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ORDINANCE NO. NS-2680
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA, COASTAL RIM
PROPERTIES, INC., AND GENEVA COMMONS, llC
THE CITY COUNCil OF THE CITY OF SANTA ANA ORDAINS AS FOllOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters into this Development Agreement pursuant to the
provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing, on
November 22, 2004, recommended approval of this Development Agreement.
E. Entering into this Development Agreement would provide the City with
extraordinary and significant benefits that are of regional significance, relate to existing
deficiencies in public facilities, require the owner of Geneva Commons to contribute a
greater percentage of benefits than would otherwise be required, and represent
benefits which would not otherwise be required as part of the development process.
F. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
G. The City Council has, on April 4, 2005, approved a mitigated negative
declaration in conjunction with this Project and adopted a mitigation monitoring plan.
SECTION 2: The Development Agreement, a true and correct copy of which is
attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the
Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby
authorized and directed to cause this Development Agreement to be recorded with the
County Recorder's Office.
SECTION 3: This ordinance shall not be effective unless and until Ordinance
No. NS-2681 and Resolution No. 2005-040 become effective. If said ordinance and
resolution are for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, or otherwise do not go into effect for any reason, then this
ordinance shall be null and void and have no further force and effect.
Ordinance No. NS-2680
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SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-2680
Page 2
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2680 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-2680
Page 3
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Aha, California 92702
FREE RECORDING
GOVERNMENT CODE ~ 6103
REST A TED AND NOVA TED DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
COASTAL RIM PROPERTIES, INC., A CALIFORNIA CORPORATION
and
GENEVA COMMONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
Dated: March 16, 2005
EXHIBIT 1
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RESTA TED AND NOVATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA,
COASTAL RIM PROPERTIES, INC., A CALIFORNIA CORPORATION, AND
GENEVA COMMONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
This RESTATED AND NOVATED DEVELOPMENT AGREEMENT
("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
(referred to herein as "City") on the one hand, and COASTAL RIM PROPERTIES, INC., A
CALIFORNIA CORPORATION and GENEVA COMMONS, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY (collectively referred to herein as "Owner" or "Property
Owner") on the other hand.
1. RECIT ALS. The Agreement is entered into with reference to the following
facts:
1.1 Purpose. (1) The purpose of this Agreement is to facilitate the
development of a small portion of the real property which was the subject of a Development
Agreement entered into on January 4, 1988 and recorded as Document 88-260709 in the Office
of the Recorder of the County of Orange (hereafter the "Original Agreement"). The Original
Agreement was subsequently amended on or about June 4,2001, by Document No.
20010429519 the Office of the Recorder of the County of Orange. The real property which was
the subject of the Original Agreement is zoned by the City as Specific Zoning District No. 43
("SD-43).
(2) A portion of the real property covered by the Original Agreement
was subsequently acquired by Owner, who has applied to the City to amend SD-43 and have
approved a new tentative map.
(3) The City and Owner agree that the changes Owner seeks in the
Original Agreement substantiate the need to replace the Original Agreement with the instant
Development Agreement, rendering the Original Agreement, and any of its amendments, null
and void as applied to Owner's Property (as the word "Property" is defined in section 2.3
herein).
(4) As more particularly set forth in section 2.4 of this Agreement,
Owner has proposed constructing at the northeast comer of MacArthur Boulevard and Imperial
Promenade an approximately 278-unit condominium project consisting of an 18-residential level
high rise project and an eight-story building, together with approximately 13,000 square feet of
ancillary retail, of which no more than 3,000 square feet may be devoted to "fast food" or "take
out" restaurants.
1.2 Code Authorization. City is authorized pursuant to Government Code
Sections 65864 through 65869.5 to enter into Development Agreements with persons having
legal or equitable interests in real property for the purpose of establishing certainty for both City
and Owner in the development process. City enters into the Agreement pursuant to the
provisions of the Government Code and applicable City policies. The parties acknowledge:
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(1)
the time of development.
This Agreement is intended to assure adequate public facilities at
(2) This Agreement is intended to assure development in accordance
with City's General Plan, applicable Specific Plans and Specific Development District No. 43.
(3) This Agreement will permit achievement of goals and objectives as
reflected in the City's General Plan, all applicable Specific Plans and Specific Development
District No. 43.
(4) Owner is required by existing City regulations to provide
mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through
the regulatory process.
(5) This Agreement will allow City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in addition to those
available through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to City for entering into this Agreement are of regional significance, relate to
existing deficiencies in public facilities, require Owner to contribute a greater percentage of
benefits than would otherwise be required, and represent benefits which would not otherwise be
required as part of the development process.
1.3 Owner. Owner represents and warrants that it has a legal or equitable
interest in the real property located in City of Santa Ana, California, legally described on Exhibit
A attached hereto and incorporated herein, and graphically described on Exhibit B attached
hereto and incorporated herein. The Property is currently vacant.
1.4 Interest of Owner. Owner hereby represents that it has an equitable and
legal interest in the Property. Owner further hereby represents that it has approved this
Agreement and is authorized to enter into this Agreement.
1.5 Planning Commission - Council Hearings. On November 22, 2004, the
Planning Commission of the City ("Planning Commission"), after giving notice pursuant to
Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's
application for this Agreement. The Planning Commission recommended to the City Council of
City that it execute this Agreement. On April 4, 2005, the City Council of the City of Santa Ana
("Council"), after providing notice as required by law, held a public hearing to consider the
Owner's application for this Agreement.
1.6 Council Findings. The Council finds that this Agreement is consistent
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with the General Plan, applicable Specific Planes) as well as all other applicable ordinances,
plans, policies and regulations of the City.
NS-
thereafter.
1.7 City Ordinance. On April 18, 2005, the Council adopted Ordinance No.
approving this Agreement. The ordinance becomes effective thirty (30) days
2.
DEFINITIONS. In the Agreement, unless the context otherwise requires:
2.1 "Final Design" means the final design documents for work of public art,
which is set forth in greater detail in paragraph 5.8 of this Agreement.
2.2 "Property Owner" or "Owner" means collectively Coastal Rim
Properties, Inc., a California Corporation, and Geneva Commons, LLC, a California Limited
Liability Company, being the person, persons, or entity having a legal or equitable interest in the
Property, and includes Coastal Rim Properties, Inc.'s successors in interest.
2.3 "Property" is the real property described in Exhibit A and referred to in
Exhibit B.
2.4 "Project" is the development of the Property as generally set forth in
Environmental Review No. 2002-215, Tentative Tract Map No. 2004-05 (County Map No. 16556),
Conditional Use Permit 2004-02, Variance No. 2004-11, Zoning Ordinance Amendment No. 2004-
05 (amending SD-43), and Site Plan Review No. 2004-06.
2.5 Public Art Plan means the conceptual Plan attached hereto as Exhibit C.
The parties recognize that the Plan does not set forth certain elements of the Public Art to be
installed in conjunction with this Project, including the location of the Public Art, and is
therefore subject to refinement prior to the time of installation, by agreement of the Owner and
the City's Executive Director of Planning and Building.
3. EXHIBITS. The following documents referred to in the Agreement are attached
to this Agreement and are identified as follows:
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Exhibit
Desien::Jtion
Description
Referred to
in Section
A
Property Legal Description
1.2
B
Property Graphical Description (Site Plan)
1.2
C
Public Art Plan
2.5
D
Cooperative Agreement for Off-Site Improvements 5.1.1
E
Remaining Offsite Mitigation Measures
5.1.2
4. GENERAL PROVISIONS.
4.1 Property Subject to the Agreement. Until released pursuant to the
provisions of Section 8.3 below, no property shall be released from this Agreement until
Property Owner has fully performed its obligations arising out of the Agreement.
4.2 Duration of Agreement. The term of this Agreement shall for ten (10)
years; provided, however that the Owner may request one two-year extension from the Executive
Director of the Planning and Building Agency, which request shall not be unreasonably denied.
4.3 Assignment. Owner shall have the right to transfer or assign the Property,
in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, that except as
provided in section 4.3.1 of this Agreement, the rights of Owner under this Agreement may not
be transferred or assigned unless the written consent ofthe Council is first obtained and any
transfer or assignment of the rights under this Agreement shall include in writing the assumption
of the duties, obligations, and liabilities arising from this Agreement if the City grants written
consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to
assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act,
and any such assignment or transfer shall be wholly void and of no force and effect unless such
written consent thereto be obtained from the Council. Such transfer or assignment shall not
relieve Owner of any duty, obligation or liability to City without the consent of the City.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Owner
contained in this Agreement as such duties and obligations pertain to the portion of the Property
transferred or assigned. Any and all approved successors and assignees of Owner shall have all
of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If
the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated,
assigned, or transferred to persons for development by them in accordance with the provisions of
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this Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the
obligations of Owner and the transferee or assignee shall be joint and several.
4.3.1 Permitted Assignments. The prohibition against transfer of ownership of
the Property as defined in section 4.3 above shall not apply to, and the City hereby consents to,
the following:
a. Associations, including .limited partnerships, limited liability
companies, or joint ventures with other entities for the purpose of performing Owner's
obligations under this Agreement, provided Owner retains sole operational and managerial
control.
b. Easements or temporary permits to facilitate development of the
Property .
c. Deeds of trust or other financing documents executed for the
purpose of securing loans to Owner made to finance the development of the Property, and
transfers to any person or entity pursuant to a foreclosure or deed in lieu of foreclosure of such
deed of trust or other, similar, financing documents and any subsequent transfer by any such
person or entity.
4.4 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the
same manner as its adoption by an ordinance as set forth in Government Code Section 65868.
The term "Agreement" or "Development Agreement" as used herein shall include any
amendment properly approved and executed.
4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this
Agreement is enforceable by any party to the Agreement in any manner provided by law. The
remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable
for, any action in damages or any costs or attorney's fees resulting from any dispute,
controversy, action or inaction, or any legal proceeding arising out of this Agreement except as
may be provided in Section 6.3(5) of this Agreement.
4.6 Hold Harmless. Property Owner agrees to and shall hold City, its
officers, agents, employees, consultants, special counsel, and representatives harmless from
liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including health, and claims for property damage, which may arise
from the direct or indirect operations of the Property Owner or their contractors, subcontractors,
agents, employees, or other persons acting on their behalf which relates to the Project; and (2)
from any claim that damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement This hold harmless Agreement
applies to all claims for damages, just compensation, restitution, judicial or equitable relief
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suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or
due by reason of the terms of, or effects, arising from this Agreement or any approval or
certification by the City relating to the Project, regardless of whether or not the City prepared,
supplied or approved this Agreement, plans or specifications, or both, for the Project. The
Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of
the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement or any approval or certification
by the City relating to the Project, or asserting that damages, just compensation, restitution,
judicial or equitable relief is due to personal or property rights by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
4.7 Binding Effect of Agreement. To the extent not otherwise provided in
Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the
Agreement inure, to the parties' successors in interest.
4.8 Relationship of the Parties. The contractual relationship between City
and Owner arising out of the Agreement is one of independent contractor and not agency. This
Agreement does not create any third party beneficiary rights.
4.9 Notices. Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and shall be deemed to be properly given if
delivered in person or mailed by first class or certified mail, postage prepaid, or sent by
telefacsimile or other telegraphic communication in the manner provided in this Section, to the
following persons:
If to City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M~31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
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If to Owner, to:
Coastal Rim Properties, Inc.
Geneva Commons, LLC
139 East Alton Avenue
Santa Ana, California 92707
Attention: Franco Mola
telefacsimile: (714) 708-0873
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.
5. DEVELOPMENT OF THE PROPERTY.
5.1 Existing Rules, Regulations and Policies. The rules, regulations and
official policies governing the permitted use(s) of the Property, with respect to and only with
respect to the permitted use(s) density, height, size of structures and intensity of use of the
Property, shall be those rules, regulations, and policies applicable to the Property as of the
effective date of this Agreement.
5.1.1 Cooperative Agreement for Off-Site Improvements. The Owner and
the City, together with other parties, have concurrently executed a Cooperative Agreement for
Off-Site Improvements, a true and correct copy of which is attached hereto as Exhibit D and
incorporated herein by this reference. Owner agrees to comply in all respects with its obligations
under said Agreement, and agrees and acknowledges that a material breach of said agreement
shall constitute a material breach of this Agreement.
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5.1.2 Remaining Offsite Mitigation Measures. The additional offsite
mitigation measures, beyond those set forth in the agreement referenced in section 5.1.1 of this
Agreement, which must be constructed by Owner are as set forth in Exhibit E to this Agreement.
All funds or costs for offsite mitigation measures required pursuant to the approvals set forth in
section 2.4 of this Agreement shall be paid the earlier of (1) the time called for in the said
approvals, or (2) no later than recordation of the final subdivision map for the Project, whichever
comes first.
5.2 Exclusion from Existing Rules, Regulations and Policies.
Pursuant to Government Code Section 65866, and Pardee Construction Co. v.
City of Camarillo (1984) 37 Ca1.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, City retains the right
to enact police power regulations on matters not covered by section 5.1 of this Agreement,
including without limitation:
a. Regulation of the rate and amount of growth is not abrogated by the City,
in that the parties agree and acknowledge that the City hereby retains the police power to provide
for change in regulations, ordinances, policies, and plans relating to moratoria, building permit
allocations, timing, and sequencing of development and the financing and provision of adequate
public facilities at the time of development.
b. Municipal laws and regulations which do not interfere with Owner's vested
rights to develop and use the Property in accordance with section 5.1 of this Agreement Owner and
its successors and assigns and all persons and entities in occupation of any portion of the Property
shall comply with such non-conflicting laws and regulations as may from time to time be enacted or
amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws
and regulations include the following:
(1) Taxes, assessments, fees and charges, except as otherwise
specifically provided in this Development Agreement;
(2) Building, electrical, mechanical, fIre and similar codes based upon
uniform codes incorporated by reference into the Santa Ana Municipal Code;
(3) Laws, including zoning code provisions, which regulate the manner
in which business activities may be conducted or which prohibit any particular type of
business activity on a city-wide basis; and
(4) Procedural rules of general City-wide application.
c. In recognition of the need for City services, including but not limited to
police, fire and park, to meet the demand generated by new, cumulative residential development in
the City, District, Owner will not object to participation in a community facilities district, assessment
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district, or other similar funding mechanism, to provide funds for such services, should any such a
mechanism be established.
d. No vested rights as to any requirements in this section either as to existing
or future regulations, ordinances, policies, and plans are hereby conferred.
5.3 Design and Construction Standards and Specifications. The design
and construction standards and specifications for all Project construction, including without
limitation the facilities set forth in the Public Art Plan, shall be subject to applicable design
standards and guidelines in effect at the time that any development approval shall be sought for
the Project or any unit or structure contained within the Project.
5.4 FAA Approval. Owner shall obtain and maintain, during the term of the
agreement, any and all necessary approvals from the FAA for the Project. Should such
approvals lapse, and not be reinstated or reapproved prior to the issuance of the first building
permit, the City shall have the right to terminate the agreement.
5.4.1. Avigation Easement. The Owner shall, prior to issuance of the first
building permit for the Project, execute an avigation easement in a form approved by the City
Attorney, which shall be recorded with the Recorder of the County of Orange. The avigation
easement shall prohibit any and all claims, actions or lawsuits of any kind or type for nuisance or
interference with use and enjoyment of the underlying Property or the Project including but not
limited to noise, sound, vibration, fumes, fuel particles, dust, discomfort or other environmental
effects incident to aircraft operations as well as any inconvenience or annoyances caused by the
operations of the John Wayne Airport (SNA). The avigation easement shall grant the right to
enter or penetrate into or transmit through the airspace above, on or in the vicinity of the
Property for the unobstructed use, passage or operation of all types of aircraft and the right to
create or generate all things and consequences to the Property that may be, or may be alleged to
be, incident to or resulting from the use of said Airspace and any and all related aircraft and
airport operation. The City shall be the benefited party in the avigation easement, but said
easement shall be assignable by the City to a third party, including but not limited to John
Wayne Airport (SNA), without consent of Owner.
5.4.2. Limit on Fast Food and Take Out Restaurants. At no time shall the
Owner permit more than 3,000 square feet of the retail space in the Project to be devoted to "fast
food" and "take out" restaurants. For purposes of this Agreement, a restaurant shall not be
deemed to be a "fast food" or "take out" restaurant if it provide sit-down dining areas and
exclusive table service for ordering and delivering meals and beverages, and take out service
ancillary to such services.
5.5 Future Discretionary Approvals. This Agreement shall not prevent the
City, when considering requests for discretionary approvals not covered by Section 5.1 of this
Agreement subsequent to the effective date of this Agreement, from applying new rules,
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regulations, and policies which are applicable to the Property, including but not limited to,
changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall
this Agreement prevent the City from denying or conditionally approving any subsequent
applications for land use entitlements based on such existing or new rules, regulations, and/or
policies; provided however, that such new rules, regulations, and official policies are of general
application to all development within the City and are not imposed solely with respect to the
subject property. In addition, this Agreement shall not prevent the City from exercising its
police power to protect the health, safety, and welfare of the public. This police power,
exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or
obligations created or existing between the parties.
5.6 Processing Fees. All fees and charges intended to cover City costs
associated with processing development of the Property, including but not limited to fees and
charges for applications, processing, inspections, plan review, plan processing, and/or
environmental review, which are existing or may be revised or adopted during the term of this
Agreement, shall apply to the development of the Property.
5.7 Amendments or Additions to Citywide Fee Programs. This Agreement
shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
or assessments (hereafter collectively referred to as "fees") adopted by the City after the
effective date of this Agreement, which shall be applicable to the Project or the Property
provided that they (1) are standard fees applicable to all development in the City (although actual
fee rates may vary within the City where bona fide Citywide fee zones have been established),
(2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a)
mitigate, offset or compensate for Project impacts which were analyzed in the negative
declaration prepared for the Project, or (b) duplicate any project design features conditions of
approval, Agreements, or mitigation measures contained in the Development Plan or this
Agreement.
5.8 Development, Construction and Completion of Work of Public Art.
In consideration for the extraordinary and significant benefits set forth in this Section, the Owner
has been legally vested under paragraph 5.1 with regard to the permitted uses ofland, density,
and intensity of use, Owner shall include within the Project at a prime location visible to the
public, a single or grouped permanent work of public art (the "Public Art"). The Public Art
shall conform in all respects to Exhibit C of this Agreement.
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Facilities specified in section 5.8.1 below must be designed and/or constructed
prior to the triggering event. In the event that Owner fails to meet either of the triggering events
set forth in section 5.8.1., below, Owner shall pay the City an amount equivalent to one-half of
one percent (0.5%) of the estimated value of its Project, as conclusively specified by the
Executive Director of the City's Planning and Building Agency, to be used by the City to acquire
other public art for other locations within the City, in which case, Owner will not be considered
in default under this Agreement.
5.8.1 Work of Public Art.
Items to Be Complete
1. Submit Final Design of Public Art.
Final design must conform to Public Art
Plan.
Triggering Event (E g J New I Jse or New Area)
Prior to issuance of first Building Permit or five
(5) years from the effective date of this
Agreement, whichever comes first.
2. Install Public Art.
Prior to City's issuance of the first Certificate of
Occupancy for any building or structure, or the
expiration of the term of this Agreement,
whichever comes first.
With respect to the Final Design, Owner shall complete all construction and
development, shall submit all plans, drawings, and other documents, and perform all of its
obligations under this Agreement within the times specified above. During periods of
construction of the work of public art encompassed in the Public Art Plan, Owner shall submit to
the City a written report of the progress of the construction when and as reasonably requested by
the City. The report shall be in such form and detail as may be reasonably required by the City,
and shall include a reasonable number of construction photographs (if requested) taken from the
last report by Owner. Development scheduling or date or times of performance may be subject
to revision from time to time if first mutually agreed to in writing. Such revisions do not
constitute amendments requiring further notice and public hearing.
5.8.2. Inclusionary Housing Fee. Owner shall pay to the City the sum of
$3,000.00 per residential unit as a condition of issuance of each building permit. This fee shall
be used by the City for planning (including but not limited to preparation of one or more
elements of its general plan or for zoning amendments), conceptual design, final design, bid
preparation, award of bid, property appraisal, property acquisition, relocation, lost goodwill,
and/or construction of new or substantially rehabilitated existing affordable housing in the City.
Alternatively, Owner may at any time cease making such payments if it enters into an agreement
with the Conununity Redevelopment Agency of the City of Santa Ana to either (i) newly
construct or rehabilitate and sell or lease, with affordability covenants as required by State law,
42 inclusionary housing units (that being 15% of the housing units proposed for the Project as
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provided by Health & Safety Code section 33413(b)(2)(A)), and/or (b) provide for up to sixty
percent (60%) ofthese indusionary units to moderate income residents at its Project, consistent
with Health & Safety Code section 33413(b)(2).
5.8.3 No Redevelopment Subsidy. The Owner shall not be entitled to request
or accept any agreement with the Santa Ana Community Redevelopment Agency for economic,
debt service payments, or other assistance for the development of the Project. Failure to comply
with this provision shall be deemed in and of itself to constitute a failure to in good faith comply
with terms or conditions of this Agreement pursuant to the terms of Government Code section
65865.1.
5.8.4. In-Lieu Park Development Fee. The Owner shall pay an in-lieu park
development fee amount equivalent to the Park Dedication requirement referenced in the site
plan review letter for Site Plan Review No. 2004-06. The fee shall be assessed at the value of
$35.50 per square foot of area to be dedicated pursuant to the standard established by section
34-204 et seq. of the Santa Ana Municipal Code, as specified in said City's site plan review
letter; provided, however that the fee may be increased yearly beginning twelve months
following the effective date of this agreement, by the average rate of increase in land costs in the
City of Santa Ana, as that increase is established by the "Construction Cost Index-Los Angeles,"
published by Engineering News-Record, or substitute index chosen by the Executive Director of
Planning and Building should that Index be discontinued. The fee shall be paid prior to issuance
of each building permit. The City shall use said fees for new parkland, capital improvements at
existing parks, and deferred maintenance at existing parks (up to a maximum of fifty percent of
amount of the fee), and seventy five percent (75%) of said fees shall be utilized by the City in the
Quadrant ofthe City (as set forth in the City's Park A&D Fee program) in which the Project is
located. Ifnot used or appropriated this fee shall be returned to Developer, consistent with the
provisions of (and subject to the exceptions contained within) the California Mitigation Fee Act,
Government Code 9 66000 et seq.
5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions,
and Restrictions (CC&R's) must be provided and approved by the Planning and Building Agency's
Executive Director for the project prior to the issuance of the first building permit. Such CC&R's
must contain at a minimum, the following:
(1) No more than four residents per unit, except that for three-bedroom
units, there shall be no more than five residents per unit.
(2) To the extent permitted by law, all residential and live-work units
shall remain owner occupied and shall not allow rental of the entire unit.
(3) No home occupancy shall be permitted in a unit, except III
accordance with section 41-192 et seq. ofthe Santa Ana Municipal Code.
12
11 A-16
(4) Assignment of repair of perimeter walls and common areas,
including landscaping, will be specified in the CC&R's in the event of
damage.
(5) Disclosure and release: CC&R's shall provide notice to prospective
owners of the urban character of the City and this area, including but not
limited to the permitted uses of the property and buildings in the immediate
area of the development (e.g., MacArthur Place, Griffin Towers, and
surrounding property zoned and/or devoted to commercial use), and shall
provide a release of all claims against the City which may arise from or
relate to the disclosed matters.
(6) Terms and Content:
1. CC&R's are to be in effect in perpetuity.
ii. Any proposed modifications to the CC&R's will reqUIre
approval by the Agency's Executive Director.
111. CC&R's shall provide a significant financial penalty (i.e., the
maximum permitted by law) that shall be imposed by the Home
Owner's Association to any member who violates these provisions
5.9 Responsibility For Costs of Work Of Public Art. The City and Owner
agree that Owner shall be responsible for all costs associated with the design, construction,
maintenance and repair of the work of public art provided for in the Public Art Plan.
5.10 Moratoria. Moratoria enacted by the City for the public health, safety,
and welfare, which are imposed on the Property or Project, shall toll the time periods set forth in
this Agreement.
5.11 City to Receive Contract Documents. Owner shall furnish City, upon
written request, copies of contracts and supporting documents relating to the work of public art.
5.13 Conditions of Discretionary Approvals. The requirements imposed as
conditions of any discretionary approval received through the City's existing regulatory process
shall be governed by the terms of those approvals, and in no event shall such conditions be
affected by the termination, cancellation, rescission, revocation, or default or expiration of this
Agreement.
5.14 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Project in substantial conformity with all
13
11 A-17
applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
States, the State of California, the County of Orange, the City, or any other political subdivision
in which the Property is located, and of any other political subdivision, agency, or
instrumentality exercising jurisdiction over the City, the Owner or the Property, including all
applicable federal, state, and local occupation, safety and health laws, rules, regulations and
standards, applicable state and labor standards, applicable prevailing wage requirements, the
City zoning and development standards, City permits and approvals, building, plumbing,
mechanical and electrical codes, as they apply to the Property and the Project, and all other
provisions of the City and its Municipal Code (as they apply to the Property and the Project), and
all applicable disabled and handicapped access requirements, including, without the limitation,
the Americans With Disability Act, 42 V.S.C. S 12101 et seq., Government Code S 4450 et seq.,
and the Unruh Civil Rights Act, Civil Code S 51 et seq. ("Governmental Requirements").
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
months during the term of this Agreement, review the extent of good faith substantial
compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section
65865.1, as amended, Owner shaIl have the duty to demonstrate by substantial evidence its good
faith compliance with the terms of the Agreement at the periodic review.
6.2 Review Letter. If Owner is found to be in compliance with the
Agreement after annual review, City shaIl, upon written request by Owner, issue a Review Letter
to Owner (the "Letter") stating that based upon information known or made known to the City
Council, the City Planning Commission and/or the City Planning Director, the Agreement
remains in effect and Owner is not in default. Owner may record the Letter in the Official
Records of the County of Orange.
6.3 Failure of Periodic Review. City's failure to review at least annuaIly
Owner's compliance with the terms and conditions of this Agreement shall not constitute or be
asserted by any party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1 Events of Default. Property Owner is in default under this Agreement
upon the happening of one or more of the following events or conditions:
(I) If a warranty, representation, or statement made or furnished by
Property Owner to the City in conjunction with the Project is false or proves to have been false
in any material respect when it was made;
(2) A finding and determination made by the City following a periodic
review under the procedure provided for in Government Code Section 65865.1 that upon the
14
11 A-18
basis of substantial evidence the Property Owner has not complied in good faith with one or
more of the terms or conditions of this Agreement;
(3) Failure to comply with Governmental Requirements;
(4) Any other event, condition, act, or omission of Owner, or of its
officers, agents, employees, consultants, special counsel, or representatives, which materially
interferes with the intent and objectives of this Agreement.
7.2 Procedure upon Default.
(1) Upon the occurrence of default, City shall give Property Owner
(the "defaulting party") thirty (30) days written notice specifying the nature of the alleged
default and, when appropriate, the manner in which said default may be satisfactorily cured.
After proper notice and expiration of said thirty (30) day cure period without cure, City may
terminate or amend this Agreement in accordance with the procedure adopted by the City as to
all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be
cured within said thirty (30) day cure period, City may terminate or amend this Agreement in
accordance with the procedure adopted by the City should at any time Owner fail to diligently
proceed in curing the default. Failure or delay in giving notice of default shall not constitute a
waiver of any default, nor shall it change the time of default.
(2) City does not waive any claim of defect in performance by
Property Owner, if on periodic review the City does not propose to modify or terminate this
Agreement.
(3) Non-performance shall not be excused because of a failure of a
third person.
(4) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Property Owner, shall be sufficient to terminate this
Agreement and a hearing on the matter shall not be required.
(5) Adoption of a law or other governmental activity making
performance by the Owner unprofitable or more difficult or more expensive does not excuse the
performance of the obligation by the Property Owner.
(6) All other remedies at law or in equity which are not inconsistent
with the provisions of this Agreement are available to the parties to pursue in the event there is a
breach.
7.3 Damages upon Termination. In no event shall Property Owner be
entitled to any damages against City upon lawful termination of this Agreement.
15
11 A-19
7.4 Institution of Legal Action. In addition to any other rights or remedies,
either party may institute legal action to cure, correct, or remedy any default or breach, to
specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any
threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the
purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County
of Orange, State of California, or in the Federal District Court in the Central District of
California, Southern Division.
8. ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1 Discretion to Encumber. This Agreement shall not prevent or limit
Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion
of the Property or any improvement on the Property by any mortgage, deed of trust, or other
security device securing financing with respect to the Property or its improvement.
8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage
or beneficiary of a deed of trust encumbering the Property or any part thereof and their
successors and assigns shall, upon written request to City, be entitled to receive from City
written notification of any default by Owner of the performance of Owner's obligations under the
Agreement which has not been cured within thirty (30) days following the date of default.
8.3 Releases. City agrees that upon written request of Property Owner and
payment of all fees and performance of the requirements and conditions required of Owner by
this Agreement with respect to the Property, or any portion thereof, City may execute and deliver
to Owner appropriate release(s) of further obligations imposed by this Agreement in form and
substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect
the release.
9. MISCELLANEOUS PROVISIONS.
9.1 Rules of Construction. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than
one signer of this Agreement, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This Agreement
constitutes the entire understanding and Agreement ofthe parties with respect to the matters set
forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements
between the parties respecting this Agreement. All waivers of the provision of this Agreement
must be in writing and signed by the appropriate authorities of City or of Owner. All
amendments to this Agreement must be in writing signed by the appropriate authorities of City
and Owner, in a form suitable for recording in the Official Records of Orange County,
California. Within ten (10) days following the effective date of this Agreement, a copy of this
Agreement shall be recorded in the Official Records of Orange County, California. Upon the
16
11 A-20
completion of performance of this Agreement or its revocation or termination, an appropriate
Certificate of Completion acknowledging such occurrence signed by the appropriate agents of
Owner and City shall be recorded in the Official Records of Orange County, California.
9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section
65864 et seq. ; (b) City has no interest in or responsibilities for or duty to third parties concerning
any improvements to the Property or in connection with the Project; and (c) Owner shall have
the full power and exclusive control of the Property subject to the obligations of Owner set forth
in this Agreement.
9.4 Incorporation of Recitals. The Recitals set forth in Section I ofthis
Agreement are part of this Agreement.
9.5 Captions. The captions of this Agreement are for convenience and
reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this Agreement.
9.6 Consent. Where the consent or approval of a party is required in or
necessary under this Agreement, the consent or approval shall not be unreasonably withheld.
9.7 Covenant of Cooperation. The parties shall cooperate with, deal with
each other in good faith, and assist each other in the performance of the provisions of this
Agreement.
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with written notice of such state or federal restriction, provide a copy of
such regulation or policy, and a statement of conflict with the provisions of this Agreement. The
parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation. Thereafter,
regardless of whether the parties reach an Agreement on the effect of such federal or state law or
regulation upon the Agreement, the matter shall be scheduled for hearing before the Council.
Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The
City Council, at such hearing, shall determine the exact modification or suspension which shall
be necessitated by such federal or state law or regulation pursuant to Government Code Section
65869.5. At the hearing Owner shall have the right to offer oral and written testimony.
17
11A-21
9.10 Recording. The City Clerk shall cause a copy of this Agreement to be
recorded with the Office of the County Recorder of Orange County, California, within ten (10)
days following the effective date of this Agreement.
18
11 A-22
IN WITNESS Wl-7"RREOF, this Agreement has been executed by the City of
Santa Ana and by Property Owner.
GV 111
Dated thisaL day of --{ \ iJA ~ , 2002.
THE CITY OF SANTA ANA
By
DA VID N. REAM
City Manager
Approved as to Form:
By
JOSEPH W. FLETCHER
City Attorney
COASTAL RIM PROPERTIES, INC.,
A California Corporation
Franco Mola
Its Chief Executive Officer
GENEVA COMMONS, LLC,
A California Limited Liability Company
~~y)
19
11 A-23
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200_, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city
that executed the within instrument, known to me to be the person who executed the within
instrument on behalf of the municipal corporation therein named, and acknowledged to me that
such municipal corporation executed the within instrument pursuant to its bylaws or a resolution
of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
~ On this 2 ':Jrd. day of U (JJ eh , 2005, before me,
,Jf.SS'{IQ ~ . Mcu-h~ \ , a Notary Public in and for said state, personally appeared
WO,t'l~t") Malo... , personally known to me (or proved to me on the basis
of sat~sfactory evidence) to be the~;Q{: OOlL11(t' O\t{.9"f {lOllsh::..l e.ilY\ Ptqx'-(~II~; the
DY'J (t..L( that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board.
WITNESS my hand and official seal.
x~. JESSICA S. MARmil .~
- Comm. # 1440974
lI).. NOTARY PUBLIC. CALIFORNIA ~
Orange County ""
My Comm. Expires Sep.. 23, 2007
t-2.rV1~
TARY PUBLIC
20
11 A-24
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200 , before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city
that executed the within instrument, known to me to be the person who executed the within
instrument on behalf of the municipal corporation therein named, and acknowledged to me that
such municipal corporation executed the within instrument pursuant to its bylaws or a resolution
of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
n this ..)\ t;f- day of ~ , 200S , before me,
~ a Notary Public in and for said state, personally appeared
. j' e,... , personally known to me (or proved to me on the basis
of sati~factory evidence) to be the 'MtWli~ ~ tAt4 of ~ ~O~U1M5 U~ the
~ ~D.A~ that executed the WIthin instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board.
WITNESS my hand and official seal.
i .-. ..-. ..-. ..-. ..-. .. ~ ~ ...... "- -;:;
MONIQUE JUTEAU
~e Commission # 1337679 t
~. Notary Public - CaUfomia ~
2 ~
~ ",' Orange County f
My Comm. Expires Jan 5, 2006.
_................___II(t".-_'-""......~____
~p~
20
11 A-25
EXHIBIT" A"
LEGAL DESCRIPTION OF GENEVA COMMONS PROPERTY
REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 1 OF LOT LINE ADJUSTMENT NO. 98-001 IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED APRIL 9, 1998, AS
INSTRUMENT NO. 19980210009 OF OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
11 A-26
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COASTAL RIM PROPERTIES
EXHIBIT B
11 A-27
EXHIBIT C
Public Art Plan
1. Public art valued at one-half of one percent (0.5%) of the total Project building permit
valuation is required. Public art shall be comprised of a single art piece or grouped art pieces
to be placed at a final location to be determined as specified in paragraph 2.5 of this
Agreement. The public art should invite participation and interaction, inspire, add local
meaning, interpret the community by revealing its culture or history, and/or capture or
reinforce the unique character of the new place. A comprehensive Public Art Plan indicating
compliance with this requirement, and which proposes specific pieces of art for specific
locations or applications, shall be submitted to the Planning Commission prior to the
completion of the project's first phase. All public art approved by the Planning Commission
in the Public Art Plan shall be completely installed as provided in paragraph 5.8.1 of this
Agreement.
2. Art should be sited to complement features such as plaza or architectural components so that
the art is an integral part of the development site.
3. Public art should be constructed using durable materials and finishes including but not
limited to stone or metal.
4. No art piece provided pursuant to the public art requirement shall include advertising of any
type, including but not limited to products, services or businesses.
5. All public art provided pursuant to the public art requirement shall be properly maintained at
all times, be free of any graffiti and shall not incorporate any flashing or distracting form of
illumination.
6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the
project site and may not be removed without the approval of the Planning Commission.
7. Expenses Not Allowed from Art Allocation
1. Expenses to locate the artist (e.g., airfare for artist interviews, etc.)
11. Architect and Landscape Architect fees.
iii. Landscaping around a sculpture that is not included as part of the artist's sculpture
furnishings, including, but not limited to, functional structures, prefabricated water or
electrical features not created by the artist, and ornamental enhancements.
IV. Utility fees associated with activating electronic or water generated artwork.
24
11 A-28
v. Lighting elements not integral to the illumination of the art piece.
VI. Publicity, public relations, photographs, educational materials, business letterhead or
logos bearing artwork image.
vii. Dedication ceremonies, including sculpture unveilings or grand openings.
25
11 A-29
COOPERATIVE AGREEMENT FOR
OFF-SITE IMPROVEMENTS
THIS Agreement is entered into this day of ,2005, by and between
the SANDPOINTE NEIGHBORHOOD ASSOCIATION, INe., a California, non-profit public
benefit and federaI501(c)(3) corporation ("Sandpointe"), the NEXUS DEVELOPMENT
CORPORATION/CENTRAL DIVISION, INe. a California corporation and The Grand Plan 2,
LLC, a California Limited Liability Company (collectively referred to herein as "Nexus"),
COASTAL RIM PROPERTIES, INe., a California corporation ("Geneva Commons"), the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body
corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California
(the "City").
WITNESSETH
A. Nexus has proposed constructing at Hutton Center a five level residential
condominium project, two 23-residentiallevel condominium high-rise and one 24-residentiallevel
condominium (for a total not to exceed 835 condominium units), together with ancillary retail not
to exceed 14,000 square feet (the "Nexus Project").
B. Geneva Commons has proposed constructing at the northeast comer of MacArthur
Boulevard and Imperial Promenade an approximately 278-unit condominium project consisting of
an 18-residentiallevel high rise project and an eight-story building, together with ancillary retail
(the "Geneva Commons Project").
e. Sandpointe is a non-profit corporation that serves as a conduit between the
Sandpointe Neighborhood ("Neighborhood") and outside community and political interests.
Sandpointe Neighborhood is a residential neighborhood of single family and some multi-family
homes in the southeast portion of Santa Ana. The Sandpointe Neighborhood consists of
approximately 800 residences. Sandpointe does not have the authority to bind any individual
resident of the Sandpointe Neighborhood.
D. The Agency is a community redevelopment agency, as that term is defined in
California Health & Safety Code 9 33100. In 1982, the Agency created the South Main
Redevelopment Project Area ("Project Area"), and Nexus and Geneva Commons are located within
the Proj ect Area.
E. Sandpointe has identified certain physical improvements needed in the area of the
Neighborhood that are necessitated by or would in some way offset the impact of the two
development projects. Nexus and Geneva Commons desire to contribute towards the cost and/or
construction of those improvements to the Sandpointe neighborhood in addition to and to
EXHIBIT D
1
11 A-30
supplement the mitigation measures and conditions of approval imposed by the City of their
respective developments. Those improvements are set forth in Exhibit A, attached hereto and made
a part hereofby this reference ("Improvements").
F. The Agency is willing to assist in the funding of the improvements but only from a
portion ofthe tax increment actually generated by the Nexus and Geneva Commons Projects and to
fund specified improvements that would reduce blight and benefit the Project Area.
G. The City's participation in this Agreement is limited to coordination of funding
and/or construction of certain, herein specified publicly owned improvements.
H. Nexus has agreed to construct some of the improvements, and pay for the
construction of others, as more fully set forth below ("Nexus Improvements").
I. Geneva Commons has agreed to pay for a portion ofthe Nexus Improvements.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF WORK
A. Nexus shall construct and/or fund the improvements identified as "Nexus
Improvements" in Exhibit A hereto according to the schedule set forth in Exhibit B to this
Agreement, attached hereto and incorporated herein by this reference. Nexus shall be entitled to
full use of the funds deposited in the Nexus Escrow to undertake the Nexus Improvements.
B. In consideration for Nexus' agreement to construct and/or fund the Nexus
Improvement, Geneva Commons agrees to contribute a sum equal to its pro-rata share of residential
units between itself and Nexus (which is currently twenty-five percent (25%) pursuant to those
numbers set forth in sections A and B of the Recitals above) of the cost of the Nexus
Improvements, towards the cost thereof payable at the time called for below. Notwithstanding the
foregoing, if Nexus has not executed this Agreement prior to the date this Agreement becomes
binding on Geneva Commons (which the parties agree shall conclusively deemed to be the first day
upon which this Agreement has been executed by Geneva Commons, the City, the Agency and
Sandpointe), then Geneva Commons pro-rata share contribution to the Nexus Escrow shall be
conclusively fixed at twenty-five (25%) regardless of the actual number of residential units
approved for it and Nexus.
C. If the entire Nexus and Geneva Commons Projects are constructed, Agency shall
cause the construction ofthe improvements identified as "Publicly-Owned Improvements" in
Exhibit A hereto according to the schedule set forth in Exhibit C to this Agreement, attached hereto
and incorporated herein by this reference. The parties acknowledge and agree that the total cost of
the publicly owned improvements, including studies, design and overhead, shall not exceed Five
Million Dollars ($5,000,000.00).
EXHIBIT D
2
11A-31
2. COMPENSATION AND METHOD OF PAYMENT
A. Nexus shall, within sixty (60) days of execution of this Agreement, open an escrow
account at First American Title Insurance Company, 2 First American Way, Santa Ana, California,
or an equivalent escrow company approved in advance by Geneva Commons and Sandpointe, for
deposit of funds to be used to pay for the Nexus Improvements (referred to herein as the ''Nexus
Escrow").
B. Sandpointe shall deposit $1,000.00 into the Nexus Escrow on the Escrow
Submission Date no later than the date the of the first payment made pursuant to paragraph 2.D. of
this Agreement.
C. Prior to the deadline specified in paragraph 2.D. ofthis Agreement, Nexus and
Geneva Commons shall meet and confer in good faith to agree upon the estimated cost of the
Nexus Improvements. If, at any time, either Geneva Commons or Nexus determines that such
agreement is not possible, then the objecting party shall submit its dispute in writing, together with
any evidence upon which it relies to the Executive Director ofthe City's Public Works Agency and
the other party. Within fifteen (15) days of its receipt of said notice, the non-objecting party shall
then have fifteen (15) days to submit any response it has to the City and the objecting party. The
Executive Director ofthe City's Public Works Agency or designee shall then, within thirty (30)
days of receipt of the response, if any, or the expiration of said deadline, inform both Geneva
Commons and Nexus in writing of the final determination of the estimated total cost, which all
parties agree shall be conclusive and binding upon both Nexus and Geneva Commons. Thereafter,
Nexus and Geneva Commons shall deposit their respective shares ofthe estimated cost ofthe
Nexus Improvements as set forth in paragraph 1.B. of this Agreement, less $1,000.00, into the
Nexus Escrow no later than the date specified in paragraph 2.D. of this Agreement.
D. Nexus shall pay into the Nexus Escrow no later than (i) the date the first building
permit is issued by the City for the Nexus Project, or (ii) a date ninety (90) days after the issuance
of entitlements to Nexus, provided no litigation or referendum petition challenging Nexus has been
filed and served on the City, whichever comes later. Geneva Commons shall pay into the Nexus
Escrow no later than (i) the date the first building permit is issued by the City for the Geneva
Commons Project, or (ii) a date ninety (90) days after the issuance of entitlements to Geneva
Commons, provided no litigation or referendum petition challenging Geneva Commons has been
filed and served on the City, whichever comes later.
EXHIBIT D
1
11A-32
E. The Agency shall pay the City its cost incurred by the City for the Publicly-Owned
Improvements set forth in Exhibit A to this Agreement; provided, however that total commitment
by the City and Agency toward the Publicly-Owned Improvements shall not exceed FIVE
MILLION DOLLARS ($5,000,000.00). If the items set forth as Publicly-Owned Improvements in
Exhibit A are found to cost more than this sum, then the Agency shall, in the exercise of its sole and
absolute discretion, limit or eliminate Publicly-Owned Improvements set forth in Exhibit A;
provided, however, that the Agency shall proceed with the Publicly-Owned Improvements in the
order as set forth in said Exhibit.
3. NEXUS CONSTRUCTION DRAWINGS AND RELATED DOCUMENTS
A. Nexus shall prepare and submit construction drawings and related documents for
items listed on Exhibit A to the City for review (including, but not limited to, architectural review)
and written approval as and at the times established in the Schedule of Performance set forth in
Exhibit B to this Agreement. The construction drawings and related documents shall be submitted
in two stages: (i) the Preliminary Site Plans and (ii) Final Site Plans.
B. During the preparation of all drawings and plans, City staff and Nexus shall hold
regular progress meetings to coordinate the preparation of, submission to, and review of
construction plans and related documents by the City. The City staff and Nexus shall communicate
and consult informally as frequently as is necessary to insure that the formal submittal of any
documents to the City can receive prompt and speedy consideration.
C. Any revision or correction of plans required by the City shall be deemed approved
by the Agency, Geneva Commons and Sandpointe.
D. Neither the City, the Agency, Sandpointe or Geneva Commons shall have any
ownership interest in, or any right to use, the Preliminary Site Plans or the Final Site Plans
submitted by Nexus, nor shall the City, the Agency, Sandpointe or Geneva Commons authorize the
right to use any such plans or drawings to any person or entity.
4. APPROVAL OF NEXUS PLANS, DRAWINGS AND RELATED DOCUMENTS
A. The City shall have the right of reasonable review (including, but not limited to,
architectural review) of all plans, drawings and related documents including any proposed changes
therein. The City shall approve or disapprove such plans, drawings, and related (and any proposed
changes therein) within the times established in the Schedule of Performance set forth in Exhibit B
hereto. Such approval shall not be unreasonably withheld.
B. Any disapproval shall state in writing the reasons for disapproval. The City shall
have the right to disapprove, in its reasonable discretion, any ofthe Final Plans if the Final Plans do
not conform to the Approved Plans, the approved Preliminary Plans or do not conform to Exhibit A
to this Agreement, or are incomplete.
EXHIBIT D
4
11 A-33
C. The City shall state in writing the reasons for disapproval ofthe Final Plans within
sixty (60) days of receipt of copies of such Final Plans. Failure to respond within this sixty (60)
day period shall not be grounds for resubmittal.
D. Nexus, upon receipt of a notice of disapproval, shall revise such portions of the
plans, drawings or related documents in a manner that reasonably satisfies the reasons for
disapproval and shall resubmit such revised portions to the City as soon as possible after receipt of
the notice of disapproval. Plans, drawings, and related documents receiving City approval shall not
be subsequently disapproved. Nexus shall ensure that all of its plans, drawings and related
documents comply with all Governmental Requirements.
5. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF NEXUS
IMPROVEMENTS
a. Nexus shall construct and/or fund, utilizing the Nexus Escrow, the improvements in
conformance with Exhibit A to this Agreement and the approved Final Plans. To the extent that the
cost ofthe Nexus Improvements, constructed in conformance with Exhibit A to this Agreement and
the approved Final Plans, exceeds the funds in the Nexus Escrow, Nexus and Geneva Commons
shall be solely responsible for said costs, with each responsible for any additional cost to the same
percentage as is set forth in paragraph 1.B. ofthis Agreement. Nexus shall complete or fund, as the
case may be, the construction ofthe improvements in conformance with the schedule set forth in
Exhibit B to this Agreement.
b. The parties acknowledge and agree that the Block Wall identified as Item No. I on
Exhibit A will be constructed on the properties of dozens of individual homeowners in the
Sandpointe neighborhood, none of whom are parties to this Agreement. The parties agree to use
their best efforts to obtain permission of each of these individual property owners to construct this
Block Wall and to permit the City to permanently maintain the climbing ivy along the exterior of
the wall. However, it is the parties understanding and intent that should any property owner refuse
to agree to permit the construction and/or exterior ivy maintenance ("hold outs"), that the Block
Wall will be constructed regardless of any hold-outs, and that Nexus shall construct the Block Wall
in such fashion as to join the Block Wall to existing wall segments owned by hold outs and
minimize any negative aesthetic impact caused by such hold outs. Nexus agrees to hold Sandpointe
and its officers, directors, employees and agents harmless from any claim by any and all property
owners including such hold outs arising out of the construction ofthe Block Wall in which
Sandpointe, or its officers, directors, employees or agents are named. Nexus shall be permitted to
select counsel to defend Sandpointe at the expense of Nexus. In the event of a potential conflict of
interest between Sandpointe and Nexus, Sandpointe shall have the right to select independent
counsel. All fees and costs of independent counsel selected by Sandpointe for defense of any claim
arising out of or relating to any claims described herein shall be paid by Nexus on behalf of
Sandpointe.
EXHIBIT D
.s
11 A-34
6. AGENCY NOTICE TO PROCEED FOR DESIGN AND CONSTRUCTION OF
PUBLICLY OWNED IMPROVEMENTS
Upon the issuance of a certificate of occupancy pursuant to the California Building Code
for (i) all residential units in a minimum of two of the three high-rise towers in the Nexus Project,
and (ii) all residential units in the Geneva Commons Project, the Agency shall give the City a
notice to proceed to design and construct the Publicly-Owned Improvements as set forth in Exhibit
A. If only a portion ofthe residential units have been constructed within five (5) years ofthe date
of the Commencement Date, then the Agency shall only give the City a notice to proceed with a
partial list of items as set forth in Exhibit C to this Agreement. The Agency's obligation to pay for
the Publicly-Owned improvements, and the City's obligation to complete these Publicly-Owned
Improvements, or any part thereof, shall be limited by the Agency's ability to fund said work from
the project-specific tax increment generated by the Nexus Project; provided, however, that City and
Agency shall construct item no. l.a. on the list of Publicly-Owned Improvements in Exhibit A to
this Agreement regardless ofthe project-specific tax increment received by the Agency.
7. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF PUBLICLY
OWNED IMPROVEMENTS
a. City shall construct the Publicly-Owned Improvements in conformance with the
schedule set forth in Exhibit C to this Agreement and the approved Final Plans; provided, however,
that the Agency and City shall have no obligation once the cost of the Publicly-Owned
Improvements exceeds Five Million Dollars ($5,000,000.00). If the cost of the Publicly-Owned
Improvements, including all design, administrative and construction costs exceed $5,000,000.00,
then the City shall construct only that portion of the Publicly Owned Improvements as specified in
Exhibit C in the exercise of the Agency's sole and absolute discretion.
b. City shall, at the conclusion of the plant establishment phase specified in Exhibit B,
additionally maintain the climbing vines and irrigation constructed by Nexus along the outside of
the block wall, referenced in item no. I on Exhibit A hereto, but the City's obligation to maintain
the climbing vines shall only apply to those property owners who execute a fa<;ade easement with
the City in a form approved by the City Attorney permitting the City to maintain said climbing
vines and indemnifYing the City from any liability caused by said climbing vines and/or irrigation.
Sandpointe shall be responsible for obtaining signatures from these individual homeowners.
8. LIABILITY AND INDEMNIFICATION DURING CONSTRUCTION; BODILY
INJURY AND PROPERTY DAMAGE INSURANCE
A. From and after the Effective Date, Nexus and Geneva Commons agree to and shall
indemnify and hold Agency, City and Sandpointe, and their respective officers, directors, agents
and employees harmless from and against all damages to property or injuries to or death of any
person or persons, including employees or agents of Agency or City, and shall defend, indemnify
EXHIBIT D
n
11 A-35
and save Agency, City and Sandpointe, and their officers, agents, and employees, from any and all
claims, demands, suits, actions, or proceedings of any kind or nature, including, but not by way of
limitation, workers' compensation claims of or by anyone whomsoever, in any way resulting from
the negligent or wrongful acts or omissions of Nexus or Geneva Commons or their respective
employees, agents or subcontractors. For itself and no other, Sandpointe agrees to hold harmless
Agency, City and their respective officers, directors, agents and employees from and against all
damages to property or injuries to or death of any person or persons, in any way resulting from the
negligent or wrongful acts or omissions of Nexus or Geneva Commons, or their respective
employees, agents or subcontractors. This Agreement shall not be interpreted or construed to
obligate Sandpointe, its officers, directors or agents, or the Neighborhood to defend, indemnify or
to answer in any way for the Agency the City or their respective officers, directors, agents or
employees for such claims.
B. Prior to the commencement of construction, Nexus or any other party working
within the real property ofthe City or Agency, shall obtain at its sole cost and file with the City and
Agency, and maintain for the period covered by this Agreement, a policy or policies of liability
insurance or a certificate of such insurance, consistent with this Agreement, naming Agency, the
City and Sandpointe, their officers, directors, agents, and employees, as insured or additional
insured, which provides coverage not less than that provided in the form of a comprehensive
general liability insurance policy against liability for any and all claims and suits for damages or
injuries to persons or property resulting from or arising out of operations of Nexus, its officers,
directors, agents, or employees. Said policy or policies of insurance shall provide coverage for both
bodily injury and property damage in not less than One Million Dollars ($1,000,000) combined
single limit, or its equivalent. Said policy or policies shall also contain a provision that no
termination, cancellation, or change of coverage of insured shall be effective until after thirty (30)
days notice thereofhas been given in writing to City and Agency. Nexus shall give to Agency and
City prompt and timely notice of claim made or suit instituted arising out of Nexus operations
hereunder. Nexus may procure and maintain, at its own cost and expense, any additional kinds and
amounts of insurance, which in its own judgment may be necessary for its proper protection in the
prosecution of the work. All insurance policies shall be written by responsible and solvent
insurance companies and shall include an additional insured endorsement in substantially the form
of Exhibit D, attached hereto and incorporated herein by this reference
9. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS.
Nexus shall carry out the design, construction, and operation of the Nexus Improvements in
substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations,
orders, and decrees of the United States, the State of Cali fomi a, the County of Orange, the City, or
any other political subdivision in which the Property is located, and of any other political
subdivision, agency, or instrumentality exercising jurisdiction over the City or Nexus, including all
applicable federal, state, and local occupation, safety and health laws, rules, regulations and
standards, applicable state and labor standards, applicable prevailing wage requirements, the City
zoning and development standards, City permits and approvals, building, plumbing, mechanical
EXHIBIT D
7
11 A-36
and electrical codes, and all other provisions of the City and its Municipal Code, and all applicable
disabled and handicapped access requirements, including, without the limitation, the Americans
With Disability Act, 42 U.S.c. 9 12101 et seq., Government Code 9 4450 et seq., and the Unruh
Civil Rights Act, Civil Code 9 51 et seq. ("Governmental Requirements").
1 O. DEFAULTS AND REMEDIES
If any party defaults in performance of its obligations, covenants or agreements hereunder,
the defaulting party shall be entitled to cure the default in accordance with this section. The injured
party shall give written notice of default to the party in default, specifying the default complained of
by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor
shall it change the time of default. The defaulting party must, within thirty (30) days, following
service of said notice, commence to cure, correct or remedy such failure or delay and shall complete
such cure, correction, or remedy with reasonable diligence.
11. INSTITUTION OF LEGAL ACTIONS
Subject to the provisions of Section 13 hereof, in addition to any other rights or remedies, either
party may institute legal action to cure, correct or remedy any default to recover damages for any
default, or to obtain any other remedy consistent with the purpose ofthis Agreement.
12. APPLICABLE LAW
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. All 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 ofthis Agreement.
13. RIGHTS AND REMEDIES ARE CUMULATIVE
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
EXHIBIT D
R
11A-37
14. DAMAGES
In the event that the Agency or City is liable for damages to Nexus, Sandpointe and/or Geneva
Commons, such liability shall not exceed costs incurred by Nexus, Sandpointe and/or Geneva
Commons in the performance ofthis Agreement and shall not extend to compensation for loss of
future income, profits or assets.
15. NOTICES, DEMAND AND COMMUNICATIONS
Formal notices, demands and communications between the parties shall be sufficiently given if
dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal
offices of the Agency and the Developer as designated below. Such written notices, demands and
communications may be sent in the same manner to such other addresses as either party may from
time to time designate by mail as provided in this section.
City:
City of Santa Ana
Planning and Building Agency
20 Civic Center Plaza, M-20
Santa Ana, CA 92702
Attn: Steve Harding, Executive Director
Phone: (714) 667-2700
Fax: (714) 973-1461
with copy to:
City Attorney
20 Civic Center Plaza, M-29
Santa Ana, California 92702
Agency:
Community Development Agency
City of Santa Ana
20 Civic Center Plaza, M-25
Santa Ana, CA 92702
Attn: Patricia C. Whitaker, Executive Director
Phone: (714) 647-5360
Fax: (714) 647-6549
with copy to:
Agency General Counsel
Community Redevelopment Agency of the
City of Santa Ana
20 Civic Center Plaza, M-29
Santa Ana, California 92702
EXHIBIT D
9
11 A-38
Sandpointe:
Sandpointe Neighborhood Association, Inc.
P.O. Box 27122
Santa Ana, California 92799
Attention: Bob Black
Nexus:
Nexus Development Corporation/Central Division, Inc.
The Grand Plan 2
1 MacArthur Place, Suite 300
Santa Ana, California 92707
Attention: Cory W. Alder
Geneva Commons:
Coastal Rim Properties, Inc.
139 East Alton Avenue
Santa Ana, California 92707
Attention: Franco Mola
A party may change its address by giving notice in writing to the other parties. 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 facsimile, 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 hall be excluded.
EXHIBIT D
10
11A-39
16. EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement shall take effect from and after the date of adoption and approval by the
City and the Agency pursuant to official action ofthe governing bodies thereof and shall be
effective until completion and acceptance ofthe Nexus Improvements and Publicly-Owned
Improvements. If Geneva Commons is approved by the City and Nexus is not, then Geneva
Commons shall take over Nexus' obligations to construct a portion ofthe Nexus Improvements
under this Agreement, but shall be required to (i) meet and confer with the Agency and Sandpointe,
and using the order ofthe Nexus Improvements specified in Exhibit A as a guide, designate which
ofthe Nexus Improvements shall be constructed using Geneva Commons twenty-five percent
(25%) share of the estimated cost of the total Nexus Improvements, and (ii) the parties agree and
acknowledge that all references herein to Nexus shall be deemed to be references to Geneva
Commons. If Nexus is approved and Geneva Commons is not, then Nexus, the Agency and
Sandpointe shall meet and confer in good faith, and using the order of the Nexus Improvements
specified in Exhibit A as a guide, designate which ofthe Nexus Improvements shall be constructed
using Nexus seventy-five percent (75%) share ofthe estimated cost of the total Nexus
Improvements.
17. COMMENCEMENT DATE
For purposes of this Agreement the term "Commencement Date" shall refer to the period
after issuance of City entitlements and shall be deemed to be a date ninety (90) days after the
issuance of entitlements to Nexus and Geneva Commons (whichever comes later). The
Commencement Date shall be tolled should a valid referendum petition be presented challenging
either project, or timely litigation be filed and served challenging any of the entitlements, including
approval pursuant to the California Environmental Quality Act.
18. INTEGRATION
This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto,
and supersedes all negotiations or previous agreement between the parties with respect to all or
any the matters addressed herein. All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the parties, and all amendments hereto must
be in writing and signed by the appropriate authorities of the parties.
19. ASSIGNMENT
Nexus and Geneva Commons shall have the right to transfer or assign this Agreement, in
whole, to any person, entity (public or private), partnership, joint venture, firm or corporation
who is the owner of the real property referenced in the Recital hereto at any time during the term
of this Agreement; provided, however, the rights of Nexus or Geneva Commons under this
Agreement may not be transferred or assigned unless the written consent of the City Council is
first obtained and any transfer or assignment of the rights under this Agreement shall include in
EXHIBIT D
11
11A-40
the City grants written consent to transfer the rights. Nor shall the rights of Nexus or Geneva
Commons hereunder be subject to assignment by attachment, execution, or proceedings under
any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void
and of no force and effect unless such written consent thereto be obtained from the City Council.
Such transfer or assignment shall not relieve Nexus or Geneva Commons of any duty, obligation
or liability to City without the consent of the City.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Nexus
or Geneva Commons contained in this Agreement as such duties and obligations pertain to the
Nexus or Geneva Commons. Any and all approved successors and assignees of Nexus or
Geneva Commons shall have all of the same rights, benefits, duties, obligations, and liabilities of
Nexus or Geneva Commons under this Agreement. If the Property is subdivided, any subdivided
parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for
development by them. Upon assignment or transfer of the rights of Nexus or Geneva Commons
under this Agreement, the obligations of the assignor and the transferee or assignee shall be joint
and several.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
SANDPOINTE NEIGHBORHOOD,
ASSOCIATION, INC.
BY~
Name &g~c.I<
Its C1{4/~tJ .....
NEXUS DEVELOPMENT CORPORATION/
CENTRAL DIVISION, INC.
By
Name
Its
12
11A-41
the City grants written consent to transfer the rights. Nor shall the rights of Nexus or Geneva
Commons hereunder be subject to assignment by attachment, execution, or proceedings under
any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void
and of no force and effect unless such written consent thereto be obtained from the City Council.
Such transfer or assignment shall not relieve Nexus or Geneva Commons of any duty, obligation
or liability to City without the consent of the City.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Nexus
or Geneva Commons contained in this Agreement as such duties and obligations pertain to the
Nexus or Geneva Commons. Any and all approved successors and assignees of Nexus or
Geneva Commons shall have all of the same rights, benefits, duties, obligations, and liabilities of
Nexus or Geneva Commons under this Agreement. If the Property is subdivided, any subdivided
parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for
development by them. Upon assignment or transfer of the rights of Nexus or Geneva Commons
under this Agreement, the obligations of the assignor and the transferee or assignee shall be joint
and several.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
SANDPOINTE NEIGHBORHOOD,
ASSOCIATION, INC.
By
Name
Its
NEXUS DEVELOPMENT CORPORA TIONI
CENTRAL DIVISION, INe.
By
Name
Its
k GLO J..., r--
12
11A-42
ATTEST:
Patricia E. Healy
Clerk of the Council
THE GRAND PLAN 2, LLC
By
Curtis R. Olson
Managing Partner
COASTAL RIM PROPERTIES, INC.
By
Name
Its
4~
THE CITY OF SANTA ANA
By
11A-43
David N. Ream
City Manager
n
ATTEST:
Patricia E. Healy
Secretary of Agency
APPROVED AS TO FORM:
Joseph W. Fletcher
Agency General Counsel
COMMUNITY DEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA
By
Patricia C. Whitaker
Executive Director
EXHIBIT D
14
11A-44
EXHIBIT A
OFF-SITE IMPROVEMENTS
Nexus Improvements
1. Block Wall
a. Main Street between Murphy & Sunflower, and house located at 101 W. Murphy
b. North side of Sunflower between Main & alley adjacent to four plexes, excluding
sections of wall at comer of Main & Sunflower at rear of commercial building
c. Plaster and paint with one color selected by Association
d. $3,000 per house payment for repair/replacement oflandscaping associated with
wall improvements upon execution of Nexus right-of-entry for construction and
exterior-wall maintenance easement. This payment shall be made by Nexus at the
time the individual property owner executes the construction easement in favor of
Nexus and permanent maintenance easement (for the climbing vines) in favor of
the City. For any "hold outs" (as defined in paragraph 6.b. ofthis Agreement,
Nexus shall make the $3,000 payment to Sandpointe in trust for each hold out.
e. Remove and replace 16 sections of white concrete block wall in immediate area of
MacArthur Boulevard and Flower Street, and paint with one color selected by
Association.
f. Remove and replace 4 sections of white concrete block wall along West Alton
Avenue and paint with one color selected by Association.
g. Nexus shall install climbing vines, species identified by the City, along the outer
edge of the wall, install irrigation to feed said climbing vines which shall be
connected and metered by Nexus at the nearest City water supply, and shall
reconstruct the sidewalk to the City's specifications after installation ofthe
irrigation lines and block wall.
h. Wall replacement specifications shall be established pursuant to paragraph 4 of
this Agreement.
1. Nexus shall maintain, and replace as necessary, the climbing vines during a ninety
(90) day plant establishment phase following item no. l.g.
2. Window Replacements
a. Nexus shall provide $3,500 construction allowance per house for sound proof
window replacements for up to 49 residential units located along Main Street and
Sunflower Avenue behind the existing concrete wall to be replaced. The 49
residential units are identified in Exhibit A-I to this Agreement.
b. Nexus shall assist Sandpointe in obtaining/preparing necessary construction bids,
documents and permits.
c. Allowance will be paid by Nexus to Sandpointe for any applicable home upon
receipt of bona fide construction or material invoices.
d. Allowance shall expire 12 months following the completion of the concrete wall
EXHIBIT D
1:'5
11A-45
replacement improvements.
e. Window specifications shall be established pursuant to paragraph 4 of this
Agreement.
3. Taft Elementary Loading Zone
a. Nexus shall construct all improvements necessary to effectuate Definitive
Easement Agreement between Santa Ana Unified School District, Nexus and
South Coast Church.
b. Improvements to loading zone shall include driveway approaches, traffic lanes on
site, striping, church building renovations, portable classroom relocations,
computer lab on school and church properties, etc. as provided for in plans
included as part of Definitive Easement Agreement.
4. Pay City $200,000 for City to implement a Neighborhood Traffic Management
Plan ("NTMP") to mitigate changes in traffic patterns or increased cut through
traffic resulting from the Nexus and Geneva Commons Projects in the Sandpointe
Neighborhood. NTMP costs shall include traffic studies, staff time to process
neighborhood traffic plan, and the construction of appropriate traffic calming
devices, including but not limited to semi-diverters, diagonal diverters, and street
closures. The implementation of the NTMP shall be pursuant to procedures
adopted by the City Council.
5. Nexus shall pay the City the full cost (see Exhibit B) for the installation of a
Traffic Signal at the intersection of MacArthur Boulevard and Birch Street.
Publicly-Owned Improvements
1 Utility Undergrounding
a. Main Street - MacArthur to Sunflower
b. MacArthur - Main to Plower
c. Sunflower - Main to Plower (north side of street)
EXHIBIT D
1()
11A-46
Sin):11! Family Homes:
. I. 101 W. Murphy
2. 3701 S. Alder
3. 3705 S. Alder
4. 3709 S. Alder
5. 3713 S. Alder
6. 3717 S. Alder
7. 3721 S. Alder
8. 3m S. Alder
9. 3729 S. Alder
10. 3801 S. Alder
11. 3805 S. Alder
12. 3809 S. Alder
13. 3813 S. Alder
14. 3817 S. Alrkr
IS. 3821 S. Alder
16. 3825 S. Alder
17. 3829 S. Alder
18. 3901 S. Alder
19. 3905 S. Alder
20. 3909 S. Alder
21. 102 W. SteveN!
22. 106 W. Stevens
23. 110 W. SteVena
24. 114 W. SteVens
25. 118 W. Stevens
26. 122 W. Stevens
27. 2()2 W. Stevens
28. 206 W. SteVens
29. 210 W. Stevens
30. 214 W. Stevens
31. 3926 S. Timber
32. 302 W. SleVens
33. 306 W. SlcvaIs
34. 310 W. Stevens
35. 314 W. Smoens
36. 318 S. Srevens
:n. 3922 S. Birch
I"OQ.-ple:xt....
38. 3925 S. Ross
39. 401 W. Sunflower
40. 405 W. Sunflower
41. 409 W. Sunflower
42. 501 W. Sunflower
43. 505 W. Sunflower
44. S09 W. Sunflower
45. 513 W. Sunflower
Main Attnadion Condominium.
46. 3620 ^ S. Main
47.3632 AS. Moin
48. 3632 B S. Main
49.3632 C S. Main
EXHIBIT A-I
List of 49 Residential Units
List of Eligible Home!l foc
Window Replacements
Along Main lmd Sunflower
(sidell l() Main)
(backs to Main)
(baclcs to Main)
(bacia to Main)
(badcs to Main)
(bades lo Main)
(back.c; to Main)
(bac:lcJ m Main)
(backs tc) Main)
(badc..c; to Main)
(back... to Main
(backs to Main)
~cksto Main)
(hades ta Main)
(backs to Main)
(baclcs to AIdCf")
(backs to Main)
(becks to Main)
(baclcs to Main)
(baclcs to Main)
(backs to Main ll\1d MiniMarket)
(bocks to Mllin and Mini Market)
(bacia to Main and Mini Market)
(backs to Sunflower and Mini Market)
(backs to Sunflower)
(Ncks to Sunflower)
(backs to Sunflower)
(badG to Sunflower)
(backs to Sunflower)
(bJIcIG to Sunflower)
(Aides to Sunflower)
(backs to Sunflower)
(backs to Sunflower)
(badc.c; to Sunflower)
(bacJc, to Sunflower)
o-c:ks [0 Sunflower)
(b8eks to Sunflower)
(Ilides to Sunflower)
(fronts Sunflower)
(/'roots Sunflower)
(fTonts Sunflower)
(fronts Sunflower)
(fronl~ Sunflower)
(front.. Sunflower)
(fronts Sunflower)
(sides to Main)
(fmnts Main)
(fronls Main)
(!Tonts Mllin)
17
11A-47
. ,
EXHIBIT B
SCHEDULE OF NEXUS IMPROVEMENTS
1. Construction of Item No. 1 to Exhibit A shall conform to the following schedule:
a. Preliminary Site Plans - Due within thirty (30) days of the Commencement Date.
c. Final Plans - Due within sixty (60) days of City approval of Preliminary Site
Plans, together with proposed Right-Of-Entry and Maintenance Easement for
review of City and Sandpointe.
d. Building Permits, Construction Right-Of-Entry (in favor of Nexus), and
Permanent Maintenance Easement for Exterior of Wall (in favor of City) -
Application, right of entries and easements shall be submitted no late than sixty
(60) days after City approval of Final Plans.
e. Construction Commencement - Within thirty (30) days after approval of Building
Permits.
f. Construction Complete - Within one hundred twenty (120) days of
commencement of construction.
g. Ninety (90) day plant establishment phase after completion of construction of
climbing vines and irrigation.
2. Construction ofltem No.2 to Exhibit A shall conform to the following schedule:
a. Final building permit plans shall be submitted by individual Sandpointe
homeowners to City no later than construction complete date for item no. 1,
above.
b. Construction shall be complete pursuant within one hundred twenty (120) days of
issuance of City Building Permit.
3. Construction ofltem No.3 to Exhibit A shall conform to the following schedule:
a. Nexus shall submit executed Definitive Easement Agreement to all parties no
later than one hundred eighty (180) days of the Commencement Date. If Nexus
fails to meet this deadline, which may be extended in writing by Nexus and
Sandpointe, then Nexus shall deposit $1.2 million from the Nexus Escrow into a
separate escrow with terms providing for its withdrawal by Sandpointe, which are
mutually agreeable to all parties, for use by Sandpointe on other projects to
benefit the Sandpointe neighborhood.
b. Nexus shall complete this item not later than eighteen (18) months from the
EXHIBIT D
lR
11A-48
Commencement Date.
4. Nexus shall pay City for item no. 4 to Exhibit A not later than approval ofthe first final
map for the Nexus Project. The City shall follow the Neighborhood Traffic Management
Plan Policy adopted by the City Council.
5. Construction ofltem No.5 to Exhibit A shall conform to the following schedule:
a. The City shall provide Nexus with a preliminary estimate of this cost within thirty
(30) days of the Commencement Date. This preliminary estimate shall be updated,
if necessary, upon the City's receipt of Nexus application to final any portion of its
tentative tract map. Said estimate shall be conclusive.
b. Nexus shall pay the City the estimated cost of this item not later than approval of
the first final map for the Nexus Project.
c. The City shall complete construction of this item prior to the first certificate of
occupancy for the Nexus Project.
Any deadline pursuant to this Exhibit C may be extended by mutual written agreement of Nexus
and the City Manager or designee.
EXHIBIT D
19
11 A-49
EXHIBIT C
SCHEDULE FOR PUBLICLY -OWNED IMPROVEMENTS
1. City shall complete item no. 1.a. on Exhibit A of Publicly-Owned Improvements not later
than June 2005.
2. City shall complete item no. 1.b. on Exhibit A of Publicly-Owned Improvements not later
than five (5) years after the Agency provides City with the then estimated cost of the
project.
3. City shall complete item no. l.c. on Exhibit A of Publicly-Owned Improvements not later
than five (5) years after the Agency provides City with the then estimated cost ofthe
proj ect.
Notwithstanding this schedule, City shall make a reasonable good faith effort to effectuate the
completion of these Publicly-Owned Improvements (which, under current law. must be designed
and constructed by Southern California Edison and not the City) prior to the dates specified above.
EXHIBIT D
20
11 A-50
Exhibit "E"
Geneva Commons
Public Improvements
Improvement
Location
New sidewalk
Property frontage on First American Way
New driveway ("pan" style)
First American Way
Dedication for 25' x 25' corner cut-off
NIE corner of MacArthur & Imperial
Promenade
Sidewalk easement
10' along property frontage of MacArthur
Blvd.
Street dedication
60' from street centerline along MacArthur
Blvd.
4" depressed curb
Emergency access on MacArthur Blvd.
Triple-left traffic mitigation measure
Southbound Imperial Promenade at
MacArthur Blvd.
Slurry Seal (including crack repair)
On Imperial Promenade and First American
Way along property frontage from curb to
street centerline
Installation of new public fire hydrants
Along MacArthur Blvd. and First American
Way
K:\Sr. I\lanagement\To Be Fikd\Geneva Commons Public lmprov.doc
11A-51
ORDINANCE NO. NS-2681
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO.
43, PERTAINING TO MACARTHUR PLACE (SD-43) (ZOA
NO. 2004-05)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Zoning Ordinance Amendment No. 2004-05 has been filed with the City of
Santa Ana to amend the Specific Development No. 43 (SD-43) to increase
the allowed residential units to a total of 624, which includes the existing 346
and the proposed 278-unit development.
B. On January 4, 1988, the City Council created Specific Development No. 43
(NS-1941).
C. The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on November 22, 2004, and by a vote of 5:0 (De La Torre
and Sinclair absent) voted to recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2002-215.
2. Adopt an ordinance approving Development Agreement No. 2004-03.
3. Adopt an ordinance approving Zoning Ordinance Amendment No.
2004-05.
4. Adopt a resolution approving Conditional Use Permit No. 2004-24
as conditioned.
5. Adopt a resolution approving Tentative Tract Map No. 2004-05 as
cond itioned.
6. Adopt a resolution approving Variance No. 2004-11 as conditioned.
7. Adopt a resolution approving Site Plan Review No. 2004-06 as
cond itioned.
D. MacArthur Place (SD-43) original concept was to encourage the "village"
concept. The proposed amendments to SD-43 will allow additional
residential units to be constructed to exceed the 400 residential units
originally permitted in MacArthur Place.
E. Zoning Ordinance Amendment No. 2004-05 is consistent with the General
Plan, including but not limited to its goals and policies to:
Ordinance No. NS- 2681
Page 1 of 3
11A-52
1. Support high density residential development within the City's District
Centers as apart of master-planned mixed use development. Land
Use Element Policy 1.2.
2. Target areas in the City for the creation of new housing units and
opportunities for all segments of the community. Housing Element
Policy 4.1.
3. Encourage a balance of land uses that promote livable communities.
Housing Element Policy 6.2.
F. Zoning Ordinance Amendment No. 2004-05 is hereby found and determined
to be consistent with the General Plan of the City of Santa Ana and
otherwise justified by the public necessity, convenience, and general
welfare.
G. The Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2002-215, was approved and adopted by
resolution which came before the City Council on April 4, 2005. This
ordinance incorporates by reference, as though fully set forth herein, this
resolution and the Mitigated Negative Declaration and Mitigation
Monitoring Program.
Section 2. Specific Development No. 43 (SD-43) is hereby amended as set forth
in Exhibit "A", attached hereto and incorporated as though fully set forth herein.
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 anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of April, 2005.
Miguel A. Pulido
Mayor
Ordinance No. NS- 2681
Page 2 of 5
11 A-53
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Council members
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2681 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- 2681
Page 3 of 3
11 A-54
III. MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY
A. MAXIMUM DENSITIES
The maximum authorized building densities/intensities for the MacArthur Place District Center are
as follows:
1. 4,051,000 square feet of Floor Area of office/commercial use; plus
2. 624 residential units;
3. The maximum office/commercial density with no residential use is 4,175,000 square
feet of Floor Area.
The maximum densities can be converted or exchanged as follows:
a. 1,000 square feet of Floor Area for office space can be converted into and
exchanged for 2 hotel rooms (common areas in hotels are not calculated in the
determination of maximum densities).
b. 1,000 square feet of Floor Area of office space can be converted into and
exchanged for 3.23 residential units.
c. 1,000 square feet of Floor Area of office can be exchanged for 280 square feet of
retail commercial.
Parking structures are not included in the calculation of Floor Area.
The MacArthur Place District Center will be developed contingent on the installation of major
infrastructure improvements as set forth in the EIR. The applicable infrastructure improvements
corresponding to each phase of development within the MacArthur Place District Center are
required to be substantially completed as follows:
(i) With respect to the first phase of the Development, fifty percent (50%) of all applicable
first phase off-site improvements set forth in Section 2.4 and Table 1 of the EIR shall
be completed prior to the issuance of any tenancy occupancy permits with respect to the
last building to be constructed in such phase, and the remainder of all first phase off-
site improvements shall be completed not later than one year following the date of
issuance of such tenant occupancy permit. Notwithstanding the foregoing, as a
condition to such one-year extension of the obligation to complete such first phase off-
site improvements, Developer shall deliver to City sufficient security to ensure the
completion of the remaining first phase off-site improvements within such one-year
period;
5
Ordinance No. NS- 2681
Page 4 of 5
11 A-55
2. No refuse collection areas shall be permitted between a frontage street and the building
line.
H. Telephone and Electrical Service
All "on site" electrical lines and telephone lines shall be placed underground.
Transformers or terminal equipment shall be visually screened from view from streets and
adjacent properties.
RESIDENTIAL
A. Buildine Heiehts
Building heights shall be as designated
Office/Commercial/Retail Hotel designation.
III the
Professional/Building
B. Permitted Density
Maximum density shall not exceed the 624 dwelling units for the entire MacArthur Place
District Center.
C. Minimum Lot Area
None.
D. Minimim Lot Width
None.
E. Usable Open Space
Ground level open space must be provided within 500 feet of any residential unit on the site
at a rate of 250 square feet of area for each unit. Such usable open space shall be divided
between common and private open space. Private and open space shall be required to be
provided for each unit at a rate of no less than ninety (90) square feet of the total open
space required.
F. Yard Requirements
Refer to setbacks for Professional and Business Offices/Commercial/Retail/Hotel.
G. Maximum Lot Coverage
None; provided, however, minimum setbacks complying with requirements of this Specific
Development Plan shall be required.
16
Exhibit "A"
11 A-56
CITY COUNCIL c:OMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
February 15, 2005
CALL TO ORDER
The meeting convened at 5:53 p.m. in Room 831 of City Hall.
ATTENDANCE
The following Councilmembers were present: Lisa Bist (Via teleconference), Alberta Christy and
Carlos Bustamante
Staff present were: Jim Ross, Executive Director/Public Works Agency; Kenneth Adams,
Assistant Director/Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney;
George Alvarez, City Engineer; David Biondolillo, Transportation Analyst; and Mary Gonzales,
Projects Manager.
AGENDA ITEMS
1. APPROVAL OF MINUTES - Approved by a vote of 3:0
A. September 28, 2004 Adjourned Meeting
B. October 26, 2004 Meeting Cancelled
2. BANNERS ALONG HUTTON CENTRE
Mary Gonzales requested that the item be officially tabled since the applicant has
formally withdrawn their proposal to move forward with the banner program. No reason
was given by the applicant. Item was tabled by acclimation.
3. LOCOMOTIVE HORNS AND QUIET ZONES
Jim Ross gave an overview of the safety issue concerns raised by the use of passenger
and freight trains horns in urban areas from the national and state perspective. He cited
safety as the paramount concern of the federal transportation agency at all at-grade
crossings of train tracks, public streets and roads particularly in urban areas.
David Biondolillo provided technical backup to highlight the federal proposal to
implement quiet zones and he informed the committee the specific technical
requirements have to be determined. He informed the committee that a federal EIR and
a CalTrans EIR were being undertaken to evaluate safety issues in the Los Angeles -
San Diego Train corridor.
George Alvarez spoke briefly on the passenger train safety issues that were being
addressed at the Orange County Transit Authority.
The committee members asked several questions to clarify technical issues and
received and filed the information received from staff.
138-1
4. PUBLIC COMMENTS
Debbie McEwen requested the committee agendize a discussion on the staffing issues
related to community preservation.
Julie Stroud informed the committee that she was concerned with the direction of the
MainPlace Mall.
5. COMMITTEE MEMBER COMMENTS
Mayor Pro Tern Bist asked a desire to get back to more consistent meeting schedule
and requested that a March meeting be agendized.
Council member Christy asked that staff agendize the issue of illegal garage conversions
throughout the city and requested the community preservation staff issues be brought
forth at a later date.
6. ITEMS FOR NEXT MEETING
The committee members agreed the next meeting be held on March 22 with following
agenda items:
A. Update on Permit Parking
B. Update on the Vending Truck Ordinance and Phase II Ordinance Plan
7. NEXT MEETING DATE: Tuesday, March 22,2005
ADJOURNMENT - 6:55 P.M.
-~~~
Kenneth Adams
Assistant Director!
Planning & Building Agency
S:Council CommINlCE CClNICE Minutes 02-1!Hl5
Neighborhood ImprovemeriUCode
Enforcement Council Committee Minutes
2
February 15, 2005
138-2
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
February 16, 2005
CALL TO ORDER
The meeting convened at 6:00 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California.
ATTENDANCE
City Council Committee members present: Council member Jose Solorio and
Councilmember Claudia Alvarez. Council member Lisa Bist by telephone.
Staff members present: City Manager, Dave Ream, Community Development Agency
Executive Director Patricia C. Whitaker, Planning and Building Agency Executive
Director Steve Harding, Planning Manager Jay Trevino, Chief Assistant City Attorney
Benjamin Kaufman, Senior Planner Sergio Klotz, Community Preservation Inspector
Alvaro Nunez, Downtown Development Manager Matthew Lamb and Redevelopment
Assistant, Danell Mercado.
Community members present: Tim Rush
AGENDA ITEMS
1. APPROVAL OF MINUTES - January 19, 2005
Action:
The minutes were approved 3:0
2. PROPOSED CODE ENFORCEMENT ACTIONS
Maintenance complaints were given to 1315 and 1601 N. Main Street.
Illegal vendors were cited on South Main and Downtown for Valentine Day sales.
The awnings at the Otis Building are in compliance. Building owner indicated to
staff, if planning will approve rod iron treatment on the windows, they would like
the bus stop moved to its original location.
138-3
Code Enforcement continues to work on businesses that have signage that
doesn't match their business name in Downtown.
3. SPURGEON BUILDING
Code Enforcement completed a thorough report on the building inspections. A
notice of violation was issued on 1-28-05 and mailed to the property owner. The
property owner has 60 days to comply with a 30-day extension if requested.
4. S. MAIN STREET STEAM CLEANING & BANNER COSTS
Staff presented cost for steam cleaning colored sidewalks from 1 st to Edinger.
Committee requested quarterly cleaning to be budgeted for the 05/06 fiscal year.
Staff presented cost for street light banners on Main Street. Committee desires
the Merchants Association to pay for a majority of the cost to introduce a banner
program on South Main Street.
5. PROJECT UPDATES
a) SWC First and Main Streets - Oriqinal Mike's -
Signage is in compliance. Certificate of Occupancy (CofO) for the restaurant
has been issued with the CofO for the apartments close to issuance.
b) City Place-
Item going to council on February 22, 2005.
c) YMCA-
Both developers have resubmitted proposals. Urban West Strategies
proposal changed slightly from rental units to for sale units. Keyser Marston
has reviewed both proposals and recommends ABCO. The item will go to
closed session on March 7.
d) Court of Appeals-
No update presented.
City Council Committee on Main
Street Development'- Minutes
2
February 16, 2005
138-4
e) 4th Street Pushcart Status -
Staff is completing final set of specifications. Specification will be sent to
vendor cart attorney for their approval. If approved, item will go to closed
session in March.
f) Sav-On Lofts -
Lofts received approval from Planning. Large mailbox in right of way will be
removed and mailboxes will be placed on each door.
6. PUBLIC COMMENTS -
Tim Rush requested information on city funds used, if any, for the property
owner. Staff responded that no subsidy was given to the property owner for the
Surgeon Building. Rush recommended Code Enforcement call owner and
engage him to assist in getting the work completed prior to next step on notice of
violation.
MEETING RECESSED - The meeting was recessed at 6:28 p.m. to Special
Meeting.
MEETING RECONVENED - The meeting was reconvened at 6:55 p.m.
7. COMMITTEE MEMBER COMMENTS-
No comments
8. ITEMS FOR FUTURE MEETINGS
a. Spurgeon Building
b. Land and property uses to support downtown
c. Billboard at railroad tracks on South Main
d. Say-On (1st & Main) windows open on Main Street
City Council Committee on Main
Street Development ~ Minutes
3
February 16, 2005
138-5
9. NEXT MEETING - March 16, 2005
ADJOURNMENT - The meeting was adjourned at 7:00 p.m. to March 16, 2005.
Patricia C. Whitaker
Recording Secretary
Community Development Agency
PCW /If
City Council Committee on Main
Street Development" - Minutes
4
February 16, 2005
138-6
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
SPECIAL MEETING
MINUTES
February 16, 2005
CALL TO ORDER
The meeting convened at 6:28 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California from Regular Meeting.
ATTENDANCE
City Council Committee members present: Council member Jose Solorio and
Councjlmember Claudia Alvarez. Council member Lisa Bist by telephone.
Staff members present: City Manager, Dave Ream, Community Development Agency
Executive Director Patricia C. Whitaker, Planning and Building Agency Executive
Director Steve Harding, Planning Manager Jay Trevino, Chief Assistant City Attorney
Benjamin Kaufman, Senior Planner Sergio Klotz, Community Preservation Inspector
Alvaro Nunez, Downtown Development Manager Matthew Lamb and Redevelopment
Assistant, Danell Mercado.
Community members present: Tim Rush
AGENDA ITEMS
1. land and property uses to support downtown residential
Committee requested a discussion concerning retail amenities in the downtown
for new residential component. Are there enough amenities to support the
residential units? What is the 5-year plan? Discussion ensued between staff
and committee.
NMENT - The meeting was adjourned at 6:55 p.m. to Regular Meeting.
/./ A
Patncia C. itaker
Recording Secretary
Community Development Agency
PCW /If
138-7
138-8
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
APPOINTMENT OF MEMBERS TO THE
SANTA ANA WORKFORCE INVESTMENT
BOARD
a~C2-
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Appoint Diana Yegge and Dr. Erlinda Martinez to the Santa Ana Workforce
Investment Board.
DISCUSSION
On March 6, 2000, the City Council adopted a resolution establishing the
Santa Ana Workforce Investment Board and appointed 33 members. In
accordance with the federal legislation, a majority of the Board and the
Board Chair must come from the private sector. The remaining Board seats
represent education, non-profit organizations, one-stop mandated partners
and local labor organizations.
Currently there are five vacancies on the
private sector seats, one labor seat, and
After an extensive recruitment campaign and
candidates are recommended for appointment to
Board consisting of three
one higher education seat.
interview process, two new
the Board.
The private sector nominee is Diana Yegge, General Manager, Target, Santa
Ana store. Her resume and nomination form are attached (Exhibit 1).
Dr. Erlinda Martinez, the newly appointed President of Santa Ana College,
was nominated to fill the higher education vacancy. The nomination letter
and a press release announcing her appointment as the college president
are attached (Exhibit 2). Staff will continue to work to fill the
remaining three vacancies on the Board.
13C-1
Appointment of Members to the Santa Ana
Workforce Investment Board
April 18, 2005
Page 2
FISCAL IMPACT
There~f~~~ociated with this action.
patricia C. Whitaker
Executive Director
Community Development Agency
PCW/FJ/mlr
H:\ACTIONS\2005 CC\ApptmtMernberstoSAWorkforcelnvestBoard 4-18-05.doc
13C-2
Diana Yegge
Target
1441 W. 1 ih Street
Santa Ana, CA 92706
Phone: (714) 481-0030
Fax: (714) 481-0030
Email: T1936.STL(iuTarget.com
Miss Diana Yegge is the General Manager for Target's newest store in Santa Ana. Prior
to coming to this new store, Miss Yegge managed the store located on Bristol and
MacArthur for four years. Miss Yegge is in charge of day-to-day operations of the store,
as well as recruitment for executive level positions for all Target stores in Santa Ana, and
9 other stores in the Orange County area. Miss Yegge has worked for Target for a total
of 17 years.
Due to her extensive experience in the retail sector, Miss Yegge is very knowledgeable of
the local workforce, and its employment needs. One of the direct benefits she sees in
joining the Santa Ana WIB is to keep the Target stores in Santa Ana properly staffed.
She hopes to achieve a mutual partnership with the Santa Ana W /O/R!K Center to
achieve this goal. Miss Yegge is also looking forward to meet and network with other
members of the Board.
Miss Yegge is very interested in joining the Santa Ana Workforce Investment Board.
She is aware of the many challenges present in our local community, particularly those
that relate to employment issues. Miss Yegge hopes that by joining the board she can
contribute to the betterment of the City of Santa Ana and its employment base.
EXHIBIT 1
Page 1 of 2
13C-3
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Page 2 of 2 E
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13C-4
_~ RANCHO SANTIAGO
~ COMMUNITY COLLEGE DISTRICT
Santa Ana College. Santiago Canyon College
2323 North Broadway
Sonia Ana, California
92706 - 1 640
(714) 480-7300
March 11, 2005
Mr. John Dietz
Chairman
Santa Ana Workforce Investment Board
P.O. Box 1988, M73
Santa Ana, CA 92702-1988
Dear Mr. Dietz:
I would like to nominate Dr. Erlinda Martinez, President of Santa Ana College, to fill the vacant
public education seat on the Santa Ana Workforce Investment Board.
As you know, the President of Santa Ana College has served on the former Private Industry Council
and more recently the Workforce Investment Board for many years. I know that Dr. Martinez will
do an excellent job representing the college and our district.
I understand that you have already received information regarding Dr. Martinez's education and
experience, but if you require any additional information, please don't hesitate to contact me.
cc:
Fran Jutzi, City of Santa Ana
Board of Trustees
EXHIBIT 2
Alfredo M. Amezcua, J.D. . R. David Chapel, EdD. . Brian E. Conley, M.A . John R. Hanna. Lawrence R. "Larry" Labrodo . Lisa Woolery. Phillip E. Yarbrough
Chancel/or
Edward Hernandez, Jr., Ed.D.
13C-5
~ RANCHO
SANTIAGO COMMUNITY COLLEGE DISTRICT
NEWS
RELEAS
Contact:
Joan Barnes
Executive Director, Public Affairs
& Governmental Relations Dept.
(714) 480-7500
barnes joan(a)l"sccd.org
February 7, 2005
FOR 1M MEDIA TE RELEASE
Phone:
e-mail:
Rancho Santiago CCD names Dr. Erlinda Martinez president
(Santa Ana)-Erlinda Martinez, Ed.D., has been named president of Santa Ana College. As
leader of the 90-year-old institution, she will guide its development as a flagship community
college in Southem California. Reporting to the community college district chancellor, her
responsibilities include planning, organizing, and implementing educational policy and
procedures to develop curriculum and student support services, budget management, and leading
the institution's fund development efforts. An Orange County resident, she will begin work at the
college on March 14.
Since 1995, Dr. Martinez has served as vice president for student services/
assistant superintendent for Cerritos College in Norwalk, California. During this period, she was
instrumental in developing the college's master plan and successful passage of a general
obligation bond measure. Under her leadership, the college created a new gathering center for the
campus including an amphitheater, and streamlined student registration processes.
"We feel Dr. Martinez is an outstanding selection, the best choice among the high-caliber
candidates we interviewed," said Edward Hernandez, Ed.D., district chancellor. "She comes to
us with outstanding praise for her work and deep experience in student services leadership and
college finance," he noted.
"Santa Ana College has a long tradition of being attuned to this community and as a
catalyst for its civic, social and economic development," said Brian Conley, district board
president. "The board believes President Martinez is the right leader needed to guide its
continued contributions to the educational needs in our community," he stated.
Before joining Cerritos College, Dr. Martinez was administrative dean and dean of
students for Mission College in Santa Clara for nine years. Prior to this, she served as director of
student affairs for E1 Camino College in Torrance, California.
(MORE)
EXHIBIT 2
District Office
2323 North Broadway
Santa Ana, CA 92706 - 1640
(714) 480-7500 Tel (714) 796-3900 Fax
Santa Ana College
Santiago Canyon College
13C-6
Page 2-2-2
Earning a doctorate in education from the University of Southern California, Dr.
Martinez' master's degree in counselor education was awarded by California State University,
Los Angeles. She received a bachelor's degree in sociology from the University of California at
Riverside.
Among her professional activities are membership on the Board of Governors for City
University in Bellevue, Washington; and service on the legislative and finance commission for
the Association of California Community College Administrators. She has been recognized for
her professional and civic contributions by the National Council on Student Development and the
Greater Lakewood Chamber of Commerce.
Santa Ana College, located on a 63-acre campus at 17th and Bristol, was established in
1915 as an upward extension of Santa Ana High School. It currently serves about 22,500
students, three-quarters of whom attend classes at the main campus and the balance attending
courses in its satellite continuing education centers. The college is California's second highest
producer of minority graduates, ranking seventh nationally in this category.
Santa Ana College and Santiago Canyon College are public community colleges of
Rancho Santiago Community College District, which serves the residents of Anaheim Hills,
Garden Grove, Irvine, Orange, Santa Ana, Tustin and Villa Park. Both colleges provide
education for academic transfer and careers, courses for personal and professional development,
and customized training for business and industry.
-30-
Erlinda Martinez, Ed.D.
EXHIBIT 2
District Office
2323 North Broadway
Santa Ana, CA 92706 - 1640
(714) 480-7500 Tel (714) 796-3900 Fax
Santa Ana College
Santiago Canyon College
13C-7
13C-8
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
, ~)
. .. ~~/l ,jUCL-
CI MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
BOARDS AND COMMISSIONS BIANNUAL
ATTENDANCE REPORT OCTOBER 2004
THROUGH MARCH 2005
CONTINUED TO
---
FILE NUMBER
RECOMMENDED ACTION
Receive and file Boards and Commissions Biannual Attendance Report.
DISCUSSION
The Boards
inform the
meetings.
and Commissions Attendance Report is
Council regarding member attendance
prepared biannually to
at Board or Commission
Pursuant to Council policy, the City Council may remove board or commission
members who incur four unexcused absences wi thin the six-month reporting
period. Additionally, City Charter Section 901 provides that three
consecutive unexcused absences would result in the vacation of a board or
commission position.
Examination of the attendance reports revealed that no current members have
exceeded the limits for permitted absences. Therefore, the only action
required is to receive and file the report.
FISCAL IMPACT
There is no fiscal impact associated with this action.
/
~~
Patricia E. Healy
Clerk of the Council
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o
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
APPROPRIATION ADJUSTMENT
FOR ADDITIONAL WORKFORCE
INVESTMENT ACT FUNDS
~r2~-
C TV MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an Appropriation Adjustment accepting State of California
Workforce Investment Act (WIA) funds in the amount of $92,555 into revenue
account (account no. 123-01-5350) and appropriate the same to various
expenditure accounts (account nos. 123-147-6221, 123-157-6221, and 123-156
various) for WIA related programs.
DISCUSSION
The State of California has awarded $89,064 in Workforce Investment Act
(WIA) funds for the 2004-05 Rapid Response program, which provides funding
to provide assistance ~o companies within Santa Ana who are downsizing or
closing their facilities. These funds will be used to provide services
through the One-Stop Center including information and outplacement,
transitional services for employers and laid-off workers, financial
packages and options to be considered by the affected workers and
information on training opportunities.
The State also provides WIA Incentive Award funds to local areas for
exemplary performance in meeting their performance goals. The Santa Ana
Workforce Investment Board (WIB) has been awarded two Incentive Awards,
totaling $3,493, for exceeding performance goals for the past two fiscal
years. These funds will be used to cover WIB administrative expenses such
as orientation sessions, on-going technical assistance, and capacity
building.
20A-1
WIA Appropriation Adjustment
April 18, 2005
Page 2
FISCAL IMPACT
The appropriation adjustment will enhance the Workforce Investment Act
revenue account (account no. 123-01-5350) by $92,555 and various WIA
expenditure accounts (account nos. 123-147-6221, 123-157-6221, and 123-156
various) .
APPROVED AS TO FUNDS AND ACCOUNTS:
patricia C. itaker
Executive Director
Community Development Agency
~~'M.~~~':: . .
Francisco Gutierrez /. j
Executive Director ~
Finance & Management Services Agency
PCW/LM/TG/mlr
H:\ACTIONS\2005 CC\WIA AAl 4-18-05.doc
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
CONTRACT AMENDMENT FOR
LANDSCAPE MAINTENANCE AT
VARIOUS CITY PARKS
(SPEC. NO.03-094)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
/ ---j .// )-.
, / /
/ .',
/h_z,-/rJ GZ~
'CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Amend the contract with DMS Landscape Services to clarify responsibilities
related to landscape and grounds maintenance, and increase the contract by
$56,000 for a total not to exceed $485,840.
DISCUSSION
At its meeting of December 1, 2003, the City Council awarded a contract to
DMS Landscape Services for landscape and grounds maintenance at various
City parks for a period of two years. In addition to the base contract of
$429,840, the contract also allows for a 10 percent ($42,984) contingency.
The recommended action will approve the contingency amount and an
additional $13,016 to pay for work associated with winter rain and wind
related damages. This amount will cover the cost of work performed during
the course of the contract and anticipated before the June 30, 2005
termination date.
The amendment will terminate the existing contract on June 30, 2005. In
addition, the amendment modifies the indemnification and additional insured
endorsement language to clarify the roles of the City and DMS related to
park safety inspections. A request for proposal process for a new park
landscape and grounds maintenance agreement is underway and a new agreement
will take effect July 1, 2005.
22A-1
Contract Amendment for Landscape Maintenance
at Various City Parks
April 18, 2005
Page 2
FISCAL IMPACT
Funds are available in the Park Services contact services account (account
no. 11-250-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
/u~c~
Gerardo Mou
Executive D rector
Parks, Recreation and
Community Services Agency
:;\\\)~~~ r- .. '> ~ .~-; ~
Francisco Gutierrez
Executive Director
Finance and Management Svcs. Agency
22A-2
CITY COUNCIL MEETING DATE:
a
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
RENEW SERVICE AGREEMENT FOR
SOFTw.ARE MAINTENANCE,
NORTHROP GRUMMAN PUBLIC
SAFETY! lNC 0;2-
l/~L-vfJ (;2",-
CITY MANAGER
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an amendment to the agreement with
Northrop Grumman Public Safety, Inc. to provide basic software maintenance
and support for patrol officers' laptop computers in an amount not to
exceed $52,000.
DISCUSSION
In 1997, the Police Department was awarded a federal "COPS MORE" grant to
purchase laptop computers for patrol officers. The Northrop Grumman Public
Safety, Inc. (PSI) automated field reporting software enables these
computers to link with the Police Department's Computer Aided Dispatch
(CAD) system. This link permits the laptops to send and receive messages,
calls for service, emergency traffic, and information regarding wants and
warrants. Addi tionally, the software allows officers to complete their
police reports on their laptops while still in the field. The PSI software
is proprietary and can only be serviced by Northrop Grumman. The one-year
service renewal agreement will provide maintenance, upgrades, and support
for the software.
FISCAL IMPACT
Funds are available in the
Contractual Services account
Police Department's Computer Systems Other
(account no. 011-338-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~2~~ ~.
'\ ~~\' '\. ~ ~, ~-\- LJ _
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
IV
Paul M. Walters
Chief of Police
Police Department
Agency
25A-1
25A-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
As Recommended
As Amended
Ordinance on 151 Reading
Ordinance on 2nd Reading
Implementing Resolution
Set Public Hearing For
AGREEMENT WITH CROWS FUTBOL
CLUB TO MANAGE AND OPERATE
THE SANTA ANA SOCCER PLAYER
DEVELOPMENT ACADEMY
aAt2--~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute a five-year agreement with Crows Futbol
Club to manage and operate the Santa Ana Soccer Player Development Academy,
with a provision for one five-year extension.
DISCUSSION
The Parks, Recreation and Community Services Agency and Crows Futbol Club
have partnered to develop the Santa Ana Soccer Player Development Academy.
The program's primary goal is to help youth soccer athletes develop skills
that will prepare them for higher-level collegiate play and scholarship
opportunities. There are approximately 8,500 youth soccer players that
regularly play organized games on City fields. The Santa Ana Soccer Player
Development Academy will identify 100-120 of the most talented youth
players to participate in the program. The Santa Ana Player Development
Academy will be comprised of at least 85 percent of players who are
residents of Santa Ana or attend school within the Santa Ana Unified School
District.
Through the program, Crows Futbol Club will provide professional coaching
and educational incentives to talented, underprivileged Santa Ana youth
soccer players. In addition, Crows Futbol Club will be responsible for all
league registration fees, tournament fees and any other player
participation fees. The City will provide access to the Dan Young Soccer
Complex synthetic youth field and co-sponsor the field reservation fees.
Crows Futbol Club is expected to provide competitive playing opportunities
to the most talented youth soccer players in Santa Ana.
258-1
Agreement with Crows Futbol Club
April 18, 2005
Page 2
Crows Futbol Club was established in 1999 and competes in Coast Soccer
League, one of the most competitive and respected soccer leagues in the
United States. Crows Futbol Club founder Mr. David Zimmerman is a former
European professional soccer player turned coach. Mr. Zimmerman has
coached soccer for over 30 years and holds a soccer coaches license from
the United States Soccer Federation (U.S.S.F.). Mr. Zimmerman will manage
the program and only employ well-qualified U. S. S. F. licensed coaches to
develop youth soccer players participating in the Santa Ana Soccer Player
Development Academy.
FISCAL IMPACT
There is no fiscal impact associated with action.
~
Gerardo Mouet
Executive Direc or
Parks, Recreation and
Community Services Agency
258-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
AGREEMENT WITH COUNTY OF
ORANGE SOCIAL SERVICES
AGENCY FOR WELFARE-TO-WORK
EMPLOYMENT SERVICES PROGRAMS
C--/6)a___
CITY MANAGER
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with the County of
Orange Social Services Agency to accept funding in the amount of $497,671
for a Community Services Program and a Work Experience Program to be
operated by the Santa Ana W/O/R/K Center.
DISCUSSION
For the past four years, the Santa Ana W/O/R/K Center has received
funding from the County of Orange Social Services Agency to operate a
Community Services Program (CSP). The Social Services Agency (SSA) has
awarded the W/O/R/K Center $78,911 to continue providing services to
CalWORKs recipients who have reached their maximum time limit on public
assistance and remain unemployed. For the past two years, SSA has funded
a work experience program to provide subsidized employment to CalWORKs
participants. SSA has awarded the W/O/R/K Center $418,760 to continue
the Work Experience Program. This program will assist CalWORKs
participants to develop skills that will enable them to find and retain
stable employment. Both of these programs have been very successful and
staff recommends that they be continued.
25C-1
Agreement with County of Orange
SSA for Welfare-to-Work Employment
Services Programs
April 18, 2005
Page 2
FISCAL IMPACT
Funds for this agreement will be available upon approval of the 2005-06
Ci ty budget in the SSA Community Service Program account (account no.
124-323-various) and the SSA Work Experience Program account (account no.
124-324-various) .
v~ tlJ~
APPROVED AS TO FUNDS AND ACCOUNTS:
patricia C. Whitaker
Executive Director
Community Development Agency
':\~~~\~~~ \\~.~.-)
Franci~co G~tierrez~ ,t:./
Executlve Dlrector r~
Finance & Management Services Agency
PCW/LM/mlr
H:\ACTIONS\2005 CC\Agree w-oc SSA WelfaretoWorkEmpProgs 2005-06 4-18-05.doc
25C-2
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
APRIL 18, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR MARKETING
SERVICES FOR SANTA ANA
INTERAGENCY PEDESTRIAN SAFETY
PROGRAM (PROJECT NO. 05-5007)
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the
the Clerk of the Council to execute an agreement
Associates, Inc. to provide marketing services for
pedestrian Safety Program, in the amount not to exceed
option to extend the agreements for one additional year.
Ci ty Manager and
with Maricich &
the Interagency
$99,560, with an
DISCUSSION
In September 2004, the City was awarded $350,000 in grant funding for a
Santa Ana Interagency pedestrian Safety Program. As part of this grant
funded project, a pedestrian safety educational outreach campaign
targeting children and senior citizens will be conducted. A marketing
consultant is needed to oversee this effort.
A Request for Proposals (RFP) for marketing services was mailed out on
December 9, 2004 to five qualified consulting firms. Two more
consultants picked up copies of the RFP from City Hall. The proposals
were due on January 4, 2005. However, the due date was extended to
February 8, 2005 since no consultant submitted a proposal by January 4,
2005. One of the firms was based in Santa Ana. Only one of the seven
consultants submitted a proposal.
The proposal was reviewed by a three-member committee comprised of
Public Works Agency staff. The rating was based on experience,
qualifications, project understanding, scheduling, past performance, and
the overall proposal. Once rated, the sealed bid of the firm was
opened.
250-1
Agreement for Marketing Services For
Santa Ana Interagency Pedestrian Safety Program
April 18, 2005
Page 2
The proposal score and total cost are:
FIRM
1. Maricich & Associates, Inc.
AVERAGE
SCORE
89
COST
$ 99,560
It is recommended that Maricich & Associates, Inc. be retained for an
amount not to exceed $99,560 for marketing services. The contract will
include an option to extend the agreement for one additional year.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The total cost of the agreement is not to exceed $99,560 per year.
Funds in the amount of $50,000 are available in the Office of Safety
Grant-Pedestrian Safety fund (account no. 165-338-6291). The remaining
grant monies in the amount of $49,560 will be received in Fiscal Year
2005-2006.
---
I C
~~
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ross
Executive Director
Public Works Agency
'"::\ \\~K\~ '" ~ ~.~ ~--J
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
/J
(4
250-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
APRIL 18, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
AGREEMENTS WITH INTERGRAPH
FOR COMPUTER SOFTWARE AND
HARDWARE MAINTENANCE
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute two agreements with Intergraph Inc.
for computer software and hardware maintenance for the Public Works Agency
in amounts not-to-exceed $43,000 for software maintenance and $12,000 for
hardware maintenance each year. The term of both agreements shall be for
one year with an option to renew for one additional year.
DISCUSSION
The Public Works Agency uses Intergraph software and hardware for design
of the City's infrastructure and for the Geographic Information System.
The City has annual agreements with Intergraph to provide software
maintenance and updates, as well as hardware maintenance and repair.
The current agreements with Intergraph will expire in May. New
agreements for one year are proposed, with an option to renew for one
additional year upon approval of the Executive Director of the Public
Works Agency, in amounts not to exceed $55,000 each year.
FISCAL IMPACT
Payments on these agreements are due quarterly, with the first coming due
next July. Funds for the agreements will be included in the proposed FY
05-06 budget in the Public Works account for maintenance and repair to
machinery and equipment (account no. 101-601-6281).
APPROVED AS TO FUNDS AND ACCOUNTS:
tA-~
t James G. Ross
Executive Director
Public Works Agency
~~P-~~~ ~ ') ~ J\:-
Francisco Gutierrez
Executive Director
Finance & Mngt. Services Agency
~/?
~r
25E-1
25E-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
D As Recommended
D As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
ORANGE COUNTY DIVISION
LEAGUE OF CALIFORNIA
CITIES ANNUAL DUES
~(L-
FILE NUMBER
RECOMMENDED ACTION
Authorize the City of Santa Ana's membership with the Orange County
Division of the League of California Cities in the amount of $43,486.
DISCUSSION
The Orange County Division of the League of California Cities represents
the interests of cities in Orange County. The Division monitors local and
state legislative issues, educates councilmembers and staff on legislative
and policy matters of interest, and serves as the City Selection Committee
for local appointments on various boards and commissions. The membership
dues are determined on a per capita basis, and the dues for calendar year
2005 are $43,486.
FISCAL IMPACT
Funds for this membership are available in the Council Legislative
account for membership services (account no. 11-011-6251).
APPROVED AS TO FUNDS AND ACCOUNTS:
':{-\\t'l\'\\l' 0 ';:.J. -, ~-t
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
29A-1
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
TENTATIVE PARCEL MAP NO. 2005-01
TO SUBDIVIDE AN EXISTING PARCEL
INTO TWO LOTS AT 1939 SOUTH SUSAN
STREET - KELLER AND BARRE
ASSOCIATES, APPLICANT
f2U;cZ-
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
/If. /...
FILE NUMBER
-
RECOMMENDED ACTION
Confirm the Zoning Administrator's action approving Tentative Parcel Map
No. 2005-01 (County Map No. 2004-288) as conditioned.
ZONING ADMINISTRATOR ACTION
On March 23, 2005, the Zoning Administrator adopted a resolution
approving Tentative Parcel Map 2005-01 (County Map No. 2004-288) as
conditioned to allow the subdivision of an existing parcel in the Light
Industrial (M1) zoning district into two parcels at 1939 South Susan
Street. The Zoning Administrator made no changes to the recommended
conditions of approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
St1!!zfig
Executive Director
Planning & Building Agency
AN:rb
an\plancomm\tpm05-01.CC
31A-1
REQUEST FOR
Zoning Administrator Action
~
~
PLANNING COMMISSION SECRETARY
ZONING ADMINISTRATOR MEETING DATE:
MARCH 23, 2005
TITLE:
PUBLIC HEARING - FILED BY KELLER AND
BARRE' ASSOCIATES FOR TENTATIVE PARCEL
MAP NO. 2005-01 TO SUBDIVIDE AN EXISTING
PARCEL INTO TWO LOTS AT 1939 SOUTH SUSAN
STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Ann Hsin-An Ni
J(~ -I-4~~~ ~
Planning M nager
RECOMMENDED ACTION
Adopt a resolution approving Tentative Parcel Map No. 2005-01 (County
Map No. 2004-288) as conditioned.
DISCUSSION
Request of Applicant
Keller and Barre' Associates, on behalf of Mersereau Harvard Trust, is
requesting approval of a tentative parcel map to subdivide a property
into two parcels at 1939 South Susan Street.
Property Description
The property is located in the Light Industrial (M1) zoning district and
has a General Plan land use designation of Industrial (IND). The site
is surrounded by industrial uses to the west, north and south and open
space to the east (Exhibits 1 and 2) .
The subject property is approximately 2.59 acres in area. The property
is flat, rectangular in shape and is currently occupied by two
industrial buildings. Building One contains 29,700 square feet of area
with three tenant spaces. Building Two contains 12,060 square feet of
area and contains a single tenant space. The property is located on
Susan Street between Harvard Street and Edinger Avenue.
Project Description
The proposed proj ect is to subdivide the property into two parcels.
Parcel 1 will consist of 1.97 acres with approximately 253 feet of
street frontage. Parcel 2 will consist of 0.62 acres of area with 100
EXHIBIT A
31A-2
Tentative Parcel Map No. 2005-01
March 23, 2005
Page 2
feet of street frontage. A total of 116 parking spaces will be provided
for Parcel 1 and 37 parking spaces will be provided for Parcel 2 which
is in compliance the minimum requirement by code (Exhibit 3 and 4) .
Access to the proposed proj ect will be provided from Susan Street.
Susan Street is a designated commuter street in the City's Circulation
element.
Analysis of the Issues
The tentative parcel map is proposed to subdivide an existing 2.59 -acre
si te into two parcels. The subdivision has been reviewed and is in
conformance with the City's subdivision regulations as well as the
California Subdivision Map Act. Both parcels comply with the minimum
lot size, street frontage, parking and floor area ratio standards. In
order to allow access to both parcels from the southern driveway, a
reciprocal ingress and egress easement is required prior to recordation
of the map.
The individual parcels meet the provisions of the zoning code with
respect to minimum lot size and street frontage. Further, the proposed
subdivision is consistent with the Industrial General Plan land use
designation and all other elements of the General Plan. As a result,
staff recommends approval of Tentative Parcel Map No. 2005-01 (County
Map No. 2004-288) as conditioned (Exhibits 5 and 6) .
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15315. This Class 15 exemption
allows the division of property in urbanized areas into four or fewer
parcels that meet applicable General Plan and zoning regulations.
Categorical Exemption Environmental Review No. 2003-228 will be filed
for this project.
A)~
Ann Hsin-An Ni
Associate Planner
AN:JM
an\plancomm\tpm05-01.za
31A-3
0
R1
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ELDER AV R1
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BOACHAAD AV R1
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CS
GENERAL AGRICULTURAL
PARKING MODIFICATION
COMMERCIAL SOUTH MAIN
COMMUNITY COMMERCIAL
COMM. COMMERCIAUMUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
CENTRAL BUSINESS-ARTIST VILLAGE
PLANNED SHOPPING CENTER
ARTERIAL COMMERCIAL
M1
M1
M1
M1
CENTRAL AV.
CR
GC
M1
M2
MO
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P
PCD
PRD
COMMERCIAL RESIDENTIAL
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
SINGLE FAMILY RESIDENTIAL
TWO FAMILY RESIDENCE
MULTIPLE DENSITY MULTIPLE
FAMILY RESIDENCE
SUBURBAN APARTMENTS
RESIDENTIAL ESTATE
SPECIFIC DEVELOPMENT
SPECIFIC PLAN
AND BU LD
EXHIBIT 1
31A-4
R1
R2
R3
R4
RE
SD
SP
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~---~
PM 05-1
MERSEREAU PARCEL MAP
1939 SUSAN STREET
A
#I'
M1 M1
M1
M1
- = 500 FEET
N G
AGE N C Y
1" = 1000 FEET
P LAN N
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A
INDUSTRIAL
CASTER STREET
OPE N
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CJ) INDUSTRIAL
HARVARD
STREET
I N D U Is T R ( A L I
r INDUSTRIAL
PM 05-1
MERSEREAU PARCEL MAP
1939 SUSAN STREET
PLANNING
AND
BUILDING
AGE N C Y
EXHIBIT 2
31A-5
A
rPf'
Sheet. 1 of 1 NOVEMBER 2004
TENTATIVE PARCEL MAP
IN THE CITY OF SANTA ANA
COUNTY OF ORANGE,
STATE OF CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP AS SHOWN FILED IN BOOK 86,
PAGE 4 OF PARCEL MAPS.
Plv1
2004-288
-111
1 ~ !oI89"40'OO.E 27215
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OWNER: / SUBDIVIDER
nWCE D. llERSEREAU, TRUSTEE
MERSEREAU HARVARD TRUST
66 &JVE'l ROAD
SL~TE 330
SA-~ MATED, CAUFORNlA 94402
650/ 574-7015
650/ 574-1135 (FA-X)
Owner's St.at.~l11elll
'IrE !IEREBY STATE THAT n ARF THE OYNERS Of' THE UNO INCLUDED
WITlfIN THE PARCEL HAP SHOIfN HEREON; THAT lI'E ARE THE ONt,y
PERSOSS 1fHOSE CO.'iSENT IS NECESSARY TO PASS ClEAR TITLE TO SAID
LA."I'O: THA-T n COSSE.;"''T TO THE KAtING OF THIS TENTATIVE PARCEL
w..U' AS SHOWN WITI11N THE DlS'I1NCfr.rg BORDER lP..'E.
WAL:.AC[ 0 l.IERSER[AU, TRUSTEE
or Ti-!E ~(RSE;<E,l.v l-'.AR'iARD TRUST
CIVIL ENGINEER
S.t~OERSON-GL'IERREZ u___
10050-A 6TH &"fREET
Rt~CHO CUCA.~ONGA, CA. 91730
(909) 980-1211
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Tentative Parcel Map No. 2005-01
March 23, 2005
Page 1 of 2
Findings of Fact
A. The proposed project, as conditioned, and its design and
improvements are consistent with the General Commercial land use
designation of the General Plan and are otherwise consistent with
all other elements of the General Plan and any applicable specific
plans.
The
land
Plan.
proposed subdivision
use designation and
is
all
consistent with
other elements
the Industrial
of the General
B.
The proposed proj ect , as
requirements of the zoning
applicable City ordinances.
conditioned, conforms to all applicable
and subdivision codes as well as other
The proposed project, as conditioned, conforms to the provisions
of the zoning code with respect to lot size, frontage and
setbacks.
C. The project site is physically suitable for the type and density of
the proposed project.
The proposed site is physically suitable for the existing
industrial development as proposed since the property is
located wi thin the Light Industrial (M1) zoning district and
has a General Plan land use designation of Industrial (IND).
Additionally, this site is surrounded by industrial uses to
the north, south, east and west.
D. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
Since the project site is located in an urbanized area, there
are no known fish or wildlife populations existing on the
proj ect site. Therefore, the proposed subdivision will not
cause any substantial environmental damage or substantially
and avoidably injure fish and wildlife or their habitat.
PM 05-1
3 '~1f8T 5
Tentative Parcel Map No. 2005-01
March 23, 2005
Page 2 of 2
E. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed subdivision is not anticipated to have any
detrimental effects upon the general public. Each property
included sewer, water and necessary infrastructure
improvements as conditioned in Development Project Review No.
03-67.
F. The design or improvements of the proposed project will not
conflict with easements necessary for public access through or use
of the property within the proposed project.
The design or improvements of the proposed proj ect will not
conflict with easements necessary for public access through or
use of the property wi thin the proposed proj ect since the
proposed new driveway easement will be available for public
access.
31A-9
MARCH 23, 2005
PAGE 1 OFl
Conditions for Approval
Tentative Parcel Map No. 2005-01 is approved subject to compliance, to the
reasonable satisfaction of the Planning Managerl with all applicable
sections of the Santa Ana Municipal Code I the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this approval.
The applicant must remain in compliance with all conditions listed below
throughout the life of the tentative parcel map. Failure to comply with
each and every condition may result in the revocation of the tentative
parcel map.
A. Planning Division
1. Two copies of the recorded final parcel map shall be submitted
each to the Planning Division, Building Division and Public
Works Agency within 10 days of recordation.
2. The tentative tract map, final map and all improvements
required to be made or installed by the subdivider shall be in
accordance with the requirements and design standards and
specifications of the City of Santa Ana and the requirements
of the State Subdivision Map Act.
3. Prior to recordation of final map, file, process and record a
reciprocal ingress and egress easement for the use and
maintenance of the shared driveway access between Parcel 1 and
Parcel 2.
4. After proj ect occupancy I landscaping is to be maintained in
accordance with the landscape plan approved for the proj ect .
This shall include the minimum levels of plant materials shown
on the landscape plan and installed at the time of occupancy.
PM 05-1
ff1{~'fO
ZONING ADMINISTRATOR HEARING
MINUTES
MARCH 23, 2005
TENTATIVE PARCEL MAP NO. 2005-01 (COUNTY MAP NO. 2004-288)
Ms. Maya De Rosa, Acting Zoning Administrator, opened the public hearing at 10:41 a.m. in
the City Hall Ross Annex Conference Room 2001.
Also in attendance were: Mark Keller, representing Applicant; Ann Ni, Case Planner; Karen
Haluza; Principal Planner and Martha Ramirez, Recording Secretary.
Ann Ni presented the staff report and recommendations to subdivide the property at 1939
South Susan Street into two parcels.
Public Comments:
Mr. Keller indicated applicant agreed with the staff report with the exception of Planning
Condition No.3, Exhibit 6 regarding "Prior to recordation of final map... and record a
reciprocal ingress and egress easement." Applicant would like to avoid recording prior to
the final map but rather reach an agreement with the parcel map concurrent with
recordation.
Ms. Ni stated that wording "Prior" refers to standard conditions on subdivisions; this parcel
map would bring both properties in compliance with code standards and need reciprocal
agreement in order to support statement for approval (for required driveway with adequate
backup space). Ms. De Rosa stated this process ensures access for both parcels. Ms.
Haluza stated that for all intents and purposes the agreement occurs concurrently, even
though the language states prior to.
Zoning Administrator made an action to approve Tentative Parcel Map No. 2005-01 as
conditioned.
Ms. Ni stated the item would be presented to the City Council for final approval on April 18,
2005.
The hearing adjourned at 10:49 a.m.
Martha Ramirez
Recording Secretary
31A-11
KO - 03/21/0S
RESOLUTION NO. 2005-04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
PARCEL MAP NO. 2005-01 AS CONDITIONED TO
SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS FOR
THE PROPERTY LOCATED 1939 SOUTH SUSAN STREET
(COUNTY MAP NO. 2004-288)
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Applicant is requesting approval of a tentative parcel map to subdivide
an existing parcel into two lots at 1939 South Susan Street.
B. Tentative Parcel Map No. 2005-01 came before the Zoning Administrator
of the City of Santa Ana for a duly noticed public hearing March 23, 2005.
C. The Zoning Administrator determines that the following findings have been
established:
1. The proposed project, as conditioned, and its design and
improvements are consistent with the Low Density Residential land
use designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
The proposed subdivision is consistent with the Industrial
land use designation and all other elements of the General
Plan.
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes as well as other
applicable City ordinances.
The proposed project, as conditioned, conforms to the
provisions of the zoning code with respect to lot size,
frontage and setbacks.
3. The project site is physically suitable for the type and density of the
proposed project.
31A-12
Resolution No. 200S-D4
Page 1 of 3
The proposed site is physically suitable for the existing
industrial development as proposed since the property is
located within the Light Industrial (M1) zoning district and
has a General Plan land use designation of Industrial (IND).
Additionally, this site is surrounded by industrial uses to the
north, south, east and west.
4. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.
Since the project site is located in an urbanized area, there
are no known fish or wildlife populations existing on the
project site. Therefore, the proposed subdivision will not
cause any substantial environmental damage or
substantially and avoidably injure fish and wildlife or their
habitat.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed subdivision will not have any detrimental
effects upon the general public. Each property included
sewer, water and necessary infrastructure improvements as
conditioned in Development Project Review No. 03-67.
6. The design or improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
The design or improvements of the proposed project will not
conflict with easements necessary for public access through
or use of the property within the proposed project since the
proposed new driveway easement will be available for public
access.
Section 2. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from further
review pursuant to Section 15315. This Class 15 exemption allows the division of
property in urbanized areas into four or fewer parcels that meet applicable General Plan
and zoning regulations. Categorical Exemption Environmental Review No. 2003-228
will be filed for this project.
31A-13
Resolution No. 2005-04
Page 2 of 3
Section 3. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Tentative Parcel Map No. 2005-01 as conditioned in
Exhibit "A" attached hereto and incorporated herein.
ADOPTED this 23rd day of March, 2005.
Maya De Rosa
Acting Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2005-04 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on March 23, 2005.
Date:
Clerk of the Zoning Administrator
City of Santa Ana
31A-14
Resolution No. 2005-04
Page 3 of3
Conditions of Approval for Tentative Parcel Map No. 2005-01
Tentative Parcel Map No. 2005-01 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this approval.
The applicant must remain in compliance with all conditions listed below throughout the
life of the tentative parcel map. Failure to comply with each and every condition may
result in the revocation of the tentative parcel map.
A. Plannina Division
1. Two copies of the recorded final parcel map shall be submitted each to the
Planning Division, Building Division and Public Works Agency within 10
days of recordation.
2. The tentative tract map, final map and all improvements required to be
made or installed by the subdivider shall be in accordance with the
requirements and design standards and specifications of the City of Santa
Ana and the requirements of the State Subdivision Map Act.
3. Prior to recordation of final map, file, process and record a reciprocal
ingress and egress easement for the use and maintenance of the shared
driveway access between Parcel 1 and Parcel 2.
4. After project occupancy, landscaping is to be maintained in accordance
with the landscape plan approved for the project. This shall include the
minimum levels of plant materials shown on the landscape plan and
installed at the time of occupancy.
3Xf~~15
31A-16
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
TENTATIVE PARCEL MAP NO. 2005-04
TO RECONFIGURE FIVE EXISTING
PARCELS INTO TWO INDUSTRIAL
PARCELS AT 2621 SOUTH SUSAN STREET
AND 3121 WEST CENTRAL AVENUE -
JEFF KAYLOR, APPLICANT
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
rJ.lt.
f2Aa.
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Confirm the Zoning Administrator's action approving Tentative Parcel Map
No. 2005-04 (County Map No. 2004-241) as conditioned.
ZONING ADMINISTRATOR ACTION
On March 23, 2005, the Zoning Administrator adopted a resolution
approving Tentative Parcel Map 2005-04 (County Map No. 2004-241) as
conditioned to consolidate five parcels in the Light Industrial (M1)
zoning district into two industrial lots at 2621 South Susan Street and
3121 West Central Avenue. The Zoning Administrator made no changes to
the recommended conditions of approval outlined in the attached staff
report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
_At.-lJM
Stephen G. Hareing
Executive Director
Planning & Building Agency
VC:rb
vc\reports\tpmOS-04.CC
318-1
REQUEST FOR
Zoning Administrator Action
~
~
PLANNING COMMISSION SECRETARY
ZONING ADMINISTRATOR MEETING DATE:
MARCH 23, 2005
TITLE:
PUBLIC HEARING - FILED BY JEFF KAYLOR
TO RECONFIGURE FIVE EXISITNG PARCELS INTO
TWO INDUSTRIAL PARCELS AT 2621 SOUTH SUSAN
STREET AND 3121 WEST CENTRAL AVENUE
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
~~ ~~ 1Y'-
Planning Ma ger
RECOMMENDED ACTION
Adopt a resolution approvlng Tentative Parcel Map No.
conditioned.
2005-04 as
DISCUSSION
Request of Applicant
The applicant, Jeff Kaylor, on behalf of Aluminum Precision Products, is
requesting approval of Tentative Parcel Map No. 2005-04 to consolidate
five parcels into two industrial lots at 2621 South Susan Street and 3121
West Central Avenue.
Property Description
The proj ect site is currently three acres in size and consists of five
parcels. Two industrial buildings totaling 43,900 square feet in size are
situated on the parcel. The property is located within the Light
Industrial (M1) zoning district with a corresponding General Plan land use
designation of Industrial (IND). The property is surrounded by industrial
uses to the north, south, east and west (Exhibits 1 and 2) .
Project Description
The applicant proposes to consolidate five industrial parcels into two
rectangular shaped parcels that will conform to the Light Industrial
(M1) zoning district. The subdivision will begin by subdividing a 25-
foot by 360-foot Pacific Railroad parcel into two equal sections
(Parcels A and B). The two remaining contiguous parcels (Parcels E and
F) will be combined with Parcel B to create Parcell, which will total
1.4 acres in size and is located at 3121 West Central Avenue.
EXHIBIT A
318-2
Tentative Parcel Map No. 2005-04
March 23, 2005
Page 2
Similarly, the two remaining contiguous parcels (Parcels C and D) will
be combined with Parcel A to create Parcel 2, which will total 1.6 acres
in size and be owned by the applicant, Aluminum Precision Products, at
2621 South Susan Street (Exhibits 3 and 4) .
An existing 19,984 square foot industrial building will stand alone on
Parcel I, and the other existing building, which totals 24,000 square
feet, will be maintained on Parcel 2. No new construction or
development is proposed on either parcel.
Analysis of the Issues
The proposed subdivision creates two conforming parcels of 1.4 and 1.6
acres. The subdivision as proposed and conditioned conforms to the
California Subdivision Map Act as well as the City's industrial
development standards. The property is zoned Light Industrial (M1) which
allows for manufacturing uses on both proposed properties. Both of the
industrial activities occurring on each parcel will continue to provide
direct support to the City's industrial base.
The proposed subdivision will have no effect on the land uses as
prescribed by the General Plan as the project will serve only to
consolidate existing property lines. The project will not alter the
physical appearance of the site or existing building square footage. Both
parcels will meet the minimum requirements of the Light Industrial (M1)
zoning district and there are no anticipated environmental or health
impacts as a result of this subdivision.
Based upon the analysis of the project, attached findings of fact, and the
project's compatibility with the City's General Plan and industrial
development standards, approval is recommended for Tentative Parcel Map
No. 2005-04 as conditioned (Exhibits 5 and 6) .
318-3
Tentative Parcel Map No. 2005-04
March 23, 2005
Page 3
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15315. This Class 15 exemption
allows minor land divisions into four or fewer parcels on properties
that meet applicable General Plan and zoning regulations. Categorical
Exemption Environmental Review No. 2004-154 will be filed for this
project.
e'
~.,,~ ~~
Verny Carvajal
Associate Planner
V----u
vincent Freg~.o,
Senior Plann~ _//
VC:JM
vc\reports\tpm05-04.za
318-4
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ALUMINUM PRECISION
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Tentative Parcel Map No. 2005-04
March 23, 2005
Page 1 of 2
Findings of Fact
A. The proposed project, as conditioned, and its design and improvements
are consistent with the Industrial land use designation of the
General Plan and are otherwise consistent with all other elements of
the General Plan and any applicable specific plans.
The proposed subdivision will have no effect on the land uses as
prescribed by the General Plan. The project will serve only to
reconfigure existing property lines and will not alter the
physical appearance of the project.
B.
The proposed proj ect , as
requirements of the zoning
applicable City ordinances.
conditioned, conforms
and subdivision codes,
to all applicable
as well as other
The proposed subdivision conforms to the
street frontage requirements, as well as
intent of the State of California
provisions.
minimum lot size
meets the letter
Subdi vision Map
and
and
Act
C. The project site is physically suitable for the type and density of
the proposed project.
The proposed subdivision is appropriately suited for the site
and the surrounding area. The tentative parcel map will not
effect the existing development, as the maximum floor area ratio
(FAR) threshold will continue to remain in effect.
D.
The design and improvements of the proposed proj ect
substantial environmental damage or substantially
injure fish or wildlife or their habitat.
will
and
not cause
avoidable
The project is currently developed with two
industrial/commercial buildings, with no proposal for new
construction. No fish or wildlife will be affected by the
approval of this map.
PM 05-4
31 BttflT 5
Tentative Parcel Map No. 2005-04
March 23, 2005
Page 2 of 2
E. The design or improvements of the proposed proj ect will not cause
serious public health problems.
The proposed parcel map will consolidate five existing parcels
and create two conforming parcels consistent with the Light
Industrial (M1) zoning district and Subdivision Map Act.
Approval of Tentative Parcel Map No. 2005-04 will not yield in
any additional impacts upon public health in the area, as no new
development is proposed.
F. The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
Approval of the tentative parcel map will not create
obstructions or hindrances for access on Susan Street or Central
Avenue or other easements. Each parcel will have independent
street access.
318-10
MARCH 23, 2005
PAGEIOFl
Conditions of Approval
Tentative Parcel Map No. 2005-04 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this subdivision.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the subdivision.
A. Planning Division
1. Comply with Development Review Committee comments for Site Plan
Review DP No. 04-83.
2. The Final Parcel Map shall be recorded within six months of
approval of the Final map by the City Council.
3. Two copies of the recorded Final Parcel Map shall be submitted
each to the Planning Division, Fire Department, Building
Division and Public Works Agency within 10 days of recordation.
PM 05-4
~t~11 *1
ZONING ADMINISTRATOR HEARING
MINUTES
MARCH 23, 2005
TENTATIVE PARCEL MAP NO. 2005-04 (COUNTY MAP NO. 2004-241)
Ms. Maya De Rosa, Acting Zoning Administrator, opened the public hearing at 10:50 a.m. in
the City Hall Ross Annex Conference Room 2001.
Also in attendance were: Jeff Kaylor, Applicant; Ann Ni, Case Planner; Karen Haluza;
Principal Planner and Martha Ramirez, Recording Secretary.
Ann Ni presented the staff report and recommendations to reconfigure five existing parcels
into two industrial parcels for the properties at 2621 South Susan Street and 3121 West
Central Avenue.
Public Comments:
Mr. Kaylor referred to Project Description, "The subdivision will begin by subdividing a 25-
foot by 360-foot Pacific Railroad parcel into two equal sections..." and would like the staff
report modified to state there would actually be unequal sections. Otherwise he
understood and agreed with the staff report.
Zoning Administrator made an action to approve Tentative Parcel Map No. 2005-04 (County
Map No. 2004-241) as conditioned.
The hearing adjourned at 10:54 a.m.
Martha Ramirez
Recording Secretary
318-12
KO - 03/21/05
RESOLUTION NO. 2005-06
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
PARCEL MAP NO. 2005-04 AS CONDITIONED TO
RECONFIGURE FIVE EXISTING PARCELS INTO TWO
INDUSTRIAL PARCELS FOR THE PROPERTIES LOCATED
AT 2621 SOUTH SUSAN STREET AND 3121 WEST
CENTRAL AVENUE (COUNTY MAP NO. 2004-241)
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Applicant is requesting approval of a tentative parcel map to
reconfigure five existing parcels into two industrial Parcels for the property
located at 2621 South Susan Street and 3121 West Central Avenue.
B. Tentative Parcel Map No. 2005-04 came before the Zoning Administrator
of the City of Santa Ana for a duly noticed public hearing March 23, 2005.
C. The Zoning Administrator determines that the following findings have been
established:
1. The proposed project, as conditioned, and its design and
improvements are consistent with the Low Density Residential land
use designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
The proposed subdivision will have no effect on the land
uses as prescribed by the General Plan. The project will
serve only to reconfigure existing property lines and will not
alter the physical appearance of the project.
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum lot size
and street frontage requirements, as well as meets the letter
and intent of the State of California Subdivision Map Act
provisions.
318-13
Resolution No. 2005-06
Page 1 of 3
3. The project site is physically suitable for the type and density of the
proposed project.
The proposed subdivision is appropriately suited for the site
and the surrounding area. The tentative parcel map will not
effect the existing development, as the maximum floor area
ratio (FAR) threshold will continue to remain in effect.
4. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
The project is currently developed with two
industrial/commercial buildings, with no proposal for new
construction. No fish or wildlife will be affected by the
approval of this map.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed parcel map will consolidate five existing
parcels and create two conforming parcels consistent with
the Light Industrial (M1) zoning district and Subdivision Map
Act. Approval of Tentative Parcel Map No. 2005-04 will not
yield in any additional impacts upon public health in the area,
as no new development is proposed.
6. The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
Approval of the tentative parcel map will not create
obstructions or hindrances for access on Susan Street or
Central Avenue or other easements. Each parcel will have
independent street access.
Section 2. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from further
review pursuant to Section 15315. This Class 15 exemption allows minor land divisions
into four or fewer parcels on properties that meet applicable General Plan and zoning
regulations. Categorical Exemption Environmental Review No. 2004-154 will be filed for
this project.
31 8-14
Resolution No. 2005-06
Page 2 of 3
Section 3. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Tentative Parcel Map No. 2005-04 as conditioned in
Exhibit "A" attached hereto and incorporated herein.
ADOPTED this 23rd day of March, 2005.
Maya De Rosa
Acting Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2005-06 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on March 23, 2005.
Date:
Clerk of the Zoning Administrator
City of Santa Ana
318-15
Resolution No. 2005-06
Page 3 of 3
Conditions of Approval for Tentative Parcel Map No. 2005-04
Tentative Parcel Map No. 2005-04 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this subdivision.
The applicant must remain in compliance with all conditions listed below throughout the life
of the conditional use permit. Failure to comply with each and every condition may result
in the revocation of the subdivision.
A. Plannina Division
1. Comply with Development Review Committee comments for Site Plan
Review DP No. 04-83.
2. The Final Parcel Map shall be recorded within six months of approval of the
Final map by the City Council.
3. Two copies of the recorded Final Parcel Map shall be submitted each to the
Planning Division, Fire Department, Building Division and Public Works
Agency within 10 days of recordation.
3r~:'1'6
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
TENTATIVE PARCEL MAP NO. 2005-06 TO
SUBDIVIDE ONE PARCEL INTO TWO LOTS
AT 1509 NORTH ENGLISH - CARLOS
VELAZQUEZ, APPLICANT
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~.".
f2/?;;z----
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Confirm the Zoning Administrator's action approving Tentative Parcel Map
No. 2005-06 (County Map No. 2004-266) as conditioned.
ZONING ADMINISTRATOR ACTION
On March 30, 2005, the Zoning Administrator adopted a resolution
approving Tentative Parcel Map No. 2005-06 (County Map No. 2004-266) as
conditioned to allow the subdivision of an existing parcel in the Single-
Family Residential (R1) zoning district into two residential lots at 1509
North English Street. The Zoning Administrator made no changes to the
recommended conditions of approval outlined in the attached staff report
(Exhibi t A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~!J
Step en G. Ha lng
Executive Director
Planning & Building Agency
VC:rb
vc\reports\tpmOS-06.cc
31 C-1
REQUEST FOR
Zoning Administrator Action
~
~
PLANNING COMMISSION SECRETARY
ZONING ADMINISTRATOR MEETING DATE:
MARCH 30, 2005
TITLE:
PUBLIC HEARING - TENTATIVE PARCEL
MAP NO. 2005-06 FILED BY CARLOS
VELAZQUEZ TO DIVIDE ONE PARCEL
INTO TWO LOTS AT 1509 NORTH ENGLISH
STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
(~~-jv'-
Plannin Manag r
RECOMMENDED ACTION
Adopt a resolution approving Tentative Parcel Map No. 2005-06 as
conditioned.
DISCUSSION
Request of Applicant
Mr. Carlos Velasquez is requesting approval of Tentative Parcel Map No.
2005-06 (County Map Number 2004-266) to subdivide a 0.28-acre parcel into
two residential lots at 1509 North English Street.
Property Description
The subject site has a General Plan land use designation of Low-Density
Residential (LR-7), with a zoning designation of Single-Family Residential
(R1) . The project site is a 0.28-acre rectangular corner parcel and is
situated at the northeast corner of English Street and Fifteenth Street.
A single-family dwelling with a detached garage currently occupies the
site, which is bounded by single-family homes to the north, south, east
and west (Exhibits 1 and 2) .
Project Description
The project entails the subdivision of a 136-foot by 90-foot lot into two
residential parcels to facilitate the construction of one new single-
family dwelling on Parcel 2. An existing 510 square foot storage building
and 150 square feet of the existing residence will be demolished in order
to accommodate the new property line, with a 375 square foot addition and
detached two-car garage to be constructed on Parcell. Upon completion of
the project, two single-family residences will be located on individual
lots.
EXHIBIT A
31 C-2
Tentative Parcel Map No. 2005-06
March 30, 2005
Page 2
The new single story single-family dwelling will be constructed on a 6,004
square foot lot and will have a total of four bedrooms and two baths with
detached two-car garage (Exhibits 3, 4 and 5) .
Analysis of the Issues
The proposed subdivision is consistent with the goals and objectives of
the Low Density Residential General Plan designation, which include the
preservation and stabilization of residential neighborhoods. Each
dwelling unit, including the existing residence to remain, will be in full
compliance with the standards for Single-Family Residential (R1)
development. Further, the project will satisfy both the minimum lot size
and street frontage requirements as the new parcels will be at least 6,000
square feet in size and have frontage of at least 50 linear feet. The
proposal also meets the setback requirements, with 20 feet provided for
the front setback and a minimum of five feet provided for each side yard
on the existing residence and ten feet for the new dwelling on the
proposed corner parcel. There are no physical site constraints that would
prevent development, nor are there any outstanding violations found on the
subject property. As a standard infill project, the subdivision would not
substantially affect the use, development or habitat of the surrounding
area.
The project is in compliance with the provisions of the State of
California Subdivision Map Act and Chapter 41 of the Santa Ana Municipal
Code. Based on the analysis and findings, it is recommended that
Tentative Parcel Map No. 2005-06 be approved as conditioned (Exhibits 6
and 7) .
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that
meet applicable General Plan and zoning regulations. Categorical
Exemption Environmental Review No. 2004-212 will be filed for this
project.
~.
Verny Carvajal
Associate Planner
VC:JM
vc\reports\tpmOS-06.za
31 C-3
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PM 05-6
MR. CARLOS VELAZQUEZ
1509 NORTH ENGLISH STREET
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PM 05-6
MR. CARLOS VELAZQUEZ
1509 NORTH ENGLISH STREET
A
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P LAN N
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EXHIBIT 2
31 C-5
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3mlm-6S
Tentative Parcel Map No. 2005-06
March 30, 2005
Page 1 of 2
Findings of Fact
A. The proposed project, as conditioned, and its design and improvements
are consistent with the Low Density Residential land use designation
of the General Plan and are otherwise consistent with all other
elements of the General Plan and any applicable specific plans.
The proposed subdivision creates two residential
comply with the Low-Density Residential provisions,
density.
lots that
including
B.
The proposed proj ect , as
requirements of the zoning
applicable City ordinances.
conditioned, conforms
and subdivision codes,
to all applicable
as well as other
The proposed subdivision conforms to all provisions of the
zoning and subdivision codes, including the minimum lot size and
street frontage requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
provisions.
c. The project site is physically suitable for the type and density of
the proposed project.
The project site is a residentially zoned lot that contains
adequate street frontage for two conforming parcels. The
proposed lot sizes meet the minimum required size of one
dwelling unit per 6,000 square feet of lot area. There are no
physical constraints on the site to preclude development.
D.
The design and improvements of the proposed proj ect
substantial environmental damage or substantially
injure fish or wildlife or their habitat.
will
and
not cause
avoidable
There are no wetlands or unusual flora or fauna on or around the
proj ect site. No development surrounding this site will be
affected by this proposal.
E. The design or improvements of the proposed proj ect will not cause
serious public health problems.
The proposed infill development is residential and
compliance with the Single-Family Residential
building requirements.
will be in
zoning and
3A~66
Tentative Parcel Map No. 2005-06
March 30, 2005
Page 2 of 2
F. The design of improvements of the proposed project will not conflict
wi th easements necessary for publ ic access through or use of the
property within the proposed project.
There are no easements that would affect the use or development
of this site.
31 C-1 0
MARCH 30, 2005
PAGEIOFl
Conditions of Approval
Tentative Parcel Map No. 2005-06 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this tentative parcel
map.
The applicant must remain in compliance with all conditions listed below
throughout the life of the tentative parcel map. Failure to comply with
each and every condition may result in the revocation of the tentative
parcel map.
A. Planning Division
1. The Final Map is required to be recorded within two years of
the date of approval of the tentative map by the City Council.
2. Two copies of the recorded Final Map need to be submitted each
to the Planning Division and Public Works Agency within 10 days
of recordation.
3 .
All development within
development and permit
issuance.
the
fees
area of the
in effect at
map
the
is subject to
time of permit
4. All development within the area of the map is subject to all
design and development standards in effect at the time of
permit issuance.
5. The tentative map, final map, and all improvements required to
be made or installed by the subdivider will be in accordance
with the design standards and specifications of the Santa Ana
Municipal Code and the requirements of the State Subdivision
Map Act.
6. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-79.
PM 05-6
31'etl" 7
ZONING ADMINISTRATOR HEARING
MINUTES
March 30, 2005
TENTATIVE PARCEL MAP NO. 2005-06 (COUNTY MAP NO. 2004-212)
Ken Adams, Zoning Administrator, opened the public hearing at 10:59 a.m. in the City Hall Ross
Annex Conference Room 2001.
Also in attendance were: Carlos Velasquez, Applicant, Richard Munoz, Dick and Barbara
Motoyama, Marco Ramirez, Bill Apple, Case Planner, Karen Haluza, Principal Planner and
Martha Ramirez, Recording Secretary.
Bill Apple presented the staff report and recommendation for property at 1509 North English
Street. Applicant is requesting to subdivide a 0.28-acre parcel into two residential lots.
Zoning Administrator stated that the structure being demolished is an existing garage.
Mr. Adams referred to the conditions of approval, and Mr. Velasquez concurred that he
understood and would comply.
Mr. Motoyama (neighbor) commented about excessive cars in the area. Mr. Velasquez indicated
a two-car garage would replace the single-car garage. Applicant indicated he would consider
occupying one ofthe residences.
Zoning Administrator indicated that the property owner is within the Santa Ana Municipal Code
compliance to build two homes with enclosed parking.
Zoning Administrator moved to adopt a resolution approving Tentative Parcel Map No. 2005-06
as conditioned.
Adjourned: 11 :07 a.m.
Martha Ramirez, Recording Secretary
31 C-12
KO - 04/04/05
RESOLUTION NO. 2005-07
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
PARCEL MAP NO. 2005-06 AS CONDITIONED TO
SUBDIVIDE AN EXISTING RESIDENTIAL PARCEL INTO
TWO RESIDENTIAL PARCELS FOR THE PROPERTY
LOCATED AT 1509 NORTH ENGLISH STREET (COUNTY
MAP NO. 2004-266)
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Applicant is requesting approval of a tentative parcel map to subdivide
an existing residential parcel into two parcels for the property located at
1509 North English Street.
B. Tentative Parcel Map No. 2005-06 came before the Zoning Administrator
of the City of Santa Ana for a duly noticed public hearing March 30, 2005.
C. The Zoning Administrator determines that the following findings have been
established:
1. The proposed project, as conditioned, and its design and
improvements are consistent with the Low Density Residential land
use designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
The proposed subdivision creates two residential lots that
comply with the Low-Density Residential provisions,
including density.
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
The proposed subdivision conforms to all provisions of the
zoning and subdivision codes, including the minimum lot size
and street frontage requirements, as well as meets the letter
and intent of the State of California Subdivision Map Act
provisions.
31 C-13
Resolution No. 2005-XXX
Page 1 of 3
3. The project site is physically suitable for the type and density of the
proposed project.
The project site is a residentially zoned lot that contains
adequate street frontage for two conforming parcels. The
proposed lot sizes meet the minimum required size of one
dwelling unit per 6,000 square feet of lot area. There are no
physical constraints on the site to preclude development.
4. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
There are no wetlands or unusual flora or fauna on or
around the project site. No development surrounding this
site will be affected by this proposal.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed infill development is residential and will be in
compliance with the Single-Family Residential zoning and
building requirements.
6. The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
There are no easements that would affect the use or
development of this site.
Section 2. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from further
review pursuant to Section 15332. This Class 32 exemption allows in-fill developments
on properties of less than five acres that meet applicable General Plan and zoning
regulations. Categorical Exemption Environmental Review No. 2004-212 will be filed for
this project.
Section 3. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Tentative Parcel Map No. 2005-06 as conditioned in
Exhibit "A" attached hereto and incorporated herein.
31C-14
Resolution No. 2OO5-XXX
Page 2 of 3
ADOPTED this 30th day of March, 2005.
Kenneth Adams
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2005-07 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on March 30, 2005.
Date:
Clerk of the Zoning Administrator
City of Santa Ana
31 C-15
Resolution No. 2005-XXX
Page 3 of 3
Conditions of Approval for Tentative Parcel Map No. 2005-06
Tentative Parcel Map No. 2005-06 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this tentative parcel map.
The applicant must remain in compliance with all conditions listed below throughout the life
of the tentative parcel map. Failure to comply with each and every condition may result in
the revocation of the tentative parcel map.
A. Plannina Division
1. The Final Map is required to be recorded within two years of the date of
approval of the tentative map by the City Council.
2. Two copies of the recorded Final Map need to be submitted each to the
Planning Division and Public Works Agency within 10 days of recordation.
3. All development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
4. All development within the area of the map is subject to all design and
development standards in effect at the time of permit issuance.
5. The tentative map, final map, and all improvements required to be made or
installed by the subdivider will be in accordance with the design standards
and specifications of the Santa Ana Municipal Code and the requirements
of the State Subdivision Map Act.
6. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 04-79.
3fe~'16
...:....
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2004-23
TO ALLOW A 60-FOOT HIGH WIRELESS
COMMUNICATIONS FACILITY AT 2810~
SOUTH FLOWER STREET - SPECTRASITE
COMMUNICATIONS, APPLICANT
~
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2004-23 as conditioned.
PLANNING COMMISSION ACTION
On March 28, 2005, the Planning Commission approved Conditional Use
Permit No. 2004-23 as conditioned by a vote of 5:0 (Leo and Lutz absent)
to allow a 60-foot high wireless communications facility in the Open
Space (0) zoning district at 2810~ South Flower Street. The Planning
Commission made no changes to the recommended conditions of approval
outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
st~d ~':i~g
Executive Director
Planning & Building Agency
ME:rb
me\reports\cup04-23.cc
310-1
REQUEST FOR
Planning Commission Action
~~
~~
~
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
MARCH 28, 2005
TITLE:
PUBLIC HEARING - FILED BY SPECTRASITE
COMMUNICATIONS FOR CONDITIONAL USE PERMIT
NO. 2004-23 TO ALLOW A 60-FOOT HIGH
WIRELESS COMMUNICATIONS FACILITY AT
2810X SOUTH FLOWER STREET
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
~tw-c ~~J(
Executive Dir r
~
I.. ... Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2004-23 as
conditioned.
DISCUSSION
Request of Applicant
SpectraSite Communications, Inc., representing Verizon Wireless, is
requesting approval of a conditional use permit to continue operation of
an existing 60-foot tall monopalm cellular facility at Saddleback High
School, 2810~ South Flower Street. In addition, The Alaris Group LLC,
representing AT&T Wireless, is requesting approval to co-locate on the
same facility.
Property Description
The property is located within the Open Space (0) zoning district and has
a General Plan land use designation of Institutional (INS) (Exhibit 1).
The property is bounded by residential uses to the north, south and west
and industrial uses to the east (Exhibit 2). The subj ect property is
approximately 36.41 acres in size, rectangular in shape and improved with
school buildings and athletic fields. There is an existing 60-foot tall
wireless facility at this site that was approved under Conditional Use
Permit No. 99-10.
EXHIBIT A
310-2
Conditional Use Permit No. 2004-23
March 28, 2005
Page 2
Project Description
On July 191 19991 the City Council approved Conditional Use Permit
No. 99-10 to allow a 60-foot high cellular monopalm at this location
with a condition that the conditional use permit would expire in five
years (July 19, 2004). SpectraSite Communications, Inc. is proposing to
continue the operation of the cellular communications tower for Verizon
wireless. In addition, The Alaris Group, LLCI representing AT&T
Wireless, is proposing to co-locate on the existing cellular facility.
SpectraSite Communications, Inc. leases 1,500 square feet of ground
space from the Santa Ana Unified School District for the cellular tower.
AT&T Wireless proposes to lease an additional 250 square feet of open
space to construct their equipment cabinets. Santa Ana Unified School
District is in agreement with the wireless facility use and its location
(Exhibi t 3). AT&T Wireless would add three sectors containing two
antennas each to the existing 60-foot cellular facility as part of the
co-location. The antennas will be camouflaged to resemble a Mexican Fan
Palm Tree with a faux "petticoat" or skirt resembling dead palm fronds.
The monopalm is located south and west of existing school buildings,
south of the school athletic fields, and north of the existing Santa Ana
Bike Trail and Southern Pacific Railroad spur. The monopalm is located
in an existing grove of four trees consisting of two Canary Island Pines
and two Mexican Fan Palms (Exhibits 4, 5 and 6) .
Analysis of the Issues
In July 1988, the Planning Commission and City Council adopted an
ordinance that regulated wireless communication facilities throughout the
City. Major wireless facilities are required to have a stealth design and
be located on a building or in an area that provides the greatest amount
of visual screening. These antennas also require the approval of a
conditional use permit. The proposed monopalm will be located behind the
building complex that fronts on Flower Street. In additionl the grove of
existing trees will help screen the wireless facility.
The applicants have explored alternatives to the monopalm structure, such
as locating the cellular facility on the top of an existing building in
the area. Structures in the areal however, are not tall enough to meet
the coverage needs. The existing 60-foot tall facility is needed in order
to improve cellular coverage I increase call capacity and quality. This
facility will provide a benefit to Santa Ana residentsl businesses and
motorists who subscribe to Verizon Wireless and AT&T Wireless services by
closing service gaps in the area and providing additional calling
310-3
Conditional Use Permit No. 2004-23
March 28, 2005
Page 3
capacity. Equipment for the monopalm will be located inside cabinets
within the leased area and will be screened behind a seven-foot wrought
iron fence covered with vines. All additional wiring and conduit will be
underground or hidden in the interior of the trunk of the existing
monopalm. The monopalm complies with the City's Wireless Communications
Facility Ordinance and will provide needed service to the south-central
and southeast sections of the city.
Based upon the above
Planning Commission
conditioned (Exhibits
analysis and findings, staff recommends that
approve Conditional Use Permit No. 2004-23
7 and 8) .
the
as
CEQA Compliance
This project was reviewed in accordance with the California
Environmental Quality Act. The recommendation is exempt from further
review pursuant to Section 15303. This Class 3 exemption allows for the
construction and location of limited numbers of new, small facilities
and structures. Categorical Exemption Environmental Review No. 2004-161
will be filed for this project.
~~~
Marvin Ellenbecker
Landscape Development Associate
--u
Vince Fregoso,
Senior Planner
ME:JM
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310-4
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CUP 04-23
SPECTRA SITE MONOPAlM FOR VERIZON AND AT&T
WIRELESS TELECOMMUNICATION FACILITY
2810 3/4 SOUTH FLOWER STREET
A
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1. = 1000 FEET
- = 500 FEET
P LAN N
N G
AGE N C Y
I
I
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AND BU LD
EXHIBIT 1
310-5
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AVENUE
A
CUP 04-23
SPECTRA SITE MONOPALM FOR VERIZON AND AT&T
WIRELESS TELECOMMUNICATION FACILITY
2810 3/4 SOUTH FLOWER STREET
A
#{'
P LAN N
N G
AND
B U
L 0
N G
AGE N C Y
EXHIBIT 2
310-6
SaJ.ita Ana Unified &....bool District
Donald L. Trigg
Associate Superintendent,
Business Sen'ices
Al Mijares, Ph.D., Superintendent
January 11, 2005
Santa Ana Planning Department
20 Civic Center Plaza, Ross Street Annex
Santa Ana, CA 92701-6322
RE: Site NameINumber: CA-0104, Art Center
Site Address: 2802 S. Flower Street, Santa Ana, CA
Purpose: Letter for Planning Department
Please be informed, that on the above referenced site, Santa Ana Unified School District
does not oppose the collocation of AT & T on the monopalm at Saddleback High School.
Santa Ana Unified School District does not oppose the renewal of the CUP for the
monopalm at Saddleback High School.
If you need any other information, please do not hesitate to call me at 714 558-5826.
Sincerely,
~[T>- U~i
Donald L. Trigg
Associate Superintendent, Business Services
DLT:bl
xc: Sheila Barnard
1601 East Chestnut Avenue, Santa Ana, CA 92701-6322, (714) 558-5501
BOARD OF EDUCATION
Audrey Yamagata-Noji, Ph.D., President · Rob Richardson, Vice President
Sal Tinajero, Clerk. Rosemarie Avila, Member. John Palacio, Member
3~rr~73
~
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Existing monopalm with
Verizon antennas
BEFORE
Existing Verizon antennas to
remain and will be screened
by new faux fronds
New skirt of faux dead fronds to .
screen AT&T alltenn.s m9u~'
,~:. ,.:;y'
AFTER
CUP 04-23
SPECTRA SITE MONOPALM FOR VERIZON AND AT&T
WIRELESS TELECOMMUNICATION FACILITY
2810 3/4 SOUTH FLOWER STREET
A
c9V'
PLANNING
AND
BUILDING
AGE N C Y
CUP 04-23
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Conditional Use Permit No. 2004-23
March 28, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide
general well
a service
being of
or
the
facility which will
neighborhood or the
The proposed 60-foot tall cellular monopole will provide a
service to Santa Ana residents, businesses and motorists who
subscribe to Verizon and AT&T wireless services by reducing the
gaps in digital cellular service and providing additional
calling capacity for its users, especially for those users
traveling within the south-central and southeast areas of Santa
Ana.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
Federal law exempts local jurisdictions from regulating health
related issues as these issues are covered under Federal laws.
However, the proposed facility will be in compliance with both
the Federal Communications Commission (FCC) and Federal
Aviation Administration (FAA) safety regulations.
C.
will the proposed
stability or future
the area?
use adversely affect the present economic
economic development of properties surrounding
The existing monopalm, in conjunction with the grove of trees,
will be compatible with the surrounding area and will not
adversely affect the economic viability in the area as the
monopalm has a design that will give it the look of a palm
tree, with landscaping a maj or tool used in maintaining and
increasing the economic stability of project sites.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular
regulations
Santa Ana
Colocation
facility has been designed to comply with the
and conditions identified in Chapter 41 of the
Municipal Code for a major wireless facility.
of carriers is strongly encouraged when possible.
CUP 04-23
SXf1!J!Jf1
Conditional Use Permit No. 2004-23
March 28, 2005
Page 2 of 2
E. will the proposed use adversely affect the General Plan or any
specific plan of the City?
The monopole, as designed, will not adversely affect the
General Plan, as cellular facilities, designed to be compatible
with the surrounding environment, are consistent with the goals
and objectives of the Institutional (INS) General Plan
designation.
310-12
MARCH 28, 2005
PAGE 1 OF3
Conditions for Approval
Conditional Use Permit No. 2004-23 is approved subject to
the reasonable satisfaction of the Planning Manager, with
sections of the Santa Ana Municipal Code, the California
Code, the Uniform Fire Code, the Uniform Building Code
applicable regulations.
compliance, to
all applicable
Administrative
and all other
The applicants must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicants must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. The applicants must comply with all conditions and requirements
of the Development Review Committee for the development project
(DP No. 04-055).
2. Any amendment to this conditional use permit must be submitted
to the Planning Division for review. At that time, staff will
determine if administrative relief is available or the
conditional use permit must be amended.
3. The current grove of Canary Island Pines and Mexican Fan Palms
and vines around the equipment area shall be maintained in good
order over the life of the conditional use permit. In
addition, new vines will be added to the leased equipment area
and be maintained by AT&T.
4. The permit applicants recognize that the frequencies used by
the cellular facility located at 2810% South Flower Street are
extremely close to the frequencies used by the City of Santa
Ana for Public Safety. This proximity will require
extraordinary "comprehensive advanced planning and frequency
coordination" engineering measures to prevent interference,
especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide"
published by the Association of Public-Safety Communications
3~~:~~
MARCH 28, 2005
PAGE 2 OF 3
Officials-International, Incorporated (APCO), and as endorsed
by the Federal Communications Commission (FCC). Prior to the
issuance of any permits to install the facility, (Permit
Applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of
the Orange County Sheriff-Coroner Department to minimize, to
the greatest extent possible, any interference with the Public
Safety 800 MHz Countywide Coordinated Communications System
(CCCS) . Similar consideration shall be given to any other
existing or proposed wireless communications facility that may
be located on the subject property.
5. At all times, the permit applicant shall not prevent the City
of Santa Ana from having adequate spectrum capacity on the
City's 800 MHz radio frequency.
6. Before activating its facility, the permit applicants will
submit to a post-installation test to confirm that "advanced
planning and frequency coordination" of the facility was
successful in not interfering with the City of Santa Ana
Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-
Coroner Department or a Division-approved contractor at the
expense of the Applicant. This post-installation testing
process shall be repeated for every proposed frequency
addition and/or change to confirm the intent of the "frequency
planning" process has been met.
7.
The permit applicants shall provide a 24-hour
which interference problems may be reported.
will also apply to all existing facilities
Santa Ana.
phone number to
This condition
in the City of
8. The permit applicants will provide a "single point of contact"
in its Engineering and Maintenance Departments to insure
continui ty on all interference issues. The name, telephone
number, fax number and e-mail address of that person shall be
provided to City's designated representative upon activation
of the facility.
9. The permit applicants shall insure that lessee or other
user (s) shall comply with the terms and conditions of this
permit, and shall be responsible for the failure of any lessee
or other users under the control of permit applicant to
comply.
31 0-14
MARCH 28, 2005
PAGE30F3
10. The permit applicants shall provide a coverage and cell site
location map for each existing and proposed facility in Santa
Ana.
11.
The proposed
engineered to
providers.
wireless communication
allow the co-location
structure
of other
must be
service
12. Locate all equipment and related appurtenances (appleton plug
and electric meter) on the inside of the equipment enclosure
or inside the building.
13. This conditional use permit shall expire five years from the
date of approval by the City Council.
310-15
KO - 4/4/05
RESOLUTION NO. 2005-01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2004-23 TO ALLOW A 50-FOOT TALL
WIRELESS TELECOMMUNICATIONS FACILITY FOR THE
PROPERTY LOCATED AT 2810 % SOUTH FLOWER
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2004-23 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
March 28, 2005.
B. Conditional Use Permit No. 2004-23 has been filed with the City of Santa
Ana seeking to allow a 50-foot tall wireless telecommunications facility for
the property located at 2810 % South Flower Street. The facility will be
co-locatable.
C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
D. Santa Ana Municipal Code Section 41-538 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed 50-foot tall cellular monopole will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Verizon and AT&T wireless services by
reducing the gaps in digital cellular service and providing
additional calling capacity for its users, especially for those
users traveling within the south-central and southeast areas of
Santa Ana.
310-16
Resolution No. 2005-01
Page 1 of 3
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
Federal law exempts local jurisdictions from regulating
health related issues as these issues are covered under
Federal laws. However, the proposed facility will be in
compliance with both the Federal Communications
Commission (FCC) and Federal Aviation Administration
(FAA) safety regulations.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The existing monopalm, in conjunction with the grove of
trees, will be compatible with the surrounding area and will
not adversely affect the economic viability in the area as the
monopalm has a design that will give it the look of a palm
tree, with landscaping a major tool used in maintaining and
increasing the economic stability of project sites.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular facility has been designed to comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
Colocation of carriers is strongly encouraged when possible.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The monopole, as designed, will not adversely affect the
General Plan, as cellular facilities, designed to be compatible
with the surrounding environment, are consistent with the
goals and objectives of the Institutional (INS) General Plan
designation.
E. This project was reviewed in accordance with the California Environmental
Quality Act. The recommendation is exempt from further review pursuant
to Section 15303. This Class 3 exemption allows for the construction and
location of limited numbers of new, small facilities and structures.
Categorical Exemption Environmental Review No. 2004-161 will be filed
for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2004-23 as conditioned in Exhibit "A" attached
310-17
Resolution No. 2005-01
Page 2 of 3
hereto and incorporated herein. This decision is based upon the evidence submitted at
the abovesaid hearing, which includes but not is not limited to: the Request for Planning
Commission Action dated March 28, 2005 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 28th day of March, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner. Mondo, Nalle (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo, Lutz (2)
ABSTENTIONS: Commissioners: None (0)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-01 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 28, 2005.
Date:
Planning Commission Secretary
City of Santa Ana
310-18
Resolution No. 2005-01
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2004-23
Conditional Use Permit No. 2004-23 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicants must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicants must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Plannina Division
1. The applicants must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 04-
055).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The current grove of Canary Island Pines and Mexican Fan Palms and
vines around the equipment area shall be maintained in good order over the
life of the conditional use permit. In addition, new vines will be added to the
leased equipment area and be maintained by AT&T.
4. The permit applicants recognize that the frequencies used by the cellular
facility located at 2810% South Flower Street are extremely close to the
frequencies used by the City of Santa Ana for Public Safety. This
proximity will require extraordinary "comprehensive advanced planning
and frequency coordination" engineering measures to prevent
interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by
the Association of Public-Safety Communications Officials-International,
Incorporated (APCO), and as endorsed by the Federal Communications
Commission (FCC). Prior to the issuance of any permits to install the
facility, (Permit Applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the
Orange County Sheriff-Coroner Department to minimize, to the greatest
extent possible, any interference with the Public Safety 800 MHz
Countywide Coordinated Communications System (CCCS). Similar
EXHIBIT "A"
Page 1 of2
310-19
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
5. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
6. Before activating its facility, the permit applicants will submit to a post-
installation test to confirm that "advanced planning and frequency
coordination" of the facility was successful in not interfering with the City of
Santa Ana Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-Coroner
Department or a Division-approved contractor at the expense of the
Applicant. This post-installation testing process shall be repeated for
every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met.
7. The permit applicants shall provide a 24-hour phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
8. The permit applicants will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
interference issues. The name, telephone number, fax number and e-mail
address of that person shall be provided to City's designated
representative upon activation of the facility.
9. The permit applicants shall insure that lessee or other user(s) shall comply
with the terms and conditions of this permit, and shall be responsible for
the failure of any lessee or other users under the control of permit
applicant to comply.
10. The permit applicants shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
11. The proposed wireless communication structure must be engineered to
allow the co-location of other service providers.
12. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building.
13. This conditional use permit shall expire five years from the date of
approval by the City Council.
EXHIBIT "A"
PaSje 2 of 2
310-20
REQUEST FOR
COUNCIL ACTION
-~
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
VARIANCE NO. 2005-02 TO ALLOW A
SECONDARY WALL SIGN AT 1441 WEST
SEVENTEENTH STREET - PACIFIC NEON
COMPANY, APPLICANT
.,..\...
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Variance No. 2005-02 as
conditioned.
PLANNING COMMISSION ACTION
On March 28, 2005, the Planning Commission approved Variance No. 2005-02
as conditioned by a vote of 5: 0 (Leo and Lutz absent) to allow a
secondary wall sign on the front elevation of a Target store in the
General Commercial (C2) zoning district at 1441 West Seventeenth Street.
The Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
st1tf H7fi~9
Executive Director
Planning & Building Agency
AN:rb
an\plancomm\vaOS-02.cc
31 E-1
REQUEST FOR
Planning Commission Action
~
gn~-
~
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
MARCH 28, 2005
TITLE:
PUBLIC HEARING - FILED BY PACIFIC
NEON COMPANY FOR VARIANCE NO. 2005-02
TO ALLOW A SECONDARY WALL SIGN FOR
TARGET AT 1441 WEST SEVENTEENTH STREET
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Ann Hsin-An Ni
c;~~
Executive Dir~~
]$----
( Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Variance No. 2005-02 as conditioned.
DISCUSSION
Request of Applicant
Pacific Neon Company, representing Target Corporation, is requesting
approval of Variance No. 2005-02 to allow a secondary wall sign on the
front elevation of a Target store located at 1441 West Seventeenth Street.
Property Description
The property is approximately 7.695 acres in area and is part of the 25.7-
acre Bristol Market Place shopping center located on the northwest corner
of Bristol and Seventeenth Streets. Bristol Market Place is a commercial
center comprised of maj or retail stores, a grocery store, drug store I
restaurants and other general retailers.
The property is located within the General Commercial (C2) zoning
district and has a General Plan land use designation of General
Commercial (GC) with a floor area ratio of 0.5. This site is surrounded
by commercial uses to the east and west along Seventeenth Street. Santa
Ana College is located to the south across Seventeenth Street and Mendez
Fundamental Intermediate School and single-family residences are located
directly to the north of this property (Exhibits 1 and 2) .
EXHIBIT A
31 E-2
variance No. 2005-02
March 28, 2005
Page 2
Project Description
Target is requesting approval of a variance to allow the installation of a
second wall sign on the primary (south) building elevation of an existing
Target store. This elevation currently has a 180 square foot "Target"
sign with a bull's-eye logo over the main entry. There is an identical
sign on the east building elevation. Additionally, Target has signage on
two freestanding pylon signs, one on Bristol Street and another on
Seventeenth Street. The pylon signs are shared with other major tenants
of the shopping center. The proposed second wall sign consist of a six-
foot diameter bull's-eye logo on the far west end of the south elevation
(Exhibits 3 and 4) .
Target is a 122,751 square foot store that was expanded and remodeled in
2004. Target sells general merchandise, including clothing, food,
electronics and housewares. Access to the store is provided from both
Seventeenth and Bristol Streets. A total of 502 parking spaces are
provided on-site. A variance for the reduction of parking spaces was
approved in 1993 based on the shared use concept by various retail uses
within the Bristol Market Place. Additionally, a variance was approved in
1993 to allow a can sign for the Ralph's Supermarket.
In the past, two sign variances were approved by the City to allow
secondary wall signs for Target. A variance was approved in July 2000 to
allow a secondary "pharmacy" sign at 3300 South Bristol Street. Another
variance was approved in November 2001 to allow a secondary "Garden
Center" sign at 1330 East Seventeenth Street.
Analysis of the Issues
The applicant is requesting a variance from Section 41-863(a) and (e) (3)
of the City's sign code in order to install a second wall sign that is a
duplication of the existing bull's-eye logo on the primary (south)
building elevation.
The City's sign code allows no more than one wall sign on each primary
building elevation. One wall sign, including the name "Target" and the
bull's-eye logo, currently exists on the south building elevation over
the primary entrance. An additional wall sign consisting of a 20 square
foot bull's-eye logo is proposed to be placed on the far west corner on
a tower element that proj ects approximately seven feet above the roof
line for this project. Due to the length of the fa9ade, the location of
the additional bull's-eye logo would be approximately 290 feet from the
existing sign.
31 E-3
Variance No. 2005-02
March 28, 2005
Page 3
One purpose of the sign code provision limiting signage is to reduce sign
clutter on the building exterior through prohibiting the duplication of
signage. Since the south elevation is approximately 400 feet in length
and contains only one leasable tenant space, the identical signage on the
same elevation would not result in sign clutter. In addition, the maximum
allowable signage on an elevation is 200 square feet. The existing sign
over the store entry, which is 180 square feet, in conjunction with the
proposed 20 square feet sign would not exceed the maximum area allowed by
code. Based on this rationale, the request to allow a secondary wall sign
that duplicates an existing wall sign on the building is recommended.
In conclusion, staff finds that a second wall sign will not constitute
sign clutter due to the length of the building fa9ade and the total size
of the combined signage being within the code's allowance of 200 square
feet. Staff recommends approval of Variance No. 2005-02 per the
findings and conditions (Exhibit 5 and 6) .
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15311. This exemption applies to a
proj ect that involves the construction of on-premise signs to existing
commercial facilities. Categorical Exemption Environmental Review No.
2004-232 will be filed for this project.
~~2
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variance No. 2005-02
March 28, 2005
Page 1 of 1
Findings of Fact
A. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, that the strict application of the zoning ordinance is
found to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
Chapter.
There are special circumstances applicable to the subject
property. Due to the relative size of the lot and the setback
of the building from the street, the installation of additional
signage will allow Target the ability to identify the store.
The variance will also allow this property to be utilized in a
manner that is consistent with similar surrounding commercial
uses.
B. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance for secondary wall sign is
necessary to preserve property rights, which allows Target the
ability to properly identify the business.
C. That the granting of a variance will not be materially detrimental
to the public welfare or injurious to surrounding property.
The granting of a variance for the secondary wall sign will
not be detrimental to the area. The existing sign, which is
180 square feet, in conjunction with the proposed 20 square
feet sign would not exceed the maximum area allowed by code.
Additionally, the proposed secondary wall sign is proposed to
be placed on the far west corner and is approximately 290 feet
from the existing sign. This will minimize the visual clutter
found on structures with multiple wall signs.
D. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the proposed variance will not adversely affect
the General Plan of the City. The land use designation of
General Commercial (GC) allows signage in conjunction with
retail uses.
~
VA 05-2
3f~JgT5
MARCH 28, 2005
PAGE 1 OF 1
Conditions for Approval
Variance No. 2005-02 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, with all applicable sections of
the Santa Ana Municipal Code I the California Administrative Code, the
Uniform Fire Code, the Uniform Building Code and all other applicable
regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below
throughout the life of the variance. Failure to comply with each and
every condition may result in the revocation of the variance.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review
DP No. 04-90.
2. Any amendment to this variance must be submitted to the
Planning Division for review. At this time, staff will
determine if administrative relief is available or the
variance must be amended.
3~~~1b
KO -4/4/05
RESOLUTION NO. 2005-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2005-02 AS CONDITIONED TO ALLOW A SECONDARY
WALL SIGN ON THE FRONT ELEVATION FOR THE
PROPERTY LOCATED AT 1441 WEST SEVENTEENTH
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Variance 2005-02, to allow a secondary
wall sign on the front elevation for the property located at 1441 West
Seventeenth Street.
B. Variance No. 2005-02 came before the Planning Commission on March
28, 2005 for a duly noticed public hearing.
C. The Planning Commission determines that for Variance No. 2005-02 the
following findings, which must be established pursuant to Santa Ana
Municipal Code Section 41-638 in order to grant a variance from the
provisions of the Santa Ana Municipal Code, have been established:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
There are special circumstances applicable to the subject
property. Due to the relative size of the lot and the setback
of the building from the street, the installation of additional
signage will allow Target the ability to identify the store. The
variance will also allow this property to be utilized in a
manner that is consistent with similar surrounding
commercial uses.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
31 E-11
Resolution No. 2005-08
Page 1 of 4
The granting of the variance for secondary wall sign is
necessary to preserve property rights, which allows Target
the ability to properly identify the business.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of a variance for the secondary wall sign will
not be detrimental to the area. The existing sign, which is
180 square feet, in conjunction with the proposed 20 square
feet sign would not exceed the maximum area allowed by
code. Additionally, the proposed secondary wall sign is
proposed to be placed on the far west corner and is
approximately 290 feet from the existing sign. This will
minimize the visual clutter found on structures with multiple
wall signs.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the proposed variance will not adversely
affect the General Plan of the City. The land use
designation of General Commercial (GC) allows sign age in
conjunction with retail uses.
D. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15311. This exemption applies to
a project that involves the construction of on-premise signs to existing
commercial facilities. Categorical Exemption Environmental Review No.
2004-232 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Variance No. 2005-02 as conditioned in Exhibit A
attached hereto and incorporated herein as though fully set forth. This decision is
based upon the evidence submitted at the abovesaid hearing, which includes but not is
not limited to: the Staff reports and exhibits attached thereto; and the public testimony
all of which are incorporated herein by this reference.
ADOPTED this 28th day of March, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Mondo, Nalle (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo, Lutz (2)
ABSTENTIONS: Commissioners: None (0)
31 E-12
Resolution No. 2005-08
Page 2 of 4
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2005-08 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on March 28, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
31 E-13
Resolution No. 2005-08
Page 3 of 4
Conditions for Approval for Variance No. 2005-02
Variance No. 2005-02 is approved subject to compliance, to the reasonable satisfaction
of the Planning Commission, with all applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Plannina Division
1 . The project shall remain in compliance with Site Plan Review DP No. 04-
90.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At this time, staff will determine if administrative relief
is available or the variance must be amended.
Exhibit "A"
31 E-14
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2005-03
TO ALLOW THE OVERNIGHT PARKING OF
CERTAIN VENDING TYPE VEHICLES AT
2520 SOUTH BIRCH STREET IN THE
LIGHT INDUSTRIAL ZONING DISTRICT -
ABEL 72~'~Ia"
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
---- -~-.
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2005-03 as conditioned.
PLANNING COMMISSION ACTION
On April 11, 2005, the Planning Commission approved Conditional Use
Permit No. 2005-03 as conditioned by a vote of 5:1 (Cribb opposed,
Gartner abstained) to allow the overnight parking of certain vending type
vehicles in the Light Industrial (M1) zoning district at 2520 South Birch
Street. After receiving public testimony, the Planning Commission added
conditions to the project to enhance landscaping and replace an existing
chain link fence with a masonry wall. A condition was also added to
require all trucks parked at the facility to obtain a Santa Ana City
Business License. The Planning Commission recommended conditions of
approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
St1t!zfd
Executive Director
Planning & Building Agency
BA:rb
ba\reports2005\cup05-03 Abel Food.cc
31 F-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
APRIL 11, 2005
TITLE:
PUBLIC HEARING - FILED BY ABEL SALAZAR
FOR CONDITIONAL USE PERMIT NO. 2005-03
TO ALLOW THE OVERNIGHT PARKING OF CERTAIN
VENDING TYPE VEHICLES AT 2520 SOUTH BIRCH
STREET IN THE LIGHT INDUSTRIAL ZONING
DISTRICT
Prepared by Bill Apple
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
_#7~
Execu~ Director
~ing Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2005-03 as
conditioned.
DISCUSSION
Request of Applicant
Abel Salazar of Abel Food Service is requesting approval of a
conditional use permit to allow the overnight parking of ice cream,
delivery, and packaged grocery vehicles in the Light Industrial zoning
district at 2520 South Birch Street.
Property Description
The project site is located at the southwest corner of Birch Street and
Central Avenue and is developed with a 140 1000 square foot industrial
building and two detached accessory structures. The site is approximately
9.73 acres in size and is zoned Light Industrial (M-1) which is consistent
with the General Plan designation of Industrial (IND) for the area.
Access to the site is from Birch Street and Central Avenue. The site is
surrounded on all sides by industrial uses. The overnight parking of
certain vending vehicles is proposed on 2.88 acres on the north side of
the site (Exhibit 1).
Project Description
Abel Food Service is approved to operate a 40,000 square foot packaged
wholesale grocery warehouse business within an existing 140,000 square
foot industrial building. The warehouse nature of this use is allowed by
EXHIBIT A
31 F-2
Conditional Use Permit No. 2005-03
April 11, 2005
Page 2
right in the M-1 zoning district. The leased warehouse space is located
on the north side of the building with access to the business occurring
from Central Avenue. The applicant is requesting a conditional use permit
to use approximately 2.88 acres of the site as a location where owners of
ice cream, delivery and packaged grocery vehicles can park their trucks
when they are not conducting business, whether in Santa Ana or other
communities. The site will be striped to accommodate up to 212
independently owned and operated vending vehicles. The trucks will be
tandem parked, one behind another, leaving a central drive aisle for
access and vehicle circulation. Employees will use spaces vacated by the
vending trucks for parking. Trucks can purchase packaged food items and
uncut produce from the on-site grocery warehouse. Trucks will leave the
site daily to conduct their normal business activities, returning in the
late afternoon and evening to park their vehicles (Exhibits 2 and 3) .
Electrical hook-ups will be provided in the parking area to supply the
electrical power necessary to keep refrigeration units operating while the
trucks are parked at the facility. A trash enclosure large enough to
accommodate four trash bins is provided on site. All potholes and
deteriorated paving will be repaired and the site will be slurry coated
and restriped to meet City standards. Lighting will be added to the site
to comply with Police Department codes and requirements. The site is
screened from view by a masonry wall along Birch Street. Slats and vines
will be installed to cover an existing chain link fence that will screen
the site from Central Avenue. No vehicle repair or washing will take
place at the facility. These activities, when necessary, will take place
off site at independent repair and wash facilities.
Analysis of the Issues
Many of the vending vehicles that operate daily within the City of Santa
Ana are owned or operated by individuals who live in the community. These
vehicles are often parked overnight on City streets and in residential
areas, partly due to the lack of safe, enclosed, off street parking
facilities for them. Currently there are four sites in the City that
serve as commissaries for produce and ice cream trucks (Exhibit 4)
The City's zoning code does not specifically designate a zoning district
where vending vehicles can be stored or parked overnight. The Planning
Division has reviewed the zoning code and has made the determination that
the parking of vending vehicles is a use similar in nature to a freight,
bus and truck terminal, which allows the storage and dispatch of larger
31 F-3
Conditional Use Permit No. 2005-03
April 11, 2005
Page 3
scale vehicles with a conditional use permit in the Light Industrial (M-1)
zone. The subj ect site is located in the M-1 zoning district and is
surrounded by industrial uses. Because of the industrial character of the
area, staff believes that the subject property is an appropriate location
to park vending vehicles. The conditional use permit allows the City to
condition the project and mitigate potential impacts on surrounding
property owners. The proj ect has been conditioned to only allow the
parking of vending trucks that sell packaged food and uncut produce items
at this facility. These vehicles include ice cream, delivery and packaged
grocery trucks as defined and licensed by the Orange County Health
Department (each truck will require a Health Department license). Because
these types of trucks vend uncut whole fruit and food items that are
packaged, they tend to be cleaner than those trucks that prepare or cook
food on the vehicle. At a future date, should the applicant propose to
expand the use to park catering trucks where food is cooked or prepared on
the vehicle, or should the applicant propose to wash or repair vehicles on
site, a new conditional use permit would be required and the site would
need to be brought into compliance with the Light Industrial zoning
standards. Items such as wash bays with canopies, clarifiers, oil and
grease separators, and landscaping would need to be added to the site,
which is currently not required based upon the scope of the proposed
project. Staff has also conditioned the project to be maintained litter
free with regular trash bin pickups. The use of barbed wire would not be
allowed at the facility and any graffiti would need to be removed within
24 hours. In addition, the applicant has provided parking spaces for 212
vehicles/ which would be the maximum number of vehicles allowed to park on
the site. The size of the trucks parked at the facility is limited to the
size of vehicles that fit into the designated parking spaces shown on the
approved site plan. Trucks are not permitted to be parked in fire lanes
or drive aisles.
It is anticipated that the number of vending trucks parked overnight in
residential areas will decrease if an alternative location is provided
that is safe from vandals and other hazards. This will free up parking
spaces in local neighborhoods where trucks are currently being stored
overnight on City streets.
After receiving public testimony at the meeting held March 28, 2005/ the
Planning Commission continued this item for two weeks and directed staff
to research whether the proposed proj ect was in conformance with the
City's adopted Vending Vehicle Ordinance (Ordinance No. NS-2655) and
proposed changes to that ordinance. The Commission also raised questions
31 F-4
Conditional Use Permit No. 2005-03
April 11, 2005
Page 4
regarding employee parking, whether trucks parking at the facility could
be limited to just those trucks doing business in the City of Santa Ana,
and whether vendors would actually pay a monthly fee to park at the
proposed facility.
The proposed proj ect is in compliance with the City's current vending
ordinance. The ordinance governs the operation of vending trucks when
they are actually vending product and does not conflict with the overnight
parking of vending trucks at the proposed facility. There are currently
discussions taking place with the industry to amend the current ordinance
to designate specific locations in the City where vending vehicles could
be parked on a permit only basis. These discussions are on-going and have
not yet been finalized, however should overnight parking of vending trucks
be restricted to designated spaces, the need for a facility, such as that
proposed by the applicant, would increase.
Regarding employee parking, there are 40 parking spaces that have been
designated for employee and customer parking, based upon the 40,000 square
foot warehouse use. As designed, employees would use these spaces during
the day when vending trucks have vacated the site, and vending trucks
would use these spaces to park overnight when there are limited employees
on site.
The Commission also expressed concerns that this site not become a
regional parking facility for vending trucks that do not do business in
Santa Ana. While it is difficult to regulate or dictate in which
communities vending trucks actually conduct their business, a condition
could be placed on the project requiring that all trucks parking at the
facility first obtain a current Santa Ana City business license, which
would be posted on their vehicle. Having to pay an annual City business
license fee would provide a disincentive for trucks parking at the
facility but doing business in other communities.
Finally, a question was raised as to why a vendor would pay a monthly fee
to park at the facility. Vendors would park at this facility because it
provides a safe environment for vending trucks to park free from graffiti
and other vandalism, the ability to purchase supplies and packaged food
items on-site at the facility, electricity is available so refrigeration
units can be kept in operation while the vehicle is parked at the
facility, and knowing that they have a designated legal location to park
when not in operation rather than having to find locations to park on City
streets.
31 F-5
Conditional Use Permit No. 2005-03
April 11, 2005
Page 5
Based upon the above analysis and findings (Exhibit 5), it is recommended
that the Planning Commission approve Conditional Use Permit No. 2005-03 as
conditioned (Exhibit 6).
CEQA Compliance
This proj ect was reviewed in accordance with the guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15301. This Class 1 exemption allows
rehabilitation of damaged facilities and structures. Categorical
Exemption Environmental Review No. 2004-176 will be filed for this
project.
\
"13~ rLA~AJ' 9-
Bill Apple .....- r-r - .
Associate Planner
u~
Vince Frego
Senior PlaIT
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ABEL FOOD SERVICE
2520 SOUTH BIRCH STREET
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EXHIBIT 2
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COUNTY OF ORANGE
HEALTH CARE AGENCY
REGULATORY HEALTH SERVICES
ENVIRONMENTAL HEALTH
,- Excellence
Q, ?j6~grity
~ervlce
JUUETTE A. POULSON, RN, MN
DIRECTOR
D~V1D L.. RILEY
ASSISTANT DIRECTOR
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES
STEVEN Ie. WONG. REHS, MPH
DIRECTOR
ENVIRONMENTAL HEALTH
MAIUNG ADDRESS:
1241 EAST OYER ROAD, SUITE 120
SANTA ANA. GA Q270Q-5611
TELEPHONE: (714) 433-6090
FAX: (714) 754-1768
E-MAIL: llheall110ochca.com
COMMISSARIES APPROVED FOR SERVICING AND STORAGE FOR MOBILE
FOOD FACILITIES AND MOBILE FOOD PREPARATION UNITS
The Califomia Health and Safety Code, Section 104, Part 7. Chapter 4. Article II, Section
Il4265(i) and Article 12, Section 114287 states that mobile food facilities mobile food
preparation units shall operate out of and be stored at a conunissary or other facility approved by
the enforcement agency.
The following is a list of approved commissaries that specialize in serving mobile food
preparation units and/or mobile food facilities in Orange County. This list is provided for your
convenience only and it does not constitute a recommendation by this Agency.
PUSH CART COMMISSARIES
Raspados Estilo Mexico
2004 South Yale Unit #D
Santa Ana, CA 92704
(714) 557-3523
Andre Alquisira
Melodee Ice Cream
2649 W. First Sr.
Santa Ana, CA 92703
(714) 543-6251
David Sarin
Orange County Cart Commissary
3916 East Miraloma
Anaheim, CA 92631
(714) 774-1734
Marlene Brown
Spectacular Catering
717 South Dunn Way
Placentia, CA 92870
(714) 637-2048
Ed Dart
31 FM4ISlT 4
Mobile Food Unit Commissaries
Page 2
PRODUCElICE CREAM TRUCK COMMISSARIES
Tropical Ice Cream
1236 W. Slh Street
Santa Ana. CA 92703
(714) 547-1394
All Zandi
Melodee Ice Cream
2649 W. First St.
Santa Ana, CA 92703
(714) 543-6251
David Sarin
Delite Distributions
114 S. Lemon #B
Fullerton, CA 92832
(714) 992-1600
Corey or Mitch Mills
Frank's Produce
1211 S. Harbor Blvd.
Santa Ana, CA 92703
(714) 554-8253
Francisco Gonzalez
Barajas Produce
538 S. Rose
Anaheim, CA 92805
(714) 533-7455
Javier Barajas
Okeh Caterers
2115 East Orangewood Ave.
Anaheim, CA 92806
(714) 634-4944
Tom Lamb
La Bodega
810 E. 2nd Street
Santa Ana. CA 92701
(714) 647-1370
Abel Salazar Lopez
MOBILE FOOD PREPARATION UNIT COMMISSARIES
CharHes Foods Inc.
201 South Mountain View
Santa Ana, CA 92704
(714) 839-6332
Charlie Akoboff
Okeh Caterers
2115 East Orangewood
Anaheim. CA 92806
(714) 634-4944
Tom Lamb
International Catering
16221 Construction Circle West
Irvine, CA 92714
(949) 552-5457
Rasrni Ihmud
Orange County Food Services
3017 East Miraloma
Anaheim, CA 92806
(714) 630-1900
Larry LaGant
Garlinda Catering
2419 Soutb Broadway
Santa Ana. CA 92707
(714) 546-3116
Gary Schnaible
Royal Catering
1500 East Cemtos Ave.
Anaheim. CA 92307
(714) 774-4035
Juan Vasquez
CART COMMISSARIES.doc/food vehicles
31 F-12
Conditional Use Permit No. 2005-03
April 11, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
It is anticipated that the number of vending trucks parked
overnight in residential areas will decrease if an alternative
location is provided that is safe from vandals and other
hazards, thus providing a facility that will contribute to the
general well being of local neighborhoods and the community.
Decreasing the amount of these trucks that are currently being
parked overnight on City streets will also free up additional
parking spaces that are needed for parking in local
neighborhoods.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The City's zoning code does not specifically designate a zoning
district where vending vehicles can be stored or parked
overnight. The Planning Division has reviewed the zoning code
and has made the determination that the parking of vending
vehicles is a use similar in nature to a freight, bus and truck
terminal, which allows the storage and dispatch of larger scale
vehicles in the Light Industrial (M-1) zoning district with a
conditional use permit. The subject site is located in the M-1
zoning district and is surrounded by industrial uses. The use
is compatible with the industrial character of the area and
therefore would not be detrimental to the general welfare of
persons residing or working in the vicinity.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The parking
adversely
development
appropriate
conditioned
of vending trucks at the facility will not
affect the economic stability or economic
of properties in the surrounding area. The use is
in an industrial zone and the proj ect has been
to only allow trucks that vend packaged food items
3~~~13
Conditional Use Permit No. 2005-03
April 111 2005
Page 2 of 2
and do not cook or prepare food on the vehicle to park at the
facility. The project will help rehabilitate a site that has
over time become deteriorated. The economic investment in the
site will stimulate additional investment in the areal which
will have a positive effect on the economic stability and
future economic development in the area.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The Planning Division has reviewed the zoning code and has made
the determination that the parking of vending vehicles I where
food is not prepared or cooked on the vehiclel is a use similar
in nature to a freight I bus and truck terminal I which allows the
storage and dispatch of larger scale vehicles in the Light
Industrial (M-1) zoning district with a conditional use permit.
The property is considered legal nonconforming and improvements
are being made to the site to bring the property into closer
compliance with city codes as specified in Chapter 41 for such
use.
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proj ect has been reviewed by the Planning Division and a
determination has been made that the parking of ice creaml
delivery and packaged grocery vehicles is an appropriate use
with a conditional use permit in the Light Industrial district
and therefore is also consistent with the General Plan
designation of industrial for the area. There are no specific
plans that govern development in the area. Therefore I the
proj ect would not adversely affect the General Plan or any
specific plans of the City.
31F-14
APRIL 11, 2005
PAGE 1 OF2
Conditions for Approval
Conditional Use Permit No. 2005-03 is approved subject to
the reasonable satisfaction of the Planning Manager, with
sections of the Santa Ana Municipal Code, the California
Code, the Uniform Fire Code, the Uniform Building Code
applicable regulations.
compliance, to
all applicable
Administrative
and all other
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. The applicant must comply with all conditions and requirements
of the Development Review Committee and the site plan approved
for this development project (DP No. 04-056).
2. Any amendment to this conditional use permit must be submitted
to the Planning Division for review. At that time, staff will
determine if administrative relief is available or the
conditional use permit must be amended.
3. This conditional use permit does not apply to vending vehicles,
lunch wagons, mobile food preparation units or any other
vehicles where food items are prepared or cooked on the
vehicle. These vehicles shall not be parked or stored on the
site without a new conditional use permit being approved by the
City Council.
4. No washing of vehicles or vehicle repair is permitted at this
facility.
5 .
Prior to issuance of a Certificate
deteriorated pavement and potholes shall
site slurry coated. All parking areas
designated on the approved plan.
of Occupancy, all
be repaired and the
shall be striped as
6. The site shall be maintained free of potholes and deteriorated
paving as part of a normal maintenance schedule.
!YfPl~ S
MARCH 28, 2005
PAGE20F2
7. No barbed wire shall be allowed or used at the facility.
8. The site shall be maintained litter free and kept in a clean
and safe condition. All boxes shall be broken down flat
before they are put in trash bins. All trash bins shall be
emptied on a regular basis so that the site remains litter
free and trash does not accumulate and overflow from bins.
9. The size of the trucks parked at the facility are limited In
size to those that fit in the designated parking spaces shown
on the approved site plan. Trucks are not permitted to be
parked in designated drive aisles or fire lanes.
10. Prior to issuance of a Certificate of Occupancy, slats shall be
provided on the chain link fence adj acent to Central Avenue.
At the base of the fence, irrigated vine pockets planted with
Boston Ivy shall be provided every 15 feet to cover the chain
link fence or any future wall that may replace the chain link
fence. The vines shall be irrigated and maintained in good
condition for the life of the project.
11. All graffiti shall be removed within 24 hours.
B. Police Department
1. Existing building and parking lot lighting must conform to the
Building Security Ordinance. These code conditions will
require that the existing projects lighting, door/window
locking devices and addressing be upgraded to current code
standards.
31 F-16
KO - 4/12/05
RESOLUTION NO. 2005-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2005-03 AS CONDITIONED TO ALLOW
THE STORAGE OF VENDING VEHICLES AT THE
PROPERTY LOCATED AT 2520 SOUTH BIRCH STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2005-03 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
April 11, 2005.
B. Conditional Use Permit No. 2005-03 has been filed with the City of Santa
Ana seeking to allow the overnight parking of ice cream, delivery, and
packaged grocery vehicles in the Light Industrial zoning district at 2520
South Birch Street.
C. The City's zoning code does not specifically designate a zoning district
where vending vehicles can be stored or parked overnight. The parking of
vending vehicles is a use similar in nature to a freight, bus and truck
terminal, which allows the storage and scale vehicles with a conditional
use permit in the Light Industrial (M-1) zone.
D. Pursuant to Santa Ana Municipal Code Section 41-472.5, a Conditional
Use Permit is required for Freight, Buss and truck terminals.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
i. The number of vending trucks parked overnight in residential
areas will decrease if an alternative location is provided that
is safe from vandals and other hazards. Also, by decreasing
the amount of vending trucks that are currently being parked
overnight on City streets this will free up additional parking
31 F-17
Resolution No. 2005-09
Page 1 of 4
spaces that are needed for parking in local neighborhoods.
As such, this facility will contribute to the general well being
of local neighborhoods and the community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The City's zoning code does not specifically designate a
zoning district where vending vehicles can be stored or
parked overnight. The Planning Division has reviewed the
zoning code and recommended to the Planning Commission
that the parking of vending vehicles is a use similar in nature
to a freight, bus and truck terminal, which allows the storage
and dispatch of larger scale vehicles in the Light Industrial
(M-1) zoning district with a conditional use permit. The
subject site is located in the M-1 zoning district and is
surrounded by industrial uses. The use is compatible with
the industrial character of the area and therefore would not
be detrimental to the general welfare of persons residing or
working in the vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The parking of vending trucks at the facility will not adversely
affect the economic stability or economic development of
properties in the surrounding area. The use is appropriate in
an industrial zone and the project has been conditioned to
only allow trucks that vend packaged food items and do not
cook or prepare food on the vehicle to park at the facility.
The project will help rehabilitate a site that has over time
become deteriorated. The economic investment in the site
will stimulate additional investment in the area, which will
have a positive effect on the economic stability and future
economic development in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The Planning Division has reviewed the zoning code and
recommended to the Planning Commission that the parking
of vending vehicles, where food is not prepared or cooked
on the vehicle, is a use similar in nature to a freight, bus and
truck terminal, which allows the storage and dispatch of
larger scale vehicles in the Light Industrial (M-1) zoning
31 F-18
Resolution No. 2005-09
Page 2 of 4
district with a conditional use permit. The property is
considered legal nonconforming and improvements are
being made to the site to bring the property into closer
compliance with city codes as specified in Chapter 41 for
such use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The project has been reviewed by the Planning Division and
recommended to the Planning Commission that the parking
of ice cream, delivery and packaged grocery vehicles is an
appropriate use with a conditional use permit in the Light
Industrial district and therefore is also consistent with the
General Plan designation of industrial for the area. There
are no specific plans that govern development in the area.
Therefore, the project would not adversely affect the General
Plan or any specific plans of the City.
F. This project was reviewed in accordance with the guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15301. This Class 1 exemption
allows rehabilitation of damaged facilities and structures. Categorical
Exemption Environmental Review No. 2004-176 will be filed for this
project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2005-03 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the abovesaid hearing, which includes but not is not limited to: the Request for Planning
Commission Action dated April 11, 2005 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 11 th day of April, 2005 by the following vote:
AYES: Commissioners: De La Torre. Leo. Lutz. Mondo. Nalle (5)
NOES: Commissioners: Cribb (1)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Gartner (1)
Glenn Mondo
Chairperson
31 F-19
Resolution No. 2005-09
Page 3 of 4
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-09 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on April 11, 2005.
Date:
Planning Commission Secretary
City of Santa Ana
31 F-20
Resolution No. 2005-09
Page 4 of 4
Conditions for Approval for Conditional Use Permit No. 2005-03
Conditional Use Permit No. 2005-03 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Plannina Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee and the site plan approved for this
development project (DP No. 04-056).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. This conditional use permit does not apply to vending vehicles, lunch
wagons, mobile food preparation units or any other vehicles where food
items are prepared or cooked on the vehicle. These vehicles shall not be
parked or stored on the site without a new conditional use permit being
approved by the City Council.
4. No washing of vehicles or vehicle repair is permitted at this facility.
5. Prior to issuance of a Certificate of Occupancy, all deteriorated pavement
and potholes shall be repaired and the site slurry coated. All parking areas
shall be striped as designated on the approved plan.
6. The site shall be maintained free of potholes and deteriorated paving as
part of a normal maintenance schedule.
7. No barbed wire shall be allowed or used at the facility.
8. The site shall be maintained litter free and kept in a clean and safe
condition. All boxes shall be broken down flat before they are put in trash
bins. All trash bins shall be emptied on a regular basis so that the site
remains litter free and trash does not accumulate and overflow from bins.
EXHIBIT "A"
P~F~~1
9. The size of the trucks parked at the facility are limited in size to those that
fit in the designated parking spaces shown on the approved site plan.
Trucks are not permitted to be parked in designated drive aisles or fire
lanes.
10. All graffiti shall be removed within 24 hours.
11. Prior to issuance of a Certificate of Occupancy, an eight foot high masonry
wall shall be provided to replace the chain link fence adjacent to Central
Avenue. At the base of the wall, irrigated vine pockets planted with
Boston Ivy shall be provided every 15 feet to cover the masonry wall. The
vines shall be irrigated and maintained in good condition for the life of the
conditional use permit.
12. Prior to issuance of a Certificate of Occupancy, all trash enclosures shall
be equipped with locking covers or lids.
13. Prior to issuance of a Certificate of Occupancy, a landscape plan shall be
approved by the City that provides trees and landscaping to the extent
practicable along all street frontages occupied by this project.
14. To the extent permitted by the Santa Ana Municipal Code, all vending
vehicles parking at the facility must first obtain a valid Santa Ana City
Business license and/or other necessary permits or licenses which shall
be posted on the vehicle.
B. Police Department
1. Existing building and parking lot lighting must conform to the Building
Security Ordinance. These code conditions will require that the existing
projects lighting, door/window locking devices and addressing be
upgraded to current code standards.
EXHIBIT "A"
P~ ~~22
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
ORDINANCE AMENDING CABLE
TELEVISION CUSTOMER SERVICE
STANDARDS
9~(Z.
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance amending Section 15-258 of the Santa Ana Municipal Code
related to customer protection and service standards for cable television
franchises in the City.
DISCUSSION
In conjunction with the proposed renewal of the Adelphia cable television
franchise, staff is recommending that the City's customer protection and
service standards affecting the new franchise be updated. The proposed new
Section 15-258 establishes comprehensive requirements for issues such as
telephone call response times, local payment and equipment exchange
offices, emergency repair response and staffing standards, billing and
complaint procedures, and subscriber complaints and disputes. The ordinance
also establishes standards for imposition of penalties by the City for the
franchisee's failure to comply with these requirements. These new
provisions will go into effect along with the franchise agreement.
FISCAL IMPACT
There is no fiscal impact associated with this action.
A~
Gerardo Mouet
Executive Dir ctor
Parks, Recreation and
Community Services Agency
50A-1
(JWF 4/6/05)
ORDINANCE NO. NS-2682
AN ORDINANCE OF THE CITY OF SANTA ANA
REPEALING AND AMENDING IN ITS ENTIRETY
SECTION 15-258 OF ARTICLE II OF CHAPTER 15
OF THE SANTA ANA MUNICIPAL CODE RELATING
TO CONSUMER PROTECTION AND SERVICE
STANDARDS, AND REPEALING ARTICLE III OF
CHAPTER 15.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 15-258 of Article II of Chapter 15 of the Santa Ana
Municipal Code is repealed and amended in its entirety to read as follows:
"Sec. 15-258 Consumer Protection and Service Standards
(a) Operational Standards
(1) Grantee must maintain the necessary facilities, equipment,
and personnel to comply with the following consumer
protection and service standards under "normal operating
conditions" as that term is defined below in subsection (4):
a. Provide sufficient toll free telephone line capacity during
normal business hours to ensure that telephone calls
are answered promptly. Telephone answer time by a
customer service representative, including wait time,
shall not exceed 30 seconds when the connection is
made. Callers who must be transferred may not be
required to wait more than 30 seconds before being
connected to a service representative.
b. Under normal operating conditions, callers may not
receive a busy signal more than three percent of the
time, measured on a quarterly basis.
c. Provide emergency toll-free telephone line capacity on a
24-hour basis, including weekends and holidays. After
normal business hours, the telephone calls may be
answered by a service or an automated response
system, including an answering machine. Calls received
50A-2
Ordinance No. NS-XXX
Page 1 of 13
Ordinance No. NS-XXX
Page 2 of 13
after normal business hours must be responded to by a
trained company representative on the next business
day.
d. Provide a conveniently-located local business and
service or payment office open during normal business
hours at least eight hours daily on weekdays, and at
least four hours weekly on evenings or weekends, and
adequately staffed with trained customer service
representatives to accept subscriber payments and to
respond to service requests, inquiries, and complaints.
e. Provide an emergency system maintenance and repair
staff, capable of responding to and repairing major
system malfunctions on a 24-hour per day basis.
f. Maintain a trained installation staff to provide service to
any subscriber requiring a standard installation within
seven days after receipt of a request, or such longer
time as may be requested by the subscriber, in all areas
where trunk and feeder cable have been activated.
"Standard installations" are those that are located up to
150 feet from the existing distribution system, unless
otherwise defined in the franchise agreement.
g. The Grantee must schedule, within a specified four-hour
time period Monday through Saturday (legal holidays
excluded), all appointments with subscribers for
installation of service, service calls, and other activities
at the subscriber's location. The Grantee may schedule
installation and service calls outside of normal business
hours for the convenience of the subscriber. The
Grantee may not cancel an appointment with a
subscriber after the close of business on the business
day prior to the scheduled appointment. If a Grantee
representative is delayed in keeping an appointment
with a subscriber and will not be able to honor the
scheduled appointment, the subscriber must be
contacted prior to the time of the scheduled
appointment, and the appointment must be rescheduled,
as necessary, at a time that is convenient for the
subscriber. The Grantee must undertake appropriate
quality control measures to ensure that the customer is
satisfied with the work.
50A-3
h. Subscribers who have experienced a late or a missed
appointment due to the fault of the Grantee will either
receive an installation free of charge or a $20 credit.
I. Upon a subscriber's request, the Grantee will arrange for
pickup or replacement of converters or other equipment
provided by the Grantee at the subscriber's address
within 14 days after the request is made if the subscriber
is mobility-limited.
(2) Under normal operating conditions, the standards of
subparagraphs a, b, c, and g, above must be met not less
than ninety percent of the time, measured on a quarterly
basis. The standards of subparagraph f, above must be met
not less than ninety-five percent of the time, measured on a
quarterly basis.
(3) As used in this paragraph (a), the term "normal business
hours" means those hours during which most similar
businesses in the community are open to serve customers.
In all cases, "normal business hours" must include some
evening hours at least one night per week, or some weekend
hours, or both.
(4) As used in this paragraph (a), the term "normal operating
conditions" means those service conditions that are within
the control of the cable operator. Conditions that are not
within the control of the cable operator include, but are not
limited to, natural disasters, civil disturbances, power
outages, telephone network outages, and severe or unusual
weather conditions. Conditions that are ordinarily within the
control of the cable operator include, but are not limited to,
special promotions, pay-per-view events, rate increases,
regular peak or seasonal demand periods, and maintenance
or upgrade of the cable system.
(b) Service Standards
(1) The Grantee will render efficient service, make repairs
promptly, and interrupt service only for good cause and for
the shortest time possible. Except in emergency situations,
scheduled interruptions will occur during a period of
minimum use of the cable system, preferably between
midnight and 6:00 a.m. Unless the scheduled interruption
lasts for no more than two hours and occurs between
midnight and 6:00 a.m. (in which event 24-hours prior notice
50A-4
Ordinance No. NS-XXX
Page 3 of 13
must be given to the City), 48-hours prior notice must be
given to subscribers.
(2) The Grantee will maintain a repair force of technicians who
will respond to subscriber requests for service within the
following time frames:
a. For a system outage: Within two hours, including
weekends, of receiving subscriber calls or requests for
service that by number identify a system outage of sound
or picture of one or more channels, affecting five or more
subscribers of the system.
b. For an isolated outage: Within 24-hours, including
weekends, of receiving requests for service identifying an
isolated outage of sound or picture for one or more
channels.
c. For inferior signal quality: No later than the following
business day, excluding Sundays and holidays, after a
request for service identifying a problem concerning
picture or sound quality.
(3) The Grantee will be deemed to have responded to a request
for service under the provisions of this paragraph (b) when a
technician arrives at the service location and begins work on
a problem that cannot be corrected from a remote location.
If a subscriber is not home when the technician arrives, the
technician must leave written notification of arrival.
(4) The Grantee may not charge for the repair or replacement of
defective or malfunctioning equipment provided by the
Grantee to subscribers, unless the defect or malfunction was
caused by the subscriber.
(5) The Grantee must determine the nature of the problem
within 24 hours after commencing work and resolve all
cable system related problems within three business days,
unless technically infeasible.
(c) Billing and Information Standards
(1) Subscriber bills must be clear, concise, and understandable.
Bills must be fully itemized, with itemizations including, but
not limited to, basic and premium service charges and
equipment charges. Bills also must clearly delineate all
Ordinance No. NS-XXX
Page 4 of 13
50A-5
activity during the billing period, including optional charges,
rebates, and credits.
(2) The first billing to a subscriber after a new installation or
service change must be prorated based upon when the new
or changed service commenced. Subscribers must not be
charged a late fee or otherwise penalized for any failure
attributable to the Grantee, including the failure to timely or
correctly bill the subscriber.
(3) In case of a billing dispute, the Grantee must respond in
writing to a written complaint from a subscriber within 10
days after receiving the complaint at the office specified on
the billing statement for receiving that complaint.
(4) Upon request by a subscriber, credits or refunds must be
provided by Grantee to subscribers who experience an
outage, interruption, or disconnection of service of four or
more consecutive hours, provided that such loss of service is
neither caused by the subscriber nor attributable to
scheduled repairs, maintenance, or construction in
circumstances where Grantee has provided advance written
notice to a subscriber, and the loss of service does not
exceed the time period specified by Grantee. For
subscribers terminating service, credits or refunds must be
issued promptly, but no later than 30 days after the return of
any Grantee-supplied equipment.
(5) The Grantee must provide written information on each of the
following matters at the time of the installation of service, at
least annually to all subscribers, and at any time upon
request:
a. Products and services offered.
b. Prices and options for programming services and
conditions of subscription to programming and other
services.
c. Installation and service maintenance policies.
d. Instructions on the use of the cable service.
e. Channel positions of programming carried on the
system.
50A-6
Ordinance No. NS-XXX
Page 5 of 13
f. Billing and complaint procedures, including the
address and telephone number of the City's office
designated for dealing with cable related issues.
g. Consumer protection and service standards and
penalties for noncompliance.
(6) Subscribers must be notified of any changes in rates,
programming services, or channel positions as soon as
possible through announcements on the cable system and in
writing. Notice must be given to subscribers a minimum of
30 days in advance of those changes if the change is within
the control of the Grantee. In addition, Grantee will
endeavor to notify the City of those changes at least five
working days before subscribers are notified.
(7) The Grantee must maintain a public file containing all notices
provided to subscribers under these consumer protection
and service standards and all published promotional offers
made by Grantee to subscribers. These documents must be
maintained for a minimum period of two years.
(d) Verification of Compliance with Standards
(1) Upon 30 days prior written notice, the City may require the
Grantee to provide a written report demonstrating its
compliance with any of the consumer service standards
specified in this section. The Grantee must provide sufficient
documentation to enable the City to verify compliance.
(2) A repeated and verifiable pattern of noncompliance with the
consumer protection and service standards of this section,
after the Grantee's receipt of written notice and an
opportunity to cure, may be deemed a material breach of the
franchise agreement.
(3) With regard to the Grantee's telephone response obligations
set forth above in subparagraphs a, b, and c of Section 15-
258(a)(1), if the City gives written notice to Grantee that
Grantee is in violation of any of these obligations, then upon
City's request the Grantee must submit summary information
on either a monthly or a quarterly basis until such time as
Grantee has demonstrated compliance for two consecutive
calendar quarters.
Ordinance No. NS-XXX
Page 6 of 13
50A-7
(e) Subscriber Complaints and Disputes
(1) The Grantee must establish written procedures for receiving,
acting upon, and resolving subscriber complaints without
intervention by the City. The written procedures must
prescribe the manner in which a subscriber may submit a
complaint, either orally or in writing, specifying the
subscriber's grounds for dissatisfaction. The Grantee must
file a copy of these procedures with the City. These
procedures must include a requirement that the Grantee
respond in writing to any written complaint from a subscriber
within 10 days after receiving the complaint at the office
specified on the billing statement for receiving that
complaint, as provided for above in Section 15-258(c)(3).
(2) Upon request, and subject to applicable law protecting
subscriber privacy rights, the City has the right to review the
Grantee's response to subscriber complaints.
(3) All subscribers have the right to continue receiving service
so long as their financial and other obligations to the Grantee
are honored. If the Grantee elects to rebuild, modify, or sell
the system, or if the City gives notice of intent to terminate or
not to renew the franchise, the Grantee must act so as to
ensure that all subscribers receive service while the
franchise remains in force.
(4) Upon a change of control of the Grantee, or if a new
operator acquires the cable system, the original Grantee
must cooperate with the City, the new Grantee, or the new
operator in maintaining continuity of service to all
subscribers. During that transition period, the Grantee is
entitled to the revenues derived from its operation of the
cable system.
(f) Disconnection/Downgrades
(1) A subscriber may terminate service at any time, and the
Grantee must promptly comply with the subscriber's request
within seven days or at any later time requested by the
subscriber. No period of notice prior to voluntary termination
of service may be required of subscribers. Grantee will
impose no charges for the voluntary termination of service
unless a service call to the subscriber's premises is required
50A-8
Ordinance No. NS-XXX
Page 7 of 13
to remove a converter box or other equipment or property
owned by Grantee.
(2) Grantee may, in accordance with applicable law, charge a
reasonable fee to downgrade service.
(3) The Grantee may disconnect a subscriber's service in
compliance with paragraphs (i), 0), and (k) of Section
53088.2 of the California Government Code. If service is
disconnected for nonpayment of past due fees or charges,
the Grantee must promptly reinstate service upon payment
in full by the subscriber of all such fees and charges,
including late charges.
(4) Notwithstanding the requirements of subsection (3) above,
immediately disconnect service to a subscriber if the
subscriber is damaging or destroying the Grantee's cable
system or equipment.
(5) The Grantee may also disconnect service to a subscriber
when it causes signal leakage exceeding federal limits. If
service is disconnected, the Grantee will immediately
resume service without charge upon the satisfactory
correction of the signal leakage problem if the signal leakage
problem is attributable to the Grantee.
(6) The Grantee may also disconnect service in those cases
where customers are stealing service or have threatened
Grantee's personnel with physical violence.
(7) Upon termination of service to a subscriber, the Grantee will
remove its equipment from the subscriber's premises within
30 days. The equipment will be deemed abandoned if it is
not removed within such time period unless the Grantee has
been denied access to the subscriber's premises.
(g) Negative Option Billing Prohibited. No charge may be imposed for
any service or equipment that the subscriber has not affirmatively selected.
Payment of the regular monthly bill will not by itself constitute an affirmative
selection.
(h) Deposits. Grantee may require a reasonable, nondiscriminatory
deposit on equipment provided to subscribers. Such deposits must be placed in
an interest-bearing account. The deposit must be returned, with interest earned
to the date of repayment, within 30 days after the equipment is returned to the
Grantee.
Ordinance No. NS-XXX
Page 8 of 13
50A-9
(i) Parental Control Option. Grantee must provide parental control
devices at no charge to all subscribers who desire to block the video or audio
portion of any pay channels providing adult programming that the subscriber finds
objectionable. For other programming, such devices will be provided at a
reasonable charge to the subscriber.
U) Additional Requirements.
(1) All officers, agents, and employees of the Grantee, or of its
contractors or subcontractors, who, in the normal course of
work come into contact with members of the public, or who
require entry onto subscribers' premises, must display a
photo identification card. The Grantee must account for all
identification cards at all times. All vehicles of the Grantee
or its subcontractors must be clearly identified as vehicles
engaged in providing services for the Grantee.
(2) Additional standards relating to service, consumer
protection, and response by the Grantee to subscriber
complaints not otherwise provided for in this section may be
adopted by ordinance, and the Grantee must comply with
those standards in the operation of the cable television
system. A verified and continuing pattern of noncompliance
may be deemed a material breach of the franchise
agreement, provided that the Grantee receives written notice
and an opportunity to cure before any penalty or other
remedy is imposed.
(k) Penalties for Noncompliance. The purpose of this paragraph is to
authorize the imposition of monetary penalties for the violation of the customer
service standards established by this section. The imposition of penalties
authorized by this paragraph (k) will not prevent the City or any other affected
party from exercising any other remedy to the extent permitted by law, including
but not limited to any judicial remedy as provided below in subsection (3), below.
(1) Administration and Appeals.
a. The City Manager or the City Manager's designee is
authorized to administer this paragraph (k). Decisions
by the City Manager to assess monetary penalties
against the Grantee must be in writing and must
contain findings supporting the decisions. Decisions
by the City Manager are final, unless appealed to the
City Council in accordance with the procedures
50A-1 0
Ordinance No. NS-XXX
Page 9 of 13
specified in Chapter 3 of the Santa Ana Municipal
Code.
b. If the Grantee or any interested person is aggrieved
by a decision of the City Manager, the aggrieved party
may appeal that decision in writing to the City Council
in accordance with the procedures specified in
Chapter 3 of the Santa Ana Municipal Code. The
appeal letter must be accompanied by the fee
established by the City Council for processing the
appeal.
(2) Schedule of Penalties. The following schedule of monetary
penalties may be assessed against the Grantee for the
material violation of the provisions of the customer service
standards set forth in this section, provided that the violation
is within the reasonable control of the Grantee:
a. The maximum penalty for a first material violation is
two hundred dollars ($200) for each day of the
material violation.
b. For a second material violation of the same nature
within a 12-month period for which the City has
provided notice and a penalty has been assessed, the
maximum penalty is five hundred dollars ($500) for
each day of the material violation.
c. For a third or further material violation of the same
nature within a 12-month period for which the City has
provided notice and a penalty has been assessed, the
maximum penalty is seven hundred fifty dollars ($750)
for each day of the material violation.
(3) Judicial Remedy. This paragraph does not preclude any
affected party from pursuing any judicial remedy available to
that party without regard to this paragraph (k).
(4) Notice of Violation. The City must give the Grantee written
notice of any alleged violation of the consumer service
standards and allow the Grantee at least 30 days from
receipt of the notice to remedy the specified violation.
(5) Assessment of Monetary Penalties. If a violation has not
been corrected or cured by Grantee within the time specified
by the City, the monetary penalties specified above in
Ordinance No. NS-XXX
Page 10 of 13
50A-11
subparagraph (2) may be assessed from the date of delivery
to Grantee of the City's written notice of violation.
(6) In assessing monetary penalties under this paragraph (k), the
City Manager may take into account the nature, circumstances,
extent and gravity of the violation and, with respect to the
Grantee, the degree of culpability, any history of prior violations,
and such other matters as may be relevant. If warranted under
the circumstances, the monetary penalty to be assessed may
be less than the maximum penalty amount specified above in
subparagraph (2).
(I) Additional Consumer Protection and Service Standards
(1) In addition to the consumer protection and service standards
that are specified above in paragraphs (a) through (k) of this
section, the franchise agreement with a Grantee may require
compliance with the following:
a. Federal statutes, and the rules, regulations, and
orders of the Federal Communications Commission,
including the following: the provisions of Section
76.309(c) of Title 47 Federal Regulations, as it now
exists or may later be amended; the provisions of
Section 76.630 of Title 47 of the Code of Federal
Regulations, as it now exists or may later be
amended; and, the provisions of Section 551 of Title
47, United States Code, as it now exists or may later
be amended.
b. The provisions of California Government Code
Sections 53054, et seq., entitled the "Cable Television
and Video Provider Customer Service and Information
Act."
c. The provisions of California Government Code
Section 53088, et seq., entitled the "Video Customer
Service Act."
d. The provisions of California Civil Code Section
1722(b)(1 )-(6) relating to service or repair
transactions between cable television companies and
their subscribers.
e. The provisions of California Penal Code Section
637.5 relating to subscribers' rights to privacy
protection.
50A-12
Ordinance No. NS-XXX
Page 11 of 13
(2) The City may, in its discretion, incorporate in a franchise
agreement those customer service and protection standards
referenced above in paragraph (I) that are the most
stringent, and that afford the greatest protection to
consumers. These standards will apply, to the extent
authorized by law, to all video, voice, and data services that
are provided by Grantee to its subscribers within the
franchise service area."
Section 2. Article III of Chapter 15 of the Santa Ana Municipal Code
(sections 15-300 through 15-307, inclusive) is hereby repealed.
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
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Ordinance No. NS-XXX
Page 12 of 13
50A-13
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-2682 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
50A-14
Ordinance No. NS-XXX
Page 13 of 13
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
PROPOSED AMENDMENTS TO
CLASSIFICATION AND COMPENSATION
PLANS AND ANNUAL BUDGET
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
/,' /,/
I //01;J-2
b..' c.'Zi.- <'~ /,//'/ t~~ "-
CITY MANAGER
CONTINUED TO ,
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution that amends the City's Basic Management Classification
and Compensation Plan (Resolution No. 91-066) and amends the Fiscal Year
2004-05 Annual Budget to reflect these changes.
DISCUSSION
The Executive Director of Community Development recently completed a review
of the Community Development Agency's functions and structure. This
analysis, assisted by the Personnel Services Department, included an
examination of the duties and responsibilities of various job
classifications in the Agency. As a result of this review, the Executive
Director is proposing the creation of a mid-management classification titled
Assistant Director of Community Development. This classification will
perform highly responsible administrative and managerial work in planning,
organizing and directing the activities of the Community Development Agency
and will act as Executive Director in the incumbent's absence. In order to
fund this new position, the Executive Director recommends that one
Administrative Services Manager position in the Agency's budget be
reallocated to the position of Assistant Director of Community Development.
55A-1
C$. 3S3
Classification/Compensation Plan
April 18, 2005
Page 2
FISCAL IMPACT
Assuming an effective date of May 1, 2005, the cost of the reallocation is
$1,918 for the remainder of the fiscal year. Funds are available in the
Community Development Agency's salary account.
APPROVED AS TO FUNDS AND ACCOUNTS:
-\ ~~~ ~ A~ ~ J. ';:\.:~
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
Y2L e: tJUi
patricia C. Whitaker
Executive Director
Community Development Agency
55A-2
RESOLUTION NO. 2005-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO
EFFECT CERTAIN CHANGES TO THE CITY'S BASIC
CLASSIFICATION AND COMPENSATION PLAN FOR
EXECUTIVE AND MIDDLE MANAGEMENT, AND TO AMEND
THE ANNUAL BUDGET TO REALLOCATE ONE POSITION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On July 1,1991, the City Council passed and adopted Resolution No. 91-
066, re-establishing the Basic Classification and Compensation Plan for
classes of employment designated as unrepresented Executive
Management (EM) and Middle Management (MM).
C. On June 21, 2004, the City Council passed and adopted Ordinance No.
NS-2653, which establishes the City's Annual Budget, authorizing position
allocations for Fiscal Year 2004-2005, and which sets forth the
requirement that alterations in the allocation of authorized positions be
reviewed and approved by the City Council.
D. It is the City's practice to assign job titles that reflect the duties and
responsibilities of the classification and are consistent with other
classifications within the City's organizational structure as well as
comparable job titles in the labor market.
E. The City Manager proposes to establish one (1) new middle management
classification title, and to reallocate one (1) position in the current Annual
Budget.
F. It is now desired to amend Council Resolution No. 91-066, as amended,
and the Fiscal Year 2004-2005 Budget, as amended, in order to effect
these changes.
55A-3
Section 2: That Section 3B of Resolution No. 91-066, as amended, is hereby
further amended by:
A. adding the classification title of Assistant Director of Community
Development at the fifteen-step salary rate range of MM-26 ($86,652-
122,412).
B. designating the newly created classification title of Assistant Director of
Community Development as Middle Management by assigning the
parenthetical identifier "MM" after this classification title.
Section 3: That the Annual Budget for Fiscal Year 2004-2005, as amended, is
hereby further amended by reallocating one position as shown below:
From Position Title
SRR Annual Salary (Min-Max)
Administrative Services Manager
MM-22 ($78,504-110,904)
To Position Title
SRR Annual Salary (Min-Max)
Assistant Director of Community Development MM-26 ($86,652-122,412)
Section 4: That except as amended by this Resolution, all other provisions of
Resolution No. 91-066, as amended, and the Annual Budget for Fiscal Year 2004-2005,
as amended, shall remain in full force and effect.
Section 5: That this Resolution shall be operative from and after April _, 2005.
ADOPTED this _ day of April, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
55A-4
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2005-041 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
55A-5
55A-6
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
RESOLUTION TO PROVIDE A PRE-
TAX PAYROLL DEDUCTION FOR
EMPLOYEES PURCHASING
EMPLOYMENT SERVICE CREDIT IN
CALPERS , -,
~~:~--
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution to provide a pre-tax payroll deduction plan for
employees choosing to purchase employment service credit in the California
Public Employees' Retirement System.
DISCUSSION
The California Public Employees' Retirement System (CalPERS) permits
eligible employees to participate in a program to purchase additional
employment service time on a pre-tax basis under the Internal Revenue Code
provisions. Payments for such member service credit are permitted through
the employer's payroll deduction process when an employer adopts a
resolution authorizing such q program. Employers that participate in this
program provide their employees with the benefit of deferring income tax
liability for member service credit purchases. Upon approval of the
employerjCalPERS resolution, the member has the option to file a binding
irrevocable election with CalPERS to elect the plan for employment service
credit purchase.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Enrique
Executi e
Personnel
:t.~~~>,-~., ~~~..
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
558-1
RESOLUTION NO. 2005-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO PROVIDE A PRE-TAX PAYROLL DEDUCTION
PLAN FOR EMPLOYEES PURCHASING SERVICE CREDIT IN
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. The Board of Administration of the California Public Employees' Retirement
System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll
deduction plan for service credit purchases under Internal Revenue Code
(IRC) section 414(h)(2).
B. The City of Santa Ana has the authority to implement the provisions of IRC
section 414(h)(2) and has determined that even though implementation is not
required by law, the tax benefit offered by this section should be provided to
those employees who are member of CaIPERS.
C. The City of Santa Ana elects to participate in the pre-tax payroll deduction
plan for all employees in the following CalPERS coverage groups:
All Miscellaneous members
All Safety members
D. The City of Santa Ana will implement the provisions of IRC section 414(h)(2)
by making employee contributions for service credit purchases pursuant to
the California State Government Code on behalf of its employees who are
members of CalPERS and who have made a binding irrevocable election to
participate in the pre-tax payroll deduction plan. "Employee contributions"
shall mean those contributions reported to CalPERS which are deducted from
the salary of employees and are credited to individual employees accounts for
service credit purchases, thereby resulting in tax deferral of employee
contributions.
E. The contributions made by the City of Santa Ana to CaIPERS, although
designated as employee contributions, are being paid by the City of Santa
Ana in lieu of contributions by the employees who are members of CaIPERS.
F. The employees shall not have the option of choosing to receive the
contributed amounts directly instead of having them paid by the City of Santa
Ana to CaIPERS.
558-2
Resolution No.
Page Two
G. The City of Santa Ana shall pay to CalPERS the contributions designated as
employee contributions from the same source of funds as used in paying
salary, thereby resulting in tax deferral of employee contributions.
H. The effective date for commencement of the pre-tax payroll deduction plan
cannot be any earlier than July 1, 1996 or the date the completed resolution is
received and approved in CaIPERS, whichever is later.
I. That the governing body of the City of Santa Ana shall participate in and
adhere to requirements and restrictions of the pre-tax payroll deduction plan
by reporting pre-tax payroll deductions when authorized by CalPERS for
those employees of the above stated Coverage Groups who have elected to
participate in this plan.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
AYES:
Councilmembers:
NOES:
Council members:
ABSTAIN:
Councilmembers:
NOT PRESENT
Councilmembers:
558-3
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-042 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
558-4
Clerk of the Council
City of Santa Ana
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
RESOLUTION DECLARING THE APRIL
5,2005 SPECIAL MUNICIPAL ELECTION
RESULTS FOR THE REFERENDUM MEASURE
RELATING TO ORDINANCE NS-2649
REZONING THE PROPERTY KNOWN AS ONE
BROADWAY PLAZA
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
.~
/ ,,/ ,,//V
~/fH y?J:;2~-~
( CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution declaring the results of the Special Municipal Election
held in the City on April 5, 2005.
DISCUSSION
On April 7, 2005 the Orange County Registrar of Voters certified the
results of the canvass of the Santa Ana Special Municipal Election
returns for Measure A. Pursuant to State Elections Code Sections 9217 and
10264, the City Council must adopt a resolution reciting the fact of the
election and results of: (a) the whole number of votes cast in the city,
(b) the measure voted upon, (c) the number of votes by precinct, and (d)
the number of votes for or against the measure. The accompanying
resolution and Exhibit A identify the results of the balloting.
Measure A, relating to Ordinance NS-2649 rezoning the property known as One
Broadway Plaza, received a majority vote at the Special Election, and
shall become a valid and binding ordinance of the City. The Ordinance is
considered adopted upon the City Council's declaration of the vote, and
shall go into effect 10 days following this declaration.
FISCAL IMPACT
no fiscal
55C-1
RESOLUTION NO. 2005-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION OF APRIL 5, 2005
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. On August 2, 2004, the City Council adopted Ordinance No. NS-2649
establishing Specific Development District 75 (SD-75) and amending
elements of the Midtown Specific Plan NO.3 (SP-3) to permit development of
One Broadway Plaza, a 37 -story office tower, along with an 8-story parking
garage and related support retail space generally located at the northeast
corner of Broadway and 10th Street in the City of Santa Ana.
B. On September 1, 2004, a referendum petition regarding Ordinance No. NS-
2649 was filed with the Clerk of the Council. On September 27, 2004, the
Orange County Registrar of Voters determined that the referendum petition
was valid and sufficient to require the City Council to either repeal Ordinance
No. NS-2649 or submit it to the voters of the City for approval.
C. Pursuant to Ordinance No. NS-2671, adopted by the City Council on
December 20, 2004, a special municipal election was held in the City of Santa
Ana on April 5, 2005 relating to voter approval of the One Broadway Plaza
Development project.
D. That the results of said election, including the whole number of votes cast in
the city, the measure voted upon, the number of votes by consolidated
precinct, and the number of votes for or against the measure, are set forth in
the document attached hereto as Exhibit A and incorporated herein by this
reference as though fully set forth.
E. That based upon said results, Measure A relating to Ordinance NS-2649
rezoning the property known as One Broadway Plaza, shall be implemented
and shall be effective ten days following the date of this resolution.
Section 2. 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.
55C-2
ADOPTED this
day of
.2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By
Joseph W. Fletcher
City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
ABSENT:
Council members
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-043 to be the original resolution adopted by the City
Council of the City of Santa Ana on
55C-3
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE ELECTION RETURNS
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I, Steven P. Rodermund, Registrar of Voters of Orange County, do hereby certify
the following to be a full, true and correct Statement of the Vote of the City of Santa
Ana Special Municipal election held on April 5, 2005.
CITY OF SANTA ANA
YES
NO
MEASURE A
9,301
7,123
PRECINCT BALLOTS CAST:
ABSENTEE BALLOTS CAST:
TOTAL BALLOTS CAST:
5,394
11,126
16,520
I hereby certify that the numbers of votes cast for the measure is as set forth
above and appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 7th day of April, 2005.
EXHIBIT A
55C-4
STATEMENT
OF ALL VOTES CAST
AT THE
CITY OF SANTA ANA
SPECIAL MUNICIPAL ELECTION
HELD
APRIL 5, 2005
IN THE
COUNTY OF ORANGE
STATE OF CALIFORNIA
55C-5
CERTIFIED STATEMENT OF THE VOTES CAST
at the
City of Santa Ana Special Municipal Election
held on
April 5, 2005
in the
County of Orange
State of California
State of California)
) 55
County of Orange)
I, Steven P. Rodermund, Registrar of Voters of Orange
County, do hereby certify that the within is a true and correct
statement of the votes cast in the City of Santa Ana Special Municipal
Election conducted by the Registrar of Voters of Orange County, as
determined by the canvass of the returns of said election.
WITNESS my hand and Official Seal
THIS 1T~ DAYOF ~./,/
~~..2ISTRAROFVOTERS
,2005
55C-6
CONSOLIDATED PRECINCT INDEX
CONSOLlDA TED CONSISTING CONSOLlDA TED ' CONSISTING CONSOLlDA TED CONSISTING
PRECINCT OF REGULAR PRECINCT OF REGULAR PRECINCT OF REGULAR
NUMBER PRECINCT(S) NUMBER PRECINCT(S) NUMBER PRECINCT(S)
68601 68048 68611 68091 68621 68143
68069 68102 68144
68073 68104 68145
68283 68297 68146
68602 68050 68612 68094 68622 68151
68194 68106 68159
68349 68107 68324
68366 68302 68325
68603 68051 68613 68096 68623 68152
68053 68098 68153
68054 68100 68313
68279 68162 68315
68604 68052 68614 68103 68624 68154
68086 68179 68156
68150 68195 68157
68296 68196 68160
68353
68605 68056 68625 68161
68057 68615 68114 68312
68060 68119 68316
68061 68131 68380
68132
68606 68059 68626 68166
68197 68616 68115 68304
68200 68123 68305
68350 68128 68306
68129
68607 68063 68627 68177
68070 68617 68130 68330
68342 68137 68334
68364 68340 68348
68341
68608 68064 68628 68185
68158 68618 68134 68188
68322 68135 68189
68323 68182 68190
68183
68609 68074 68629 68191
68076 68619 68136 68192
68088 68273 68199
68365 68287 68201
68376
68610 68077 68630 68317
68078 68620 68138 68318
68083 68335 68367
68293 68337 68379
68369
55C-7 /'
CONSOLIDATED CONSISTING
PRECINCT OF REGULAR
NUMBER PRECINCT(S)
68631
68320
68321
68632
68336
68370
68372
68633
68339
68343
68371
68373
CONSOLIDATED PRECINCT INDEX
55C-8
CITY OF SANTA ANA
ANALYSIS OF 2005 ELECTION RESULTS
BY CONSOLIDATED PRECINCTS
3514 1417
3873 629
2562 1034
2838 497
4084 675
2613 500
3125 452
1887 311
2746 330
3149 755
2531 370
4060 529
3842 662
4169 591
3736 483
3900 670
4077 573
2508 321
2221 412
1484 259
958 375
2448 578
1403 372
684 92
1504 421
2033 245
3763 498
3956 639
1989 357
2203 515
707 163
2263 409
2679 386
Measure A
Yes I No
- -
624 44.4%
434. 69.7%
413 45.8%
258 52.3%
418 62.5%
365 73.3%
262 58.4%
162 52.3%
187 56.7%
299 40.0%
249 67.5%
326 62.2%
395 60.2%
381 64.8%
329 68.4%
375 56.4%
367 64.3%
199 62.0%
265 64.6%
143 55.6%
143 38.2%
269 46.9%
162 43.5%
49 53.3%
187 44.6%
155 64.0%
302 60.8%
437 69.1%
255 71.4%
285 55.4%
78 48.1%
224 54.9%
244 63.7%
181 55.6%
189 30.3%
"559 54.2%
235 47.7%
251' 37.5%
133, 26.7%
187 41.6%
148 47.7%
143' 43.3%
448" 60.0%
120 32.5%
198 37.8%
261 39.8%
207 35.2%
152 31.6%
290 43.6%
204 35.7%
122 38.0%
145 35.4%
114 44.4%
231 61.8%
305 53.1%
210 56.5%
43 46.7%
232' 55.4%
81 36.0%
195 39.2%
195 30.9%
102 28.6%
229 44.6%
84 51.9%
184 45.1%
139 36.3%
TOTALS 189509116520 I 193011 56.6% 1171231 43.4% I
Prepared by the Clerk of the Council Office
4/11/2005
55C-9
Page 1 of 1
4/7/2005 11 :05:34AM
April 05, 2005
1
Orange County Statement of Votes
Page 1 of 3
A - One Broadway Plaza Referendum
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Absentee Totals
Election Day Totals
Grand Totals
89509
89509
89509
11126
5394
16520
12.4
6,0
18,5
6569
2732
9301
4526
2597
7123
55C-1 0
4/7/2005 11 :05:34AM
April 05, 2005
Orange County Statement of Votes
Page 2 of 3
... Abs e ntee Total s A . 0 n e B ro a d wa y P I az a R efe re nd u m
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Absen tee T olals I 89509 I 1 1 1 26 1 2 ,4 6 56 9 45 26 I
55C-11
-
41712005 11 :05:34AM
April 05, 2005
Orange County Statement of Votes
Page 3 of 3
.. Grand Totals A . One Broadway Plaza Referendum
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Absentee Totals 89509 1 1 126 12.4 6569 4526
Election Day Totals 89509 5394 6,0 2732 2597 I
"-n" T^t"o 89~09 1 6520 1 8,5 9301 7 , 23
55C-12
REQUEST FOR
COUNCIL ACTION
~ffl\
~-"~~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
PUBLIC HEARING - APPEAL NO. 2005-01
(HISTORIC RESOURCES COMMISSION
APPLICATION NO. 2004-08 AND HISTORIC
REGISTER CATEGORIZATION NO. 2004-08)
FOR THE PROPERTY LOCATED AT 317 EAST
SANTA CLARA AVENUE - ALAN D. AND
GAYLE K. MEYER, APPLICANT
t2d;(2
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
",.\..'
FILE NUMBER
RECOMMENDED ACTION
1. Deny Appeal No. 2005-01.
2.
Adopt a resolution approving
Application No. 2004-08.
Historic
Resources
Commission
3. Adopt a resolution approving Historic Register Categorization No.
2004-08.
HISTORIC RESOURCES COMMISSION ACTION
Adopted a resolution approving Historic Resources Commission Application
No. 2004-08 and Historic Register Categorization No. 2004-08 to place and
categorize as Key at its February 3, 2005 meeting (Exhibit A) by a vote
of 5:0 (Lutz, O'Callaghan absent; Sarmiento abstained) .
DISCUSSION
Request of Applicant
Alan D. and Gayle K. Meyer, owners of the Wettlin House, are appealing
the placement and categorization of this structure on the Santa Ana
Register of Historical Properties (Historic Resources Commission
Application No. 2005-08 and Historic Register Categorization No. 2004-
08) . Mr. and Mrs. Meyer submitted a letter of appeal (Exhibit B) on
February 18, 2005 stating their reasons for declining the register
listing. The request to appeal the Historic Resources Commission
decision is based on: (1) potential restrictions on future home
improvement plans, as well as the need for written guidelines to clarify
development standards for historic structures and (2) respect for their
property right to choose to be placed on local Historic Register.
75A-1
Appeal No. 2005-01
April 18, 2005
Page 2
Analysis of the Issues
A Park Santiago resource survey, conducted by architectural historian
Leslie Heumann, identified 20 significant historical properties in the
Park Santiago neighborhood as candidates for placement on the Santa Ana
Register of Historical Properties. The subject structure located at 317
East Santa Clara Avenue was included as a candidate as it meets the
minimum selection criteria for inclusion on the Santa Ana Register of
Historical Properties. It is over 50 years old and exemplifies the Tudor
Revival architectural style. The Wettlin House, built circa 1926, is
eligible to be categorized as Key for its distinctive architectural style
and quality as illustrated by its steeply pitched, cross-gabled roof;
front gable detailed with a clipped or jerkinhead peak; and arched front
door with an octagonal window; a series of tripartite windows, some
topped by a transom; and a front gabled dormer accented with an arrow
tipped bargeboard and exposed beams.
Prior to the City initiating the placement of this structure on the
Register, courtesy letters were mailed on December 16, 2003 to the
affected property owners inviting them to attend a special presentation
explaining the implications and benefits of being placed on the Santa Ana
Register of Historical Properties. Following the presentation, staff
attempted to contact the property owner by phone to discuss any concerns
or questions the owner had regarding the proposed historic designation.
At the February 5, 2004 public hearing, Mr. and Mrs. Meyer expressed
their concern regarding the proposed historic designation and requested a
one-year continuance to allow additional time to research the subject.
The Historic Resources Commission reconsidered the item on February 3,
2005, at which time the owners again expressed their opposition to the
placement of their property on the local Historic Register. Based on the
architectural significance of the house, the Commission approved the
placement of the Wettlin House on the Santa Ana Register of Historical
Properties and categorized it as Key. Therefore, it is recommended that
the City Council uphold the decision of the Historic Resources Commission
and adopt the resolutions approving Historic Resources Commission
Application No. 2004-08 and Historic Register Categorization No. 2004-08.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Categorical
Exemption will be filed for this project.
75A-2
Appeal No. 2005-01
April 18, 2005
Page 3
FISCAL IMPACT
There is no fiscal impact associated with this action.
Sttf:A: 7~ing
Executive Director
Planning & Building Agency
MGM:rb
Mgm:Historic\Appeal\Meyer\317 E Santa Clara.cc-appeal
75A-3
REQUEST FOR
Historic Resources Commission Action
~
~
HISTORIC RESOURCES COMMISSION SECRETARY
HISTORIC RESOURCES COMMISSION MEETNG DATE:
FEBRUARY 3, 2005
TITLE:
PUBLIC HEARING - HISTORIC RESOURCES
COMMISSION APPLICATION NO. 2004-08
AND HISTORIC REGISTER CATEGORIZATION
NO. 2004-08 FOR PROPERTY LOCATED AT
317 EAST SANTA CLARA AVENUE
Prepared by Melanie G. McCann
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
,~~~.
Execu Director
~g Manager
RECOMMENDED ACTION
1.
Adopt a resolution approving
Application No. 2004-08.
Historic
Resources
Commission
2. Adopt a resolution approving Historic Register Categorization No.
2004-08.
DISCUSSION
The structure located at 317 East Santa Clara Avenue (Wettlin House) was
first presented to the Historic Resources Commission at the public
hearing held February 5, 2004. At the time, the City of Santa Ana
requested that the structure be placed and categorized as Key on the
Santa Ana Register of Historical Properties (Exhibit 1). At the request
of the property owner, Mrs. Gayle Meyer, the Commission granted a one-
year continuance allowing the owner additional time to research the
subject (Exhibit 2). Recently, Mr. and Mrs. Meyers have communicated to
staff that they still remain opposed to the placement of their property
on the local register and request that their property rights be
respected. As owners of the property for the past 29 years, the Meyers
perceive the potential restrictions associated with placement on the
local register are greater than the benefits.
Analysis of the Issues
The Wettlin House meets the minimum selection criteria for inclusion on
the Santa Ana Register of Historical Properties pursuant to criteria
contained in Section 30-2 of the Santa Ana Municipal Code. The first
benchmark for selection requires that structures be 50 or more years
old. Built in 1926, the structure proposed for placement on the
Register meets the minimum age criteria.
EXHIBIT A
75A-4
HRCA No. 2004-08
HRC No. 2004-08
February 3, 2005
Page 2
Based on the results of research, the structure meets the criteria to be
placed in the Key category as contained in Section 30-2.2 of the Santa
Ana Municipal Code. The code criteria for Key designation are as
follows:
a.
The building, landmark or district
architectural style and quality; or
has
a
distinctive
b. The building, landmark or district is characteristic of a
significant period in the history of the City of Santa Ana; or
c. The building, landmark or district is associated with a
significant person or event In the City of Santa Ana.
The Wettlin House, builtin 1926, is eligible for inclusion on the
Register as it is a representative example of a highly picturesque Tudor
Revival architectural style. The one-story structure is eligible to be
placed within the Key category for its distinctive architectural style
and quality as illustrated by its steeply pitched, cross-gabled roof;
front-gable detailed with clipped or j erkinhead peak; an arched front
door with an octagonal window; a series of tripartite windows, some
topped by a transom; and a front gabled dormer accented with an arrow
tipped bargeboard and exposed beams.
Based on findings consistent with the criteria established
of the Santa Ana Municipal Code, it is recommended that
Resources Commission approve the actions as noted. A
correspondence log is attached for your review (Exhibit 3).
in Chapter 30
the Historic
case planner
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Categorical
Exemption will be filed for this project.
~~
~~
Maya Rosa
Senlo Planner
Melanie G. McCann, AICP
Associate Planner
MGM:JM
mgm\Historic\Feb200S\key.02030S.hrc
75A-5
EXECUTIVE SUMMARY
WETTLIN HOUSE
317 East Santa Clara Avenue
Santa Ana, CA 92706
NAME Wettlin House I REF. NO.
ADDRESS 317 East Santa Clara A venue
CITY Santa Ana ZIP I 92706 I ORANGE COUNTY
YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT IN/A NEIGHBORHOOD I Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 13 CALIFORNIA REGISTER STATUS CODE 15S1
Location: 0 Not for Publication
IZI Umestricted
o Prehistoric
IZI Historic
o Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables;
decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick
chimneys; and picturesque windows ofleaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival
were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern
California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style
also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most
popular during the 1920s and 1930s.
SUMMARY/CONCLUSION:
The Wettlin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of
the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Key" for its "distinctive
architectural style and quality" as a picturesque example of the Tudor Revival style of the 1920s (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
· California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4,2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents
the work of a master, or possesses high artistic values.
· California Register Status Code: (From California Office of Historic Preservation, December 8,2003.)
5S1: Individual property that is listed or designated locally.
EXHIBIT 1
7 M!J'6
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Page....L of ....l...
P1. Other Identifier:
*P2. Location: DNot for Publication -Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 1725 Date:
*c. Address 317 East Santa Clara Avenue City Santa Ana
*e. Other Locational Data: Assessor's Parcel Number 003-072-15; N TR 383 LOT 12
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Other Listings
Review Code Reviewer
Resource name(s) or number (assigned by recorder)
Date
Wettlin House
Zip 92706
This one-story residence is a highly picturesque example ofthe Tudor Revival style. A steeply pitched, cross-gabled roof
caps the brick exterior. Offset to the west, the front-gable is the focal point of the fac;ade and is detailed with a clipped or
jerkinhead peak and an east rake that forms a pronounced curve over the entry. Elevated three steps above a tiled pathway,
the front door is arched and contains an octagonal window. To the left (west), a tripartite window is topped by a transom and
features a geometric pattern of muntins. Above the window, and centered below the peak of the gable, a tall and slender
arched opening is adorned by a corbelled faux balcony. To the east of the entry, another tripartite window is accented by a
front-gabled dormer that emerges from the roof above it. An arrow-tipped bargeboard and exposed beams characterize the
dormer, whose window has been replaced. West of the entry wing, another tripartite window, without a transom, features art
glass in the central opening. Attached to the east elevation, a brick chimney is ornamented with a wrought iron "S." A
cottage garden of flowers, shrubs, trees, and grass complements the substantially unaltered house. A garage is located in
the rear of the property.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: -Building DStructure DObject DSite o District -Element of District DOther
P5a. Photo
P5b. Photo: (view and date)
South elevation
December 2003
*P6. Date Constructed/Age and
Sources: -historic
1926/City of Santa Ana Building
Permits
*P7. Owner and Address:
Alan D. Meyer
317 East Santa Clara Avenue
Santa Ana, CA 92706
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
December 31,2003
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
*Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record
DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record o Rock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1/95)
*Required information
75A'47
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page L of ...;L *CHR Status Code 5S1
*Resource Name or #: Wettlin House
81. Historic Name: Wettlin House
82. Common Name: Same
83. Original Use: Single-family Residence 84. Present Use: Single-family Residence
*85. Architectural Style: Tudor Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1926.
December 23, 1925. Residence and garage.
March 23, 1933. Repair chimney, etc.
January 18, 1956. Garage and utility room.
October 2, 1978. Convert utility room to guest house.
December 30, 1981. Solar panels on roof.
October 15, 2001. Tear off two layers roofing (composition and wood), install new composition.
*87. Moved? .No DYes DUnknown Date: Original Location:
*88. Related Features:
None.
89a. Architect: Unknown
b. 8uilder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Wettlin House is architecturally significant as a picturesque example of a Tudor Revival style house from the 1920s in
Santa Ana. The house and garage were built in 1926 for Fuller and Holly at an estimated cost of $6,000, apparently on
speculation. David G. Wettlin, an attorney, and his wife Vera were the residents of the house when it first appeared in the city
directories in 1927.
(See Continuation Sheet 3 of 3.)
811. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 3.)
'l/I'
'J
G
Sketch Map
813. Remarks:
Wettlin House
317 East Santa Clara Avenue
*814. Evaluator: Leslie J. Heumann
lk'\t"j
r ~.e'
I U'~.r.
I
*Date of Evaluation: December 31,2003
, .--.
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(This space reserved for official comments.)
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DPR 5238 (1/95)
*Required information
75A~8
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ~ of ~ Resource Name or # (Assigned by recorder) Wettlin House
*Recorded by Leslie J. Heumann, SAIC *Date December 31,2003 [RJ Continuation 0 Update
*810. Significance (continued):
The Wettlin House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and
substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, East
Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on
the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the
nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main
Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored
the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty
households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North
Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the
number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out,
but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land
use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north
of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger,
agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of
Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in
the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service
professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during
the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (2. B. West, Jr.,
321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County
Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By
April 1 942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with
single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the
eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged
following World War II.
The Wettlin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its
representation of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized
as "Key" for its "distinctive architectural style and quality" as a picturesque example of the Tudor Revival style of the 1920s.
Characteristic Tudor Revival features include the steeply pitched gabled roof, brick exterior walls and chimney, arched entry,
and the overall quaint character of the design. Character-defining exterior features of the Wettlin House that should be
preserved include, but may not be limited to: sheathing (brick); roof configuration and detailing; massing; windows, doors,
and dormer; chimney; brick steps and tile pathway to entry; and architectural details such as the corbel and faux balcony.
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1 995.
Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1905-1930.
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.
DPR 523L
75A'1f9
January 28,2004
City of Santa Ana
Planning and Building Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Re: 317 East Santa Clara Avenue, Santa Ana, CA 92706
We, the property owners of the above-mentioned property, do hereby notify you that we
do not wish our property to be categorized nor placed on the historic register.
Alan D. Meyer
:ii";)
/71.--"1 7 '"
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Gayle K. Meyer
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HRC Case Planner Log Sheet
HRC Public Hearing February 3, 2005
Address Courtesy Phone Follow Phone Notice Info
Letter Call* Up Ltr Call Card Letter
(if no (no
ph #) listed
ph #)
317 S. Santa Clara 12/ 16/03 Not 1/23/04 1/23/04
Avenue listed
1/14/05 1/21/05
1/19/05
* Generally occurs one week following courtesy letter
EXHIBIT 3
M GMlhistoric/ Aug2004/Logsheet20 1 Birch
75A-11
February 10, 2005
RECEIVED
FEB 1 8 2005
SMiA ANA PlANNING OEpr
Santa Ana City Council
20 Civic Center Plaza (M-20)
Santa Ana, CA 92702
Re: Historic Register Appeal
We, as property owners, believe the decision to be on the Historical Registry
should be our decision to make. We made a request one year ago at the
meeting regarding our home to see written guidelines as to what control the
Planning Commission has per our future plans, if any. At that meeting,
Councilman Thomas Lutz, Planning Commission Representative, stated to the
effect that if a homeowner does not want to be on the Historical Registry, they do
not have to be. To this date, we have not seen any guidelines included in all the
paperwork we have received. We are appealing your decision to put us on the
list without our consent.
shrelY,
t1r:~
Alan D. Meyer
Gayle K. Meyer
Property Owners
EXHIBIT B
75A-12
EXEMPT FROM FEES PURSUANT
TO GOVERNMENT CODE 9 6103
KO - 3/24/05
RESOLUTION NO. 2005-01
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA PLACING THE
PROPERTY LOCATED AT 317 EAST SANTA CLARA
AVENUE ON THE HISTORICAL REGISTER AND PLACING
WITHIN AN ESTABLISHED CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE
CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Historic Resources Commission of the City of Santa Ana
hereby finds, determines and declares as follows:
A. On February 4, 2004 the Historic Resources Commission held a duly
noticed public hearing for the placement on the Santa Ana Register of
Historical Properties and categorization of Wettlin House 317 East Santa
Clara Avenue, Santa Ana
B. The Wettlin House, located at 317 East Santa Clara Avenue, Santa Ana,
was built in 1926 and is eligible for inclusion on the Register as it is a
representative example of a highly picturesque Tudor Revival architectural
style.
1. The one-story structure is eligible to be placed within the Key
category for its distinctive architectural style and quality as
illustrated by:
i. Its steeply pitched, cross-gabled roof.
ii. Front-gable detailed with clipped or jerkinhead peak.
iii. An arched front door with an octagonal window.
iv. A series of tripartite windows, some topped by a transom.
v. A front gabled dormer accented with an arrow tipped
bargeboard and exposed beams.
2. The legal owner of the subject property is Alan D. Meyer.
3. The legal description for the subject property is attached hereto as
Exhibit A and incorporated by this reference as though fully set
forth herein.
4. The subject property meets the minimal standards for placement on
the City of Santa Ana Register of Historic Properties pursuant to
Section 30-2 of the Santa Ana Municipal Code.
75A-13
Resolution No. 2005-01
Page 1 of 3
EXEMPT FROM FEES PURSUANT
TO GOVERNMENT CODE ~ 6103
5. The subject property meets the minimal standards for placement in
the key category pursuant to Section 30-2.2(2) of the Santa Ana
Municipal Code.
Section 3: In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Categorical Exemption will be
filed for this project.
Section 4: The Historic Resources Commission of the City of Santa Ana after
conducting the public hearing hereby approves the placement of 317 East Santa Clara
Avenue, Wettlin House on the Santa Ana Register of Historic Properties and to
categorize the property as key.
This decision is based upon the evidence submitted at the abovesaid hearing,
which includes but not is not limited to: the Staff report and exhibits attached thereto; the
report entitled "Historical Property Description;" and the public testimony all of which are
incorporated herein by this reference.
Section 5: For the subject property, a report entitled "Historical Property
Description," is on file in the Planning and Building Department, and is hereby approved
and adopted, and together with the staff report and this resolution, justify the findings for
placement on the City of Santa Ana Register of Historical Properties into a category. The
Historic Resources Commission Secretary is authorized and directed to include this
resolution in the City of Santa Ana Register of Historical Properties.
Section 6. The Historic Resources Commission Secretary is hereby directed to
file a certified copy of this Resolution with the County Recorder's Office after the adoption
of this Resolution pursuant to Public Resources Code Section 5029.
ADOPTED this 3rd day of February, 2005
ATTEST:
Martha Ramirez
Commission Secretary
Planning and Building Agency
Paul Giles
Chairperson
75A-14
Resolution No. 2005-01
Page 2 of 3
EXEMPT FROM FEES PURSUANT
TO GOVERNMENT CODE ~ 6103
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Commission members: Chinn. Corpin. Giles. Kinas. Schaefer (5)
NOES: Commission members: None (0)
ABSTAIN: Commission members: None (0)
NOT PRESENT: Commission members: Lutz. O'Callaahan (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-01 to be the original resolution adopted by Historic
Resources Commission of the City of Santa Ana on February 3, 2005.
Date:
Commission Secretary
City of Santa Ana
75A-15
Resolution No. 2005-01
Page 3 of 3
-
EXEMPT FROM FEES PURUSANT
TO GOVERNMENT CODE ~ 6103
LEGAL DESCRIPTIONS
APN Address Owner Name Legal Description Category
003-072-15 317 East Santa Clara Alan D. Meyer N TR 383 LOT 12 Key
Avenue
Exhibit A
75A-16
EXEMPT FROM FEES PURSUANT
TO GOVERNMENT CODE 9 6103
KO - 04/11/05
RESOLUTION NO. 2005-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA PLACING THE PROPERTY LOCATED AT 317
EAST SANTA CLARA AVENUE ON THE HISTORICAL
REGISTER, HISTORIC RESOURCES COMMISSION
APPLICATION NO. 2004-08, AND PLACING WITHIN AN
ESTABLISHED CATEGORY HISTORIC REGISTER
CATEGORIZATION NO. 2004-08 (APPEAL NO. 2005-01)
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. On February 4, 2004 the Historic Resources Commission held a duly
noticed public hearing for the placement on the Santa Ana Register of
Historical Properties and categorization of Wettlin House 317 East Santa
Clara Avenue, Santa Ana. The Historic Resources Commission continued
the matter for one year.
1. On February 3, 2005, the Historic Resources Commission held a
duly noticed public hearing for the placement on the Santa Ana
Register of Historical Properties and categorization of Wettlin
House 317 East Santa Clara Avenue, Santa Ana.
2. The Historic Resources Commission approved Historic Resources
Commission Application No. 2004-08 and Historic Register
Categorization No. 2004-08, by a vote of 5:0 (Lutz, O'Callaghan
absent; Sarmiento abstained).
B. The property owner appealed the Historic Resources Commission action
to the City Council (Appeal No. 2005-01).
C. On April 18, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing, and at that time considered all testimony, written
and oral.
D. The Wettlin House, located at 317 East Santa Clara Avenue, Santa Ana,
was built in 1926 and is eligible for inclusion on the Register as it is a
representative example of a highly picturesque Tudor Revival architectural
style.
75A-17
Resolution No. 2005-XXX
Page 1 of 3
EXEMPT FROM FEES PURSUANT
TO GOVERNMENT CODE ~ 6103
1. The one-story structure is eligible to be placed within the Key
category for its distinctive architectural style and quality as
illustrated by:
i. Its steeply pitched, cross-gabled roof.
ii. Front-gable detailed with clipped or jerkin head peak.
iii. An arched front door with an octagonal window.
iv. A series of tripartite windows, some topped by a transom.
v. A front gabled dormer accented with an arrow tipped
bargeboard and exposed beams.
2. The legal owner of the subject property is Alan D. Meyer.
3. The legal description for the subject property is attached hereto as
Exhibit A and incorporated by this reference as though fully set
forth herein.
4. The subject property meets the minimal standards for placement on
the City of Santa Ana Register of Historic Properties pursuant to
Section 30-2 of the Santa Ana Municipal Code.
5. The subject property meets the minimal standards for placement in
the key category pursuant to Section 30-2.2(2) of the Santa Ana
Municipal Code.
Section 3: In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Categorical Exemption will be
filed for this project.
Section 4: The City Council of the City of Santa Ana after conducting the
public hearing hereby denies Appeal No. 2005-01 and approves the placement of 317
East Santa Clara Avenue, Wettlin House on the Santa Ana Register of Historic
Properties, Historic Resources Commission Application No. 2004-08, and placing within
an established category (Key), Historic Register Categorization No. 2004-08.
This decision is based upon the evidence submitted at the abovesaid hearing,
which includes but not is not limited to: the Staff report and exhibits attached thereto; the
report entitled "Historical Property Description;" and the public testimony all of which are
incorporated herein by this reference.
Section 5: For the subject property, a report entitled "Historical Property
Description," is on file in the Planning and Building Department, and is hereby approved
and adopted, and together with the staff report and this resolution, justify the findings for
placement on the City of Santa Ana Register of Historical Properties into a category. The
Historic Resources Commission Secretary is authorized and directed to include this
resolution in the City of Santa Ana Register of Historical Properties.
Section 6. The Historic Resources Commission Secretary is hereby directed to
file a certified copy of this Resolution with the County Recorder's Office after the adoption
of this Resolution pursuant to Public Resources Code Section 5029.
75A-18
Resolution No. 2005-XXX
Page 2 of 3
EXEMPT FROM FEES PURSUANT
TO GOVERNMENT CODE ~ 6103
Section 7. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this _ day of April, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-044 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
75A-19
Resolution No. 2005-XXX
Page 3 of 3
EXEMPT FROM FEES PURUSANT
TO GOVERNMENT CODE 9 6103
LEGAL DESCRIPTIONS
003-072-15
317 East Santa Clara
Avenue
Alan D. Meyer
N TR 383 LOT 12
Key
Exhibit A
75A-20
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
APPROVED
TITLE:
PUBLIC HEARING - POLICE
DEPARTMENT 2005 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE
GRANT
{j /1)2
1/
.... ,/./
/ , /I!" ~
.l-U>/ Y >J .,-
CITY MANAGER
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1.
Adopt a
Department
Department
$207,389.
resolution authorizing the City Manager and the Police
to execute a grant award agreement with the United States
of Justice, Office of Justice Planning in the amount of
2. Authorize the City Manager, Chief of Police and the Clerk of the
Council to execute an agreement with the County of Orange, Sheriff's
Department to submit a joint application for the 2005 Edward Byrne
Memorial Justice Assistance Grant funds.
3. Approve an appropriation adjustment recognizing 2005 Edward Byrne
Memorial Justice Assistance Grant funds in the amount of $122,360 into
revenue account (account no. 128-01-5359) and appropriate same to
expenditure account (account no. 128-337-6141) for gang suppression
activities.
DISCUSSION
The Federal Omnibus Appropriations Act provides funding for the
implementation of the Local Law Enforcement Block Grants (LLEBG) and the
Edward Byrne Memorial Formula Grant. For 2005, the Federal government has
streamlined its justice funding and grant administration. The United
States Department of Justice, Office of Justice Planning, who administers
these two grants, has combined the programs into the Edward Byrne Memorial
Justice Assistance Grant (JAG). The JAG program provides agencies with the
flexibility to prioritize and place justice funds where they are most
needed. These funds are allocated to local law enforcement agencies based
on population and crime rates. The Santa Ana Police Department has been
allocated $207,389 for the 2005 funding year.
758-1
2005 JAG Grant
April 18, 2005
Page 2
In previous years, the Byrne Formula Grant has been administered by the
County of Orange to fund PROACT, the Orange County Methamphetamine Task
Force, which is charged with the investigation and hazardous material
mi tigation of methamphetamine labs wi thin our county. The LLEBG funding
programs were administered by the individual cities to address their
specific law enforcement needs. Under the new Federal guidelines for the
JAG funding program, the County is required to submit one joint application
for the aggregate funds.
The Orange County Chief's and Sheriff Association has come to an agreement
that the County of Orange, Sheriff's Department, will submit the joint
application for the 2005 JAG program. The Association agreed to leave 41
percent of each city's funding with the County of Orange to fund the PROACT
Task Force. The remaining 59 percent will be given back to the cities to
address their specific law enforcement needs. Of the $207,389 awarded for
Santa Ana, $85,029 will be designated for the County's PROACT program. The
remaining $122,360 will be utilized by the City on gang suppression
activities.
FISCAL IMPACT
The appropriation adjustment will enhance the 2005 JAG Grant revenue
account (account no. 128-01-5359) by $122,360 and the expenditure account
(account no. 128-337-6141) by $122,360.
APPROVED AS TO FUNDS AND ACCOUNTS:
I
\.....".
/J l \~~
Paul M. Walters
Chief of Police
Police Department
':\\\~~.~~:-~.~
Franclsco Gutlerrez
Executive Director
Finance & Mgmt. Services
IJf
Agency
758-2
RESOLUTION NO. 2005-045
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER AND THE CHIEF OF POLICE TO
EXECUTE A GRANT AWARD AGREEMENT FOR
THE 2005 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT FROM THE UNITED STATES
DEPARTMENT OF JUSTICE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. The Santa Ana Police Department has been selected to receive a
grant from the United States Department of Justice, in the amount
of $207,389.00, for the 2005 funding year.
B. The Federal Omnibus Appropriations Act has combined two grant
programs, the Byrne Formula Grant and the Local Law
Enforcement Grant, into the Edward Byrne Memorial Justice
Assistance Grant (JAG). These funds are allocated to local law
enforcement agencies based on population and crime rates.
C. Under the JAG Program, Orange County is required to submit one
joint application for funding.
D. Of the $207,389.00 allocated to the City of Santa Ana, $85,029.00
will be used to fund PROACT, the Orange County
Methamphetamine Task Force. The remaining $122,360.00 will be
utilized by the City Of Santa Ana for gang suppression activities.
Section 2. The City Council authorizes the City Manager and the Chief of
Police, or their designees, to execute the 2005 Edward Byrne Memorial Justice
Assistance Grant Agreement in the amount of $207,389.00.
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
,2005.
Page 1
758-3
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, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the
attached Resolution No. 2005-045 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
Page 2
758-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 18, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
PUBLIC HEARING - NONEXCLUSIVE
FRANCHISE AGREEMENT WITH
ADELPHIA CABLEVISION OF SANTA
ANA
~~
CONTINUED TO
./
FILE NUMBER
RECOMMENDED ACTION
1. Adopt an ordinance renewing a nonexclusive franchise agreement with
Adelphia Cablevision of Santa Ana to operate a cable television system
within the City of Santa Ana, and authorize the City Manager and Clerk
of the Council to execute the same on behalf of the City.
2. Approve a
resolving
authorize
on behalf
settlement agreement with Adelphia Cablevision of Santa Ana
customer service compliance and franchise fee audits, and
the City Manager and Clerk of the Council to execute the same
of the City effective July 1, 2005.
DISCUSSION
At its meeting of March 7, 2005, the City Council adopted a resolution
declaring its intent to enter into a nonexclusive cable television
franchise agreement with Adelphia Cablevision of Santa Ana and set a public
hearing for April 4, 2005. On April 4, 2005, the City Council continued the
hearing to April 18, 2005 to consider all interest in or objection to the
proposed agreement in accordance with Section 1303 of Article XIII of the
Santa Ana Charter.
The proposed franchise renewal agreement will extend Adelphia Cable
Communications' franchise to construct, operate, and maintain a cable
television system for a 15-year period beginning July 1, 2005. The
franchise agreement addresses, among other matters, the payment of five
percent franchise fees on gross revenues; continued operation of the
Institutional Network (I-Net) and Public, Educational, and Government
access channels; and requirements relating to consumer protection and
customer service standards. This agreement also calls for the payment of a
$450,000 capital grant from Adelphia to support the City's government
access channel (Channel 3). The grant will facilitate the eventual
transition of production of Channel 3 programming from Adelphia to the City
in alignment with current federal standards.
75C-1
Public Hearing - Nonexclusive Franchise
Agreement with Adelphia Cablevision
April 18, 2005
Page 2
The proposed settlement agreement resolves audits of Adelphia' s customer
service response performance standards and franchise fee payments. Under
the agreement, Adelphia has agreed to extend its responsibility of Channel
3 programming through the first two and-a-half years of the renewed
agreement. Additionally, Adelphia will continue to assist in the
maintenance of the I-Net while a transition to a new technology is studied.
The settlement agreement is subject to US Bankruptcy Court approval.
ENVIRONMENAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption ER No. 2005-
50 will be filed for this project.
FISCAL IMPACT
Franchise fees received from this agreement will be deposited into the
Cable Television Franchise Fee revenue account (account no. 11-01-5113).
The Public, Educational, and Government Access Channels capital grant will
enhance the Parks Recreation, and Community Services Agency's Special Fees
and Donations miscellaneous recoveries account (account no. 22-01-5799).
APPROVED AS TO FUNDS AND ACCOUNTS:
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Executive Director
Parks, Recreation and
Community Services Agency
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FranC1SCO Gutierrez
Executive Director
Finance and Management Svcs. Agenc)fr
75C-2
(JWF 4/6/05)
ORDINANCE NO. NS-2683
AN ORDINANCE OF THE CITY OF SANTA ANA
AUTHORIZING THE RENEWAL OF A CABLE
TELEVISION FRANCHISE AGREEMENT BETWEEN
THE CITY AND ADELPHIA CABLEVISION OF
SANTA ANA, LLC, dba ADELPHIA CABLE
COMMUNICATIONS
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. Adelphia Cablevision of Santa Ana, LLC, a Delaware limited liability
company ("Franchisee"), is the duly authorized holder of a franchise
("Franchise") that authorizes the construction, operation, and
maintenance of a cable television system within the City of Santa
Ana ("City").
B. The Franchise will terminate on June 20, 2005.
C. City staff has conducted inquiries for the purpose of evaluating the
future cable-related community needs and interests and the cable
operator's performance under the existing Franchise. A new
agreement has been negotiated that is titled "An Agreement
between the City of Santa Ana and Adelphia Cablevision of Santa
Ana, LLC, dba Adelphia Cable Communications, Renewing a
Nonexclusive Franchise to Operate a Cable Television System in
the City of Santa Ana and Setting Forth Terms and Conditions
Relating to the Renewal of the Franchise," a copy of which has
been presented to the City Council along with this ordinance, and a
copy of which is on file in the Office of the Clerk of the Council and
is incorporated by this reference ("Franchise Renewal Agreement").
D. The City has reviewed the present and future cable-related needs
of the community and its residents, the Franchisee's record of
service and its ability to carry out its obligations under the
Franchise Renewal Agreement, and the Franchisee's financial,
legal, and technical qualifications to hold and to operate a cable
television franchise, and has determined that the public interest
75C-3
Ordinance No. NS-XXX
Page 1 of 3
would be served by authorizing the Franchise Renewal Agreement.
This determination is based upon the following findings:
1. The quality of the Franchisee's service, including
signal quality, response to consumer complaints, and
billing practices, but without regard to the mix, quality,
or level of cable services or other services provided
over the system, has been reasonable in light of
community needs;
2. The Franchisee has the financial, legal, and technical
ability to provide the services, facilities, and
equipment as set forth in the Franchise Renewal
Agreement; and
3. The Franchisee's performance of the obligations set
forth in the Franchise Renewal Agreement will
reasonably meet the future cable-related community
needs and interests, taking into account the cost of
meeting those needs and interests.
Section 2. The City authorizes the renewal of a nonexclusive franchise
with the Franchisee to construct, operate, and maintain a cable television system
within the City. This authorization is made in accordance with the applicable
provisions of the Santa Ana City Charter, Article II of Chapter 15 of the Santa Ana
Municipal Code, the applicable provisions of state and federal law, and the terms
and conditions of the Franchise Renewal Agreement.
Section 3. The Franchise Renewal Agreement submitted to the City
Council is authorized and approved, and the City Manager is authorized to
execute that agreement on behalf of the City following its execution by the
Franchisee.
Section 4. Pursuant to the California Environmental Quality Act
(CEQA), a Categorical Exemption has been approved for this Project.
Section 5. 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
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
Ordinance No. NS-XXX
Page 2 of 3
75C-4
day of
,2005
ADOPTED this
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-2683 to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75C-5
Ordinance No. NS-XXX
Page 3 of 3
75C-6