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FULL PACKET_2009-12-21
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 7, 2009 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (5:22 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS -None CLOSED SESSION MEETING City Council Item 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU), Santa Ana Police Officers Association, Firemen's Benevolent Association, Santa Ana Management Association CITY COUNCIL MINUTES 1 DECEMBER 7, 2009 10A-1 Community Redevelopment Agency Item 2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: 501, 505, 511, 601, 606, 607, 610, 615, 616, 620, 621 & 712 E. Fifth St., 602, 609, 618, 619, 622, 623, 625,626 &630 N. Garfield St, 601, 604, 605, 606, 609, 611, 614, 620 &622 N. Lacy St., 612, 614, 622, 626, 714 & 804 E. Santa Ana Blvd., 601, 602, 709, 710, 711, 714 & 720 E. Sixth St., 801, 809, 901 & 905 Brown St., and 611 N. Minter St. Agency negotiator: Cindy Nelson, Executive Director Party with whom negotiating: Related California/Griffin Realty Corp. Under negotiation: Terms of Sale and Development of Property Joint City Council and Community Redevelopment Agency Item 3A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Friends of the Lacy Historic Neighborhood vs. City of Santa Ana, Santa Ana Community Redevelopment Agency, et al Orange County Superior Court Case No. 30-2009-0321561. ADJOURNED 6:05 P.M. REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO CITY COUNCIL MINUTES 2 DECEMBER 7, 2009 10A-2 SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council INVOCATION Robert Barnett, Police Chaplain PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS Mayor Pulido presented the following EMPLOYEE SERVICE AWARDS: 25 YEARS OF SERVICE Angela Christensen, Secretary to the City Manager 30 YEARS OF SERVICE Bich D. Ta, Supervising Accountant; Finance Department 35 YEARS OF SERVICE Robert Hernandez Jr.; General Maintenance Supervisor; Parks, Recreation & Community Services 40 YEARS OF SERVICE Ronald Y. Ono; Administrative Services Manager; Parks, Recreation & Community Services PROCLAMATION presented by MAYOR PULIDO and MAYOR PRO TEM ALVAREZ to Consul Carlos Rodriguez Y Quezada for his service as the Mexican Consulate in Santa Ana. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the participants of the Summer Youth Program for their outstanding service and leadership to the City of Santa Ana Youth Employment Program. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Alex Flores for helping fellow students stay in school by successful fundraising efforts at Santa Ana College. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Dr. Gaston Cilliani for his work at Popular Medical Clinic and for providing free medical services to patients in Santa Ana. Mayor Pulido introduced Will Kempton, the newly appointed Executive Director of the Orange County Transportation Authority, to the Council. Council welcomed him and commented on transportation related issues relative to the City of Santa Ana. CITY COUNCIL MINUTES 3 DECEMBER 7, 2009 10A-3 CLOSED SESSION REPORT -None related to City Council items. PUBLIC COMMENT ON AGENDA ITEMS George Garcia commented on graffiti abatement, transportation, and public safety issues within the City of Santa Ana CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 39A with the following modifications: • Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C and pulled Items 20A and 23B for separate discussion Councilmember Benavides requested Item 13A be continued for two weeks Councilmember Bustamante abstained from voting on Item 23A due to a business conflict Councilmember Martinez pulled Item 25G for separate discussion • Mayor Pulido requested Item 251 be continued for 30 days MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF NOVEMBER 16, 2009 -Clerk of the Council Office MOTION: Approve Minutes. BOARDS/COMMISSIONS CITY COUNCIL MINUTES 4 DECEMBER 7, 2009 10A-4 13A APPOINTMENTS MOTION: Continue appointment of Joe Yanez (Ward 4 resident) to the Community Redevelopment and Housing Commission nominated by Councilmember Benavides as the Ward 4 representative for a partial term expiring December 14, 2010 (replacing Roman Reyna) until December 21, 2009 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -None 19B EXCUSED ABSENCES -None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office; Parks Recreation, and Community Services, Personnel Services Agency; Public Works Agency -Clerk of the Council Office MOTION: 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. *Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C 19D QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER -Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2009 and September 30, 2009, valued at $25,000 and less. 19E COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2008-2009 -Community Development Agency MOTION: Receive and file the Community Redevelopment Agency Annual Report for FY 2008-2009 consisting of: 1. The Annual Audit Report as prepared by Macias Gini & O'Connell, LLP. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. CITY COUNCIL MINUTES 5 DECEMBER 7, 2009 10A-5 4. Annual Statement of Indebtedness. 5. All other information as required pursuant to California Redevelopment Law. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT -ACCEPT THE 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) -Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-050 -Recognizing the 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $203,144 into the revenue account and appropriate same into the 2009 Edward Byrne Memorial Justice Assistance Grant Expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. AGMT NO. 2009-194 - With the County of Orange, Sheriff's Department to transfer the 2009 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $203,144. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) CITY COUNCIL MINUTES 6 DECEMBER 7, 2009 10A-6 22A SPEC NO. 06-168 -FIRE DEPARTMENT UNIFORMS -Renew the contracts with Carmen's Uniforms, Inc. and Galls, and Aramark Co. LLC, for cone-year period in an aggregate amount not to exceed $120,000 - Fire Department 22B SPEC NO. 09-056 - MISCELLANEOUS ELECTRICAL SUPPLIES - Amend the contract with Curley Wholesale Electric in the amount of $25,000 for an annual amount not to exceed $50,000 -Finance & Management Services 22C SPEC. NO. 09-051 -PREPAID GASOLINE CARDS - Award a contract to SVM, LP for atwo-year period, with provision for two one-year renewals, in an annual amount not to exceed $85,000 -Community Development Agency and Personnel Services PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 10 (PROJECT NO. 10-6707) -Public Works Agency MOTION: 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate one in the estimated amount of $3,707,956.48 for construction of Residential Street Repair Phase 10. 2. Approve a Funding Analysis with a total estimated construction cost of $4,448,000. *Councilmember Bustamante abstained from voting on this item due to a business conflict 23B CONTRACT AWARD FOR RECYCLED WATER CONSERVATION PROJECT (PROJECT NO. 09-3215) -Public Works Agency MOTION: 1. Award a contract to Guerrero Backhoe Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $195,240 for construction of the Recycled Water Conservation Project. 2. Approve a Funding Analysis with a total estimated construction cost of $253,800. CITY COUNCIL MINUTES 7 DECEMBER 7, 2009 10A-7 MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 23C CONTRACT AWARD FOR CABRILLO TENNIS CENTER CLAY COURT (PROJECT NO. 10-2602) -Public Works Agency MOTION: 1. Award a contract to Saviano Company, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate three in the estimated amount of $133,605 for construction of Cabrillo Tennis Center Clay Court. 2. Approve a Funding Analysis with a total estimated construction cost of $170,000. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Item 25A through 25H) 25A AGMT NO. 2009-195 - ELECTRONIC DOOR ACCESS SYSTEM - Execute an amendment with Simplex/Grinnell LP, for an additional amount of $14,024.40 bringing the total amount to $74,024.40 for cone-year term - Police Department 25B AGMT NO. 2009-196 -PREVENTIVE MAINTENANCE AND REPAIR OF THE FIRE ALARM SYSTEM AT THE POLICE ADMINISTRATION AND HOLDING FACILITY - With Siemens Building Technologies for one year, with provision for two, one-year renewals, in an annual amount not to exceed $38,000 -Police Department 25C AGMT NO. 2009-197 - PREVENTIVE MAINTENANCE OF ELEVEN ELEVATORS AT THE POLICE ADMINISTRATION AND HOLDING FACILITY -With Otis Elevators for atwo-year period with options for two CITY COUNCIL MINUTES 8 DECEMBER 7, 2009 10A-8 one-year renewals, in the annual amount not to exceed $60,880 -Police Department 25D AGMTS - INSTALLATION OF COMMUNICATIONS EQUIPMENT AT HERITAGE, ROSITA AND WINDSOR PARKS -Parks, Recreation & Community Services Agency MOTION: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the agreements: A. AGMT NO. 2009-198 -Execute an amendment with Tower Co. LLC for Heritage Park. B. AGMT NO. 2009-199 -Execute an amendment with Tower Co. LLC for Rosita Park. C. AGMT NO. 2009-200 -Execute an amendment with Tower Co. LLC for Windsor Park. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-051 - Recognizing the $10,800 in the Capital Outlay Fund revenue account and appropriate the same to the Capital Outlay Fund expenditure account 25E AGMT NO. 2009-201 -STEAM CLEANING SERVICES FOR SOUTH MAIN, TRANSPORTATION CENTER AND PUBLIC PARKING LOTS - Execute an amendment with TSCM for cone-year period in an annual amount not to exceed $72,000 -Community Development Agency 25F AGMTS -ACQUISITION OF RIGHT-OF-WAY FOR THE DYER/REDHILL INTERSECTION WIDENING PROJECT -Public Works Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement. AGMT NO. 2009-202 -With the City of Irvine 2. Authorize the City Manager and the Clerk of the Council to execute purchase and sale agreements. CITY COUNCIL MINUTES 9 DECEMBER 7, 2009 10A-9 A. AGMT NO. 2009-203 -With CFRI/Greenlaw Dyer Road L.L.C., a Delaware Limited Liability Company, for $1,079,606 B. AGMT NO. 2009-204 -With DRSS-I, LLC, a California Limited Liability Company, for $4,257,880 25G AGMT NO. 2009-205 -ENERGY PARTNERSHIP TO DELIVER ENERGY EFFICIENCY PROGRAMS AND EDUCATION -With Southern California Edison in snot-to-exceed amount of $1,513,163 -Public Works Agency MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 25H AGMT NO. 2009-206 -TAXI SERVICE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute a third renewal option amendment with A White and Yellow Cab Company in an amount of $6,024 per month for cone-year term -Public Works Agency 251 AGMT -LEGAL SERVICES -With the Law Firm of Atkinson, Andelson, Loya, Rudd & Romo -City Attorney's Office and Personnel Services Agency MOTION: Continue item to the City Council Meeting scheduled for January 4, 2009. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 10 DECEMBER 7, 2009 10A-10 CONDITIONAL USE PERMIT /VARIANCES 31A CONDITIONAL USE PERMIT NO. 2009-19 TO ALLOW A CARWASH FACILITY AT 202 EAST FIRST STREET -Planning and Building Agency Recommended Action approved by the Planning Commission on October 26, 2009 by a 5-0 vote (Gartner abstained). Applicant: James Gartner and Associates Architects MOTION: Receive and file the staff report approving Conditional Use Permit No. 2009-19 as conditioned. MISCELLANEOUS -LAND USE 39A PUBLIC FACILITIES NAMING NO. 2009-01 - TO NAME A ROOM WITHIN THE TEENSPACE AREA OF THE SANTA ANA MAIN PUBLIC LIBRARY LOCATED AT 26 CIVIC CENTER PLAZA THE ESTELLA R. SHULSE TEEN ACTIVITY ROOM -Parks, Recreation & Community Services Agency Recommended action approved by the Board of Recreation and Parks on October 28, 2009 by a vote of 7-0 (Ores absent). Recommended action approved by the Planning Commission on November 9, 2009 by a vote of 5-0 (Betancourt absent). Applicant: City of Santa Ana Parks, Recreation and Community Services Agency MOTION: Receive and file the staff report and affirm the naming of a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room (Public Facilities naming No. 2009-01). **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES/FIRST READING CITY COUNCIL MINUTES 11 DECEMBER 7, 2009 10A-11 50A ORDINANCE - AMEND SECTION 10-280 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FALSE ALARM PENALTY ASSESSMENTS -Police Department MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2800 - An ordinance of the City Council of the City of Santa Ana amending Section 10-280 of the Santa Ana Municipal Code relating to False Alarm Penalty Assessments MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) RESOLUTIONS 55A RESOLUTION - FY 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT -Fire Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2009-061 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Fire Chief to act on behalf of the City to obtain 2009 Emergency Management Performance Grant Funds through the County of Orange 2. Authorize the City Manager and the Clerk of the Council to execute asub-grantee agreement, subject to non-substantive changes approved by the City Manager and the City Attorney. AGMT NO. 2009-207 -With County of Orange, Orange County Sheriff's Office in the amount of $25,140 3. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 12 DECEMBER 7, 2009 10A-12 APPROPRIATION ADJUSTMENT NO. 10-048 -Recognizing the 2009 Emergency Management Performance Grant funds and appropriate the same into the 2009 Emergency Management Performance Grant expenditure account. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) PUBLIC HEARINGS 75A PUBLIC HEARING -ZONING ORDINANCE AMENDMENT NO. 2009-07 TO AMEND THE PROVISIONS OF CHAPTER 41 PERTAINING TO WATER EFFICIENT LANDSCAPING AND ADOPT NEW REGULATIONS FOR WATER EFFICIENT LANDSCAPING - Planning and Building Agency Recommended action approved by the Planning Commission on November 9, 2009 by a vote of 4-0 (Betancourt and Leo abstained). Legal Notice published in the O.C. Reporter on November 27, 2009. Staff presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. The Mayor opened the Public Hearing; there was no written communication received nor public speakers and closed the Hearing. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2801 - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code to update the City's water efficiency standards for proposed development projects with substantial landscaping MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, CITY COUNCIL MINUTES 13 DECEMBER 7, 2009 10A-13 Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 7:54 P.M. 80A APPROVAL OF PREDEVELOPMENT AGREEMENTS FOR THE STRATEGIC PLANNING AND DEVELOPMENT OF THE STATION DISTRICT -Community Redevelopment Agency Speakers Jeff Dickman, Delores Almeraz, Ezequiel Gutierrez, Cesar Covarrubias, and Mike Tardif spoke in opposition of the approval of Item 80A and requested a continuance for more public participation in the planning process for the Station District Project. MOTION: Authorize the City Manager and Clerk of the Council to execute Predevelopment Agreements. AGMTS -Between the Community Redevelopment Agency of the City of Santa Ana, the City of Santa Ana: 1. AGMT NO. 2009-208 -The Related Companies of California, LLC, a California limited liability company 2. AGMT NO. 2009-209 -Griffin Realty Corporation, a California Corporation. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 80B APPROPRIATION ADJUSTMENT - EDUCATIONAL REVENUE AUGMENTATION FUND FY 2008-2009 -Community Redevelopment Agency CITY COUNCIL MINUTES 14 DECEMBER 7, 2009 10A-14 MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-053 -Transferring funds from the Merged Redevelopment Project Area Fund to the Low and Moderate- Income Housing Fund to return the funds borrowed to pay the County Educational Revenue Augmentation Fund as required by legislation implementing the California State Budget for FY 2008-2009. MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 80C RELOCATION AND REHABILITATION CONTRACT FOR REDEVELOPMENT AGENCY PROPERTIES Recommended action approved by the Community Redevelopment and Housing Commission on November 17, 2009 by a vote of 5-0. MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-052 -Recognizing Housing Set-Aside fund revenues of $733,082. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 8:31 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING CITY COUNCIL MINUTES 15 DECEMBER 7, 2009 10A-15 COUNCIL RECONVENED WITH ALL MEMBERS PRESENT CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinaiero Thanked the Santa Ana Unified School District for their efifort~ in the community providing the H1 N1 vaccinations at a recent health fair; Congratulated various Santa Ana High School football teams a~ they advance to the CIF playofif~; Would like to recognise argarita Rosette from the Cesar E. Chaves High School for recently receiving the Golden Bell A~rard. Councilmember Benavide~ Requested F~ublic VVork~ ~tafif to contact the City of South EI onte to inquire on the landscaping on City median; Reiterated the communication efifort~ related to the Station District and asked ~tafif to continue the outreach; Thanked volunteers throughout the community on their ~rork at the various holiday celebrations and invited the re~ident~ get participate, including the Santa Ana boo holiday event on December 19, 2009. Free to all City re~ident~ and employee. ayor Fero Tem Alvarez Asked all to consider the many ble~~ing and donate an un~~rrapped toy to Toys for Tots at all Santa Ana Fire Department facilities in the City; VVi~hed all a Happy Holiday. Councilmember Sarmiento Congratulated ayor F~ulido and ayor Fero Tem Alvarez on the recent Binational event held Frith mayors from Baja California cities. This ~~o~?l~~id~y~~efifort v~a~ ~u~~e~~ful and open dialogue on various important m:e m:e k.9 a m:8 , Asked ~tafif to contact the cities of Loy Angeles and Long Beach on their efifort~ for flooding Councilmember artine~ Commented on the gro~rth of the Council and ayor to collaborate on the Station District project; CITY COUNCIL MINUTES 16 DECEMBER 7, 2009 10A-16 Stated the City is moving fio and on many projects to improve the lives ofi the community and create a brighter Santa Ana. ADJOURNMENT - 8:45 p.m. to the next meeting of the City Council is scheduled for Monday, December 21, 2009 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 17 DECEMBER 7, 2009 10A-17 10A-18 TLJ 11 /9/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-280 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FALSE ALARM PENALTY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of -the City of Santa Ana hereby finds, determines and declares as follows: A. Santa Ana Municipal Code Section 10-280 provides for false alarm penalty assessments for the alarm system requirements within the City of Santa Ana, which are established under Article VI of the Santa Ana Municipal Code. 1. Currently, Santa Ana Municipal Code Section 10-280(c) does not reflect the false alarm billing time frame standard that is set forth per Resolution No. 2009-030, Miscellaneous Fee Schedule, section 5, subsection 5520. 2. It is necessary to correct this discrepancy by amending Section 10-280(c) to reflect the current false alarm billing time frame standard. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 10-280 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Ordinance No. NS-XXX Page 1 of 3 11 A-1 Sec. 10-280. False alarm penalty assessment. (a) When any emergency alarms, messages, signals or notices are received by the police department showing that an alarm user has failed to meet any of the requirements of this article, the chief of police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements. (b) Except as otherwise provided in subsections (c) and (d) of this section, any person having an alarm system which results in a police response in which the alarm proves to be a false alarm shall pay a penalty assessment fee to the City of Santa Ana in such amount as shall be established by resolution of the city council. The penalty assessment for false alarms from alarms designed to be activated while the business is open and/or occupied and requiring activation by an employee, or a residential alarm designed to be activated by the tenant from within the residence, which indicate the commission of a crime defined by California Penal Code Section 211 (Robbery) may be higher than the penalty assessment for other false alarms. (c) Except for robbery and/or panic false alarms for commercial establishments, which shall be assessed a penalty on the first activation, penalty assessments shall only be made for false alarms which number more than one (1) in a twelve (12) month period. This twelve (12) month period is determined by the date of the most recent false alarm. (1) On the sixth false alarm occurring within a twelve (12) month period, a written warning will be issued with an invoice stating that two or more false alarms within the twelve (12) month period will result in automatic non-response status. (2) On the eighth false alarm occurring within a twelve (12) month period, the location will automatically be placed on non-response status until all fees are paid and written proof of correction (alarm company work order) and a written request by the user requesting reinstatement is received by the City. (d) Commencing with the date of a new alarm installation and for six (6) months thereafter, there shall be no charge for the first through third false alarms. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 2 of 3 11 A-2 ADOPTED this day of , 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 3 of 3 11 A-3 11 A-4 bk:12l14/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S WATER EFFICIENCY STANDARDS FOR PROPOSED DEVELOPMENT PROJECTS WITH SUBSTANTIAL LANDSCAPING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. AB 1881 (2006), adopted as Chapter 559 of Statutes of 2006, required the State Department of Water Resources to prepare a model ordinance for cities and counties to set minimum standards for maximizing water efficiency in landscaping of new development projects. Under AB 1881, each city or county was given a deadline of January 1, 2010 to adopt its own ordinance, or alternatively to utilize the state model ordinance. B. The State Office of Administrative Law approved the State's updated Model Water Efficient Landscape Ordinance on September 10, 2009. C. This ordinance is designed to work together with Guidelines for its implementation, which are submitted concurrently and incorporated herein by this reference as though fully set forth. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the Ordinance No. NS-XXX Page 1 of 22 11 B-1 evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves 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. 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. Section 41-240 of the Santa Ana Municipal Code is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-240. Landscaping standards in the R1 district. In the R1 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. Ordinance No. NS-XXX Page 2 of 22 11 B-2 (b) Side yard: Corner lots shall require one (1)fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street, plus six (6) five- gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (f) Maintenance: All plant material shall be maintained per section 41- 609 of this chapter. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this Chapter, pertaining to water conservation. Ordinance No. NS-XXX Page 3 of 22 11 B-3 Section 4. Section 41-256 of the Santa Ana Municipal Code is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-256. Landscape standards for the R-2 district. In the R2 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) One (1) tree species for up to five (5) dwelling units and an additional tree species for each increment of five (5) units. (4) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (5) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Side yard: Corner lots shall require one (1)fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five- gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Rear yard: A buffer shall be provided for privacy from adjoining property. A hedge or vines on a fence are satisfactory screens. (d) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. Ordinance No. NS-XXX Page 4 of 22 11 B-4 (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (e) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (f) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (g) Maintenance: All plant material shall be maintained per section 41- 609 of this chapter. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 5. Section 41-272.02 of the Santa Ana Municipal Code (R3 zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec.41-272.03. Landscaping. (a) All required setback areas, required open spaces around the perimeter of buildings, and the required parking areas, unless specified in the provisions of this district, shall be completely landscaped, except for vehicular and pedestrian accessways. (b) Prior to the issuance of any building permit for the construction of a multiple-family dwelling development, the developer shall submit to the city, and the planning division shall approve, a landscape plan that Ordinance No. NS-XXX Page 5 of 22 11 B-5 conforms to the requirements of this section and to standards for landscaping approved by the city council. (c) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (d) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (e) Vehicular parking may not be located within any required landscaped area. (f) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 6. Section 41-272.02 of the Santa Ana Municipal Code (Townhouse zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-288. Landscaping. All yards shall be landscaped. Each townhouse shall meet the following minimum landscaping standards: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: Ordinance No. NS-XXX Page 6 of 22 11 B-6 a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material. (5) Root barriers shall be required on all trees. (b) Side yard: Corner lots shall have one (1) fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five- gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into the required setback. Ordinance No. NS-XXX Page 7 of 22 11 B-7 (f) Maintenance: All plant material shall be maintained per section 41- 609 of the Santa Ana Municipal Code. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 7. Section 41-316 of the Santa Ana Municipal Code (P zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-316. Landscaped area. (a) Front. There shall be a landscaped front yard area of not less than fifteen (15) feet. (b) Side. There shall be a landscaped side yard area of not less than five (5) feet. On corner lots, the landscaped side yard shall not be less than fifteen (15) feet. (c) Rear. There shall be a landscaped rear yard area of not less than ten (10) feet if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. There shall be a landscaped rear yard of not less than five (5) feet in all other cases. (d) Vehicular parking may not be located within any required landscaped area. (e) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (f) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (g) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (h) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Ordinance No. NS-XXX Page 8 of 22 11 B-8 Sleeving must be called out wherever irrigation pipes are installed under hardscape. (i) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 8. Section 41-372 of the Santa Ana Municipal Code (C1 zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-372. Landscaping requirements in the C1 district. (a) A landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. (b) A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area. (c) Vehicular parking may not be located within any required landscaped area. (d) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (e) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (f) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (g) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Ordinance No. NS-XXX 11 B-9 Page 9 of 22 Section 9. Section 41-444 of the Santa Ana Municipal Code (CR zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-444. Site development standards. (i) Landscaping. (1) All required setback areas, required open spaces around the perimeter of buildings, and the required parking landscaped areas, unless otherwise specified in the provisions of this district, shall be landscaped and maintained according to approved plans. Required setback areas abutting properties zoned for exclusively residential purposes shall be planted with one (1) tree to be provided for each fifteen (15) linear feet of abutment. (2) Landscaping shall consist of lawn, trees, shrubs, or other plant materials, and may include the following decorative elements where an integral part of a landscape scheme is comprised primarily of plant materials: (i) Fountains, ponds, sculptures and planters. (ii) Screen-type masonry walls forty-two (42) inches in height. (iii) Wrought iron or other types of open work metal fences, exclusive of chain link, provided that the component solid portions of a fence do not constitute more than twenty (20) per cent of the total surface area of its face. Such fences shall have a maximum of six (6) feet. (4) Vehicular parking may not be located within any required landscaped area. (5) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (6) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (7) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. Ordinance No. NS-XXX Page 10 of 22 11 B-10 (8) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (9) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 10. Section 41-477 of the Santa Ana Municipal Code (M1 zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-477. Landscaping. Front yard: (a) One (1) twenty-four-inch box canopy tree shall be provided for each twenty-five (25) linear feet of front yard (exclusive of driveways). Such trees may be placed in clusters. (b) Six (6) five-gallon size shrubs shall be provided per twenty-five (25) linear feet of front yard (exclusive of driveways). As an alternative, the use of three (3) five-gallon size shrubs and ten (10) one-gallon shrubs is acceptable provided the plant material adds color and variety to the design. (c) The front yard shall be planted in turf or acceptable dry climate ground cover. A ground cover is required in shrub areas and as accents in small pockets. Redwood header boards or similar barriers shall be placed between turf and other plant materials. (d) Berms in the front yard having more than a 4:1 slope shall be planted in ground cover. Turf is not acceptable. (e) When parkway trees are required by the city, they shall be integrated with the onsite landscape plan to ensure proper spacing and species selection. (f) A minimum five-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street, except at approved driveways. Ordinance No. NS-XXX Page 11 of 22 11 B-11 Parking area: (g) In parking areas available to parking by the general public, a landscape planter shall be provided for every ten (10) parking spaces. Each planter shall have minimum dimensions of six (6) feet in width and eighteen (18) feet in length including concrete curbing. Each planter shall be bordered on two (2) sides minimum by parking area. The planter strips shall run parallel to the parking spaces and be consistently spaced throughout the parking area. Each planter shall require one (1) fifteen- gallon size tree, five (5) five-gallon shrubs plus ground cover. (h) In lots that are solely used by employees of the company, a landscape planter shall be provided for every five (5) consecutive parking spaces. Each planter shall have minimal dimension of four (4) feet by four (4) feet, including concrete curb. Each planter shall require one (1) fifteen- gallon size tree and a suitable ground cover or low growing shrubs. These planters may be located between parking spaces so as to maximize the amount of available space for parking. Planters may also be consistent with general parking landscape requirements. Each parking area shall be enclosed by perimeter planters abutting the lot or parking spaces, except for the driveways. (i) The choice of plant material shall be trees and/or shrubs, with a ground cover in keeping with the size and limitations of the area. Ground covers alone are not acceptable. A minimum of one (1) fifteen-gallon tree shall be provided for each ten (10) parking spaces, or portion thereof. Q) Parking areas shall be designed so that parked vehicles shall not encroach into landscape areas. Buffer: (k) A landscaped planter of a width not less than ten (10) feet is required along any interior lot line to the extent such lot line abuts any property which is neither zoned for industrial uses, nor indicated on the general plan of the city as planned for industrial purposes. General: (I) A plant list shall be shown on the required plot plan to obtain a building permit for the building for which the parking area is provided. The list shall include the botanical and common names of the plant to be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan. Ordinance No. NS-XXX Page 12 of 22 11 B-12 (m) All required yards shall be landscaped and maintained at all times. (n) Redwood chips, decorative stone and other inorganic materials are not acceptable substitutes for ground cover or turf. (o) All trees in parking areas shall be placed in root barriers. (p) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (q) The landscaping shall be contained in planting areas that are enclosed by minimum six-inch high concrete curbs. (r) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (s) Compliance with all provisions of this section shall be required except for minor modifications approved by the planning division. (t) All appurtenances, such as transformers, backflow preventers, trash enclosures, signage, meters, and lights, shall be shown on landscape plans and screened with plant materials. Section 11. Section 41-528 of the Santa Ana Municipal Code (CSM zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-528. Landscaping requirements. (a) When no building is present on the site, a minimum five (5) foot landscaped area along the front property line shall be required for any proposed development. (b) A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area. (c) Vehicular parking may not be located within any required landscaped area. Ordinance No. NS-XXX 11 B-13 Page 13 of 22 (d) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (e) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (f) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (g) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 12. Section 41-813 of the Santa Ana Municipal Code (mobile home park standards) is hereby amended to comply with AB 1881, such that it reads as follows: Sec. 41-813. Landscaping. (a) A landscape plan shall be submitted to the planning department for approval. Said landscaping plan shall consist of the size, type and location of all trees, shrubs, and ground cover areas in the mobile home park site and shall include one tree per mobile home site and shall conforms to the requirements of this section and to standards for landscaping approved by the city council.. (b) A system of irrigation or sprinkling of landscaping shall be indicated on the plan. All landscaping shall be permanently maintained. (c) Vehicular parking may not be located within any required landscaped area. (d) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. Ordinance No. NS-XXX Page 14 of 22 11 B-14 (e) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (f) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Section 13. Article XVI of Chapter 41 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 14. The following is hereby added to the Santa Ana Municipal Code as Article XVI of Chapter 41: ARTICLE XVI. WATER EFFICIENT LANDSCAPE STANDARDS Sec. 41-1500. Purpose (a) The State Legislature has found that: (1) the waters of the State are of limited supply and are subject to ever increasing demands; (2) the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; (3) it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; (4) landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; Ordinance No. NS-XXX 11 B-15 Page 15 of 22 (5) landscape design, installation, maintenance, and management can and should be water efficient; and (6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. Sec. 41-1501. Applicability (a) Beginning January 1, 2010, all planting, irrigation, and landscape- related improvements required by this Article shall apply to the following landscape projects: (1) new landscape installations or landscape rehabilitation projects by public agencies or private non-residential developers, except for cemeteries, with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature; (2) new landscape installations or landscape rehabilitation projects by developers or property managers of single-family and multi-family residential projects or complexes with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature; (3) new landscape installation projects by individual homeowners on single-family or multi-family residential lots with a total project landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 5,000 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature; (4) A landscape rehabilitation project is subject to the requirements of this Article where (i) the modified landscaped area is greater than 2,500 square feet and represents at least 50% of the total landscaped area; and (ii) the modifications are planned to occur within one year. The Ordinance No. NS-XXX Page 16 of 22 11 B-16 requirements of the Standards may be partially or wholly waived, at the discretion of the city, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations (b) This Article does not apply to: (1) registered local, state, or federal historical sites or other sites exempted by applicable federal or state law; (2) ecological restoration projects that do not require a permanent irrigation system; (3) mined-land reclamation projects that do not require a permanent irrigation system; or (4) plant collections, as part of botanical gardens and arboretums open to the public. Sec. 41-1502. Implementation Procedures (a) Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Article. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Standards. (b) The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Article and the Standards. (1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. (2) Water use calculations shall be consistent with calculations contained in the Standards and shall be provided to the City under procedures determined by the City. (3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate Occupancy, Ordinance No. NS-XXX Page 17 of 22 11 B-17 Permit Final or Notice of Completion process, as provided in the Standards. Sec. 41-1503. Landscape Water Use Standards (a) For applicable landscape installation or rehabilitation projects subject to Section 41-1501(a) of this Code, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Standards. (b) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the City. Sec. 41-1504. Definitions The following definitions are applicable to this article: "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Budget-based tiered-rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. "Ecological restoration project' means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated Applied Water Use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Standards. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. "ET adjustment factor" or "ETAF' is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Standards. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with asite-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) _ (0.5/0.71), which is the standard of water use efficiency generally required by this Article and the Standards, except that the ETAF for a special landscape area shall not exceed 1.0. Ordinance No. NS-XXX Page 18 of 22 11 B-18 "Standards" refers to the Standards for Implementation of this Article, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Article. "Hardscapes" means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Article. "Homeowner installed landscape" means any landscaping either installed by a private individual fora single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this Article, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this Article to the requirements applicable to developer-installed residential landscape projects. "Irrigation efficiency' means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Article is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape Documentation Package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Standards. "Landscape project' means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 41- 1501 of this Code. "Local water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service within the City of Santa Ana. Ordinance No. NS-XXX Page 19 of 22 11 B-19 "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Standards. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "New construction" means, for the purposes of this Article, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Non-pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Permit' means an authorizing document issued by local agencies for new construction or rehabilitated landscape. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Article, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Article are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Standards, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Rehabilitated landscape" means any re-landscaping project that meets the applicability criteria of Section 1.1(a), where the modified landscape area is greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are planned to occur within one year. Ordinance No. NS-XXX Page 20 of 22 11 B-20 "Smart automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data. "Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Turf' means a ground cover surface of mowed, infrequently mowed, no mow grass, or synthetic turf which meets or exceeds the Standards set forth in the Guidelines. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Buffalo grass, Mexican Feather grass, Muhly grass, and Sedge grass are warm-season grasses. "Valve" means a device used to control the flow of water in an irrigation system. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. Section 15. 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 Ordinance No. NS-XXX 11 B-21 Page 21 of 22 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, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 22 of 22 11 B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 21, 2009 TITLE: APPROVED ? As Recommended ? As Amended AGREEMENT WITH THE PHOENIX ? Ordinance on 15t Reading GROUP TO PROVIDE AUTOMATED ? Ordinance on 2"d Reading PARKING CITATION SYSTEM ? impiementing Resolution ? Set Public Hearing For CONTINUED TO ~ L~l-~.-`~.- FILE NUMBER C TY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement with the Phoenix Group Information Systems to provide an Automated Parking Citation System in the amount not to exceed $275,000 for a one-year term, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department exclusively utilizes a "hard copy" system for issuing and processing parking citations, and for the past year the Phoenix Group Information Systems has provided services for processing those citations. They streamline and expedite the issuance and processing of parking citations, and they handle all refunds related to parking penalties. We are requesting and additional one-year agreement with the Phoenix Group for those services. Staff`s evaluation has determined that the Phoenix Group has performed satisfactorily and recommends renewing the agreement for another one-year term, in an amount not to exceed $275,000. The new agreement extending through the end of the 2010 calendar year will guarantee stability within the processing, hearing, and collection procedures for the City's parking citations. 25A-1 Agreement for City's Automated Parking Citation System December 21, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Department Traffic Division Other Contractual Services Account (account #01114405 62300), Public Works Roadway Cleaning Other Contractual Services Account (account #06817641 62300), and CDA - Parking Meter Fund Other Account (account #02718860). APPROVED AS TO FUNDS AND ACCOUNTS: ` Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25A-2 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into this 21 S` day of December, 2009, by and between Phoenix Group Information Systems, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter Crty RECITALS: A. City and Consultant entered into Agreement #A-2008-333, dated December 1, 2008, for the processing of parking citations and collection of parking penalties (hereinafter "said Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to extend the term of said Agreement for an additional one-year period for the same amount of compensation. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 2, COMPENSATION the relevant portion of subsection (a) shall be amended to provide that the total sum to be expended under this Agreement shall not exceed $275,000.00 during the extended term of this Agreement. 3. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one-year period through December 31, 2010. 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25A-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written, ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Ryan O. Hodge Deputy City Attorney RECOMMENDED FOR APPROVAL: PHOENIX GROUP INFORMATION SYSTEMS PAUL M. WALTERS BOB MURPHY Chief of Police President 2 5A-4 a REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 21, 2009 TITLE: APPROVED As Recommended LEASE AGREEMENT WITH As Amended sc OMNIPOINT COMMUNICATIONS INC Ordinance on 1 Reading Ordinance on 2"d Reading FOR CELLULAR ANTENNA AT Implementing Resolution ROSITA PARK Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement with Omnipoint Communications Inc (T-Mobile) for the installation of a stealth monopole sports lighting antenna and equipment building at Rosita Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $33,040 in the Capital Outlay Fund revenue account (no. 05102002-57010) and appropriate same to the Capital Outlay Fund expenditure account (no. 05113263-66220). 3. Receive and file Categorical Exemption for Environmental Review No. 2008-241 (Rosita Park). DISCUSSION Omnipoint Communications Inc (T-Mobile) is proposing the installation of a stealth monopole sports lighting antenna at Rosita Park to improve their communication reception in the area. On September 8, 2009, the City Council directed staff to negotiate with T-Mobile. Staff discussed the project again with T-Mobile, and they agreed to contribute $10,000 for Rosita Park improvements. Given the City's current fiscal condition, staff believes that the proposed agreement would provide a reliable long term revenue source to fund park maintenance activities. 25B-1 Lease Agreement with Omnipoint Communication Inc. December 21, 2009 Page 2 The revenue from this lease is $2,400 per month ($28,800 per year). The lease term is for 10 years, with three 5 year extension options. The City's consultant (ATS Communications) will receive 20 percent ($5,760) of the revenue annually for assisting in the negotiations and construction administration of the lease agreement. This is the last ATS Communication Cellular Antenna project with the City. T-Mobile's $10,000 payment for Rosita Park improvements is not part of the 20/80 split. The agreement also includes a 4 percent per year increase for the term of the lease. The lease agreement with T-Mobile is for a 300 square feet lease area (15' X 20' equipment room). T-Mobile indicated they will design a 15 by 40 feet equipment building to provide space for a future carrier, but only construct half the building. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2008-241 (Rosita Park) will be filed for this project . FISCAL IMPACT This appropriation adjustment will recognize $33,040 in the Capital Outlay Fund revenue account (no. 05102002-57010) and appropriate same to the Capital Outlay expenditure account (no. 05113263-66220) for landscape maintenance of City parks. APPROVED AS TO FUNDS AND ACCOUNTS: t'L~,~-' Gerardo Mouet Francisco Gutierrez Executive Dire~tor Executive Director Parks, Recreation and Finance & Mgmt Services Agency Community Services Agency 25B-2 LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS, INC. for (Rosita Park) This Agreement, made this 21St day of December, 2009, between 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 designated "LESSOR" and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Rosita Park (the entirety of LESSOR'S property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 706 N. Newhope, Santa Ana CA,92703, and being described as a fifteen foot (15') by twenty foot (20') space on the ground containing three hundred (300) (square feet, for LESSEE's radio equipment cabinets, and space required for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of--way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount oftwenty-eight thousand, eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand, four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE'S Facilities (as defined below), or the first day of the month that is six (6) months after the full execution of this 1 Rosita Park 25B-3 agreement or the first day of the month following the date LESSEE commences installation of LESSEE'S Facilities on the Premises, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR a one- time, non-recurring, non-refundable payment equal to one month's rent, within thirty (30) days after the Commencement Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities, within 6 months after the full execution of this agreement. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as set forth herein as follows: (i) Six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE'S continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following ~ procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then current term. Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR'S best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE'S ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE'S use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. 2 Rosita Park 25B-4 LESSEE shall contribute Ten Thousand Dollars ($10,000.00) to be utilized for Santa Ana Park Improvements at the discretion of the Executive Director of the Parks, Recreation and Community Services Agency. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE'S Facilities (defined below) and for the purpose of preparing for the construction of LESSEE'S Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE'S Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE'S work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE'S sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said 3 Rosita Park 25B-5 approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE'S Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE'S Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 11. INDEMNIFICATION. A. LESSEE'S Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or 4 Rosita Park 25B-6 contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE'S operations hereunder. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property 5 Rosita Park 25B-7 on the date this Agreement is fully executed ("Pre-Existing Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE'S use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE'S written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR's public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE'S Facilities interfere with LESSOR'S public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE'S Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE'S Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR'S public safety communications operations caused by LESSEE's Facilities. 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and equipment/storage buildings may remain at LESSOR'S option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing 6 Rosita Park 25B-8 monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR'S option in its as-is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of--way herein granted shall be under and subject to the right of LESSEE in and to such right-of--way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE'S Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 7 Rosita Park 25B-9 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure -LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE'S Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE'S Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE'S equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE'S share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications 8 Rosita Park 25B-10 tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT AND CO-LOCATION a. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE'S FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE'S network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE'S property. b. LESSEE acknowledges and agrees that the City policy is to provide for co-location on communication tower facilities and will reasonably facilitate any co- location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property. Further, LESSEE shall enter into a TOWER LEASE AGREEMENT, subject to all permits and approvals from 9 Rosita Park 25B-11 all governmental agencies having jurisdiction thereover, with a future tower co-location user, subject to LESSOR receiving eighty percent (80%) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR'S consent on any TOWER LEASE AGREEMENT and copies of the executed agreement. The Party's intent in allowing LESSEE to collect rent is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co-location agreement. Additionally, LESSEE shall deliver to LESSOR a copy of any Inter-carrier Co-location Agreement which relates to the Premises. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Courtesy City of Santa Ana -Office of the City Copies to Attorney 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 and ATS Communications 22651 Lambert Street, Suite IOlA Lake Forest, California 92630 Attn: Tony Ingegneri LESSEE: T-Mobile USA, Inc. 12920 SE 38`" Street Bellevue, Washington 98006 Attn: PCS Lease Administrator Copy to: Omnipoint Communications (Site #LA33321C) 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 Attn: Lease Administration Manager 10 Rosita Park 25B-12 Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE'S Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR'S cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE'S Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE'S Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR'S proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE'S Facilities to the Relocation Site. Upon relocation of LESSEE'S Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. 11 Rosita Park 25B-13 C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten-year lease period. 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non- defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or 12 Rosita Park 25B-14 proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 13 Rosita Park 25B-15 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE'S rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE /REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE'S use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non-appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE'S use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. 14 Rosita Park 25B-16 B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE'S Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR'S default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 40. MISCELLANEOUS PROVISIONS. A. 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 each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred 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. C. LESSOR shall not have unsupervised access to LESSEE'S equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. l5 Rosita Park 25B-17 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 OMNIPOINT COMMUNICATIONS, INC. By: LAURASHEEDY Assistant City Attorney $y: Printed Name: Its: Date: 16 Rosita Park 25B-18 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTYAPN: All that certain real property located in the County of Orange, State of California, being more particularly described as follows: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WESTERLY 659.73 FEET MEASURED ALONG THE NORTHERLY LINE THEREOF. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN A STRIP OF LAND 70.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF BOLSA AVENUE AND NEWHOPE STREET AS SHOWN ON A MAP FILED IN BOOK 12, PAGE 39 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89°34'42" WEST 1286.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°23'50" EAST 815.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1500.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 1225.21 FEET THROUGH A CENTRAL ANGLE OF 46°47'58"; THENCE NORTH 47°11'48" EAST 1114.51 FEET TO THE CENTER LINE INTERSECTION OF HAZARD STREET AND NEWHOPE STREET AS SHOWN ON SAID RECORD OF SURVEY MAP. EXCEPTING THEREFROM AN UNDIVIDED INTEREST IN THE WELL AND PUMPING PLANT LOCATED ON SAID LAND, DESCRIBED IN THE AGREEMENT BETWEEN W.D. SLOAN AND E.H. JACKSON RECORDED MARCH 31, 1926 IN BOOK 638 PAGE 363 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA. End of Legal Description LESSOR INITIALS: LESSEE INITIALS: 17 Rosita Park 25B-19 25B-20 EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" {if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. I See attached drawings dated 3/30/09 and indentified as Site Name: Rosita Park Lt. Standard, Site LA33321C, sheets T-l, T-2, T-3, F-1, A-1, A-2, A-3, A-4, A-5, A-6, GN-1, S-1, S-2, S-3, E-1, E-2, E-3, E-4, E-5, and Topographic Survey dated 02/09/09, sheets C-1 and C-2, and Irrigation and Planting Plan dated 03/04/09 sheets L-1 and L-2. 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Y 2 ~9a '#r ~ 3 ~ G A„ ~S~ ~g 3,~ ~ s s s ~s d~ sws a~~`s~ R € b . ~ r~ ~ ~ ~i y y ~ a g'-.` 3 gg~ 4N N € 6Y gE ~ y Y~ M ~ 2 ~ $n~S~~~~y~'~~" ~ ~~5 ~ 2 Ff 40~ $ t~R Y ~~i33i€ ~ ~ 'T~ S 3 ~ ~ k~o~~~9" ~~L ~ ~3 4 p~~ ~ YP4 ~ ~~lp i ~ ~ 7~s~ ~ ~ a~ ~a~ ~ ~ ~ ~g~ j g,~~~. ass-~ s~~~ ~ ~ an ~ R~ d ~ ~ x - g3 5 ~ ~ ~~6 ~9 ~ ~~5~ ~ q~q~_~ eyey ~~4 $ ~ R~ ~g ~ ~ ¢y G yg y~ b °p~~~°e 2~R RR 8~~ ~z 6~ ~ gg ~ ~ kr~~ ~ Y~ ~ ~ ~ ~ 7 s ~ Mg~~ ~~£~~~s ~~~~BY ~ ~AAAA9~ R~g ~ ~ ~ ~S ~ S ~ ~ o y ~ ~~PC~~S ~~rtl~4 gds d ~ ~e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e ~ ~ o a a m S~~a~ ~}}p~~ g~€~~~tl- ~ a ~ k~gi~ ~ m k : R a~ ~ 4 ~ ~ ga ~ ~ ° o ~ °z ~6 ~ €~~g~~~° S~€~~'~ 0 ~LS ~ptl ~ ~ b $W ~p ~ ~b ~ ml ~gp ~ ~ p " a ~f ~ g Y e §'y"4 q at ~ ~ ~ 9 ~3 ~ 3 yJ~" Z~Z n ~ yy II§E g ~ g a i~ 4 ~ ~ ~ [ ##8g~ ~ e~a 1~~,.e ~ ~m sa~$ L~~~~~ ffi~~~~~ 5 ~ ~ ~ ~a~ ~ ff ~ 6 ~ ~ ~ x ~ e ~ ~ ~ ~ ~ z o o N o °z - _ _ - r .ne J W Z W C7 25B-34 .p ~ ~ a y : o " ~ a ~ D z d$ V~ h Yx V~ w g ¢a r. o~ ,.Q ~ ~g ~~o ti N~~~ ~ ~ o s z a a z N ~ w~~ r ®o ~3 !~4g~~~ ~ "s ~ Qa M ~ coq • ~ qg~ ~ ~ ~ ~ ~ ors Q ~ W W ~ ~ Cn ~ 3 0 3~ ~ ~o ~ ~ ~ ~J J ~ ~ y w `L~1 7 u ¦ ~ w, d t0 j i,h.i i,6-i sA-,t i,hb i,6-,1 i,F.i iJ-b ih) m a a~ ~ ~ ~ ~ ~a~ s~~ I - -_-o-_--c-~---o~~---- - - ,--r - I ~I Z I 9 ;li ~ III ~ J ,I II ~ n. I i I ~ I I I I III Yo newt ~ ~I i i os~~9R III ~ b I Y9 ~ I I ms mx wr I ~i LL ~ LL I I I ~ ~d ~ i i ~y I I ~i ~ n s I I ~ ~ I I I W i W I I °4 I I I I ~ e I O I I I I J - - - - ~ C) ~ z w z w +Z-A~ i.oi-b iA~-,a rF-A~ d ~~yy i.0-.Or V W i,a .s tA-.ii ~ ~ Rb ~ 4~ 8~ G~~ 4 = g gg~ggg r-_--_ z-====____, Z b E9 9N II~__: ~ I ~ I I I, O E8~ I ~ ~ I I ~I I I II i.o ; I a i.t-.~ y+ c.____ sA-.~ I ~ ~ ~ io-. 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I I y ~ ~ I ~ ?s ~ I I v ~ 3 I I ~ ~ w ~ ~ ~ F- z W is-.~ a_ W ~ W ~.a-.c s-.a~ i - Y V r .c-.n m YY sA-.~ iA-.6 i,9-,H - W .z ~j ~ Y~ b ~ 2~ ~s~~a f R3 ~ ~s~ 2 Ea ~3 a€ e R ~ Q~~ 2 ~ G a W 8 Z a ~ ~ E~~ ~ ~ s~ y9 ~ ~ iA A 1 O E `C ~ J I ~ ~ ~ y - b i Q U w .o--~ v 25B-36 ~ N `y j a C ~ O U J r~'1 N S u m V t°J Y ~a T a~ W a~"'i ~~rn h ~~w~ gv v r Qom. N g~ ~ O g 43 u~y'p€o d g' 8~ °'Q M ~s J M ~ F- ~ u~5 g y " r ~ FQ-y Q7 ~ 11~ ~=i ~c a g ~ ~ ~ t~ ~ v/ • U 30 o i. ~ 5d $ ~ 0= M F w ~ ~ a $ ~a ~ J ~ ~ N ~ ~ ti W M {O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Y ~ o k ~ o ` € w a x d p T1' > 2 Y aa- ~ (n 444,3 ~ \ t ~ ~ A ~ ~ _ ° D ~ ? c O ~y8 # ~ / I J ~ IEI I ~ m ~~p I': iA-i W g O ~ ~ _ ~ m ~ / a a~~ U ~ ~ ~ ~ ~ fA ~ ti3g J Q J s iA F W D D ~ :_s-s ~ ~ m g V w U ~ N ~ F~ ~ ~ o ~ E ~c W I ~3 ~ S ~s ~ ~ _ W w 4~ s~ ~ 8 °p~ ~ 0 4` a x g F ~p 4 ~~F Q ~ 3 z a z z 4&~ ~ Z ~ ~ zzz z $ g '"`""'m' $ m V U W a n ~ t Y ~ ~ ffi ~ ° ~ "i ~ g ~e ~ ~ ~ ~ ~a C - I i / ~ i ~ ~ i ~ ~ ysx 8 ~ ~ S CYC r- ~ k r i/, ea w d ~~y ~ a W ~ ~ ~ ; ~ n ~ ~ P ~~3 ~ F ~ ~ ~ _z W J J m W W O D D m 25B-37 Q? ~ ~ ~ ~ x LL d s S ~ U`~- ~ V a H~ Z o o g ~o a C m o s y~ M a~ ~ a LL ~ v h sec ~ ~ O= A~ V Z N~ ; ~ ~ ~ ~ R ~ ~ F Jg~ g J ~ ~ W a ~ g- a M ~ N 7 z ~o ~ ~ ~ n ~ a~~ a ~~€y~~ ~ ~ ~ '~~a~ ~ ~ i i Li .i--~- i W _ fir Q i~.~ik i i i Q i / /ll ///////~~J N i.,.,.~_-. _ _ I ~_L' ~LJJ ~ 391 391 ` OT 1 ~1 L Y ~ ~ z U ~ ~ 3 -1~y 4 T g g g ~ P _ X N~~ ~ B ~g3 o g S~ ~t ~ k d ~ o T ~S ~ ff y~ Y S ~ ~ ~ ~o ~ ~ d G ~ ~yg g w Z w~ i p~ _ o ~ ~ ~ ~ a & ~ F ~ ~ ~F~ ~ d~ ~ _ ~ F o 0 os 8 ~ ~ 3 F Z W ~~a~y~ ~a m g I I I I ®®®b ~ ~ ' ' g ° O 00000 00000 O ~ y a Z~ v ~ \ ~o ® o . _ ~ _L_1 O pa ~ ~ ~W Z ~ g a ~ ~ ~ ,Q a U W J W 25B-38 ' y ~a ? a s o W [9 a~ ,.,,s m 8 -~p U a Y oC V a ~ z Ci c o~~ o ~ m E~q ff a d QF M p a 1 d~ ~ ~ ~ Aso ~ h s s ~ ~ o= M aa$ ~ ~ z • ~ ~ ~ _ ~ V a an S R ~ y 5m ~ W W .d e~$~ ~ S 3 ~ m 4 ~ •d ~ Z= G z~ ~ ~ 3 ~ " ~ ~ ~ ~ y N M ~ ~ Vii. & ~ ~n~ W a~~ ~ ~ ~ 8 8 x ~ z ~4 ~~4 Z 343 ~~m8 ~ RM ~ a V 3~e _ R ~ ~ m ~ ~ H gg R ~ ~ S ~ gg g ~ ~ y4 ~Y g R R & R ~ & a 2~~ ~ ff~~ S~ ~ c ec ] # : n S S S Q S S $ £o~ ~ ~ ~ 55gg 6~ r ~ ~~6 ~ ~ ~~d yR~ iz R~ ~ m g n n r ^~a n. ~b~ a %A~ z ~ ~ « .n F s ~ ~ ~ e c ~ ~ a ~ a § ~ ~~a ~ ~~a ~~33 x ~ aa _ Y I mr'.' ~ G ~ Z a g ~m a a R m ~ ro o ~~p ~ ~~o d~~R ~ ~ zh- ~ W J 3 g ~ E R A R R R ~ 8~° ~ 3g B~ ~ 9 A k~ ~ J ~ ~0 8g ~ ~ R R R R R R ~Y~~ W ~ ~`i~ ~ $8 ~ z m~ J (A ~ § s c a~E m _ ~ ~ z ~ 33 y _ „a a ~ V _ 2~` Y~ g2dY ~ ~n ~ ri ~ N W ~ ~ ~ ~ W ~ a Z ~e~ ~ a ~ Q W§Wc O a _ a €ziY ~ ~ ~ Y v~ ~ Aga e ~ ~ " o 'R ~ - ~ ~ ~ ~ ~ ~ ~ £ 8 g a p $ a § ~ ~~g ~ a~ ~~n~I ~ s s~ a ~ P a ~ ~ ~ ~ ~ ~ ~ ~ ~ sad n a a a dR ~ y pp 3 'f ~ S 8 ~ G q~ ~ a ~ ~ Y o ~ 3 ~ ~ =d. b= ~ q ~ Gg~ s ~o " ~ a c @ ~W"ffa~az" € a ~ ~5 s W ~ 3m ~ a ~ ns ~ ~ n ~ ~~g~ ~ ~v~ ~~a~a~ € 1°~~~ ~ a sm~ ~ ~ o~ ~ ~ a ~ ~ ~ ~ ~g ag r ~ n~ ~$"~a $ ~ ~ a to z~ as 4~.~"3W~e~ s ~a~3~ s~ w ~~o - W v~ 'n zx ~ ~ ~ ~ ~a r~ ~Y ~ ~m 6 a a s`~ 9 a 7a ~a act tl4 ~ ~ ~~~~o s m ~~~a ~ $aa a e € ~ ~s 3 "a Z Y~~ ~ ~ W a a ~ O ~R a~~a}~~ ~ ea~g ~ K~j~~o ash e~g~~u~ ~ ~ ~ ~ ms ~ e a~ ar ~ ~ is~°"~~~~~-#~~~~~a~ ~ F ~~Y 5~~=° ~~o time ~a` 7~~g~~ ~ ~ 3~ ~c ~ °s ~~~~~~k~ V a ~ gg QC a eaa"~a ~ z,o ~`~e~ 3~~ $ r~ rn u ~ a~ a n LL nW ~ x 5'" s~ ~ ~ a ~ 3a:" ~ 4 ~c§ ~ n ~ ~ a 5 ~ ao." 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The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, 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 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 19 Rosita Park 25B-45 25B-46 EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE'S access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on-site, parking, gates, etc. 4. For purposes of describing the Premises and LESSEE Facilities only, LESSEE will design a 15ft X 40ft equipment building on the west side of Rosita Park ball fields, south of the handball court. LESSEE will construct half of the designed building (a 15ft X 20ft room) which it will lease, to locate its equipment. LESSOR reserves that portion of the Property upon which the other half of the building will be located, and it shall not be part of the Premises or LESSEE Facilities. LESSOR retains the right to lease the reserved space to a second communications provider as set forth in Paragraph 25.b. of said LEASE. 20 Rosita Park 25B-47 i 25B-48 EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: Santa Ana Parks, Recreation and Community Services Agency Ron Ono Address: 20 Civic Center Plaze (M-23) Santa Ana, CA 92702 Daytime Phone No.: 714-647-4220 Facsimile No.: (714) 571-4209 24-Hour Contact No.. Dispatch Center: N/A ATS Communications Tony Ingegneri 22651 Lambert Street, Suite lOlA Lake Forest, CA 92630 Phone: Facsimile: LESSEE'S TECHNICAL CONTACTS: Name: Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.. Dispatch Center: 21 Rosita Park 25B-49 25B-50 EXHIBIT F MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 200_ by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and , a corporation ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the ``Property") in the State of California, County of Orange, City of Santa Ana commonly known as 706 N. Newhope, Santa Ana, CA, 92703, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor 200_, and incorporated herein by reference (the "Agreement") for an initial term often (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSOR: City of Santa Ana By: Title: Address [FORM DOCUMENT, PLEASE INITIAL ONLY -NOT FOR EXECUTION] Owner Initials Lessee Initials 22 Rosita Park 25B-51 25B-52 REG2UEST FOR COUNCIL ACTION ~ . CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 21, 2009 TITLE: APPROVED ? As Recommended AGREEMENT FOR TRANSPORATION SYSTEM ? As Amended IMPROVEMENT AREA FEE STUDY WITH ? Ordinance on 15t Reading ? Ordinance on 2nd Reading KIMLEY HORN AND ASSOCIATES ? Implementing Resolution ? Set Public Hearing For i' ~ CONTINUED TO ~*-t ' L'- FILE NUMBER _ CITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Kimley Horn and Associates, subject to non- substantive changes approved by the City Manager and City Attorney, to provide engineering services for the preparation of a transportation system improvement area fee study, in the amount not to exceed $400,000. 2. Approve an appropriation adjustment recognizing $75,000 in unanticipated prior years Area E Fund 34 revenue and appropriate the same amount to the New Transportation System Improvement Area E (account no. 03417660-66220). DISCUSSION In 1982, the City began assessing a transportation system improvement area (TSIA) fee on land development projects to mitigate level of service traffic impacts related to the developments. The monies collected help to fund capacity improvement and traffic safety projects. The current TSIA fee rates are assessed on a per square foot basis and vary based on type of use - single family residential, multiple family residential, and nonresidential. Single family and multiple family rates are assessed consistently throughout the City at $1.80 and $1.10 per square foot, respectively, whereas the nonresidential rate varies from $1.81 to $5.53 per square foot depending on the location. The current TSIA fee rates were established in 1993 based on projected land development and the costs for anticipated capacity improvement projects. The rates have remained constant since that time. With the significant increase in costs for right of way and construction since the last increase, it is recommended that we undertake a study the TSIA fee rates. 25C-1 Agreement for Transportation System Improvement Area Fee Study with KHA December 21, 2009 Page 2 The fees collected in portions of the City are shared with the City of Tustin as part of a joint powers authority (JPA) agreement. Therefore, staff sought and received authorization for partial funding to conduct a study from the JPA board and involved the City of Tustin staff in preparation of a request for proposal (RFP) for fee study services. In March of 2009, the Public Works Agency issued the RFP to qualified engineering firms. Six proposals were received in response to the RFP and evaluated by the project team consisting of staff from Santa Ana and Tustin. Each firm was rated according to its qualifications, past experience, and capacity to perform the required work. Based on the proposals submitted, the ratings for the top two firms are as follows: FIRM RATING FEES 1. Kimley Horn and Associates 87 $375,000 2. LSA 82 $476,177 The fee schedules for these firms were compared. The fee for Kimley Horn and Associates is reasonable and in line with staff's estimate. Because of the experience of key personnel, client satisfaction and competitive rate, it is recommended that the firm of Kimley Horn and Associates be retained for the required services. Any fee rate changes recommended by the study will be presented to the Council for approval. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funding in the amount of $75,000 will be available in New Transportation System Improvement Area E (account no. 03417660-66220). Funding in the amount of $325,000 is available in Transportation System Improvement Area C (account no. 99117950-66220); Transportation System Improvement Area C-2 (account no. 04817660-66220); Transportation System Improvement Area D (account no. 99217950-66220); New Transportation System Improvement Area F (account no. 03517660-66220). The not-to-exceed amount of $400,000 includes a $25,000 contingency. 25C-2 Agreement for Transportation System Improvement Area Fee Study with KHA December 21, 2009 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: t ~ Raul Godinez I Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency 25C-3 25C-4 AGREEMENT FOR PROVISION OF TRANSPORTATION SYSTEM IMPROVEMENT STUDY THIS AGREEMENT, made and entered into this 7`" day of December, 2009 by and between Kimley-Horn and Associates, a North Carolina corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic engineering to prepare a transportation impact fee study. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall perform traffic engineering and analysis services to develop a transportation impact fee schedule, as set forth in Consultant's Proposal, attached hereto as Exhibit A, and incorporated by reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works. to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or 1 25C-5 personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $375,000.00.00 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. City shall retain ten percent (10%) of the contract price for each project until the completed Project has been accepted by City. 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. i 5. TERM This Agreement shall commence on the date first written above and terminate on completion of the project and acceptance by the City of the final report for each study, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 2 25C-6 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. 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, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 3 25C-7 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, 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, to the extent arising from the negligent acts, omissions or willful misconduct of the Consultant 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 negligence, recklessness or willful misconduct of Consultant arising from this Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 4 25C-8 10. CONFLICT OF INTEREST CLAUSE Consultant 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. 11. 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 facsimile 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 facsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Kimley-Horn & Associates, Inc. J.D. Douglas 765 The City Drive, Suite 400 Orange, California facsimile (714) 938-9488 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 facsimile, communication shall be effective or deemed to 5 25C-9 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant 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. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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. 14. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited 6 25C-10 by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 17. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 18. 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. 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. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 7 25C-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney KIMLEY-HORN & ASSOC., INC. SERINE CIANDELLA, AICP Vice President 8 25C-12 i `'NAN(~O; IN (O (ONNO{ao (D CtDI OINiO~ ISaolPUeJ~ iNrOJNN; Nhri th1nM rN Nr;(V t i i I I r o i Irz;olsgop~o ~ocooo ~ooo loooooo,o ooao~ I ~oddn$;aa(o.~d 00000 oiool oooooolo ooNN r m ~ I ~ Noooo ~oao; 00(00000{ oooN o aauueldpaaulBu3 Y , i~ ~ M V Bue,~n ~ooo0 000 0000000 000 f ~aI~IFl~4~g Nocrooo ooo~ 0000000 oocovN r Ialo.L\IH u~N~NN c~rh cC°orNMQOr°NCO NeN-ON ~ r 00 6ul;unoaoy;aa(ad 00000 000 oooooolo OONN }ioddn$;aa(oad oovo~ oov ooooNNO ola~M r z Q z O OD N 00 00 f0 O tf 00 (D <D O O O O CO E N O ~ ~euupldNaeul6u3 r M r~ N N r r N Q ~ r ~ ~ W ~ ~ uoSlldeuul~~ oooolo iooo 0000000 oao~ao IL (n J `Q Y Y uei~pyuaa~eQ 00000 ao~ 0000000 oooM ~a Z F- ~I~Paa4o! 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N _V C ~ •C U O y C 3 N c O ~ EU ~ ~ y ~p ~ v,0 ~ N p ~I C (p=Z c~ y~ O ~ H «~I ~ .Vxi y t6 J 0 E~ W O~ t7 ~ N O N C ff w O 'G O c 3 N LL ,~~oO¢¢ c a m O N C O U_ N u' O C N fA ~ ~ $ ~ ~ C'~ ~ ~z O ~^2~j ~ Gf ~ y{Y'~aqq dF- ~ d ~ alp tat~~~~ ~ ~j cdt'~~ dQ > ~ O a~+ ~ E C N Q N O h E~ O O O N O w N ~ ~ ~ ao Nlil~~ O,U ~,c~0.'~ co r^ E Zv,~o gW O mw~ ~~~3 ~o~~~m~ma~a>~~~+rz ~ ~ o' ~ y ~U,U ~~cnl-OCI- A~~ y0 ~ ~ •--NC+~~f tn~rNC'7~rNM'd ~iA~~~--N ~G ddddd oomm cicici~~ci~l ao°~~ ~ d ad ci o ui ai Exhibit A 25C-13 SANTA ANA/TUSTIN TSIA FEE STUDY DIRECT EXPENSES STUDY ONE rate Cost Allocation 0.00 included in billing rate Mileage - meetings 9 10 0.485 43.65 Mileage -field work 2 30 0.485 29.10 Outside Printing 0.00 see below Computer - Task A 258 0 0.00 included in billing rate Computer - Task B 92 0 0.00 included in billing rate Computer - Task C 74 0 0,00 included in billing rate Phone 0.00 included in billing rate Fed Ex/courier 100.00 sub adman fee 32081 5% 1604.07 applied to sub costs TOTAL DIRECT EXPENSES 1776.82 PRINTING color color b/w b/w Color copies copies pages cost/page pages cost/page total Task A tech memo 0 25 1 100 0.1 0 Task B tech memo 0 20 1 100 0.1 0 Task C. tech memo 0 25 1 100 0.1 0 Draft Report 0 70 1 300 0.1 0 Final Report 0 70 1 300 0.1 0 0 STUDY TWO rata Cost Allocation 0.00 included in billing rate Mileage -meetings 9 10 0.485 43.65 Mileage -field work 2 30 0.485 29.10 Outside Printing 0.00 see below Computer - Task A 262 0 0,00 included in billing rate Computer - Task B 92 0 0.00 included in billing rata Computer - Task C 74 0 0.00 included in billing rate Phone 0.00 included to billing rate Fed Ex/courier 100.00 sub adman fee 36905 5% 1845.27 applied to sub costs TOTAL DIRECT EXPENSES 2018.02 PRINTING color color b/w b/w Golor copies copies pages cost/page pages cost/page total Task A tech memo 0 25 1 125 0,1 0 Task B tech memo 0 20 1 150 0.1 0 Task C tech memo 0 25 1 125 0.1 0 Draft Report 0 70 1 300 0.1 0 Final Report 0 70 1 300 0.1 0 0 i i i 25C-14 SANTAANAfTUSTfN TSIA FEE STUDY Bitting Rates iClmley-Horn and Associates J.D. Douglas $ 254.59 Serine Ciandella $ 249.48 Richard Liu $ 159.85 Darren Adrian $ 209.48 Lynne Filson $ 184.66 Engineer/Planner $ 100.68 Project Support $ 65.42 Project Accounting $ 113.69 Cordoba Corporation Cathy Higley $ 240.00 Xu Yang $ 120.40 EngineerJPlanner $ 85.00 Project Support $ 105.00 25C-15 25C-16 SANTA ANA/TUSTIN TSIA FEE STUDY Revised Budget: October 15, 2009 PROJECT BUDGET: STUDY ONE a or a or rec STUDY ONE Hours Cost Ex enses* Subs Total Cost A. Forecast Traffic A.1 Future Develo ment 15 $ 2,260 $ 20,685 $ 22 945 A.2 Committed Roadwa Pro acts 12 1 626 - 1,626 A.3 Existln Traffic and Future Forecasts 173 20 64s 8 612 29,257 A.4 U dated Cosl Allocation Summa 22 3,225 - 3,225 A.5 Technical Memorandum 26 3,849 - 3,849 B. Review/U date Trans ortatlon Im rovement Pro acts B. Im rovemenls for Ex stin Conditions 22 2 751 - 2 751 B.2 Future Im rovements 72 10,231 - 10,231 6.3 Cost Estimates 176 22,370 - 22,370 C. Develo Trans ortatlon Im act Fee C.1 Model Data for Nexus Anal sis 38 4,824 4,824 C.2 Internal Area t3ounda Alternatives 62 8,817 - 8,817 C.3 Fee Levels Su rted b Nexus Anal sis 32 4,894 - 4,894 C.4a Surve of Traffic Fees in Other Jurlsdicti _ _ C.4b Task C Tech Memo and Meetln s 16 3 414 3 414 C.5a Recommended Fee Levels 26 5,056 - 5,056 C.Sb Technical Portion of Draft Ordinances 8 1,642 - 1,642 D. Pre are Re ort D.1 Draft Re ort 20 3,087 - 3,087 D.2 Final Re ort 12 2,044 2,044 E. Pro ect Mana ement and Qualit Control 102 16 152 2 785 18 937 Direct Ex enses 1,777 1 777 STUDY ONE TOTAI. 824 $ 116 890 $ 1,777 $ 32,081 $ 150,748 ' Dhect Expense detail on attached sheet BUDGET SUMMARY BY TASK a or a or rec STUDY ONE Hours Cost Ex enses* Subs Total Cost A. Forecast Traffic 248 31,606 29 297 60 903 B. Review/U date Trans ortatlon Im roveme 274 35,353 - - 35,353 C. Deve o Trans ortatlon Im act ee 172 28,648 - - 28,648 D. Pre are 12e ort 32 5131 5,131 j E. Pro ect Mana ement and Qualit Control 102 16152 2,785 18,937 Direct Ex enses 1,777 1,777 STUDY ONE TOTAL 824 $ 116,890 $ 1,777 $ 32,081 $ 150,748 40.4% a or a or rec STUDY 7W0 Hours Cost Ex enses* Subs Total Cost A. Forecast Traffic 447 57 036 34 121 91,159 B. Review/U date Trans ortafion Im roveme 200 29,634 - - 29 634 C. Develo Trans ortatlon Im act Fee 282 44,713 - x4,713 D, Pre are Re ort 136 19,894 19,894 E. Pro ect Mana ement and Qualit Control 186 31,793 - 2,785 34,578 Direct Ex enses 2,018 STUDY TWO TOTAL 1 251 $ 183,072 $ 2,018 $ 36,905 $ 221 995 59.6% TOTAL STUDY ONE + STUDY TWO 2,075 $ 299,961 $ 3,795 $ 68 987 $ 372,743 E x h i b i t g Cost Proposal 2009-10-15.XLS;10/1512009 25C-17 Y-+~ } iT ~i~ ~ ~ _ - 'F f ; F 6_r H-r ~ - ~ STU©Y ONE: SANTA ANA/T'USTIN 't` Task A: Forecast Traffic The purpose of this task is to quantify future development, develop the traffi be used for the nexus analysis, and document information about future roadway improvements {committed Improvements as well as other potential improvemen#s in the study area}. The two Cities will provide lists and traffic studies that identify proposed future developments w(ihln the study area (the area covered by the JPA). If these developments represent less than full 4 buildout of the respective General Plans, it Is assumed that the Cities will also provide information 4 about other potential future development (land use 1 scenario. Estimates of development timing will be ob#a ned from the~reports orlfrom City staff 35 A To be able to use the land use Information as the basis for OCTAM trip forecasting (rather 1 than relying on OCTAM's socioeconomic forecasts), we will apply OCTA's Subarea Modeling ~ Guidelines: convert the land use data to socioeconomic data and then generate trips (productions and attractions) by purpose. 1 ~ Analysis of existing traffic conditions wifl be needed as a base for developing the future traffic ~ forecasts, and to demonstrate that the improvements in the fee program are not addressing existing congestion problems. Since traffic volumes are somewhat lower than normal during the current recessionary period, any new traffic counts will be reviewed and adjusted if necessary to be consistent with pre-recession counts. We are proposing several adaptations of OCTAM so the modeling will address the particular needs of this s#udy: ¦ Since OCTAM 3.3 has only two scenarios (base year 2003 and future year 2035), we will develop an interim (10-year) forecasting scenario by interpolating between 2003 and 2035. ' We will incorporate the land use-based tri trip levels outside the local area to provide reasonatble growth nAbac ground ((through) trafficM for each of the horizon years. ' We wifl adjust trip generation to account #or reduced trip-making associated with mixed use and transit-oriented developments. ¦ We will post-process (adjust) the raw model outputs so the future forecasts will be based on, and consistent w1th, the existing traffic counts. As part of the modeling in this task, we will produce future traffic forecasts and Level of Service results for the study area roads and intersections, to lay the groundwork for identification of needed improvements in Task B. The updated list of committed improvements will be used In Task 13 to help identify potential improvements to alleviate existing congestion and near-term ('I0-year) future congestion. The updated cost allocation table will provide information on sources and amounts of committed funding, so that those amounts will be excluded from the fee calculations 1n Task C. 8 tTL770153.09 - _ ~ and Associates, inc. 25C-18 i ~ s ~ 3s ~ - k~i., Its , - r ` ~ ~ £ ~ ~ ~ p ~ .ice ` ~ '~F;i ~'1= e f kT~S { ~ , To maximize efficiency of the study process (so we won't need to go back later and redo work elements in response to feedback from the Cities), and avoid the need for more meetings than have been outlined In the RFI' we are proposing an interim data review process to obtain City feedback when each step is complete, rather #han waiting until the end of the entire task. We will submit completed data elements {land use tables, committed improvements lists, existing traffic counts and LOS, future volumes and LOS, and cost allocation table) to the Cities when each is completed, and reques# review and commen# before we apply those data in subsequent steps. Not only will this make the process more smooth and efficient, but it also will contribute to our step- by-step consensus-building process. The following section fists the activities that we have identified as part of each task component. SubtaskA.'i: Document Future Development 1. Obtain future land use information for the study area. 2. Document the land use type, quantity, location, timing, and the data source. 3. Prepare a table that lists the future development types, quantities, and phase by OCTAM TAZ. 4. Submit land use data to Cities for review/comment and concurrence. 5. Convert land use data into socioeconomic data by TAZ. 6. Calculate future development's trip generation by TAZ 7. Calculate appropria#e trip reductions for mixed-use ortransit-oriented developments. 8. Summarize future trip generation by OCTAM TAZ for each of two scenarios: 2019 and 2035. ~ Subtask A.2: Document Commf#ted Roadway Improvements 1. Obtain in#ormation about committed roadway improvements. 2. Document committed roadway improvements, projected year of completion, and funding information. 3. Submit committed improvements information to Cities for review/comment and concurrence. Subtask A.3: Document Existing Traffic Conditions and Prepare Future Traffic Forecasts Up to 60 roadway segments and/or intersections wil? be.$elected in consul#ation with Cities' staff as locations that maybe candidates for enhancements due to future development. These will be the "study locations" for all scenarios. ~ 1. Obtain available recent traffic counts {at midblock and intersection study locations) from the Cities. ~ 2. Conduct new traffic counts at study locations for which recent counts are not available. ~ For budgeting purposes, we have assumed up to 25 midblock locations (24 hours) and 15 intersections (AM and PM peak turning movements} wilt be counted. ~ 3. Calculate existing peak levels of service {LOS), in accordance with the Cities' LOS guidelines. ~ 4. Submit existing count volumes and LOS results to Cities for review/comment and concurrence. ~ 9lnnorss.ov Kfmley-Nom ~ and Associates, Inc. 25C-19 z 0. ~ - 1 l J ~ - .Y ~ ~ ' h CC ~ p~~r~ • Y ~ ~ ~`di y ~Y, ;C~ ~%4tt~`~'1r:s~yy-e-3 I:~ ' - 5. Obtain OCTAM roadway networks, trip tables, and command fifes from OCTA. - ~ 6. CreatB an Existing Plus Committed network and a 2035 network. 7. Create trip tables for 2019 and 2035. _ 4~ 8. Create post-processor using traffic counts and base year model outputs. ~ 9. Prepare future traffic forecasts for 2019 and 2035. 1. 10. Calculate Levels of Service for study area segments and intersections (2019 and 2035). 11. Submit future traffic forecasts and LOS to Cities for review/comment and concurrence. Subtask A.4: Prepare Updated Cost Allocation Summary 1. Use available information to document cost estimates and committed funding for candidate improvements. ~ 2. Develop an updated cost allocation summary table. (This table will be updated again after the technical evaluation identifies additional projects for the nexus study improvement list.} 3. Submif cost allocation table to Cities for review/comment and concurrence. Subtask A.5: Tecltinical Memorandum 1. Prepare a technical memorandum. Task A Deliverables and Meetings Technical memorandum to document the results of Subtasks A.1 through A.4. (15 copies plus - an electronic version in MS Word will be submitted) =_;t~ A meeting with the Cifles' staff to review/discuss comments on the technical memorandum. J; Task B: Review/Update Transportation Improvement Projects _ The purpose of this task Is to identify improvements needed to alleviate traffic congestion from - future development, and develop an estimate of their aggregate cost. The two Cities have provided =L~ initial project lists, and this task will undertake the technical analysis to confirm or modify those improvement needs and add others if needed. Development fees cannot be used to pay for improvements that address existing congestion problems, so the existing conditions analysis will be used to identify study area improvements needed now. Some of these may be committed improvements, others may be unfunded. These improvements will be excluded from the fee program. Future improvement needs will be identified separately for the 2019 and 2035 scenarios. Developing the improvement cost estimates will be a critical element of this task, since costs are one of the primary factors that will drive the fee level. It will be important to have consistent, reasonable planning-level cost estimates for all the projects in the fee program. Roadway improvement costs have shown substantial volatility recently -recent street reconstruction bids i ' SOITL770153.09 ® Kimley-Nom and Associates,lnc. 25C-20 i' Y \ 1''. ~ - ~',1`~~t - 3 ~ y ~ ~ . ~ 1. . /2t • , 'r ~ 7~ rid.. ~~casta~ I _ ~ - -:'~...C - - _.9.. ~ _~~S ~ -t t for some of our clients have come in 40°~b below the cost of similar projects a year ago so we wUl base our cost estimates on recent experience with projects that fait into an expected cost range for when the projects wilt be constructed. The City of Santa Ana will be providing cost estimates ~ for the projects on its list. To achieve consistency, we propose to first have our roadway design engineers consult with Santa Ana staff and recommend appropriate unit cost factors based on ~ both our recent experience and the City's data. We will meet with staff from both Cities to agree on consensus cost factors that will be consistently applied to the improvements in the study. ! The cost estimates will include factors for planning, engineering, and environmental studies, as well as an appropriate contingency factor. The unit cost for right-of--way (which will fikefy involve different unit costs for different land use types) will be determined in consultation with both R Cities' staff. Schematic design drawings of roadway segment and intersection projects (including ~ anticipated turn pocket lengths and other appropriate design components) will be developed on the most current readily available aerial mapping. This and cursory filed reviews will be used to assist in identifying critical constraints and estimating both construction quantities and right-of-way acquisition costs. 4 Subtask B.1: identify Improvements Needed for Existing Conditions f? ~ 1. tdentify improvements needed to mitigate existing congestion. (These will be excluded from the nexus analysis.) Calculate LOS with improvements. 9 Subtask B.2: identify Future Improvements 4 1. Identify additional improvements needed to mitigate 2019 congestion. Calculate LOS with (mprovements. 2. Identify additional improvements needed to mitigate 2035 congestion. Calculate LOS with ~ improvements. 3. Submit improvement fists to Cities for review/comment and concurrence. ~ Subtask B.3: Develop Cost Estimates 1. Prepare aplanning-?evet project improvement cost template. 2. Review Santa Ana cost estimates and unit cost assumptions, along with recent available ~ construction cost information, and recommend appropriate methods and unit cost factors to 1 apply in this study. 3. Meet with Santa Ana and Tustin staff to develop consensus on a consistent costing methodology and unit cost factors. 4. Prepare schematic design drawings of roadway and intersection widening Improvements on aerial photographs. Drawings will be prepared for improvements in the Tustin portion of the study area, and for improvements in the Sonia Ana portion identified in Subtask B.2 but not on the City's initial list of improvement projects (Santa Ana staff will provide the cost estimates for those). For budgeting purposes, we have assumed two miles of roadway widening/ construction, two railroad overcrossings, and tour intersection widening projects. 1 1 171770153.09 Klmley-Hom ~ and Associates, inc. 25C-21 ~ _ L u, p~ Y.. d, f 5. For each improvement, use the drawings to determine quantities and right-of-way implications (full or partial take), and fill out the cost template to develop a cost estimate. 6. For each improvement, document the portion of the total cost that is covered by other ,6 committed sources of funding. Subtract committed #unding from the tots! project cost to determine the amount to be included in the fee calculations. Task B Deliverables and Meetings - ~ Technical memorandum that reports L4S results, documents forecast congestion, identifies improvements to address congestion, and presents schematic design drawings and cost estimates for identified projects. (15 copies plus an electronic version in MS Word will be ~ submitted.) • A meeting with the Cities` staffs (to review the initial cast es#imates and develop consensus on methodology). ~ Task G: Develop the Transportation Impact Fee ~ The purpose of this task is to utilize the land use, modeling, and project cost data to calculate the - ~ defensible fee level, identify appropriate internal fee area boundaries, and determine a fee level and _ ~ structure that is reasonable as well as supported by the nexus analysis. Modeling. The first step is to develop model data That will establish the nexus between planned future development and the needed improvements. To keep the fee structure as simple as possible, we will first evaluate the land use and improvement cost data to determine whether a single fee is defensible for the entire study area. If the proportion of new trips in each part of the study area is in line with the proportion of project costs in that area, a singfeper--trip cost would be justified throughout the study area and there would be no need for internal fee areas. Since this study area has the complexity of two jurisdictions, it is possible that a single zone fee structure may not be supported by the data. Assuming that it is not, we will explore op#fonal approaches for relating trips to costs, relating the total trip generation to total improvement cost by geographic area. The objective of this analysis will be to find a method that establishes a clear connection between trips and improvement costs. The model data will be tailored to the type of nexus being established. If the land use and cost data support a single fee level throughout the area, data that demonstrate trip interactions between different parts of the study area will establish the nexus. If the planned development and the needed improvements are dispersed throughout the study area, we will use model data to determine each area's trip contributions to each improvement project, and perform a fair share calculation to establish appropriate fee levels. When the modeling is performed to establish the nexus, we will also use the model to determine the sources of existing trips on those roadways, so existing trips can be subtracted and cost allocations are assigned only to future developments. 12 JTL770153.09 Klmley-Hom t~ and Assodaies, lno. 25C-22 tiY : _ 4 /f~ pp ~."•i "`+3 •r t,.Y~±t+c4_ 'S. , t.~7"~al ~ i ` -ors ~4 ' 't G ~Jrt F . E ~ ~-~~T. ' r h~ =l'..~, "s Internal Boundaries. Once the needed model data have been assembled, the next step is to evaluate and possibly update the internal boundaries. If the data do not support a single zone structure, the internal boundary lines should be drawn #o combine areas with similar trip con#ributlon characteristics so that the differing fee levels will be justifiable, equitable, and defensible basod on the model data. In preparing this analysis, we have found that it simplifies the process (and makes the results more understandable) to convert land use in each subarea into equivalent single family dwelling units, based on relative trip generation between the land use categories. This way, the study participants can more readily understand the relative growth in each subarea, and are better able to relate the results to the magnitude of fee level implied in the calculations. When the final fee level recommendation is developed, it also makes it easier to convert the per-trip fee into an appropriate fee rate for each land use category. Fee Level Recommendation. When a traffic Impact fee has not been updated for 16 years, it can be challenging for staff to determine what is a fair and equitable level to recommend to the City Council. The nexus analysis usually Justifies a fee that is not only much higher than the currentiy- adopted fee but also seems to be well above a level that might be considered "reasonable". On ' ~ the other hand, the needed improvements may be costlier than those funded by programs of nearby peer Cities, so adopting a fee level that Is comparable to other programs may not generate ~ sufficient revenue to implement the needed Improvements. In past projects we have found that our experience in balancing these issues and recommending a zone structure and fee level can help staff reach a consensus on a program to recommend to the Council. In a case like this involving multiple agencies, it will be essential to have a staff consensus before going to the JPA Board and City Councils. So we will develop a recommendation based on the nexus analysis, a survey of peer Cities' fee levels, and input from the technical staff and development community participants in the study. Ta reach consensus between both Cities' staff on the recommended program, we will conduct a joint meeting/workshop of the technical team to review the zone alternatives, the nexus data, the peer Cities' survey results, and the recommended fee program. The earlier reviews and concurrence on land use assumptions and improvement cost estimates will make it possible to focus this discussion on the rationale behind the consultant recommendations, so #hat the meeting outcome can be a consensus fee program recommendation to take to elected offlclafs. Once we have developed consensus among the technical team, we will prepare the technical inputs required for the two Cities' ordinances. As explained in the pre-proposal meeting, the City d~ Attorneys' offices will take the lead in preparing the ordinances, and the traffic consultant will S5~ provide the needed technical input. _ z"" 13 I TL7701 S3 .09 ®S~ KimleyHom ~ and Associates, inc. 25C-23 z :r - ~ ~ - , a „p a T s s.' k Mn co= bf . ~ ,t4 ~ rx Subtask C.9: Prepare Model Data for Nexus Analysis 1. Review the current internal boundaries for traffic fee levels, and consider adjustments to the boundaries if a clearer connection between land use and improvements could be established. ~ 2. For each subarea, calculate the percentage of trips generated in the overall study area, as well ~ as the percentage of improvement costs. 3. Evaluate optional approaches for establishing the nexus between trips and improvement costs, ~ and identify the specific model data needed. For budgeting purposes, we have assumed that ~ select link model runs will be used to determine each geographic area's fair share of each ~ improvement's cost. ~ 4. Prepare select link model runs using the 2019 and 2035 model to identify origins/destinations ~ of trips using streets being improved. For budgeting purposes, we have assumed that select link model data will be developed for 15 improvement projec#s. 5. Prepare select link model runs using the base year model to identify origins/destinations of existing trips using streets where improvements in the 2035 scenario are located. ~ Subtask C.2: Evaluate Internal Area Boundary Alternatives i . Based on the location of future development and the location of selected street capacity improvement projects, Identify two internal fee boundary alternatives that meet criteria for a _ rational nexus. 2. For each boundary alternative, use the select link data to determine each project's percentage of traffic attributable to each internal area, and the percentage attributable to through traffic. Subtask C.3: Identify Fee Levels Supported by Nexus Analysis ~ For each boundary alternative, calculate fee levels in each area as follows: 1. Apply the traffic percentages determined in C.2.2 to the cost of each improvement to determine the fair-share of cost attributable to each area. 2. Total the fair-share costs of projects for each area. 3. Calculate the per trip fee for each area, and convert the per-trip fee into a fee per equivalent single family unit. Subtask C.4: Compare with Traff1c Fees in Other Jurisdictions 1. Survey nearby peer Cities with development impact fees for street capacity improvements, and compare fee levels for different types of land use. 2. Prepare technical memorandum. t~,~ l'~ ra In~ro~ss.o9 i~ KimleyHom andAssoclates,lnc. 25C-24 t ~ FL ( i 'fi~r r 1~ ~ - ~ T 4_ - ' ' s , ~ _ _ .r. Subtask C.5: Draft Ordinances 1. Recommend a boundary alternative and a fee level that is Moth technically justified and reasonable. Consult with the Cities' staff, and develop consensus recommendation on a boundary alternative and fee level. 2, Prepare the technical portion of the ordinances to be adopted by the two Cities. Task C Deliverables and Meetings Prepare a technical memorandum that presents the consultant's fee program Yecommendationsavd supporting information developed in Subtasks C.1 through C.4. (15 copies plus an electronic version in MS Word will be submitted) • A meeting with both the Cities' staff to develop consensus on boundary alternatives to be ~ studied. • A meeting in each City with members of the development community (after Subtasks C.3 and ~ C.4) to share information on fee levels supported by the nexus analysis and fee levels in other jurisdictions and solicit input on the appropriate boundary structure and fee level. ~ A meeting with both Cities' staff to review the consultant's fee program recommendations and develop consensus on the recommendations to be forwarded to the JPA Board and City Councils. Task D: Prepare Report 'the study report will document the methodology, assumptions, data, analysis, conclusions, and recommendations of the study. The draft report will be based on the technical memoranda prepared for Tasks A, B, and C. An Executive Summary will be included to provide elected officials an understanding of the process, assumptions, methodology, conclusions, and recommendations without the technical detail. The Final Report will Jncorporate responses to comments from the two Cities on the draf# report. Subtask D.1: Prepare Draft Traffic Impact Fee Report 1. Prepare a draft report, ~ Subtask D.2: Prepare Final Traffic impact Fee Report i . Prepare a final report that addresses comments on the draft. Task D Deliverables and Meetings Prepare a Draft Report. {15 copies plus an electronic version in MS Word will be submitted) • Prepare a Final Report. (25 copies plus an electronic version in MS Word will be submitted) Attend a meeting of the JPA Board to approve and adopt the updated fee program. Attend a meeting of each Clty Council to approve and adopt the updated fee program. 15 J 71770153.09 Kimley-Horn a andAssodates, Inc. 25C-25 }j/ ~ t h S •~Y' E w - - ~ '-n ~ STUDY TWO: SANTA ANA ~ Study Two involves updating the fee program for the rest of Santa Ana outside the joint TSIA area with Tustin. Since the RFP's requested tasks and our scope of work are essentially the same as Study One, we are nat repeating the material presented above for Study One. Rather, the discussion below presents only those elements of our approach that will be different than in Study One. Task A: Forecast Traffic ` ~ For the sake of consistency between the two s#udies, we propose that the 2035 modeling performed for Study One also be used for Study Twv. (Study Two does not involve a Year 2019 scenario.) So the 2035 model runs will be based on future land use growth throughout the entire ~ City of Santa Ana as well as the TSIA portion of Tustin. In our cost esfimate, labor hours have been split between the two studies for the 2035 modeling tasks that will be performed in the same model runs. The following activities are different than Study One: ~ The Study Two land use and trip generation involve only the 2035 scenario and not an interim scenario for 20#9. • For budgeting purposes, we have assumed that we will conduct new traffic counts at up to 30 midblock locations (24 hours) and 20 intersections (AM and PM peak turning movements) Trip tables, traffic forecasts, and LOS analysis will be performed for 2035, but not 2019. Task A Deliverables and Meetings ¦ We will provide eight copies plus an electronic version In MS Word of the technical memorandum. We will have one meeting w?th Santa Ana staff to review/discuss comments on the technical memorandum. Task B; Review/Update Transportation Improvement Projects Task B will follow the same rocess as in Stud One exce t that the im rovement ro ects wi0 be P Y ~ P p p l located in the rest of Santa Ana outside the joint Santa Ana/Tus#in TS1A area. The following activities cif. are different than Study One: ~ For budgeting purposes, we have assumed that schematic design drawings and cost r~n~ estimates will be prepared for 2 miles of roadway widening/construction projects and 10 intersection widening projects. (Santa Ana staf# will provide the cost estimates for the improvements on the City's initial lis#.) _ Task B Deliverables and Meetings • We will provide eight copies pins an electronic version in MS Word of the technical memorandum. 16 I TL770153.09 v f~mley-Hom ? and Associates, Inc. 25C-26 h 3 f Y a, ti F'l` ~ x~ a7 y Z.C fix. -~€~~~'`G ~ i ~ t €a~~ s-yt e. } 7 ~ 7 ~ _ l~z _ _ ~ ~ We will have one meeting with Santa Ana staff to review the initia? cost estimates and develop consensus on methodology. Task C: Develop the Transpor#ation Impact Fee ¦ Task C will follow the same process as in Study One. With the exception of the survey of peer Cities' fee programs, the activi#ies in this task will be conducted separately from Study One (including the modeling}, since the nexus and fee program parameters for Study Two will be independent of Study One. Activities that refer to both Cities In Study One apply only to Santa Ana in Study Two, and modeling will involve only the 2035 scenario. • For budgeting purposes, we have assumed that select link model data will be developed for 25 improvement projects in the 2035 modeling scenario. Task C Deliverables and Meetings We will provide eight copies of the technical memorandum plus an electronic version in MS - ~ Word ~ We will have one meeting with just Santa Ana staff to develop consensus an boundary alternatives to be studied. • We will have one meeting with members of the Santa Ana development community (after Subtasks C.3 and C.4} to share information on fee levels supported by the nexus analysis and ~ fee levels in other jurisdictions and solicit input on the appropriate boundary structure and fee level. We will have one meeting with Santa Ana staff to review the consultant's fee program recommendations and develop consensus on the recommendations to be forwarded to the ~ City Council. ~a -d Task D: Prepare Report Task D will follow the same process as in Study One. Task D Deliverables and Meetings We will provide eight copies of the Draft Report, plus an electronic version in MS Word ¦ We will provide 15 copies of the Final Report, plus an electronic version in MS Word We will attend a meeting of the Santa Ana City Council for approval and adoption of the updated fee program. 17 I TL770153.09 ~ a~rldAssoclates, Inc. 25C-27 25C-28 REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 21, 2009 TITLE: APPROVED As Recommended COOPERATIVE AGREEMENT WITH As Amended Ordinance on 1S` Reading SANTA ANA UNIFIED SCHOOL Ordinance on 2"d Reading DISTRICT FOR EXTENDED LIBRARY Implementing Resolution HOURS Set Public Hearing For CONTINUED TO ~~~c.-~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Manager and Clerk of the Council to execute the attached cooperative agreement with the Santa Ana Unified School District to extend library services at three high school sites from February 2, 2010 to May 27, 2010 in an amount not to exceed $59,928, subject to non- substantive changes approved by the City Manager and the City Attorney. DISCUSSION In order to extend library services in the southern areas of the City where public library facilities do not exist, a cooperative agreement between the City of Santa Ana and the Santa Ana Unified School District was approved by City Council on October 20, 2008 for a one year term. A cooperative agreement between the City and the School District is once again recommended for approval in order to continue this service at the school sites. Under the terms of the proposed agreement, the District would provide library services, including book loans, at Valley, Saddleback and Century High Schools from 4 p.m. to 7 p.m., Tuesday through Thursday, from February 2, 2010 to May 27, 2010. The City will provide $59,328 to the School District to fund additional service costs and provide $600 for instructional and custodial supplies at the three school sites, for a total agreement amount of $59,928. In addition, the City will allocate $10,158 to hire part-time Library Technicians to staff the extended library hours. The total aggregate amount of funding and in-kind assistance provided to the District under the proposed agreement is $70,086. 25D-1 Cooperative Agreement with SAUSD December 21, 2009 Page 2 FISCAL IMPACT Funds are available in the General Fund, Non-Departmental account (no. 01105015 62300). .~n_ APPROVED AS TO FUNDS AND ACCOUNT: /W~J '~~6m~~~r ~ s , .~p~Gera do Mouet, Francisco Gutierrez, Exec tive Director Executive Director Parks, Rec. and Com. Svcs. Finance and Mgt. Svcs. Agency 25D-2 COOPERATIVE AGREEMENT BETWEEN THE SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA This Cooperative Agreement ("Agreement") is hereby entered this 21S` day of December, 2009 by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and the Santa Ana Unified School District, a California public school district organized under the Constitution and laws of the State of California ("District"). RECITALS A. The City and the District share a common purpose in extending library services to children and their parents living in the southern areas of the City of Santa Ana. B. The City and District recognize that there is a strong correlation between library use by children and success in school. C. The intent of this Agreement is to use already existing resources of both the City and the District to provide public library services in areas of the City where a public library facility does not exist. D. A partnership between the City of Santa Ana and Santa Ana Unified School District promoting the use of high school libraries to their surrounding communities after school hours is a logical extension of the correlation between library use and academic success. E. The high school sites identified in this Agreement can provide a safe and wholesome environment for kids and their parents, skilled and competent library staff, and up to date materials and technology. F. The City and District are agreeable to rendering such services on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. DISTRICT RESPONSIBILITIES A. District will provide a supervised environment for children and adults accompanying them for use of library materials and information technology in three high school libraries. B. The campuses housing those libraries are Century, Valley, and Saddleback High Schools. 1 of 5 25D-3 C. District will staff each of the locations with Library staff to assist members of the community in the use of the libraries. D. District will loan books and other material to District students and immediate family members, in a manner that is consistent with District policies and procedures established to meet the intent of this Agreement. E. The District will maintain records of library use during the hours funded under this Agreement and the City will regularly review the level of usage. F. The District will provide library services, including book loans, at Century, Saddleback and Valley High Schools from 4 p.m. to 7:00 p.m. Tuesdays through Thursdays from February 2, 2010, until May 27, 2010 ("Extended Library Service"). G. The District will provide qualified Certificated library staff at during the Extended Library Service hours. H. The District will provide typical accommodations for library users such as books, magazines, tables, chairs, access to information technology, drinking fountains, and restrooms. I. The District will provide monthly reports on use, by location. II. CITY RESPONSIBILITIES A. The City will pay the District $59,328 to cover costs of additional service to the public (Additional Service Cost). B. The City will allocate $10,158 to hire part-time Library Technicians to staff the extended library hours. C. The City will also pay $600 to cover replacement of instructional supplies and custodial supplies. The supply cost shall be paid in full to the District on or before the start of the Extended Library Service. III. DISPUTE RESOLUTION Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 30-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation followed/by arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the 2of5 25D-4 exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. IV. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees except where such liability, claims, losses, and demands arise solely from the willful acts or omissions of the non-indemnifying party. V. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. Prior to the start of Extended library Service, both parties shall furnish the other party with policies or certifications evidencing the party's insurance coverage. VI. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 3 of 5 25D-5 Attn: Office of the Superintendant A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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. VII. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. VIII. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to library services. IX. TERM The term of this Agreement shall commence on the date first set forth above and terminate on June 30, 2010, unless otherwise sooner terminated as provided in this Agreement. Upon termination, District shall return any unused monies. X. TERMINATION A. Either party may terminate this Agreement, without cause, upon Ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon Ninety (90) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of the District or City provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 4 of 5 25D-6 XI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. XII. MISCELLANEOUS PROVISIONS 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 in the County of Orange, State of California, on the date and year first above written. Santa Ana Unified School District City of Santa Ana By: By: Jane A. Russo David N. Ream Superintendent City Manager By: Jose A. Hernandez President of the Board Attest: Attest: By: By. Audrey Yamagata-Noji, Ph.D Maria D. Huizar Clerk of the Board Clerk of the Council Approved as to Form: Approved as to Form: By: By. Ron Wenkart Joseph W. Fletcher District Counsel City Attorney 5 of 5 25D-7 25D-8 . REQUEST FOR - COUNCIL ACTION ~4 CITY COUNCIL MEETING DATE: ~ " ~ ~ CLERK OF COUNCIL USE ONLY: DECEMBFsR 21, 2 0 0 9 TITLE: APPROVED ABANDONMENT NO . 0 8 - 01- S : ? As Recommended STJMMARY VACATION OF SUGAR ? As Amended ? Ordinance on 1St Reading AVENUE RIGHT OF WAY EAST OF ? Ordinance on 2nd Reading SUSAN STREET AND NORTH OF ? Implementing Resolution MCFADDEN AVENUE ? Set Public Hearing For CONTINUED TO /j ,/~.L„_.~._ FILE NUMBER C TY MANAGER RECOMMENDED ACTION Adopt a resolution vacating excess right of way for roads, railroads and ditches for Sugar Avenue east of Susan Street and north of McFadden Avenue. DISCUSSION In 2008, the City reconstructed roadway pavement within the Santa Anita Neighborhood as part of the Residential Street Repair program. At that time, it was determined that the City did not own the full width of Susan Street adjacent to 629 South Susan Street. The property owners, Enecon and Eduarda Velasquez, granted a street easement over a portion of their property to the City to allow for full width improvement of the street (Exhibit 1). During the street easement transfer process, it was discovered that a separate portion of the Velasquez' property is encumbered by a City- owned 20 foot wide easement for roads, railroads, and drainage ditches (Exhibit 2). The property rights were created as a reservation of easements in favor of the Stearns Rancho Company in 1905, later conveyed to the County of Orange, and finally transferred to the City in 1959 as part of the West Santa Ana Territory Annexation. The right of way was intended to be used to bridge Sugar Avenue, now McFadden Avenue, over the Santa Ana River. Instead, McFadden Avenue was realigned and constructed further south. The property owners have requested that the City to vacate the 1,616 square-foot easement. City staff recommends the actions because the dead-end strip offers no present or prospective use to the City. City records indicate that the Sugar Avenue right-of-way area has not been improved as a street while within the City's jurisdiction. The area serves as the Velasquez' a driveway. In addition, nearby portions of Sugar Avenue right-of-way were vacated in the past. 55A-1 Abandonment No. 08-O1-S December 21, 2009 Page 2 This abandonment is being processed as summary vacation, since the right-of-way lies adjacent to a single property ownership, has not been utilized for roads, railroads and ditches purposes, and no public funds been expended to maintain the area for more than five consecutive years. Utility companies, other government agencies and City departments were advised of the street vacation, and do not object to the abandonment. There are no existing overhead or underground utilities within the proposed vacated area. 13NVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2009-158 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. v Raul Godine II Executive Di ector Public Works Agency 55A-2 i i i JAMES STREET] ~ ~ --E~-------~ r 30' ~ 23' r r ~ ~ W ~ ~ ------------------------------1 i w AP #144-271-16 Z ~ 629 SUSAN STREET ~ Q ~ ~ Q z I ~ ~ ~ ~ ~ ~L=23.56' I 1 1 SUGAR AVENUE ° i i i i MCFADDEN ~ TRIANGLE ~ i i i r r i MCF gppe~q~~ r~ NSF ~ LEGEND: ~ ® AREA PREVIOUSLY DEEDED TO CITY FOR SUSAN STREET WIDENING EXHIBIT 1 r~ SANTA ANA Title= P 1 ' ~ city coi.ici AEANDONMENT N0. 08-01-S= TO SUMMARILY VACATE W ~ ~te~ SUGAR AVENUE RIGHT OF WAY EAST OF SUSAN December 21, 2009 ~~~~S~~r STREET AND NORTH OF MCFADDEN AVENUE i ~ ' JAMES STREET I i 30' ~ 23' ~ i l I ~ I AP # 1 44-271 -1 6 ~ W w I 629 SUSAN STREET ~ ~ ~ ~ t- i i Q ~ ' z ~ ~ Q' Q I i Q ~ I ~ ~ ~QZ ~ I ~-s.za• ~ ~ I ~ ~-s.oo• ~•~.oo• 20' i I I i i MCFADDEN ~ TRIANGLE ~ i i i i i McFgO i OFN q ~FN~ F LEGEND: ~ AREA TO BE ABANDONED EXHIBIT 2 SANTA ANA Titk~ P I'i ~ city co~,~c~ AgAN0ONMENT N0. 08-01-S~ TO SUMMARILY VACATE m VV 'undo DOte• SUGAR AVENUE RIGHT OF WAY EAST OF SUSAN December 21, 2009 PU&IC ronKS AGENCY STREET AND NORTH OF MCFADDEN AVENUE Iss12/09/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUMMARY VACATION OF SUGAR AVENUE PUBLIC SERVICE EASEMENT ON THE EAST SIDE OF SUSAN STREET AND NORTH OF MCFADDEN AVENUE 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 of Santa Ana intends to vacate a 20-foot public service easement on the east side of Susan Street and north of McFadden, bordering 629 South Susan Street pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California. B. The summary vacation of this easement is appropriate because the easement has not been used for the purpose for which it was dedicated for at least five consecutive years, pursuant to the provisions of California Streets and Highways Code § 8333. The easement was reserved in favor of Stearns Rancho Company in 1905 and has not been utilized for roads, railroads or drainage ditches since it was transferred to the City of Santa Ana in 1959. C. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2009-158 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 1616 square foot public service easement, as legally described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by reference. Section 3. The City Council of the City of Santa Ana hereby directs the Clerk of the Council to prepare a certified copy of this Resolution, and the Executive Director of Public Works, or his designated representative, to record the certified copy in the office of the Orange County Recorder. 55A-5 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: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of 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 Council City of Santa Ana 55A-6 EXHIBIT A LEGAL DESCRIPTION OF PARCEL 55A-7 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET ABANDONMENT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THE SOUTH 20.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF THE WESTERLY BOUNDARY LINE OF THE 400 FOOT RIGHT OF WAY OF NEWBERT PROTECTION DISTRICT, EXCEPTING THEREFROM THE WEST 32.87 FEET OF SAID SOUTH 20.00 FEET. TOGETHER WITH THE FOLLOWING PORTION OF THE SAID EAST HALF: BOUNDED ON THE SOUTH BY THE NORTH LINE OF SAID SOUTH 20.00 FEET; BOUNDED ON THE WEST BY A LINE PARALLEL WITH AND DISTANT 32.87 FEET EAST FROM THE WEST LINE OF SAID EAST HALF; BOUNDED ON THE EAST BY A LINE PARALLEL WITH AND DISTANT 43.00 FEET EAST FROM THE WEST LINE OF SAID EAST HALF TO A POINT LYING 7.00 FEET NORTH OF SAID NORTH LINE AT RIGHT ANGLE TO SAID NORTH LINE; BOUNDED ON THE NORTH BY A LINE AND A CURVE, SAID LINE BEING PARALLEL .AND DISTANT 7.00 FEET NORTH FROM THE NORTH LINE OF SAID SOUTH 20.00 I=FFY; THENCE WESTERLY ALONG SAID LINE A DISTANCE OF 5.00 FEET FROM SAID POINT ON SAID EAST LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°01'06" A DISTANCE OF 5.24 FEET, TO A POINT ON A LINE PARALLEL AND DISTANT 32.87 FEET FROM THE WEST LINE OF SAID EAST HALF. SAID ABANDONMENT CONTAINS AN AREA OF 1,616 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO FOR REFERENCE ONLY. Q~pF ESS~QN Q~~ ~G,E ACV 'q! PREPARED UNDER THE SUPERVISION OF: k,~ ~9 ~2 ~ Na.25161 N z Exp. 12/31/09 m 1~~~ y ~ GEORGE VAREZ DATE s~TFpF~'~1CA~P R.C.E. 25161 55A-8 i EXHIBIT B MAP DESIGNATING EASEMENT TO BE SUMMARILY VACATED 55A-9 EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR STREET ABANDONMENT FOR REFERENCE ONLY i i ~o JAMES STREET ~ I -SOUTH LINE OF THE ~ ' NORTH 1041.45' ~ ' U I I--- ~ I f- w i i ~ I 0 Q I ~ AP # 1 44-271 -1 6 1~ W = i 23' ~ 629 SOUTH SUSAN STREET ~ ~ _o i 1 ~ I ~ ~ i i Q U w I W w ~ i i Q 1- ~ 1 L-18.32' I ~ ~ I R-15.00' Q ~ ~ ~ ~-69°58'54" 1 f- L1 z i L-5.2a' i ~ Q I R-15.00' Uj ~ ~ ~ x-20°01'06" 1 ~ i i m ~ I rEC ~ L-5.00' I ? W ~ m m L-7.00' 20' i z I 27.86' I I 32.87' SOUTH LINE OF THE NORTHWEST WEST LINE OF THE EAST HALF QUARTER OF SECTION 15-5S-10W OF THE SOUTH EAST QUARTER PER MM 51/12 OF THE NORTHWEST QUARTER OF SECTION 15 LEGEND: ® AREA TO BE ABANDONED (PORTION OF VACATED SUGAR AVENUE RIGHT OF WAY) 55A-10 REQUEST FOR ~r,, COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 21, 2009 TITLE: APPROVED RESOLUTION FOR SAFE ROUTES TO ? As Recommended SCHOOL GRANT FOR IMPROVEMENTS ? As Amended ALONG JIM THORPE ELEMENTARY ? Ordinance on 1S` Reading ? Ordinance on 2nd Reading SCHOOL ROUTE ? Implementing Resolution ? Set Public Hearing For CONTINUED TO rte- Q - FILE NUMBER CI Y MANAGER RECOMMENDED ACTION Adopt a resolution supporting State funding of the Jim Thorpe Elementary School route improvements at the Greenville Street/Alton Avenue railroad crossing and authorizing the Executive Director of the Public Works Agency to execute the agreement under California`s Safe Routes to School Program. DISCUSSION The State of California Department of Transportation issued a call for projects for the Safe Routes to School Program (SR2S). This is a state funded program which provides construction funds for projects to improve school pedestrian safety such as wheelchair ramps, sidewalk, pavement markers, and school signage. Staff submitted the Jim Thorpe Elementary School route improvements at the Greenville Street/Alton Avenue railroad crossing for SR2S funding for fiscal year 2009/2010. Given the need for these improvements, staff recommends that the City Council adopt a resolution supporting State funding of this project and authorizing the Executive Director of the Public Works Agency to execute agreement under the Safe Routes to School Program. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those projects that receive funding and will be presented to the City Council when the construction contract(s) is awarded. These types of projects typically qualify for Categorical Exemptions. 55B-1 Resolution For Safe Routes To School Grant December 21, 2009 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. If this project is approved, the City will need to provide 10~ matching funds in the amount of $15,741. Matching monies for the proposed project are available in Measure M Turn-back fund. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance and Management Svc. Agency 55B-2 55B-3 Iss12/15/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE A GRANT AWARD AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO SCHOOL 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. In 1999 the State of California enacted California Streets and Highways Code §2333.5, which calls for Caltrans to establish and administer a "Safe Routes to School" construction program ("Program") and to use federal transportation funds for the construction and improvement of school pedestrian safety projects. B. The Program mandates that Caltrans shall make grants available to local governmental agencies for projects to improve school pedestrian safety such as sidewalks, curb ramps, pavement markers, school signage, driver feedback signs, and traffic calming projects. C. The City of Santa Ana has been selected to receive Program funds to provide pedestrian safety improvements at the Jim Thorpe Elementary School at the Greenville Street/Alton Avenue railroad crossing. Section 2. The City Council of the City of Santa Ana supports State funding of the Jim Thorpe Elementary School route improvements at the Greenville Street/Alton Avenue railroad crossing. Section 3. The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency, or his designee, to execute the grant award agreement with the California Department of Transportation, for the Safe Routes to Schools Program. 55'B-4 Iss12/15/09 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: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of 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 Council City of Santa Ana 2 55B-5 55B-6 REQUEST FOR COUNCIL ACTION ~'~r, CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: December 21, 2009 TITLE: APPROVED ' ? As Reco~~nmended ORANGE COUNTY TAXI ? As Amended ADMINISTRATION PROGRAM ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading REGULATIONS ? Implementing Resolution ? Set Public Hearing For CONTINUED TO i'~~' FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a Resolution - Adopting revised Orange County Taxi Administration Program Regulations. DISCUSSION The Orange County Taxi Administration Program was established in 1998 as a voluntary association comprised of the 34 Orange County cities. The purpose of the program is to coordinate taxi service consistent with Government Code §53075.5, which requires every city and county to protect the public health, safety and welfare of persons utilizing taxi services. The program is self-funded and managed by the Orange County Transportation Authority that also monitors the collection of fees from the taxi companies and drivers. The program relieves the administrative burden on individual cities and eliminates the duplication for taxi companies and drivers requesting permits in multiple cities. In addition, the Orange County Taxi Administration Program establishes uniform regulations for insurance, equipment, mechanical conditions and taxi fares. The Orange County Transportation Authority is requesting that all participating cities adopt the proposed regulation changes. The revisions being considered for adoption provide for enhanced insurance coverage, Livescan screening by the California Department of Justice, deletion of interim operating permits and up-to-date driver photographs. The revisions will also ensure that minor vehicle repairs are completed within 10 business days and it reforms service standards related to providing 24- hour dispatch service, credit card payments, enhanced dispatch record keeping and enactment of a formal complaint policy. Fiscal Impact There is no fiscal impact associated with this action. 55C-1 55C-2 (JWF: 12/15/09) RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS. 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. Government Code Section 53075.5 et. seq. requires every city or county to protect the public health, safety, and welfare by adopting an Ordinance or Resolution in regard to taxicab transportation services which are operated within the jurisdiction of said city or county; and B. Orange County cities have formed a voluntary association, the Orange County Taxi Administration Program (OCTAP), to coordinate taxicab service permitting and other administrative functions with the Orange County Transportation Authority (OCTA) in order to increase public safety, to reduce administrative costs for the public and the private sector, and to expand the provisions of private transportation service in Orange County; and, C. The City has entered into an interagency agreement with the OCTA in which the City agreed to participate as a member agency in OCTAP and the OCTA agreed to provide the staff and administrative services necessary to implement the Program; and D. OCTAP established uniform regulations applicable to taxicab companies and taxicab drivers, adopting minimum standards for insurance, equipment, mechanical conditions, taxicab fares, and other aspects of taxicab operations; and E. The uniform regulations established by OCTAP are designed to comply with the City's responsibilities under Government Code Section 53075.5; and, Resolution No. 2009-XXX 5503 Page 1 of 3 F. OCTAP has been in operation since 1998 and has conducted quarterly meetings with OCTAP Steering Committee and OCTAP Public Safety Committee, comprised of designated representatives from each OCTAP member agency; and G. The OCTAP Safety Committee has reviewed, and the OCTAP Steering Committee has reviewed and approved amendments to the OCTAP Regulations to further protect the health, safety, and welfare of persons utilizing taxicab services in member agencies' jurisdictions. Section 2. The City Council hereby ratifies and adopts the revised OCTAP Regulations dated and approved by the OCTAP Steering Committee on October 1, 2009, which Regulations are on file in the Office of the Clerk of the Council. 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 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2009-XXX Page 2 of 5 5504 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 5505 Page 3 of 3 55C-6 1 ~ REGULATIONS OF THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM Amended Fee Schedule 07/01/2008 Amended Passenger Fares 05/24/2008 G52123J 55C-7 TABLE OF CONTENTS 1. PURPOSE AND SCOPE ......................................................................................1 1.1. OCTAP ..........................................................................................................1 1.2. Objective ........................................................................................................1 1.3. Agency Legislative Independence and Authority Retained ............................1 1.4. Implementation 2 2. DEFINITIONS .......................................................................................................2 2.1. Agency ...........................................................................................................2 2.2. Area of Jurisdiction ........................................................................................2 2.3. Company .......................................................................................................2 2.4. Company Permit ............................................................................................2 2.5. Driver .............................................................................................................2 2.6. Driver Permit ..................................................................................................2 2.7. OCTA 3 2.8. OCTAP ..........................................................................................................3 2.9. OCTAP Administrator ....................................................................................3 2.10. Permittee .......................................................................................................3 2.11. Taxicab ..........................................................................................................3 2.12. Taxicab Permit ...............................................................................................3 3. AGENCY AND OCTA PARTICIPATION ..............................................................3 3.1. Agency ...........................................................................................................3 3.2. OCTA .............................................................................................................4 3.3. Mutual lndemnification ...................................................................................5 4. ADMINISTRATIVE COMMITTEES ......................................................................5 4.1. Steering Committee .......................................................................................5 4.2. Safety Committee ..........................................................................................5 5. COMPANY PERMITS ..........................................................................................5 5.1. Company Permit required ..............................................................................5 5.2. Company Permit requirements ......................................................................6 5.3. Basis for Denial ...........................................................................................10 5.4. Company Drivers .........................................................................................11 5.5. New Company Drivers .................................................................................11 5.6. Issuance ......................................................................................................11 5.7. Compliance With Separate Agency Requirements ......................................11 5.8. Term of Company Permit ............................................................................11 5.9. Company Permit renewal ............................................................................12 5.10. Company Permit Suspension/Revocation ...................................................12 5.11. Company Permit Penalties/Suspensions .....................................................13 5.12. Right to Appeal ............................................................................................13 6. DRIVER PERMITS .............................................................................................13 6.1. Driver Permit Required ................................................................................13 6.2. Driver Permit ................................................................................................13 6.3. Driver Permit Issuance ................................................................................14 6.4. Term of Driver Permit ..................................................................................14 6.5. Compliance with Agency Requirements ......................................................14 Pagei ~s,i?; i 55C-8 6.6. Renewal of Driver Permit .............................................................................14 6.7. Driver Permit limitation .................................................................................14 6.8. Possession and Display of Driver Permit required .......................................14 6.9. Possession of Another Person's Driver Permit Prohibited ...........................15 6.10. Replacement Driver Permit ..........................................................................15 6.11. Expiration of Replacement Driver Permit .....................................................15 6.12. Driver Permit Transferability to Another Company ......................................15 6.13. Driver Permit Denial .....................................................................................16 6.14. Driver Permit Suspension/Revocation .........................................................17 6.15. Driver Permit Penalty/Suspension ...............................................................18 6.16. Right to Appeal ............................................................................................18 6.17. Driver Permit Surrender ...............................................................................18 7. TAXICAB PERMITS ...........................................................................................18 7.1. Inspection ....................................................................................................18 7.2. Taxicab Permit .............................................................................................18 7.3. Random Inspections ....................................................................................19 7.4. Re-inspection ...............................................................................................20 7.5. Taxicab Substitution ....................................................................................20 7.6. Substituted Taxicab Sticker .........................................................................20 7.7. Taxicab Permit Renewal ..............................................................................21 7.8. Taxicab Permit Renewal Sticker ..................................................................21 7.9. Taxicab Permit Surrender ............................................................................21 8. TAXICAB INSPECTION STANDARDS ..............................................................21 8.1. Minimum Standards .....................................................................................21 8.2. Body Condition ............................................................................................22 8.3. Brake System ..............................................................................................22 8.4. Climate Control ............................................................................................22 8.5. Exhaust System ...........................................................................................23 8.6. Fuel Tank Cap .............................................................................................23 8.7. Horn .............................................................................................................23 8.8. Hubcaps or Wheel Covers ...........................................................................23 8.9. Interior Condition .........................................................................................23 8.10. Interior Information ......................................................................................23 8.11. License Plates .............................................................................................24 8.12. Lights and Lenses .......................................................................................24 8.13. Markings ......................................................................................................25 8.14. Mirrors .........................................................................................................25 8.15. Muffler ..........................................................................................................25 8.16. Parking Brake ..............................................................................................25 8.17. Proof of Insurance .......................................................................................26 8.18. Radio ...........................................................................................................26 8.19. Seat Belts ....................................................................................................26 8.20. Steering and Suspension System ................................................................26 8.21. Taximeter and Meter Seals .........................................................................26 8.22. Tires .............................................................................................................27 8.23. Windows ......................................................................................................27 Page ii ~>s~iz; i 55C-9 8.24. Windshield Wipers .......................................................................................27 8.25. Foot Pedal Pads ..........................................................................................27 8.26. California Vehicle Registration .....................................................................27 8.27. Vehicle Age .................................................................................................28 8.28. Vehicle Maintenance and Records ..............................................................28 9. TAXICAB OPERATION .....................................................................................28 9.1. Direct Routes ...............................................................................................28 9.2. Receipt ........................................................................................................28 9.3. Solicitation ...................................................................................................28 9.4. Fares Charged .............................................................................................28 9.5. Accidents .....................................................................................................28 9.6 Dispatch .......................................................................................................29 9.7 Place of Business 29 9.8 Credit Card Payment ...................................................................................29 9.9 Dispatch Information ....................................................................................29 9.10 Records Retention 29 9.11 Lost and Found ............................................................................................29 9.12 Complaints ...................................................................................................29 9.13. Additional Operational Requirements ..........................................................30 10. PERMIT FEES AND TAXICAB FARES .............................................................30 10.1. OCTAP Permit Fees ....................................................................................30 10.2. Taxicab Passenger Fares ............................................................................30 10.3. Refund Policy 32 ~ 11. NON-PERMITTED TAXICAB OPERATION AND ADVERTISING .....................32 11.1. Purpose ..................................................................................................32 11.2. Information Warranting an Investigation ......................................................32 11.3. OCTAP Administrator Review and Authority ...............................................33 12. APPEAL......... ................................................................................................34 12.1. Notice of adverse action ..............................................................................34 12.2. Notice of appeal ...........................................................................................34 12.3. Stay .............................................................................................................34 12.4. Stay, exception ............................................................................................34 12.5. Initial review of appeal .................................................................................34 12.6. Hearing Officer ............................................................................................35 13. AMENDMENT(S) TO REGULATIONS ...............................................................36 13.1. Administrative Amendment(s) ......................................................................36 13.2. Substantive Amendment(s) .........................................................................36 13.3. OCTAP Permit Fees and Taxicab Passenger Fares ...................................36 Page iii bs~i?,.i 55C-10 1. PURPOSE AND SCOPE 1.1. OCTAP. 1.1.1. The Orange County Taxi Administration Program (OCTAP) is a voluntary association of Orange County Agencies created to coordinate taxicab service permitting and other administrative functions with the Orange County Transportation Authority (OCTA) in compliance with California Government Code § 53075.5 as authorized by participating Agencies. 1.1.2. OCTAP has been in operation since 1998 pursuant to interagency agreements between OCTA and participating Agencies. The OCTAP Regulations have been adopted and have evolved during OCTAP's operation. 1.1.3. The OCTAP Regulations are intended to continue the interagency relationship between OCTA, OCTAP and participating Agencies while at the same time reducing the multiplicity of documentation involved in the regulation of taxicab services in Orange County. 1.2. Objective. The objective of OCTAP is to increase public safety, to reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. 1.3. Agency Legislative Independence and Authority Retained. 1.3.1. Each Agency retains all authority, responsibility, and independence for taxicab regulation and enforcement within its jurisdiction. 1.3.2. Each Agency retains all authority to select the Company(ies) authorized to operate within its jurisdiction, and will determine the boundaries of service th ose Company(ies) may serve, including the number of Taxicabs authorized to operate within its jurisdiction. 1.3.3. Each Agency shall be responsible for enforcing the OCTAP licensing requirements, prosecuting violators, and agree to notify OCTA of such occurrences. 1.3.4. OCTA will not collect franchise fees or business license fees imposed by participating Agencies on Taxicab Companies or Drivers. 1.3.5. All policies, procedures, ordinances, rules, and regulations pertaining to Taxicab Companies, Taxicab Drivers, Taxicabs, fares, notices, safety, taxicab stands, pickup, hours of operations, and all other functions not Page 1 vs3(2; t 55C-11 specifically provided for in these regulations as currently in place or as amended, shall remain within the authority and jurisdiction of each Agency. 1.4. Implementation. These regulations implement the provisions of the Taxicab ordinances, resolutions and regulations adopted by the legislative bodies of each OCTAP participating Agency, and regulate taxicab service within the Area of Jurisdiction of each such Agency. 2. DEFINITIONS 2.1. Agency. "Agency" means each City and the County of Orange, which participate in OCTAP. 2.2. Area of Jurisdiction. "Area of Jurisdiction" of each Agency means the area within the boundaries of a City, or for the County means the unincorporated area, including John Wayne Airport. 2.3. Company. "Company" includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. 2.4. Company Permit. "Company Permit" means a valid permit issued b OCTAP authorizin a Y g Company to operate a Taxicab business in any participating Agency, which allows the Company to serve that Agency. 2.5. Driver. "Driver" means a person who drives or controls the movements of a Taxicab. 2.6. Driver Permit. "Driver Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a Taxicab. 2.7. OCTA. "OCTA" means the Orange County Transportation Authority. Page 2 ~sz i z>. i 55C-12 2.8. OCTAP. "OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. 2.9. OCTAP Administrator. "OCTAP Administrator" means an OCTA employee who will manage and supervise all OCTA responsibilities set forth in the OCTAP Regulations. 2.10. Permittee. "Permittee" means a company, which holds a valid Company Permit. 2.11. Taxicab. "Taxicab" means a vehicle capable of carrying not more than eight persons, excluding the Driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. 2.12. Taxicab Permit. "Taxicab Permit" means a valid permit issued by OCTAP, authorizing a particular vehicle to be operated as a Taxicab. 3. AGENCY AND OCTA PARTICIPATION 3.1. Agency. Each Agency that joins OCTAP shall: 3.1.1. Participate as a member of OCTAP and provide no less than twelve (12) months written notice to OCTAP prior to withdrawing from OCTAP. 3.1.2. Appoint its City Manager, Executive Officer, or their designee, to participate as members of the OCTAP Steering Committee. 3.1.3. Appoint its Chief of Police, County Sheriff, or their designee, to participate as member of the OCTAP Public Safety Committee. Page 3 ~~s~i~; i 55C-13 3.1.4. Adopt and enforce a Taxicab ordinance or resolution consistent with the regulations herein, and use such ordinance or resolution as the exclusive method of regulating Taxicabs within its Area of Jurisdiction. 3.1.5. Enforce, and if necessary, prosecute all violations of its Taxicab ordinance or resolution and the regulations herein. 3.1.6. Notify OCTA in writing of any regulation, Taxicab Company limitation, Taxicab Driver limitation, Taxicab limitation, or more stringent regulation, within its jurisdiction with respect to any permitting or operational standard for Taxicab business operations. 3.1.7. Notify OCTA of any public or law enforcement complaint pertaining to permitted Taxicab Companies, Taxicabs, and Taxicab Drivers within its jurisdiction. 3.2. OCTA. OCTA shall provide the services described in the OCTAP Regulations on behalf of each Agency that adopts an ordinance or resolution adopting the OCTAP Regulations and shall: 3.2.1. Provide staff and administrative services necessary to implement and enforce the OCTAP Regulations. 3.2.2. Collect fees to cover the costs of administering OCTAP. 3.2.3. Provide participating Agencies no less than twelve (12) months written notice prior to withdrawing from OCTAP. 3.2.4. Provide administrative services on behalf of each Agency, but shall not assume liability for the performance of Taxicab Companies, Taxicab Drivers, or Taxicabs. 3.2.5. Not be responsible for the enforcement of Agency ordinances or resolutions except as provided for herein. 3.3. Mutual Indemnification. OCTA and each Agency shall save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, actual attorney's fees, court costs, interest, defense costs and expenses associated therewith, including the use of experts and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of each party's performance Page 4 ~s?i~._t 55C-14 of the agreements herein and attributable to the fault and/or liability by agreement between the parties or by a court of competent jurisdiction. The party responsible for liability to the other will indemnify the other party for the percentage of liability determined as set forth herein. Each party is responsible for the acts or omissions of their own officers, agents, employees, or volunteers. 4. ADMINISTRATIVE COMMITTEES 4.1. Steering Committee. 4.1.1. The OCTAP Steering Committee shall consist of the City Manager, Executive Officer, or their designee, from each Agency, one representative of the tourist industry in Orange County, and two representatives (one "large" and one "small") of the permitted Taxicab companies; chosen, via election, by the "small" and the "large" permitted taxicab companies. Large Taxicab companies are defined as those operating more than the average number of vehicles owned by Orange County Taxicab companies. Small Taxicab companies are defined as those operating less than the average number of vehicles owned by Orange County Taxicab companies. 4.1.2. The OCTAP Steering Committee will meet quarterly to advise OCTA on Taxicab regulation implementation. 4.2. Safety Committee. 4.2.1. The OCTAP Safety Committee shall consist of the Police Chief, County Sheriff, or their designee, from each participating Agency. 4.2.2. The OCTAP Safety Committee will meet quarterly to advise OCTA and the OCTAP Steering Committee on issues of public safety. 5. COMPANY PERMITS 5.1. Company Permit required. No Company shall operate a Taxicab business, or advertise as a Taxicab business, within the Area of Jurisdiction of an Agency without having first obtained a Company Permit from OCTAP and without first obtaining permission from the Agency to operate in the Area of Jurisdiction of such Agency, if the Agency's legislative body requires such permission or permitting. Page 5 es~i?~.i 55C-15 5.2. Company Permit requirements. A Company Permit shall be issued from OCTAP when the following conditions have been satisfied: 5. 2.1. Submission of a completed Company Permit application package; 5.2.2. Submission of a copy of the applicant's drug and alcohol policy meeting OCTAP requirements and proof that the applicant has implemented a Drug and Alcohol Certification Program covering all its Driver employees and independent contractors leasing vehicles from the applicant pursuant to the then current Government Code § 53075.5 (and any successor legislation) and meeting the following requirements: 5.2.2.1. A contract with a program administrator and authorized lab certified by the U.S. Department of Transportation; and 5.2.2.2. Procedures and components substantially as in Part 40 of Title 49 of the Code of Federal Regulations for pre- employment or pre-licensing, and licensing renewal; and 5.2.2.3. Procedures and components substantially as in Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return-to-duty and follow up testing; and 5.2.2.4. Procedures and components for random testing following U.S. Department of Transportation guidelines, and additional tests as required following accidents, rehabilitation, return- to-service, and other circumstances providing reasonable suspicion to test; and 5.2.2.5. Monthly reports of the random testing component shall be filed with OCTAP by the program administrator no later than the 20th day following the end of the previous monthly reporting period; and 5.2.2.6. The applicant's and program administrator's records shall be made available to the OCTAP Administrator upon request; and 5.2.2.7. Test results for self employed independent drivers are reported directly to OCTAP while results for employees of the applicant are reported to the applicant, provided that the applicant must notify OCTAP immediately of any positive result of an employee by providing the name, identifying Page 6 ~s_i~?.i 55C-16 information, driving status of the employee, and action taken by the applicant by telephone and fax; and 5.2.2.8. Drivers must show a valid California driver's license at the time and place of testing; and 5.2.2.9. All test results are kept confidential except that OCTAP is authorized to receive copies for its regulatory purposes, and except as otherwise authorized or required by law; and 5.2.2.10. The provisions of this Subsection 5.2.2 shall become effective April 22, 2003. 5.2.3. Submission of evidence of insurance, in full force and effect, in such form as required by OCTAP, issued by a solvent and responsible company licensed to do business in the State of California, insuring the applicant against loss by reason of injury or damage that may result to persons, including taxicab passengers, or property, from the negligent operation or maintenance of such Taxicab. Applicant shall provide a Certificate of Insurance and Insurance Policy Binder showing that the applicant is insured fora minimum combined single limit of one million dollars ($1,000,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property with an insurer with a minimum AM Best Rating of A-7. Each insurance policy required by these regulations shall waive all rights of subrogation against OCTA, OCTAP and its member agencies, including the County of Orange, their elected and appointed officials, officers, directors, employees, agents and volunteers. No self-insured retention shall be allowed. Deductibles shall not exceed ten thousand dollars ($10,000) per occurrence. In addition, the applicant shall direct the insurance company to provide OCTAP copies of Endorsements to the insurance policy 1) naming OCTA, OCTAP and its member agencies, including the County of Orange, their elected and appointed officials, officers, directors, employees, agents and volunteers as additional insureds; and 2) indicating that coverage shall not be reduced, terminated or cancelled without thirty (30) days prior written notice to OCTAP; and 3) the OCTAP special endorsement must be completed and duly executed by the agent or broker of record and submitted along with the proof of insurance. Certified copies of the insurance policies shall be provided to OCTAP within ninety (90) days of the policy issuance. At least ten (10) business days prior to the expiration of the current policies, a Permittee shall submit insurance binders evidencing insurance coverage for the policy period subsequent to the expiration of the current policies. Lapses or interruptions of insurance coverage shall cause an immediate suspension of the Company Permit, pending revocation, and an immediate revocation of all Taxicab Permits issued to the Permittee. Page 7 r~szia=.i 55C-17 Reinstatement of a Company Permit may require payment of applicable fees and/or fines. Furthermore, if reinstated, any Taxicab(s) a Permittee desires to be placed back into service will require the issuance of a new Taxicab Permit with applicable fees paid. 5.2.4. Submission of financial documents and other information as required by OCTAP; 5.2.5. Submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code Section 1808.1. Permittees are required to immediately notify the OCTAP Administrator if they receive a DMV Pull Notice on one of their Drivers. In the event the Driver's DMV record indicates he/she no longer qualifies for a Driver Permit, Permittee shall require the Driver to turn over his/her Driver Permit to Permittee. Permittee shall return the Driver Permit to the OCTAP Administrator. DMV Pull Notice records shall be made available to the OCTAP Administrator upon request; 5.2.6. Submission of proof of current California Department of Motor Vehicles registration for each Taxicab listed in the Company Permit application. All Taxicabs listed in the Company Permit application shall be registered pursuant to Section 8.26; 5.2.7. Every owner, partner or principal officer of applicant has submitted to Livescan fingerprinting at an approved California Department of Justice finger printing agency (first time applicants only unless otherwise required); 5.2.8. Every owner, partner or principal officer of applicant has successfully cleared a background check; and 5.2.9. Payment of all applicable fees. 5.2.10. Submission of proof, acceptable to the OCTAP Administrator, that applicant Company will meet the following service standards during its term of operation: 5.2.10.1. Company shall maintain and provide year-round, 24-hour live human response dispatched telephone service. 5.2.10.2. Company shall have a principle place of business from which it conducts its activities as a Taxicab Company, including dispatch of Taxicabs required above, and related activities. (Multiple locations for other activities such as storage, maintenance/repair, etc., are allowed.) Page 8 es_~?3_i 55C-18 5.2.10.3. Company and all Drivers shall provide electronic processing of credit cards as a payment option to customers. 5.2.10.4. Company shall maintain the ability to provide OCTAP, upon request, the following order and dispatch record information for each service request: - Driver responding to service request; - Location of pickup request; - Identification of order taker; - Date and time order was placed, printed with time machine and/or computer dispatch system; - Time delay quoted, if any; - Identification of Taxicab dispatched (the Company must also, through a separate record, be able to identify the name of the Driver); and - Time of dispatch, printed with time machine and/or computer dispatch system. 5.2.10.5. Company shall keep order and dispatch records readily available to OCTAP for at least ninety (90) days. 5.2.10.6. Company shall have a written lost and found policy and shall have submitted a copy to OCTAP. 5.2.10.7. Company shall have a policy in place to receive complaints. The complaint policy must contain the mechanism for receiving complaints, investigation, and final resolution of complaints, as well as corrective actions. All complaints must be responded to in an expedient, responsible, and professional manner. 5.3. Basis for Denial. A Company Permit shall be denied if any of the following apply to an applicant Company or to any owner, partner or principal officer of an applicant Company: 5.3.1. Is under the age of 18 years; 5.3.2. Falsifies material information on the application for Company Permit within the past one (1) year; 5.3.3. Is a registered sex offender pursuant to California Penal Code Section 290; Page 9 c,szi?; i 55C-19 5.3.4. Is on formal probation or parole for any offense outlined in this Section 5.3; 5.3.5. Is convicted (or pleads guilty or nolo contendere) in any state for any of the following: murder; robbery; pandering; pimping; crimes related to the sale or transportation of controlled substances, including marijuana; crimes involving the use of a weapon; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a Taxicab owner; 5.3.6. Is convicted (or pleads guilty or nolo contendere) in any state for a felony other than those listed in the previous section within eight (8) years of the application; or 5.3.7. Has any conviction within five (5) years of application (or plea of guilty or nolo contendere) in any state or has any final administrative determination of a violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the Company Permit under these regulations. 5.3.8. Operation of its business without the insurance required in Section 5.2.3. 5.3.9 Is held liable under any judgment, decision or determination by any public or regulatory agency for operating Taxicabs without the requisite insurance after the adoption of these regulations. 5.3.10 Is subject to any unsatisfied court judgment arising from liability for operating Taxicabs, including, but not limited to, collisions or operating without the requisite insurance, within 15 years of submitting the application. 5.3.11. Failure to provide required evidence of service standard compliance pursuant to Section 5.2.10. 5.4. Company Drivers. 5.4.1. At the time the Company Permit application is submitted, the applicant shall provide to OCTAP a list of Drivers authorized to operate the Taxicabs identified in the Company Permit. 5.4.2. Applicant shall provide OCTAP with notice by fax within 24 hours in the event that any Driver listed in the Company Permit is no longer authorized to operate a Taxicab identified in the Company Permit. Page 10 eszi?._i 55C-20 5.5. New Company Drivers. A Permittee may add Drivers to its list of Drivers authorized to operate the Taxicabs identified in the Company Permit, provided that: 5.5.1. Permittee has already submitted to OCTAP an Intent to Hire/Intent to Lease a Taxicab form identifying the Driver as being employed or given a written offer of employment or as being aself-employed independent contractor of the Permittee; and 5.5.2. The Driver to be added has been issued a Driver Permit by OCTAP which states the Driver is affiliated with the Permittee and identified as either an employee or leased Driver. 5.6. Issuance. Upon Applicant's successful satisfaction of the conditions listed in this Section, Applicant shall be issued an OCTAP Company Permit within five (5) business days. 5.7. Compliance With Separate Agency Requirements. After OCTAP issues a Company Permit, the Permittee shall also comply with any separate requirements that may have been adopted by any Agency in which Permittee intends to operate, including, but not limited to, establishment of a franchise and the payment of business license fees or taxes. 5.8. Term of Company Permit. The Company Permit is valid for one (1) year from the date of its issuance unless sooner suspended or revoked. 5.9. Company Permit renewal. No less than sixty (60) days prior to the expiration of the Company Permit, the Permittee shall submit an application for renewal of its Company Permit pursuant to this Section in order to allow sufficient time to review the application for renewal. Failure to timely submit an application for renewal of the Company Permit shall result in Permittee ~ being required to submit an application for a new Company Permit. 5.10. Company Permit Suspension/Revocation. A Company Permit may be suspended or revoked by the OCTAP Administrator for any of the following reasons: 5.10.1. Providing late, false or inaccurate information in the Company Permit application; or Page 11 bs~i>>_i 55C-21 5.10.2. Allowing operation of a Taxicab by a Driver not possessing a valid OCTAP Driver Permit stating that the Driver is affiliated with the Permittee; or 5.10.3. Failure to comply with the OCTAP Regulations; or 5.10.4. Failure of authorized Drivers to comply with the OCTAP Regulations; or 5.10.5. Operation of any Taxicab at a rate of fare higher than the authorized fares; or 5.10.6. Failure to cooperate with an Agency's law enforcement officers, code enforcement officers, OCTAP staff, and/or California Highway Patrol; or 5.10.7. Operating its business in violation of the insurance requirements in Section 5.2.3; or 5.10.8. Failure to comply with the drug and alcohol policy and program required in Section 5.2.2. 5.10.9. Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within 15 years after the judgment was originally entered. 5.10.10. Being held liable under any judgment, decision or determination b any public or regulatory agency for operating Taxicabs without the requisite insurance after the adoption of these regulations. 5.11. Company Permit Penalties/Suspensions. In lieu of revocation, the OCTAP Administrator may impose a penalty in the form of a fine, a period of suspension, or both a fine and period of suspension. 5.12. Right to Appeal. A Company Permit applicant/Permittee may appeal a Company Permit denial, suspension or revocation as provided for in Section 12. Page 12 vsa~z?_i 55C-22 6. DRIVER PERMITS 6.1. Driver Permit Required. No person shall drive a Taxicab within the Area of Jurisdiction of an Agency without having first obtained a Driver Permit from OCTAP. Reproduction of a Driver Permit is strictly prohibited for any reason with the exception of company management copying the permit for the drivers file. 6.2. Driver Permit. A Driver Permit may be obtained from OCTAP, provided the prospective Driver has submitted all of the following: 6.2.1. Completed Driver Permit application that is signed by a representative of the Permittee the Driver intends to work for; and 6.2.2. Valid California Driver License; and 6.2.3. Two current 2" x 2" professional quality color photos (passport photos) of the applicant taken within the previous thirty (30) days; and 6.2.4. A negative drug and alcohol screening test taken within the previous thirty (30) days in compliance with California Government Code Section 53075.5(b)(3); and 6.2.5. Livescan fingerprints taken at an approved California Department of Justice finger printing agency (first time applicants only unless otherwise required); and 6.2.6. A cleared background check; and 6.2.7. Payment of all applicable fees.. 6.3. Driver Permit Issuance. A Driver Permit shall be issued within five (5) business days after all the requirements in Section 6.2 are satisfied. 6.4. Term of Driver Permit. A Driver Permit is valid one (1) year from the date of issuance, unless sooner suspended, revoked or otherwise terminated. Page 13 bs>>?;_i 55C-23 6.5. Compliance with Agency Requirements. A Driver who has been issued an OCTAP Driver Permit may only pick up passengers in the Area of Jurisdiction of those Agencies that have approved the Permittee he/she represents. 6.6. Renewal of Driver Permit. It is recommended that no less than sixty (60) working days prior to the expiration of the Driver Permit, the Driver should re-apply for a Driver Permit pursuant and subject to Section 6.2 in order to allow time to review the application for renewal. If a Driver's Permit expires before approval of renewal, the Driver will not be allowed to operate a Taxicab until such a time as the renewal is approved. The renewal of a Driver Permit shall be granted within five (5) business days of satisfaction of all requirements for renewal. 6.7. Driver Permit limitation. Each Driver Permit issued by OCTAP shall be valid only for the Driver to operate a Taxicab for the Permittee indicated on the Driver Permit. No Driver may operate a Taxicab for a Company other than the Company listed on the Driver's Driver Permit. Drivers must submit an application for a new permit if they change from one company to another pursuant to Section 6.12 6.8. Possession and Display of Driver Permit required. A Driver must possess a valid Driver Permit in order to operate a taxicab. The permit must be displayed at all times, with no alterations or information covered or hidden, so that passengers and law enforcement officers can easily view the permit. However, the Driver's California Driver's License number on the Driver Permit may be covered, but only in a manner that would allow viewing by Law Enforcement/Code Enforcement Officers or OCTAP Staff. 6.9. Possession of Another Person's Driver Permit Prohibited. A Driver shall not use or hold in his/her possession another person's OCTAP Driver Permit. Such action is basis for suspension of the drivers involved. 6.10. Replacement Driver Permit. A replacement for a lost Driver Permit may be obtained from OCTAP, provided that the Driver has submitted the following: 6.10.1. A replacement Driver Permit application along with the Driver Permit replacement fee; and Page 14 tszi?;_i 55C-24 6.10.2. Two current 2" x 2" professional quality color photos (passport photos) of the applicant taken within the previous thirty (30) days; and 6.10.3. Valid California Driver's License; and 6.10.4. Proof of successful participation in a current and active Random Drug and Alcohol program. 6.10.3. The Driver shall not operate a Taxicab until a replacement permit is obtained. 6.11. Expiration of Replacement Driver Permit. A replacement Driver Permit shall expire on the same date as the lost original Driver Permit. 6.12. Driver Permit Transferability to Another Company. A Driver may request the transfer of his/her Driver Permit to another Permittee provided the Driver has submitted the following to OCTAP: 6.12.1. A Driver Permit application that is signed by an authorized representative of the prospective Permittee; and 6.12.2. The Driver Permit transfer fee; and 6.12.3. Two current 2" x 2" professional quality color photos (passport photos) of the applicant taken within the previous thirty (30) days; and 6.12.4. Valid California Driver's License; and 6.12.5. OCTAP Driver Permit to be transferred; and 6.12.6. Proof of successful participation in a current and active Random Drug and Alcohol program. 6.13. Driver Permit Denial. A Driver Permit shall be denied if applicant: 6.13.1. Is under the age of 18 years; or 6.13.2. Does not possess a valid California Driver License (Class C); or Page 15 ~szia,.i 55C-25 6.13.3. Fails to enroll in the required random drug and alcohol program; or fails the required drug and/or alcohol test. Upon testing positive for drugs and/or alcohol, the applicant shall not be eligible to reapply for a Driver Permit for a period of six (6) months from the test date; or 6.13.4. Falsifies, or fails to disclose, material information on the application for Driver Permit within the past one (1) year; or 6.13.5. Is required to register as a sex offender pursuant to California Penal Code Section 290; or 6.13.6. Is on formal probation or parole for any offense outlined herein; or 6.13.7. Is convicted (or pleads guilty or nolo contendere), regardless of the time elapsed, in any state, of any of the following or their equivalent: murder; a violation of California Vehicle Code Section 2800.2 (pertaining to disregard for safety of persons or property), Section 2800.3 (pertaining to flight from peace officer causing death or bodily injury) or Section 20001 (pertaining to duty to stop at scene of accident); robbery; pandering; pimping; crimes related to the use, sale, possession, or transportation of controlled substances and/or marijuana; crimes involving weapons; any crime for which registration would be required under California Penal Code Section 290; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a Taxicab Driver; or 6.13.8. Is convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed in Section 6.13.7, within eight (8) years of application; or 6.13.9. Is convicted (or pleads guilty or nolo contendere) of any of the following within five (5) years of application: reckless driving; driving under the influence of intoxicating liquors or drugs (DUI); a violation of California Vehicle Code Section 2800.1 (pertaining to flight from peace officer); Section 20002 (pertaining to duty where property is damaged), Section 20003 (pertaining to duty upon injury or death) or any corresponding substitute sections; vehicular manslaughter; and Penal Code Sections 240, 241, 242, and 243 or any corresponding substitute sections pertaining to assault and battery; or 6.13.10. For good cause after an administrative hearing by OCTAP, subject to appeal pursuant to Section 12 below. Page 16 bs?IZ3.i 55C-26 6.14. Driver Permit Suspension/Revocation. A Driver Permit may be suspended or revoked by the OCTAP Administrator for any of the following reasons: 6.14.1. Failure to comply with the applicable provisions (including timeliness of submissions) of the OCTAP Regulations; or 6.14.2. Circumstances providing grounds for denial of a Driver Permit as outlined in the OCTAP Regulations; or 6.14.3. Revocation or suspension of Driver's California Driver`s License; or 6.14.4. Driver's failure to cooperate with an Agency's law enforcement officers, code enforcement officers, OCTAP staff, and/or California Highway Patrol officers; or 6.14.5. Notification to OCTAP by the Permittee that the Driver is no longer an authorized Driver for the Permittee; or 6.14.6. Positive drug/alcohol screening test or failure to submit to random testing pursuant to the Drug and Alcohol Certification Program required in Section 5.2.2; or 6.14.7. Notification of any matter requiring such action by OCTAP; or 6.14.8. Not enrolled and/or active in the required random drug and alcohol program 6.14.9. For good cause after an administrative hearing by OCTAP, subject to appeal pursuant to Section 12 below. 6.14.10 A Driver who has had his/her permit revoked shall be prohibited from applying for a new Driver Permit for one (1) year from the date of revocation. 6.15. Driver Permit Penalty/Suspension. In lieu of revocation, the OCTAP Administrator may impose a penalty in the form of a fine, a period of suspension, or both, a fine and a period of suspension as specified in the OCTAP Regulations. Page 17 65? 13 ±.1 55C-27 6.16. Right to Appeal. A Driver Permit applicant may appeal a permit denial, suspension or revocation as provided for in Section 12. 6.17. Driver Permit Surrender. 6.17.1. A Driver Permit holder shall cease to work immediately and shall surrender, within 2 business days, his/her Driver Permit to OCTAP upon its expiration, suspension, revocation, or upon termination of his/her employment or association with a Permittee. 7. TAXICAB PERMITS 7.1. Inspection. Upon issuance of a Company Permit and prior to operating, Permittee shall present each Taxicab listed in the Permit to a designated OCTAP facility for a Taxicab inspection. OCTAP may, at its discretion, conduct Taxicab inspections at the Permittee's facility. 7.2. Taxicab Permit. 7.2.1. Upon meeting all inspection standards and upon passing the Taxicab inspection, OCTAP shall issue a nontransferable Taxicab Permit sticker for each approved Taxicab. The Taxicab Permit sticker must always be affixed to the left-hand corner of the rear window of the Taxicab for which the sticker is issued. The Taxicab Permit is valid for one (1) year from date of issuance. 7.2.2. Vehicles that do not possess a valid OCTAP Taxicab Permit must display "Not In Service" signs. Signs must be a minimum size of 8 '/2" x 11" with lettering which is visible up to 50 feet during daylight hours. If window signs are used they must be placed in the driver's side rear side window and rear window. If magnet signs are used they must be placed on one door of each side of the car body. If equipped, a not in service top light is acceptable. 7.3. Random Inspections. 7.3.1. In addition to the initial and annual Taxicab inspection, all Taxicabs operated under OCTAP authority shall submit to on the road or random inspections by OCTAP inspectors or Agency peace officers or Agency code enforcement officials when so requested. Failure to submit to an inspection may result in suspension of the Taxicab Permit and other administrative actions. The inspector shall complete a "random inspection Page 18 G5?12i_1 55C-28 report" at the time of inspection which shall indicate what repairs, if any, need to be made to the Taxicab. Failure to meet applicable standards or the failure of any critical component, or multiple defects can be the basis to immediately place the Taxicab into either "Must Repair" or "Out of Service" status. One copy of the report shall be given to the Driver. OCTAP shall mail a copy of the report to the Permittee. 7.3.2. If a Taxicab fails any random inspection due to Minor Items, the Inspector shall place the Taxicab into "Must Repair" status. The Permittee is required to present the Taxicab to OCTAP for re-inspection within ten (10) business days to verify that the required repairs have been made. If the Taxicab was placed into "Must Repair" status by the inspector, the vehicle may remain in service for up to ten (10) business days while repairs are made and completion of the repairs is verified by an OCTAP re- inspection. A re-inspection fee pursuant to Section 7.4 shall be required at the time of re-inspection. 7.3.3. In the event that all required repairs have not been made to a Taxicab placed in "Must Repair" status within ten (10) business days, the Taxicab Permit will be suspended until all corrections have been made to the satisfaction of OCTAP. 7.3.4. If a Taxicab fails any random inspection due to Major Items, the inspector shall place the Taxicab into "Out of Service" status and shall suspend the Taxicab Permit and remove the Taxicab Permit sticker pending repairs and re-inspection. If the Taxicab is placed into "Out of Service" status by the inspector, the Taxicab may not be placed back into revenue service until it passes a re-inspection. A re-inspection fee, pursuant to Section 7.4 shall be required at the time of re-inspection. 7.3.5. For a Taxicab placed into "Must Repair" status that is not repaired within ten (10) business days or a Taxicab placed into "Out of Service" status, upon correction and passing re-inspection, OCTAP shall re-instate the Taxicab Permit using the original expiration date. A re-inspection fee, pursuant to Section 7.4, must be paid prior to the re-inspection and re- issuance of the permit. 7.4. Re-inspection. 7.4.1. Taxicabs that fail a Taxicab inspection (minor item - "Must Repair") shall be presented for re-inspection within ten (10) business days after failure of inspection. A re-inspection fee will apply at the time of re-inspection. The Taxicab Permit shall be suspended if the Taxicab is not presented for re- inspection within the ten (10) business days. Page 19 r,s?iz~ ~ 55C-29 7.4.2. Taxicabs that fail a Taxicab inspection (major item - "Out of Service") shall be presented for re-inspection after the identified repairs have been made. The Taxicab Permit shall be suspended until such time that the Taxicab passes re-inspection. A re-inspection fee will apply at the time of re-inspection. Upon passing the re-inspection, the Taxicab Permit shall be re-instated using the original expiration date. 7.5. Taxicab Substitution. A Permittee may replace any Taxicab listed in the Company Permit with another Taxicab upon satisfaction of the following conditions: 7.5.1. Surrender of the Taxicab to be replaced to OCTAP for removal of the Taxicab Permit sticker; 7.5.2. Passing a Taxicab inspection by the replacement Taxicab; and 7.5.3. Payment of Taxicab Permit transfer fee. 7.6. Substituted Taxicab Sticker. Upon satisfaction of the conditions stated above, OCTAP shall delete the vehicle identification number of the Taxicab to be replaced in the Company Permit and add the Taxicab identification number of the replacement Taxicab. OCTAP shall issue a new Taxicab Permit sticker for the replacement Taxicab that shall be valid for the term remaining under the Taxicab Permit sticker of the replaced Taxicab. Such requests must be filed with OCTAP at least 2 business days prior to the requested action. 7.7. Taxicab Permit Renewal. The Taxicab Permit shall be renewed annually by presenting each Taxicab listed in the permit application to the OCTAP facility for a Taxicab inspection at least five (5) business days prior to the end of the permit period, and by paying all applicable fees. OCTAP may, at its discretion, conduct Taxicab inspections at the Permittee's facility. 7.8. Taxicab Permit Renewal Sticker. Upon the successful completion of the Taxicab inspection, OCTAP shall place a new expiration date sticker on the Taxicab Permit sticker for each of the Taxicabs registered in the Company Permit. 7.9. Taxicab Permit Surrender. 7.9.1. A Permittee must present any Taxicab which is being sold to another party to OCTAP prior to completing the sale to assure that the OCTAP Taxicab Permit, Welcome Sticker, and markings are removed and that Page 20 vsziz~.~ 55C-30 the vehicle cannot be mistaken by the public as an authorized Taxicab in the jurisdiction of any member agency. 7.9.2. A Permittee must immediately surrender a Taxicab Permit to OCTAP if a Taxicab has been removed from the required company insurance policy, if the Taxicab Permit is otherwise suspended or revoked, or upon its expiration. 8. TAXICAB INSPECTION STANDARDS 8.1. Minimum Standards. The minimum Taxicab standards are those of the California Vehicle Code. All Taxicabs shall meet all applicable standards of the California Vehicle Code as well as the following in order to pass the OCTAP vehicle inspection. Certain equipment must be present and fully functional as OEM (original equipment manufacture), as specified in this section. Taxicabs must be maintained to these standards at all times. OCTAP may administratively clarify and/or change the standards in the public interest. OCTAP will utilize the vehicle inspection form included in these regulations. A copy of the inspection form will be provided to the operators. This form will clearly delineate conditions which: • Meet OCTAP standards and are therefore acceptable; or • Do not meet OCTAP standards and must be repaired/re-inspected to OCTAP's approval prior to returning to revenue service (Major Items); or • Do not meet OCTAP standards, but are sufficiently minor to allow the vehicle to remain in service for up to ten (10) business days while repairs are made and completion of the repairs is determined by an OCTAP re- inspection (subject to a re-inspection fee) (Minor Items). 8.2. Body Condition. 8.2.1. No body damage, frame damage, tears or rust holes in the Taxicab body and/or loose pieces hanging from the Taxicab body are permitted. Front and rear fenders, bumpers, hood, trunk, and trim shall be securely fixed and shall be in correct alignment to the Taxicab as OEM. Body damage shall include any un-repaired dents, distortions, depressions, bulges, tears, holes, or disfigurements. 8.2.2. The exterior of the Taxicab shall be maintained in a clean condition and shall be free of unsightly dirt, tar, oil, and rust. 8.2.3. The Taxicab paint shall not be mismatched, faded, blistered, cracked, chipped, peeled, or scratched. esai?; i Page 21 55C-31 8.2.4. Effective October 1, 2009, each OCTAP Permittee shall paint vehicles in one primary color scheme. 8.2.5. The color scheme, name, monogram, or insignia used upon Permittee Taxicabs shall not be in conflict with and shall not imitate any other color scheme, name, monogram, or insignia used by any other Permittee. The provisions of this subsection shall not be applied to require any change or modification of any color scheme, name, monogram, or insignia continuously used by any Permittee authorized prior to October 1, 2009.. 8.3. Brake System. Pursuant to California Vehicle Code § 26453. 8.4. Climate Control. 8.4.1. The defroster must be operational pursuant to California Vehicle Code § 26712. 8.4.2. The air conditioning/heating units shall be functional at all times. The air discharged from the air conditioner interior vent system shall be continuously cool. All air conditioning temperature controls and functions shall operate as originally designed and manufactured with no knobs or components broken or missing. Systems shall operate on all OEM speeds with no excessive noise. 8.5. Exhaust System. Pursuant to California Vehicle Code § 27153. 8.6. Fuel Tank Cap. Pursuant to California Vehicle Code § 27155. 8.7. Horn. Pursuant to California Vehicle Code § 27000. 8.8. Hubcaps or Wheel Covers. Rims, hubcaps or wheel covers shall be of like style on all wheels. Also, hubcaps and wheel covers shall be on all wheels for which they are standard equipment. Page 22 6521'_3.1 55C-32 8.9. Interior Condition. 8.9.1. Passenger compartment, driver compartment, and trunk or luggage area shall be clean and free of foreign matter, offensive odors and litter. 8.9.2. Seat upholstery shall be clean. Interior walls, carpet and/or flooring, and ceiling shall be kept reasonably clean. No rips or tears are permitted. All repairs shall be done so as to reasonably match the existing interior. 8.9.3. Door handles and doors shall be intact, clean and operational. Each door shall be capable of being unlocked and opened from the interior of the Taxicab. 8.9.4. Dashboards shall be maintained in a manner that is clean and free of loose articles. Dashboards shall be free of: cracks, holes, and tears. 8.10. Interior Information. 8.10.1. A 4" x 6" Information Card shall be displayed in plain view of all passengers at all times that the Taxicab is in operation. 8.10.2. The Information Card shall contain the following information on the Permittee: name, business address and telephone number of the Permittee and Taxicab Driver; the name, address, website, and phone number of the regulating agency (OCTAP) and the authorized fare schedule. 8.10.3. The valid Driver Permit issued to the Driver must be easily visible by passengers and law enforcement officers, with no alterations or information covered or hidden (except as indicated in section 6.9), at all times that the Taxicab is in operation. However, the Driver's California Driver's License number on the Driver Permit may be covered, but only in a manner that would allow viewing by Law Enforcement/Code Enforcement Officers or OCTAP Staff. If a driver is o eratin an out of ~ p g service vehicle, Not In Service signs must be displayed. Signs must be a minimum size of 8 '/2" x 11"with lettering which is visible up to 50 feet during daylight hours. If window signs are used they must be placed in the driver's side rear side window and rear window. If magnet signs are used they must be placed on one door of each side of the car body. If equipped, a "Not in Service" top light is acceptable. 8.10.4. One OCTAP-issued customer information sticker shall be displayed in plain view of all passengers at all times that a Taxicab is in operation. The sticker shall be placed on the outside, rear, Page 23 ~saiz3.i 55C-33 passenger-side window. The sticker shall indicate that the Taxicab has been safety inspected and indicate a telephone number to call for information. 8.10.5 The taxicab fleet number shall be placed inside the taxicab with a minimum number/letter height of one inch and placed directly below (separate from or part of) the Interior Information Card. 8.11. License Plates. Pursuant to California Vehicle Code § 5202. 8.12. Lights and Lenses. 8.12.1. Headlights shall be operational on both high and low beams (California Vehicle Code § 24400). 8.12.2. Taillights shall be operational and the light emitted be red in color (California Vehicle Code § 24600). 8.12.3. Emergency flashers shall be operational (California Vehicle Code § 24252). 8.12.4. Reverse lights shall be operational (California Vehicle Code § 24606(a)). 8.12.5. Turn signal lights shall be operational (California Vehicle Code § 24951(b)(1)). 8.12.6. Brake lights shall be operational (California Vehicle Code § 24603(b)). 8.12.7. License plate light shall be operational (California Vehicle Code § 24601). 8.12.8. Interior lights shall be OEM, operational, and set to automatically activate when passengers are entering or exiting the taxicab. 8.12.9. Light lenses must be OEM, intact and contain no holes or large cracks. 8.13. Markings. 8.13.1. Exterior markings shall consist of Permittee's Company name, phone number, body number and other OCTAP approved logo. Page 24 65312±.1 55C-34 Such exterior markings shall be properly and neatly placed and easy to read (in contrasting colors). 8.13.2. Permittee's Company name shall be placed on each side of Taxicab in letters not less than 3 inches in height (in contrasting colors). 8.13.3. Taxicab number shall be placed on each side and rear of the Taxicab in numbers not less than 3 inches in height. 8.14. Mirrors. Pursuant to California Vehicle Code § 26709. 8.15. Muffler. Pursuant to California Vehicle Code § 27150(a). 8.16. Parking Brake. Pursuant to California Vehicle Code § 26451. 8.17. Proof of Insurance. Pursuant to California Vehicle Code § 16020 through 16028. 8.18. Radio. 8.18.1. Taxicabs shall be equipped with atwo-way radio or cellular phone in working order. 8.19. Seat Belts. Pursuant to California Vehicle Code § 27315. Additionally, Taxicab restraint system shall be maintained to OEM specifications and shall be in good working order. 8.20. Steering and Suspension System. Steering and suspension system shall be in good mechanical order. (California Vehicle Code § 24002(a)(b)). 8.21. Taximeter and Meter Seals. 8.21.1. A taximeter in working order. 8.21.2. All taximeter seals shall be intact. Page 25 aszi?3 i 55C-35 8.21.3. Taximeter shall be certified by the County Sealer of Weights and Measures. The date the meter was certified must be on the seal and shall not be more than 13 months old. Private meter seals (paper and lead) from a certified meter shop may be used during periods of fare adjustments or when a taximeter has been repaired. Such temporary meter seals shall be valid for thirty (30) days only. Taximeters marked with "Need to Repair" tags, or equivalent, will not be accepted. No temporary meter seals will be accepted when performing annual inspections. 8.21.4. Taximeter shall be placed in the Taxicab so that the reading dial showing the amount of fare to be charged shall be well lighted and easily read by the passenger. 8.21.5. A Taxicab shall be placed in an "Out of Service" status if the taximeter is not working, the seals are broken or missing, the date on the seal is missing or more than 13 months old, or the authorized fare is not being charged. 8.21.6 Taximeter shall not charge a fare other than the authorized fare. 8.22. Tires. 8.22.1. Pursuant to California Vehicle Code § 27465(b). 8.22.2. A jack, tire changing tool, and an inflated spare tire. A Company may be exempted from this requirement upon proof that the Permittee has a contract with a towing company and a policy in place to send another Taxicab for the stranded passengers. 8.23. Windows. 8.23.1. Front and rear windshield per California Vehicle Code § 26710. 8.23.2. Safety glass shall be in all windows. 8.23.3. Windows shall be operational as originally designed. 8.23.4. No window tinting on windshield or front side windows per California Vehicle Code § 26708. Furthermore, no window tinting shall be allowed to the rear side or rear windows except for OEM. 8.24. Windshield Wipers. Pursuant to California Vehicle Code § 26707. Page 26 652123.1 55C-36 8.25. Foot Pedal Pads. OEM rubber pads on all foot controls. Pads shall not be worn or deteriorated to the point that metal is showing. 8.26. California Vehicle Registration. 8.26.1. A valid registration per California Vehicle Code § 4462. 8.26.2. Registered as commercial Taxicabs per California Vehicle Code § 260. 8.26.3 Registered to the Permittee showing the same Permittee's name and address or registered to the OCTAP Permitted Driver showing the same Permitted Driver's name and address. 8.27. Vehicle Age. Effective March 1, 2001, OCTAP shall not issue a Taxicab Permit for any vehicle older than ten (10) model years measured from the current calendar year (example: during calendar year 2000 vehicle must be model year 1990 or later). Vehicles older than ten (10) model years shall not be eligible to operate as a Taxicab under any condition. 8.28. Vehicle Maintenance and Records. All Taxicabs shall be maintained following the service standards recommended by the vehicle manufacturer. Service records shall be kept and made available to OCTAP Staff upon request. 9. TAXICAB OPERATION 9.1. Direct Routes. Driver shall carry a passenger to his/her destination only by the most direct and accessible route. 9.2. Receipt. Driver shall give a receipt for the amount charged upon the request of the person paying the fare. The receipt shall identify the driver's name, Taxicab number, Permittee name, date and time of issuance. Pa a 27 ~sa~z? i 9 55C-37 9.3. Solicitation. Driver shall not leave his/her Taxicab to solicit passengers. 9.4. Fares Charged. Driver shall not charge fares or charges higher than those authorized in the OCTAP Regulations. Furthermore, the driver shall activate the taximeter and keep it activated at all times while carrying afare-paying passenger. 9.5. Accidents. In the case of an automobile accident, unless rendered incapable, all Drivers operating an OCTAP permitted Taxicab shall comply with the minimum requirements for the mandatory exchange of information established in California Vehicle Code § 16025. 9.6 Dispatch Company shall maintain and provide year-round, 24-hour live human response dispatched telephone service. 9.7 Place of Business Company shall have a principle place of business from which it conducts its activities as a Taxicab Company, including the dispatch of Taxicabs. Multiple locations for other activities such as storage, maintenance/repair, etc., are allowed. 9.8 Credit Card Payment Company and each Driver shall provide electronic processing of credit cards as a payment option to customers. 9.9 Dispatch Information Company shall maintain the ability to provide OCTAP, upon request, the following order and dispatch record information for each service request: - Driver responding to service request; - Location of pickup request; - Identification of order taker; - Date and time order was placed, printed with time machine and/or computer dispatch system; - Time delay quoted, if any; Page 28 G52123J 55C-38 - Identification of Taxicab dispatched (the Company must also, through a separate record, be able to identify the name of the Driver); and - Time of dispatch, printed with time machine and/or computer dispatch system. 9.10 Records Retention Company shall keep order and dispatch records readily available to OCTAP for at least ninety (90) days. 9.11 Lost and Found Company shall have a written lost and found policy. 9.12 Complaints Company shall have a policy in place to receive complaints. The complaint policy must contain a mechanism for receiving complaints, investigation, and final resolution of complaints, as well as corrective actions. All complaints must be responded to in an expedient, responsible, and professional manner. 9.13. Additional Operational Requirements. Nothing in this Section shall prohibit OCTAP or an Agency from requiring a Permittee or Driver to comply with such additional operational requirements for safe, efficient and courteous service for the traveling public. 10. PERMIT FEES AND TAXICAB FARES. 10.1. OCTAP Permit Fees. A fee schedule for OCTAP functions will be proposed by the OCTAP Administrator, reviewed and recommended by the OCTAP Steering Committee, and approved by the OCTA Board of Directors in the amount necessary to recover all costs incurred by OCTA in the administration of OCTAP. The fee schedule adopted by the OCTA Board of Directors is attached hereto as Attachment "1 10.2. Taxicab Passenger Fares. 10.2.1. Initial Taxicab passenger fares have been adopted by OCTAP and ratified by Resolution of each participating Agency. 10.2.2. Each Agency agrees to accept the passenger fare schedule approved by the OCTAP Steering Committee, which is attached hereto as Attachment "2." Each year the OCTAP Administrator will Page 29 esa i? ~ i 55C-39 conduct a study of comparable Taxicab fares and recommend a passenger fare schedule to the OCTAP Steering Committee. In the event the recommended passenger fare schedule includes any revision(s) to the then current passenger fare schedule or in the event the Steering Committee approves consideration of revision(s) to the then current passenger fare schedule recommended by a Steering Committee member, then the Steering Committee must comply with the following procedure in order to approve any revisions to the passenger fare schedule. 10.2.2.1. Introduction of Proposed Revised Passenger Fare Schedule. The OCTAP Administrator may recommend a revised passenger fare schedule for first reading and initial consideration by the Steering Committee at a regularly scheduled quarterly meeting of the Steering Committee or the Steering Committee may approve consideration of a revised passenger fare schedule recommended by a member. 10.2.2.2. Public Hearinq. The Steering Committee shall have no authority to adopt a revised passenger fare schedule during the meeting in which a proposed revised passenger fare schedule is first introduced and presented to the Steering Committee. The Steering Committee shall seta public hearing to receive comments from the public regarding the proposed revised passenger fare schedule. The public hearing may be set for the next regularly scheduled quarterly meeting date of the Steering Committee, or another time and place not less than forty-five (45) days from the date of introduction of the proposed revised passenger fare schedule. 10.2.2.3. Notice of Public Hearinq. Immediately after the Steering Committee sets the time and place of the public hearing, the OCTAP Administrator shall notify OCTA Staff, the City Manager of each participating Agency, Taxicab Company Permittees, and representatives of the Orange County Tourism Industry, and shall post and publish a public notice of the public hearing in a newspaper of general circulation in the County of Orange at least once, no less than fifteen (15) days prior to the date of the public hearing. 10.2.2.4. Adoption. Following the public hearing, the Steering Committee shall consider the proposed revised passenger fare schedule along with any public testimony presented in writing or orally at the time of the hearing. The Steering r~sziz,_i Page 30 55C-40 Committee may adopt, modify or reject the proposed revised passenger fare schedule. Any adopted revisions to the passenger fare schedule shall become effective no less than thirty (30) days following the adoption by the Steering Committee. 10.2.2.5. Notice of Adoption. Immediately upon the adoption of a revised passenger fare schedule, but no later than fifteen (15) days thereafter, the OCTAP Administrator shall notify OCTA Staff, the City Manager of each participating Agency, Taxicab Company Permittees, and representatives of the Orange County Tourism Industry, of said adoption, and shall post and publish a public notice of said adoption in a newspaper of general circulation in the County of Orange at least once, no later than fifteen (15) days subsequent to the date of adoption. 10.2.2.6. Maiority Vote Required. Any action by the Steering Committee to adopt a revised passenger fare schedule shall require adoption by an affirmative vote of a majority of all members of the Steering Committee representing a participating Agency, regardless of the number of such members present and voting. 10.3. Refund Policy. There shall be no refund of any portion of the fees described in the OCTAP Regulations. 11. NON-PERMITTED TAXICAB OPERATION AND ADVERTISING 11.1. Purpose. The purpose of this section is to implement the administrative regulation of S.B. 1519 (Chapter 721, 2008 Statutes), which added Sections 53075.7 and 53075.9 to the California Government Code pertaining to non-permitted taxicab operations (bandit cabs) and advertising. 11.2. Information Warranting an Investigation. 11.2.1. The following information, which if provided by member Agency or OCTAP staff, law enforcement, or a member of the public, will be deemed sufficient to warrant an investigation to determine whether OCTAP should commence proceedings against the alleged illegal operation of a Taxicab or an alleged violation of the advertising requirements of California Government Code Section 53075.9: Page 31 bs~iz~.i 55C-41 11.2.1.1. As to the alleged illegal operation of a Taxicab, the date, time and location of the alleged illegal operation, and information indicative of a Taxicab operation (such as advertising a Taxicab service on the vehicle and/or picking up passengers at a location reserved for Taxicab service or other such indicative information); information pertaining to the type of vehicle involved (sedan, van, station wagon), the vehicle's license plate number, color, make, model, and any distinctive characteristics, if any (such as signs, markings, condition or visible damage to the vehicle). The absence of distinctive characteristics shall not be a basis for not pursuing an investigation into the alleged illegal operation of a Taxicab. 11.2.1.2. As to an alleged violation of Government Code Section 53075.9 pertaining to advertising, a copy or exemplar of the advertising information (such as the sign, business card, advertising display, webpage, electronic recording or phone directory) evidencing non-compliance with the statute. 11.2.2. The person providing the information in subsection 11.2.1 above shall provide his/her identity and be available to testify in administrative proceedings pertaining to the alleged violation. The identity of members of the public shall not be released under Public Records Act requests, but shall be available to parties against whom the proceedings are brought. 11.3. OCTAP Administrator Review and Authority. 11.3.1. Upon review of the information required hereunder, and if the OCTAP Administrator or designee determines that the evidence warrants it, the OCTAP Administrator or designee may notify the alleged offending Company and/or Driver of the alleged violation evidenced by the information, and give notice of, and hold within 60 days of such notice, an administrative hearing to consider the Company's and/or Driver's response to the evidence of violation, and to consider the imposition of administrative penalties for the violation pursuant to Government Code Section 53075.9(c), and an assessment sufficient to cover the reasonable expense of investigating the violation. Within ten (10) days of the administrative hearing, the OCTAP Administrator or designee shall notify the Company and/or Driver in writing of his/her decision. Any administrative penalty in the form of a monetary fine shall be due s, Page 32 ~__i_~.i 55C-42 and payable within thirty (30) days of the date of the decision. The decision of the OCTAP Administrator or designee and imposition of the cost recovery assessment is subject to appeal within ten (10) days of the decision pursuant to Section 12 below. 11.3.2. In lieu of notifying the Company and/or Driver of the alleged violation evidenced by the information required hereunder, the OCTAP Administrator or designee may forward the information with a recommendation for prosecution or appropriate civil proceedings against the Company and/or Driver to the prosecutor for the member Agency in whose jurisdiction the alleged violations occurred. The recommendation shall include a statement of the costs to OCTAP for investigating the alleged violation. 11.3.3. Pursuant to Government Code Section 53075.9(c), OCTAP shall collect interest at the rate of 10% per annum for all unpaid fines and assessments, commencing on the day following when the payment of the fine and assessment is due. All fines, assessments, and interest collected shall be deposited at least once each month in a fund established for the purpose of enforcing the provisions of this Section. 12. APPEAL 12.1. Notice of adverse action. In the event a permit is proposed to be denied, suspended revoked, or a penalty imposed, the applicant, Permittee or Driver shall be notified in writing of the proposed adverse action and the reason(s) supporting it. 12.2. Notice of appeal. No later than ten (10) days following the date on the notice of proposed adverse action, the applicant, Permittee, or Driver may submit a written appeal on a form provided by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a waiver of the right to an appeal. 12.3. Stay. Except as provided in Section 12.4, once an appeal is filed, the proposed adverse action shall be stayed pending the final determination on appeal. ~S,i,; i Page 33 55C-43 12.4. Stay, exception. If, in the OCTAP Administrator's opinion, the continued operation of a Taxicab, possession of a Company Permit, or possession of a Driver Permit represents a health or safety hazard for the public, the adverse action shall not be stayed pending the final determination on appeal. 12.5. Initial review of appeal. If an appeal is timely filed, the OCTAP Administrator shall either make the final decision regarding the appeal or shall assign a hearing officer to make the final decision regarding the appeal. The OCTAP Administrator may review the appeal and any additional information provided therein and shall have the discretion to determine the appropriate action in response to the appeal. 12.6. Hearing Officer. In the event the OCTAP Administrator elects to assign a hearing officer to decide the appeal then the following shall apply: 12.6.1. The hearing officer shall not be an OCTA employee; 12.6.2. The hearing officer shall expeditiously schedule the appeal hearing. 12.6.3. The appellant and the OCTAP Administrator or the Administrator's designee shall each have the right to appear in person and be represented by legal counsel or other representative, to present evidence, to call and cross-examine witnesses under oath, and to present argument. 12.6.4. The formal rules of evidence shall not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs shall be admissible. 12.6.5. Hearsay evidence may be considered by the hearing officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. 12.6.6. The OCTAP Administrator may promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. ~szi?;_i Page 34 55C-44 12.6.7. The hearing officer shall have the discretion to determine the appropriate action in response to the appeal. 12.6.8. The decision of the hearing officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. 12.6.9. If the hearing officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to the OCTAP Administrator. 13. AMENDMENT(S) TO REGULATIONS 13.1. Administrative Amendment(s). The Steering Committee may adopt administrative amendment(s) to the OCTAP Regulations. OCTAP shall forthwith notify each Agency and the OCTA Board of Directors of any changes adopted pursuant to this section. 13.2. Substantive Amendment(s). Notwithstanding section 13.1 above, the Steering Committee is not authorized to adopt substantive amendment(s) to the OCTAP Regulations. Substantive amendment(s) shall be recommended by the Steering Committee and substantive amendment(s) must be approved by each Agency and shall be effective only in the Area of Jurisdiction of each Agency that has approved the amendment(s). For purposes of this section, a substantive amendment is defined as an amendment likely to have any of the following effects: 13.2.1. Affect the rights, responsibilities, and participation of any Agency (such an amendment must also be approved by the OCTA Board of Directors); or 13.2.2. Decrease the number of Companies or the number of Taxicabs operating in the Area of Jurisdiction of any Agency; or 13.2.3. Affect the purpose of the OCTAP Regulations. 13.3. OCTAP Permit Fees and Taxicab Passenger Fares. 13.3.1. Sections 13.1 and 13.2 above shall not apply to an amendment to the OCTAP fee schedule, attached hereto as Attachment "1," which is adopted by the OCTA Board of Directors. 13.3.2. An amendment of the Taxicab passenger fares attached hereto as Attachment "2" and adopted pursuant to Section 10.2.2.6 of these Regulations shall be considered an administrative amendment bs~i7z Page 35 55C-45 pursuant to Section 13.1 in order to ensure uniformity of fares within Orange County. --End of Regulations-- Page 36 ~»zia~.i 55C-46 OCTAP Regulations -Attachment 1 (Amended 07-01-08) ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) FEE STRUCTURE (Effective: July 1, 2008) Company Business Permit -Annual New Company Permit $3,948.00 Company Permit Renewal $1,317.00 Taxicab Permits (per vehicle) -Annual Taxicab Permit (includes inspection) $371.00 Taxicab Re-inspection (After a failed inspection -minor item. "Must Repair" ) $62.00 (After a failed inspection -major item. "Out of Service") $140.00 Taxicab Re-inspection (after a "no show" for appointment") $371.00 Taxicab Permit Transfer $50.00 Replacement Taxicab Permit $50.00 Late Fees (Per business day late) $27.00* Taxicab Permits (per vehicle) -Random Taxicab Re-inspection (After a failed inspection -minor item. "Must Repair" ) $62.00 (After a failed inspection -major item. "Out of Service") $140.00 Taxicab Re-inspection (after a "no show" for appointment") $371.00 Driver Permits -Annual' Annual Driver Permit $99.00 Replacement Driver Permit $13.00 Transfer of Driver Permit (to another company) $18.00 Re-instatement of existing permits $18.00 Late Fees (Per business day late) $27.00** *Applies to Annual Vehicle Permits Only. Fifteen (15) Days Maximum. **Applies to Annual Driver Permits Only. Four (4) Days Maximum. Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing, photographs, fingerprinting, and/or background check. Attachment 1 Page 37 e;zi_; i 55C-47 OCTAP Regulations -Attachment 2 (Amended 05-24-08) ORANGE COUNTY APPROVED TAXICAB FARE RATES (Effective: May 24, 2008) $2.95 First 1/4 Mile $.65 Cents Each Additional 1/4 Mile $30.00 per Hour Wait Time No Extra Charge for Additional Passengers. Attachment 2 Page 38 ~~s?iau.i 55C-48 OCTAP ADMINISTRATIVE PENALTIES AND FINES SCHEDULE OCTAP REGULATION SECTION F/NES* SUSPENSION 5.2.3 (Company insurance) $250 warning/revoke 5.2.5 (Pull notice-no notification) $100 warning/revoke 5.4.2 (Ineligible drive-notification) $100 warning/revoke 5.7 (Out of area pick up) $100 3 day suspension 5.10.2 (No driver permit) $250 warning/revoke 5.10.3 (Permit non comply) $250 penalty/revoke 5.10.4 (Driver non compliance) $100 penalty/suspension 5.10.5 (Exceed fare rates) $250 penalty/suspension 5.10.6 (OCTAP cooperation) $250 warning/penalty/ revocation 6.6 (Driving outside of auth. Zone). $100 warning/3 day suspension 6.8 (Changed company w/o auth) $100 warning 6.15.1, 4 (OCTAP non compliance) $100 warning/revoke 7.2.1 (No taxicab permit) $500 warning/revoke 7.3.1 (Random inspection -non coop) $250 5 day suspension of driver+vehicle 8.1 (Unsafe vehicle operation) $250 5 day suspension of vehicle+driver) 8.10.3 (Permit not displayed) $50 warning/3 day suspension 11.2 (Non-permitted taxi operation/ $2501500/1000/ penalty for 1St thru Advertising) 3000/5000 5th and subsequent violations in 24 months (excluding cost assessment) OCTAP Penalties and Fines Schedule Page 39 1/08/2009 ~szi~s i 55C-49 55C-50