall design which will contribute to the general well being of the community. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2007-02 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a two acre vacant portion of north Main Street and the City Place development will assist in promoting the economic viability and enhance the livability for this area. C. Will the proposed stability or future surrounding area? use adversely affect the present economic economic development of property in the The residential tower is a suitable and appropriate use within the mixed-use development and the District Center setting. The addition of residential units should increase the patronage to surrounding businesses, thereby enhancing the viability of the businesses and assist in identifying City Place as a viable mixed-use community. EIR 07-2/ZOA 08-4/ DA 04-4/CUP 08-34/ $R 08-5 H I 8 Conditional Use Permit No. 2008-34 January 12, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? As conditioned and the approval of Zoning Ordinance Amendment No. 2008-04, the proposed project will be in compliance with all applicable regulations and conditions imposed on high rise residential units, pursuant to Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The residential high rise tower is consistent with the General Plan Land Use Element designation of District Center and the proposed amendments to Specific Development No. 59. The proposal is supported by the Land Use Element Goal: 2.0, To promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, To promote a balance of land uses to address basic community needs. Further, General Plan Land Use Element Policy 1.3 supports high-density residential development within the City's District Centers as a part of a master-planned mixed-use development. Also, Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. Therefore, a residential high rise within a mixed-use setting will assist to further the goals of the District Center designation of the General Plan. 75D-100 JANUARY 12, 2009 PAGE 1 OF 2 Conditions for Approval Conditional Use Permit No. 2008-34 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. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 06-46). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of constructed with quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project . 4. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division and shall be at the same or higher level of quality as the Nexus residential tower (CUP 2005-10) and City Place live- work lofts (CUP 2004-28). The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled shower enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum they will include EIR 07-2/ZOA 08-4/ DA 04-4/CUP 08-341 VTT~ ~S~~ Q$~ JANUARY 12, 2009 PAGE 2 OF 2 a product line for the appliances requiring the equivalent or higher grade, all cabinets be of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 5. Interior floor to finished ceiling heights will be a minimum of nine feet on the podium level through level 25 and a minimum of 12 feet on levels 26 and 27. For the stacked townhomes, interior floor to finished ceiling heights shall be a minimum of nine feet. 6. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. 7. CC&Rs shall include residential occupancy standards similar to Phase I of the City Place development (CUP04-28). 8. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 9. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 10. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 75D-102 Vesting Tentative Tract Map No. 2008-04 January 12, 2009 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the District Center land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. B. The proposed project, as conditioned, conforms to all applicable requirements 'of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2008-04 is in keeping with the provisions of the site plan review (Development Project No. 2006-46) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2008-04. C. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately two acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, maintaining adequate frontage for each parcel. Vesting Tract Map No. 17242 has been determined to be capable of supporting the type and density of the proposed project. There are no physical constraints on the site to preclude development. EIR 07-2/ZOA 08-41 DA 04-4/CUP 08-34! VTTM 08-4/SPR 08-5 7~C~-'~1~03 Vesting Tentative Tract Map No. 2008-04 January 12, 2009 Page 2 of 2 D. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Environmental Impact Report 2007-02 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. E. The design or improvements of the proposed project will not cause serious public health problems. The proposed infill development within a mixed-use development is for a residential high-rise tower and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. F. The design of improvements of the proposed project will not conflict with easements necessary for. public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2008- 04 (County Map No. 17242) will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site as this development, as an urban project concept, encourages pedestrian and public activity. 75D-104 JANUARY 12, 2009 PAGE 1 OF 3 Conditions for Approval Vesting Tentative Tract Map No. 2008-04 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the 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 vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in revocation of the vesting tentative tract map. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 06-46) . 2. The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the .Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. 3. A final map must be approved and recorded prior to issuance of building permits. EIR 07-21ZOA 08-41 DA 04-4/CUP 08-341 VTTM 08-4/SPR 08-5 7~1~95 JANUARY 12, 2009 PAGE 2 OF 3 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division and shall be at the same or higher level of quality as the Nexus residential tower (CUP 2005-10) and City Place live- work lofts (CUP 2004-28) The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled shower enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum they will include a product line for the appliances requiring the equivalent or higher grade, all cabinets be of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 7. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of all outdoor fireplace, seating, benches, tables, chairs, lounges and similar furniture. These items shall be reviewed and approved when the landscapes are submitted into plan check. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibit 3), plazas, drive aisles, pedestrian walkways and common area amenities for the project, shall be completely installed prior to the issuance of a certificate of occupancy for the project. 75D-106 JANUARY 12, 2009 PAGE 3 OF 3 10. Pedestrian walkways shall be provided to establish pedestrian connectivity throughout the project site and to existing pedestrian connection points as shown on the Plan (Exhibit 3). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan and two fountains. These improvements must be completed prior to occupancy of the first unit. 11. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 12. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 13. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 14. The podium level shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 15. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 16. The podium level amenity deck shall be completely installed prior to the issuance of any certificate of occupancy. 75D-107 bk: 1 /27/09 RESOLUTION NO. 2009-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SKY LOFTS PROJECT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS 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 City has under consideration application to construct Sky Lofts, the final portion of the City Place Development located at 301 East Jeanette Lane. The Sky Lofts proposed project consists of a high rise tower, stacked townhomes and a parking structure on an approximately two acre site. The residential segment will provide 333 condominium units within the tower and 20 stacked for-sale townhouses wrapping one-side of the 729-space parking garage. 1. As a result of public input, the City prepared a Draft EIR (Environmental Impact Report) for this proposed project, which was submitted for public comment to all responsible agencies, the State Clearinghouse, neighboring communities and districts, neighborhoods in the vicinity and the requesting public. 2. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EIR and errata). 3. A proposed mitigation monitoring plan has been prepared, as has the facts, findings and statements which are attached to this Resolution. B. At its regular meeting of January 12, 2009, the Planning Commission of the City of Santa Ana, following a duly noticed public hearing, recommended to the City Council that it adopt this Final EIR, the mitigation monitoring plan, and certain facts, findings and statements. 75D-108 C. The City Council has fully considered this matter, and all public testimony, at a duly noticed public hearing held at its regularly scheduled meeting of February 2, 2009. D. All attached documents, including the Final EIR, the mitigation monitoring plan, the findings and approvals, the Request for Council Action dated February 2, 2009, and the record of proceedings are incorporated herein by this reference as though fully set forth. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole 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, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. 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, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. 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 , 2009. 75D-109 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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. 2009-~;XX 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 75D-110 City Plaee Sl.v Lofts Final Environmentallmpact Report Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE CITY PLACE SKY LOFTS PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title I4, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report (EIR, State Clearinghouse No. 2007041088) for the City Place Slcy Lofts project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the City Place Sky Lofts project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the November 5, 2007 Draft EIR, the March 10, 2008 Responses to Comments Report (RTC) and the project Mitigation Monitoring and Reporting Program (MMRP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final E[R. Based on the substantial evidence in the record before it, the City finds that the Draft and Final E[Rs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that the Draft E[R was prepared by consultants retained by the City and by City staff, subject to independent review and judgment of the City. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the City Place Sky Lofts project, that the Draft EIR which was circulated for public review reflected its independent judgment, and that the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the MMRP, which is contained in the Final EIR and which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. This MMRP will ensure CEQA compliance during project implementation. (`.;PROD-ENG'ICityPlaceSkyLoftslFinalEl2lFindings-SOCIFindings-SOC.doc Page 1 January 23, 2009 75D-111 City Place Sky Lofts Final Environmental Impact Report Findings 3.0 ENVIRONMENTAL REVIEW PROCESS 31 PROJECT BACKGROUND AND OBJECTIVES The 2.008-acre City Place Sky Lofts project site is situated in the northeastern part of the City of Santa Ana and is bordered by the City of Orange to the north. The project site is located at the northwestern corner of Jeanette Lane and Lawson Way. Local access to the project site would be provided from Lawson Way. Regional access to the project site would be provided by Interstate 5 (I-5) to the south and west and State Route 22 (SR 22) to the north. Main Street Concourse, LLC is proposing the City Place Sky Lofts project, which is a high-rise residential development consisting of a 27-story residential tower; four levels of two-story town homes; four above-grade parking and two below-grade parking levels; and amenity deck (Podium Level). A total of 353 for sale residential units will be provided. The 31 story residential tower, which includes a four level above ground parking structure, will include 333 units and 20 two-story town homes will be located adjacent to the parking garage. The objectives for the City Place Sky Lofts project are to: • Develop the City Place as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding area, and that maximizes the advantages of the site's location on Main Street in terms of its visibility and proximity to SR 22. • Develop the vacant project site with land uses to help meet the residential needs in the northeastern part of the City of Santa Ana. • Provide a long term development that is of the highest architectural quality and design. • Provide a landscaping plan that is complementary to the project. • Provide an exciting and visually cohesive development as viewed both internally and externally. • Provide development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan. • Provide concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods. • Provide a development that provides special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character. • Provide off-street parking sufficient to service the development, consistent with uses contained in the project. • Include the provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary. • Maintain the existing streetscape pattern including sidewalk design, mature trees and light fixtures. • Introduce a mixture of multi-family housing types to the district. • Maximize the residential density of the vacant site in City Place to support the purpose of the General Plan designation of District Center, which is intended for high intensity development. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA. The City of Santa Ana has determined that the EIR is required for the City Place Sky Logs project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and F: IPROJ-ENVICity Place Sky LoftslFanal EIRIFindings-SOCIFindengs-SOC.doc Page 2 January 23, 2009 75D-112 Ciry Place Sky Lofts Final Environmental Impact Report Findings other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the City Place Sky Lofts site plan approval and other related implementation actions. To implement the project, the City and/or other public agencies must consider various actions, permits, and approvals. The following City of Santa Ana approvals are anticipated to be required for the proposed project: • Amendment to Specific Development Plan 59 (SD-59) to modify the adopted SD-59 and establish permitted land uses, site development standards, and parking requirements for the proposed project. • Tentative Tract Map for condominium purposes. • Development Agreement. • Conditional Use Permit. In addition, the following approvals of agencies outside the City are anticipated for the proposed project: • Federal Aviation Administration (FAA) review of Proposed Construction or Alteration (FAA form 7460-1). 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 INITIAL STUDY AND NOTICE OF PREPARATION The C ity of Santa Ana distributed the Notice of Preparation (NOP) and an Initial Study (IS) for the proposed City Place Sky Lofts project on April 23, 2007, for the required 30-day review period. The NOP was distributed to the State Clearinghouse Office of Planning and Research, public agencies, service providers, and neighborhood associations in the vicinity of the project site. A copy of the NOP is provided in Appendix A of the Draft EIR. The distribution list for the NOP is provided in Appendix B of the Draft EIR. The City of Santa Ana received eight written comments to the NOP. Copies of these comment letters are provided in Appendix C of the Draft EIR. 3.2.2 SLOPING MEETING The City of Santa Ana conducted a public scoping meeting for the City Place Sky Lofts project on May 16, 2007. The meeting was held at 6:00 V.M., at the Santiago Park Lawn Bowling Clubhouse. The notice of the scoping meeting was included in the project NOP. Seven individuals attended the scoping meeting. One of the attendees submitted a comment card indicating the desire to be kept informed of future actions/activities concerning the City Place Sky Lofts project. This card is included in Appendix C of the Draft EIR. Based on the Findings of the IS and public input provided in response to the NOP, the Draft EIR evaluated the following environmental issues: aesthetics; air quality; cultural resources; geology and soils; hazards and hazardous materials; hydrology and water quality; land use and planning; noise; population and housing; public services; recreation; transportation and traffic; and utilities and service systems. r~ IPROJ-ENVICity Place Sky LoftslFinal PYRIFindings-SOCIFindings-SOC.doc Page 3 January 23, 2009 75D-113 City Place Slry Lofts Final Environmental 3.2.3 DRAFT EIR 3.2.3. I Circulation of the Draft EIR Findings The City of Santa Ana circulated the Draft EIR for the City Place Sky Lofts project for public review between November 7, 2007 and December 21, 2007. The RTC documents the public review and comment period for the Draft EIR. The Notice of Completion (NOC) and the Notice of Availability (NOA) for the Draft EIR are provided in Attachment A of the RTC Report. The NOA was advertised in the Orange County Register and the record of publication is provided in Attachment B of the RTC Report. The distribution list for the Draft EIR is provided in Appendix C in the RTC Report. Written comments on the Draft EIR for the City Place Sky Lofts project were received from the following: State A e~g ncies Native American Heritage Commission Southern California Association of Governments Department of Toxic Substances Control Department of Transportation -District 12 Public Utilities Commission State of California Governor's Office of Planning and Research Regional and Local A eg ncies Southern California Gas Company City of Irvine Airport Land Use Commission for Orange County City of Orange The Kennedy Commission County of Orange Businesses, Groups and Organizations The Colton Company Park Santiago Neighborhood Association General Public Mrs. Margaret Beyer 3.2.3.2 Planning Commission Public Hearing A public hearing was held on the Draft EIR for the City Place Sky Lofts project as part of the regularly scheduled November 26, 2007, City of Santa Ana Planning Commission meeting. This meeting was held at the City Hall Ross Annex (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to receive public comments on the Draft EIR. No public comments on the project were made during the Planning Commission meeting. F~IPROJ-ENVICiry Place SkyLoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 4 January 23, 2009 75D-114 City Place Spy Lofts Final Environmental Impact Report Findings 3.2.3.3 Written Responses to Written Comments The City evaluated the comments on environmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith, and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii) Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that "...new information added to an EIR is not "significant" unless the E[R is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of Draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.3 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the City Place Sky Lofts project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the RTC Report; (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the RTC Report; (d) Clarifications and revisions to the Draft EIR (e) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (f) The Final MMRP and F: '~PROJ-ENVICity Place Slcy LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 5 January 23, 2009 75D-115 City Place S/ry Lofts Final Environmental Impact Report Findings (g) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURE S IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the City Place Sky Lofts project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the City Place Sky Lofts project. The following Findings are made with respect to each significant adverse environmental impact of the City Place Sky Lofts project. In addition, the following Findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: • Potentially significant adverse impacts which can be mitigated to below a level of significance, based on implementation of identified project features, project mitigation measures, and/or City of Santa Ana standard conditions of approval. • Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the City Place Sky Lofts project will result in some significant adverse impacts which cannot be mitigated to below a level of significance. For each potentially significant adverse impact of the City Place Sky Lofts project, one of the following Findings must be made, including the provision of facts supporting each finding: • Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place Sky Lofts project which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the City Place Sky Lofts project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the City Place Sky Lofts project, as described later in Section 7.0 (Statement of Overriding Considerations). F.~ I PROD-ENI/1 City Place Sky L oftsl Final EIR IFindings-SOCI Findings-SOC. doc Page 6 Januaw 23, 2009 75D-116 City Place Sky Lofts Final Environmental Impact Report Findings 4.1.1 AESTHETIC IMPACTS RELATED TO SHADE AND SHADOW 4.1.1.1 Potentially Significant Adverse Impacts Related to Shade and Shadow As described in Section 4.2 (Aesthetics) of the EIR, the City Place Sky Lofts project would result in significant adverse impacts related to shade and shadow which would substantially reduce the visual quality of the residential and park uses that are shaded by the proposed project. 4.1. l .2 Finding Related to Shade and Shadow Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.1.3 Facts in Support ofthe Finding Related to Shade and Shadow There are no feasible mitigation measures to reduce shade and shadow impacts. Therefore, the significant adverse impact on the visual quality of residential and park uses that are shaded by the project cannot be reduced to below a level of significance. 4.l .1.4 Level of Significance of Impacts Related to Shade and Shadow The adverse impacts of the City Place Sky Lofts project related to shade and shadow cannot be mitigated to below a level of significance. 4.1.2 CUMULATIVE AESTHETIC IMPACTS RELATED TO SHADE AND SHADOW 4.1.2.1 Potentially Significant Cumulative Adverse Impacts Related to Shade and Shadow As described in Section 5.0 (Cumulative Impacts) of the EIR, in the spring, summer, fall, and winter late afternoon and early evening the 27-story tower would cast shadow on certain residential uses east of Lawson Way, northeast of South Parker Street, and southeast of Memory Lane. In the spring, summer, and fall shadow would also be cast on Santiago Park in the late afternoon and early evening. This impact cannot be mitigated and would remain a significant adverse impact of the proposed project. Therefore, the proposed project would result in significant adverse cumulative impacts on visual quality related to shade and shadow. 4.1.2.2 Finding Related to Cumulative Shade and Shadow Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final E[R. 4.1.2.3 Facts in Support of the Finding Related to Cumulative Shade and Shadow There are no feasible mitigation measures to substantially reduce adverse cumulative impacts on visual quality. The significant adverse shade and shadow impacts on visual quality cannot be reduced to below a level of significance. Therefore, the City Place Sky Lofts project will contribute cumulatively to adverse aesthetic impacts. F: IPROJ-EN~ICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 7 January 23, 2009 75D-117 Ciry Place Sky Lofts Final Environmental Impact Report Findings 4.1.2.4 Level of Significance of Impacts Related to Cumulative Shade and Shadow The contribution of the City Place Sky Lofts project to cumulatively adverse visual impacts related to shade and shadow cannot be mitigated to below a level of significance. 4.1.3 LONG-TERM AIR QUALITY IMPACTS RELATED TO REACTIVE ORGANIC GASES (ROG) 4.1.3.1 Potentially Significant Adverse Impacts Related to Operational ROG Emissions As described in Section 4.3 (Air Quality) of the EIR, project operations would result in emissions of ROG which would exceed the operational phase thresholds established by the South Coast Air Quality Management District (SCAQMD). These ROG emissions cannot be mitigated to below a level of significance and would constitute an unavoidable significant adverse impact. 4.1.3.2 Finding Related to Operational ROG Emissions Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.3.3 Facts in Support of the Finding Related to Operational ROG Emissions There are no feasible mitigation measures to substantially reduce ROG emissions during the operational phase. Therefore, the significant adverse impact during operation of the City Place Sky Lofts project related to ROG emissions cannot be reduced to below a level of significance. Compliance with the following project mitigation measures will lessen air quality impacts during operation. AQ-7 All appliances installed as part of the project shall be energy efficient appliances (i.e., washer/dryers, refrigerators, stoves, etc.). AQ-8 The project applicant will install ozone destruction catalysts on all air conditioning units. AQ-9 The proposed project will not include wood burning fireplaces. AQ-10 The project will exceed by 20% requirements of the Energy Efficiency Standards of Title 24 of the California Code of Regulations. Prior to approval of a building permit the project applicant will provide documentation to the City Engineer of compliance with this measure. 4.1.3.4 Level of Significance of Impacts Related to Operational ROG Emissions The long term adverse impacts of the City Place Sky Lofts project related to ROG emissions during operation cannot be mitigated to below a level of significance. F: IPROJ-ENViCity Place Sky LoftslFinal ELRIFindings-SOCIFindings-SOC.doc Page 8 January 23, 2009 75D-118 City Place Sky Lofts Final Environmental Impact Report Findings 4.1.4 LONG-TERM CUMULATIVE IMPACTS RELATED TO ROG EMISSIONS 4.1.4.1 Potentially Significant Cumulative Adverse Impact Related to Operational ROG Emissions As discussed above and in Section 5.0 (Cumulative Impacts) of the EIR, the operation-related ROG emissions of the City Place Sky Lofts project would exceed the applicable SCAQMD thresholds for these criteria pollutants. The impacts from the proposed project plus related cumulative projects would additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin (Basin), which is already anon-attainment area. This impact is significant and adverse and cannot be mitigated to below a level of significance. 4.1.4.2 Finding Related to Cumulative Operational ROG Emissions Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final E[R. 4.1.4.3 Facts in Support of the Finding Related to Cumulative Operational ROG Emissions There are no feasible mitigation measures to substantially reduce ROG emissions during operation of the proposed project. The significant adverse air quality impacts during operation of the City Place Sky Lofts project cannot be reduced to below a level of significance. Therefore, the City Place Sky Lofts project will contribute cumulatively to adverse air quality impacts in the Basin. 4.1.4.4 Level of Significance of Impacts Related to Cumulative Operational ROG Emissions The contribution of the City Place Sky Lofts project to cumulatively adverse impacts related to ROG emissions during operation cannot be mitigated to below a level of significance. 4.1.5 TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO ROAD SEGMENTS 4.1.5.5 Potentially Significant Adverse Impacts Related to Road Segments in 2010 As described in Section 4.13 (Transportation and Traffic) of the EIR, implementation of the proposed project would result in temporary traffic impacts. For the 2010 traffic conditions, the Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance without amending the Master Plan of Arterial Highways (MPAH) road classification from a Major Arterial to a Principal Arterial. The road reclassification from a Major Arterial to a Principal Arterial would provide one additional lane in each direction. This road reclassification would require an amendment to the City of Orange General Plan and the City of Santa Ana General Plan. As discussed in Section 4.13.4.4 (2030 Traffic Impact Analysis), Main Street between La Veta Avenue and Town & Country Road would operate at an acceptable Level of Service (LOS) D in 2030 without and with the proposed project. Daily traffic volumes on Main Street in 2030 were generally forecasted to be lower than the daily traffic volumes in 2010 because the buildout of the MPAH would provide additional road capacity on the parallel north-south arterial highways such as Bristol Street to the west and Grand Avenue to the east. The additional north-south arterial highways road capacities would alleviate traffic demand on Main Street by shifting some of the traffic demand to Bristol Street and Grand Avenue. F: IPROJ-ENVICity Place SkyLoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 9 January 23, 2009 75D-119 City Place Sky Lofts Final Environmental Impact Report Findings Therefore, implementation of the proposed project would create a temporary significant and unavoidable adverse impact to Main Street between La Veta Avenue and Town & Country Road until Bristol Street and Grand Avenue are built out to the MPAH designations. 4.1.5.2 Finding Related to Road Segments in 2010 Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.5.3 Facts in Support of the Finding Related to Road Segments in 2010 The Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance without amending the MPAH road classification from a Major Arterial to a Principal Arterial This is considered infeasible for a temporary traffic impact. This segment will operate at acceptable LOS D in 2030. 4.1.5.4 Level of Significance of Impacts Related to Road Segments in 2010 The temporary adverse impacts of the City Place Sky Logs project related to the Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance. 4.1.6 CUMULATIVE TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO ROAD SEGMENTS IN 2010 4.1.6.1 Potentially Significant Cumulative Adverse Impacts Related to Road Segments in 2010 Implementation of the proposed project would result in temporary cumulative traffic impacts. For the 2010 traffic conditions, the Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance without amending the MPAH road classification from a Major Arterial to a Principal Arterial. The road reclassification from a Major Arterial to a Principal Arterial would provide one additional lane in each direction. This road reclassification would. require an amendment to the City of Orange General Plan and the City of Santa Ana General Plan. This is considered infeasible for a temporary traffic impact. This segment will operate at acceptable LOS D in 2030. 4.1.6.2 Finding Related to Cumulative Conditions of Road Segments in 2010 Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4. l .6.3 Facts in Support of the Finding Related to Cumulative Conditions of Road Segments in 2010 The Main Street road segment between. La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance without amending the MPAH road classification from a Major Arterial to a Principal Arterial. F: IPROJ-ENVICiry Place SkyLoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 10 January 73, 2009 75D-120 City Place Sky Gofts Final Environmental Lmpact Report Findings 4.1.6.4 Level of Significance of Impacts Related to Cumulative Conditions of Road Segments in 2010 The temporary adverse cumulative impacts of the City Place Sky Lofts project related to the Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place Sky Lofts project which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the identified project mitigation measures. 4.2.1 AESTHETIC IMPACTS RELATED TO LIGHT AND GLARE 4.2.1.] Potentially Significant Adverse Impacts Related to Light and Glare As described in Section 4.2 (Aesthetics) of the EIR, light associated with the proposed residential tower and parking structure would add to the amount of existing light on and near the project site. Sources of light would include outdoor lighting and light from windows in the residential tower and town homes, and nighttime security lighting for the parking structure. This additional light would be potentially significant. hnplementation of the proposed project could result in additional glare from sunlight reflecting off of glare-producing building materials. This impact would be potentially significant. 4.2.1.2 Finding Related to Light and Glare Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.1.3 Facts in Support of the Finding Related to Light and Glare hnplementation of mitigation measures AS-2 and AS-3 would reduce the potential impacts to light and glare to less than significant levels. AS-2 The project proponent will ensure that all outdoor lighting and fixtures, including lighting for construction, are shielded or designed and located to minimize nighttime light spillage onto adjacent uses. Outdoor fixtures will be designed to generate less than 0.25-foot candle power of light where possible and will direct lighting toward the interior of the project site. AS-3 Non-reflective materials shall be utilized to the extent feasible. Building site plans shall be reviewed and approved by the City Planning and Public Works Department. F:'~~PROJ-ENVICity Place Sky GoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page Il Januarv 23, 2009 75D-121 Ctty Place Skv Lofts Final Environmental Impact Report Findings 4.2.1.4 Level of Significance of Impacts Related to Light and Glare The adverse impacts of the City Place Sky Lofts project related to light and glare will be mitigated to below a level of significance with implementation of mitigation measures AS-2 and AS-3. 4.2.2 SHORT-TERM AIR QUALITY IMPACTS 4.2.2.1 Potentially Significant Adverse Impacts Related to Construction Emissions As described in Section 4.3 (Air Quality) of the EIR, during the construction phase of the project, air quality emissions would exceed the construction phase thresholds established by the SCAQMD and would result in a significant adverse short-term regional air quality impact. 4.2.2.2 Finding Related to Construction Emissions Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.2.3 Facts in Support of the Finding Related to Construction Emissions The proposed project would result insignificant adverse air quality impacts during the construction phase. [mplementation of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4 and AQ-5 would reduce construction-related air quality impacts to less-than-significant levels. During construction, the contractor would be required to comply with SCAQMD Rule 403 -Fugitive Dust. Rule 403 requires that dust generated during demolition and construction activities be suppressed. Under Rule 403, the project construction activities would be subject to the following requirements: AQ-1 All trucks hauling dirt, sand, soil or other loose materials off-site shall be covered or wetted or shall maintain at least two feet of freeboard (i. e., minimum vertical distance between the top of the load and the top of the trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites shall be watered at least twice daily. AQ-4 All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 miles per hour [mph]) if dust is being transported to off-site locations and cannot be controlled by watering. AQ-5 The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. This measure would reduce volatile organic compounds (VOC) [ROG] emissions by 95 percent over conventional architectural coatings. The following websites provide lists of manufacturers of zero VOC content coatings: http://www. agmd. gov/bus mess/brochures/zerovoc. htm l http:l/www. delta- institute. org/publications/paints.pdf http://www. cl ea naircounts. org/factsheets/F S %20PDF/Low%20 V O C%20Pa int. pd f F.~IPROJ-ENG'ICityPlaceSkyLoftslFinalElRlFindings-SOCIFindings-SOC.doc Page l2 January 23, 2009 75D-122 City Place Sky Lofts Final Environmentallmpact Report Findings 4.2.2.4 Level of Significance of Impacts Related to Construction Emissions The adverse impacts of the City Place Sky Lofts project related to short-term air quality emissions will be mitigated to below a level of significance with implementation of the mitigation measures provided AQ-1 through AQ-5. 4.2.3 CULTURAL RESOURCES IMPACTS 4.2.3.1 Potentially Significant Adverse Impacts Related to Cultural Resources As discussed in Section 4.4 (Cultural Resources) of the EIR, there is potential that construction of the City Place Sky Lofts project could have a significant adverse impact on any unknown cultural resources which might exist on the project site. 4.2.3.2 Finding Related to Cultural Resources Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.3.3 Facts in Support of the Finding Related to Cultural Resources Implementation of mitigation measures C-1 and C-2, provided below, will substantially lessen the adverse impacts of the City Place Sky Lofts project related to cultural resources during construction, and will reduce this potentially significant adverse impact to below a level of significance. C-1 If buried cultural material is encountered during project construction, the construction contractor shall immediately stop work within the immediate vicinity of the finding and the City's Environmental Coordinator shall be contacted for appropriate action. C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified. A course of action will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage Commission if the remains are determined to be of Native American origin. This process can involve, but is not limited to, re-interment of said remains on- or off-site, donation to museums or schools for the promotion of archaeological body of record, or other arrangements as agreed upon by the consultation process with the Native American descendents or their representative. 4.2.3.4 Level of Significance of Impacts Related to Cultural Resources The adverse impacts of the City Place project related to cultural resources during construction will be mitigated to below a level of significance with implementation of mitigation measures C-1 and C-2. F~IPROJ-END1City Place SkyLoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 13 Jaiauary 23, 2009 75D-123 City Place Slcy Lofts !'final Environmentallmpact Report Fina'ings 4.2.4 GEOLOGY AND SOILS IMPACTS RELATED TO GEOTECHNICAL CONDITIONS 4.2.4.1 Potentially Significant Adverse Impacts Related to Geotechnical Conditions As discussed in Section 4.5 (Geology and Soils) of the EIR, implementation of the City Place Sky Lofts project could result in significant adverse impacts related to geotechnical conditions. In addition, results of the settlement analyses indicated that the potential exists for significant differential settlement between the tower and town home portions of the proposed project. 4.2.4.2 Finding Related to Geotechnical Conditions Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.43 Facts in Support ofthe Finding Related to Geotechnical Conditions With implementation of mitigation measures G-I and G-2, provided below, the potential for significant adverse impacts related to geotechnical conditions would be less than significant. G-1 Prior to issuance of a grading permit, a Final geotechnical report that addresses site- specific geotechnical considerations will be submitted to the City Engineer for approval. G-2 Recommendations for grading/earthwork, surface, and subsurface drainage, temporary and/or permanent dewatering, foundations, pavement structural sections, seismic design, and other pertinent, geotechnical design considerations will be formulated and will be included in the grading and building plans for the proposed project. 4.2.4.4 Level of Significance of Impacts Related to Geotechnical Conditions The adverse impacts of the City Place Sky Lofts project related to geotechnical conditions will be mitigated to below a level of significance with implementation of mitigation measures G-1 and G-2. 4.2.5 GEOLOGY AND SOILS IMPACTS RELATED TO EROSION AND LOSS OF TOPSOIL 4.2.5.1 Potentially Significant Adverse Impacts Related to Erosion and Loss of Topsoil As discussed in Section 4.5 (Geology and Soils) of the EIR, implementation of the City Place Sky Lofts project could result in significant adverse impacts related to erosion and loss of topsoil. 4.2.5.2 Finding Related to Erosion and Loss of Topsoil Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.5.3 Facts in Support ofthe Finding Related to Erosion and Loss of Topsoil With implementation of mitigation measure W-3, provided below, the potential for significant adverse impacts related to erosion and loss of topsoil would be less than significant. F:IPROJ-EN~1CityPlaceSkyLoftslFinaIEIRIFindings-SOCIFindings-SOC.doc Page 14 January 23, 2009 75D-124 City Place Sky Lofts Final Environmental Impact Report Findings W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the RWQCB, a Notice of Intent to be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require the implementation of BMPs. The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on-site using structural controls such as sandbags, fencing, or retention ponds. b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities, or adjacent properties via runoff, vehicle tracking, or wind. c) Appropriate BMPs for construction-related materials, wastes, spills, or residues shall be implemented to minimize transport from the site to streets, drainage facilities, or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained. at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. f) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. 4.2.x.4 Level of Significance of Impacts Related to Erosion and Loss of Topsoil The adverse impacts of the City Place Sky Lofts project related to erosion and loss of topsoil will be mitigated to below a level of significance with the implementation of mitigation measure W-3. 4.2.6 HAZARDS AND HAZARDOUS MATERIALS IMPACTS RELATED TO AIRPORT LAND USE PLANS 4.2.6.1 Potentially Significant Adverse Impacts Related to Airport Land Use Plans As discussed in Section 4.6 (Hazards and Hazardous Materials) of the EIR, the City Place Sky Lofts 27-story tower is 365 feet 8 inches above the ground at its highest point (a mechanical penthouse). Because the residential tower exceeds 200 feet in height, any such use (over 200 feet in height) would substantially fall within the John Wayne Airport Environs Land Use Plan (AELUP). Therefore, the proposed project would require filing with the FAA. Implementation of the proposed project could potentially result in significant impacts related to aviation hazards. 4.2.6.2 Finding Related to Airport Land Use Plans Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. F.~lPROJ-CNG1CityPlaceSkyLoftslFinalElRlFindings-SOCIFindings-SOC.doc Page IS January 23, 2009 75D-125 City Place Sky Lofts Final Environmental Impact Report Findings 4.2.6.3 Facts in Support of the Finding Related to Airport Land Use Plans Implementation of mitigation measure H-1 would ensure that any aviation-related safety hazards associated with the proposed project would be reduced to below a level of significance. H-1 The Applicant shall file a notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. A notification letter will be sent to the Airport Land Use Commission (ALUC) to indicate a structure proposed to be in excess of 200 feet in height. 4.2.6.4 Level of Significance of Impacts Related to Airport Land Use Plans The adverse impacts of the City Place Sky Lofts project related to Airport Land Use Plans will be mitigated to below a level of significance with the implementation of mitigation measure H-1. 4.2.7 HYDROLOGY AND WATER QUALITY IMPACTS 4.2.7.1 Potentially Significant Adverse Impacts Related to Water Quality As discussed in Section 4.7 (Hydrology and Water Quality) of the EIR, the construction and operation of the City Place Sky Lofts project may result in the potential for significant adverse impacts to water quality associated with contaminants on the site being carried from the site in runoff. 4.2.7.2 Finding Related to Water Quality Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant enviromnental effect as identified in the Final EIR. 4.2.7.3 Facts in Support of the Finding Related to Water Quality Implementation of mitigation measures W-3 during construction and W-4 during operation, provided below, will substantially lessen the adverse impacts of the City Place Sky Lofts project related to water quality during construction and operation, and will reduce this potentially significant adverse impact to below a level of significance. For Construction (Storm Water Pollution Prevention P1anZ(S WPPP) W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require implementation of Best Management Practices (BMPs). The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on-site using structural controls such as sandbags, fencing, or retention ponds. F: IPROJ-ENVICity Place Sky LoftslFinal ELRIFfndings-SOCIFindings-SOC.doc Page 16 Januarv 23, 2009 75D-126 City Place SI~y Lofts Final Environmental Impact Report b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities, or adjacent properties via runoff, vehicle tracking, or wind. c) Appropriate BMPs for construction-related materials, wastes, spills, or residues shall be implemented to minimize transport from the site to streets, drainage facilities, or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. fl At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. For Post-Construction (Water Quality Management PlanZ(WQMP) W-4 Prior to Finalizing design plans, a Water Quality Management Plan (WQMP) shall be prepared addressing post construction storm water runoff. This will consist primarily of structural BMPs addressing the urban runoff from the site. 4.2.7.4 Level of Significance of Impacts Related to Water Quality The adverse impacts of the City Place Sky Lofts project related to water quality during construction will be mitigated to below a level of significance with the implementation of mitigation measures W-3 and W-4. 4.2.8 NOISE IMPACTS 4.2.8.1 Potentially Significant Adverse Impacts Related to Noise As described in Section 4.9 (Noise) of the EIR, mechanical equipment noise will be associated with the ventilation system for the underground portion of the parking structure, with the mechanical system for the residential tower, and with the outdoor amenities. Depending on the type of equipment and where it is located relative to the nearby properties, the unmitigated noise levels produced by the mechanical equipment may exceed the City of Santa Ana's Municipal Code standards at the adjacent off-site properties. 4.2.8.2 Finding Related to Noise Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant enviromnental effect as identified in the Final EIR. F: I PROJ-ENVI City Place Sky Loftsl Final EIRI Findings-SOLI Findings-SOC. doc Page ! 7 January 23, 2009 75D-127 City Place Slcy Lofts Final Environmental Impact Report Findings 4.2.8.3 Facts in Support of the Finding Related to Noise Implementation of mitigation measure N-I, provided below, will reduce potentially significant adverse impacts of the City Place Sky Lofts project related to noise to below a level of significance. N-1 The Final design of the mechanical systems will comply with the noise standards of the City of Santa Ana's Municipal Code. Compliance with these standards will be verified by an acoustical analysis conducted by a qualified acoustical consultant during the Final design phase of the project. If this analysis indicates that the mechanical systems, as designed, will fail to meet the noise standards, further noise control measures shall be incorporated into the design to provide compliance. This may include such measures as: selection of quieter mechanical equipment, relocation of mechanical equipment and its associated intakes and exhausts, use of parapet walls or other acoustical shielding, and use of silencers or acoustical louvers. 4.2.8.4 Level of Significance of Impacts Related to Noise The adverse impacts of the City Place Sky Lofts project related to noise will be mitigated to below a level of significance with the implementation of mitigation measure N-l . 4.2.9 RECREATION IMPACTS 4.2.9.1 Potentially Significant Adverse Impacts Related to Recreation Facilities As described in Section 4.12 (Recreation), the City Place Sky Lofts project would increase the demand for parks and recreational facilities in the City. 4.2.9.2 Finding Related to Recreation Facilities Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.9.3 Facts in Support of the Finding Related to Recreation Facilities hnplementation of mitigation measure R-1 listed below would reduce potential recreation impacts to a level that is less than significant. R-1 Prior to the issuance of the permits, the proposed project shall comply with the City's public dedication requirements either through provision of private open space, public land dedication, fees, or other vehicles acceptable to the City. 4.2.9.4 Level of Significance of Impacts Related to Recreation Facilities The adverse impacts of the City Place Sky Lofts project related to recreational facilities will be mitigated to below a level of significance with the implementation of mitigation measure R-1. F.~IPROJ-ENVICityPlaceSkyLoftslFinaIEIRIFindings-SOCIFindings-SOC.doc Page 18 January 23, 2009 75D-128 City Place Slry Lofts Final Environmental Impact Report Findings 4.2.10 TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO 2030 SIGNLAIZED INTERSECTIONS 4.2.10.] Potentially Significant Adverse Impacts Related to 2030 Signalized Intersections As discussed in Section 4.13 (Transportation and Traffic) of the EIR, in 2030, the intersections of Parker Street at La Veta Avenue and Parker Street at Town & Country Road would operate at unacceptable LOS F and LOS E, respectively, during the A.1~t. peak hour. Therefore, implementation of the proposed project would cause these signalized intersections to operate at an unacceptable LOS, and with an increase in the Intersection Capacity Utilization (ICU) of greater than 0.01, representing a significant adverse impact. 4.2.10.2 Finding Related to 2030 Signalized Intersections Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.10.3 Facts in Support ofthe Finding Related to 2030 Signalized Intersections hnplementation of mitigation measures T-1 and T-2, provided below, will reduce the impacts on the 2030 signalized intersections of Parker Street at La Veta Avenue and Parker Street at Town & Country Road to below a level of significance. T-1 Prior to the issuance of permits, and subject to the approval of the City of Orange, the applicant shall deposit its set fee into the Transportation System Improvement Area Joint Powers Agreement (TSIA JPA) between the cities of Orange and Santa Ana and pay its fair-share of construction costs for the following improvements at the intersection of Parker Street and La Veta Avenue: add one northbound right-turn lane; stripe the unstriped eastbound right-turn lane; convert one eastbound through lane to one shared through/right-turn lane; convert one westbound through lane to one left-turn lane; and modify traffic signal phasing to provide a protected left-turn phase for the eastbound and westbound approaches. The applicant's fair-share contribution is two percent of the construction costs. T-2 Prior to the issuance of permits, and subject to the approval of the City of Orange, the applicant shall deposit its set fee into the TSIA JPA and pay its fair-share of construction costs for the following improvements at the intersection of Parker Street and Town & Country Road: convert one eastbound through lane to one shared through/left-turn lane; and modify the signal phasing to provide an eastbound/westbound split phase. The applicant's fair-share contribution is nine percent of the construction costs. 4.2.10.4 Level of Significance oflmpacts Related to 2030 Signalized Intersections The adverse impacts of the City Place Sky Lofts project related to the 2030 signalized intersections of Parker Street at La Veta Avenue and Parker Street at Town & Country Road will be mitigated to below a level of significance with the implementation of mitigation measures T-1 and T-2. F:IPROJ-ENVICityPlaceSkyLoftslFinaIEIRIFindings-SOCIFindings-SOC.doc Page l9 January 23, 2009 75D-129 City Place Sky Lofts Final Environmental Impact Report Findings 4.2.11 TRANSPORTIATION AND TRAFFIC IMPACTS RELATED TO 2030 SIGNALIZED INTERRSECTIONS AT CALTRANS RAMPS 4.2.11.1 Potentially Significant Adverse Impacts Related to 2030 Signalized Intersections at Caltrans Ramps As discussed in Section 4.13 (Transportation and Traffic) of the EIR, for the 2030 signalized intersections at Caltrans ramps, the intersections of SR 22 eastbound ramps/Lawson Way at Town & Country Road and Main Street at I-5 HOV ramps/I-5 northbound off-ramp/Edgewood Road would operate at unacceptable LOS E both with and without the project during the P.M. peak hour. In addition, the SR 22 eastbound ramps/I,awson Way at Town & Country Road would operate at unacceptable LOS F both with and without the project during the A.M. peak hour. Therefore, implementation of the City Place Sky Lofts project would cause these Caltrans signalized intersections to operate at an unacceptable LOS, and with an increase in delay of greater than one percent, representing a significant adverse impact. 4.2.1 1.2 Finding Related to 2030 Signalized Intersections at Caltrans Ramps Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.11.3 Facts in Support of the Finding Related to 2030 Signalized Intersections at Caltrans Ramps Implementation of mitigation measures T-3 and T-4, provided below, will reduce the impacts on the 2030 signalized intersections of SR 22 eastbound ramps/Lawson Way at Town & Country Road and Main Street at I-5 HOV ramps/I-5 northbound off-ramp/Edgewood Road to below a level of significance. T-3 Prior to the issuance of permits, and subject to the approval of the City of Orange and Caltrans, the applicant shall deposit its set fee into the TSIA JPA and pay its fair-share of construction costs for the following improvements at the intersection of SR 22 eastbound ramps and Lawson Way at Town & Country Road: convert one northbound right-turn lane to one shared through/right-turn lane; convert one southbound shared through/right- turn lane to one shared through/left-/right-turn lane; convert one westbound through lane to one shared through/left-turn lane; and modify traffic signal phasing to provide an eastbound/westbound split phase. The recommended improvements shall be designed to meet Caltrans standards. The applicant's fair-share contribution is ten percent of the construction costs. T-4 Prior to the issuance of permits, and subject to the approval of the City of Santa Ana and Caltrans, the applicant shall deposit its set fee into the TSIA JPA and pay its fair-share of construction costs for the following improvements at the intersection of Main Street at [-5 HOV ramps, I-5 northbound off-ramp and Edgewood Road: convert one westbound shared through/left-turn lane to one left-turn lane; convert one westbound right-turn lane to one shared through/right-turn lane; and modify the traffic signal phasing to provide a protected eastbound right-turn phase that is overlapped with the northbound left-turn phase. The recommended improvements shall be designed to meet Caltrans standards. The applicant's fair-share contribution is 14 percent of the construction costs. F: I PROJ-ENG1 City Place Sky Loftsl Final EIRI Findings-SOCI Findings-SOC. doc Page 20 January 23, 2009 75D-130 Ciry Place Slry Lofts Final Environmentallmpact Report Findings 4.2.11.4 Level of Significance of Impacts Related to 2030 Signalized Intersections at Caltrans Ramps The adverse impacts of the City Place Sky Lofts project related to the 2030 signalized intersections of SR 22 eastbound ramps/Lawson Way at Town & Country Road and Main Street at [-5 HOV ramps/I-5 northbound off-ramp/Edgewood Road will be mitigated to below a level of significance with the implementation of mitigation measures T-3 and T-4. 4.2.12 TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO THE TWO-BAY TRUCK LOADING AREA 4.2.12.1 Potentially Significant Adverse Impacts Related to the Two-Bay Truck Loading Area As described in Section 4.13 (Transportation and Traffic) of the EIR, for the two-bay truck loading area located at the northwestern corner of the building, the truck-turning analysis concluded that an inbound delivery truck would strike the proposed east curb as the delivery truck backs into the east loading bay. Also, an outbound delivery truck leaving from the west loading bay would strike the proposed west curb as it makes a northbound left turn and would require several turning maneuvers and direction changes to avoid striking the building west of the proposed project. 4.2.12.2 Finding Related to the Two-Bay Truck Loading Area Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.12.3 Facts in Support of the Finding Related to the Two-Bay Truck Loading Area Implementation of mitigation measures T-5, provided below, will reduce impacts to the two-bay truck loading area to below a level of significance. T-5 Prior to the issuance of building permits, the applicant shall increase the two-bay truck loading area's west and east curb radii to 25 feet and use the west loading bay primarily for delivery vans. 4.2.12.4 Level of Significance ofImpacts Related to Two-Bay Truck Loading Area The adverse impacts of the City Place Sky Lofts project related to the two-bay truck loading area will be mitigated to below a level of significance with implementation of mitigation measure T-5. 4.3 IMPACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the City Place Sky Lofts project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the City Place Sky Lofts project Which Cannot Be Mitigated to Below a Level of Significance) and 4.2 (Potentially Significant Adverse Impacts of the City Place Sky Lofts project Which Can Be Mitigated to Below a Level of Significance), above, no other potentially significant adverse project specific impacts of the proposed project are anticipated to occur. F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 2! January 23, 2009 75D-131 Ciry Place Sky Lofts Final Environmental Impact Report Findings An Initial Study (IS) was completed at the beginning of the environmental review process for the City Place Sky Lofts project, to identify those impacts that could be potentially significant and adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The Findings of the IS are summarized in Section 3.0 (Effects Found Not to be Significant) in the EIR. The EIR and IS determined, based on substantial evidence in the record, that the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 AESTHETICS Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to scenic vistas and scenic resources. As described in Section 4.2 (Aesthetics) in the EIR, the City Place Sky Lofts project will not substantially degrade the existing visual character of the site. Although impacts of the proposed project related to visual character are less than significant, mitigation measure AS-1 has been included to reduce potential visual impacts related to above-ground utilities. AS-1 All above-ground utilities shall, unless technically infeasible, be located within the 2.008-acre project site, and not on adjoining public right-of--way. The project applicant shall screen these utilities from the public right-of--way, and shall grant appropriate easements to the affected utility. This mitigation would apply to electricity, phone, cable TV, gas, and water utilities. 4.3.2 AGRICULTURE Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to agricultural resources. 4.3.3 AIR QUALITY Based on the analysis summarized in Section 3.0 (impacts Found Not to be Significant) and Section 4.3 (Air Quality) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to odors. Based on the analysis in Section 4.3 (Air Quality) in the EIR, the project will comply with regional plans and will not exceed AQMD thresholds for nitrogen dioxide (NOZ), carbon monoxide (CO) sulfur oxides (SOx), particulate matter (PM,o), and fine particulates (PM2.5) during construction or operation. A significant impact determination associated with global climate change of the proposed project was determined to be speculative because no adopted thresholds of significance currently exist for measuring the impact of global climate change on or from a project. However, mitigation measures AQ-7, AQ-8, AQ-9 and AQ-10, provided below, have been included to reduce project emissions that could contribute to global warming. F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 22 January 23, 2009 75D-132 City Place Sky Lofts Final Environmental Impact Report Findings AQ-7 All appliances installed as part of the project shall be energy efficient appliances (i.e., washer/dryers, refrigerators, stoves, etc.). AQ-8 The project applicant will install ozone destruction catalysts on all air conditioning units. AQ-9 The proposed project will not include wood burning fireplaces. AQ-10 The project will exceed by 20% requirements of the Energy Efficiency Standards of Title 24 of the California Code of Regulations. Prior to approval of a building permit the project applicant will provide documentation to the City Building Official of compliance with this measure. 4.3.4 BIOLOGICAL RESOURCES Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to biological resources, threatened and endangered species, wetlands, local policies or ordinances protecting biological reso~u•ces, or habitat conservation plans. 4.3.5 CULTURAL RESOURCES Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to historic resources. 4.3.6 GEOLOGY Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to rupture of a known earthquake fault, landslides, or the use of septic tanks or alternative wastewater disposal systems. As discussed in Section 4.5 (Geology and Soils) of the EIR, impacts of the City Place Sky Lofts project related to the seismic hazards of liquefaction, landslides, lateral spreading, and expansive soils would be less than significant. 4.3.7 HAZARDS AND HAZARDOUS MATERIALS Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to transport or disposal of hazardous materials, documented hazardous materials or hazardous substances sites, use or emission of hazardous materials within one-quarter mile of existing schools, use of hazardous materials during construction and operations, or exposure of people to wildland fires. As discussed in Section 4.6 (Hazards and Hazardous Materials) in the EIR, the jet fuel line that runs along the south side of Memory Lane, approximately one-half block south of the project site, would not result in a significant adverse impact related to hazards or hazardous materials. As discussed in Section 4.6 (Hazards and Hazardous Materials) in the EIR, the City of Santa Ana has no adopted emergency evacuation plans. Therefore, impacts related to emergency response plans would be less than significant. F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 23 Januarv 23, 2009 75D-133 City Place Sky Lofts Final Environmental 4.3.8 HYDROLOGY AND WATER QUALITY Findings Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to groundwater recharge and natural water bodies, or exposure to flood risk There would be no impact related to placement of housing or structures within the 100-year floodplain, or inundation by seiche, tsunami, or mudflow. The Hydrology Report provided in Appendix F of the Draft EIR identified that existing off-site drainage facilities would have adequate capacity to accommodate storm water runoff generated from implementation of the proposed project. Therefore, impacts related to on- or off-site flooding and capacity of existing storm water drainage systems related to implementation of the proposed project would be less than significant. However, mitigation measures W-1 and W-2 would ensure that planned drainage facilities would be approved by the City and installed prior to issuance of permits. W-1 Prior to issuance of grading permits, the applicant shall submit a Final drainage plan identifying the exact size and location of drainage facilities. W-2 The applicant shall construct facilities on the project site to transport storm water from the site to the City's/County's drainage facilities. All such facilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of permits. 4.3.9 LAND USE AND PLANNING Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to division of an established comm~mity or conflict with a habitat conservation plan or natural community conservation plan. As described in Section 4.8 (Land Use and Planning) of the EIR, impacts of the proposed project related to land use plans and policies would be less than significant. 4.3.10 MINERAL RESOURCES Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) in the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to mineral resources. No mitigation is required. 4.3.11 NOISE Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not expose people residing or working in the project area to excessive noise levels. According to the Orange County AELUP for John Wayne Airport, the project site is not impacted by aircraft noise that would exceed State or local noise standards. 4.3.12 POPULATION AND HOUSING Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to the displacement of existing residential uses or people. F: IPROJ-ENVICiry Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 24 January 23, 2009 75D-134 City Place Sky Lofts Final Environmental Impact Report Findings As discussed in Section 4.10 (Population and Housing) of the EIR, direct and indirect impacts related to population growth associated with implementation of the project would be less than significant. 4.3.13 PUBLIC SERVICES As discussed in Section 4.11 (Public Services) of the EIR, impacts related to public services associated with implementation of the proposed project would be less than significant. However, mitigation measure P-1 is included to ensure that coordination with the Santa Ana Police Department is maintained and security measures are incorporated into the project design and construction. Mitigation measure P-2 is included to ensure the timing of payment of school fees. P-1 Prior to the issuance of permits, the applicant shall coordinate with the City Police Department to prepare a Security Plan for the residential components of the project. This Plan shall be subject to the review and approval of the Police Department. The Plan shall address concerns related to visibility and adequate emergency access. Recommendations resulting from the project review by the City Police Department would be incorporated into the project. P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment of development fees to Orange Unified School District. 4.3.14 TRANSPORTATION AND TRAFFIC Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to air traffic patterns or air traffic levels that would result in an increase in safety risks. Aviation requirements are described under Section 4.2.6 of this Findings and Facts Report. As described in Section 4.13 (Transportation and Traffic) of the EIR, implementation of the proposed project would not create a significant adverse parking impact if the proposed project were to provide five additional handicapped parking spaces in the tenant parking lot. However, the current SD-59 would be amended to incorporate an updated parking requirement that would reflect the proposed project parking ratios. 4.3.1 ~ UTILITIES AND SERVICE SYSTEMS As described in Section 4.14 (Utilities and Service Systems) of the EIR, the City Place Sky Lofts project will result in increased demand for electricity, natural gas, communications systems, and domestic water, and will result in increased generation of waste water and solid waste, compared to existing conditions on the project site. This increased demand/generation will be within the capability of the individual utility providers. Although there are no significant adverse impacts to utilities and service systems, the following mitigation measures are included to ensure that coordination with public utility providers are maintained. U-1 The applicant shall coordinate with the utility companies serving the site to establish service connections prior to construction. F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 25 January 23, 2009 75D-135 Ciry Place Sky Lofts Fina[ Environmental Impact Report Findings U-2 Any pre-existing underground utilities at the site shall be located prior to construction and abandoned or removed in accordance with state and local codes and regulations. Any utility trenches shall be backfilled under the observation and testing of the resident engineer or inspector. U-3 The applicant shall pay its fair share of necessary telephone improvements including a main conduit structure to bring lines into the project site. Coordination with AT&T and/or Time Warner during the development stage would facilitate service connection. 5.0 MITIGATION MONITORING AND REPORTING PROGRAM When making Findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval in order to ensure compliance during project implementation. The MMRP for the City Place Sky Lofts project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final E[R. The MMRP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMRP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation of the project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMRP. The City adopts the MMRP for the City Place Sky Lofts project. The MMRP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMRP is hereby adopted and its implementation is made a condition of approval of the City Place Sky Lofts project. The City approves and will implement all the mitigation measures in the Final EIR. 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the E[R, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. The City of Santa Ana selected the alternatives discussed below for a variety of reasons. The goal for evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. F. IPROD-ENGICity Place Sky LoftslFinal ElRlFindings-SOCIFindings-SOC.doc Page 26 January 23, 2009 75D-136 City Place Sky Lofts Final Environmentallmpact Report Findings 6.1 ALTERNATIVES CONSIDERED BUT REJECTED 6.1.1 ALTERNATIVE SITE FOR THE PROPOSED PROJECT The EIR does not analyze an alternative site for the City Place Sky Lofts project because the applicant does not own or control another suitable property in the City of Santa Ana. The City Place Sky Lofts project would generate approximately the same traffic and air quality emissions at any other location in the City, to the same or greater extent than at the proposed site. Therefore, locating the City Place Sky Lofts project at another site in the City would essentially shift the project's adverse impacts to that other location, but would not be expected to avoid or substantially reduce those impacts. However, it should be noted that the traffic impacts which occur in the City of Orange under the City Place Sky Lofts project could possibly be located to an area entirely within the City of Santa Ana if an alternative project site were considered, but the level of impact would remain comparable. As a result, an alternative site for the proposed project was not evaluated in the Draft EIR. 6.2 NO PROJECT ALTERNATIVES 6.2.1 NO PROJECT/EXISTING CONDITIONS ALTERNATIVE This No Project Alternative assumes that the existing 2.008-acre project site remains as is and that no development occurs on the site. With this Alternative, the site would remain vacant and no residential or commercial uses would be developed. Table 9-1 from the Draft EIR, on the following page, indicates that the No Project/Existing Conditions Alternative would not meet any of the objectives for the City Place Sky Lofts project. 6.2.2 NO PROJECT/EXISTING ENTITLEMENT ALTERNATIVE This No Project Alternative assumes that the 2.008-acre project site would be developed consistent with the existing approved entitlements for the project site per SD-59. The existing entitlements would allow for one dwelling unit per acre. This No Project Alternative would result in two additional housing units and would result in a substantially lower land use density on the project site than the proposed project that consists of 353 residential dwelling units. However, this No Project Alternative would not meet the objectives for the City Place Sky Lofts project. 6.3 TOWN HOME ALTERNATIVE The Town Home Alternative consists of 57 town homes on the project site. This alternative is the same design as proposed for the site in the original City Place project in 2004. However, only two dwelling units were entitled for the site. This Alternative would reduce the development on the project site by 296 residential dwelling units compared to the City Place Sky Lofts project. This Town Home Alternative would meet all but one of the project objectives. This Alternative would provide 296 fewer dwelling units than the proposed project, and therefore would not meet the project objective to maximize residential density on the site. 6.4 COMPARISON OF IMPACTS Table 9-1 in the EIR, provided below, compares the unavoidable adverse impacts of the City Place Sky Lofts project and the No Project/Existing Conditions, No Project/Existing Entitlement and Town Home Alternatives. F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 27 January 23, 2009 75D-137 City Place Sky Lofts Final Environmentallmpact Report Findings TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT AND THE PROJECT ALTERNATIVES IMPACT PROPOSED CITY NO PROJECT/ NO PROJECT/ TOWN HOME CATEGORY PLACE SKY LOFTS EXISTING EXISTING ALTERNATIVE PROJECT CONDITIONS ENTITLEMENT Aesthetics Significant adverse No impact. Impacts to aesthetics Impacts to impact due to building would be below a aesthetics would be shadow upon residential level of significance below a level of uses east of Lawson and would be significance and Way and southeast of substantially less than would be less than Memory Lane during the proposed project. the proposed late afternoon and early project. evening of spring and summer months. Air Quality Unavoidable adverse No impact. Impacts to air quality Impacts to air impact of ROG would be below a quality would be emissions during the level of significance below a level of proposed project and would be significance and operational phase. substantially less than would be less than the proposed project. the proposed project. Cultural Impacts to cultural No impact. Impacts to cultural Similar as under the Resources resources would be resources would be proposed project; below a level of below a level of however, the significance with significance with potential for implementation of mitigation. However, encountering mitigation measures. impacts would be less subsurface materials than the proposed would be less than project. the proposed roj ect. Geology and Impacts to geology and No impact. Impacts to geology Similar impacts as Soils soils would be below a and soils would be under the proposed level of significance below a level of project; however, with implementation of significance with impacts would be mitigation measures. mitigation. However, less than the the potential for proposed project. differential settlement would be less than the proposed project. Hazardous The potential impacts of No impact. The potential impacts Similar impacts as Materials the proposed project related to the under the proposed related to the abandoned jet fuel project. abandoned jet fuel line line would be below a would be below a level level of significance of significance. and would be the same as the proposed project. F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 28 Janz~ary 23, 2009 75D-138 City Place Slcy Lofts Final Environmental Impact Report Findings TABLE 9-I COMPARISON OF THE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT AND THE PROJECT ALTERNATIVES LMPACT PROPOSED CITY NO PROJECT/ NO PROJECT/ TOWN HOME CATEGORY PLACE SKY LOFTS EXISTING EXISTING ALTERNATIVE PROJECT CONDITIONS ENTITLEMENT Hydrology and Impacts to hydrology No impact. Impacts to hydrology Similar impacts as Water Quality and water duality would and water quality under the proposed be below a level of would be below a project; however, significance with level of significance impacts would be implementation of with implementation less than the mitigation measures. of mitigation and proposed project. would be the same as the proposed project. Land Use Impacts related to land No impact. Impacts related to Impacts related to use would be below a land use would be land use would be level of significance. below a level of below a level of significance and significance and would be similar to would be similar to the proposed project. the proposed project. Noise hnpacts related to noise No impact. Impacts related to Similar impacts as would be below a level noise would be below under the proposed of significance with a level of significance project; however, implementation of with implementation impacts would be mitigation measures. of mitigation less than the measures and would proposed project. be substantially less than the proposed roject. Population and Impacts related to No impact. Impacts related to ~ Similar impacts as Housing population and housing population and under the proposed would be below a level housing would be project; however, of significance. below a level of impacts would be significance and less than the would be proposed project. substantially less than the proposed project. Public Services Impacts to public No impact. Impacts related to Similar impacts as services would be public services would under the proposed below a level of be below a level of project; however, significance. significance and impacts would be would be less than the substantially less than proposed project. the proposed project. Recreation Impacts to recreation No impact. Impacts related to Similar impacts as would be below a level public services would under the proposed of significance with be below a level of project; however, implementation of significance with impacts would be mitigation measures. mitigation and would less than the be substantially less proposed project. than the proposed project. F: IPROJ-ENhICiry Place SkyLoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 29 Januarv 23, 200> 75D-139 City Place Sly Lofts Final Environmental Impact Report Findings TABLE 9-I COMPARISON OF THE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT AND THE PROJECT ALTERNATIVES IMPACT CATEGORY PROPOSED CITY PLACE SKY LOFTS PROJECT NO PROJECT/ EXISTING CONDITIONS NO PROJECT/ EXISTING ENTITLEMENT TOWN HOME ALTERNATIVE Transportation A temporary significant No impact. Potential short-term Impacts to and Traffic and unavoidable impacts to transportation and adverse impact to Main transportation and traffic would be Street between La Veta traffic would be below a level of Avenue and Town & below a level of significance and Country Road until significance and would be less than Bristol Street and Grand would be the proposed Avenue is built out to substantially less than project. the MPAH the proposed project. designations. Other impacts to transportation and traffic would be below a level of significance with implementation of miti ation measures. Utilities and Impacts to utilities and No Impact. Impacts related to Similar impacts as Service service systems would utilities and service under the proposed Systems be below a level of systems would be project; however, significance with below a level of impacts would be implementation of significance and less than the mitigation measures. would be proposed project. substantially less than the pro osed roject. The proposed project meets all the defined project objectives. The Town Home Alternative meets all but one of the project objectives. Both the No Project Alternatives fail to meet any of the defined project objectives. However, the No Project/Existing Conditions Alternative does avoid all the significant adverse impacts of the proposed project and other project alternatives because site conditions would remain as they currently exist. Although the No Project/Existing Entitlements Alternative fails to meet any of the defined project objectives, the impacts of this Alternative would be substantially less than the impacts under the proposed project. This is because this Alternative would result in a substantial reduction of development on the project site. Therefore, this Alternative would eliminate the significant unavoidable adverse impacts associated with the proposed project and would result in substantially less impacts than under the proposed project. 6.5 ENVIRONMENTALLY SUPERIOR ALTERNATIVE Section 15 ] 26.6(e)(2) of the CEQA Guidelines requires that an EIR identify the environmentally superior alternative. if the No Project Alternative is the environmentally superior alternative, the EIR must identify an environmentally superior alternative among the remaining alternatives. As shown in Table 9-1, the proposed project is anticipated to result in significant unavoidable adverse impacts related to: F.~ iPROJ-GNVICiry Place Sky LoftslFinal EIRI Findings-SOCIFindings-SOC.doc Page 30 January 23, 2009 75D-140 City Place Sky Lofts Final Environmental Impact Report Findings • Aesthetics • Air Quality • Traffic The No Project/Existing Conditions Alternative is not anticipated to result in any significant unavoidable adverse impacts because it does not propose any development on the project site. The No Project/Existing Entitlement Alternative is not anticipated to result in any significant unavoidable adverse impacts, and impacts would be substantially less than under the proposed project because of the substantially reduced amount of development on the project site under this Alternative. The Town Home Alternative would result in less-than-significant impacts except for potential short-term traffic impacts. All impacts of the Town Home Alternative would be less than under the proposed project because this Alternative would result in less intense development on the project site. As shown in Table 9-1, because the No Project/Existing Conditions Alternative and No Project/Existing Entitlement Alternative do not result in any significant unavoidable adverse impacts and would result in even less impacts than the Town Home Alternative, they are the environmentally superior alternatives. CEQA requires the identification of an additional feasible environmentally superior alternative when the No Project Alternative is determined to be the environmentally superior alternative. Many of the environmental impacts of the proposed project and the project Alternatives are directly related to the size or intensity of the development and, in general, projects of higher intensity will generally result in more adverse impacts compared to alternatives of a lower intensity. As shown in Table 9-1, the Town Home Alternative would result in fewer significant unavoidable adverse impacts than the proposed project. Therefore, of the build alternatives, the Town Home Alternative is the environmentally superior alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City of Santa Ana has balanced the benefits of the City Place Sky Lofts project against its unavoidable adverse environmental impacts in determining that the specific economic, legal, social, technological, and/or other benefits outweigh the unavoidable significant adverse environmental impacts of the project. Section 15093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant adverse impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to support its actions based on the Final E[R and/or other information in the record. The reasons set forth below are based on the Final EIR and other information in the record. Based on the substantial evidence in the record, including but not limited to the Final E[R, the City finds that the benefits of the City Place Sky Lofts project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is determined to be, unto itself and independent of other project benefits, a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to aesthetics, air quality, and traffic are: 1. The project would allow the City to achieve the objectives and to avoid or minimize significant adverse environmental impacts to the extent feasible. The project will: F: I PROD-ENVI City Place Sky Loftsl Final EIRI Findings-SOCI Findings-SOC. doc Page 31 January 23, 2009 75D-141 City Place Sky Lofts Final Environmental Impact Report Findings • Develop the City Place as a commercial and residential center that provides entertainment, shopping, dining, and living opportunities for the residents of Santa Ana and surrounding area, and that maximizes the advantages of the site location on Main Street in terms of its visibility and proximity to SR 22. • Develop the vacant project site with land uses to help meet the residential needs in the northeastern part of the City of Santa Ana. • Provide development that is consistent with the District Center designation of the General Plan and which contributes to the continued revitalization of the northeastern area of the City of Santa Ana. • Provide concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods. Introduce a mixture of multi-family housing types to the district. • Maximize the residential density of the vacant site in City Place to support the purpose of the General Plan designation of District Center, which is intended for high intensity development. 2. The project would be consistent with existing development in the area which reflects an urban environment preserving the aesthetic qualities of the City and helping to make the area a source of pride to people living and working in Santa Ana and for visitors to the City. 3. Furthermore, there are no alternative sites in the City that are suitable for this project, as described in the Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or eliminate the significant unavoidable adverse impacts of the proposed project related to aesthetics, air quality, and traffic. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the City Place Sky Lofts project related to aesthetics, air quality, and traffic are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents included in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY 1. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made one or more of the following Findings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: F: IPROJ-ENVICity Place Sky LoftslFinal EIRIFindings-SOCIFindings-SOC.doc Page 32 January 23, 2009 75D-142 City Place Sky Lofts Final Environmental Impact Report Findings Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. 10.0 APPROVALS The City hereby takes the following actions: 1. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project, and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in Section 2.0 (Findings) above and Section 4.0 (Project Impacts and Disposition of Related Mitigation Measures in the Final EIR) above. 3. The City hereby adopts the Mitigation Monitoring and Reporting Program, accompanying the Final EIR and discussed in the Section 5.0 (Mitigation Monitoring and Reporting Program) above. 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set forth herein), the City hereby approves the City Place Sky Lofts project, as described in the Final EIR, including the site approval and design. F: l PROD-ENl~I City Place Sky L offs I Final EIR IFnndings-SOCI Findings-SOC. doc Page 33 .January 23, 2009 75D-143 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT DISTRICT (SD-59) 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 various entitlements in order to construct Sky Lofts, the final portion of the City Place Development located at 301 East Jeanette Lane. The Sky Lofts proposed project consists of a high rise tower, stacked townhomes and a parking structure on an approximately two acre site. The residential segment will provide 333 condominium units within the tower and 20 stacked townhouses wrapping one-side of the 729-space parking garage. B. After continuing the matter following a noticed public hearing, at its regular meeting of January 12, 2009, the Planning Commission voted by a vote of vote of 5:1:1 (Yrarrazaval opposed, Turner abstained) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04. 3. Adopt a resolution approving an amendment to Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2008-05. C. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for Sky Lofts proposed project at City Place Development on February 2, 2008, and at that time considered all testimony, written and oral. D. Amendment Application No. 2008-04 has been filed with the City of Santa Ana to amend Specific Development Plan No. 59 (SD-59). 75D-144 Section 2. Specific Development Plan No. 59 (SD-59) is hereby amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. (ZOA 2008-04). Additions from the current SD-59 are shown on Exhibit A as underlined and deletions as strikeout. Section 3. This ordinance shall not be effective unless and until Resolution No. 2008-XXX and Resolution No. 2008-XXX become effective. If said resolutions are 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 ordinance shall be null and void and have no further force and effect. 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 , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers 75D-145 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-XXXX 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 75D-146 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. PURPOSE The Specific Development No. 59 (SD-59) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles and promoting and enhancing the value of properties and encourage orderly development. The SD-59 regulations will establish a professional district that will entitle 57,700 square feet of commercial space at the northeast corner of Main Street and Memory Lane with X8-7 540 for sale residential units further to Lawson Way. This area will be a mixed use district with eating establishments, support services and a residential component consisting of live-work3 i~ townhouse units and high rise tower. EXHIBIT A 75D-147 PART I. GOALS, OBJECTIVES AND POLICIES City Place Specific Development District is located within the northern area of the City. The City Place Specific Development District encompasses a large vacant property bounded by Main Street to the west, Memory Lane to the south, Lawson Way to the east and the City boundaries to the north. A regional mall, professional offices, a senior care facility and Santiago Park surround the project site. The City Place Specific Development District maintains a commercial corridor along Main Street while introducing a residential character along the eastern portion of the district, with a mixture of live-work1 a~ townhome ~ and high rise tower. The City Place mixed-use project is intended to be an addition to the commercial corridor and an infusion of housing to the district along the north Main Street section of the City. In addition, the mixed use plan for this site will result in the project becoming a node, or place of activity. The objectives of the City Place Specific Development Plan includes the provision of the following: A long-term development that is of the highest architectural quality and design; 2. A landscaping plan that is complementary to a large scale mixed use development; 3. An exciting and visually cohesive development as viewed both internally and externally; 4. A bold but integrated sign program suitable for a mixed use project of this scale and scope; A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan; 6. Concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods; 7. A development that provides special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character; 2 75D-148 8. Provision ofoff-street parking sufficient to service the development, consistent with the mix of uses contained in the project; 9. Provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary; a~ 10. Opportunities for cultural amenities and facilities serving the visual and performing arts which are open for public patronage..-i 11. A landmark mixed-use project along north Main Street across from Main Place Mall.-; 12. Maintain the existing streetscape pattern including sidewalk design, mature trees and light fixtures..-i 13. Introduce a mixture ofmulti-family housing types to the district-2 14. Provide amixed-use project in scale and character with established commercial and residential structures along the north end of the district.-; and 15. Enhance the pedestrian experience through the development of new plaza areas and water features throughout the project as well as the intersection of Main Street and Memory Lane. 3 75D-149 PART II. PERMITTED LAND USES The categories of land uses to be included within the project area are: banks and similar financial institutions, retail and restaurants. In addition multi-family residential uses (excluding live-work units) are permitted. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Planning Commission whose decision is final. Permitted Uses. a. Within Buildings A, B, C and D (as identified on site plan), the following uses are permitted: b. Retail sales uses including but not limited to clothing stores or boutiques; florists; news-stands; pet stores; photography studios; video stores; office and computer equipment book and stationery store; camera shop; shoe store sporting goods store; art gallery; craft store; cultural displays and related merchandising; bicycle store; pharmacies and drug stores; fabric shops; jewelry shops; furriers, design and furniture centers; cookware and gourmet specialty shop; office furniture store. Full service cafes and restaurants which may include incidental take out service. Full service cafes and restaurants shall be limited to those that provide sit-down dining areas and exclusive table service for ordering and delivering meals and beverages. d. Day care facilities e. Museums and libraries f. Theaters g. Within Building E, as identified on site plan: i. Retail use with a minimum of 25,000 square feet. h. Within the Courtyards and The Park, as identified on site plan: i. Multiple family residences as condominiums. 4 75D-150 ii. Uses incidental or ancillary to any residential use, such as swimming pool, sauna, Jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. i. Within The Lofts, as identified on site plan: i. Permitted uses as identified in Section A. 1-5, 8, 9 and 11. ii. Uses incidental or ancillary to any residential use, such as swimming pool, sauna, Jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. j. Within Lot 1, as identified on Vesting Tract Map No. 2004-06 (County No. 16565): Single family residences at a maximum density of one unit per acre. k. Ancillary uses to commercial area: A maximum of five permanent outdoor sales kiosks or carts. The size and location of each Kiosk or cart shall be approved on a masterplan of such uses by the Planning Commission prior to their construction or installation. 2. Conditionally Permitted Uses The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal code: a. Within Buildings A, B, C and D (as identified on site plan): i. Uses open between midnight to 5:00 a.m. ii. Banquet facilities, subject to development and operational standards set forth in 41-199.1. iii. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use, except adult entertainment businesses. iv. Establishments selling or serving alcoholic beverages. v. Coffee houses houses or similar uses not specifically listed in Part II, Section l .d. of this ordinance. 5 75D-151 vi. Parking structures b. Within The Lofts, as identified on site plan: i. Live-work communities ii. Ceramic and pottery studios iii. Glass blowing and sculpturing studios iv. Coffee houses v. Temporary residential model complex and office c. Within The Courtyards and The Park, as identified on site plan: i. Temporary residential model complex and office d. Within Lot 1, as identified on Vesting Tract Map No 2008 04 (County No. 17242) i. High rise residential condominiums to a maximum of 333 dwelling units. ii. Stacked townhomes condominiums to a maximum of 20 dwellin units. de. Within Building E, as identified on site plan: i. Retail grocery markets which are open at any time between the hours of midnight and 5:00 a.m. ef. Within the commercial component area: i. Certified Farmers Market for the sale of vegetables, fruits and other agricultural products on weekends and holidays only from 6 a.m. to 2 p.m. ii. Community oriented live performance theater. 3. Uses Not Permitted a. Schools, private or public. b. Medical office or clinics. 6 75D-152 Commercial uses with vehicular dive-through lanes or windows (i.e. drive-through restaurants, pharmacy or similar uses) are prohibited. d. Fast food or exclusively take-out restaurants. e. All other uses not expressly permitted or conditionally permitted in this ordinance 7 75D-153 PART III. DEVELOPMENT STANDARDS The City Place Specific Development District is intended to allow the development of a mixed-use project maintaining a commercial presence along Main Street, while introducing a mixture of multiple family housing to the eastern portion of the development site. The following general development standards are applicable to this project: A. Floor Area Ratio/Density. The following sets forth the maximum allowable floor areas for the various permitted use classifications of the project. The overall Floor Area Ratio ("FAR") of the Main Street Concourse project of approximately 2.54. This FAR represents the maximum intensity of development for the site. Floor Area Ratio (F.A.R.) The maximum floor area ratio for the project site shall be 2.54. The FAR is calculated by dividing the total square footage of the structures by the total square footage of the project site. Consistent with the General Plan, parking structures are not included in the FAR calculation. 2. Parcel Size The City Place development project site is 17.7 acres. Subdivision of the parcel shall be consistent with Vesting Tract Map No. 2004-06 (County No. 16565). In no case shall commercial buildable parcels be less than 6 acres in size and residential buildable parcels be less than 2 acres in size. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking A. As a mixed-use development, the Specific Development standards recognize the opportunity to share parking amongst the mixture of commercial uses. In addition the SD 59 acknowledges that the mix and proximity of residential units and commercial space allows for the opportunity for a variety of transportation modes, primarily walking as an alternative. As such, the following parking is required: 8 75D-154 a. Parking has been calculated utilizing the Urban Land Institute methodology for shared parking. As such, the following square footage can be utilized within the commercial area of the City Place development project: For the first 23,300 square feet of restaurant, 33,800 square feet of retail, the parking requirement shall be 410 parking spaces. ii. Any additional development above item 4A.a. i. shall be parked pursuant to the City's parking standards then in effect. b. Residential High Rise Parking i. One, two and three bedroom units shall provide two parking spaces per unit ii. Studio units shall provide one parking space er unit. iii. In addition to items 4 b i and ii 70 parking spaces or an additional 10.5% whichever is greater shall be provided. hc. Parking Setbacks Internal Loop Road: The minimum required setback for the parking area is 15 feet as measured from edge of sidewalk. sd. Screening All appurtenances shall be located outside any required setback and shall be screened from view. de. Landscaping: i. Landscaping throughout the project shall be in compliance with the landscape plan attached. 9 75D-155 ii. The landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. Open Space a. A minimum ground level open space shall be provided at a minimum rate of 60 square feet per unit. This ground level open space shall be centrally located on the site to provide access to all units. Private open space shall be provided at a minimum rate of 50 square feet per unit. b. For a high rise tower common open space with a minimum of 35,109 sauare feet. Such open space shall provide at minimum the following• pool spa fireplace seat walls tables chairs chaise lounges as well as mature landscaping_ 6. Signage a. All signage shall comply with the Santa Ana Municipal Code. b. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics, shall be submitted to and be approved by the Planning Division. 7. Plaza and Fountain Design a. The overall plaza design theme shall incorporate a minimum of 6 major pedestrian-level water features within the commercial component and 7 pedestrian level water features elements within the residential component. b. The plaza landscape palette must include a minimum of four (4) tree species, to be approved by the Landscape Development Associate prior to the issuance of any building permit. The minimum established size for palm trees shall be 30 feet brown trunk height. Non-palm tree species shall be a minimum of 20 feet in height and 60-inch box. 10 75D-156 Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission ° °*°~ ~ „*~~~ T*°~ ~.° °~' d. Plazas shall incorporate seating, benches and landscaping to provide visual interest and additional amenities within the plaza. e. Pedestrian amenities shall be provided such as lighting, planters, unit pavers, and bicycle racks. f. The color and appearance of the plaza furniture products and other elements must complement the overall plaza design and building architecture. g. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. h. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other project furnishings. i. Bike racks shall be provided at key activity locations within the plaza. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. k. Soft as well as hard surfaced areas shall be incorporated into the Plaza area. Plaza area paving shall consist of quality decorative elements. 1. Lighting height in the plaza area should be at a pedestrian scale. A range between 16 feet and 22 feet in the plaza area should be fully illuminated from dusk until dawn. The overall lighting shall be maintained at one-foot candle and incorporate other pedestrian-oriented lights, such as lighted bollards. Uplighting of trees and other site features is also required. m. The required plaza area shall include adequate provisions for the on-going maintenance of all plaza and pedestrian improvements. 11 75D-157 n. Plans shall include design details, materials and provisions for the on-going maintenance for all interior public areas within the plaza area. 8. Public Art a. Public art valued at one half of one percent of the overall project construction valuation is required. The cost of any water feature or portion thereof shall not be included for purposes of complying with the public art requirement. Public art may be comprised of multiple art pieces, however, at least one such art piece shall be placed at the northeast corner of the project site adjacent to Main Street and Memory Lane. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission for review and approval prior to issuance of any certificate of occupancy. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed prior to the issuance of any certificates of occupancy for the project. b. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. c. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. d. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. e. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. f. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 12 75D-158 B. CC&Rs. Reciprocal easements and Conditions, Covenants, and Restrictions (CC&RS) tying the overall project together as an integrated development and providing for joint access, ingress, egress, drainage, property maintenance standards, trash pick-up operations, circulation and parking management shall be recorded with the first final map prior to for the first phase of development. The residential and non-residential portions may be described in separate sections but they must be tied together by a single master document. The Master CC&R's shall address trash and reciprocal use rights in the residential and commercial components. C. Building Height. On any lot or portion of a lot, except Lot 1 of Vesting Tentative Tract Map No. 2008-04 (Count~ap No 17242 in of the Specific Development Plan area no building or structure shall exceed 50 feet in height, as measured from the lowest adjacent finished grade. 2. On Lot 1 of Vestin Tract Ma No. 2008-04 Coun Ma No. 172421 no building or structure shall exceed 366 feet in hei ht as measured from the lowest adiacent rg ade. D. Setbacks. Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. Except as otherwise indicated, all setbacks shall be measured from the street side property line to the first building element or structure. No building, structure, or parking facility shall encroach into any required perimeter setback either at or below grade. For the purpose of this Plan, a street side property line is that line created by the ultimate right-of--way line of the adjoining public street. Minimum setbacks are as follows: a. Main Street (perimeter): The average building setback shall be 19.5 feet. The minimum setback shall be 8 feet. This setback area may include hardscape as shown on the approved site plan. b. Lawson Way (perimeter): The average building setback shall be 18 feet. The minimum setback shall be 7 feet. 13 75D-159 Memory Lane (perimeter): The average building setback shall be 11 feet 8 inches. The minimum setback shall be 3 feet 4 inches. Hardscape, landscape and water features shall be provided in the required setback as shown on the approved site plan. d. City Place ~~~ Drive (interior street set backs): The minimum setback shall be 15 feet measured from street curb. e. Jeanette Lane (interior street setback): The minimum setback shall be 13 feet measured from street curb. 2. Required on-site perimeter landscaped setbacks shall not exceed an aggregate 33% slope. 3. Within the interior of the project, retail canopies may project five (5) feet into setback area. E. Site Coverage And Open Space. 1. For purposes of this Section ~, open space shall not include private streets or driveways, roadways or parking stalls. Open space does include landscaping, walkways, and covered arcades. 2. Residential open space may be private common area or private yard but shall in no event include any space provided in required setback areas. The CC&Rs shall require that all residents be allowed access to all residential common areas in the project, subject to reasonable restrictions as may be imposed for security and safety by property management. No required setback area shall be calculated as required open space. 3. Individual parcels or lots will not be limited in site coverage. Each parcel shall have a minimum 120 feet of street frontage. 4. Single family attached residential shall provide a minimum of 50 square feet of ground level private yard open space per unit, which open space shall be adjacent to the living, dining or kitchen area of each unit. Perimeter fence shall be provided and shall not exceed five feet in height on the exterior and 42 inches on the interior. Condominium units shall contain a balcony with dimensions not less than six feet in any direction of private open space area. 14 75D-160 6. Pathways from the common area through the private yard open space shall not be included in the calculation of private open space area. F. Parking. 1. Vehicular site access points will be provided from Lawson Way, Main Street, ~ Memory Lane and from Jeanette Lane, as defined on the site plan. 2. There shall be no sharing of residential parking. 3. Parking gate locations and stacking distances shall comply with applicable Department of Public Works policies. 4. No partitions, walls or other obstructions shall be built or placed with the garages preventing the spaces from being used by residents for the parking of vehicles. 5. Recreational vehicle, boats, trailers or similar storage is prohibited on-site. 6. The townhouses shall be designed with vertical roll-up garage doors, where applicable. 7. All paved areas shall be sloped to drain. Finished slope of areas paved with asphalt concrete (AC) shall be not less than one percent. Finished slope of areas paved with portland concrete cement (PCC) shall not be less than one-half of one percent. Portland Cement concrete gutters shall be installed to receive drainage from asphalt concrete paved areas; such gutters shall be not less than three feet in width. Residential parking is calculated separate from commercial designated parking and no provision is made for shared parking consideration. 9. All parking areas shall be surfaced with material so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such an area is likely to be subjected as follows: a. Covered Parking Areas -Passenger vehicle parking areas within or under building shall be paved with Portland Cement Concrete with a minimum compressive strength of 2,000 p.s.i. 15 75D-161 b. Open Parking Areas -Parking areas other than those within a building may be paved with asphalt concrete. Asphalt concrete pavement shall be a minimum thickness of three and one-half for passenger vehicle parking areas. Thickness of asphalt concrete may be reduced to a minimum thickness of two inches for passenger vehicle only traffic, provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches. c. Surfacing, Parking or Drive Aisles -All off-street parking, vehicle maneuvering areas, turn-around areas, driveways, and private streets, shall be surfaced, and thereafter maintained with Portland Cement Concrete poured to a minimum thickness of 5'/z inches. 10. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse. Concentrated flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. 11. All parking areas shall be maintained in a safe and sanitary condition free of dust, mud, or trash, and shall be kept in good repair. Any alteration, enlargement, maintenance or repairs shall be pursuant to the aforementioned standards. 12. All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stall. Such striping shall be maintained in a clear, visible and orderly manner. G. Loading Areas. Entrances and exits to loading facilities should be limited in number and shall not interfere with the flow of traffic along the perimeter streets. 2. Loading areas should be located so as to minimize potential for intrusion into residential portions of the project and adjacent neighborhoods while allowing for efficient utilization by commercial users. 3. Loading areas shall be located and designed to minimize direct exposure to public view. These areas shall be screened with landscaping and walls to reduce visual impacts. 16 75D-162 4. Loading areas shall be visibly separated from public entrances and parking areas. Loading stalls shall be designed to not interfere with circulation or parking, and to permit trucks to fully maneuver on the property without backing up from or onto a public street. 6. Loading areas shall be graded to drain surface water to an alley, street or public storm drain. Surface water shall be conducted under any intervening public sidewalk by a drain approved by the Public Works Department and in accordance with a valid NSDES Permit. Under no circumstances shall surface water be allowed to collect in pedestrian areas. 7. The surface area used for any loading activity shall be paved with not less than 4 inches of asphaltic concrete on 8 inches of crushed rock base, or with 5 '/z inches of Portland concrete cement. Soil conditions or the nature of the trucking activity may necessitate greater requirements as determined by the Division of Building and Safety and a soils report prepared by a licensed soils engineer. 8. Each loading space aligned with and directly adjacent to a parking space shall be clearly designated, "LOADING ONLY." 9. At a minimum, separate loading areas shall be designated on the approved site plan or any modification thereto, for each adjacent retail shops/restaurants. 10. A loading areas for the project shall be able to accommodate a 55 foot semi-trailer for the Building E. H. Storage Areas/Mechanical Equipment. All mechanical equipment shall be screened below parapets and situated to minimize visual impacts. 2. No outdoor storage shall be permitted. There shall be no exposed television, ham radio, dish or other antenna. I. Refuse Collection Area. A refuse collection area shall be located at each loading dock per approved site plan. 17 75D-163 2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen or by rolldown screened doors, or by landscaping and fencing. No refuse collection areas shall be permitted between a frontage street and the building line, unless adequate screening is provided. 4. The commercial and residential uses shall provide a trash pick-up operation agreement to be included in the CC&R's for the project. 5. Each trash enclosure shall have a minimum of six inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. 6. Townhouse unit trash vestibules shall be designed with a hose bib for washing out the area. 7. All trash enclosures throughout the project shall be designed with metal doors. Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer Service. 1. All "on-site" utilities shall be placed underground. 2. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. 3. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. 4. All residential units shall be separately metered for electrical, gas and water service. 5. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. There shall be private water meters as outlined in Section 34-313.5 of the Santa Ana Municipal Code. 6. The utility lines in the townhouse drive aisle shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. 18 75D-164 K. Maintenance. The entire project shall be maintained to exceed community standards for attractive and sanitary conditions. The CC&Rs for the project shall set forth the maintenance procedures applicable to the project. A maintenance agreement approved by the Executive Director of Public Works Agency shall be executed with the City for the maintenance of special pavement treatment, planting, street lights, etc. in the public right- of-way and in required easement areas. This agreement shall be executed with the City prior to recordation of any subdivision map and included or referenced in the CC&Rs for the project. 19 75D-165 PART IV. DESIGN STANDARDS A. Interior Streets City Place~^~~°~~~~ Drive. The tone and pedestrian experience of the project will be largely determined by "Cit PY lace ~ Drive," a wide interior street which will curve through the project. City Place T''° ~'°r°,,,,,.~° is intended to lend a unifying component to the project as well as link different uses together. a. City Place C-ense~se Drive will consist of a 34' road bed with minimum 14 feet walkways on either side covered arcades may count up to nine rectalinear feet of the walkway. b. Cit,, P~ ~ Drive will not be a public street, but will be open to the public subject to parking management rules and regulations as approved by the City and contained in the CC&Rs for the project. All pedestrian walkways will be separated from the vehicular areas by curbs and gutters. d. Handicapped access ramps will be provided per the Code. e. Cit,. P~ E'~se~rse Drive will be designed to accommodate fire trucks, semi-trucks, and other service vehicles. f. City Place ~ Drive, including all roadways, walkways, landscaping, furniture and fixtures will incorporate high quality materials and enriched paving. The overall effect should include dramatic lighting of landscaping, signs and buildings. g. Street furniture and pedestrian shelters are elements that would contribute well to the unified street edge. One style will be used throughout City Place ~~ Drive in order to create a unique sense of place. Seats, benches, trash receptacles, bicycle racks, telephones, light fixtures, potted plants, signage and banners consistent with the architectural themes and concepts and other miscellaneous street furniture shall be included in a coordinated manner throughout the City Place ~~se~rse area. 20 75D-166 h. Tree wells shall be a minimum of three feet by three feet with protective tree grates and collars. 2. Residential Internal Streets. a. The internal circulation road within the residential component of the project will have a minimum 22' wide paved roadbed and a minimum 3 ft. of landscaping on either side. The road is intended to serve as an internal road open to residents and their guests, Property management, garbage carts, etc., but it will not be a publicly dedicated street. No heavy trucks will be allowed on the internal road. b. The internal circulation road will incorporate high quality masonry paved materials throughout the residential units. Vehicular Loading Access Roads. a. Service roads will incorporate asphaltic concrete paving with curbs and gutters. b. All service roads will be accessible by semi-trucks (wheel base 50) and service vehicles. Colored paving materials and concrete may be used as accent materials at entry locations (not including public right-of--way or required easement areas) on the property to visually define entryways. B. Building Mass, Form And Architectural Style. One critical component of the City Place "'~^~~ c+r°°* ~'^^^^~~~^° design is the consideration of architectural style, mass and form. Architectural style shall impart a distinct building image. Mass shall relate to the desired scale and form shall be used to lend interest to the overall effect of the mixed use development. 1. Building masses shall be simple in form and composed of strong geometric shapes including rectilinear forms with facade variations, round, columnar, stepped (terraced) or pyramidal shapes. Building mass forms may be composed of ornate historical building styles or a combination thereof. 21 75D-167 2. General building form shall be indicative of the functions that take place within. Pedestrian spaces and entrances should be apparent and ceremonial. 3. Internal building structure shall be delineated with clear definition of floors and vertical supports. 4. Large flat unarticulated building faces shall be avoided. Window fenestration must be carefully orchestrated to complement the basic masses, provide scale and modulation of building surfaces and to allow perferation of solid shapes. 6. The mass form and orientation of commercial buildings must be sensitive to adjacent residential areas and pedestrian linkages. 7. Building forms may be exaggerated to express a particular style. Special architectural enhancement shall be included at the pedestrian level of all commercial and retail buildings by utilizing added facade articulation and detail variation. C. Materials. The use of quality materials and detailing on highly visible surfaces will add elegance and maximize the statement of the style of the development. The City Place development will embrace innovative uses of contemporary architectural materials. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone, and colored wood or high quality metallic trims are acceptable finish materials. 2. Textured and smooth concrete, decorative or textured concrete blocks, or steel and high quality metallic panels are appropriate building materials. 3. Non-reflective glass shall be used at pedestrian level for viewing and window shopping purposes. Reflective glass at upper levels is acceptable, but shall be compatible with the design style of the rest of the City Place project. 4. The use of cloth awnings, fixed canopies, metal hand rails and other elements which cover and protect windows and pedestrian areas are encouraged. Signage on such elements must be consistent with the sign requirements contained in this Plan. 22 75D-168 5. Monolithic glass surfaces may be used with other accent materials in a visually harmonious manner in special applications as accent but should not be used as the dominant architectural theme. Structures utilizing glass curtain walls as the predominant design element are not permitted. 6. Glass storefronts shall be provided facing all streets, City Place Drive, and the pedestrian oriented public plazas. 7. All building and site finish materials, colors and designs shall be reviewed and approved by the Planning Division prior to submittal to Building Division Plan Check. 8. Security gates for storefronts, if provided, shall be designed inside of the buildings. D. Color. Choices of color should promote a lively, festive and warm atmosphere. Dull colors should be avoided or used in limited amounts. In general warm contrasting colors should prevail with bright colors and pastels used for accent and detailing. A sense of pageantry shall be promoted through the use of color on signs, lighting, flags and banners and other devices. E. Public Art. Various forms of public art may be integrated into public spaces (not including public right-of--way) throughout the project. F. Detail. Reveals, recesses and other architecturally sculptural elements shall be used to accent key features of the architectural design. 2. Upgraded light fixtures, door and window details and other feature items are encouraged. 3. Banners, flags and other colorful devices may be used to accentuate linear relationship at outdoor areas but only when approved in conjunction with the signage program as set forth herein. 23 75D-169 4. All buildings shall incorporate architectural detail, multiple materials, generous landscaping, lighting effects and strong architectural design themes to soften building mass. All architectural elements including building components shall be part of an integrated design. The entire project shall have a cohesive statement of theme and style. 24 75D-170 PART V. LANDSCAPE MATERIALS AND DESIGN The design guidelines outlined here will assist in achieving a distinctive development character for the project while ensuring compatibility between commercial and adjacent residential land uses. These plants are recommended, however, actual plant choices may be substituted depending on experience and actual soil conditions. The high quality of the development is reinforced through the coordinated design and selection of landscape and paving materials, and emphasis on unique landscape features. As phases are implemented, landscape plans (including landscape plans for any temporary parking areas) shall be approved which are consistent with implement the$e concepts of Exhibit A and B. Detailed landscaping plans prepared by a landscape architect, shall be submitted to and approved by the City of Santa Ana Planning Department and Public Works Agency (for public right-of--way areas) prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy for the phase in question. Off-site landscaping shall be approved by the Department of Public Works as part of any street improvement plans. Schinus terebinthifolius, Brazillian Pepper, size: 24"-60" box, 15'-0" to 35'-0", informal spacing. A. Temporary Landscape Adjacent To Undeveloped Parcels. Areas of the site not developed in the initial phase may be developed as surface parking and if so developed shall comply with the following standards. A temporary landscape will be installed in all undeveloped areas. 1. Setback Areas -Will be fully planted with turf, trees and ornamental groundcover. 2. Parking Areas -Trees equal in number to one (1) per each ten (10) parking stalls, size: minimum 15 gallon. (These trees shall be arranged in eight and one-half (8-1/2) feet by eighteen (18) feet minimum planting bays surrounded by 6" high curb). 3. Berm -Architectural berm of sufficient height (but no greater than 3 feet) to screen surface parking lots shall be installed along Main Street and Owens Drive. Berm will be fully landscaped, and the size, number and type of planting shall be in accordance with the City's commercial development standards. Turf areas shall not exceed four to one slope. 25 75D-171 4. Canopy Trees -Planted informally will supplement streetscape plantings. Size: minimum 24" box. Species to be determined. The size, number and spacing shall be in accordance with the City's commercial development standards. Turf Types -Shall be consistent throughout project (Marathon II) 6. Shrubs -Shall be used for screening of parking areas and for special effects at building entries. 7. Special Sculptural Features -Will accent undeveloped parcels, prior to project buildout. B. General Notes. All landscaping shall be maintained in a healthy and attractive condition. Maintenance should be carried out in accordance with established horticulture practices. Irrigation problems must be resolved promptly to assure plant survival. Prior to planting soil must be property prepared to assure plant survival. 3. No use of Queen Palms for the project interior areas. 4. No electrical, mechanical or plumbing apparatus shall be located in required setback areas. 5. All landscaped areas shall be irrigated using an automatic irrigation system. A schematic irrigation system employing pop- up type sprinkler heads, backflow preventer, automatic time clock, and where applicable, a quick coupler adjacent to all trash enclosures shall be provided. 6. On site trees will be spaced in coordination with required existing parkway trees. 7. The development will provide double-staking for all newly planted trees (on and off site). 8. Only low shrubs and/or ground cover shall be planted in landscape areas used for parking overhang. 9. Planting and landscape walls shall be used to screen all appurtenances, such as transformers, meters, trash enclosures, air conditioning units, etc. 26 75D-172 10. Phasing of landscape implementation shall be compatible with the construction schedule for the entire project, as per the approved site plan. 11. All fountains and water features throughout the project shall be plumbed for non-potable "gray water" for conversion when such water is available. 12. A xeriphytic landscaping materials and irrigation design shall be used for this project. In addition, the plant palette along the southerly edge of the project shall be compatible with that of Santiago Park, where the park is adjacent to the project. 27 75D-173 PART VI. SIGNAGE A. Intent. Every sign in the City Place project will be part of a planned sign program which will be submitted for Planning Division review and approval in accordance with the criteria set forth in this Plan and SAMC. The purpose of this section is to set forth permitted sign types and provide minimum standards for signs within the City Place Specific Development Plan. Consequently, this document identifies and specifies those design criteria for the planned sign program which are different than those set forth in the Code. In considering the planned sign program, the provisions of the Plan shall control. The City Place project is envisioned as a superior quality urban-style mixed-use complex, and architecturally spectacular. Environmental graphic design will be innovative and attractive but never excessive. Tenant identification on the perimeter of the project (i.e. external signage) will be held to a practical minimum. However, it is critical that the internal signage, particularly the signage along the City Place Eense~se, be compatible with the kind of exciting dynamic envirorunent which is intended to be created. B. Sign Message Categories. The project sign program shall address the following categories of information: • Project and major facilities identification at site entries • Tenant identification signage • Regulatory vehicular signage • Directional vehicular signage • Street identification • Informational pedestrian signage • Directional pedestrian signage • Building identification signage • Site directories and orientation maps • Service signage • Parking level and area identification signage • Visitor directional and informational signage • Building address signage • Building/site directories • Typical door identification signage • Restroom and telephone identification signage • Operation information signage 28 75D-174 • Loading dock information • Loading dock numbers • Construction barricade C. Physical Sign Types. Physical classification of project signage will be by the following categories: 1. Freestanding signs. 2. Wall/canopy signs. 3. Projecting signs. 4. Marquee signs (Theater Only). 5. Under canopy/window/hanging signs. D. General Criteria. The following design guidelines generally address the design criteria for the sign program. Color and typography of signs will be evaluated on the basis of aesthetics and legibility rather than conformance to strict criteria. 2. Intermittent lights, bare bulbs, neon, illusions of motion, or other mechanical movement are acceptable only within the interior of the project. Such signage could be used with respect to the theatre, or restaurants. Such signs shall not be visible from the perimeter public right-of--way or the residential development in the project. 3. Well designed pageantry systems consisting of flags and banners, festoons, flag canopies and related displays will be permitted on the interior of the City Place project, provided they are consistent with the overall design of the signage plan, and do not create a safety hazard and do not adversely affect adjacent land uses. 4. The sign program shall acknowledge approval of carefully worded on-site circulation directional signage. E. Criteria For Individual Sign Types will be determined by the approved sign program. Shall conform to size limitations as outlined in SAMC. Freestanding Signs Freestanding signs shall conform to SAMC requirements. 29 75D-175 2. Wall/Canopy Signs. a. All signs need not replicate a specified shape, design or materials. Diversity will be allowed, provided that the signs relate to each other well even though they are configured differently. Projecting Signs. a. Within the interior portions of the project, such as along the City Place ~~se~se, one projecting sign per pedestrian level tenant may be provided. b. The project may provide any number of such signs with mixed types so long as the style of the signs area aesthetically compatible. Projecting signs shall be located no closer than l5 feet from one another. c. The sign face of each projecting sign shall be compatible with the scale of the space being identified. 4. Marquee Signs. The theater may have a major marquee sign at the theater entrance. The marquee sign may be large enough to accommodate the informational requirements of the uses being identified, may employ changeable copy and appropriately sized based on unit and frontage. 5. Signs Under Canopies And Marquees. The area of any sign under a canopy or marquee shall not exceed Santa Ana Municipal Code. Such signs shall meet all minimum Building Code height clearances. 6. Temporary Identification Signs. a. Per Santa Ana Municipal Code b. Per Santa Ana Municipal Code c. Per Santa Ana Municipal Code 7. Submission of City Place Plan Signing Design Program. 30 75D-176 Project applicant shall submit a planned project sign program for review by the Planning Division in accordance with the standard Planning Division procedures and this Plan. 31 75D-177 PART VII. LIGHTING Street lighting can be used to help unify the City Place and add to the "festive" atmosphere being sought. On-site parking lot and building light fixtures may vary from one sub-area to the next but illumination levels shall remain consistent and not compete with street lighting and signage. Appropriate special lighting effects that will be compatible with the overall design concept are encouraged. Street lighting and parking lot parking contribute to the safety and security of the project. Unique lighting fixtures may provide easy identification of the project for motorists. Lighting potentially visible from adjacent property shall be subdued and incorporate cut-off shields or be oriented to the interior of the project. Lighting shall not interfere with vehicular traffic. A. Street Lighting/Exterior To The Project. (Public Right-of--Way) 1. All street lighting along Main Street, Memory Lane= ~ Lawson Wa~and Jeanette Lane shall be of singular design placed at regular intervals, mounted atop concrete or metal standard and installed per City specifications as required. 2. Light standards, poles, and ballards shall be of common design with durable finishes and materials to create unity along the project perimeter, in accordance with the City's commercial development standards. B. On-Site Parking Lot, Pedestrian Lighting, City Place Drive. Pedestrian scale lighting should illuminate entry ways, courtyards, parking lots and other such areas. 2. Lighting should be used to enhance landscaping and reinforced architecture, with dramatic uplighting or wall shadow effects with plant materials encouraged. Parking lot light fixtures and bollards shall be consistent in styling with the design theme proposed for that sub-area of the project. 4. The use of neon and other specialized lighting effects that would reinforce the attractiveness of the project to pedestrian traffic and incorporate the design theme of the project may be used. 5. The use of white or clear string lighting in trees around outdoor pedestrian areas may be used. 6. Washing large wall areas with light to create shadows from landscape materials may be used. 32 75D-178 7. Lighting along the City Place ~~se~se Drive shall be carried out as part of the unified scheme to help create festive recreational atmosphere. C. On-Site Building Lighting. Service area lighting for large uses shall be contained within service yard boundaries with light sources concealed. 2. Building illumination and architectural lighting will be creative and reinforce the design theme. Indirect wall lighting or "raw wall washing" overhead downlighting, will be utilized throughout the commercial development. 3. In residential areas, warm simple lighting will be employed. These components could include uplighting of building entrances and courtyard trees, subtle soft lighting effects, washing of walls with light from concealed ground sources. 4. In residential areas the use of specialized lighting effects such as neon and internally illuminated signs shall be avoided as shall any blinding, bright or flashy effects. 5. Lighting shall not cast any glare onto adjacent lots and streets outside the perimeters of the City Place project in such a manner as to decrease the safety of pedestrian and vehicular movement. 6. Architectural lighting should be used to articulate the particular building design. D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana Municipal Code and approved by the Police Department. 33 75D-179 PART VIII. OPERATIONAL STANDARDS Unless herein permitted to the contrary, all commercial activity shall be conducted within a building. 2. All activity on the site shall be designed, built, operated, and verified in compliance with the mitigation monitoring program of the certified final Environmental Impact Report for this project. Should special assessment, Mello Roos, or other financing be utilized, written disclosure of such financing shall be disclosed in writing to all purchasers and lessees within the project. 4. The following study shall be reviewed, approved and from time to time modified and approved by the City shall be implemented and maintained throughout the project: Trash operations plan All residential units within the project shall be built, subdivided and sold for individual ownership. 6. All trash consolidation areas within the project including residential shall be maintained and operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. 7. The trash pick-up operational plan (letter agreement with the City) shall be incorporated into the CC&R's of the project. 8. All circulation and parking operational procedures for the entire project including but not limited to the bollards, loading zones, parking management, and trash pick-up shall be maintained by the project management and included by reference in the CC&R's. 9. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse two car garage that will disrupt the ability to park resident vehicles in both spaces. 10. The CC&R's shall prohibit recreational vehicle parking or storage on-site. 11. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antenna and mechanical equipment. 34 75D-180 ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, and two continuances, on January 12. 2009, recommended approval of this Amendment to Development Agreement. E. Entering into this Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of City Place to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. F. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. The City Council has, on February 2, 2009, approved and certified an Environmental Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, written findings and a statement of overriding considerations and the Council adopts this ordinance based upon said EIR, plan, findings and statement of overriding considerations. Ordinance No. NS- rage 1 75D-181 SECTION 2: The Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such nonsubstantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. In case of any dispute between the terms or effect of Tentative Tract Map No. 2008-04 and the terms or effect of the Development Agreement, the Development Agreement shall prevail. SECTION 3: This ordinance shall not be effective unless and until Ordinance No. NS-xxxx, Resolution No. 2008-XXX and Resolution No. 2008-XXX become effective. If said ordinance and resolutions are 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 ordinance shall be null and void and have no further force and effect. 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 , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ordinance No. NS- Page 2 75D-182 Benjamin Kaufman Chief 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 that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- rayc ~ 75D-183 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE ~ 6103 FIlZST AMENDMENT TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and MAIN STREET CONCOURSE, LLC Dated: .2009 75D-184 FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("First Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("Cit}~') and MAIN STREET CONCOURSE, LLC, a California limited liability company ("Owner" or "Property Owner"). RECITALS. This First Amendment is entered into with reference to the following facts: 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93-0385606 with the Recorder's Office of the County of Orange (the "Original Agreement"). (1) The purpose of the Original Agreement was to facilitate the development of the mixed-use project contemplated by the City's Specific Design Zoning Designation SD-59 (SD-59), Vesting Tentative Map No. 14408 and EIR No. 93- 1.2 Amended And Restated Agreement. Orient's interest was subsequently acquired by Owner, who thereafter with the City entered into that certain Amended and Restated Development Agreement on or about February 14, 2005, and recorded as Document Number 2005-000258102 with the Recorder's Office of the County of Orange (the "Amended Agreement"). (1) Owner at that same time obtained approvals for a modified prof ect, including an amendment to SD-59, together with a new Vesting Tentative Map No. 14408 and EIR No. 2004-01. (2) Section 5.4 of the Amended Agreement provides that Owner shall consider the design and application for an additional residential, for-sale, high rise tower on its 18 acre property in the general location as specified in Exhibit F to the Amended Agreement. (3) The Owner has now proposed construction of a 31 story, 353 residential unit for-sale (i.e., condominium) project in the general location specified in Exhibit F to the Amended Agreement. This project would require amendment to SD-59 and other discretionary approvals by the City, including a new tentative tract map and Environmental Impact Report. 75D-185 (4) In light of the Owner proposal to construct the 31-story, 353 residential units, for-sale (i. e., condominium) project, the Owner and City have agreed that it is appropriate to adopt this amendment to the Amended Agreement. 1.3 Code Authorization. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and Owner in the development process. The City enters into the First Amendment pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) This First Amendment is intended to assure adequate public facilities at the time of development. (2) This First Amendment is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS- (3) This First Amendment will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific Development District No. 59. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process, as further provided in this First Amendment. (5) This First Amendment will allow the City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to the City for entering into this First Amendment are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.4 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in the City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Sky Lofts Property"). The Sky Lofts Property is approximately 2.01 acres in size and is currently vacant. 1.5 Approval of Owner. Owner further hereby represents that it has approved this First Amendment and is authorized to enter into this First Amendment. 75D-186 1.6 Planning Commission -Council Hearings. On November 10, 2008, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this First Amendment. This public hearing was duly held, all public testimony was attended to, and the Planning Commission recommended to the City Council of the City that it execute this First Amendment. On December 1, 2008, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this First Amendment. 1.7 Council Findings. The Council finds that this First Amendment is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On .200_, the Council adopted Ordinance No. NS- approving this First Amendment. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the First Amendment, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in Section 5.2 et seq. of this First Amendment. 2.2 "Map" means Tentative Tract Map No. 17242, approved concurrently with this First Amendment. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Sky Lofts Property, and includes Main Street Concourse LLC's successors in interest. 2.3 "Sky Lofts Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Sky Lofts Project" is the development of the Sky Lofts Property as generally set forth in SD-59, Tentative Tract Map No. 17242, Conditional Use Permit No. 2008-34, Environmental Impact Report No. 2007-02, and Site Plan Review No. 2008-05. The Sky Lofts Project does not include the development of any property within SD-59, other than the Sky Lofts Property. The Sky Lofts Project generally is described as follows: (1) a residential multi-family condominium tower including 27 levels of residential condominiums above four (4) levels of above grade parking and two (2) levels of 75D-187 below grade parking. Within the tower a total of 333 residential condominium units will be provided and an additional twenty (20) stacked townhomes will line the south side of the parking structure. (2) The residential condominium units shall range in size from 804 to 2,000 square feet and provide nine (9) feet from floor to finished ceiling for the townhomes and podium level thru level twenty-five (25) and twelve (12) feet from floor to finished ceiling on levels twenty-six (26) and twenty-seven (27). (3) At the grade level, an approximately 2,900 square foot lobby shall be provided. Immediately outside of the lobby shall be two (2) water features announcing the pedestrian arrival point. (4) A 33,690 square foot common space amenity deck shall be installed above the parking structure and include a pool, spa, cabana/lounge, outdoor fireplace, tables and outdoor barbeque. (5) The Podium level shall consist of 4,590 square feet of enclosed common space including a gymnasium, dining and kitchen area, and media room. (6) The height of the tower will be approximately 366 feet including the mechanical equipment penthouse. The parking garage will contain 729 parking spaces. (7) All residential units in the Sky Lofts Project shall be condominiums, i. e., not residential units rented by the Owner. To be considered to be condominiums, the Owner shall obtain all necessary approvals for sales of individual residential units, including but not limited to, (a) a recorded, final subdivision map, (b) recorded Declaration of Covenants, Conditions and Restrictions (CC&Rs), (c) a final, unconditional "public report" issued by the California Department of Real Estate pursuant to the Subdivided Lands Act. 2.5 Public Art Locational Plan means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the location of the Public Art required under certain circumstances by this First Amendment, and is subject to refinement at the time of installation, by agreement of the Owner and the Executive Director. 3. EXHIBITS. The following documents referred to in the First Amendment are attached to this First Amendment and are identified as follows: Exhibit Referred to Desi ng ation Description in Section A Sky Lofts Property Legal Description 1.4 B Sky Lofts Property Graphical Description (Site Plan) 1.4 75D-188 C Public Art Locational Plan 2.5 D Remaining Offsite Mitigation Measures 5.3 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This First Amendment amends, restates and supersedes the Amended Agreement only as explicitly set forth herein, and only as it relates to the Sky Lofts Property. In all other respects, the Amended Agreement shall remain in full force and effect. 4.2 Sky Lofts Property Exclusively Subject to the First Amendment. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this First Amendment until Owner has fully performed its obligations arising out of the First Amendment. 4.3 Effective Date; Duration of First Amendment. (1) The "Effective Date" of this First Amendment shall be the date that the City Council ordinance adopting this First Amendment becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless it or Ordinance No. NS- (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures, or unless its effective date is stayed by order of a court of competent jurisdiction. (2) The term of this First Amendment shall for seven (7) years from the Effective Date ("Initial Term"); provided, however that the Owner may request a single three- year extension ("Extended Term") from the Executive Director of the Planning and Building Agency, which request shall not be unreasonably denied. Nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. (3) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of Tentative Tract Map No. 14230, including any lot line adjustment or merger of lots (or any other tentative map approved by the City relating to the Sky Lofts Property subsequent to the Effective Date of this First Amendment), shall not expire during the term of this Development Agreement remains in effect. (4) Notwithstanding subsections (2) or (3) hereof, if, at the end of the original or any modified term, the Sky Lofts Property is in the process of being developed, the term of this First Amendment shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. 75D-189 (5) The expiration of this First Amendment shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this First Amendment, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law pursuant to Section 5 of this First Amendment. (6) Upon the expiration or termination of this First Amendment for any reason, the City and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this First Amendment from the public records as to the property or any applicable portion thereof. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Sky Lofts Property, with respect to and only with respect to the permitted use(s), density, height, size of structures and intensity of use of the Sky Lofts Property, and provisions for reservation or dedication of land for public purposes and any other exactions or mitigation measures applicable to the Sky Lofts Project shall be those rules, regulations, and policies applicable to the Sky Lofts Property as of the Effective Date, including those set forth in SD-59, as amended concurrently herewith. 5.1.1 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this First Amendment ("Reserved Powers"), including without limitation: (1) Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Sky Lofts Property in accordance with this First Amendment. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Sky Lofts Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (a) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this First Amendment; (b) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (c) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (d) Procedural rules of general City-wide application. 75D-190 (2) No vested rights as to any requirements in this Section 5.1.1 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.1.2 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Sky Loft Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Sky Loft Project or any unit or structure contained within the Sky Loft Project. 5.1.3 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifications to the discretionary approvals vested pursuant to this First Amendment, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification." 5.1.4 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Sky Lofts Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this First Amendment, shall apply to the development of the Sky Lofts Property. 5.1.5 Amendments or Additions to Citywide Fee Programs. This First Amendment shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this First Amendment, which shall be applicable to the Sky Lofts Project or the Sky Lofts Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to the Sky Lofts Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Sky Lofts Sky Lofts Project impacts which were analyzed in the Environmental Impact Report prepared for the Sky Lofts Project, or (b) duplicate any exactions, project design features, conditions of approval, agreements, or mitigation measures contained in the Development Plan for this First Amendment. 5.2 Development, Construction and Completion of Work of Public Art and Other Consideration. In consideration for the extraordinary and significant benefits to the City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, and intensity of use, Owner shall comply with the provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project. 5.2.1. Schedule For Work of Public Art. Owner shall design, construct and maintain a work of public art only if it does not Commence Construction of the Sky Lofts Project during the Initial term and instead requests and 75D-191 is granted an extension as set forth in section 4.3(2) of this First Amendment. For purposes of this Section S, "Commence Construction" means those actions (i. e., valid building permit issued by City and substantial, hard construction costs expended in good faith reliance thereon) that would create a vested right in Owner pursuant to Avco Community Developers, Inc. v. South Coast Reg'l Comm'n, 17 Cal. 3rd 785, 791 (1976), and its progeny. Facilities to Be Constructed 1. Submit Final Design of Public Art. Final design must conform to Public Art Locational Plan. Trig Bring Event One year from the commencement of the Extended Term, if applicable. 2. Install Public Art. Prior to the City's issuance of Certificate of Use and Occupancy for any portion of the Sky Lofts Project, or two and one-half (2 1/2) years from the commencement of the Extended Term, whichever comes first. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this First Amendment within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as maybe reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance maybe subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.2.2 Responsibility For Costs of Work Of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. S.3 Remaining Offsite Mitigation Measures. The parties acknowledge and agree that the sole remaining offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit D to this First Amendment. S.4 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit as a condition of issuance of each building permit which includes one or more residential units, or $1,OS9,000.00 for all residential units upon the issuance of the initial building permit, whichever is greater. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the City. S.S In-Lieu Park Fee. The Owner shall pay a fee of $7,841.00 per unit in lieu of its obligation established by section 34-204 et seq. of the Santa Ana Municipal Code; 75D-192 provided, however that the fee maybe increased to $10,568.00 per unit if the Owner does not Commence Construction (as that term is defined in Section 5.2.1) during the Initial Term. This in-lieu park fee shall be paid at the same time as those fees the payment of which is currently deferred by the City pursuant to City Ordinance No. NS-2775, or any extension thereto. 5.6 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Sky Lofts Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Sky Loft Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Sky Lofts Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Sky Lofts Property and the Sky Lofts Project, and all other provisions of the City and its Municipal Code (as they apply to the Sky Lofts Property and the Sky Lofts Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. (collectively "Governmental Requirements"). 5.7 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) Repair of perimeter walls will be specified in the CC&R's in the event of damage. (2) The CC&R's shall provide notice to prospective owners of the urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g.., Main Place Regional Shopping Mall, and surrounding property within SD-59 zoned and/or devoted to commercial use), and the regional and local street grid adjacent to the Sky Lofts Project (e.g., SR-22, I-5, SR-57, Main Street, Town & Country Drive), and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (3) The CC&R's shall reflect that balconies may not be used for storage. (4) Terms and Content: i. CC&R's are to be in effect for at least 66 years. 75D-193 ii. Any proposed modifications to the foregoing provisions of the CC&R's will require approval by the Executive Director. 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. The City shall, at least every twelve (12) months during the term of this First Amendment, review the extent of good faith substantial compliance by Owner with the terms of this First Amendment. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the First Amendment at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the First Amendment after the annual review set forth in Section 6.1 above, the City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the Executive Director, the First Amendment remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this First Amendment shall not constitute or be asserted by any party as a breach of the First Amendment by Owner or City. 7. DEFAULT. 7.1 Owner Events of Default. Property Owner is in default under this First Amendment upon the happening of one or more of the following events or conditions (each, an "Owner Event of Default"): (1) If a material warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; or (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of this First Amendment that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the material terms or conditions of this First Amendment; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this First Amendment. io 75D-194 7.2 Procedure upon Default. (1) Upon an Owner Event of Default, the City through the Executive Director shall submit to Owner, a written notice of default, in the manner provided in Section 4.10 of the Amended Agreement, identifying with specificity the nature of the alleged default and, when appropriate, the manner in which said default maybe satisfactorily cured. Upon receipt of the notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure in any event not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently proceed to remedy such default(s) after proper notice and expiration of said one hundred and twenty (120) day cure period or such extended period as provided herein, the City may terminate or amend this First Amendment in accordance with the procedure adopted by the City. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. (2) If after the cure period has elapsed, the Executive Director finds and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be entitled to appeal that finding and determination to the City Council by filing an appeal with the City Clerl<, if at all, within fourteen (14) days after the mailing of such finding and determination to Owner, or its successors, transferee, and/or assignees, as the case maybe. The City Council shall act upon the finding and determination of the Executive Director within ninety (90) days after the filing of such appeal. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. (3) The City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this First Amendment. (4) Non-performance shall not be excused because of a failure of a third person. (5) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this First Amendment and a hearing on the matter shall not be required. (6) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (7) All other remedies at law or in equity which are not inconsistent with the provisions of this First Amendment are available to the parties to pursue in the event there is a breach. li 75D-195 7.3 Damages upon Termination. >n no event shall Property Owner be entitled to any damages against the City upon termination of this First Amendment for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or First Amendments set forth in the First Amendment, or to enjoin any threatened or attempted violation of the First Amendment; or to obtain any remedies consistent with the purpose of the First Amendment. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This First Amendment shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Sky Lofts Property or any portion of the Sky Lofts Property or any improvement on the Sky Lofts Property by any mortgage, deed of trust, or other security device (or any number of them) securing financing with respect to the Sky Lofts Property or its improvement (any such encumbrance, a "Mortgage"). 8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Sky Lofts Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this First Amendment (1) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Sky Lofts Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (i) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as maybe incident to obtaining a relief from stay in the case of a iz 75D-196 bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of Default promptly following its obtaining possession and; (ii) said Mortgagee shall proceed diligently to obtain possession of the Sky Lofts Property (including possession by receiver) (subject to such delays as maybe incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of Default; and (b) In the case of an Owner Event of Default that is not susceptible to being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (subject to such delays as maybe incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime it shall acquire the Owner's right, title and interest hereunder, either in its own. name or through a nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Sky Lofts Property pursuant to Subsection 8.4(a) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other Owner Event of Default during any period of such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible of being cured by the Mortgagee or by said purchaser, as the case maybe, then prior Owner Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder. Except as set forth herein, nothing contained herein shall require any Mortgagee to cure any Owner Event of Default. 8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any conveyance of the Sky Lofts Property from the Owner to a Mortgagee or its designee through, or in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this First Amendment; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as the Owner hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder pursuant to an assumption First Amendment satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed. 13 75D-197 Upon such acquisition of the Owner's right, title and interest hereunder as described in the preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new First Amendment or amend this First Amendment with such party, upon the written request therefor by such party given not later than one hundred twenty (120) days after such party's acquisition of the Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new or amended agreement shall be substantially the same in form and content to the provisions of this First Amendment, except with respect to the parties thereto, and the elimination of any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have priority equal to the priority of this First Amendment. Upon execution and delivery of such new or amended agreement, the City shall cooperate with the new owner, at the sole expense of said new owner, in taking such action as maybe necessary to cancel and discharge this First Amendment and to remove Owner named herein from the Sky Lofts Property. 8.6 Releases. The City agrees that upon written request of Property Owner and payment of all fees and performance of the requirements and conditions required of Owner by this First Amendment with respect to the Sky Lofts Property, or any portion thereof, the City shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this First Amendment in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this First Amendment, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This First Amendment constitutes the entire understanding and agreement of the parties with respect to the matters set forth in this First Amendment. This First Amendment supersedes all negotiation or previous agreements between the parties respecting this First Amendment, including without limitation the Original Agreement and/or the Amended Agreement. All waivers of the provision of this First Amendment must be in writing and signed by the appropriate authorities of the City or of Owner. All amendments to this First Amendment must be in writing signed by the appropriate authorities of the City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Upon the completion of performance of this First Amendment or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange County, California. 9.3 Sky Lofts Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Sky Lofts Project is a private development for purposes of Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Sky Lofts Property or in connection 14 75D-198 with the Sky Lofts Project; and (c) Owner shall have the full power and exclusive control of the Sky Lofts Property subject to the obligations of Owner set forth in this First Amendment. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First Amendment are part of this First Amendment. 9.5 Captions. The captions of this First Amendment are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this First Amendment. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this First Amendment, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this First Amendment. 9.8 Time of Essence. Time is of the essence for each provision of this First Amendment of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this First Amendment has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this First Amendment or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this First Amendment. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this First Amendment to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an First Amendment on the effect of such federal or state law or regulation upon the First Amendment, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this First Amendment and the meaning of the provisions hereof. In addition, the provisions of this First Amendment 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. 9.11 Arms Length Transaction. Each party represents and warrants to the other the following: it has carefully read this First Amendment, and in signing this First 15 75D-199 Amendment it does so with full knowledge of any rights which it may otherwise have, and it has freely signed this First Amendment without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party or its agents, employees, or attorneys, except as specifically set forth in this First Amendment, and without duress or coercion, whether economic or otherwise. 9.12 Recording. The City Clerk shall cause a copy of this First Amendment to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this First Amendment. IN WITNESS WHEREOF, this First Amendment has been executed by the City of Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. NS- , authorizing such execution, and by Property Owner. Dated this day of , 200 THE CITY OF SANTA ANA By DAVID N. REAM City Manager Approved as to Form: By JOSEPH W.FLETCHER City Attorney MAIN STREET CONCOURSE, LLC, A California Limited Liability Company By: EMG-MAIN STREET LLC, a California limited liability company, Its Manager By: BDC LLC, a California limited liability company, Its Manager By: Bisno Development 16 75D-200 Company LLC, a California limited liability company, Its Manger By Robert H. Bisno, Manager and Chief Executive Officer i'~ i~ 17 i ~~ 75D-201 STATE OF CALIFORNIA COUNTY OF On before me, , a Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 75D-202 File No: 06154511 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: Lot 1 of Tract No. 16565, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 872, Page(s) 32 to 38, inclusive of Miscellaneous Maps, Records of Orange County, California. Assessor's Parcel Number: 041-212-04 75D-203 / O" O _ _ - _ 4'~s V _ , p ~ ~ _ _ _ ~~ ~ W _- .. .. - _- fs~7 0 3~ w ~ !i ° w ® c ~9 RA r ~- m 3S ° a r < ~ U Q J O i. W ~ N N Z a °m a"' ~i r ~~+ Fw ~ oa aN F U Z '~ °~ wai Fo a`. "-' ~ o < ~ o z p ~ i a -~ ~~~x ~< ros(1 J Q N~ U _ _ 6 ° Y~ 41 >Z Z 60~ a 5•_Q~ O ~ ~ ' ~ li O K U 8 .a-,s .or.r N _> r a r ~- ° .~ m 6 - ~ O Y < ,~ w < ° ~ 6 F N J ° .- ._ r m O < U Z .~ h a O ,.I N ~ ~ ~ ~ p - _ a ~ y 0 N ° z `~ 0 ~ - a i i a EI W O;I~E'J 'EUy E;UES aue7agauea~ Sl~OI A]IS 3~V'ld Ally E% I B I T "B" i W Q U oRN"d as ~~ ~z > ~ uY° ro~~a :~ lo? y~N~SM'~ ~ ~- - ~"_ a~_. - ~b '=~ l-.9l - - e~ ~~ r 6 ~~ ^ ~~~g=i~ ~Q! g~ j ~ g 0 ~~~~a~~ ~ ~ J ~ ~ ~ g:Ec~'s. ~- ai 1 i3y_~~~~~ ~o~ 44 ~ C p t- (~ J #` S~ a~ o g m q `n -1° ui 5 • U ~® x N ~~ ro~~ 0 3 m 1~ 4: (' n \ ", ~ m~ r.~Z EXHIBIT C Public Art Locational Plan 1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed to by the City's Planning Commission and Owner) to be placed along Lawson Way at or near its intersection with Jeanette Lane, with the final location to be determined as specified in Section 5.2 et secy. of this First Amendment. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in Section 5.2.1 of this First Amendment. Review and approvals required by the Planning Commission pursuant to Section 5.2 et seq. or this Exhibit C may be delegated to a committee of same duly constituted pursuant to the Planning Commission's bylaws. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 7. Expenses Not Allowed from Art Allocation i. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) ii. Architect and Landscape Architect fees. iii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. iv. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the art piece. 75D-205 vi. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. vii. Dedication ceremonies, including sculpture unveilings or grand openings. 8. To be eligible, the proposed work of public art shall not be: i. amass produced object from a standard design; ii. a reproduction, whether produced by mechanical or other means, of an original work of art; iii. elements of building, designed by the building's architect, as opposed to a public artist commissioned for the express purpose of creating a unique work of public art; nor iv. a water feature, in whole or in part. 75D-206 EXHIBIT D Off-Site Mitigation Measures Improvement Location 1. Landscape Median Main Street from City Place Drive to Town and Country Drive 2. Street Reconstruction Lawson Way from Memory Lane to northern property limit of Sky Lofts Property from curb to curb (not a obligation of owner of commercial parcel of City Place; i.e., parcel located between Main Street and City Place Drive) 3. Slurry Seal Memory Lane from Main Street to Lawson ~, Way 75D-207 BK:1 /27/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-34 AS CONDITIONED, VESTING TENTATIVE TRACT MAP NO. 2008-04 AS CONDITIONED AND SITE PLAN REVIEW NO. 2008-05 FOR THE PROPERTY LOCATED AT 301 EAST JEANETTE LANE (COUNTY MAP NO. 17242) 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 various entitlements in order to construct Sky Lofts, the final portion of the City Place Development located at 301 East Jeanette Lane. The Sky Lofts proposed project consists of a high rise tower, stacked townhomes and a parking structure on an approximately two acre site. The residential segment will provide 333 condominium units within the tower and 20 stacked for-sale townhouses wrapping one-side of the 729-space parking garage. Reaching approximately 366 feet into the air, the tower will provide 27 levels of living space, four (4) levels of above grade parking and two (2) levels below. B. After continuing the matter following a noticed public hearing, at its regular meeting of January 12, 2009, the Planning Commission voted by a vote of vote of 5:1:1 (Yrarrazaval opposed, Turner abstained) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04. 3. Adopt a resolution approving an amendment to Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2008-05. Resolution No. 2009-XXX 75D-208 Page 1 of6 C. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for Sky Lofts Development on February 2, 2009, and at that time considered all testimony, written and oral. D. Vesting Tentative Tract Map No. 2008-04 seeks to subdivide the land and future residential condominiums. The City Council of the City of Santa Ana determines that the following findings have been established: The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area . 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2008-04 is in keeping with the provisions of the site plan review (Development Project No. 2006-46) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2008-04. 3. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately two acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, maintaining adequate frontage for each parcel. Vesting Tract Map No. 17242 has been determined to be capable of supporting the type and density of the proposed project. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this Resolution No. 2009-XXX 75D-209 Page 2 of 6 site will be substantially affected by this proposal. Environmental Impact Report 2007-02 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed infill development within amixed-use development is for a residential high-rise tower and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. 6. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242) will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site as this development, as an urban project concept, encourages pedestrian and public activity. E. Applicant is seeking Conditional Use Permit No. 2008-34 to allow the project. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of a residential high rise will add to the mixture of housing opportunities available within the city. The proposed multi-family residential use (City Place Sky Lofts) within the City Place development will provide a service to the community by providing for-sale, high-quality residential housing stock that will enhance the property values of the surrounding neighborhoods. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. Resolution No. 2009-XXX 75D-21 0 Page 3 of 6 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2007-02 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a two acre vacant portion of north Main Street and the City Place development will assist in promoting the economic viability and enhance the livability for this area. 3. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2007-02 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a two acre vacant portion of north Main Street and the City Place development will assist in promoting the economic viability and enhance the livability for this area. 4. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? As conditioned and the approval of Zoning Ordinance Amendment No. 2008-04, the proposed project will be in compliance with all applicable regulations and conditions imposed on high rise residential units, pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The residential high rise tower is consistent with the General Plan Land Use Element designation of District Center and the proposed amendments to Specific Development No. 59. The proposal is supported by the Land Use Element Goal: 2.0, To promote land uses which Resolution No. 2009-XXX 75D-211 Page 4 of 6 enhance the City's economic and fiscal viability; and Goal 3.0, To promote a balance of land uses to address basic community needs. Further, General Plan Land Use Element Policy 1.3 supports high-density residential development within the City's District Centers as a part of a master- planned mixed-use development. Also, Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. Therefore, a residential high rise within a mixed-use setting will assist to further the goals of the District Center designation of the General Plan. F. Applicant is requesting approval of Site Plan Review No. 2004-05. Santa Ana Municipal Code Section 41-493.5 requires approval of all plans for projects within a specific development district to ensure the project is in conformity with the specific development standards. G. By prior action this date, the City Council has approved and certified the Environmental Impact Report for this proposed project. H. The Request For Council Action and all matters presented to the Council are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby, approves Vesting Tentative Tract Map No. 2008-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2008-34 as conditioned in Exhibit "B" attached hereto and incorporated herein. Section 4. City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2008-05. Section 5. In case of any dispute between the terms or effect of Vesting Tentative Tract Map No. 2008-04 and the terms or effect of Amendment to Development Agreement No. 2004-01, said Development Agreement shall prevail. ADOPTED this day of , 2009. Miguel A. Pulido Mayor Resolution No. 2009-XXX 75D-212 Page 5 of 6 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief 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. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009-XXX 75D-213 Page 6 of 6 Conditions for Approval for Vesting Tentative Tract Map No. 2008-04 Vesting Tentative Tract Map No. 2008-04 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in revocation of the vesting tentative tract map. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 06-46). 2. The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. 3. A final map must be approved and recorded prior to issuance of building permits. 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. EXHIBIT "A" Page 1 of 3 75D-214 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division and shall be at the same or higher level of quality as the Nexus residential tower (CUP 2005-10) and City Place live-work lofts (CUP 2004-28). The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled shower enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum they will include a product line for the appliances requiring the equivalent or higher grade, all cabinets be of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 7. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of all outdoor fireplace, seating, benches, tables, chairs, lounges and similar furniture. These items shall be reviewed and approved when the landscapes are submitted into plan check. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibit 3), plazas, drive aisles, pedestrian walkways and common area amenities for the project, shall be completely installed prior to the issuance of a certificate of occupancy for the project. 10. Pedestrian walkways shall be provided to establish pedestrian connectivity throughout the project site and to existing pedestrian connection points as shown on the Plan (Exhibit 3). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan and two fountains. These improvements must be completed prior to occupancy of the first unit. 11. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to EXHIBIT "A" Page 2 of 3 75D-215 minimize effects from vandalism, skateboarding and weather. 12. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 13. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 14. The podium level shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 15. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 16. The podium level amenity deck shall be completely installed prior to the issuance of any certificate of occupancy. EXHIBIT "A" Page 3 of 3 75D-216 Conditions for Approval for Conditional Use Permit No. 2008-34 Conditional Use Permit No. 2008-34 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. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 06-46). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of constructed with quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. 4. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division and shall be at the same or higher level of quality as the Nexus residential tower (CUP 2005-10) and City Place live-work lofts (CUP 2004-28). The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled shower enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum they will include a product line for the appliances requiring the equivalent or higher grade, all cabinets be of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 5. Interior floor to finished ceiling heights will be a minimum of nine feet on the podium level through level 25 and a minimum of 12 feet EXHIBIT "B" Page 1 of 2 75D-217 on levels 26 and 27. For the stacked townhomes, interior floor to finished ceiling heights shall be a minimum of nine feet. 6. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. 7. CC&Rs shall include residential occupancy standards similar to Phase I of the City Place development (CUP04-28). 8. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 9. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 10. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. EXHIBIT "B" Page 2 of 2 75D-218 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PUBLIC HEARING-RESOLUTION AUTHORIZING CONDEMNATION OF A PORTION OF REAL PROPERTY AT 2909 S. BRISTOL & MITIGATED NEGATIVE DECLARATION FOR SAN LORENZO SEWER LIFT STATION ~~c-- /`~ 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 1. Adopt a resolution authorizing the condemnation of a portion of the real property located at 2909 S. Bristol Street and declaring the public necessity and interest therefore. 2. Approve the Mitigated Negative Declaration for the San Lorenzo Sewer Lift Station Improvements. DISCUSSION The City is proposing to construct a new sewer lift station at the end of San Lorenzo Avenue, just east of Bristol Street (Exhibit 1). To accommodate the construction of the lift station, acquisition of 292 square feet of property located at 2909 S. Bristol is required (Exhibit 2) . The public interest and necessity requires the proposed acquisition. A good faith offer was made to the property owner on October, 6, 2008 for an amount of $25,000 for the purchase of the property. Negotiations continue with the property owner, however in order to meet the project schedule, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings. 75E-1 Resolution Authorizing Condemnation and Mitigated Negative Declaration for San Lorenzo Sewer Lift Station February 2, 2009 The sewer lift station will replace an existing lift station located beneath Bristol Street approximately 700 feet to the west of the proposed lift station. The new lift station will include updated equipment and additional pumps to reduce the chance of a sewer spill. The consulting firm of T & B Planning, Inc. was retained to do the environmental assessment for this project. In compliance with the California Environmental Quality Act (CEQA), an environmental checklist was completed. All checklist items were determined to have either "No Impact or "Less than Significant Impact with the exception of possible odors emanating from the site and traffic congestion due to lane closures during construction. These items will be mitigated by incorporating an odor control system into the design and requiring the contractor to provide traffic control, signage, and detour routes to minimize disruption of the normal flow of traffic. In accordance with CEQA requirements, the "Notice of Intent to Adopt a Mitigated Negative Declaration" was advertised in the Orange County Register on December 22 and December 23, 2008, as well as posted at the site. The review period was from December 23, 2008 to January 12, 2009, and no public comments were received. Staff recommends approval of the Mitigated Negative Declaration. ENVIRONMENTAL IMPACT There are no significant environmental impacts with the implementation of the mitigation measures. FISCAL IMPACT Funds for the proposed acquisition are available in the Sewer Connection Fees Fund (account no. 55-532-6631, project no. 06-3510). APPROVED AS TO FUNDS AND ACCOUNTS: _.~ ,( _ _ ames G. R\ovs,s xecutive Director Public Works Agency ~ ~~ ~~ Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency 75E-2 75E-4 ... MAYOR lld Mi l A P •~,~ '~~'" CITY MANAGER David N Ream o gue u ~'~ "`r MAYOR PRO TEt~4 Claudia C. Alvarez CITY ATTORNEY Joseph W Fletcher GOUNCILMEMBERS ~ S2'f „~ CLERK OF THE COUNCVL P. David Benavides Patricia E Healy Carlos Bustamante Michele Martinez Vincent F Sarmiento CITY OF SANTA ANA Sal Tinajero PUBLIC WORKS AGENCY M-85 220 S. Daisy Avenue, M85 - P O. Box 1988 Santa Ana. California 92702 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Mitigated Negative Declaration for the following project: Project Title: San Lorenzo Lift Station Project Description: The City of Santa Ana is proposing to construct a new sewer lift station, to be located at the end of San Lorenzo Avenue just east of Bristol Street. The proposed sewer lift station would replace an existing lift station located beneath Bristol Street approximately 700 feet to the west of the proposed new lift station. The new lift station is proposed to update the equipment and to provide additional redundancies in order to reduce the chance for a sewer spill. The new lift station would not increase the capacity of the existing sewer system in the vicinity. During construction of the proposed. project atemporary construction easement is proposed to the west and north of the proposed facility and would comprise an approximate 900 s.f. area to facilitate the removal of an existing block wall and to allow for site improvements. Features proposed as part of the project include: a wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below ground dry pit to house the pumps, motors, associated equipment and appurtenances; a small above- ground block building (approximately 8 feet by 30 feet in size) to house the electrical panels; a stairway access into the dry pit; and new landscape and hardscape improvements around the building for that area within the public right-of-way (sidewalk, curb and gutter, street trees, shrubs, and ground cover). As part of the proposed project, the City of Santa Ana would be required to acquire approximately 292 s.f. of area located along the northwestern portion of the site. The area proposed for acquisition would overlap with a portion of the proposed temporary construction easement. The project also proposes the construction of 1,300 lineal feet of new 15-inch to 18-inch sewer main and appurtenances to connect several existing sewer mains to the new lift station. Project Location: Bristol Street, Segerstrom Avenue, and San Lorenzo Avenue in the City of Santa Ana. Project Number: Public Works Agency Project No. 06-3510 Public Review Period: December 23, 2008 to January 12, 2009 Hearing Date: Not applicable. The proposed project would require only administrative approval from the City of Santa Ana, and no public hearing is required. Hearing Location: Not Applicable The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Public Works Agency, located at 220 South Daisy Avenue, Santa Ana, California. Please submit any comments on the Mitigated Negative Declaration to the City on or before January 12, 2009. Please direct your comments to: Mr. Steve Worrall, Senior Civil Engineer, City of Santa Ana, P.O. Box 1988, M-85, Santa Ana, CA 92702. If you have any questions or would like any additional information, please contact Steve Worrall at (714) 647- 3319. Page 1 of 64 75E-5 MAYOR lid l A P Mi ~• '~~ "` . u o gue ~~ ~ MAYOR PRO TEM Claudia C. Alvarez GOUNCILMEMBERS ~ ~ ~' P David Benavides Carlos Bustamante Michele Martinez VincentF Sarmiento CITY OF S/-~NTA ANA Sal Tinajero PUBLIC WORKS AGENCY M-85 220 S. Daisy Avenue; M85 - P O Box 1988 Santa Ana. California 92702 CITY MANAGER David N Ream CITY ATTORNEY Joseph W Fletcher CLERK OF THE COUNCIL. Patricia E Healy MITIGATED NEGATIVE DECLARATION Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: Public Works Agency Project No. 06-3510 Applicant: City of Santa Ana Public Works Agency, Water Resources Division Project Location: Bristol Street, Segerstrom Avenue, and San Lorenzo Avenue in the City of Santa Ana. Project Title/Description: San Lorenzo Lift Station. The City of Santa Ana is proposing to construct a new sewer lift station, to be located at the end of San Lorenzo Avenue just east of Bristol Street. The proposed sewer lift station would replace an existing lift station located beneath Bristol Street approximately 700 feet to the west of the proposed new lift station. The new lift station is proposed to update the equipment and to provide additional redundancies in order to reduce the chance for a sewer spill. The new lift station would not increase the capacity of the existing sewer system in the vicinity. During construction of the proposed project a temporary construction easement is proposed to the west and north of the proposed facility and would comprise an approximate 900 s.f. area to facilitate the removal of an existing block wall and to allow for site improvements. Features proposed as part of the project include: a wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below ground dry pit to house the pumps, motors, associated equipment and appurtenances; a small block building (approximately 8 feet by 30 feet in size) to house the electrical panels; a stairway access into the dry pit; and new landscape and hardscape improvements around the building for that area within the public right-of-way and construction of anew block wall along the motel property and adjacent to the proposed lift station (sidewalk, curb and gutter, street trees, shrubs, and ground cover). As part of the proposed project, the City of Santa Ana would be required to acquire approximately 292 s.f. of area located along the northwestern portion of the site. The area proposed for acquisition would overlap with a portion of the proposed temporary construction easement. The project also proposes the construction of 1,300 lineal feet of new 15-inch to 18-inch sewer main and appurtenances to connect several existing sewer mains to the new lift station. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of mitigation measures placed on the project and agreed to by the project proponent would reduce identified impacts to a level below significant. Signature: Date: Steve Worrall, Senior Civil Engineer This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. Page 2 of 64 75E-6 Environmental Checklist CEQA Compliance PLANNING DIVISION Project Title: San Lorenzo Lift Station II. Project Numbers: Public Works Agency Project No. 06-3510 III. Lead Agency Name and Address: City of Santa Ana Public Works Agency/Water Resources Division; Corporate Yard, M-85 220 S. Daisy Avenue Santa Ana CA 92702 IV. Contact and Phone Number: Mr. Steve Worrall, (714) 647-3319 V. Project Location: Existing sewer lift station located along the eastern side of Bristol Street approximately 250 feet north of the intersection of Bristol Street and Seaerstrom Avenue in the City of Santa Ana. Proposed San Lorenzo Lift Station to be constructed at the west end of San Lorenzo Avenue iust east of Bristol Street. Refer to attached Figure 1 Vicinity Map Figure 2 USGS Map, and Figure 3, Aeriai Photo. VI. Project Sponsor's Name and Address: City of Santa Ana Water Resources Division• Corporate Yard, M-85, 220 S. Daisy Avenue Santa Ana CA 92702 VII. General Plan Designation: N/A VIII. Zoning: N/A IX. Description of Project: The City of Santa Ana is proposing to construct a new sewer lift station, to be located at the west end of San Lorenzo Avenue just east of Bristol Street. The proposed sewer lift station would replace an existing lift station located beneath Bristol Street approximately 700 feet to the west. During construction of the proposed lift station, the existing lift station would remain in operation. The new lift station would not increase the capacity of the existing sewer system in the vicinity. The new lift station is proposed to update the equipment and to provide additional redundancies in order to reduce the chance for a sewer spill. Upgrades to the current sewer lift station are necessary because the redundancies associated with the existing lift station are inadequate in that two pumps are frequently Page 3 of 64 75E-7 Environmental Checklist CEQA Compliance operated near capacity without a third standby pump. The lack of redundancies is particularly an issue because trash and rags frequently enter the pump and render them inoperable. Additionally, ventilation in the dry pit of the existing lift station is inadequate, and the dry pit access is prone to flooding during rain events which requires the City to maintain sand bags around the access cover from November to February each year. Furthermore, the access to the dry pit is located in the middle of a pedestrian sidewalk which must be closed for extended periods of time during entry. In addition, the pumps, motors, and other equipment have exceeded their design life. The existing lift station within Bristol Street is composed of a packaged station measuring 12 feet in diameter and 10 feet in height, with an entry tube measuring approximately four feet in diameter. Demolition of the existing lift station would involve the abandonment in place of the existing lift station, which would include removal and disposal of all pumps, suction, and discharge piping, valves, fittings, control panels, conduits, wiring, miscellaneous piping, exhaust fans, duct piping and ladder. The lift station would then be filled with sand. Demolition also would require the abandonment in place of the existing four-foot diameter by 20-foot deep wet well manhole, which also would be filled with sand. The upper 15 inches of the existing 8-foot diameter by 16-foot deep wet well also would be removed and filled with sand. An existing generator, located southerly of the existing lift station, would remain in place and would serve as a back-up power source for the proposed lift station. Finally, some removal and replacement of existing sidewalk and roadway pavement would occur in association with proposed demolition activities. Please refer to Figure 4, Existing Lift Station Demolition Plan, for a graphical depiction of the proposed demolition activities. The proposed facility would be constructed at the western end of San Lorenzo Avenue, immediately north of Segerstrom Avenue and south of an existing alley. As part of the construction of this proposed facility, some demolition activities would occur, as depicted in Figure 5, Proposed Lift Station Demolition Plan. Demolition activities would include the removal and disposal of existing pavement, curb, and gutter (both within the existing alley, the western end of San Lorenzo Avenue, and the northern edge of Segerstrom Avenue); the removal of existing trees and landscaping; the removal of an existing six-foot tall block wall; and the removal of an existing power pole. During construction activities a temporary construction easement is proposed to be located within an adjacent parcel (APN No. 410- 411-19) comprising approximately 900 s.f. in size. Figure 6, Temporary Construction Easement, depicts and describes the area proposed for the temporary construction easement. The temporary construction easement is necessary to allow for the removal of the existing solid block wall and to facilitate the construction of a new wall along with backfill and removal of shoring. Additionally, during construction of the proposed project the driveway of the property located at 2909 Bristol Street (Studio Inn) will be impacted periodically, but the access to the property will be maintained at all times and the construction of the driveway will be done one half at a time. Driveways along Segerstrom Avenue as well as the main entrance to the site from Bristol Street will not be impacted. Figure 7, Proposed Lift Station Site Plan, depicts the physical improvements proposed as part of the project. As shown, the project would require the repaving of a portion of the western end of San Lorenzo Avenue, portions of the existing alley, and a portion of Page 4 of 64 75E-8 Environmental Checklist CEQA Compliance Segerstrom Avenue, along with the construction of new sidewalks in areas where demolition is to occur. As part of the site plan, the existing wall separating the site from the existing motel use would be replaced with asix-foot tall tan block wall. The proposed lift station also would be constructed and housed within an approximate 8-foot by 30-foot block building, measuring approximately 17 feet in height. The structure would be composed of tan brick walls, with two doors providing access to the interior. The roof material would be composed of metal roofing with a simulated Spanish the pattern. Within the structure, the following facilities would be constructed: electrical panels and control center; abelow- ground wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; abelow-ground dry pit to house the pumps, motors, associated equipment and appurtenances; and a stairway access into the dry pit. As part of the design for the facility, an odor control system would be installed to preclude odors from the site. Figure 8, Proposed Lift Stafion Landscaping Plan, depicts landscaping that would occur once site improvements are completed. As shown, some existing landscaping along Segerstrom Avenue would remain. Proposed landscaping would be concentrated in a triangular area located between the proposed lift station and the sidewalk along Segerstrom Avenue, and would include the planting of several 24-inch Brisbane Box trees, along with shrubs and groundcover (including Silverberry and Autumn Sage). Figure 9, Proposed Lift Stafion Visual Simulation, provides a graphical depiction depicting the site under existing conditions and provides a comparison to what the site would look like upon completion of the improvements proposed by the project. As part of the proposed project, the City of Santa Ana will acquire title to approximately 292 s.f. of private property for the proposed project, which is currently owned by Santa Ana California Lodge, LLC (Studio Inn, APN No. 410-411-19). An exhibit showing the private property to be acquired for the proposed project is included as Figure 10, Acquisition Area. The private property would be acquired by the City in any manner authorized by law, which in proper circumstances could potentially include adoption by the City Council of the City of Santa Ana of a resolution of necessity. Additionally, it should be noted that the area proposed for acquisition would overlap with a portion of the area proposed for the temporary construction easement shown on Figure 6 and described above. The project also proposes the construction of 1,300 lineal feet of new 15-inch to 18-inch sewer mains and appurtenances. Construction of these new facilities would occur within the right-of-way of Bristol Street and Segerstrom Avenue, and would be necessary to re- connect several existing sewer mains to the new pump station at San Lorenzo Avenue. X. Surrounding Land Uses and Setting: The project site is located within an urban developed portion of the City of Santa Ana. East of the proposed lift station site, and north of Segerstrom Avenue, land uses are dominated by single-family residential uses. South of Segerstrom Avenue and east of the site is the Saddle Back High School, with residential uses located adjacent to the high school on the west side. Immediately west of the proposed lift station site is an existing motel (Studio Inn). Land uses north and south of Segerstrom Avenue westerly of the proposed lift station site include primarily commercial retail land uses. Commercial land uses also characterize Page 5 of 64 75E-9 Environmental Checklist CEQA Compliance the area adjacent to the existing lift station site that is proposed to be abandoned as part of the project. Under existing conditions, the proposed lift station site consists of an empty parcel of land that has been improved with concrete sidewalks that are in need of repair or replacement. An existing power pole also is located within the proposed improvement area. The site is currently an unimproved dirt area at the abandoned end of San Lorenzo Avenue. The sidewalk along Segerstrom Street also is in need of repair, and includes an existing manhole that is raised above the sidewalk by approximately four inches. XI. Other agencies whose approval is required. There are no other agencies whose approval is required. Page 6 of 64 75E-10 ^• SAN LORENZO LIfT STATION IVIND . ~' ~ r _ " se/ t _~ __ ~__ ._-~ t f _ , Or n e -- -- a g ~39; 1 ~ _ - _ .~ . f y r~ ~ 55 E . ffi~ J ' --- ._. _~ r j t':~E~, thills E __.- - i r d dl ~ a yl ' V l __ -_ - ~ 'We trrn~s~er 5.. ~ ~, _ '' ._ i ~.1, Santa An ~ ,.- .r~'- ~ 1. -- i ,~Jr ! ~ ~\ r F unt 'n alley ~, ~ _ -- , /~ ~/r a C Tu tfr7 Marine; orp. _ Au S'tafion ,~ ~~~ l' _ , t ~, ,y . -,, ;~~ / , _ ~ohn, Wa yrie Airport ~.~s ` Costa ~,, esa ',, ~ -'~ I i rv , e ~.~ r ~' r r _ ,~`s=• ~' ~ ~ ^~ `,,J h a \ - ' ~ ewport - ea h ''~ ~ N ~ SOUR<[: ESR, US CENSUS BUREAU 'j, ro FIGURE ~ ~ VICINITY MAP PAGE 7 of 64 75E-11 ^n^ SAN LORENZO LIFT STATION MND .I ~ ~:, -- :r , i - ,h B ;, -°:r k e ~ ~" Ik 3~ ^ { r y, ~~' ` i ~] .br !' r ai .-- i s ~ C' $ _, ; ~ ~ .~ -~ PAC C p r ~ ,' ..n'Z~~ _ .- ~McFa4den -2 •.• ! ~ ~ ~ ~,• 1 ~vs. i ~ ~.. ~r i1fRh9rb,tn • ~ ~ ~~± .• ~ ` _ f SEE ~ Existing `;, ~ : ~ t;,fir ~ Prop . ' :1 ;ti _i • e .~T~ - " • ' ';~~-r5' ~ `fit '`~ r.~ San L~ nz _~' ~"-~ .i• ~~ ~ :tt y ~~ ~~,~r ~ S ~ ,,,~ o ,..~ ~ ~ ~ ,Lifer tati Lift. bu. r,e~ ~~~ ~r~ .. ~ - F.:,>. ~ . ~~ ~~, ~ ~ ~. ~a ~ i ~ ~~ ' catio~1, Location I o ~, '' ' =~~:~ ,. , ~t~' ~wctdr,r - wvE 'A~ ~ ~ '~~ ~ ~ ~, ~.. ~ ._~ ~~ M ~ _ ~. 1 ~a , b,. ~- ~ _ ~! ? r ~ ~ G ~ ~ .,. ,~ _ , - .__ ..T_. r w + ~ -.~ - I P _ r .~ _ , t. -. suitown .'"':ive 5u~lrtwn 4.~1,;' ~ ~! _ ~ ~ti I i ~: _>`~ r,'' ` P ~ x.. N ~ ~ ~~~ COSTA MESA '' ,~.''~~;= , ~ 3 5K~ t ., i ~ • ~,~ 1) _- I~ i . • '~ r1 . .,' OS) i ~~ ~ ~-, ' _. R _~ ~~ g -~.. -a. ,.r.m 'N...~c-- - ' J ~ .a.wsr-~y.^- - -- ~j~;*.-. \ `'4t~lie7erwrr yy ,:. ~x - ^ 1°~~NP~ '~ ~ YS~b Sok ~ ie~ ~ ~ If -~-s~! ~ ~• 1~ ~!` F,' - • . Souaee: USGS ro FIGURE 2 USGS MaP PAGE 8 of 64 75E-12 ^^ SAN LORENZO LIFT STATION MND ^~ AERIAL PHOTO PAGE 9 of 64 75E-13 SOURCE'. AERIAL GOGGLE EARRI 2007 rG FIGURE .3 ~ Z 3 a ~- z 0 s~ z~ t ~v &c ~~ °~ y+ Y' „ ~ ~ 4 ~ G g: 9 ~ ad ~ ~ ~F a ~ = ~ s a _ O e4~"~4 ~ ~~ r n a~$d~'tn ~~~ ~,~ ~~ ~ ~ Ma j :€C~ L'b~ey=~ '.$ « e y y ~ € ~ ~x w ~~ ' ri ~~ 3 ¥F ~~~3 i ~ W~ r u~ i~ I N z G n ~~~~~~~ £.. e - ~I r- ~` ry ~w G C~ L~5 C ~ ~~ ~" ~v&£y~£ ~~ tS ~~ ~~ '~ ~~ tl~ ! ' ~I ' ~ i o~ ~4 d b ~}}o`~ ~~LffS~ I f - - ~ 4 ~ I ~~ ~ ~~ . g ~ / /_ ~ £~ ~ x~ ~~ F ~ ~ ~, ~ d ~g $4 _ i ~ ~ Y' f F '~d ~'~ .., ke _ _. li y P ~b a ~~ ~~ _.._ z ~~ ~ ~ \ i ~ i dlz <., ~ x I Z 1 r~' ~ e ~ ~, ~ ~~ I ~ Q oa J , - ` / l ~ I ._... < w~ ~; ~ - ~ i __ -- -- °~ .- ~ e"A ~ ~ ~ ~~ ~ g Y~ pE' ~43 = j 4°s j ~ ~ ~ 1 I __~ n€ L ~ i (n ~ (a ` ~ I ~ " $ S k ~x_ \ ` i ~ h g a~8~ ,\ ~ & ~~ Z S le ~8i„ ~ ~'§ ~ ~'~v ; :Fa ~y C I ) n p~ n ~ G %3 ~ F- ~ t.~~„-`. ~~~ ~ I. tl)i d h: ~~ '. E gg 3o ~ ~ ~ S~ ~ ~y ~a ~ ^ ~~~ "~ 1 i g 33 e9= E~ ~ ~~~ ~ ~~~ e.~ ~ ~ ~ } I ~ Y~~ ~ ~~ W a ~ , 55 _ ~~y _ y x RG _ ~ lac r ^ f ~ ~ ~ ~ tl ~ E ~~ £ ~ ~~ ~ 4 ~ ~ ~. , E ~ 8y „3 a VEY y ~ ~ ~ ~ XaY e~ H ~ ~ = i ~g 4 '~" ~ ~ r G~ ~'~j } 3~3 ~°~9 '~ y~ ~~~y ~~ r: ~' g a 5i ~ q Bp ~ g€ yq~ o ^^"4 5 33 ~` ~ S~ 4 ~ ~. tl~$d € y g 5 yy y d~ ~tl c1~4u ~s { $ _ V7 0 W Z 0 LL C9 Z N X 0 6 a ay Z Q Z K J IV1 ^i~ ^^ 75E-14 N Z g a LL z 0 0 Z O 0 Z 0 J Z Q N ^~ ^^ °" ~,~ ~ S R _ g Y r s~ €~ a $~v r ~e g~g Y~" . ~ ~, ¢ ~ ~g~ i a 4 a$ ~ ~~~Y i ¢ ~a ~ F` G ~ ~~ ~ she I ° ; ~ N° ~ Y e r g 3 L t~ 3 3 ~~°~ ° 5fi ' ~ ~- c~a i ~ §q J~3 a a¢6 ~~ ~ E ~ Y°~ y ~ ~'~~ Fg '~ `{' 3 3 I 3 ~ ~ 'P' ~ ~ 5 5 3 ~~ .g,{5 y o ~ t yg°yg ~ G^ ~'{ 3 pp ~ E °/ yq yy yYy Y ~ Y E Y g '~kn ~ ~~e ~D~ ~g~' 4~£ 35 a'~~t ~~_ L~b ~~ $ 3~aS ~ ° 5~$ ~~'' U'J ~UUUJ~~UU~~O ~U §~ ~- ~s e .~~ /~ 2~6 ~~ ~ gg ~ ~ sgs a ~ ~;~z§i /~ ;a"°i/ ~' '^~ ~~ ~° 6 ego cY \ ~P y17 ~ ~\\ ~ wca"i` ~i7~JiP '~~ YR~ ~.b~~8~ 7Q -. ~ ~~ ~~ r~ s~ ~7 ~~'~3 /~ ~ cx yid . ~ ~ ~~~c~' \~ o>< \~ / s~~s~ ~: n~ ~, ~~. /' ~ J ~,~ --~----~c~ / \ ~N ~ ~a\. ~~ °4\ ~~~ .,~ C ~\ ~ \~ 4~t\ ~~ a~ \ \\ ~\ z\ U ~\ 1~ ~\ ~ \ ~~ a J ~ 5\ ~ ~I a \ \ 1,1;~ ------ ~-\- \ ~..- ~ b . ~ ~ - ~-r~ ` ` ~ ~ ~g~ °~ ,, ~ x o rv ~~ i ~ ~ _ ~~~ &.= E ~ gaa s ,e e ~ ~ ooC'k~l II i ~~~gY ~ ~~ ~_ ~~~ I Iii ~~~ ~ I fi Y ~ ~~ k~ a ~ }l iy LX~s~ ~ A ~a~~ZY~[ai = b gr ~- -. YY e~ '~ _ _. _. _._ _..._ .. _._ __ . _. _. .__ % ~Yw S~Y ~ I _'~ -- ~ _ - - -- - ~ a ~ a w pZyF- ~ Z ~ ~~S o C ~ N d . ~1 lr~ ~ ~ -,-~ I \/ • / ~ w ~ ~`\ / ~ ~~~ F ~~ ~ ~~ ~ k I" + ~ ~ e ~~ ~p ~/.~ ~' , W ~ ~g@I ' M Y ~~ Y g k G4 ~~~ ~° ~~~ I ~ ~ ': °s~5 ~3 gs4 ~~~o ~ w O z Z O LL I J p W ~ ~ ~ H W', o O N~ ~ a W z o_ o~ ~Z ~ z~ w~ ~ ~J ~ ZW UQS a s U~ Z_ =g U s: ~ ~ €P~t )~s~SS d~ T° Y~~ Xi 0 a a 75E-15 •^ SAN LORENZO LIFT STATION MND ^ ~ - HEMLOCK WAY i L 2I0' i -- ® ~ W II I I~ r + J t ~ i ~ J i tiy- ~ ~~J i a i i ~ L~ ~~ ~ ' Q 10~~ G -'I ~ ~ ~ P ~ m ° P.O.B. ' Q rn~ ~~ O ~`' PA CEL ~ i o N B J ~ ~ Q I ~ cn / x. ~ I ~~ ~ - ~, NEE ,~- ~ ~ , ~ ERSIROM ~ -j9 k P.O.B. ~,--~- ~ _ SEG ~ ~ / ~ / ----~-- _ -_ _ - DETAIL L2 - - ~ N TS L4 P C O . . . .,~ ~ v , / PARCEL ~ ,~ ,> B ~> J J L L7 ~ ~ ~ - J , ~~~ ~ - P.O.C. /" EXHIBIT B SANTA ANA q. P . N 0. 410 - 411-19 P^ TEMPORARY CONSTRUCTION `~`~`~ ~~~ EASEMENT SOU,RCC: PUBLIC WORKS AGENCY (OGi. ZOOS) j o FIGURE 6 T TEMPORARY CONSTRUCTION EASEMENT PAGE 12 of 64 LINE TABLE LINE BEARING LENGTH L1 N01'43'58"E 92.32 L2 N88'16'02"W 10.00 L3 S34'45'49"W 1.89 L4 N88'16'02"W 27.47 L5 S01'43'58"W 43.58 L6 S09'57'23"W 13.38 L7 N88'16'02"W 19.36 L8 S01'43'58"W 23.05 75E-16 ~O Z ' ~ g' a LL fN Z a z a z n J L a O a a \ '~= e \ ~~\ e ' : e €~ fie i $ ~ ?g a 8q y - y ~§eags ~ y _ s k =#_~ ~ ~' ayey a: ~ s!"3~ ~ p3 S x ~ ~ - ~ 3m ~~ a~~i a g ~~ S&&§a c} a 2 ~___` S I}e NM 'I~ Y ~ ' m 3 ~ o 4K ~ ~ y ~~ c~ '3x~"a $~g9 ay fir= 94 b ; ~S ~ 98 nl u"u I '~C 7]~ .. ~ = Y ~ 5 ~~~u B~ `°~` 3G T ~ 5.~ ~~.\ is ._ (~ ~ ~ S ~ yv k~ ~g 4 a ~I ~~ ~~b G ~~ ~ 3g~~ ~g~ ~~ B ~Y ~ 9~w ~R~ Z ~ ~ O [ 6 c ~$ €C Lib ~E. .~~,~ ~ ~ p pp p y 3 g' ~~~ Bm_R~.~' ~ R ~ ,. ~ n 3yaG g ~ U N N b o ~ 0 0 0 0 ~ ~ o~ 0 0 0© ~r ~ ~ ~ c ' / ~q J~ r~l R / ,I i ,~~ i 5~ "li ~. _ L~ `~ _ / f ~ ti --77 ~~ ~ ~^` „ ~ ~ ' ~~ ~= rv I __~_____ '~ Y ~ 4 a .,R ~~ `J~ Z~ x ,~ ri m v ~ ~ ,~ / j q o d s b' ~ r i ~l C ` RI i~ R~y~ u ~ ~ ^~~ `~I _ F ` F _~ a 1 Lf - Z1~~7 ii.- ~C`Lti_ i R ~-- ---- _ ^E ~ ` -u `~ ` _ __._ -- - ~' -- -- --- t ~ - _ m_ _a~ _ ~ Vg ~ R A~ j I~ ~ €~ ~~6 •~~~ ~~ ~~ < < ~, y O _ __. ~'~ = ~Y „ o 3$ ~NH ~ U y ~ Z~ 1 N W ~~ 4 ~ O a~Ca N a ?3 _ #e ~ ~n~° ~ ary „ FW r °Y ~ ~ 1 75E-17 n z a z z ~z9~$„ a r ~ ~ ~ a e ~~~~~~ ~~~~~~~°~ ~ ~ ~~~Yyy~~° x~ycy~$~[i[~ygy~ 8 ~~ b F ~` ~gg g~~€4yRC~ ~czRY~°F~ ~ Y ~~ 3 A ~~ 32~~~~f ~~~g~gs ~ bbb `~~ ~ ~s~$~~~ ~~~~~~;~tg°tg ~ ~~ ~" i ~ ff ~ i p ~~ ~~3Y ~~ ~~" ~; ~~ e ~€~ ~~ ~~~ 3 4 ~~~ ~~" ~~ ~ O z 0 z z ^^ ^^ U ~Q J z LL J Q Q. v O a` ~~~~~ ~a ~i R ~ 3 ~,~~ 3 ~t;~~~~ic ~ z f, fat ^ W !~t • ~ ~ a ~ w ~ O N Z N W ~ K - O ~, ~ ~2 F- ~ Z ~\ 76 a ~ r \ / ~ w~ ~ ~f1 ° w o~ ~~ w `\ N ~~ ~ 72~\ i 7~ \ ~ _ cw~~P ~a', ~ kF ____ __ ~~\, n -~ ~311`d ~ --- --~ -- 1~_ -~ ~' \ ~ ~ ~~ i i ~ i -- -_~ i ~; i - i 1 75E-18 t ` 1E 3 _ i ~~ 4 `?~ ~ y ~~~ R Ar y ~ s ~ z` s~`~ :` t f _~.- ~ y«. YT £ ~. "~.. ~~~ ,,, ry~ tv ~~ f `' ~t ~. '. ~ , W C ~ ~_9 .. i'y ~ -~ ~* a; $i x ~ t R~'~ ~ T i ~ -. x . ~ ~~: ~ "j ti~ :; , ~ ';~ S tZ 75E-19 ~~ ~ SAN LORENZO LIFT STATION MND ~i Ac6~UISITION AREA PAGE 16 of 64 75E-20 ®- i-~ ~ FIGURE "~;' ', Environmental Checklist - CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics 0 Mineral Resources O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and hazardous Materials 0 Hydrology and Water Quality O Land Use and Planning O Noise 0 Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. 0 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 zarlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Page 74 of 64 75E-21 Environmental Checklist CEQA Compliance CEQA Consultant (Document Preaarerl: Jeramey Harding Senior Project Manager T&B Planning Consultants, Inc. 17542 E. 17t Street, Suite 100 Tustin, CA 92780 (714) 505-6360 Lead Agency Contact: Steve Worrall Senior Civil Engineer Water Resources Division City of Santa Ana Public Works Agency 220 S. Daisy Ave. Santa Ana, CA 92703 (714) 647-3319 Page 18 of 64 75E-22 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). ll. Ail 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. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Signifcant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Negative Declaration: 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 mus# describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (V) below, may be cross-referenced). V. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a} Earlier Analysis Used. Identify and state where they are available for review. b} impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c} Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. VI. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances}. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Vlf. Supporting Infiormation Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Vllt. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. IX. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Pie 19 of 64 75E-23 Environmental Checklist CEQA Compliance issues 8~ Supporting Information Sources I. Aesthetics -Would the project: A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to, trees, rock outpourings and historic buildings within a state highway? C. Subs#antially 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? Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ ^ ^ ^ ^/ ^ ^ ^/ ^ ^ D ^ p 11. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Cal'rfomia 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. Conven` Prime Farmland, Unique Farmland or ^ ^ ^ ^/ Farmland of Statewide Importance (Farmland) to non- agricultural use? (The Farmland Mapping and Monitoring Program in the Califomia 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? 111. 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? Page 20 of 64 75E-24 - " ";' ; Environmental Checklist CE QA Compliance B. Violate any stationary source air quality standard or / contribute to an existing or proposed air quality violation? Issues & Supporting Information Sources Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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)? l3. Expose sensitive receptors to substantial pollutant ^ ^ ^/ ^ concentrations? E. Create objectionable odors affecting a substantial ^ [/] ^ ^ number of people? 1V. 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 focal or regional plans, policies or regulations or by the Califomia 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. l"ish 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 internaption, or other means? D. Conflict with any local policies or ordinances CI ^ ^ ^/ protecting biological resources, such as tree preservation policy or ordinance? Page 21 of fi4 75E-25 - "~"~' ' Environmental Checklist 1 ! CEQA Compliance Issues 8~ Supporting Information Sources 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? D. Disturb any human remains, including #hose interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of lass, 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 ar 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? Less Than Significant Less Potentially with Than Significant Mitiga#ion Significant No Impact Incorporated Impact Impact ^ ^ ^ o ^ ^ ^ o ^ ^ ^ ^/ ^ ^ ^ a ^ ^ ^ ^/ ^ ^ ^ a ^ ^ ^/ ^ ^ ^ ^ o ^ ^ 0 ^ Page 22 of 64 75E-26 - "' ~ Environmental Checklist ~~ CEQA Compliance C. Would the project result in the loss of a unique / geologic feature? D. is the project located on strata or soli 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? Issues & Supporting information Sources E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? Less Than Significant Less Potentially with Than Significant Mitigation Significant Impact Incorporated impact ^ ^ ^ VII. Hazardous and Hazardous Materials -Would the project: A. Create a significant hazard to the public or the ^ environment through the routine transport, use or disposal of hazardous materials? B. Create a significant hazard #o the public or the environment thought reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? D. Be located on a site whichs located on a fist 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? E. 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? Page 23 of 64 No Impact ^/ ^ ^/ ^ ^ ^/. ^ D ~ ^ ^ ^ D ^ ^/ a 75E-27 - "' ; ~ ; Environmental Checklist CE QA Compliance F. For a project within the vicinity of a private airstrip, / would the project result in a safety hazard for people residing or working in the project area? G. Impair implementation of or physically interfere with ^ ^ ^ /^ an adopted emergency response plan or emergency evacuation plan. H. Expose people or structures to a significant risk of ^ ^ ^ /^ loss, injury or death involving wildland fires, including where wi{dlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Issues $~ Supporting Information Sources Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact incorporated Impact Impact VIII iHydrology 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, in a manner, which would result in substantial erosion or sitation on or off-site? q. 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? E. Create or contribute runoff water which would ^ ^ ~ ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-ofY? Page 24 of 64 75E-28 - ~~ ;~ ; Environmental Checklist CEQA Compliance F. Otherwise substantially degrade water quality? / G. Place housing within a 100-year floodplain, as ^ ^ ^ ^/ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year flaodplain structures which ^ ^ ^ ^/ would impede or redirect flood flows? I. Expose people or structures to a significant risk of ^ ^ ^ ^/ foss, injury or death involving flooding, including flooding as a result of failure of a levee or dam? J. inundation by seiche, tsunami, or mudflow? ^ ^ ^ Q Issues 8 Supporting Information Sources IX. Land Use and Planning -Would the project: A. PhysicaNy 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 known mineral resource that would be of value to the region and the residents of the state? B. Result in the loss of availability of a locally important mineral resource recavPry site delineated on a local general plan, specific plan or other land use plan? XI Noise -Would the project result in: Less Than Significant Less Potentially with Than Significant Mitigation Significant No impact Incorporated impact Impact ^ ^ ^ ^/ ^ ^ ^ ^/ ^ ^ ^ o ^ ^ ^ o ^ ^ ^ o Page 25 of 64 75E-29 0 - " ';T ; Environmental Checklist CEQA Compliance 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? Issues & Supporting Information Sources 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? F. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise level? Xll. 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 ar 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? XIII. Public Services Less Than Signrficant Less Potentially wi#h Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ o ^ ^ ^ ^/ ^ ^ ^ ^/ ^ ^ ^ ^/ ^ ^ ^ Page 26 of 64 75E-30 Environmental Checklist CEQA Compliance 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 govemmental 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: 7. Fire protection? 2. Police protection? 3. Schools? 4. Parks? 5. Other public facilities? Issues & Supporting Information Sources XN. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation !Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase h either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? Page 27 of 64 o ^ ^ o ^ ^ ^ D ^ ^ ^ ./[~ ^ ^ ^ o ^ ^ ^ ^/ Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ a ^ ^ ^ Q ^ a ^ ^ 75E-31 - " ;' ; Environmental Checklist 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? C. Result in a change in air traffic patterns, including ^ ^ ^ ^/ either an increase in traffic ~vels 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)? Issues & Supporting Information Sources XVi. Utilities artd 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 ar expanded entitlements needed? Less Than Significant Less Potentiatiy with Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ a ^ ^ ^/ ^ ^ ^ ^ ^/ ^ ^ ^ ^/ Page 28 of 64 75E-32 - " ';' ; Environmental Checklist CEQA Compliance E. Result in the determination by the wastewater / treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? F. Is the project served by a landfill with sufficient ^ ^ ^/ ^ permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ^ ^/ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ^ ^ ^/ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Issues & Supporting Information Sources Less Than Significant Less Potentially with Than Significant IVlitigation Significant No Impact Incorporated Impact Impact 8. 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 aarrent 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? Page 29 of 64 75E-33 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. 1. Aesthetics Sources: Building Specifications; Figure 9; Santa Ana General Plan; Municipal Code. Would the project: A. Have a substantial adverse effect on a scenic vista? Findin No Impact. Analysis: The proposed project site is located within a developed portion of the City of Santa Ana, and is surrounding by existing developments. There are no scenic vistas identified by the Santa Ana General Plan or any other policy documents for the surrounding area. In addition, there are no topographically significant landforms or other features in the surrounding area which would qualify as a scenic vista. B. Damage scenic resources, including but not limited to, trees, rock outcroppings and historic buildings within view of a state-designated or eligible scenic highway? Finding: No Impact. Analysis: The proposed project site is located approximately 1.25 miles northeast of the nearest highway, State Route 55. Due to intervening development, the proposed project would not be visible from this highway. In addition, the project would not damage any scenic resources (i.e., rock outcroppings and historic buildings}. Although a street tree would be removed as part of the demolition activities at the proposed lift station site, fihis tree is not visible from any scenic highways and is not considered to be a scenic resource. In addition, the street tree would be replaced upon completion of the proposed project. No impact would occur. C, Substantially degrade the existing visual character or quality of the site and its surroundings? Finding: Less than Significant impact. Analysis: Figure 9, Proposed Lift Stafion Visual Simulation, depic#s the proposed project site under existing conditions, and provides a comparison with views of the site upon implementation of the proposed project. As shown, under existing conditions views from the site are of an existing motel Eocated adjacent to the site. Within the proposed improvement area, the existing sidewalk is in a state of disrepair. An existing power pole and road sign also are present in the view, as is an existing street tree. An existing manhole is clearly visible in the foreground Page 30 of 64 75E-34 Responses to Environmental Checklist For CEQA Compliance and extends above the existing sidewalk. An existing light-pink six-foot block wall currently abuts the western and northern boundaries of the site. As depicted on Figure 9, with implementation of the proposed project, the visual character of the site would generally be improved. The existing dilapidated sidewalk would be replaced with new sidewalk along the project's frontage with Segerstrom Avenue. Portions of the existing pavement within San Lorenzo Avenue would be replaced, generally improving the appearance of the roadway. The proposed lift station building would partially obstruct existing views of the motel, but the architectural characteristics associated with the proposed structure (i.e., light-colored brick walls with aSpanish-style roof) would not result in a substantial change to views in the project area. Finally, and as depicted on Figure 9, proposed landscaping improvements would enhance the general appearance of the project area. In sum, improvements proposed by the project would result in a generally positive change to the existing visual character and quality of the site and its surroundings, and impacts would not be significant. D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Finding: No Impact. Analysis: Construction activities for the proposed project would only occur during the daylight hours, as nighttime construction activities would be prohibited by the City's Noise Ordinance (Part II, Chapter 18, Article VI, Section 18-314(e) of the City's Municipal Code}. Therefore, no night lighting during construction activities would be required. As part of the proposed project, two 32-Watt exterior lighting fixtures would be insta{led on the southern and eastern faces of the proposed lift station structure. The proposed 32-Watt lamps to be installed on the building would not result in the substantial generation of light. In addition, the proposed lighting fixtures are similar to existing street lights already located along Segerstrom Avenue. Further, Segerstrom Avenue is ahigh-volume roadway, and vehicle headlights already create sources of fight which far exceed that which would be produced by the proposed fixtures. Additionally, architectural elements associated with the proposed pump station building would not create any new sources of glare. Although the roof is proposed to be constructed out of metal materials, it also would be colored in a manner consistent with Spanish clay tile, which would effectively preclude the generation of glare. Therefore, implementation of the proposed project would not create a new source of substantial light ar glare which would adversely affect day or nighttime views in the area; significant impacts would not occur. Page 31 pf 64 75E-35 Responses to Environmental Checklist For CEQA Compliance II. Agricultural Resources Sources: Building Specifics#ions; OCGP Resources Element Figure V1-1 (Prime Farmland in Orange County), OCGP Resources Element Figure V!-2 (Orange County Agricultural Preserves); FMMP. Would the projec#: 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.) Finding: No Impact. Analysis: The State Department of Conservation's Farmland Mapping and Monitoring Program (FMMP) identifies soils throughout the state and rates those soils according to agricultural productivity potential. The project area is mapped by the FMMP as "Urban and Built-Up Land," which is defined as, "Land occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel." As such, the project area does not contain any lands designated by the FMMP as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and implementation of the proposed project would not result in any impac#s to important fam~land types. B. Conflict with existing zoning for agricWtura! use or a Williamson Contract? Findin No Impact. Analysis: As identified by the Orange County General Plan, Figure IV-2, Orange County Agricultural Preserves, the project area does not contain any agricultural preserves or Williamson Act Contracts. In addition, zoning in the project area comprises a mixture of residential, public, and commercial land uses, and no lands within the project vicinity are zoned for agricultural use. Therefore, implementation of the proposed project would not conflict with existing zoning. for agricultural use or a Williamson Act 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? Finding: No Impact. Analvsis: The project area is primarily urban in character, and there are no active agricultural uses that would be affected by the project. As such, implementation of the proposed project would not result in other changes in the existing environment which could result in the loss of Farmland to anon-agricultural use. Page 32 of 64 75E-36 Responses to Environmental Checklist For CEQA Compliance Ill. Air Quality Sources: Building Specifications; SCAQMD AQMP; SCAG RTP; CARB. Would the project: A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Pian? Findin No Impact. Analysis: The project site is located within the South Coast Air Basin {SCAB). Air quality control in the SCAB is regulated by federal, state, and regional control authorities. The U.S. Environmental Protection Agency (EPA) is involved in local air quality planning through the Federal Clean Air Act (CAA), as recently amended by the Clean Air Act Amendments {CAAA) of 1990. At the state level, the California Clean Air Act of 1988 set air quality planning and regulatory responsibilities for the SCAB. The California Air Resources Board (ARB) is charged with the responsibility for coordinating efforts to attain and maintain ambient air quality standards. At the regional level, the South Coast Air Quality Management District (SCAQMD) has responsibility for preparing and periodically revising their Air Quality Management Plan {AQMP), which contains measures to meet state and federal requirements. The CAAA of 1970 established national ambient air quality standards (AAQS) with states retaining the option to adopt more stringent standards or to include other pollution species. Because California already had standards in existence before federal AAQS were established, and because of unique meteorological conditions in California, there is some diversity between state and federal standards currently in effect in California {see Table 1 }. The applicable Air Quality Attainment Plan in the project area is the South Coast Air Quality Management District (SCAQMD} 2007 Air Quality Management Plan {AQMP). Because construction ac#ivity is an ongoing existing activity in the Basin, emissions associated with construction activity are accounted for as part of the AQMP's existing regional inventory. The AQMP targets stationary sources and stationary source controls. The proposed project does not directly relate to adopted air quality standards because sewer lift stations are not considered stationary sources of air quality pollutants, as the Eift station would be powered by electricity and not fossil fuels. In addition, the AQMP does not contain emission reduction measures for such improvements. The proposed project a#so would not accommodate substantial growth in the area, both because the project area is largely built-out and because the project is merely removing and replacing an existing lift station. Therefore, because the proposed project is not considered a stationary source of air pollutants, does not involve an increase in population, housing, or employment, and because there are no air quality programs or regulations regarding sewer lift stations, the project would not have the potential Page 33 of 64 75E-37 Responses to Environmental Checklist For CEQA CompNiance to conflict with or obstruct the implementation of the SCAQMD AQMP. For these reasons, significant impacts would not occur. Table 1, Ambient Air 61tx~lity Standards ~. - .. - .. .. 0.09 ppm (180 1 Hour ~ /m3 Same as Ozone (03) 0.07 ppm (137 0.08 ppm (157 Primary 8 Hour 3 Eg/m Eg/m ) Respirable 24 Hour 50 Eg/m3 150 Eg/m3 Same as Particulate Matter AAM 20 >;glma __ Primary PM,o Fine Particulate 24 Hour -- 35 ~glm Same as Matter (PMZ,~) AAM 12 E /m 15 E /m Primary Carbon Monoxide 8 Haur 9.0 ppm (10 Eg/m) 9 ppm (10 ~g/m) None (CO) 1 Hour 20 pm 23 E /m 35 ppm (40 Eg/m ) Nitrogen Dioxide AAM 0.03 ppm (56 Eg/m3) 0.053 ppm (100 ~ /m) Same as {NOz) 1 Hour 0.18 ppm {338 _ Primary >Jglm ) 0.03 ppm (70 AAM -- Eg/m3) -- 24 Haur 0.04 ppm (105 0.14 ppm (365 __ E m ~g/m ) Sulfur Dioxide (SOZ} H 0.5 ppm 1300 our 3 -- -- Eg/m ) 1 Hour 0.25 ppm (655 l -- -_ m } Eg 30 Da Average 1.5 > Im -- -- Lead Calendar Quarter -- 1.5 Eg/m3 Same as Prima Extinction coefficient of 0.23 per kilometer Visible Reducing -visibility of 10 miles Particulates $ Hour or more due to particles when relative humidity is less than 70 ercent, Sulfates 24 Hour 25 Eg/m Hydrogen Sulfide 1 Hour 0.03 ppm (42 Eg/m ) Vin I Chloride 24 Hour 0.01 ppm {26 Eg/m3) 1. AAM =Annual Arithmetic Mean. Source: Califomia Air Resources Board (2122/2007) The prevailing Congestion Management Plan in the project area is the Southern Califomia Association of Governments' (SCAG) 2004 Regional Transportation Plan (RTP}, which set forth a series of policies for managing the flow of traffic throughout the SCAG region. Long-term operation of the sewer pump facility and appurtenances would not generate substantial traffic volumes which could interfere with the goals or policies of the RTP. Implementation of the proposed project also would not interfere with any public transportation facilities or policies. Page 34 of 64 75E-38 Responses to Environmental Checklist For CEQA Compliance As such, significant impacts due to a conflict with a Congestion Management Plan would not occur. B. Violate any stationary source air quality standard or contribute to an existing or proposed air qualify violation? Findin : Less than Significant Impact. AnaIVS_is: The SQAMD, in its CEQA Handbook, publishes air quality thresholds to determine if a project would have a significant air quality impact. These thresholds are shown in Table 2. Table 2, SCA6ZMD Emissions Slgnlffcanc® Thresholds pbs/day~ ~. . ROG 75 s.- . . 55 NOx 100 55 CO 550 150 PM-10 150 150 PM-2.5 55 55 SOx 150 150 Lead 3 3 Source: SCAQMD CEQA Air Quality Handbook, November 1yy3 Kev. Temporary construction activity emissions would occur during demolition of the existing sewer lift statian and during construction of the proposed lift statian. Such emissions include on-site generation of dust and equipment exhaust, and off-site emissions firom construction employee commuting and/or trucks delivering construction materials. Potentially significant air quality impacts associated with the project's short-term construction activities are discussed below for each pollutant. In the long-term, the proposed new sewer lift station would merely replace and upgrade an existing sewer lift station located 700 feet to the west. As such, there would be no net increase in criteria pollutants with long-term operation of the proposed project, and impacts would not be significant. PM~o and PM,S Dust is normally the primary concern during construction of infrastructure. Because such emissions are not amenable to collection and discharge through a controlled source, they are called fugitive emissions. Because of the inherent uncertainty in the predictive factors for estimating fugitive dust generation (soil silt content, soil moisture, wind speed, area simultaneously disturbed, number of construction vehicles, etc.), regulatory agencies typically use one universal default factor based on the area disturbed assuming that all other input parameters into emission rate prediction fall into mid-range average values. Page 35 0# 64 75E-39 Responses to Environmental Checklist For CEQA Compliance Using the dust emissions factor developed by EPA for grading activities, the PM,a fraction of fugitive dust emissions are predicted to be around 55 pounds per day per acre disturbed in the absence of any dust control measures being applied (SCAQMD Handbook, Table 9-2}, Mandatory measures required by South Coast AQMD Rule 403 (Fugitive Dust) are generally assumed to reduce this rate by approximately 50%. Average daily PM,o emissions during site grading and other disturbance are stated 9n the SCAQMD Handbook to be 26.4 pounds/acre. According to the California Air Resources Board (ARB}, PM2.~ is normally considered to comprise up to 40% of PM~o in urban areas, such as the proposed Project area. These estimates are based upon required dust control measures in effect in 1993 when the AQMD CEQA Air Quality Handbook was prepared. Rule 403 was subsequently revised to require use of a greater array of fugitive dust con#rol on construction projects. Use of enhanced dust control procedures such as continual soil wetting, use of supplemental binders, early paving, etc. can achieve substantially higher dust contra) efficiency. PM-10 emissions were calculated by assuming that construction activities would comprise approximately 0.1 acre for the proposed lift station, an additional 0.1 acre for demolition of the existing lift station, and an additional 0.05 acre of disturbance associated with the construction of new sewer pipelines. Thus, the total area estimated for disturbance would be approximately 0.25 acre. Assuming the entire impact area is under simultaneous heavy construction, construction of the proposed project could result in emissions of up to 6.60 pounds of PM~o and up to 2.64 pounds of PM2,5 per day. As shown in Table 2, these values are far below the significance thresholds established by the SCAQMD for these criteria pollutants, and construction emissions associated with PM~o andlor PM2.5 would not be significant. Equipment Exhaust Construction equipment entails the use of internal diesel-powered combustion engines which are not regulated in terms of allowable emission levels. Equipment exhaust would be released during project construction activities from mobile sources. Diesel-powered construction equipment would create gaseous and particulate tailpipe emissions that are not regulated by smog control rules such as for on-road sources. Emissions associated with diesel-powered construction equipment (backhoes, cement trucks, portable compressors, etc.) and associated with vehicles used by workers commuting to the job site would occur. Assuming an average amount of energy expenditure of 4,000 brake- horsepower hours per day, the daily pollutant emissions from equipment exhaust would be as follows, which are below significance thresholds: Reactive Organic Gases (ROG) -11.0 Carbon Monoxide {CO) - 125.0 Nitrogen Oxides (NOx) - 50.0 Sulfur Dioxide (SOx) - 2.5 These emission levels are small and the mobile nature of construction equipment is such that no single receptor would be exposed to equipment emissions for any Page 3& of 64 75E-40 Responses to Environmental Checklist For CEQA Compliance extended period of time. There may be localized instances when the characteristic diesel exhaust odor is noticeable from passing trucks or nearby heavy equipment, but such transitory exposure is a brief nuisance and would not threaten air quality standards. Reactive Organic Gases (ROG) Construction activities also generate evaporative emissions of Reactive Organic Gases (ROGs} from paints, asphalt and other coatings. Materials such as asphalt, paints and solvents are not anticipated to be used to any measurable degree as part of the proposed project; thus, VOC emissions would be small and would net exceed the SCAQMD threshold of 75 pounds per day. Global Climate Change Gases that trap heat in the atmosphere are often called greenhouse gases, analogous to a greenhouse. Greenhouse gases are emitted by natural processes and human activities. The accumulation of greenhouse gases in the atmosphere regulates the earth's temperature, and without natural greenhouse gases, the Earth's surface would be about 61°F cooler. Emissions from human activities such as electricity production and vehicles have elevated the concentration of these gases in the atmosphere. Although these is some disagreemer~fi-among experts, data has shown that this anthropogenic increase in atmospheric greenhouse gas concentration is a likely contributor to increases in the Earth's temperature, called Global Climate Change or Global Warming. Thresholds of significance have not been established under CEQA to evaluate the impact a project may have on Global Climate Change. Generally, even a very large individual project cannot generate enough greenhouse gas emissions to measurably influence global climate change. A project participates in this potential impact by its incremental contribution combined with the cumulative increase of all other sources of greenhouse gases, natural and human-made, which when considered together, form global climate change effects. The proposed project would involve the demolition of an existing sewer lift station and the construction of a new lift station. During construction of the proposed project, there would be some emissions known to be associated with greenhouse gases. However, during long-term operation of the proposed project, any increase in greenhouse gas emissions associated with the proposed lift station would be off-set because emissions associated with the existing lift s#ation would no longer occur. Thus, upon project completion, there would be no net increase in greenhouse gas emissions. 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 quan#itative thresholds for ozone precursors)? Finding: Less than Significant Impact. Page 37 of 64 75E-41 a Responses to ~~ Environmental Checklist ~~ For CEQA Compliance Analysis: Table 3 presents the current status of the South Coast Air Basin (SCAB), which includes the proposed project area, in relation to federal and state criteria pollutant attainment. As shown, the SCAB does not achieve federal standards for carbon monoxide, PM,o, or PM2.5, and fails to meet the state standards for ozone, PMfo, and PM2.5. The SCAB recently reached attainment status for the federal standard for CO emissions. Table 3, A#tainment Status of Criteria Pollutants In the Sou#h Coast Air Basin Ozone - 8 hour standard Non-attainment -Severe 17 Not Established Ozone - 1 hour standard Revoked June 2005 Extreme Non-attainment Carbon Monoxide Tranistional Non-Attainment Attainment PM~o Serious Non-Attainment Non-Attainment PMz,s Non-attainment Non-Attainment NOz UnciassifiedlAttainment Attainment Source; CARE, Attainment Designation Fact Sheets, January 2006 Short-term construction activities represent the greatest potential for cumulatively contributing to these criteria pollutants. In the long-term, the proposed lift station would merely replace an existing lift station, such that there would be na net increase in emissions. As such, there would be no cumulatively considerable impact with long-term operation of the proposed facility. In the near-term during construction activities, the project has the potential to contribute to levels of ozone (including contribution of NOx), carbon monoxide, PM,a, or PM2.5, which could result in a cumulatively considerable increase. However, as discussed above under Issue III.B, construction of the proposed project is not anticipated to exceed the SCAQMD significance thresholds for any of these criteria pollutants. The release of NOx, carbon monoxide, PM~o, and PM2,~ when combined with other construction projects in the site vicinity, including on-going road maintenance within the City of Santa Ana and other similar projects, also is not anticipated to result in exceeding the SCAQMD thresholds far these criteria pollutants. Because construction activity is an ongoing existing activity in the SCAB, emissions associated with construction activity are accounted for as part of the AQMP's existing regional inventory. Also, the project's construction activities are required to comply with all applicable SCAQMD Rules and Regulations. CEQA Guidelines Section 15064(h)(3) specifies that "a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area in which the project is located." Thus, because the project would not emit air pollutants during operation, is consistent with the AQMP, and will comply with all applicable SCAQMD Rules and Regulations during construction, a less than significant impact would occur. Page 38 of 64 75E-42 Responses to " "~ Environmental Checklist 1 l For CEQA Compliance D. Expose sensitive receptors to substantial pollutant concentrations? Findin4: Less than Significant Impact. Analvsis: Long-term operation of the proposed sewer lift station is not anticipated to expose sensitive receptors to substantiak pollutant concentrations because sewer lift stations are not identified as a point-source emitter by the SCAQMD (because the primary source of power would be from electricity and not fossil fuels), and because the proposed lift station is intended to replace an existing sewer lift station, such that there would be no net increase in criteria pollutants that could affect nearby sensitive receptors. Sensitive receptors in the project area would include residences located north and south of the proposed lift station, and students at the high school located to the southeast. There are no sensitive receptors located adjacent to the area proposed for demolition within Bristol Street, and as such, demolition activities are not anticipated to expose sensitive receptors to substantial pollutant concentrations. Short-term construction emissions would have the potential to affect sensitive receptors located in the vicinity of the improvement area. Such impacts include fugitive dust and construction equipment emissions. As indicated above under the discussion of Issue III.B, construction activities would be well below the SCAQMD thresholds of significance for all criteria pollutants. Potential air quality impacts to sensitive receptors are therefore dominated by heavier particles that settle out on parked cars, outdoor furniture, landscaping, etc. Large particle emissions thus comprises mare of a soiling nuisance rather than any potentially unhealthful air quality impact. With prevailing daytime southwest to northeast winds, dust soiling potential is likely greatest directly north and east of the project site (i.e., towards the commercial land uses and away from sensitive residential and school uses). While temporary soiling nuisance is considered adverse, it does not constitute a significant air quality impact. E Create objectionable odors affecting a substantial number of people? Finding: Less than Significant Impact. Analvsis: A characterization of potential odor impacts from most sources is difficult because there are no instruments that replicate the unique ability of the human nose to experience a vast variety of odor character and intensity. This sensitivity varies from one individual to another and it varies with gender, age, cultural history, or with a memory of a previous odor experience. Short-term construction activities could result in the generation of odors, such as from asphalt paving, but these odors are not typically objectionable and are not anticipated to affect a substantial number of people. Such odors associated with cons#ruction activity wouid cease to be emitted from the site upon construction of the proposed new Page 39 of 64 75E-43 Responses to Environmental Checklist For CEQA Compliance lift station and appurtenances. Because odors associated with construction would be brief and transitory, impacts are determined to be less than significant. Odors from sewage systems are primarily due to inorganic or organic molecules. The #wo most common inorganic molecules are hydrogen sulfide {H2S} and ammonia (NH3). Hydrogen sulfide is the end product of decay processes of materials containing sulfur that occur during oxygen-deficient (anaerobic} decomposition. Ammonia evolves from reduction of high nitrogen content liquids such as urea. H2S is created when sewage becomes stagnant, while NH3 formation usually occurs when pH is high. Fresh sewage within the wastewater system from its disposal in a toilet or sink until it reaches the nearby pump station is still aerobic and has a neutral pH. H2S or NH3 formation is low. Some H2S can be generated within the pump chamber from organic scum or debris adhering to the wet well walls, but not in any appreciable concentration. Odor strength is described in terms of the number of dilutions with clean air that is required to reduce odor levels to where half the amount of people can no longer detect the odor. The factor is called the number of "odor units" (OU) or "dilutions-to-threshold" (D/T) in the sample. An odor of 1- 5 D/T is considered marginally detectable, 5-10 D/T is considered clearly detectable, but not yet highly offensive. When levels exceed 10 D/T and the odor is normally considered offensive, such as from sewage, a significant impact is presumed to exist. Odors may be released from the vents on a lift station and carried downwind. During the daytime, winds across the project site are mainly from west to east and during nighttime, winds are east to west. Thus, any odor-sensitive development directly east or west of the lift station would be possibly affected by odors. The distance extent of any odor "envelope" was estimated based upon normal and worst-case odor conditions. To estimate the odor level (in units of D/T} for a vent release of fresh versus stale sewage gas, an odor concentration of 30 D/T was assumed for fresh sewage, and 2000 D/T for stagnan# material. Under normal operational conditions ("fresh sewage"), the limits of marginal detestability (1 D/T) is 25 feet. The clearly offensive odor limit (10 D/T) is around 6 feet from the vent. No odor sensitive uses are located within 25 feet of the proposed lift station, thus, impacts under normal operating conditions would be less than significant. During upset conditions with stagnant sewage in the system, the zone 'of clearly offensive odor would be around 75 feet from the source. Maintaining a distance buffer of at least 75 feet from the lift station to the nearest odor-sensitive property is anticipated to maintain potential worst-case odor conditions at less-than-significant levels. The nearest residential property is located approximately 85 feet northeast of the site. Additionally, effluent would be continuously moving through the wet well with a minimum retention time. As such, it is unlikely that any significan# odors detectable above ground will be generated. However, due to the complexities in evaluating the sensitivity of nearby receptors to pa#ential odor impacts associated with the proposed facility, and given the relative close proximity (i.e., 85 feet} of Page 40 of 64 75E-44 Responses to Environmental Checklist For CEQA Compliance the nearest sensitive receptor, it is conservatively estimated that Fong-term operation of the proposed lift station may result in a significant odor impact for which mitigation would be required. Mitigation Measures: MM-~ In order to ensure that odor impacts to nearby sensitive receptors are reduced to a level below significant, a passive odor control system shall be incorporated into the design of the lift station facility. The system shall consist of an absorber vessel (drum) with activated carbon. The drum shall be connected to the wet well by PVC ducting. The air flow shall be variable and dependent on the inflow into the wet well and the raising and lowering of the water surface within the wet well. The activated carbon shall be designed so as to scrub sewage gases and remove odor-causing hydrogen sulfide gas before venting to the atmosphere through the roof of the lift station. Significance After Mitigation.: Implementation of Mitigation Measure MM-7 would ensure that future operation of the lift station facility does not expose nearby sensitive receptors to offensive odors. With incorporation of the required mitigation, impacts due #o odors would be reduced to a level below significant. iV. Biological Resources Sources: Building 5peci#ications; Figure 3. Would the project: A. Have a substantial adverse impac>y either directly or through habitat modifications, on any species identified as a candidate, sensitive or specia! status species in local or regional plans, policies or regulations or by the California Department of Fish and Game (CDFG) or U.S. Fish and Wildlife Services (USFWS}? Finding: No Impact. Analysis: The project area is characterized as an urban area that exhibits no natural habitats. As such, implementation of the proposed project would not result in any adverse impacts, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in any plans, policies, or regulations of the CDFG or USFWS. B. Have a substantial adverse impact on any riparian habitat or natural community ident~ed in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? Fin. dins: No impact. Page 41 of 64 75E-45 t ~ Responses to " `~ Environmental Checklist ~~ For CEQA Compliance Analvsis: The project area is characterized as an urban area, and all runoff within the project area is diverted into existing storm drain systems. As such, the project area does not exhibit any riparian habitat that could be impacted by the project. Likewise, there are no natural vegetation communities within the project area which could be impacted by the proposed project. Therefore, impacts to riparian habitat and natural vegetation communities would not occur with implementation of the proposed project. C. Adversely impact federally protec#ed 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? Findin No Impact. Analvsis: The project area is characterized as an urban area, and there are no wetlands (protected or otherwise) which could be impacted by the proposed project. Therefore, significant impacts would not occur. D. Confkct with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? Finding: No Impact. Analvsis: With exception of streetscape landscaping, there are no biological resources within the project area that could be impacted by the proposed construction activities. Street trees are not the subject of any local policies or ordinances, and the project's landscaping plan would adhere to all applicable City requirements. Therefore, a significant impact would not occur. V. Cultural Resources Sources: Building Specifications; OCGP Resources Element Figure VI-9 {Paleontology General Areas of Sensitivity); OCGP Resources Element Figure VI-10 (Prehistoric Archeology -General Areas of Sensitivity); OCGP Resources Element Figure VI-11 {Orange County Historical Areas). Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Finding: No Impact. Analysis: Proposed demolition activities for the existing lift station would not impact any structures or resources that are of historical significance. All construction activities would occur within ar adjacent to existing roadway rights-of-way, and Page 42 of 64 75E-46 Responses to Environmental Checklist For CEQA Compliance would not affect any existing buildings or structures other than the existing sewer lift station in Bristol Street which is not historically significant. In addition, according to the Orange County General Plan Figure VI-11, Orange Counfy Historical Areas, the project area is not located in any pre-1940 population centers and is not located within any state historical districts. Therefore, a significant impact would not occur. B. Cause a substantial adverse change In the significance of a unique archaeological resource pursuant to define Section 15064.5? Findin No Impact. Analysis: The project area is characterized as an urban area, and any archaeological resources that may have been present an-site have long since been disturbed and/or removed as a result of historic developments in the surrounding area. Construction activities proposed by the project are no# anticipated to result in ground disturbance in areas that have not previously been impacted by historic developments in the area. In addition, according to the Orange County General Plan Figure VI-10, Prehistoric Archeology -General Areas of Sensitivity, the project area is not identified as an area of sensitivity for prehistoric archeology. As such, a significant impact would not occur. C. Directly or indirectly disturb or destroy a unique paleontological resource or site? Findin No Impact. Analysis: The project area is characterized as an urban area, and any paleontological resources that may have been present an-site have long since been disturbed and/or removed. Construction activities proposed by the project are not anticipated to result in ground disturbance in areas that have not previously been impacted by historic developments in the area. In addition, according to the Orange County General Pian Figure VI-9, Paleontology -General Areas of Sensitivity, the project area is not identified as an area of sensitivity for paleontological resources. As such, a significant impact would not occur. D. Disturb any human remains, including those Interred outside of formal cemeteries? Findin No Impact. Analysis: Although no human remains are anticipated within the project area, California Public Resources Code §5097.98 requires that should any remains be identified during construction activities the County coroner must be notified, along with the Native American Heritage Commission in the event the remains are determined to be of Native American decent. Compliance with state law would preclude any significant impacts associated with the remote potential for uncovering human remains during construction. Vt. Geology and Soils Page 43 of 64 75E-47 Responses to Environmental Checklist For CEQA Compliance Sources: Building Specifications; OCGP Safety Element; Geotechnical Report; NRCS. Would the project: A. Expose people or structures to potential substanfial adverse effects, including the risk of loss, injury, or death involving: 7.j Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning map issued by the State Geologist far the area or based on other substantial evidence of a known fault? 1=finding: No Impact. Analysis: The project proposes the demolition of an existing sewer lift ,station, the construction of a new sewer lift station, and the construction of new sewer main lines as necessary to support the new sewer lift station facility. As such, implementation of the proposed project would not result in the generation of new residents or employees in the area which could be subject to adverse affects associated with earthquake faults. in addition, the project site is not located within an Alquist-Priolo Earthquake Fault Zane Map. Construction of the proposed sewer lift station and appurtenances would be required to conform to the Uniform Building Code (UBC) requirements, which include specifications to address seismic hazards. Although the lift station would be located within a region that is known for seismic hazards, including hazards associated with a rupture of the Newport-Inglewood or Elsinore Faults (located west and east of the project area, respectively), such hazards are considered to be no different from the seismic potential that characterizes Southern California as a whole. In addition, a geo#echnical report was prepared for the proposed project, and no#es have been included in the Building Specifications for the project which requires compliance with the key recommendations contained within the report. Compliance with the geotechnical report recommendations would further reduce hazards due to rupture of a known earthquake fault. Therefore, with compliance with the UBC requirements far seismic safety, and compliance with the site-specific recommendations in the project's geotechnical report, significant impacts would not occur. 2.) Strang seismic ground shaking? Finding: No Impac#. Anal Please refer to the discussion of Issue IV.A.1, above. As indicated, the proposed project would not expose new residents in the area to strong ground shaking. Although the structures proposed by the project could be subject to strong seismic ground shaking, such hazards are not considered to pose a substantial risk to the proposed structure because the structure would be constructed in conformance with UBC requirements. In addition, a geotechnical report was prepared for the proposed project, and notes have been included in the Building Specifications for the project which requires compliance with the key Page 44 of 64 75E-48 Responses to Environmental Checklist For CEQA Compliance recommendations contained within the report. Compliance with the geotechnical report recommendations would further reduce hazards due to seismic ground shaking. Therefore, a significant impact would not occur. 3.) Seismic-related ground failure, including liquefaction? Finding: Less than Significant Impact. Analysis: According to Orange County General Pian Figure IX-12, the project area is identified as being susceptible to liquefaction hazards. However, such conditions are addressed in the site-specific geotechnical evaluation, and measures have been identified to reduce such hazards to a level below significance. With compliance with the project-specific geotechnical report, as is required by notes provided on the Building Specifications for the project, impacts due to liquefaction hazards would be reduced to a level below significant. 4.) Landslides? Findin4: No Impact. Analysis: The project area is fully developed with urban uses, and the area exhibits very little topographic variation. As such, there would be no risk of landslides within the project area, and significant impacts would not occur. B. Would the project result in substantial soil erosion or the loss of topsoil? Findin Less than Significant Impact. Analysis: Construction of the proposed lift station and appurtenances would include excavation and trenching operations that could result in potential short-term erosion. Trenching at depths of approximately five to 10 feet would occur for the proposed sewer line construction, while the proposed lift station would require excavations up to a depth of approximately 30 feet below the surface. During construction, groundwater would be controlled by dewatenng. Dewatering systems would effectively intercept and remove water from the surrounding strata and prevent its entry into the excavation area; therefore, all underground and below-grade work will be performed in dry excavations, limiting the potential for erosion. Due to the temporary nature of the proposed excavation process and the implementation of dewatering, erosion impacts are not regarded as significant. At completion of the project, existing surface improvements would be replaced and/or upgraded. At project completion, therefore, erosion potential would not be increased and would be that same as that which occurs under existing conditions. C. Would the project result in the loss of a unique geologic feature? Finding: No Impact. Page 45 of 64 75E-49 Responses to Environmental Checklist For CEQA Compliance Analysis: There are no unique geologic features present within the areas proposed for demolition and/or improvement by the project. Therefore, a significant impact would not occur. D, is fhe project located on strata ar 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? Finding: No Impact. Anaivsis: The project area comprises soils that are identified by the Natural Resources Conservation Service (NRCS} as "Omni Silt Loam, Drained." According to information available from the NRCS, such soils have limitations due to shrink- . swell potential of the soil, but that these conditions can be overcome through standard engineering practices. Compliance with the site-specific geotechnical report recommendations, as is required pursuant to a note on the Building Specifications, would ensure that significant impacts due to unstable sails are precluded. 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? Finding: No Impact. Analysis: The project consists of the demolition construction of a new sewer lift sta#ion, appurtenances. As such, the proposed alternative wastewater disposal systems. of an existing sewer lift station, the and construction of sewer mains and project would not utilize septic tanks or Vll. Hazards and Hazardous Materials Sources: Building Specifications; OCGP Safety Element. Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Findina: Less than Significant Impact. Anal sis: During construction and demolition activities, use and transport of hazardous materials to the construction site would be minimal. Any transport of hazardous materials to be used during the construction process would be conducted in accordance with existing federal, state, and local regulations. For long-term operation of the project, the only potentially hazardous material transported through the site would be raw sewage, which would be pumped by the lift station to a point where it could be gravity fed to the wastewater treatment Page 46 of fi4 75E-50 Responses to Environmental Checklist For CEQA Compliance plant. One of the primary goals of the proposed project is to reduce the potential for sewer spills in the area. With the construction of the proposed facility, the potential for sewer spills would be reduced as compared to existing conditions. Routine maintenance and proper operation of the facility in accordance with manufacturer specifications, which would be conducted by the City of Santa Ana Public Works DepartmentlVllater Resources Division, would further ensure that the lift station does not expose the public to hazards associated with the transport of wastewater through the site. Therefore, impacts are evaluated as less than significant. B. Create a significant hazard to the public ar the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous material into the environment? Finding: Less than Significant Impact. Analysis: During long-term operation of the proposed lift station, there is a potential for the release of raw sewage in the event that equipment fails or the facility is not properly maintained. Any such occurrences, however, would likely result only in temporary odor impacts, and would not expose residents directly to raw sewage because any such spills would be confined to below-ground spaces not accessible by area residents. There are no freshwater wells in the area that could be impacted by such occurrences. Should any spills a# the site occur, the City of Santa Ana Water Division would be notified by surrounding residents, and any such occurrence would be addressed by the department. Therefore, implementation of the proposed project would not create a significant hazard to the public due to reasonably foreseeable accident conditions involving the release of hazardous materials into the environment. C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? Findin Less than Significant Impact. Analysis: The proposed lift station would be located approximately 0.7-mile northwest of an existing high school. As indicated above under the discussion of Issue VII.B, although there is a potential for raw sewage to be released into the ground as a result of potential accident conditions, such circumstances are not anticipated to expose the public to hazardous emissions or hazardous or acutely hazardous materials because any such spills would be confined to below-ground spaces not accessible by area residents. In such an event, the primary impact would be odors, which would represent ashort-term impact that would not pose a health risk to the public, including students at the local high school. The City Water Resources Division would be responsible for maintaining the proposed lift station in a proper state of repair, and would be responsible for conducting any repairs should the lift station fail to function properly. Therefore, impacts are evaluated as less than significant. Page 47 of fi4 75E-51 Responses to Environmental Checklist For CEQA Compliance D. 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? Findin No Impact. Analvsis: The proposed project area is not identified on any list of hazardous materials sites compiled pursuant to Government Code Section 659662.5; therefore, a significant impact would not occur. E. 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? Finding: No Impact. Analysis: Although the project site is located within the Airport Influence Area for the John Wayne Airport, the project would not result in the introduction of new residents into the area. As such, the project would not result in any increase in airport hazards for people residing or working in the project area, and no impacts would occur. F. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Finding: No impact. Analvsis: There are no private airstrips within the project vicinity; therefore, a significant impact would not occur. G. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Findin No Impact. Analysis: The improvements proposed as part of the project would not affect or hinder the preparedness or ability of public agencies to respond in the event of an emergency situation. Upon project completion, all roadway surface improvements would be returned to their pre-construction condition. During construction, existing roadways would remain open and would not hinder emergency ingress and egress to the area. H, Expose people or structure to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Finding: No Impact. Page 48 of 64 75E-52 Responses to Environmental Checklist For CEQA Compliance Analvsis: The project area is urbanized in character and there are no wildland interfaces in the project vicinity. In addition, the project would not result in any increase of population in the project area. Accordingly, no impact would occur. VIII. Hydrology and Water Quality Sources: Building Specifications; ~CGP Safety Element. Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? Finding: Less than Significant Impact. Analvsis: General/Construction Note No. 23 on Sheet G-2 of the Building Specifications requires the following: "Contractor shall prepare and submit for approval erosion and sediment control plans prior to commencing and grading or excavation work. Alf erosion and sediment control measures shall implement best management practices (BMPs) in conformance with the guidelines of the California Storm Water BMP Handbooks." Compliance with General/Construction Note No. 23 would ensure that construction of the proposed project does not violate any Regional Water Quality Control Board water quality standards. With buildout of the proposed project, all roadway surfaces and sidewalks would be returned to their pre-construction condition, and the project would comply with all water quality standards and waste discharge requirements. 8. 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 -and uses or planned uses for which permits have been granted)? Finding: No Impact. Analysis: The project does not propose the use of water from wells, and under existing conditions the site is fully developed and covered with pavement and/or concrete. Therefore, the site does not serve as a groundwater recharge zone. Significant impacts would not occur. C. Substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of stream or river, in a manner, which would result in substantial erosion or siltation on or off-site? Finding: No Impact. Analysis: Implementation of the proposed project would have no impact on any streams or rivers. As indicated above in the discussion of Issue VIII.A, BMPs would be Page 49 of 64 75E-53 Responses to Environmental Checklist For CEQA Compliance utilized during construction activities which would preclude substantial erosion or siltation on- or off-site. Upon project completion, the site's drainage patter would be returned to the pre-construction condition. No significant on- or off-site erasion or siltation impacts would result from the proposed project. D. 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? Fin, dins: No Impact. Analysis: Under existing conditions, the proposed improvement areas are covered with pavement and/or concrete, thereby indicating that the site exhibits maximum runoff volumes during peak storm events. The existing storm drain system is adequate to handle runoff from the site under existing conditions. With implementation of the proposed project, runoff from the site would actually decrease due to the introduction of landscaped areas which would allow for infiltration of storm water into the soil. Therefore, the existing stormwater drainage systems are adequately sized to handle runoff from the proposed project site, and a significant flood impact would not occur. E. Create or contribute runoff wafer which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? Finding: No Impact. Analysis: Refer to Issue VIII.D. Because the existing storm drain system is adequate to handle runoff from the project area, and because the proposed project would result in a slight decrease in peak runoff volumes, the proposed project would not create or contribufie runoff water which would exceed the capacity of the existing stormwater drainage system. As indicated under the discussion of Issue VIII.A, BMPs would be utilized during construction to preclude any significant water quality impacts. During long-term operation of the project, runoff from the site would not represent an additional source of polluted runoff. Therefore, a significant impact would not occur. F. Otherwise substantially degrade water quality? Fin.. ding: No Impact. Analysis: As indicated above under the discussion of issues VIII.A through VIII.E, the proposed project would not substantially degrade water quality during construction or long-term operation. There are no other factors not evaluated above which could result in the substantial degradation of water quality. Significant impacts would not occur. Page 50 of 64 75E-54 t ~ Responses to " `~ Environmental Checklist i j For CEQA Compliance G, Place housing within a 900-year floodpiain, as mapped en a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Finding: No impact. Analysis: According to Orange County General P-an Figure 1X-6, Santa Ana River Overflow Area, the project area is not located within the 100 year floodpiain for the Santa Ana River, which is located northwesterly of the proposed project site. There are no other 100-year floodplains identified in the project area. Moreover, the project would not result in the construction of any new housing. Therefore, a significant impact would not occur. H. Place within a 100-year floodpiain structures which would impede or redirect flood flows? Finding: No Impact. Analvsis: Please refer to the discussion under Issue VIII.G. As indicated, the proposed project would not place any structures within a 100-year floodpiain. No impact would occur. I. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of failure of a levee or dam? Finding: No Impact. Analysis: Please refer to the discussion under issue VIII.G. In addition, Orange County General Plan Figure iX-9, Prado Dam and Santiago Reservoir Inundation Areas, indicates that the project area is subject to inundation due to a failure of either the Prado Dam or Santiago Reservoir. However, the proposed project would not introduce any new residents into the area. Although the structures proposed as part of the project are subject to inundation hazards, such hazards are not considered to be significant because the chance of dam failure is low and because the proposed structure, which would be composed of solid brick materials, would not be significantly affected in such an event. As such, a significant impact would not occur. J. Inundation by seiche, tsunami, or mudflow? Finding: Less than Significant Impact. Analysis: Given the lack of topographic landforms in the project area, there is little to no potential for mudflow impacts. Likewise, there are no large bodies of water within the project vicinity which could be to significant seiche hazards. The project area is located approximately 7.0 miles northeast of the nearest coastline, and is therefore subject to potential tsunamis. However, the risk of tsunamis impacting the site is considered remote, and project implementation would not increase risks to existing or future residents due to potential tsunamis. For these reasons, impacts are evaluated as less than significant. Page 51 of 64 75E-55 Responses to Environmental Checklist For CEQA Compliance IX. Land Use and Planning Sources: Building Specifications; OCGP Safety Element. Would the project: A. Physically divide an established community? Findin No Impact. Analvsis: The proposed project involves the construction of a sewer lift station and appurtenances within an existing established community. No component of the proposed project would result in the physical division of the existing established community. No impact would result from the project. 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? Findin No Impact. Analysis: The proposed project would not conflict with the Santa Ana General Plan, the Southern California Association of Governments (SCAG) policies, or any other applicable land use plan, policy, or regulation adopted for the purpose of mitigating an environmental effect. The project would not conflict wifih the existing residential zoning and General Plan [and use designations of surrounding properties, as sewer lift stations are considered an incidental use within such zones. The project also would be necessary to facilitate development as planned by the City's General Plan and zoning designations. No impact would occur. C. Conflict with any applicable habitat conservation plan or natural community conservation plan? Finding: No Impact. Analvsis: There are no habitat conservation plans or natural community conservation plans affecting the project area. Therefore, no impact would occur. X. Mineral Resources Sources: Building Specifications; OCGP Resources Element. Would the project: A. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Page 52 of 64 75E-56 Responses to Environmental Checklist For CEQA Compliance Findin No Impact. Analysis: According to Orange County General Plan Figure VI-3, Orange County Mineral Resources -Generalized, there are na known mineral resources that would be of value to the region and/or residents of the state located on the lift station site. Accordingly, no impact would result from project implementation. B. Result in the loss of availability of a locally-imporfant mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Findin4: No Impact. Analysis: According to Orange County General Plan Figure VI-3, Orange County Mineral Resources -- Generalized, there are no known mineral resources that would be of value to the region and/or residents of the s#ate located on the lift station site. Accordingly, no impact would result from project implementation. XI. Noise Sources: Building Specifications; OCGP Safety Element. Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local genera! plan or noise ordinance, or applicable standards of other agencies? Finding: 1-ess than Significant Impact. Analysis: During construction of the proposed project, construction equipment and activities likely would result in the exposure of nearby residential properties to noise levels in excess of 55 dBA, which exceeds the City's noise standard for residential properties. However, pursuant to Part 11, Chapter 18, Article VI, Section 18-314(e} (herein, "Noise Ordinance"} of the City's Municipal Code, the following activities are exempt from the City's standard of 55 dBA: "Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday." Construction activities would be required to adhere to the provisions of Article VI of the Municipal Code. Although nearby residential uses could be exposed to noise levels in excess of 55 dBA, these impacts would occur only during daytime hours, would be temporary in nature, and would cease upon completion of the proposed improvements. As such, short-term construction noise impacts are evaluated as a less than significant impac# of the proposed pro}ect. Long-term operation of the proposed lift station also is not anticipated to result in the exposure of nearby residential properties to noise levels in excess of 55 dBA. The primary source of noise associated with the proposed facility would be due Psge 53 of 64 75E-57 Responses to Environmental Checklist For CEQA Compliance to the operation of proposed pumps. Such operations would occur below ground and would be fully contained within a solid concrete building. Noise attenuation afforded by the proposed structure, along with natural attenuation associated with the below-ground nature of the noise generating source, would preclude the exposure of nearby sensitive receptors to unacceptable noise levels. Accordingly, impacts are evaluated as less than significant. B. Exposure of persons to or genera#ion of excessive groundborne vibration or groundborne noise levels? Finding: Less than Significant Impact. Analvsis: Construction activities associated with the proposed project are not anticipated to result in the generation of substantial groundborne vibration or groundborne noise levels. Solis in the project area are silty in nature, and blasting or rock crushing would not be necessary. Any groundborne vibration resulting from project construction would be temporary in nature and would cease upon completion of the proposed improvements. Therefore, near-term ground-borne noise and vibration impacts are evaluated as less than significant. Long-term operation of the proposed lift station likewise would not produce excessive groundborne vibration or noise levels. Although equipment proposed as part of the lift station would generate noise, the noise levels would not produce groundborne vibration. Any noise associated with operation of the facility would be attenuated by the proposed solid concrete and grouted block building which will house the noise-generating equipment. Therefore, long-term operation of the proposed project would not result in any noise or vibration impacts. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without fhe project? Finding: Less than Significant fimpact. Analvsis: Please refer to the discussion of Issue XI.A, above. As indicated, long-term operation of the proposed facility would not result in a substantial increase in noise volumes because the proposed grouted block structure would attenuate most of the noise associated with the proposed mechanical equipment. In addition, the site is located adjacent to Segerstrom Avenue, which is a high- volume roadway and would remain the primary noise-generating activity in the project area. As such, long-term operation of the proposed lift station would not result in 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? Findin Less than Significant Impact. Page 54 of 64 75E-58 Responses to ;~ Environmental Checklist For CEQA Compliance Analvsis: Please refer to the discussion of Issue XI.A, above. As indicated, construction activities would be required to comply with the City's Noise Ordinance, including restrictions on the time of day during which construction activities may occur. In addition, the project site abuts Segerstrom Avenue, which is a major thoroughfare. Noise levels associated with Segerstrom Avenue represent the primary noise-generating source in the project area, and the proposed construction activities would not represent a substantial increase over noise levels existing without the proposed construction activities. Therefore, impacts would be less than signiticant. 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? Finding: No Impact. Analysis: Although the project site is located within the Airport influence Area for the John Wayne Airport, the project would not result in the introduction of new residents into the area. As such, the project would not result in any increase in airport hazards for people residing or working in the project area, and no impacts would occur. F. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project are to excessive noise levels. Findin No Impact. Analysis: There are no private airstrips within the project vicinity; therefore, a significant impact would not occur. 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)? Finding: No Impact. Analysis: The proposed sewer lift station is intended to replace an existing sewer lift station located approximately 700 feet to the west. The new lift station is proposed to update the equipment and to provide additional redundancies in order to reduce the chance for a sewer spill. The new lift station would not increase the capacity of the existing sewer system in the vicinity. Because the proposed project would not increase sewer capacity in the area, it would not induce substantial population growth in the area. Impacts would not be significant. Page 55 of 64 75E-59 i Responses to "+ "; Environmental Checklist For CEQA Compliance B. Displace substantial numbers of exisfing housing, necessitating the construction of replacement housing elsewhere? Finding: No impact. Analysis: As described earlier in this document, the proposed project would require the City of Santa Ana to acquire title to approximately 292 s.f. of private property (APN No. 410.411-19) for the proposed project, as depicted on Figure 10, Acquisition Area. However, the area proposed for acquisition is located at the perimeter of an existing motel site (Studio lnn), and the proposed acquisition would not result in the displacement of any existing homes. Therefore, no impact would occur. C. Displace substanfial numbers of people, necessitating the construction of replacement housing elsewhere? Finding: No Impact. Analysis: As described earlier in this document, the proposed project would require the City of Santa Ana to acquire title to approximately 292 s.f. of private property (APN No. 410.411-19) for the proposed project, as depicted on Figure 10, Acquisition Area. However, the area proposed for acquisition is located at the perimeter of an existing motel site (Studio lnn), and the proposed acquisition would not result in the displacement of any existing residents. Therefore, no impact would occur. XIII. Public Services A. Would the projecf 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 environments! impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 7.) Fire protection? 2.) Police protection? 3.) Schools? 4.) Other public facilities? Finding: No Impact. Analysis: The proposed project would not result in the generation of additional residents wi#hin the City of Santa Ana. Accordingly, there would be no increase in demand for fire protection, police protection, schools, or other public facilities. No impact would occur. Page 56 of 64 75E-60 Responses to Environmental Checklist For CEQA Compliance 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? Finding: No Impact. Analysis: The proposed project would not result in the generation of additional residents within the City of Santa Ana. Accordingly, there would be no increase in demand for parkland which would result in the substan#ial or increased deterioration of existing facilities. No impact would occur. B. Does the project include recreational facilities or require fhe construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Finding: No Impact. Analysis: The proposed project would not result in the generation of additional residents within the City of Santa Ana. Accordingly, there would be no new demand for parkland facilities associated with the proposed project. No impact would occur. XV. Transportation/Traffic Would the project: A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of fhe 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)? Finding: Less than Significant with Mifiigation Incorporated. Analysis: Long-term operation of the proposed lift station and appurtenances would have no impact on traffic on surrounding roadways and intersections. In the long-term, significant impacts would not occur. During construction of the proposed project, however, construction activities would occur partially within the rights-of-way far Segerstrom Avenue, Bristol Street, and San Lorenzo Avenue. Impacts during construction along San Lorenzo Avenue are not anticipated to be significant because the proposed improvements would occur at the western terminus of the roadway. Improvements within Segerstrom Avenue and Bristol Street would, however, result in temporary disruptions in traffic patterns. Along both roadways, at least one travel lane, and possibly up to two travel lanes, would be closed to facilitate proposed construction activities. During the time when lane closures occur, the capacity for both roadways would effectively be reduced. As a result, total traffic along both roadways would likely exceed their respective capacities, particularly Page 57 of 64 75E-61 Responses to Environmental Checklist For CEQA Compliance during the AM and PM peak hours. This is evaluated as a significant near-term impact for which mitigation would be required. Also during construction, construction personnel would commute to the construction area. In addition, construction activities proposed by the project would result in truck traffic to-and-from the project site during a typical workday. The number of construction workers anticipated would be determined based on the contractor's scheduling and order of work. Impacts associated with construction workers and construction vehicles would be temporary in nature and would not exceed the available capacity of the local roadway network; significant impacts would not occur. Mitigation Measures: MM-2 Prior to the commencement of proposed construction or demolition activities requiring lane closures or other traffic disruptions along Segerstrom Avenue and/or Bristol Street, the construction contract documents shall address measures to be undertaken during construction activities to minimize disruptions to the normal flaw of traffic. Examples of measures to be undertaken include, but shah not necessarily be limited to= a) the identification of detour routes; b) signage plan identifying proposed detour routes; c) signage for advanced notification of anticipated lane closures/disruptions; d) any necessary traffic control personnel; and e) any other measures deemed necessary to minimize disruptions to traffic during canstruction of the proposed project. Significance After Mitigation: Implementation of Mitigation Measure MM-2 would ensure that disruptions to the normal flow of traffic during construction of the proposed facility are minimized. With implementation of the required mitigation, impacts to circulation and traffic during construction would be reduced to a level below significant. 6. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Findin No Impact. Analysis: Implementation of the proposed project would not result in the generation of any new traffic in the project area. Accordingly, the project would not exceed the 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? Finding: No Impact. Page 58 of 64 75E-62 Responses to Environmental Checklist For CEQA Compliance Analysis: Implementation of the proposed project would have no impact on air patterns. No impact would occur. D. Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Fin_ ....dins; No impact. Analysis: With the exception of resurfacing portions of several existing roadways, the project does not propose the construction or alteration of any existing roadways. As such, the project would not increase any hazards due to a design feature or incompatible use. No impact would occur. E. Result in inadequate emergency access? Findin No Impact. Analvsis: The proposed project would have no impact on existing emergency access routes. F. Result in inadequate parking capacity? Finding: No Impact. Analysis: The proposed project would have no impact on existing parking capacity, and would not result in the demand for new parking capacity. No impact would occur. G. Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks}? Findin No Impact. Anai}~sis: The proposed project would have no impact on adopted policies supporting alternative transportation. No impact would occur. XVI. Utilities and Service Systems Would the project: A. Exceed wastewater treatment requiremenfs of the applfcable Regional Water Quality Control Board? Finding: No Impact. Analvsis: The proposed project consists merely of the demolition of an existing sewer lift station and the construction of a replacement facility and associated appurtenances. As such, the project has no potential to exceed the wastewater Page 59 of 64 75E-63 Responses to Environmental Checklist For CEQA Compliance treatment requirements of the Orange County Sanitation District (OCSD), which regulates wastewater treatment for the City of Santa Ana. 8, 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? Finding= No Impact. A_ nalYsis: The proposed project involves the demolition of an existing sewer lift station and the construction of a replacement facility and associated appurtenances. Impacts associated with the construction of the proposed facility are documented throughout this Environmental Checlclist/Initial Study. Where significan# impacts have been identified, mitigation measures have been proposed which would reduce those impacts to a level below significant. Therefore, the construction of the proposed facility would not cause significant environmental effects after the incorporation of mitigation. 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? Finding: No Impact. Analvsis: Upon completion of the proposed construction activities, the amount of runoff from the site would not increase relative to existing conditions, and may actually decrease slightly due to areas proposed far landscaping that currently are composed of impervious surFaces. The proposed project would therefore not require or result in the construction of new storm water drainage facilities, nor would it require the expansion of existing facilities. No impact would occur. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Fin... ding: No Impact. Analysis: The proposed project would replace an existing sewer lift station located approximately 700 feet westerly of the new facility. As such, any water demand associated with the proposed facility would merely replace the water demand associated with the existing facility, such that there would be na net increase in the amount of water needed to serve the project. As such, sufficient water supplies are available to serve the proposed project, and no new or expanded entitlements would be necessary. No impact would occur. E. Result in the determination by the wastewater treatment provider which serves or may serve fhe project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Finding: No Impact. Page 60 of 64 75E-64 Responses to " " Environmental Checklist J J For CEQA Compliance Analysis: The proposed project would merely facilitate the transport of existing wastewater volumes to the OCS© wastewater treatment facilities. As such, project implementation would not result in a net increase in the amount of wastewater requiring treatment. Therefore, project implementation would not result in the determination by the OCSD that it has inadequate capacity to serve the project and existing commitments; no impact would occur. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? Finding: Less than Significant Impact. Anal sis: 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 the year 2024. During cons#ruction of the proposed project, including proposed demolition activities, there would be a short-term demand far solid waste services. However, the Bowerman Landfill Curren#ly has adequate capacity through the year 2024, and waste generated during construction of the proposed project would not place an undue burden on this landfill as the amount of waste generated would not be excessive. Impacts during construction activities are therefore evaluated as a less than significant impact. During long-term operation of the proposed facility, there would be no generation of solid waste which would impact existing capacity at the Bowerman Landfill. Accordingly, long-term operation of the proposed project would have no impact on solid waste services or the capacity of nearby landfills. G. Comply with federal, state and local statutes and regulations related to solid waste? Finding: No Impact. Analvsis: As indicated above, long-term operation of the proposed facility would not result in the generation of solid waste. In the near-term, construction activities would result in the creation of solid waste, primarily associated with proposed demolition activities. Ali disposal of waste generated during construction activities would be required to comply with all applicable federal, state, and local statutes and regulations related to solid waste. No impact would occur. XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the qualify of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or Page S1 of 6R 75E-65 _. Responses to Environmental Checklist For CEQA Compliance 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? Finding: No Impact. Analysis: As discussed above under Issues IV. (Biological Resources) and V. {Cultural Resources), the project would not 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. In addition, and as discussed throughout this Initial Study/Environmental Checklist, the project would not degrade the quality of the environment. No impact would occur. B. Does the projecf have impacts that are individually -imited 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.) Finding: No Impact. Analysis: As discussed throughout this Initial StudylEnvironmental Checklist, due to the nature of the proposed project, potentially significant impacts have not been identified for any issue area, except for impacts to air quality associated with potential odor effects on nearby sensitive receptors, and impacts to traffic/circulation due to anticipated congestion during construction. Mitigation Measure MM-T has been imposed on the project to reduce the potential for significant odor effects by requiring the installation of a passive odor control system. Mitigation Measure MM-2 has been imposed to reduce construction- related traffic impacts to a level below significance. For all other issue areas evaluated throughout this Initial StudylEnvironmental Checklist, the project's potential for creating cumulatively significant impacts has been disclosed, and in all cases the cumulative impacts of the proposed project have been evaluated as not significant or less than significant. C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Finding: No impact. Analysis: 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. Throughout this Initial StudylEnvironmental Checklist, where impacts were determined to be potentially significant, mitigation measures have been imposed to reduce those impacts to a level below significance. Therefore, no impact would occur. Page 62 of 64 75E-66 Responses to Environmental Checklist For CEQA Compliance XVIII. References Building TetraTech, September 2007. Building Speciflcafions for Project No. 06-3590, Specifications San Lorenzo Sewage Lift Station. Available for review at City of Santa Ana Public Works AgencylWater Resources Division; Corporate Yard, M-85, 220 S. Dais Avenue, Santa Ana, CA 92702. CARB Califomia Air Resources Board, 2008. Information available on-line at: htt ://www.arb.ca. ovl Fi ure 1 T&B Plannin Consultants, 2008. Vicinit Ma . Fi ure 2 T&B Plannin Consultants, 2008. USGS Ma . Fi ure 3 Goo le Earth, 2007. Aerial Photo of Project Site and Environs. Fi ure 4 TetraTech, Se tember 2007. Existin Liff Station Demolition Plan. Fi ure 5 TetraTech, Se tember 2007. Pro osed Lift Station Demolition Plan. Figure 6 Cifiy of Santa Ana Public Works Agency, 2008. Temporary Construction Easement. Fi ure 7 TetraTech, Se tember 2007. Pro osed Lift Station Sife Plan. Figure $ TetraTech, September 2007. Proposed Lift Station Landscape Planfing Plan. Fi ure 9 TetraTech, Undated. San Lorenzo Lift Station Visual Simulation. Fi ure 10 Ci of Santa Ana Public Works A enc , 2008. Acquisition Area. FMMP California Department of Conservation, Farmland Mapping and Monitoring Program, 2008. Available on-line at: htt ://www.conservation.ca. ov/dlr /fmm /Pa es/index.as x Geotechnical TRC Lowney, October 26, 2006. Geotechnical fnvestigation Proposed San Report Lorenzo Lift Station Santa Ana, California. Available for review at City of Santa Ana Public Works AgencylWater Resources Division; Corporate Yard, M-85, 220 S. Dais Avenue, Santa Ana, CA 92702. NRCS Natural Resources Conservation Service, 2008. On-line Web Soil Survey. Available on-line at: htt ://websoilsurve .nres.usda. ov/a /WebSoiESurve .as x OCGP County of Orange, February 15, 2004. Orange County General Plan, Resources Chapter Vl., Resources Element. Available on-line at: Element htt ://www.oc tannin .net/docs/GeneralPlan2005/Cha ter VI Resources. df OCGP Safety Caunty of Orange, February 15, 2004. Orange County Genera! Plan, Element Chapter IX., Safety Element. Available on-line at: htt ://www.ocplannin .netldocslGeneralPlan2004/09 Safet .pdf Santa Ana City of Santa Ana, 2007. General Plan. Available far review at the City of General Plan Santa Ana Community Development Agency, 20 Civic Center Plaza, Santa Ana, California. SCAG RTP Southern California Association of Governments, 2004. 2004 Regional Transporfation Plan: Destination 2030. Available on-line at: htt ://www.sca .ca. ov/rt 20Q4/2004/FinalPlan.htm SCAQMD South Coast Air Quality Management District, 2007. 2007 Air Qualify AQMP Managemenf Plan. Available on-line at: htt ://www.agmd. ov/a m /07a m /index.htm! Page 63 of 64 75E-67 Mitigation Monitoring Plan San Lorenao Lift Station Public Works Agency Project No. 06-3510 • Prior to the Commencement of Constructio - • • ~ ~ ~ • ~ • I • • • n or Demolition Activities MM-1 In order to ensure that odor impacts to nearby City of Santa Ana City of Santa sensitive receptors are reduced to a level Public Works Ana Public below significant, a passive odor control Department Works system shalt be incorporated into the design of Department the lift station foci{ity. The system shall consist of an absorber vessel {drum} with activated carbon. The drum shall be connected to the wet well by PVC ducting. The air flow shall be variable and dependent on the inflow into the wet well and the raising and lowering of the water surface within the wet well. The activated carbon shall be designed so as to scrub sewage gases and remove odor-causing hydrogen sulfide gas before venting to the atmosphere through the roof of the lift station. MM-2 Prior to the commencement of proposed City of Santa Ana Less than construction or demolition activities requiring Public Works Significant lane closures or other traffic disruptions along Department Segerstrom Avenue and/ar Bristol Street, the construction contract documents shall address measures to be undertaken during construction activities to minimize disruptions to the normal flow of traffic. Examples of measures to be undertaken include, but shall not necessarily be limited to: a) the identification of detour routes; b} signage plan identifying proposed detour routes; c) signage for advanced notification of anticipated lane closuresldisruptions; d) any necessary traffic control personnel; and e) any other measures deemed necessary to minimize disruptions to traffic during construction of the proposed pro}ect. Page 64 of 64 75E-68 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2909 S. BRISTOL STREET (APN 410-411-19) 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 on February 2, 2009, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summarytyere in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 75E-69 Resolution No. 2009- Page 2 of 5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Mitigated Negative Declaration publicly posted by the Orange County Clerk Recorder on December 23, 2008. 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. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 2909 S. BRISTOL STREET (APN 410-411-19) in the City of Santa Ana, California consisting of approximately 292 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 755 square feet of property for a six (6) month temporary construction easement (collectively referred to as "the "Property"). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" and Exhibit "B" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the San Lorenzo Pump Station Project ("the Project") and related improvements. The location of the Project is between Bristol Street and Segerstorm Street for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure 75E-70 Resolution No. 2009- Page 3 of 5 section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties with respect to the Property on or about September 3, 2008. Section 7. Excepting the portion of the Property described in Section 3 above for which the City will acquire only a temporary construction easement, the City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. 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 , 2009. Miguel A. Pulido Mayor 75E-71 Resolution No. 2009- Page 4 of 5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney __- \ ;' l By. -1i',, ,1¢~e Sandoval ~~~~ USenior Assistant City At~mey 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. 2009- 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 75E-72 Resolution No. 2009- Page 5 of 5 EXHIBIT "A & B" LEGAL DESCRIPTIONS 75E-73 EXHIBIT "A" PARCEL A That portion of Parcel 3, of ~ Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Pazcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North 01°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.Ob feet and South 09°57'23" West, 12.17 feet; thence, leaving said eastexIy line, parallel with said Alley centerline, North O1°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~~~~,. ~j~' Raymond J. Rivera, PLS 8324 Expires 12/31 /09 ~~.RIVFg9 EXP. 12-31•D3 yo. 8324 75E-74 75E-75 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88° 16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South O]°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, 19.36 feet; thence, parallel with last said centerline, South O1°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~Z'0,'2L~/Z/, ~~ Raymond 7. Rivera, PLS 8324 Expires 12/31/09 `~NPI tANp r~5 ~~.HIVFj~-4 EXP. 12-31.09 ~ ~ ~i No. 8~ 75E-76 HEMLOCK WAY ~ 2I0' ~ r-- -~' I ----------- I +~ A~ ' ~ ( - ~ i W i ~ ~ Q i (N. T.S.> ~ ~ ~ J m ` i ~~~ ~~ ~I I I ¢~~ ~ 4 ,0'---1 I--- QP m ° P.O.B. ' I rn '~ ~`' ~ PARCEL I o Q• N »B„ I ~~ ~, ~ ~_ ~. m ~. ' ~~ II~ ~ ~ ~ N~~ i >k Imo'"~ i i /'~~~ ~ ~ ~ ~` P.O.B. SEGERSTROM .,-~ ' ~ ~ ~ '~ _ ~~ 1 ~ --~_-~= _- - - - ~ ~h DETAIL L2 LINE TABLE LINE BEARING LENG L1 N01'43'58"E 92.3 L2 N88'16'02"yy 10.00 L3 S34'45'49"yy 1.89 L4 N88'16'02"yd 27.4 L5 S01"43'58"yy 43.5 L6 S09'57'23"W 13.38 L7 N88'16'02"W 19.36 L8 S01'43'58"yy 23.0 `-P.O.C. NTS L4 ,~ ~ v ~ ~ / PARCEL -' ,' t „B~, TH 2 -' ~p r J ~ 7 L7 ~ I 8 °J° ~ / ~ ~g k ~F. ~oJ - P.O.C. ~~ EXHIBIT B S~~; A.P. N0. 410-411-19 PIMA TEMPORARY CONSTRUCTION ~'~ `~ EASEMENT 75E-77 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 14, 2009 Santa Ana California Lodge, LLC, A California Limited Liability Company 11693 San Vicente Boulevard, Suite 106 Los Angeles, CA 90049 ~~ CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Re: Notice of Hearing regarding adoption of Resolution of Necessity to acquire real property by eminent domain (Code of Civil Procedure § 1245.235) Property: Portion of Property at 2909 S. Bristol Street, APN 410-411-19 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on February 2, 2009, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for the San Lorenzo Pump Station Project. The proposed fee acquisition is described in the attached Exhibit "A", and the temporary construction easement ("TCE") in Exhibit B. ("The Property") Please take notice that the City Council at its regularly scheduled meeting to be held on February 2, 2009, at 6:00 p.m., or as soon thereafter as the matter maybe heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220, for the commencement of a condemnation proceeding to acquire fee title as specified in Exhibit A and the TCE described in Exhibit B. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; OFFICE OF THE CITY ATTORNEY SANTAI ANA, eAlTF9RNA2 P.O. BOX 1988 TELEPHOAX (714) 647-6515 Santa Ana California Lodge, LLC January 14, 2009 Page 2 3. Whether the subject properties sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statement/summarytyere in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-79 Santa Ana California Lodge, LLC January 14, 2009 Page 3 This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding the court will determine the amount of compensation to which you are entitled. Very truly yours, ATRICIA E. HEALY CLERK OF THE COUNCIL cc: E-Ho Lin, Representative 11694 S. San Vicente, Suite #220 Los Angeles, CA 90049 Enclosures: Description of Subject Properties (Exhibits A & B) Proof of Service by Mail 75E-80 75E-81 EXHIBIT A EXHIBIT "A" PARCEL A That portion of Pazcel 3, of ~ Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.06 feet and South 09°57'23" West, 12.17 feet; thence, leaving said easterly line, parallel with said Alley centerline, North O1°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~~~~~ ~~ Raymond J. Rivera, PLS 8324 Expires 12/31 /09 Q~.RIVFg9 JG~ EXP. 12.31.03 ~ ~y-~t Wyo. B32A ~~~%/ 75E-82 75E-83 ExwiBiT $ ~ ~ 75E-84 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North 01°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88° 16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°l6'02" West, 27.47 feet; thence, parallel with last said centerline, South Ol°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, 19.36 feet; thence, parallel with last said centerline, South 01°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on G~ZoZG(/2/, G~ Raymond J. Rivera, PLS 8324 Expires 12/31/09 pNPt' tANa s ~~~` ~~,RIVFj~q G~4 o ``-~ a EXP. 12.31.09 ~ ~r 7t ~ Ho. 83'1d' 75E-85 HEMLOCK WAY 2~0' I ~ ~ ~--------------~ I ~ I' ~ ! I ~ i W ~ ~ ~ °i Q i (N. T. S.) i ~ J m ~ ~ ~ ~~ -1111 ~ ~` QP m ° P.O.B. ' rn ~~ ~`' ~ PARCEL _ o Q • N >, B„ I cr ~ ~' ~ -~ / ~. ~ ~ /. m ~ .~. /. ~ ~,. ~~ I OM -~' / ~~~ ~` P.O.B. ---+--~= = = - - - - ~ DETAIL L2 LINE TABLE LINE BEARING LENG L1 N01'43'S8"E 92.3 L2 N88'16'02"Yy 10.0 L3 S34'45'49"yy 1.89 L4 N88'16'02"W 27.4 L5 S01'43'S8"yy 43.5 L6 S09'57'23"W 13.3 L7 N88'16'02"vy 19.3 L8 S01'43'S8"yy 23.0 `- P. 0. C. N TS L4 ' ~ ~ I PARCEL ~ ,' ,~ B,. TH 2 -' 0 ' 7 L7 1 I 8 °J° ' 8 ~~ ~~~ 5 ~~ ~p~ n~ ~~' P.O.C. /" - - /'.~ EXHIBIT B 5~~;~ A.P. N0. 410-411-19 ' ' P`=A, TEMPORARY CONSTRUCTION ~~°~ ~.~~ EASEMENT 75E-86 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence business address is 20 Civic Center Plaza, Santa Ana, California 92701. On January 14, 2009, I served the foregoing document described as NOTICE OF HEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: Santa Ana California Lodge, LLC A California Limited Liability Company 11693 San Vicente Boulevard, Suite 106 Los Angeles, CA 90049 E-Ho Lin, Representative 11694 S. San Vicente, Suite 220 Los Angeles, CA 90049 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on January 14, 2009, at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.. %~- M. PALMA 75E-87 1~tAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 14, 2009 Downey Savings P.O. Box 1117 Downey, CA 90240 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Re: Notice of Hearing regarding adoption of Resolution of Necessity to acquire real property by eminent domain (Code of Civil Procedure § 1245.235) Property: Portion of Property at 2909 S. Bristol Street, APN 410-411-19 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on February 2, 2009, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for the San Lorenzo Pump Station Project. The proposed fee acquisition is described in the attached Exhibit "A", and the temporary construction easement ("TCE") in Exhibit B. ("The Property") Please take notice that the City Council at its regularly scheduled meeting to be held on February 2, 2009, at 6:00 p.m., or as soon thereafter as the matter maybe heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, will hold a hearing on whether a Resolution of Necessity should be adopted,. as required by California Code of Civil Procedure § 1245.220, for the commencement of a condemnation proceeding to acquire fee title as specified in Exhibit A and the TCE described in Exhibit B. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject properties sought to be acquired by the exercise of eminent OFFICE OF THE CITY ATTORNEY 20 CIVIC CE • P.O. BOX 1988 TELEPHONE (714) 647-5201 SANTA ANA, ~,q~ 2 FAX (714) 647-651 5 Downey Savings January 14, 2009 Page 2 domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance tivill not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-89 Downey Savings January 14, 2009 Page 3 This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding the court will determine the amount of compensation to which you are entitled. Very truly yours, 4 ~ PATRICIA E. HEALY CLERK OF THE COUNCIL Enclosures: Description of Subject Properties (Exhibits A & B) Proof of Service by Mail 75E-90 75E-91 EXHIBIT A EXHIBIT "A" PARCEL A That portion of Parcel 3, of ~ Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.06 feet and South 09°57'23" West, 12.17 feet; thence, leaving said eastexly line, parallel with said Alley centerline, North O1°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~/~j~~1 ~ Raymond J `~RiveTra, PLS 8324 Expires 12/31/09 P J. RIV~h,4 EXP. 1231.03 !yo. 832A 75E-92 75E-93 EXHIBIT ~ ~ 75E-94 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South O1°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, 19.36 feet; thence, parallel with last said centerline, South O1°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on G~Z/ G~ Raymond J. Rivera, PLS 8324 ~~ lANp Expires 12/31 /09 5~a~ ~ Ai v~R .~ Q~• ' -4 EXP. 12-31.09 ~ ~ ~i No. 832' 75E-95 75E-96 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence business address is 20 Civic Center Plaza, Santa Ana, California 92701. On January 14, 2009, I served the foregoing document described as NOTICE OF HEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: Downey Savings P.O. Box 1117 Downey, CA 90240 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on January 14, 2009, at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct, ~~~~ TTE M. PALMA 75E-97 MAYOR 1>~uel A. Pul ido MAYOR PRO TEM Claudia G Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 14, 2009 George Argyros 415 W. 4th Street, Suite D Tustin, CA 92780 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Re: Notice of Hearing regarding adoption of Resolution of Necessity to acquire real property by eminent domain (Code of Civil Procedure § 1245.235) Property: Portion of Property at 2909 S. Bristol Street, APN 410-411-19 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on February 2, 2009, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for the San Lorenzo Pump Station Project. The proposed fee acquisition is described in the attached Exhibit "A", and the temporary construction easement ("TCE") in Exhibit B. ("The Property") Please take notice that the City Council at its regularly scheduled meeting to be held on February 2, 2009, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220, for the commencement of a condemnation proceeding to acquire fee title as specified in Exhibit A and the TCE described in Exhibit B. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject properties sought to be acquired by the exercise of eminent OFFICE OF THE CITY ATTORNEY SANTAI ANA~~NIX9~102 P O. BOX 1988 TELEPHOAX (714) 647-65105 ., George Argyros January 14, 2009 Page 2 domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statement/summarytyere in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure § § 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-99 George Argyros January 14, 2009 Page 3 This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding the court will determine the amount of compensation to which you are entitled. Very truly yours, 1?ATRICIA E. HEALY CLERK OF THE COUNCIL Enclosures: Description of Subject Properties (Exhibits A & B) Proof of Service by Mail 75E-100 75E-101 EXHIBIT A EXHIBIT "A" PARCEL A That portion of Parcel 3, of ~ Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Pazcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent Line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said AIIey is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Pazce13, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.06 feet and South 04°57'23" West, 12.17 feet; thence, leaving said easterly line, parallel with said Alley centerline, North O1°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~~~ Raymond J. Rivera, PLS 8324 Expires 12/31!09 EXP. 12-31.03 !yo. 8324 75E-102 75E-103 ExH,B,T ~ ~ 75E-104 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88° 16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 1.89 feet to the Truc Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South 01°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, 19.36 feet; thence, parallel with last said centerline, South O1°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~ G Raymond J. Rivera, PLS 8324 Expires 12/31 /09 `o~pL LAND s ~~g ~~,RIYFj~q G~ 0 EXP. 12-31.09 ~ No ~i~' 75E-105 75E-106 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence/business address is 20 Civic Center Plaza, Santa Ana, California 92701. On January 14, 2009, I served the foregoing document described as NOTICE OF IIEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: George Argyros 415 W. 4'h Street, Suite D Tustin, CA 92780 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on January 14, 2009, at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 75E-107 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmien[o Sal Tinajero January 14, 2009 Clerk of the Council 217 North Main Street Santa Ana, CA 92701 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Re: Notice of Hearing regarding adoption of Resolution of Necessity to acquire real property by eminent domain (Code of Civil Procedure § 1245.235) Property: Portion of Property at 2909 S. Bristol Street, APN 410-411-19 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on February 2, 2009, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for the San Lorenzo Pump Station Project. The proposed fee acquisition is described in the attached Exhibit "A", and the temporary construction easement ("TCE") in Exhibit B. ("The Property") Please take notice that the City Council at its regularly scheduled meeting to be held on February 2, 2009, at 6:00 p.m., or as soon thereafter as the matter maybe heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure ~ 1245.220, for the commencement of a condemnation proceeding to acquire fee title as specified in Exhibit A and the TCE described in Exhibit B. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject properties sought to be acquired by the exercise of eminent OFFICE OF THE CITY ATTORNEY SANTAIANA, ~A~~P.L~1TA~ O. BOX 1988 TELEPHONE (714) 647-5201 FAX (714) 647-6515 Clerk of the Council January 14, 2009 Page 2 domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing: If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-109 Clerk of the Council January 14, 2009 Page 3 This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding the court will determine the amount of compensation to which you are entitled. Very truly yours, •- PATRICIA E. HEAL CLERK OF THE COUNCIL Enclosures: Description of Subject Properties (Exhibits A & B) Proof of Service by Mail 75E-110 75E-111 EXHIBIT A EXHIBIT "A" PARCEL A That portion of Parcel 3, of ~ Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent Iine for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North Ol°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Pazcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Pazcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.06 feet and South 09°57'23" West, 12.17 feet; thence, leaving said easterly line, parallel with said Alley centerline, North O1°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to alI Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~t/~j ; ~j~' 7-- Raymond J. Rivera, PLS 8324 Expires 12/31 /09 ~~, RIVF,Q~ EXP. 12.39-09 No. 632 75E-112 75E-113 EXHIBIT -B ~ 75E-114 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O l°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88° 16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South Ol°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, 19.36 feet; thence, parallel with last said centerline, South Ol °43`58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on G~~'G,~LI/~/ ~~ ~7~~~~i1° .~v Raymond J. Rivera, PLS 8324 Expires 12/31/09 o~PL SAND EXP. 12-31.09 ~ ~ 7t ho. 83'~ 75E-115 75E-116 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence business address is 20 Civic Center Plaza, Santa Ana, California 92701. On January 14, 2009, I served the foregoing document described as NOTICE OF HEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: Clerk of the Council 217 North Main Street Santa Ana, CA 92701 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on January 14, 2009, at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. JE TTE M. PALMA 75E-117 M,tiYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 14, 2009 Southern California Edison Company P.O. Box 2307 Santa Ana, CA 92707 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Re: Notice of Hearing regarding adoption of Resolution of Necessity to acquire real property by eminent domain (Code of Civil Procedure § 1245.235) Property: Portion of Property at 2909 S. Bristol Street, APN 410-411-19 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on February 2, 2009, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for the San Lorenzo Pump Station Project. The proposed fee acquisition is described in the attached Exhibit "A", and the temporary construction easement ("TCE") in Exhibit B. ("The Property") Please take notice that the City Council at its regularly scheduled meeting to be held on February 2, 2009, at 6:00 p.m., or as soon thereafter as the matter maybe heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220, for the commencement of a condemnation proceeding to acquire fee title as specified in Exhibit A and the TCE described in Exhibit B. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: 1. Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject properties sought to be acquired by the exercise of eminent OFFICE OF THE CITY ATTORNEY SANTAIANAN L~M1~~7~~0. BOX 1988 TELEPHONE (714) 647-5201 FAX (714) 647-651 5 Southern California Edison Company January 14, 2009 Page 2 domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statement/summarytyere in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being- the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-119 Southern California Edison Company January 14, 2009 Page 3 This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding the court will determine the amount of compensation to which you are entitled. Very truly yours, PATRICIA E. HEALY CLERK OF THE COUNCIL, Enclosures: Description of Subject Properties (Exhibits A & B) Proof of Service by Mail 75E-120 75E-121 EXHIBIT A EXHIBIT "A" PARCEL A That portion of Parcel 3, of ~ Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.06 feet and South 09°57'23" West, 12.17 feet; thence, leaving said easterly line, parallel with said Alley centerline, North O1°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, chore or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~, ; ~j~' Raymond 3. Rivera, PLS 8324 Expires 12/3 I /09 ~~, RIVFg9 EXP. 12.31.09 yo. 8324 75E-122 75E-123 EXHIBIT ~ ~ 75E-124 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88° 16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'44" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South O1°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, ] 9.36 feet; thence, parallel with last said centerline, South Ol°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on G~~~~Ll/2/, G~ Raymond J. Rivera, PL5 8324 Expires 12/31 /09 ~~ RIVFq Q~• ' -4 EXP. 12-31.09 ~ ~ *~ lob g32A 75E-125 ~ HEMLOCK WAY f ' 2~0. I __ ' ~ I ~ ~ ~ ~ W ' ~ ~ ,~ ~ ~ ~J i !' ~ ~~ ~ Q (N.T.S.) ~ I ~ i J m !l~ ~ I 'JV i I ~ f ~~~' ~ ~ 10'~ I----- F~ Q ~ ~ ~~ ~ ° P.O.B. ' ~~ O o ~`' Q ' N PARCEL CP ~ ~ ~ B I J ' ~ J7. l m ~ ~ ' ~' /' I i ~ ) ~ . I / ~ i I i /,~~ ,-- I ~ J~NV~ O P ' ~~ -~ .. ~ ~~~ ~ ~ •~~, ' EGERSTJM _-~' 1 P.0.6. ~ ~ S --_--=' ~ / ~h ~ DETAIL L2 ---+-_- - - - - - ~ -' N TS ~- P 0 C L4 . . . ,y ~' v PARCEL ~ ,' LINE TABLE »B" ' LINE BEARING LENGTH L1 N01'43'S8"E 92.32 --' L2 N88'16'02"W 10.00 ~ ~~ L3 S34'45'49"W 1.89 ' L4 N88'16'02"yV 27.47 L7 I L5 S01'43'58"W 43.58 °~° ~ ~' ' " ' ~ ~ L6 W 57 23 S09 13.38 -~ J L7 N88'16'02"yy 19.36 ~•'~°~ p~ ~ ' ' " 3 05 '~ a ~ L8 yy 43 58 S01 . 2 , ~ ~/ - P.O.C. /~ ~~ EXHIBIT B Sr1 A.P. N0. 410-411-19 PW~ TEMPORARY CONSTRUCTION ~.~~ EASEMENT 75E-126 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence/business address is 20 Civic Center Plaza, Santa Ana, California 92701. On January 14, 2009, I served the foregoing document described as NOTICE OF HEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: Southern California Edison Company P.O. Box 2307 Santa Ana, CA 92707 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on January 14, 2009, at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 75E-127 MAYOR e Mi;uel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 14, 2009 Web Service Co., Inc. 3690 Freeman Blvd. Redondo Beach, CA 90278 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Re: Notice of Hearing regarding adoption of Resolution of Necessity to acquire real property by eminent domain (Code of Civil Procedure § 1245.235) Property: Portion of Property at 2909 S. Bristol Street, APN 410-41I-19 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on February 2, 2009, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for the San Lorenzo Pump Station Project. The proposed fee acquisition is described in the attached Exhibit "A", and the temporary construction easement ("TCE") in Exhibit B. ("The Property") Please take notice that the City Council at its regularly scheduled meeting to be held on February 2, 2009, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220, for the commencement of a condemnation proceeding to acquire fee title as specified in Exhibit A and the TCE described in Exhibit B. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject properties sought to be acquired by the exercise of eminent OFFICE OF THE CITY ATTORNEY SANTAIANA CR~L~T9~~0. BOX 1988 TELEPHONE (714) 647-5201 FAX (714) 647-651 S Web Service Co., Inc. January 14, 2009 Page 2 domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statementlsummarytyere in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties byway of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-129 Web Service Co., Inc. January 14, 2009 Page 3 This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding the court will determine the amount of compensation to which you are entitled. Very truly yours, PATRICIA E. HEALY CLERK OF THE COUNCIL Enclosures: Description of Subject Properties (Exhibits A & B) Proof of Service by Mail 75E-130 75E-131 EXHIBIT A EXHIBIT "A" PARCEL A That portion of Parcel 3, of 4 Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent Line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North Ol°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55`24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 34°45'49" West, 32.06 feet and South 09°57'23" West, 12.17 feet; thence, leaving said easterly line, parallel with said Alley centerline, North 01°43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on ~~~j1 ~%~' Raymond J. Rivera, PLS 8324 Expires 12/31/09 QJ.RIV~gq EXP.12.3t-03 ya 632A 75E-132 75E-133 ExwtB~T ~ 75E-134 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North O1°43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°16'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South Ol°43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88°16'02" West, 19.36 feet; thence, parallel with last said centerline, South O1°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the erid of this description. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of--Way and Easements of record, if any. Prepared by me, or under my direction on L~~%'~iZ~ G~ ~~e~'~,~r.,v Raymond J. Rivera, PLS 8324 Expires 12!31/09 ~~,RIYFg9 "G~\ G EXP. 12-31.09 ~ 7t I ~~. ~/~~~ 75E-135 HEMLOCK WAY 1 2~0, ~ ~ , ~- ------------~ I I ~1 ~ ~; ~ ~'~ 1 ' ~ ~ ~ ~ ~~ ~' Q (N. T. S.) ~ N ~ J rn ~~ o ~ ~`v~ ~ I ~ ~~~ ~- ~ ' QQ' m ° P.O.B. ' I ' ~ ~- I ~`~ ~ PARCEL l o Q • N „B„ ~ ~ cp ~ ~ ~ ~ / iz. I m ' ~' /. ~ ~~ ~ ~~ ~ ~"~ NEE i ~ ~ ~ 's°~ ~ ~ ~' ~ SEGERSTrM~_--'" / ~~1 P.O.B. ~ ~ ------I---~= _-- - _ - - DETAIL L2 LINE TABLE LINE BEARING LENGTH L1 N01'43'S8"E 92.32 L2 N88'16'02"W 10.00 L3 534'45'49"W 1.89 L4 N88'16'02"yy 27.47 L5 501'43'58"W 43.58 L6 509'57'23"yy 13.38 L7 N88'16'02"Vy 19.36 8 1'43'58"Vy »B» -=~ _`O ' L7 ~ ~ ~~' •y~ ~•'~°' p~ 23.05 ,'~ ~~''S~~ ~l ~ O C NTS L4 -- . . . ,y ~ / v ++~ PARCEL ~ ,' 1 EXHIBIT B 5,'~' A.P. N0. 410-411-19 P`~, TEMPORARY CONSTRUCTION ~.~~ EASEM EN T 75E-136 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence/business address is 20 Civic Center Plaza, Santa Ana, California 92701. On January 14, 2009, I served the foregoing document described as NOTICE OF HEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: Web Service Co., Inc. 3690 Freeman Blvd. Redondo Beach, CA 90278 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on January 14, 2009, at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 75E-137 75E-138 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: NOVEMBER 17, 2008 TITLE: PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT WITH OLSON URBAN HOUSING LLC ~~ 1~. ~t~ -- CITY MANAGER EXECUTIV DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommeinded ^ As Arnended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO , ~_~~~~ FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a purchase agreement with the Redevelopment Agency for the sale of real property located at 719-812 N. Concord for its appraised value plus normal escrow and closing costs. 2. Adopt a resolution regarding the sale of 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger to Olson Urban Housing LLC for the development of twenty affordable, single-family homes. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Authorize the Executive Director to execute a purchase agreement with the City of Santa Ana for the acquisition of real property located at 719-812 N. Concord for its appraised value plus normal escrow and closing costs. 2. Adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and Olson Urban Housing LLC for the development of twenty affordable, single-family homes at 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 80A-1 Public Hearing - DDA with Olson November 17, 2008 Page 2 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger. CO1~li7NITY REDEVELOPMENT AND HOUSING CO1~lISSION RECONIl~~NDATION At its Regular Meeting of October 21, 2008, by a vote of 6:0, the Community Redevelopment and Housing Commission approved the following recommendations: (1) that the recommendation be amended to include military veterans, who either work or live in the City, be given priority during the lottery process; (2) that the City Council hold a public hearing and approve a resolution regarding the sale of 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden,. 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger to Olson Urban Housing LLC for the development of twenty affordable single-family homes; and (3) that the Community Redevelopment Agency adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and Olson Urban Housing LLC for the development of twenty affordable single-family homes at 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger. DISCUSSION A key objective of the Redevelopment Agency (Agency) is to expand and preserve affordable housing. As such, the Agency is proposing to convey eight Agency-owned sites to accommodate the development of 20 single- family homes. Many of these sites were acquired as a result of street and freeway widening activities. Olson Urban Housing LLC (Olson) was selected by means of a Request for Qualifications process. On October 1, 2007, the Agency directed staff to enter into negotiations with Olson for the preparation of a Disposition and Development Agreement (DDA) that would ensure construction and sale of quality affordable housing. Negotiations are now concluded and we are prepared to move forward with the DDA. The terms of the DDA provide that the Agency will sell eight developable sites to Olson and provide them with a $2.45 million construction loan. Of the 20 homes, 13 will be sold to moderate-income (1200 of area median income (AMI)) families and the remaining 7 will be sold to low-income (80o AMI) families. Exhibit 1 shows the current maximum household income as adjusted for household size, as well as the current maximum affordable sales prices. The homes will be sold through a lottery process to be organized and conducted by Olson. Preference 80A-2 Public Hearing - DDA with Olson November 17, 2008 Page 3 will be given to households, including veterans, who live or work in Santa Ana. The future sale of these properties will be income restricted for a period of forty-five years in accordance with California Redevelopment Law. Although Exhibit 1 reflects the maximum allowable by State law, the proposed sales prices for the moderate income homes are $240,000 - $299,000 due to current market conditions and sales listings/comparables in their specific location. These prices will be evaluated prior to sale to determine if the fair market value has increased. Exhibit 2 shows the phases, addresses, and affordability level of each proposed home. Per the DDA, Olson will begin the entitlement process within 30 days and anticipates commencing construction in August 2009. The sites will be conveyed in two separate phases. Of the 20 homes, twelve have three bedrooms and two baths. The remaining eight homes have four bedrooms and two baths. The homes are either 1200 square feet or 1435 square feet. The homebuyers will be responsible for obtaining their own first mortgage financing. Low income homebuyers may be eligible for second mortgage, down payment assistance loans offered by the City through the federal American Dream Down Payment Initiative Program (ADDI). The Agency will record a trust deed (silent-second) on each property in an amount equal to the difference between the fair market value of the home and the affordable sales price. The property at 719 and 812 N. Concord is currently owned by the City of Santa Ana and was recently appraised for the amount of $730,000. Before it can be sold to Olson as contemplated in the DDA, it must first be purchased by the Agency. ENVIRONMENTAL COMPLIANCE Developer negotiations and preparation of a conceptual development plan do not constitute a project under CEQA guidelines. 80A-3 Public Hearing - DDA with Olson November 17, 2008 Page 4 FISCAL IMPACT Funds for the Agency acquisition are available in the Low and Moderate Income Housing Fund Infill New Construction account (no. 507-936-6611). Proceeds from the sale of the property to the Community Redevelopment Agency will be deposited in the Capital Outlay Fund revenue account (no. 051-01-5721). Funds for the DDA are available in the Tax Increment Housing Set-Aside account (no. 507-936-6631). Proceeds from the sales of the homes shall be deposited in the Tax Increment Housing Set-Aside Sale of Land Revenue account (no. 507-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Shelly Landry-Bayle Housing Manager Community Development Agency Francisco Gutierrez ,~/ Executive Director ~'"' Finance and Management Services CJN/SLB/mlr 111708 JT P H CC-CRA Scattered Infill Lots (3) 80A-4 Income Ranges Max. Low Income Max. Mod. Income One Person $47,100 $70,600 Two Persons $53,800 $80,700 Three Persons $60,600 $90,800 Four Persons $67,300 $100,900 Five Persons $72,700 $109,000 Six Persons $78,000 $117,000 Seven Persons $83,400 $125,100 Eight Persons $88,800 $133,200 Affordable Sales Prices Income Level Sales Price Three Bedrooms Sales Price Four Bedrooms Moderate Income $336,700 $361,700 Low Income $160,700 $171,700 Exhibit 1 80A-5 _ __~_ _ LA VETA AV- ~~ • 6 zz ss GARDEN GROVE BL ~ _ ~', ~ • ~ ° ^~ i fAIRRAVEN AV • w 22, z ~ o I TRASK AU , U ? SANTA CLARA AV. A r I7TH ST t I ' © ' , WASH INGTON AU. • I ~5 CIVIC CENTER DR = 5TH ST. ~ • _~1H_ST.;, ~f I SANT A ANA BL ~ _ _____ ATH ST. _ ____ _ _._ • ~. ~ _ ~~_e _------- ----_- 1ST ST. ~' ~ ' r• m w ~! iq C j ^ L- L 7 ®¢ 45 ~~ ~ ~ O Z 1- y ~^ ~ MCfAD DFN AV m' m c ° ^ ^ ~ -"T-' MCFADDEN AV - --- ____ u, ~ r •I EDINGER AU 7 a o ~ ~ o in ' z ¢ 3 ~ ST. ANDRE W PL. m z a ~ WARNER AV. } pJ ^H ~: Qua ~ SEGERSTROM DYER RD _. _ __- ALTON AV ~ ¢ ALTON AV ~ ^ ~ ^ -- MACARTHllR Bl. i SUNFLOWER AV. i 4= s ,~s Q h - N Scattered Infill Lots PHASE I (11 houses) Site Location Unit Count AMI A 2034 N. Bush Street 2038 N. Bush Street 2 ao~io B N. Spurgeon & E. 22~d St 3 120% C 1314 Eastwood Avenue 1 120% D 719 N. Concord Street 812 N. Concord Street 3 (2- a bdrms) 120% H 542 E. Central Avenue 2 (4 bdrms) 80% Site Location Unit Count AMI E 1029 McLean Drive 1 (4 bdrms) 120% F 4010 & 4018 W. McFadden Ave. 4106 W. McFadden Avenue 2 (4 bdrms) 80% 4110 W. McFadden Avenue 5 120% G 4809 W. Edinger Avenue 1 (4 bdrms) 80% 13 Total 120% AMI 7 Total 80% AMI EXHIBIT 2 80A-6 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND OLSON URBAN HOUSING, LLC, FOR THE SALE OF CERTAIN REAL PROPERTY AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Redevelopment Projects, including strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing to the lower income citizens of the City of Santa Ana. B. In order to implement the Redevelopment Plan, the Agency proposes to sell said real property located at: 2034 N. Bush, 2038 N. Bush, the corner of North Spurgeon and E. 22"d, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger (the Properties) pursuant to the terms and provisions of a Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and Olson Urban Housing, LLC, which is on file in the office of the Executive Director of the Agency. C. Olson Urban Housing, LLC proposes to develop, construct, market and sell these twenty (20) single family homes to income qualified households. Of the twenty homes, thirteen will be sold to moderate 80A-7 income families, and the remaining seven will be sold to low income families. The term of affordability on each of the homes will be for forty- five years. D. The consideration for the Properties is not less than the fair market value of the land at the use and with the long term affordability covenants and conditions and development costs authorized by the sale. E. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws, as well as long-term affordability covenants benefiting the Agency. F. Olson Urban Housing, LLC possesses the qualifications and financial resources necessary to acquire and insure development and construction of the Properties as twenty single-family homes to be sold to qualified low income families in accordance with the purpose and objectives of the Redevelopment and Implementation Plan. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Properties in compliance with Health and Safety Code section 33433. Section 2. The City Council has considered all terms and conditions of the proposed sale to Olson Urban Housing, LLC and hereby finds and determines that the sale and development of the Properties pursuant to the Agreement is in the best interest of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the sale of the Properties pursuant to the Disposition and Development Agreement is not less than the fair market value of the Properties determined in accordance with the covenants and conditions governing the sale. Section 4. The sale of the Properties by the Agency to Olson Urban Housing, LLC, upon the terms and conditions contained in the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 80A-8 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck 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 3 80A-9 80A-10