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Home My WebLink About FULL PACKET_2010-10-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 20, 2010 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None CLOSED SESSION ITEMS POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:23 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: CYNTHIA J. NELSON, Deputy City Manager for Development Services JOSEPH W. FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Miguel Gonzalez vs City of Santa Ana, Case Nos. ADJ3878569, ADJ1024216 and ADJ3853371 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 CITY COUNCIL MINUTES 1 SEPTEMBER 20, 2010 1 0A -1 1C Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: City Attorney ADJOURNED 6:18 P.M. CITY COUNCIL MINUTES 2 SEPTEMBER 20, 2010 G r�7. REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:20 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: CYNTHIA J. NELSON, Deputy City Manager for Development Services JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido CLOSED SESSION REPORT Refer to Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Vic Edge - noted noise nuisance by neighbor's dogs. • Judy Edge - echoed Mr. Edge's comments; have tried to work with neighbor on resolving the issue to no avail; and requested the City address the ordinance relative to barking dogs. *Councilmember Sarmiento directed City Attorney Joe Fletcher and Police Chief Walters to work with Mr. and Mrs. Edge in resolving their issue and revise the ordinance. CITY COUNCIL MINUTES i NMI SEPTEMBER 20, 2010 CONSENT CALENDAR MOTION: Approve staff recommendations with the following modifications on the Consent Calendar Items 10A through 25G: • Mayor Pro Tern Alvarez pulled Item 22A for separate discussion. . MOTION: Martinez VOTE: MINUTES 10A AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 2010 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve a Compromise and Release agreement in the amount of $40,000 for Miguel Gonzalez vs City of Santa Ana, Case Nos. ADJ3878569, ADJ1024216 and ADJ3853371. 19B EXCUSED ABSENCES — None 19C SANTA ANA EMPOWERMENT CORPORATION FINANCIAL AUDIT FOR FY 2009 -2010 AND DISSOLUTION OF THE SANTA ANA EMPOWERMENT CORPORATION - Community Development Agency RECOMMENDED ACTIONS: CITY COUNCIL MINUTES 4 SEPTEMBER 20, 2010 1. Approve the closing Financial Audit of the Santa Ana Empowerment Corporation for fiscal year 2009 -2010 as prepared by Macias Gini & O'Connell LLP. 2. Authorize the City Attorney and City Manager to proceed with the dissolution of the Santa Ana Empowerment Corporation. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES Continued from the September 7, 2010 City Council meeting by a vote of 7 -0. Council discussion ensued. Proposed amended motion to one -year instead of one -year with provision for three, one -year renewals, in light of the economy and re -bid next year. AMENDED MOTION: Award a contract to Pestmaster Services for a one -year period in the annual amount not to exceed $252,000. MOTION: Alvarez VOTE: AYES: AGREEMENTS SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney. (Items 25A through 25G) CITY COUNCIL MINUTES 5 SEPTEMBER 20, 2010 1 0A -5 25A AGMT NO. 2010 -183 - BILL PRINT AND PAYMENT SERVICES - Execute an amendment with InfoSend, Inc. for a total not to exceed $223,000 annually, during the term from March 1, 2010 through February 28, 2012 - Finance & Management Services 25B AGMT NO. 2010 -184 - LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - Execute an amendment with Vista Del Verde Landscape, Inc. in an amount of $135,316 for a one - year term - Parks, Recreation & Community Services Agency 25C AGMT NO. 2010 -185 - INMATE MEDICAL SERVICES - Execute an amendment with Correctional Managed Care Medical Corporation in an annual amount not to exceed $1,255,985 - Police Department 25D AGMT NO. 2010 -186 - MEMORANDUM OF UNDERSTANDING (MOU) EXTENSION - With the Firemen's Benevolent Association (FBA) for a four -year contract extension covering July 1, 2010 through June 30, 2014 - Personnel Services Agency 25E AGMT NO. 2010 -187 - MEMORANDUM OF UNDERSTANDING (MOU) - With the Confidential Association of Santa Ana (CASA) for a two -year period covering July 1, 2010 through June 30, 2012 - Personnel Services Agency 25F AGMT NO. 2010 -188 - MEMORANDUM OF UNDERSTANDING (MOU) - With Service Employees International Union (SEIU) for a three -year period covering July 1, 2010 through June 30, 2013 - Personnel Services Agency 25G AGMT NO. 2010 -189 - MEMORANDUM OF UNDERSTANDING (MOU) EXTENSION - With the Fire Management Association (FMA) for a four - year contract extension covering July 1, 2010 through June 30, 2014 - Personnel Services Agency * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ORDINANCES /FIRST READING CITY COUNCIL MINUTES 6 SEPTEMBER 20, 2010 iil�l�� 50A ORDINANCE TO AMEND CHAPTER 11 OF THE DANCE ORDINANCE AND ESTABLISHING A FEE FOR COST OF EXTRAORDINARY POLICE DEPARTMENT SERVICES - Police Department MOTION: At the request of staff, continue consideration of matter to the October 4, 2010 Council Meeting. MOTION: Martinez VOTE: AYES: RESOLUTIONS SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55A RESOLUTION - BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2010 -044 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION SUPPORTING SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) BUSINESS FRIENDLY PRINCIPLES - City Manager's Office CITY COUNCIL MINUTES 7 SEPTEMBER 20, 2010 1 0A -7 MOTION: Adopt a resolution. RESOLUTION NO. 2010 -045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY MOTION: Martinez VOTE: AYES: WORK STUDY SESSION SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) WSA UPDATE ON AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDING UPDATE - Community Development Agency, Public Works Agency and Police Department • ARRA signed into law by President Obama on February 17, 2009 • Jumpstart our economy and create or save millions of jobs • Includes measures to modernize our nation's infrastructure, enhance energy independence, expand educational opportunities, preserve and improve affordable health care provide tax relief, and protect those in greatest need • ARRA Website - hftp://www.santa-ana.org/business/ARRA.asp • ARRA Proarams Overview Department/Agency ARRA Funding Community Development Agency (CDA) $ 24.6 million Police Department $ 7.4 million Public Works $ 6 million Total ARRA Funding $38 million COMMUNITY DEVELOPMENT AGENCY (CDA) ymm/A rro rams — LUA CDA Program ARRA Finding CDBG — R $1.8 mil CITY COUNCIL MINUTES 8 SEPTEMBER 20, 2010 illyx;� CDA Program ARRA Funding HPRP $2.8 mil Neighborhood Stabilization Program 1 $5.8 mil Neighborhood Stabilization Program 2 $10 mil Workforce Programs $4.2 mil Total ARRA Funding $24.6 mil Homelessness Prevention & Rapid Re- Housing (HPRP) • Award Amount: $2,831,989 • Awarded: September 2009 • Financial assistance and services to prevent individuals and families from becoming homeless • Help homeless to be quickly re- housed and stabilized • Target individuals and families who would be homeless • Provides rental assistance, housing relocation and stabilization services Proaram Proaress Program Budget Dollars Percent Expended Expended Homelessness $1,594,135 $437,687 27% Prevention Rapid Re- $1,117,534 $218,008 20% Housing Data $50,000 $14,000 28% Collection Administration $70,500 $39,118 55% HPRP Total $2,831,989 $708,813 25% Sub - Recipients • AIDS Services Foundation • Volunteer Center of OC /Illumination Foundation • Orange County Partnership • WISE Place • Interval House • Share Our Selves • Olive Crest • Mercy House • Public Law Center Neighborhood Stabilization Program 1 (NSP 1) CITY COUNCIL MINUTES 9 SEPTEMBER 20, 2010 LL1 A , • Award Amount: $5,795,151 • Awarded: March 2009 • Direct formula allocation from U.S. Dept of Housing & Urban Development (HUD) • Primary Objective: stabilize the neighborhoods affected by foreclosures • Selected Intermediaries through Request for Proposals process Requirements Actual • 25% of Grant funds be • As of Sept 20, 2010: 32 % dedicated to 50% AMI and dedicated to 50% AMI and below below 1 • 100% Obligation Deadline: • 100% Obligation Deadline met on September 5, 2010 time • 100% Expenditure • Currently expended 99.4% Deadline: March 5, 2013 20 Proaram Process Activity P' roperties Expended Properties Sold Low Moderate,. Down payment 4 $104,242.51 1 3 Single Family 13 $1,335,553.43 0 9 Condo /Historic 20 $1,888,867.34 10 1 Rental 2 $2,084,261.69 N/A N/A Administration N/A $348,254.99 N/A N/A Total 39 $5,761,179.96 11 13 Neighborhood Stabilization Program 2 (NSP 2) • Award Amount: $10,000,000 • Awarded: January 2010 • Competitive grant allocation from U.S. Dept of Housing & Urban Development (HUD) • 480 applicants • 56 Grantees awarded Nationwide; 15 Local governments • Primary Objective: stabilize the neighborhoods affected by foreclosures • Deadlines: • 50% of grant Expended by February 2012 • 100% of grant Expended by February 2013 Progress by Activity CITY COUNCIL MINUTES 10 SEPTEMBER 20, 2010 ii[ll_dl�� Activity: , i?roperties Budget Expended Pent. Down payment 0 $400,000 $0 Single Family 5 $6,100,000 $658,799.77 11% Rental 0 $2,500,000 $0 0% Administration N/A $1,000,000 $58,274.06 5.83% Total 5 $10,000,000 $717,073.83 7.2% Rental • Intermediary currently searching for qualified property More to Come... — HUD Announced NSP 3 on September 8, 2010 — Santa Ana allocated $1.4 million Weatherization Assistance Program (WAP) Community Action Partnership Orange County • Award Amount: $6,000,000 • U.S. Dept. of Energy • Primary Objective: enables low- income families to permanently reduce their energy bills by making their homes more energy efficient • Weatherization Activities include: • Replace /repair Furnaces • Replace /repair Hot Water Heaters • Installation of Ceiling Insulation • Replace /repair Exterior Doors and Windows • Installation of Water- Heater Blankets • Water Reduction Devices • Sealing Measures Deadlines: • 100% Expenditure Deadline: March 2012 Santa Ana Units: 21 ($2,242 /unit) Workforce Programs • Award Amount: $4.2 million • Providing 1,105 adults, dislocated workers and youth with training and assistance. Programs administered: • Entrepreneurship • On the Job Training • Vocational Training • Summer Youth Services • Rapid Response Services CITY COUNCIL MINUTES 11 SEPTEMBER 20, 2010 1 0A -11 Workforce Programs - Entrepreneurship • Award Amount: $302,830 • Provide unemployed individuals with assistance in starting a business • Goodwill Industries awarded $180,830 for a Future Business Owners Program • Assist 160 participants in creating a business plan and starting a small business • Delhi Center awarded $122,000 for an In Home Childcare Providers Program • Enroll 100 people and assist in operating a micro enterprise, creating a business plan, and obtaining state licensing *Mayor Pulido left the meeting at 6:50 p.m. Workforce Programs - On the Job Training • Award Amount: $500,000 • Designed to provide job seekers with hands -on training to develop a skill level necessary to secure full -time employment • Allocation used to subsidize trainee wages up to 6 months • 100 participants received training • Pay Range - $8.00 to $15.00 Workforce Programs - Vocational Training • Award Amount: $350,000 • Designed to provide job seekers with vocational training to improve their skills and obtain employment. • Services included but not limited to training in the medical, transportation and information technology fields. • 63 participants received training Workforce Programs - Youth Programs • Award Amount: $2,000,000 • Say Employment Program — Provided over 525 disadvantaged youth with paid summer work experience opportunities. • Placed in private, non - profit, and government organizations • Office, medical, manufacturing and customer service jobs • Paid $8.50 per hour, worked 20-40 hours per week for 8 -20 weeks • Award Amount: $30,000 • Santa Ana Unified School District/Green Project • Trained approximately 60 youth on introduction to green careers, GIS mapping and web design. • 4 weeks of work experience and classroom training • Youth received certificate from ROP Workforce Programs - Rapid Response Services • Award Amount: $267,765 • Provide services with the intent of preventing layoffs. • Rapid Response Services include: CITY COUNCIL MINUTES 12 SEPTEMBER 20, 2010 1 0A -12 • Workshops to businesses • Services Consultation serves new markets and /or emerging and high - growth industries. • Business assessment and viability studies Expected outcomes include increased revenues, profit and job retention /creation. Workforce Programs - Rapid Response Services • Award Amount: $117,675 • Hispanic Business Consultants • Business workshops , seminars and one -on -one consulting to small businesses • Serving 85 Santa Ana Businesses (22 Downtown Businesses) • Award Amount: $150,000 • Essergy Consulting • Business assistance workshop for 50 large -scale businesses • Will serve 12 Santa Ana businesses with intensive one -on -one counseling Proaress by Artivitv Activity. +Butlget Expended 1 Percent Expended On the Job Training $500,000 $265,602 53.12 % Entrepreneurial Training $302,000 $72,729 25.08% Vocational Training $350,000 $272,571 77.87% Rapid Response $267,765 $79,810 29.81% Youth Programs $2,078,031 $2,065,925 99.42% Administration $702,204 $435,858 62.07% Total $4,200,000 $3,192,495 76% Community Service Block Grant (CSBG) - Community Action Partnership Orange County • Award Amount: $662,752 • Allocated to 12 community organizations • Primary Objective: To create jobs or save jobs from elimination • Progress: 25 jobs created; 21 jobs saved; Served 2,037 clients in Santa Ana between September 2009 to July 2010 POLICE DEPARTMENT L PD Program ARRA Funding UTY COUNCIL MINUTES 13 SEPTEMBER 20, 2010 1 0A -13 COPS Hiring Recovery Program $6.7 mil Edward Byrne Justice Assistance (JAG) $743,000 Total ARRA Funding $7.4 mil COPS Hiring Recovery Program • Award Amount: $6,739,542 • Awarded: September 2009 • Competitive grant allocation from the U.S. Department of Justice (DOJ) • Funding for creating and preserving jobs and to increase their community policing capacity and crime - prevention efforts Program Overview • Department authorized 18 full -time Police Officer positions for three years 0 On average, process takes 18 months for new hires(recruitment and training) Program Progress • Department has Hired 20 full -time Police Officers o Over -hired due to normal attrition during training phases • 1 has completed all training and are currently in Patrol • 8 are scheduled to complete Field Training in Oct. • 1 is temporarily Injured (projected to return to full duty) • 5 are currently with Field Training Officers • 5 have either resigned and /or failed training • 3 Current Openings and are being recruited Edward Byrne Justice Assistance (JAG) Recovery Act • Award Amount: $743,000 • Awarded: September 2009 • Direct Allocation Program Overview • Department Authorized 2 full -time Police Officer positions for one year • Lateral Police Officers were hired o Lateral Officers have received all POST training and are only mandated to undergo Department training (FTO) • Department training (FTO) approximately 6 months • Time savings of almost one year by hiring lateral officers to offset current staffing shortages Program Progress • Department has hired 2 full -time Police Officers • Both have completed all training and are currently in Patrol CITY COUNCIL MINUTES 14 SEPTEMBER 20, 2010 1 0A -14 rutILIU VVVKK5 (VVVA PD Prograirn ARRA Funding Energy Efficiency & Conservation Block Grant $3.3 mil Transportation 1 $2.5 mil Total ARRA Funding 1 $5.8 mil Energy Efficiency & Conservation Block Grant • Award Amount: $3,267,500 • Awarded: October 2009 • Actual Start Date: April 2010 • Direct formula allocation from U.S. Dept of Energy (DOE) • Primary Objective: reduce fossil fuel emissions, reduce total energy usage, and improve energy efficiency • Activities • HVAC Upgrades - $950,000 • Park Lighting - $1.8 million to upgrade 24 parks • Building Lighting - $496,000 to upgrade 14 buildings • Projected Benefits • Expected to Save 795,341 kWh per year • Expected to save 383 tons GHG emissions • Expected to create 39.21 jobs Targets Actual Contracts Awarded by June 30, Met: Contracts awarded in Sept. 2010 2009 20% of Award accessed by Sept. Met: 35% of award accessed to 30, 2010 date 50% of Award accessed by June Anticipate: 100% of award 30, 2011 accessed by Feb 2011 Progress Made: HVAC activity is 47% complete Park lighting is 15% complete Building lighting has not started Expected Completion: January- February 2011 Arterial Improvements Grant Amount: $2,542,704 Federal Agency: U.S. Department of Transportation — Federal Highway Administration (FHWA) Purpose of Grant: Create new jobs and save existing ones Spur economic activity and invest in long- term growth CITY COUNCIL MINUTES 15 SEPTEMBER 20, 2010 1 0A -15 Construction and repair of roads Projects: Civic Center: French to Santiago McFadden: Bristol to Flower McFadden: Maple to Standard Lyon: Edinger to Chestnut Projects: • Segments of arterial streets throughout the City have been identified as a high priority for rehabilitation • The project provides for recycling of existing asphalt pavement with the cement treated base reconstruction process, and replacement of damaged curbs, gutters, sidewalks, and curb ramps. • Total ARRA: $2,542,704 • Total completed to -date: $1,865,451 Council discussion ensued. Councilmember Tinajero requested clarification on police officers being hired; staff reported that applications are currently being accepted. Councilmember Benavides commended staff for receiving competitive grant and for efforts to improve many areas of the community with funds including street improvements, housing rehabilitation, and more police officers; asked that information on programs be available on City's website. Councilmember Bustamante also commended staff for efforts Councilmember Martinez thanked Congresswoman Loretta Sanchez for support and partnership in this effort and thanked staff for innovation. Councilmember Sarmiento noted that almost $40 million has been invested in the community through infrastructure improvements, additional policing, and community development programs. Mayor Pro Tern Alvarez asked that progress be documented through Good News Articles on City's website and thanked staff for tremendous undertaking. CITY COUNCIL MINUTES 16 SEPTEMBER 20, 2010 iillym � COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Commented on the Mexican Bicentennial festivities held over the weekend; events were great success and commended staff and Mexican Consulate office for efforts; • Encouraged families to celebrate National Family Day on Monday, September 27, 2010; and • Requested meeting be adjourned in memory of SCAG Executive Director, Hasan Ikhrata's dad (Mr. Muhammad Ikhrata). ADJOURNED- 7:16 P.M. - The next meeting of the City Council is scheduled for Monday, October 4, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Mr. Muhammad Ikhrata Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 17 SEPTEMBER 20, 2010 1 0A -17 RILAIWOO,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: October 1, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 7- L- 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2010 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence October 1, 2008 and prior Correspondence/ October 1, Chronological Files Councilmember Self- explanatory 2008 and prior Council Requests Mayor Inquiries processed for Mayor October 1, 2008 and prior Wards 1 through 6 Inquiries processed for Councilmembers October 1, 2008 and prior Correspondence General Correspondence Self- explanatory October 1, 2008 and prior Staff Inquiries processed for Staff October 1. 2008 and prior Monthly Status Reports City Manager Self- explanatory October 1, 2008 and prior Payroll Records Council /Staff Self- explanatory October 1. 2008 and prior October 1, Travel Folders Council /Staff Self- explanatory 2008 and prior APPRO David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: X� -l�vl 2.7 7/(0 Joseph W. Fletcher Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE REQUEST FOR PROPOSALS FOR WATER METER REPLACEMENT SERVICES a4K - - 9,� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to send the attached Request for Proposals to qualified firms to provide water meter replacement services. DISCUSSION The City's water system includes approximately 45,000 water meters that are used to measure water sales to customers. The life expectancy of these meters is approximately 10 to 15 years. Obsolete water meters tend to under register flow, which can greatly reduce revenue collections. Once meters reach the end of their service life, they are replaced by Water Resources Division personnel. Currently, there are approximately 8,000 small water meters in the City's water system that are more than 15 years old. The Water Resources Division has experienced a reduction in personnel in the last several years. The number of Water Meter Repairer positions (the positions responsible for meter replacements) was reduced from four to three during the last fiscal year. With the current water shortage and economic downturn, these same staff members have also seen an increase in other customer services related activities. Some of the calls they handle include high water bill complaints, water quality issues, and requests for service shut off. An internal review of water maintenance activities showed that contract services could potentially be used to reduce the backlog of obsolete water meters. The proposed contract is intended to replace approximately 3,000 meters during the current fiscal year. Should a contract be awarded to perform this work, workers with training and certifications similar to those possessed by City's Water Quality Staff will be required. 19D -1 Request for Proposal for Water Meter Replacement Services October 4, 2010 Page 2 Contracting out this activity will not result in layoffs or reassignments of existing City staff. A one year contract is being considered with an option to extend for additional years if this program is cost - effective. The intent is to use contract services to supplement existing City staff to eliminate deferred maintenance in the water meter replacement program. FISCAL IMPACT Funds are available in the Water Quality and Measurement Fund (account no. 06017644- 62300). Raul Godinez II Executive Director Public Works Agency RG /RB Exhibit 1: Request for Proposals APPROVED AS TO FUNDS AND ACCOUNTS: UNMZ3 14 LA Francisco Gutierrez Executive Director Finance & Management Services Agency WI MA REQUEST FOR PROPOSAL CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT MANAGER THOMAS L. DIX WATER SERVICES QUALITY COORDINATOR PHONE (714) 647 -3316 E -mail: tdix @santa - ana.org Proposal Due Date: XXXX, 2010 During the Proposal period, all questions must be in writing and faxed to 714 - 647 -3345, Attention: Thomas L. Dix, No later than, XXXX, at 4:00 p.m. Copies of the questions and answers will be provided to all Consultants intending to respond. No verbal responses will be given. Exhibit 1 CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa �n�� .}yater Resources �{{/ Page 1 of 27 REQUEST FOR PROPOSAL WATER METER REPLACEMENT SERVICES GENERAL The City of Santa Ana is soliciting proposals from qualified firms to provide Water Meter Replacement Services. The City has over 44,000 water meters that are maintained and replaced according to a replacement schedule. A detailed scope of work is outlined in Section E of this RFP. The city will enter into an agreement with the firm to provide Water Meter Replacement Services. Upon receiving this Request for Proposal (RFP), consultant shall notify the City in writing and faxed to 714 - 647 -3345 (Attention: Thomas Dix) regarding its intent to respond to the RFP. The Consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in -house staff and/or sub - consultants satisfactory to the City to complete the assignments. For specialized work for which the prime consultant will require a sub - contractor, the prime consultant will serve as an administrative liaison between the City and the sub - contractor. The prime consultant mark -up for sub - consultants shall not exceed 15 %. The proposal shall be concise, to the point, and sufficient enough to cover all required submittals and exclude any extraneous materials. A cover letter shall summarize key factors and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. PROPOSED SCOPE OF SERVICES A. Terms Upon completing the selection process, the selected consultant will be awarded a one - year contract for a "not to exceed fee* to be determined. B. PROJECT BACKGROUND This request is for Water Meter Replacement Services for the City of Santa Ana water distribution system. The City of Santa Ana desires to keep the water meter replacement program as an integral part of our general water asset maintenance program. Water meter replacement is an essential task and a key element to accurate customer billing. The City of Santa Ana is located in Orange County in Southern California. The City of Santa Ana's water system consists of approximately 475 miles of water mains with nearly 45,000 water service connections, 4,850 hydrants, and 6,00 water distribution valves. The city land area is 27.2 square miles and the population is approximately 350,000 people. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-4 Page 2 of 27 Today, the City has aggressively been replacing aging water meters. All general water meter maintenance and replacement has been done by the City's water quality services crew. C. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibility for all services offered in their proposals. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract agreement. Consultant shall tightly control the quality of the work performed by in -house staff and /or sub - consultants. Incomplete (not meeting targeted percentage completion) or poor quality of work will not be accepted. Sub - consultant work shall not exceed (15 %) of the contract agreement. A list of all sub - consultants shall be submitted as part of the proposal. A detailed list of all the sub - consultant tasks shall be included in the proposal. D. PROJECT MANAGEMENT Meetings The Consultant will be required to attend meetings at the City of Santa Ana facilities. After the project has been awarded, a kick -off meeting will be held. Progress meetings will be held on as needed basis. The Consultant will meet with representatives from the City and hold training workshops at the City offices. During these visits, the consultant will meet with the City of Santa Ana Water Resources personnel to discuss the water system infrastructure, water meter information, INFRAMAP software and security. Progress Reports Prepare and submit a monthly report in electronic format to the project manager /engineer that includes the following: • A narrative description of work performed by major task along with a map and spreadsheet to graphically depict the progress and areas of work. The City will provide a computer tablet with INFRAMAP software as a loaner to accomplish the digital field data collection. • A table indicating the person -hours and dollars budgeted for each task and the expenditures to date. • A summary in percentage of overall project completion and expenditures of time, person- hours, and dollars during the preceding month. • An updated project work schedule depicting current status of the project, including revisions to the schedule, modifications and or impacts to the milestone dates. • A list of issues and /or anticipated problems to be discussed. A copy of all correspondence, logs of significant telephone conversations and memoranda. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-5 Page 3 of 27 E. SCOPE OF SERVICES In general, the Consultant shall perform water meter replacement services for the City of Santa Ana water distribution system. Consultant shall perform the following tasks: 1. Consultant shall pick up water meters and curb stops from the City of Santa Ana Corporate Yard located at 220 S. Daisy Ave. The City Corporate Yard is open from 7 a.m. to 3 p.m. during the work week 2. All water meter replacements shall be 5/8 "x 3/4 ", 3/4" x 1" or 1" meters and all curb stops will be replaced. 3. Meter box will be cleaned and prepped. Debris will not be put back in the meter box. 4. Debris from the cleaning and prepping of the meter box shall be hauled away by Consultant at Consultant's expense. The City will not provide a site to dispose of debris. 5. Consultant shall haul away replaced meters and drop them off at the City Corporate Yard located at 220 S. Daisy Ave. 6. New gaskets and coupling faces will be installed by Consultant and couplers will be properly aligned and tightened. 7. Consultant shall document the meter exchanges in the format provided by the City as well as enter the data in the City's infraMAP data system. Consultant shall provide the documentation information to the City on a weekly basis. 8. As meters and curb stops are replaced, Consultant shall note the condition of the meter box and the circumstances'of the area surrounding the box. Any meter boxes requiring replacement shall be documented and documentation submitted to the City. 9. Consultant shall replace all curb stops under pressure (curb stop stabbing). 10. Consultant shall supply the full face gaskets, brass and bronze nuts, bushings, and other small parts as necessary for meter replacement. Consultant is expected to install correct meter couplings /reducers, if needed, during meter replacement. 11. If Consultant encounters a situation where the existing meter box requires replacement, Consultant shall note it and include this information in its monthly report to the City. 12. If Consultant encounters a situation where the customer's pipes or the City's pipes are in a condition that could cause a leak, Consultant shall skip this location and document it. Consultant shall include this information in its monthly report to the City. 13. If Consultant encounters a situation where there is an excessive leak, contact the City's primary contact immediately. 14. If Consultant damages the customer's service lines during the course of replacing the meter, Consultant shall immediately contact the City's representative and shall be responsible for repairing the line at the time of damage. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-6 Page 4 of 27 15. If Consultant encounters a meter where angle stops are installed, Consultant shall skip this location and document it. Consultant shall include this information in its monthly report to the City. 16. City will provide the Consultant a meter replacement schedule. City will provide the Consultant with addresses, meter numbers, etc. of meters to be replaced. 17. City shall supply all replacement meters and curb stops. 18. Under no circumstance shall Consultant be allowed to operate water distribution valves. If the Consultant encounters a situation where the water need to be shut off, the Consultant shall contact the City's primary contact. City Responsibilities: 1. City will assign a primary and secondary contact for the meter replacement project 2. City will provide the Consultant a meter replacement schedule. 3. City shall provide the meters and curb stops needed for this project. F. CERTIFICATION AND EXPERIENCE REQUIREMENTS This project involves the maintenance and replacement of assets of the City's water distribution system. Improper handling and /or lack of knowledge of water distribution systems can result in negative effects on the system that may result in health and safety impacts. The Consultant shall demonstrate that the personnel that will be assigned to this project be, at minimum, certified by the State of California Department of Health Services (CDPH) as a Water. Distribution Operator Grade D1. The Consultant's shift supervisor overseeing maintenance operations assigned to this project must be, at minimum, certified by CDPH as a Water Distribution Operator Grade D3. Consultant shall submit copies of the certifications' as part of their response to this proposal. Consultant must also demonstrate at least three (3) years of experience performing similar work. Consultant shall provide three (3) references that the City may call as part of their proposal. G. COMPENSATION This proposal shall indicate a unit fixed fee for Water Meter Replacement Services as outlined in this proposal. The fee shall include the Consultant's personnel including sub consultants, if any, and all direct and indirect expenses to complete the work. Payments shall be made on the basis of work completed as agreed upon by the City. Additional Services, as authorized in writing by the City, will be paid at the unit billing rate. All fees shall be considered full compensation to perform work as outlined in the scope of services and no additional compensation will be allowed therefore. H. TENTATIVE SCHEDULE Issue Request for Proposal (RFP) XXXX, 2010 CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 1901-7 Page 5 of 27 Submit Notice of Intent to Respond to City XXXX, 2010 Submit Questions to City XXXX, 2010 Submit Proposals to City XXXX, 2010 Award Contract XXXX, 2010 Begin Work XXXX, 2010 Proposals are due in the office of the Executive Director, Public Works Agency, at 20 Civic Center Plaza, Ross Annex, M -21, 4th Floor, Santa Ana, California, 92701, ATTN: Thomas Dix, on or before 4:00 p.m., XXXX, 2010. I. ISSUING OFFICE Santa Ana Public Works Agency, Office of the Executive Director, 20 Civic Center Plaza, Ross Annex, 4th Floor, M -21, Santa Ana, California 92701. J. PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre - contractual expenses: Pre - contractual expenses are ` defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such ,expenses as part of the price as proposed in response to this RFP. K. ADDENDA Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP. L. PROPOSAL CONTENT AND SIGNATURE Three (3) copies of the proposal will be required with all copies having been signed by the individual or, if a company, the company official with the power to bind the company in its proposal. The fee schedule, Attachment D (3 copies) and Attachment A shall be separately bound, sealed, and submitted to the City. To be considered, all proposals shall be completely responsive to the RFP. M. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award. Any damage accruing to the City as a result of a CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources ]eee� Page 6 of 27 failure to contract may be recovered from the consultant. A sample agreement is attached for reference (Attachment C). N. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibility for all services offered in their proposals. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. O. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" — this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction will not limit the City the right to use information contained herein if it is obtained from another source. P. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. Q. RULES FOR PROPOSALS The signer of the proposals must declare in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without; collusion with any other person, persons, company, or parties submitting a proposal; it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the principal proposer. R. METHOD OF PAYMENT The consultant, shall submit monthly invoices to the City for the services rendered for that month. The invoice shall include a detailed breakdown of the services, limits, the tasks, the hours, and the unit costs. S. REGULATIONS The selected consultant will be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. T. INFORMATION REQUIRED FROM CONSULTANT Proposals shall be submitted in the format as described below: CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources ■_Ce • J Page 7 of 27 Organization and Credentials The name, address and telephone number of the person of whom correspondence should be directed and who has authority to negotiate on behalf of the firm. Provide a synopsis of the consultant's qualifications and past experience in Water Meter Replacement Services. Work Plan Provide a narrative rendition of the technical work plan and procedures required to perform the work as described in the Proposed Scope of Services. The following information must be included as a minimum: • Show required task • Employee's designation and man -hours to complete each task • Total number of hours to complete the Scope of Work • Provide detailed information and an outline: indicating the specific steps in each of the scope of services items of work to insure quality and control. Services, including specific tasks and estimate. Staffing The consultant shall identify their Project Manager, and other key personnel to be assigned to the project, their qualifications, representative experience, and their capability to explore and resolve problems. Consultant shall submit copies of their personnel's Water Operator or Water Treatment Certifications issued by the State of California Department of Health Services. Certified operators are required at the time the proposals are due, failure to submit proof of certification will result in disqualification. Once the agreement is executed, the Consultant's staff shall not be substituted without the prior written approval of the City of Santa Ana. Sub - consultants The Consultant shall identify any sub - consultants it intends to employ in relation to this contract. The Consultant shall identify sub - consultant's qualifications and key personnel. The Consultant shall be held responsible for any and all work performed by the Consultant's sub - consultant. List any sub - consultants the Consultant intends to utilize and the percentage of work each sub - consultant will perform for each of the task. If the Consultant will not utilize a sub - consultant for any portion of this contract, the Consultant shall utilize this heading to make a statement declaring that no sub - consultants will be employed for this contract. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 1901-10 Page 8 of 27 References List a minimum of three (3) references from previous or existing projects in water meter replacement services that the City may contact. Fee Schedule (Attachment D) The Consultant shall complete the fee schedule (Attachment D) for the proposed services. Consultant shall provide a table of total dollars and estimated person - hours for the items listed in Attachment D. be separately bound, sealed and submitted to the City. The fee schedule shall include the following: • Rate per meter for 5/8 "x 3/4" water meter and curb stop replacement. The City reserves the right to increase or decrease the quantity of 3/4" water meters to be replaced based on the unit prices provided. • Rate per meter for 3/4 "x 1" water meter and curb stop replacement. The City reserves the right to increase or decrease the quantity of 5/8" water meters to be replaced based on the unit prices provided. • Rate per meter for 1" water meter and curb stop replacement. The City reserves the right to increase or decrease the quantity of 1" water meters to be replaced based on the unit prices provided. Additional Information and Comments The contents under these headings are left to the discretion of the Consultant. Material shall be pertinent to the proposal. U. CRITERIA FOR SELECTION The response to this Request for Water Meter Replacement Services Agreement should contain documentation of consultants and /or consultant's agency's credentials and expertise in this field. Substantial consideration will be given to Consultants with demonstrable and documented experience in similar work. Responses will be evaluated on the basis of the qualifications, abilities, responsiveness of the proposing firms, references and fee schedules. The responses received will be reviewed by an evaluation committee appointed by the Executive Director of the Public Works Agency. All proposals received will be fully reviewed and rated by the Evaluation Committee. The ultimate Consultant selection will be based upon both technical merit and cost competitiveness. V. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 1 Page 9 of 27 enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non - Discrimination by Consultants" shall be completed by each submitting firm and included in the proposal (Attachment A). W. INSURANCE REQUIREMENTS A certificate of insurance additional insured endorsement is enclosed for your reference (Attachment B). Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement (Attachment C). The certificate shall include the City of Santa Ana, its officers and employees as insured or additional insured. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 2 Page 10 of 27 AT7i`1 CHWA T A Certification of Non - Discrimination by Consultants CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 3 Page 11 of 27 CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 4 Page 12 of 27 Sample Certificate of Insurance ADDITIONAL INSURED ENDORSEMENT CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 5 Page 13 of 27 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Arta, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , the endorsement form as part of Policy # Issued to Name Insured Countersigned by CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 6 Page 14 of 27 ATTIC 114r1FNT C Sample Contract Agreement CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 7 Page 15 of 27 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this by and between day of , 2002, ( "CONSULTANT ") and the City of Santa Ana, a municipal corporation of the State of California ( "CITY "). WITNESSETH Recitals: A. CITY desires to retain a professional firm having skill and knowledge in the field of Engineering for the purpose of preparing construction documents for the project. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. REPRESENTATIVES AND NOTICE A. For purposes of implementing this Agreement, the representatives of CITY shall be the Executive Director of the Public Works Agency and his designated representatives (the "Director ") and the representative of CONSULTANT shall be the Vice - President. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this AGREEMENT. B. Any notice or instrument required to be given or delivered to either party to this AGREEMENT may be delivered by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources G Lei 9 -9_E:� Page 16 of 27 If to CITY: Executive Director Public Works Agency City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 If to CONSULTANT: Notice of change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above - described procedure. 2. SCOPE OF SERVICES OF CONSULTANT CONSULTANT agrees to perform, at its oven cost and expense except for the compensation specified in this Agreement, the services specified in the RFP, attached hereto as "Exhibit A" and incorporated herein by reference, and the Proposal, attached hereto as "Exhibit B" and incorporated herein by reference, subject to modifications as may be set forth in the text of this Agreement. 3. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in the field specified in Recital A of this Agreement, and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in that field. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-1 9 Page 17 of 27 4. TIME OF COMPLETION The services to be performed pursuant to this Agreement shall be completed within months from the day of written notification to proceed from the Director, subject to extension with the approval of the Director, which shall not be unreasonably withheld. 5. CITY OBLIGATIONS CITY shall provide CONSULTANT with all records in the possession of CITY which will be of assistance to CONSULTANT in the performance of this Agreement. 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept payment in accordance with the fee schedule set forth in the Proposal, provided that total compensation for all work within the scope of the RFP and the Proposal shall not exceed CONSULTANT shall submit monthly invoices each accompanied by a detailed statement of services performed during the period for which payment is requested. Payment by CITY shall be made within thirty (30) days following receipt of a proper invoice, subject to CITY accounting procedures. Notwithstanding the foregoing, payment need not be made for work that fails to meet the standard of performance specified in Section 3. CONSULTANT and the Director may agree upon the performance by CONSULTANT of additional work beyond the scope of RFP and the Proposal but related thereto this Agreement. However, total payments to CONSULTANT pursuant to this Agreement, including all such additional work, shall not exceed $ without the approval of CITY. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D -20 Page 18 of 27 7. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify and hold harmless CITY, and its officers, agents, representatives, volunteers and employees from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of CONSULTANT'S negligent performance or failure to perform, any and all things necessary to and required to be done by CONSULTANT, pursuant to the specifications in the Agreement. 9. INSURANCE With respect to performance of work -under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: A. Worker's Compensation insurance with statutory limits, any employer's liability insurance with limits not less than $1,000,000 per accident. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-21 Page 19 of 27 B. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project CONSULTANT performs for CITY. Such insurance shall (a) name CITY, The Orange County Sanitation District, and their officers, agents, representatives, volunteers and employees as additional insureds; (b) be primary with respect to insurance or self - insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions; and (d) give to CITY prompt and timely notice of claim made or suit instituted arising out of CONSULTANT's operations hereunder. C. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per occurrence. CONSULTANT shall (a) furnish properly executed certificates of insurance and additional insured endorsement to the Director prior to commencement of work under this Agreement, which shall clearly, evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to CITY; (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. The Director may waive or reduce the requirements of this section if and to the extent the Director determines them to be unreasonably burdensome to the CONSULTANT and not necessary for the protection of CITY. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-22 Page 20 of 27 10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon 30 days written notice of termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT for work actually performed to the end of the 30 day period. As a condition of such payment, the Director may require CONSULTANT to deliver to CITY all work product completed as of such dated, and in such case such work product shall be the property of CITY, and CONSULTANT consents to CITY'S use thereof for such purposes as CITY deems appropriate. 11. MISCELLANEOUS PROVISIONS` A. By signing this Agreement, CONSULTANT certifies that it does not discriminate in hiring on the basis of race, color, creed, religion,, sex, age, marital status, national origin, ancestry, physical handicap, or medial conditions. B. CONSULTANT shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the Director; provided, however, that claims for money due or to become due from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Director. C. CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all CONSULTANT's personnel shall be employees or subcontractors of CONSULTANT and not employees of CITY. CONSULTANT shall pay all salaries and wages, employers social security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D -23 Page 21 of 27 D. CONSULTANT shall not subcontract any of the services required hereunder without prior written approval of the Director. E. CONSULTANT reserves the right to effect changes in form or name, including but not limited to changes from individual proprietorship, partnership or corporation to any other such form of organization, and likewise reserves the right to add, substitute or delete stockholders, partners, associates, and employees. This Agreement shall continue in effect with regard to CONSULTANT under its new form or name without the necessity of any amendment to this Agreement. The Director shall be promptly notified of any such change in form or name. F. Nothing in this Agreement shall be construed to limit the CITY's ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY. G. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. H. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, with respect to such services, which are not embodied herein. J. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. K. This Agreement may not be modified or amended except in writing signed by CITY and CONSULTANT. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-24 Page 22 of 27 L. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-25 Page 23 of 27 The parties have executed this Agreement as of the date and year first written above. ATTEST: Patricia E. Healy Clerk of the Council RECOMMENDED FOR APPROVAL: James G. Ross Executive Director Public Works Agency APPROVED AS TO CONTENT: David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney CITY OF SANTA ANA Miguel A. Pulido Mayor YOUR COMPANY NAME Name/Title ID # CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-26 Page 24 of 27 1 I/ (�1 t `, i' ' I) Fee Schedule CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-27 Page 25 of 27 CITY OF SANTA ANA Water Meter Replacement Services FEE SCHEDULE TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned declares that he /she has carefully examined the request for proposal, that he /she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule: Item # Bid Item Unit Ouantity Unit Price Amount 1. Replace 5/8 "x 3/4" Water Meter and EA 3,000 $ $ Curb Stop 2. Replace 3/4 "x 1" Water Meter and Curb EA 500 $ $ Stop 3. Replace 1" Water Meter and Curb Stop EA 500 $ $ Total $ Address Phone(s) Bidder Signature BIDDER CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-28 Page 26 of 27 CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D-29 page 27 of 27 MUSIC REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONTRACT RENEWAL FOR CHAIN LINK FENCE RENTALS (SPEC. NO. 09 -030) �1 CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with S & S Rent -A -Fence for chain link fence rentals for a one -year period in an annual amount not to exceed $44,000. DISCUSSION The Public Works Agency uses temporary fencing to ensure public safety and reduce liability around City - owned properties scheduled for construction or demolition. Fencing is installed within 24 hours, when necessary, to provide immediate public safety. Fencing is rented on a month -to- month, six -month or annual basis. On July 6, 2009, the City Council awarded a contract to S & S Rent -A -Fence for a one -year period with provision for four one -year renewals. S & S Rent -A -Fence has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Community Development Agency Merged Housing Capital Projects and Downtown Maintenance accounts and the Public Works Agency Environmental Sanitation Account (account nos. 50718830 - 66220, 40718842 -62300 and 06817640- 62300). Raul Godinez II U Executive Director Public Works Agency Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency I'm APPROVED AS TO FUNDS AND ACCOUNT: 1, V%-. r.A___M1 '��A 1-6 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONTRACT RENEWAL FOR PAINT AND SUPPLIES (SPEC. NO. 06 -125) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Vista Paint Corporation for paint and supplies for a one -year period in an annual amount not to exceed $80,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides an assortment of interior and exterior paints and supplies such as brushes, rollers, and masking tape to departments throughout the City. The Public Works Agency (PWA) and Parks, Recreation and Community Services ( PRCSA) utilize the majority of the paint and supplies purchased. The PWA requires industrial and traffic paints for graffiti abatement, fire hydrants, curbs, crosswalks, and lane markings; the PRCSA requires supplies to maintain various recreation centers and park restrooms. The contract for paint and supplies is designed to provide quality products at significant savings based on quantity pricing. On October 2, 2006, the City Council awarded a contract to Vista Paint Corporation for a one - year period with provision for four, one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract; however, the vendor has requested a three percent increase due to rising costs of raw materials. Staff verified the increase is less than market indicators and the vendor continues to offer competitive prices. Staff recommends the final renewal of the contract. Annual amounts are based upon past usage and staff's projection for the next year. 22B -1 Contract renewal for paint October 4, 2010 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 63001). s� Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency lk- BP G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONTRACT AWARD FOR DELL COMPUTERS (SPEC. NO. 10 -035) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Dell Computer Corporation, for the purchase of 25 computers in an amount not exceed $28,000. DISCUSSION On June 4, 2010, the Santa Ana W /O /R/K Center was awarded a Department of Labor Earmark Grant in the amount of $714,000 to establish a Job Tech Center computer lab. The lab will be used to provide training and employment services to Santa Ana residents. Training programs will include reading, math, basic computer skills, and green job skills in a computer based system. Rancho Santiago Community College District will provide the green job instructional program in Water Distribution, Solar Energy Technology fields as well as programs in basic computer literacy. In addition, the Santa Ana W /O /R/K Center and The Cambodian Family will provide employment services to the participants. The grant includes funds to purchase 25 computers and related equipment to establish the Job Tech Center computer lab. Fifteen computers will be placed at the Santa Ana W /O /R /K Center and the remaining ten will be loaned to The Cambodian Family, to provide an alternate location for participants to access the computer based training programs and for use in employment activities. The purchase of the 25 computers is an important step in enabling the Job Tech Center to provide an essential portion of the services mandated by the grant. The Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi -State Cooperative Agreements for Commodities, IT Goods 22C -1 Contract Award for Dell Computers October 4, 2010 Page 2 and Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of both goods and services. Dell Computer Corp. is a manufacturer offering WSCA pricing. This purchase, when combined with purchases made by the City with Dell Computer Corporation, exceeds the $25,000 aggregate limit, requiring Council approval. FISCAL IMPACT Funds are available in the Community Development Services, DOL Computer Literacy grant account (no. 13218743 - 66400). w Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONTRACT RENEWAL FOR CHEMICALS, SOIL, PLANT AND WATER TREATMENT (SPEC. NO. 07 -069) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contracts for chemicals for a one -year period in the annual amount as follows: Vendor: Crop Production Services, Inc. Waterline Technologies, Inc. DISCUSSION Location: Amount: Santa Ana $35,000 Santa Ana $28,000 The Parks, Recreation and Community Services Agency and the Public Works Agency require chemicals to disinfect public swimming pools, water fountains, park lakes, sewer system, and water wells throughout the City. The chemicals are purchased through the Central Stores warehouse for distribution to the agencies. The contracts for chemicals are designed to provide quality products at significant savings based on quantity pricing, as well as miscellaneous items. On September 4, 2007, the City Council awarded contracts to the listed companies, both Santa Ana vendors, for a one -year period with provision for three, one -year renewals. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the final renewal of the contracts. Annual amounts are based upon past usage and staff's projection for the next year. 2201-1 Contract Renewal for Chemicals — Soil, Plant, and Water Treatment October 4, 2010 Page two FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses (account 63001). Francisco Gutierrez Executive Director Finance and Management Services Agency( ,J km 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONTRACT AWARD FOR REPLACEMENT POLICE PATROL SEDANS (SPEC. NO. 10 -036) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, for the purchase of 25 police patrol sedans in the amount of $679,253.75. DISCUSSION The Police Department operates a fleet of 111 Ford Crown Victoria Police sedans of which 88 are dedicated to Police patrol. Replacements are typically based on mileage and performance. During the past fiscal year, the City opted not to replace any vehicles and extend the life of the patrol vehicles with a more aggressive maintenance program. However, some police vehicles now exceed 100,000 miles and maintenance costs have increased with the vehicles operating a minimum of 8 -12 hours per day, as well as double shifts. It is recommended that to cap escalating repair costs that 25 patrol vehicles purchased prior to 2004, be replaced in fiscal year 2010 -2011. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Los Angeles' contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (07510101- 66400). Paul M. Walters Chief of Police NIN APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Management Services Agency 22E -1 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: AGREEMENT WITH KNOWLEDGE & INTELLIGENCE PROGRAM PROFESSIONALS (KIPP) FOR TERRORISM LIAISON OFFICER TRAINING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on l'tReading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of Council to execute the attached agreement with Knowledge & Intelligence Program Professionals (KIPP), to provide Terrorism Liaison Officer Training services to Anaheim /Santa Ana Urban Area in an amount not to exceed $200,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, and exercises. The City of Santa Ana has fiscal responsibility for the FY09 UASI grant for the Anaheim/ Santa Ana Urban Area which encompasses the 34 jurisdictions in Orange County. The grant calls for a Terrorism Liaison Officer Training Program. This program creates a process for information sharing between local first responders from all disciplines as well as with local, state and federal intelligence fusion centers. Knowledge & Intelligence Program Professionals (KIPP) was chosen as it met all of the listed specifications outlined in the request for proposals which was initiated in August, 2010. FISCAL IMPACT Funds are available in the FY 2009 UASI Grant Program through Project J — Information Sharing fund account (no.12514407- 62300 - 10425701187) as approved by the City Council with Resolution No. 2009 -042. 25A -1 Agreement with Knowledge & Intelligence Program Professionals for Terrorism Liaison Officer Training OCTOBER 4, 2010 Page 2 Pau M. Walters Chief of Police Police Department Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: 25A -2 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5`h day of October, 2010 by and between Knowledge & Intelligence Program Professionals (KIPP), a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter rty ). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the FY09 Urban Areas Security Initiative ( "UASI "), has applied for, received and accepted a grant from the federal Department of Homeland Security and through the State of California, Emergency Management Agency, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant ". B. The City desires to conduct a Terrorism Liaison Officer (TLO) Training Program, collectively "TLO Training." C. Consultant represents that they have the necessary skills and experience to provide assistance in designing, planning and conducting the TLO Training. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall design, plan and conduct TLO Training for the Anaheim / Santa Ana Urban Area, in accordance with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by reference. All services required hereunder shall conform in all respects to standards for such Training issued by the U.S. Department of Homeland Security. The parties anticipate that additional training may be planned and executed during the term of this Agreement. The City Manager and Chief of Police for the City of Santa Ana are hereby authorized to approve such additional training, in writing, as they determine will fulfill the objectives of the Grant. Exhibit 1 Page 1 of 9 25A -3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $200,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing the completion of milestones as set forth in Exhibit A, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all documents, outlines, materials distributed during classes, and any other written papers or materials prepared for the presentations hereunder, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such property for its own business purposes so long as such use is not contrary to the interests of Santa Ana. 4. TERM This Agreement shall commence on the date first written above and terminate on satisfactory completion of all training and submission of required evaluation and After Action Reports to the City, which the parties agree should be substantially complete on or before March 30, 2012. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 9 25A-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any covered act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement to be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability Insurance. If Consultant is or employs a licensed professional such as an architect or engineer, Consultant shall provide professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not less than $2,000,000 annual aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, or just compensation, arising out of claims for personal injury, including health, and claims for property damage, to the extent Page 3 of 9 25A -5 they arise from the negligent or willful misconduct in the performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique to the act, and the actions that may be taken in controlling, preventing or suppressing acts of terrorism are unique to the act, Consultant is not responsible to City for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action which may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 9 1 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -97) Santa Ana, California 92702 Telefacsimile (714) 245 -8745 Attn: Enrique Esparza and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647 -6515 To Consultant: Hal Kempfer, CEO Knowledge & Intelligence Program Professionals (KIPP) 4401 Atlantic Ave, Ste 200 Long Beach, CA 90807 USA Ph (562) 984 -2050 Fax (562) 984 -2001 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties Page 5 of 9 25A -7 agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 9 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ma and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". Page 7 of 9 f. Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria Huizar Clerk of the Council CITY OF SANTA ANA, a municipal Corporation of the State of California DAVID N. REAM City Manager 25A -10 Page 8 of 9 APPROVED AS TO FORM: KIPp JOSEPH W.FLETCHER City Attorney By: Melissa M. Crosthwaite Hal Kempfer Deputy City Attorney CEO Tax ID# Page 9 of 9 25A -11 25A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: AMEND AGREEMENT N- 2008 - 004 -02 WITH JOHNSON CONTROLS FOR MAINTENANCE AND REPAIRS OF AIR CONDITIONING SYSTEM - l/ �"_ _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended � As Amended D Ordinance on 151 Reading � Ordinance on 2ntl Reading � Implementing Resolution � Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached third amendment to the agreement with Johnson Controls in the amount of $7,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $7,000 in the Fire Department Facilities Fund revenue account (no. 12015002 53700) and appropriate same to the Fire Department Facilities Fund expenditure account (no. 12015330 66220)_ DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency maintains approximately 50 buildings, including fire stations, recreation and community centers, libraries, train station, City Hall, the Police Administration building and Corporate Yard_ These public buildings, ranging from ten to 50 years old, require various levels of service for complex mechanical systems, including heating and air conditioning equipment. To maintain these systems in good working condition, it is vital to have preventive maintenance and repair service available, including periodic inspection of chillers and boilers and repair of equipment on an as- needed basis. In the course of routine inspection at Fire Station 5, one three -ton air conditioning unit was identified for replacement. The existing unit is approximately 20 years old and is no longer cost effective to repair. In addition, the unit experiences intermittent ozone - depleting refrigerant leaks. The refrigerant was banned by the Environmental Protection Agency in 2003 and is no longer produced. 25B -1 Amendment to Johnson Controls Agreement October 4, 201 O Page 2 On January 20, 201 O, the city entered into a second amendment with Johnson Controls to extend the contract term through December 31, 2010. With the expenditure of funds for replacement of the air conditioning unit at Fire Station 5, additional funds are needed to continue on -going inspections, maintenance and repairs for the remaining contract period_ FISCAL IMPACT This appropriation adjustment will recognize $7,000 in the Fire Department Facilities Fund revenue account (no. 12015002 53700) and appropriate same to the Fire Department Facilities Fund expenditure account (no. 12015330 66220). D�AG T as Fire Chief Fire Department L'3�� 25B -2 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance &Management Services Agency THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on October 4, 201 O, by and between Johnson Controls, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement N- 2008 -004 dated November 26, 2007, (hereinafter "said Agreement ") by which Contractor has provided HVAC maintenance and repair services. B. Said Agreement has twice been amended to extend the term and add compensation. C. Due to unexpected repairs required pursuant to said Agreement, and in accordance with the terms and conditions of said Agreement, the parties wish to add compensation to pay for services during the current term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1 . Section 2.a., COMPENSATION, shall be amended to provide that due to the unexpected repair of the air conditioning unit at Fire Station 5, compensation will be increased $7,000, -for a total not to exceed amount of $32,000.00 during the term commencing November 27, 2009 and terminating November 26, 2010. 2. Except at herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Contractor Agreement on the date and year first written above. ATTEST: MARIA R. HUIZAR Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA DAVID N. REAM City Manager JOSEPH W. FLETCHER JOHNSON CONTROLS City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director - FMSA 25B -3 (NAME) (Title) 25B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: LEASE AGREEMENT AMENDMENT WITH TOWERCO ASSETS LLC FOR INSTALLATION OF EQUIPMENT AT EL SALVADOR PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at El Salvador Park, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $3,600 in the Capital Outlay Fund revenue account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund expenditure account (no. 05113263 66220). DISCUSSION On July 4, 2004, the City Council approved a lease agreement with Sprint PCS for the installation of cellular communications equipment at El Salvador Park. The City currently receives $2,251 for this lease agreement. Sprint has assigned tower rights to TowerCo LLC and they are proposing to amend the lease agreement to allow Clear Wire LLC ( Clearwire) to sublease space at this site. Clearwire will be using the existing equipment building and tower to install a dish antenna and will not be occupying any additional park property. TowerCo has agreed to pay the City an additional $300 per month for the sublease. The Clearwire sublease fee will increase by 3% annually, consistent with the base Sprint lease agreement. The sublease fee shall terminate on the date the Clearwire sublease terminates or expires and the rent thereafter shall be reduced by an amount equal to the sublease fee. 25C -1 Lease Agreement Amendment with TowerCo October 4, 2010 Page 2 FISCAL IMPACT This appropriation adjustment will recognize $3,600 in the Capital Outlay Fund revenue account (no. 05102002 57010) and appropriate same to the Capital Outlay expenditure account (no. 05113263 66220. Gerardo Mou , Executive Director Parks, Rec. and Com. Svcs. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25C -2 AMENDMENT TO LAND LEASE AGREEMENT (GROUND) THIS AMENDMENT TO LAND LEASE AGREEMENT ( "Amendment ") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "Lessor ") and TOWERCO ASSETS LLC, a Delaware limited liability company ( "Lessee "). RECITALS A. Lessor entered into that certain Land Lease Agreement (A- 2004 -139) dated July 6, 2004, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ( "Sprint/Nextel ") (the "Agreement), for certain real property and easements (collectively, the "Premises "), which are a portion of that certain parcel of real property located at 1825 West Civic Center Drive, Santa Ana, CA 92703 (the "Land "). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ( "Tower Entity "), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment "). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No.2009000020328, on 01/16/09. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ( "Clearwire "), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ( "Clearwire Sublease ") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City, attached as Exhibit A and incorporated by reference. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no /100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee "). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. 25C -3 3. Notices. Lessee's address set forth in Section 26 of the Agreement is deleted and replaced with the following: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this Amendment and the terms of the Agreement, the terms set forth in this Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non - Binding Until Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] 25C -4 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first below written. ATTEST: LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and MARIA D. HUIZAR existing under the Constitution and laws of Clerk of the Council the State of California By: APPROVED AS TO FORM: Name: DAVID N. REAM JOSEPH W. FLETCHER City Attorney Its: City Manager By: Date: Laura Sheedy Assistant City Attorney LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company Name: Michael P. MacPherson Its: Vice President / General Manager Date: 25C -5 25C -6 LU •i Rx _il _ o o U f0 R W il�win' E a < aim o \ LC N UO �; jQ Ida € 1 € 3 o ry n a Q jig Exhibit A N uj m y > h Q 4 nS.de�.'2t3�Y is _ � sa;xYBg�Ct�3 a asa . E R at X lu d k! E .. E4bwbN wNM'b ... t KI Y4w3 � EMN^ 4 W i- Z s Y W U /r�•� U F � L) W> Q I, CO w z Q OoU2Z a Q S bIN" 4 uk Fo 4 �l > J O w O i- jig Exhibit A N uj m y > h Q 4 nS.de�.'2t3�Y is _ � sa;xYBg�Ct�3 a asa . E R at X lu d k! E .. E4bwbN wNM'b ... t KI Y4w3 � EMN^ 4 $o z 0 'e YY � € ` S_S t o lit- ~ Q IY §3 1 433[° 25C -7 I gilt 20 Q 3 s Y F � Q S bIN" 4 uk Fo 4 �l > $o z 0 'e YY � € ` S_S t o lit- ~ Q IY §3 1 433[° 25C -7 I gilt 20 Q 3 � F J 8 � � � j nn.c-oi) (gill f� � �' ii y J ip� � � t R B U L5 W9 F T 3 I---- - - - - -- 13E�!I15 i117N N o I Z I I I I '3a I I I LU I I �2 ° o I I � I I I � I I rsl I J 1 wit' W 3 I I *IOa I J I 3 J I I 1 I I • I i� z Q J W N x 9 3 3I w J a� z o � � W _O o w " n ~ Way - ��a � NZ CL 5 N w F LL LU OZ w w u n 4 pp l� tag IL / w Q J z w ® N of h H Q J M1WI d Y017SS H W Z V YOlOiS U (L Q W Z W 4 Q Gg o H € �3 25C -9 V 1L z U Q z z W F z Q Q W It J H W my (L W xi z x a Wa - J X ZS RM W 1 Qou L o IrU Q 3 "'ten Sao 5 S �QW LA m ix I z W 1 3 E, � zR z :Rd b w �e J W �I��E� W � O z N P a � � f �F It Tj �a W W a n� n W $� U j W 64 So W All Q w w 25C -10 3 .. ,�wnr w 5Q V �s s� �g t w o J� 1 11 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I ¢ I I 1 Qy s� p 0 N w J m Q U p w H O Z p w F O z .9 p w F O Z p w N H O z p p w w w ~ ~ f- z 25C -11 25C -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: AMENDMENT TO AGREEMENT FOR TESTING AND INSPECTION SERVICES OF VARIOUS CAPITAL IMPROVEMENT PROJECTS �2, , �z- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2o° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a third amendment to the consultant agreement with United Inspection & Testing, Inc. for testing and inspection services, increasing compensation by $100,000 for a total agreement amount not to exceed $536,338, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In January 2008, the City Council approved an agreement with United Inspection & Testing, Inc. for testing and inspection services on the City's capital improvement projects. To ensure high quality of the work, a variety of tests and inspections are to be performed for the workmanship and construction materials used on the job, including Portland cement concrete, asphalt concrete, cement - treated base, subgrade soil, etc. In the past, part of those tests and inspections were provided by the County's materials laboratory but the County staff is busy with their capital improvement program and is oftentimes unavailable for our projects. United Inspection & Testing, Inc. has been providing these services for the City's Residential Street Repair program and other City projects for the last three years. The agreement was amended previously to comply with the updated prevailing wages requirement and funds in the contract will be exhausted soon. Sixteen projects are under construction, which need quality control services on a regular basis. Since United Inspection & Testing's prices are still competitive with other firms providing the similar services, and in order to keep continuity of these services, staff recommends an amendment to the contract, adding $100,000 to the not -to- exceed contract amount. United Inspections' services will be provided only on as- needed basis when requested by the inspectors. 25D -1 Amendment to Agreement For Testing and Inspection October 4, 2010 Page 2 FISCAL IMPACT The proposed amendment will have a limit of $100,000 for a total amount of $536,338. Funds to pay for testing and inspection services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /MG Exhibit 1: Amendment 2501-2 THIRD AMENDMENT TO MATERIAL TESTING AND CONSTRUCTION INSPECTION AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this 4`h day of October, 2010, by and between United Inspection & Testing, Inc., a California corporation ( "Consultant') and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City"). RECITALS: A. The parties entered into Consultant Agreement A- 2008 -012 dated January 7, 2008, (hereinafter "said Agreement') by which Consultant has provided material testing and construction inspection services. B. In accordance with the terms and conditions of said Agreement, the parties wish to add compensation to provide uninterrupted services for Projects currently being constructed by the City. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $100,000, to provide a total of $536,338 to pay for services during the term of this Agreement. 2. All other terms and conditions as set forth in the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar, Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II Executive Director - PWA Exhibit 1 25D -3 CITY OF SANTA ANA DAVID N. REAM City Manager UNITED INSPECTION & TESTING, INC. L-112 JENNY RICHARDS President 25D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: ACQUISITION SETTLEMENT AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT NO. 08 -1700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached acquisition settlement agreement with Bristol Drug Company, Inc. in the amount of $550,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project, between Pine Street and McFadden Avenue, is under construction and is expected to be completed by November 2010. Public Works is acquiring property for the second phase of the project, between Third Street and Civic Center Drive, as well as the intersection of Bristol Street and Warner Avenue. On June, 1, 2009, the City Council approved the purchase agreement with the property owner to acquire the entire property located at 1302 W. Santa Ana Boulevard (Exhibit 1). As part of the acquisition process, the tenant (Bristol Drug Company) is also entitled to benefits. Staff has been negotiating with Bristol Drug and has reached a comprehensive settlement agreement. The compensation amount is in accordance with California Code of Regulations, Title 25, and valuation completed by an appraiser licensed by the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment No. 89 -01 approved by City Council in 1990. 25E -1 Acquisition Settlement Agreement For Bristol Street Corridor October 4, 2010 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661- 66100). wXwIV,- Raul Godinez II Executive Director Public Works Agency RG /SA Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and exiting under the Constitution and laws of the State of California ( "City ") and Bristol Drug Company Inc. ( "Tenant "). The City and Tenant are hereinafter sometimes referred to collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as Bristol Drug, and is the occupant of real property located at 1302 W. Santa Ana Blvd., Santa Ana, CA (the "Property "). B. The Property has been acquired by the City for the Bristol Street Widening Project. Tenant currently occupies the Property under a lease dated March 1997, which expires on March 31, 2012 (the "Lease "). C. The Parties desire to resolve all issues relating to the City's acquisition of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other consideration given in connection with this Agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein released. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The City shall pay to Tenant the sum of $550,000.00 (Five Hundred Fifty Thousand Dollars) (Tenant Settlement Payment) as total compensation for relocation assistance and any and all related expenses and claims as more fully described in paragraph 1(b) below. Upon full execution of this Agreement, the City will begin processing an initial payment to the Nicholas J. Mosich & Associates Client Trust Account in the amount of $275,000.00. The City will make the final payment to the Nicholas J. Mosich & Associates Client Trust Account in the amount of $275,000.00, less any deductions described in paragraphs 1 (c) & (d) of this Agreement, after Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the City or to the City's relocation consultant, and provides written verification that all hazardous materials have been legally and properly moved. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the City to Tenant, including, without limitation, any obligations for relocation assistance, relocation benefits, moving expenses, interest of any kind in the real estate and leasehold, loss of business goodwill, compensation for personal property (loss of inventory), 1 of Exhibit 1 25E -3 furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the premises by no later than June 30, 2011 (Vacate Date). Should Tenant remain in occupancy beyond the Vacate Date, a Two Hundred Fifty Dollars ($250) per day penalty will be deducted from the Tenant Settlement Payment, for each day of occupancy beyond the Vacate Date unless a written request for an extension has been submitted and consequently approved by the City or its Agents. (d) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. Any disposal costs associated with Tenants' personal property, or clean up fees paid by the City, will be deducted from the Tenant Settlement Payment. 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement. This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action, including those for damages, compensation, relocation assistance, relocation benefits, loss of goodwill, property interest, compensation for personal property (loss of inventory), furniture, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of City's actions or failure to act, including, but not limited to, any claim to relocation assistance, relocation benefits or compensation for property or loss of goodwill from the City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is 2of7 25E -4 known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his /her favor at the time of executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands and causes of action herein above specified. (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief in connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or nay party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenant of any of the released claims, and that Tenant will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement. Tenant acknowledges that the Authority has relied and is relying upon such representations and warranties in entering into this Agreement. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from Tenant's nondisclosure of any other interests in the Property or personal property referenced by this agreement. 3 of 7 25E -5 (g) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement. Tenant and City now wish to enter into this Agreement in lieu of and under threat of eminent domain proceedings. 3. Third Party Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. 4. Attorney's Fees In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnity Each party shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and /or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. Partiallnvalidity In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver and/or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 4of7 25E -6 9. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 10. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. 12. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 13. Advice of Counsel The Parties, and each of the, acknowledge that in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non - representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 14. Authoritv to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 15. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 5 of 7 25E -7 16. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 17. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. 18. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To City: Souri Amiram Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: David Lim Bristol Drug c/o Law Office of Nick Mosich 2204 E. Fourth St., #100 Santa Ana, CA 92705 6of7 25E -8 19. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: Bristol Drug Co., Inc. David Lim Title Tax Identification No. Date APPROVED AS TO FORM: BY: Dated Nicholas J. Mosich Tenant Legal Counsel CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Dated Dated BY: Dated Jose Sandoval Managing Senior Assistant City Attorney 7 of 7 25E -9 MATCHLINE SEE BOTTOM RIGHT CIVIC CENTER DR --� - i I 7 -7 --, I I I I 7TH ST I I I I I I I I 6TH ST V I I I L i 5TH ST Fj -�L i I SANTA ANA BLVD - 7- 7-T- I I I I I I I I 3RD ST - �KT7.1 s�`m, y� LEGEND 0.000 ❖r. SUBJECT PROPERTIES ACOUIRED PROPERTIES WASHINGTON ST -� J _L L_ I I I I I 12TH ST - KT$ V I I I V I I I 11TH ST - 1 1 1 1 1 1 m _ -- 10TH ST - i i F -T_ T�_FLT_ - i - - - -- 9TH ST - - - I I I I I I I I I I CIVIC CENTER DR MATCHLINE SEE TOP LEFT EXHIBIT 1 S� SANTA ANA CITY COUNCIL TITLE: ACQUISITION SETTLEMENT P. W A ■ AGENDA DATE AGREEMENT FOR BRISTOL VVVVVV� OCTOBER 4, 2010 STREET CORRIDOR PUBLIC WORKS AGENCY - - (PROJECT 08-1700-C) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: AGREEMENT FOR TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES 94., / I - a,- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute consulting agreements for temporary engineering and technical support services with PDS Technical Services an amount not to exceed $300,000. DISCUSSION Staff has solicited proposals for temporary engineering services. These services will augment the City staff and are required to complete the design and construction of the City's Capital Improvement projects due to funding deadlines. Request for Proposals were sent to several firms. Three proposals were received: from PDS Technical Services, Adecco Engineering/Technical, and Aerotek, Inc., and were reviewed and rated by an evaluation committee comprised of City staff. The following is the rating results: FIN! -NNA PDS Technical Services Adecco Engineering /Technical Aerotek, Inc. LOCATION SCORE Costa Mesa 89 Newport Beach 87 Santa Ana 76 It is recommended that the firm of PDS Technical Services be retained for the required services. PDS Technical has skilled personnel, client satisfaction and the lowest competitive overhead rates. 25F -1 Agreement for Temporary Engineering and Technical Support Services October 4, 2010 Page 2of2 FISCAL IMPACT The proposed contract will have a limit of $300,000. Funds to pay for the Design Engineering services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /SA Exhibit: 1. Agreement 25F -2 AGREEMENT FOR PROVISION OF ON -CALL ENGINEERING AND TECHNICAL SUPPORT SERVICES THIS AGREEMENT, made and entered into this 4th day of October, 2010 by and between PDS Technical Services, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing on -call technical and engineering labor services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide temporary engineering and technical services on an on- call basis for the Santa Ana Public Works Agency, as set forth in Exhibit A. The provision of said services will be in conformance with City's Request for Proposals dated July 1, 2010, and Consultant's Proposal dated July 22, 2010, both the RFP and Proposal are on file at the Santa Ana Public Works Agency and incorporated by this reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with Exhibit 1 25F -3 standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by assigned Consultant personnel hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant assigned personnel shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing service provided in the previous month, subject to City accounting procedures. The invoice shall include the temporary employee's name, billing rate and number of hours worked. A copy of the timesheet(s) for the billing period shall be attached. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant and its assigned personnel shall, during the entire term of this Agreement, be construed to be independent contractors and not employees of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are 25F -4 the subject matter of this Agreement; however, the services to be provided by Consultant and its assigned personnel shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. e. When Consultant provides professional personnel, such as engineers, Consultant shall provide professional liability (errors and omissions) insurance covering such personnel's services, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. 25F -5 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. The Consultant 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant or its assigned personnel receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. 25F -6 Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 -1988 telefacsimile (714) 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5635 25F -7 To Consultant: DJ Englert PDS Technical Services 161 Kalmus Drive, Suite H -4 Costa Mesa, California 92626 telefacsimile (714) 540 -8092 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City 25F -8 shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, 25F -9 for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. WORK PRODUCT All work product prepared by Consultant pursuant to this Agreement shall be the property of the City and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Consultant shall submit all work product to City in hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. 25F -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney IC Laura Sheedy Assistant City Attorney 25F -11 CITY OF SANTA ANA: DAVID N. REAM City Manager PDS TECHNICAL SERVICES DJ ENGLERT Branch Manager Tax ID# 25F -12 EXHIBIT A SCOPE OF SERVICES TEMPORARY SUPPORT SERVICES I. GENERAL The City of Santa Ana (City) is soliciting proposals from qualified firms to provide temporary engineering and technical personnel on an as- needed basis. As temporary personnel needs are identified, the firm will be requested to provide appropriate candidates to each position. The City reserves the right to distribute the workload in any manner, which will best serve the City's interests. In general, the Engineering Division of the City's Public Works Agency will need temporary personnel for the design and construction of public improvement projects. Il. SCOPE OF SERVICES On an as- needed basis, the Consultants will provide the City with temporary personnel qualified to perform various engineering, technical and administrative duties in support of general engineering /architectural /landscaping projects on arterial and local roads and public parks citywide. The projects may include street rehabilitation and widening, storm drain improvements; sewer improvements, waterline improvements, signing, striping, and signal modifications; landscaping and irrigation systems; and other related projects as required. In addition, City may need support services for construction management, legal survey documents, inspection, and office and accounting assistance. The positions the Consultant may need to fill include the following: Engineering/Technical • Senior Civil Engineer (PE license required) • Senior Engineer • Assistant Engineer • CAD Drafter • CAD Designer/Technician • Senior CAD Designer/Technician • Land surveyor (LS license required) Construction /field • Construction inspection • Field technician Administrative /Accounting • Accounting Assistant • Administrative Assistant All technical positions shall be proficient in Microstation and Microsoft Office. The City currently uses Microstation Version V8i and Microsoft Office 2007. 25F -13 Licensed Civil engineer or land surveyor may be required to sign plans and legal documents, respectively. After a temporary position is identified by the City, the selected firms may be asked to provide resumes of candidates. III. CITY RESPONSIBILITIES • The City will provide the consultant with all records in the possession of City, which will be of assistance to the consultant in the performance of the work. • The City will provide a workstation for each temporary employee. IV. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a Consultant to accept this obligation will result in the cancellation of any award. Any damage accruing to the City as a result of a failure to contract may be recovered from the consultant. 25F -14 EXHIBIT B ATTACHMENT "A" ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall complete this form and include it along with the billing rates breakdown. This form will be used for fee comparison purposes only. TITLE BILLING RATE RANGE CAD Drafter $ 35.00 - 37.80 CAD Designer/Technician $_ 39.20 - 48.00 Senior CAD Designer/Technician $ 43.40 - 49.00 Assistant Engineer $ 35.00 - 46.20 Senior Engineer $_ 49.00 - 67.20 Senior Civil Engineer $ 56.00 - 77.50 Accounting Assistant $ 21.00 - 30.00 Administrative Assistant $--21.00 - 30.00 Land Surveyor $ 25.20 - 35.00 Construction Inspection $ 30.20 -36.40 Field Technician $_ 25.20 - 3s.00 Consultant Mark -Up Percentage Breakdown (use separate sheet) 25F -15 "1....1. PDS Tech, Inc. Mark-Up Percentage Breakdown PDS Tech, Inc. would like to provide the City of Santa. Ana with three options for providing personnel. RECRUITED • Candidates submitted to the City of Santa Ana by PDS Tech, Inc. OVERHEAD (OH) 17.68% GENERAL & ADMINISTRATIVE (G &A) 14.90% BENEFITS 4.82% PROFIT 2.60% TOTAL 40% PAYROLLED with BENEFITS • Candidates the City of Santa Ana has supplied to PDS Tech, Inc. OVERHEAD (OH) 17.68% GENERAL & ADMINISTRATIVE (G &A) 4.72% BENEFITS 4.82% PROFIT 2.60% TOTAL 29.82% MG T D15COVNT L.t•10 PAYROLLED without BENEFITS 28• a)"!• • Candidates the City of Santa Ana has supplied to PDS Tech, Inc. OVERHEAD (OH) 17.68% GENERAL & ADMINISTRATIVE (G &A) 4.72% PROFIT 2.60% TOTAL 25% WMT D 15 COU N 7' .�. 1.60 '� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONDITIONAL USE PERMIT NO. 2010-14 TO ALLOW PARKING IN THE R2 -13 ZONE AT 827 SOUTH MAIN STREET, SUITE B -AUTOMATED LAUNDRY SYSTEMS, INC., APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010 -14 as conditioned. PLANNING COMMISSION ACTION On September 13, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010 -14 as conditioned by a vote of 7:0 to allow parking for a coin - operated Laundromat facility in the Two Family Residence with a B suffix (R2 -B) zone at 827 South Main Street, Suite B. 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. JaW. Trevino Executive Director Planning & Building Agency LL:rb II\reports \PC and ZA\cup10 -14 Laundry Systems= Exhibit: 1. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2010 TITLE: PUBLIC HEARING — FILED BY AUTOMATED LAUNDRY SYSTEMS, INC FOR CONDITIONAL USE PERMIT NO. 2010-13 TO ALLOW A 3,687 SQUARE FOOT LAUNDROMAT AND CONDITIONAL USE PERMIT NO. 2010-14 TO ALLOW PARKING IN THE R2 -B ZONE AT 827 SOUTH MAIN STREET, SUITE B Prepared by Lucy Linnaus cm Ex cutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO ��G�•c.lut_. � Planning Manager Adopt a resolution approving Conditional Use Permit No. 2010 -13 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2010 -14 as conditioned. DISCUSSION Zoning Administrator Action A Zoning Administrator hearing was held on August 25, 2010 regarding Conditional Use Permit No. 2010 -13 to allow a laundromat use. The Zoning Administrator remanded this item to the Planning Commission in order to allow the Planning Commission to review this project and all related actions in a comprehensive manner. Request of Applicant Emilia Keushkerian of Automated Laundry Systems, Inc. is requesting approval of a Conditional Use Permit to allow a coin - operated laundromat facility within an existing commercial building to be located at 827 South Main Street, Suite B. Additionally the applicant is requesting approval of a Conditional Use Permit to allow parking in conjunction with a commercial use on the portion of the site that is zoned Two - Family Residence with a B suffix (R2 -B). Property Description The subject property is an irregularly shaped, through -lot located midblock on the east side of Main Street and west side of Cypress Avenue, between Bishop and Cubbon Streets. The project site is comprised of two parcels totaling 0.74 acre. A lot merger application has been filed to consolidate both lots. The project site is developed with an 11,561 square foot commercial building and 51 parking spaces. The site has two zoning designations: South Main Street Commercial District Exhibit A CUP Nos. 2010 -13 and 2010 -14 September 13, 2010 Page 2 (C -SM) and Two - Family Residence with a B suffix (R2 -B) with corresponding General Plan land use designations of General Commercial (GC) and Low Density Residential (LR -7). Surrounding land uses include retail uses and multiple family dwellings to the north and south, retail uses across Main Street to the west and single family residences across Cypress Avenue to the east (Exhibits 1 and 2). Proisct Description The building that is the subject of this application was constructed in 1959 and houses South Main Photo. The applicant is proposing to remodel the existing two -story commercial building to accommodate a coin - operated laundromat facility by subdividing it into two suites. Suite A will be located on the north side of the building with 7,894 square feet of tenant area. This suite will continue to house the existing photography studio and laboratory. Suite B will be 3,687 square feet and will occupy the southerly portion of the building, which faces the interior parking lot. The proposed laundromat will accommodate approximately 55 washers and 32 dryers, in addition to providing a waiting area with internet connection and an area for an attendant. The proposed laundromat will operate daily from 7:00 a.m. to 10:00 p.m. and will be staffed by an employee during business hours. As part of the building remodel necessary to accommodate the laundromat, the applicant is proposing to make substantial upgrades to the building exterior, while retaining the existing vernacular mid - century architectural style. The southern elevation, which faces the parking lot and currently is a 132 -foot solid wall, will be modified to accommodate about 80 feet of new store front with additional entry doors. A flat, metal canopy that extends the width of this facade will accentuate the horizontal characteristics of the architectural style and provide shade to the building in order to decrease its solar gain. The stone veneer, currently only on the front elevation, will wrap both comers, giving the building a finished appearance. Lastly, the building parapet will be raised to better screen the roof mounted equipment and the non - conforming roof - mounted sign will be removed. While substantial modifications are proposed to the side elevation, the applicant is proposing to make minor changes to the front facade: Only a new front door to match the existing door will be added to the portion of the wall that is now solid. The applicant is intending to retain the distinctive projecting tapered canopy with the exposed neon "Main Photo Service" sign. Exposed neon signs with painted background were characteristic of the fifties, and expressed the futuristic ideals of the times. Should the applicant choose to install a sign on the southern half of the tapered canopy, it will match the existing sign. Substantial changes are also proposed to the parking lot. In compliance with the R2 -13 development standards, the interior circulation will be modified to close off the access to Cypress Avenue. All vehicles will enter and leave the site directly from Main Street. A 10 -foot wide landscape strip will be provided where the parking lot abuts Cypress Avenue. The parking lot will be reconfigured, re- surfaced and striped to comply with current codes. The site lighting will be upgraded and arranged as to not unreasonably interfere with adjacent residences. Finally, the landscape and fences will be upgraded and brought into compliance with current codes (Exhibits 3 through 7). CUP Nos. 2010 -13 and 2010 -14 September 13, 2010 Page 3 Analysis of the Issues In 1995, the City Council adopted an ordinance that established development and performance standards for laundromats. These standards were adopted in response to concerns that laundromats were an attractive nuisance and generated excessive police calls for loitering, theft and other negative activities. The adoption of these standards established regulations that are intended to ensure that new laundromats will be safe, well maintained and would not result in a demand for Police Department calls for service. The project as proposed, complies with the adopted standards for laundromats. The applicant has made provisions to improve interior lighting and provide unobstructed visibility throughout the facility. The applicant has also confirmed that there are no retail establishments within 300 feet of the proposed laundromat that have more than five percent of the floor area devoted to electronic video games or other gaming devices. The second action requested is to allow parking in the portion of the lot zoned R2 -B. In 1962, the City Council rezoned most of Cypress Avenue and added the B suffix to the existing zoning, allowing Main Street commercial uses the ability to provide parking for their customers. The City later developed standards to mitigate noise, light and traffic intrusion into the residential neighborhoods. In 1999, the City again modified the Santa Ana Municipal Code (SAMC) to require a conditional use permit to allow parking in conjunction with a commercial use on any property with a B suffix in order to impose appropriate conditions should the project and setting warrant. The proposed project will meet all B suffix development standards. Vehicular access to Cypress Avenue, a street that serves primarily residential uses, will be removed. The pedestrian access at this location will be maintained, as the Laundromat is intended to serve the adjacent residential community. A 10 -foot landscape buffer will separate the parking lot and Cypress Avenue, while a six -foot high masonry wall and a five - foot landscaped buffer will separate the parking lot from the residential uses. The site lighting has been designed and located so as not to impact the residential properties to the north and south. Conditions of approval are proposed to address any potential negative impacts associated with the laundromat's use and the parking in the portion of the lot zoned R2 -13. These conditions are intended to improve employee and customer safety as well as to reduce the potential for creating an attractive nuisance. Concerns regarding possible loitering in the rear portion of the lot after hours of operation were brought up at the zoning administrator's hearing. Conditions of approval, such as requiring a six -foot fence to enclose the rear portion of the lot, installation of a camera to discourage potential illicit activity and gates to remain closed after hours of operation, have been imposed. The project is consistent with the objectives of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it would further Goal 2: Promote land uses which enhance the city's economic and fiscal viability; Policy 2.4: Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity; Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment; and Policy 5.6: Discourage access to commercial and industrial areas by the way of residential streets. CUP Nos. 2010 -13 and 2010 -14 September 13, 2010 Page 4 Public Outreach On May 20, 2010, the applicant presented the proposed project to the Eastside Neighborhood during their regularly scheduled meeting. The neighborhood was please to see additional investment in the South Main Commercial corridor and expressed their support for the project. While they were pleased to see that the vehicular access to Cypress Avenue will be closed off, they requested that a pedestrian access be maintained, indicating that the neighbors of the area would probably be the primary users of the new laundromat. In summary, as conditioned, the project will not create negative impacts to the surrounding business and residents; instead it will stabilize the South Main Commercial corridor by creating new long term employment opportunities, provide for significant new investment in a commercial building, provide a modern laundromat that will provide a desirable service to the community, and reduce the inventory of vacant commercial spaces. Based upon the analysis of the project and the project's compatibility with the City's General Plan and the standards adopted for laundromats and parking in the R2 -B zoning district, approval of Conditional Use Permit No. 2010 -13 as conditioned and Conditional Use Permit No. 2010 -14 as conditioned is recommended. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15303, Class 3. The Class 3 exemption allows for conversion of small structures from one use to another where only minor modifications are made in the exterior of the structure. Categorical Exemption No. 2009 -116 will be filed for this project. Lucy Linns, AIA Senior Pi nner LL:jm 111reportslPC and ZA1eup10- 13cup10 -14 Laundry Systerns.pc Verny Carvajal Senior Planner Ju L_1 1 I I 1 All GENERAL AGRICULTURAL -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL C7 -MD COMMUNITY COMMERCIAL-WIUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRALBUSINESS C3-A CENTRAL BUSINESS - ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL L R3 Q 5 � O - F. QR3 R3 R3 R3 O -- -m Q R3 R3 R3 Q 13 C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOORAREARATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRO PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE -FAMILY RESIDENCE R2 TWO - FAMILY RESIDENCE R3 MULTIPLE -FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SO SPECIFIC DEVELOPMENT SP SPECIFIC PLAN C C CUP 10 -13 /CUP 10 -14 A SANTA ANA LAUNDROMAT ew 827 SOUTH MAIN STREET - - =500 FEET 1' = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 iksil_lll:,� J Q � J J Q U J � 2 W J � O W w � ¢ Q O W SFR _ h ww U _z O Q - �_2 ¢ ti o MFR J J Q 2 W 2 W _ MFR 0 U w a ¢ W "a y � W O J C7 ww J ¢ U U SFR y 2 _2 W to HIGHLAND ST. ¢ J Q Q _ U. y w w ` U N Q W J (t iA C7 ¢ Z W/ _ W a W W !'aCte G J tS MFR 2 O y U J Q � J J Q U � 2 W J � O W w � ¢ O W h ww _z O a - Zi MFR J J Q Q 2 W _ 0 U w ¢ ¢ W "a � W O J C7 2 U SFR y CUP 10 -13 /CUP 10 -14 SANTA ANA LAUNDROMAT 827 SOUTH MAIN STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 iksil_dli� N co V � z N NN O 99W ad F- n Z ryQ 0 Q W CL 0 _Z 0 U MIR LO O fl-. N O� U z Q F- Q V) t W F-- tn Q V) N 00 i X 6LLL-LOLZ6 VO 'dNV VINVS �HOr Hill SMS NIVW_ 'S LZ8 _ _ Noo pro rlok 3 ¢ W AV(IN(1v'1 Q.IiVV3dO N160 Y � a a� +W �rysaaassg��a �z I ~� U LL W �s R1111111111111 HIM911, off zn CUP 10-13/CUP 10-14 1 to z a z 0 m W zg b �- z W 3 � a. tIl h fo t� N sL$L pi L6 g y � f p j�jj g x 76 P C z W 3 � a. tIl h fo 31 A -12 r a 6 LLL- LOLZ6 VD 'VNV V1NVS No�1��81sNO MI6 Z i I I 133VIS NIVW'S LZ8 0�'o�1oN �lSI � r Q iv AmaNnvi a31VM3dO N1O5 ,N 6 0 I $; �r Y 3 CUP 10 -13 /CUP 10 -14 EXHIBIT 4 i� 31A -14 ! 6|LL - |0 Z VD N¥ ViNVS %o�J y | ! , MRS S N| ¥W' LLg oD� �t % \ G(/ 2�\} N OEM !V ANGNnd O3 ¥S3dO N103 §� § K ( k_t § ¢ .11-1--r <;. ■� § 2§� g� § u § @ | | . ..33 - -- | | If ,0 ■ . ■ �� | | UAU I | 41 EkoFE-, E E NO e (0 | ■ HIM,, 0 ......... � o -. -..e | CUP 10-13/CUP 10-14 | EXHIBIT s ` 2dA.01 c 1W 0 AF IR iks F.AI5114011�, 6LLL-LOLZ6VD'VNVV1NVS 1338I5 NIVWS LLS W Aa(]NnvlG3iVV3dO N165 CUP 10-431CUP-40-14 iksil_d_E:,� IL WAIM to iks F.AIMB-11] ROH - 09/13/10 RESOLUTION NO. 2010 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-13 AS CONDITIONED TO OPERATE A LAUNDROMAT AND CONDITIONAL USE PERMIT NO. 2010 -14 AS CONDITIONED TO ALLOW PARKING IN THE R2 -B ZONE FOR THE PROPERTY LOCATED AT 827 SOUTH MAIN STREET, SUITE B 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 Conditional Use Permit No. 2010 -13 to operate a laundromat and Conditional Use Permit No. 2010 -14 to allow parking in the R2 -B Zone for the property located at 827 South Main Street, Suite B. B. Santa Ana Municipal Code Section 41 -522 requires a conditional use permit for laundromats in the C -SM district. Santa Ana Municipal Code Section 41 -611 requires a conditional use permit to allow the parking of motor vehicles in connection with any commercial use on any property with a B suffix district designation, including lots zoned 132 -13. C. On August 25, 2010, a Zoning Administrator hearing was held regarding Conditional Use Permit No. 2010 -13 to allow a laundromat use. At that hearing, the Zoning Administer remanded the matter to the Planning Commission. D. On September 13, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010 -13 and Conditional Use Permit No. 2010 -14. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2010 -13 to allow a laundromat operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Resolution No. 2010 -15 Page 1 of 8 31A-21 The proposed laundromat will contribute to the general well being of the community by providing a basic community service to individuals who live and work in the area. Conditions have been placed on the laundromat, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed laundromat will not create any negative or adverse impacts to the surrounding community because the use will comply with all the adopted regulations intended to ensure that new Laundromats will be safe, well maintained and will not result in a demand for Police Department calls for service. Moreover, conditions are imposed to mitigate any potential impacts that could otherwise affect the health, safety, or 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 laundromat use will generate city tax revenue and long term employment in the community. In addition, the use will provide a tenant in a previously vacant suite and an additional service to the community, thereby enhancing rather than adversely affecting the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on laundromats pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The project is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it would further Goal 2: Promote land uses which enhance the city's economic and fiscal viability; Policy 2.4: Support pedestrian access between commercial uses Resolution No. 2010 -15 Page 2 of 8 31A-22 and residential neighborhoods which are in close proximity; Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment and Policy 5.6: Discourage access to commercial and industrial areas by the way of residential streets. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2010 -14 to allow parking in the R2 -B Zone: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The existing parking lot will continue to serve a commercial use and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The existing parking lot will be brought into conformance with the current development standards and will provide a required and necessary service to the store patrons. The conditions of approval will require the store to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or 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 provides a required and necessary service to the store patrons. The retail establishment will generate City tax revenue, provide long term employment for the community and convert a substantially vacant commercial building into a use that will provide a new service to the community. This in turn will contribute to the economic stability of surrounding properties in the area. Resolution No. 2010 -15 Page 3 of 8 31A-23 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with a retail building, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail establishment is located in two general plan designations; General Commercial (GC) and Low Density Residential (LR). The proposed use as designed will not adversely affect the General Plan. Laundromats are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a commercial establishment is permitted in the Low Density residential designation. The project is consistent with the purpose of the General Plan Land Use Element, as it will further Goal 2, Policy 2.4, Policy 2.8 and Policy 5.6 of the plan and not obstruct their attainment. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 3 exemption allows for conversion of small structures from one use to another where only minor modifications are made to the exterior of the structure. Categorical Exemption Environmental Review No. 2009 -116 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010 -13 and Conditional Use Permit No. 2010 -14 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of September 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2010 -15 Page 4 of 8 31A-24 Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 13, 2010 . Date: Secretary of the Planning Commission City of Santa Ana 31A-25 Resolution No. 2010 -15 Page 5 of 8 Conditions for Approval of Conditional Use Permit Nos 2010-13 and 2010-14 Conditional Use Permit Nos. 2010 -13 and 2010 -14 are 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by these conditional use permits. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permits. Failure to comply with each and every condition may result in the revocation of the conditional use permits. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009 -49. 2. Any amendment to these conditional use permits must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The existing roof - mounted sign shall be removed prior to the building final and issuance of the Certificate of Occupancy. 4. All requirements set forth in Section 41 -199 of the Santa Ana Municipal Code shall be incorporated herein. 5. There shall be no operation between the hours of 10:00 p.m. and 7:00 a. m. 6. A full time attendant shall be required during all hours of operation of the facility. 7. A six -foot fence shall enclose the rear portion of the parking lot, as indicated on Exhibit 3. The fence shall have a pedestrian gate on Cypress Avenue, which shall remain closed between 10:00 p.m. and 7:00 am. A vehicular gate, which shall remain open during hours of operation and closed during off hours shall be installed as shown on Exhibit 3. 8. Pedestrian access from Cypress Avenue to the site shall be maintained as shown on Exhibit 3. Resolution No. 2010 -15 Page 6of8 lki SEPTEMBER 13, 2010 PAGE 2OF3 9. Natural stone or matching stone veneer shall be installed to match existing stone as found along the Main Street elevation. The applicant shall submit the proposed stone to the Planning Division for final review and approval (added by Planning Commission on September 13, 2010). 10. All proposed signs shall be consistent with the style, design and materials of the existing Main Photo sign found on the Main Street elevation. All signs shall be approved under separate permit (added by Planning Commission on September 13, 2010). 11. The exterior storefront glass shall be kept free from graffiti and /or etching. The glass shall be treated with anti - etching film or a similar protective coating or constructed of glass material that is resistant to etching. All graffiti shall be removed within 48 hours; this includes the removal of any painted or marked graffiti, as well as etchings. (added by Planning Commission on September 13, 2010). 12. The Voluntary Lot Merger shall be approved prior to issuance of the building permit. B. Police Department Existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 3. Window displays and racks must be kept to a maximum height of three feet including merchandise. 4. There shall be no pool tables, coin - operated games, or video machines maintained upon the premises at any time. 5. There shall be no public telephones located on the exterior or interior of the premises. Resolution No. 2010 -15 Page 7 of 8 31A-27 SEPTEMBER 13, 2010 PAGE 3OF3 6. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. All graffiti must be removed within 24 hours of occurrence. 7. Provide a Closed Circuit Television System (CCTS) approved by the Police Department. The CCTS shall be capable of viewing and recording events in the rear parking lot, and shall have a resolution which will clearly identify individuals for later identification. 8. Conditional Use Permit Nos. 2010 -13 and 2010 -14 shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2010 -15 Page 8 of 8 lki REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONDITIONAL USE PERMIT NO. 2010-16 TO ALLOW THE DRIVE- THROUGH WINDOW FOR ARSENIO'S RESTAURANT TO OPERATE AFTER HOURS AT 751 SOUTH HARBOR BOULEVARD - BILL MASON, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010 -16 as conditioned. PLANNING COMMISSION ACTION On September 13, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010 -16 as conditioned by a vote of 7:0 to allow an existing drive - through window service for Arsenio's Restaurant to operate 24 -hours located at 751 South Harbor Boulevard, in the North Harbor Specific Plan (SP2) zoning district (Exhibit A). The Planning Commission amended a condition to require the removal of graffiti within 24 hours of occurrence. FISCAL IMPACT There is no fiscal impact associated with this action. J Trevino Executive Director Planning & Building Agency VF:rb vftreporWcup10 -16 Arsenio's Restaurant= Exhibit: 1. Planning Commission Staff Report 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2010 TITLE: PUBLIC HEARING — FILED BY BILL MASON FOR CONDITIONAL USE PERMIT NO. 2010-16 TO ALLOW THE DRIVE- THROUGH WINDOW FOR ARSENIO'S RESTAURANT TO OPERATE AFTER HOURS AT 751 SOUTH HARBOR BOULEVARD Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mana r Adopt a resolution approving Conditional Use Permit No. 2010 -16 as conditioned. DISCUSSION Request of Applicant Bill Mason, representing Arsenio's Restaurant, is requesting approval of a conditional use permit to allow an existing drive - through window service to remain open between the hours of 12:00 a.m. and 5:00 a.m. at 751 South Harbor Boulevard. Property Description The subject site is located within the Riverview West Marketplace development, a 22.5 acre, rectangular shaped parcel of land located at the southeast corner of Harbor Boulevard and McFadden Avenue. The site is located within the General Commercial area of the North Harbor Specific Plan (SP -2) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial and industrial to the north, single - family and multi - family residential to the south, and commercial uses to the east and west (Exhibits 1 and 2). The Riverview West Marketplace consists of nine separate parcels containing approximately 274,291 square feet of retail space within nine separate building pads. The project was originally constructed in 1995 and was expanded by an additional 6,000 square feet in 2006. Wal -Mart is the primary tenant of the center and is located on the eastern portion of the site. Parking for the development site is shared, with a total of 1,324 parking spaces provided. Exhibit A 3 Conditional Use Permit No. 2010 -16 September 13, 2010 Page 2 Proiect Description Arsenio's Restaurant has been at this location within the Riverview West Marketplace since 2003. Its current operating hours for the restaurant and existing drive - through lane are from 5:00 a.m. to 12:00 a.m. In order to provide expanded service hours, the applicant is proposing to operate the drive through window function for Arsenio's Restaurant 24 hours a day. No changes are proposed to the interior or exterior of the building (Exhibits 3 and 4). The restaurant currently conforms to the provisions of the North Harbor Specific Plan. In 1996, the City Council approved Appeal No. 1996 -01 of Conditional Use Permit No. 1995 -09 and allowed a restaurant pad with drive - through window service at this location. Analysis of the Issues In January 1994, the City Council adopted Ordinance No. NS -2213, requiring a conditional use permit for eating establishments in certain commercial zones (C1, C4, C5 and CR) that are open between the hours of 12:00 a.m. and 5:00 a.m. and are within 150 feet of any residentially zoned or used property. Although the zoning for the site (North Harbor Specific Plan) requires a conditional use permit for restaurants and for drive- through facilities, the document was silent on after hours operations for restaurant uses. To address issues not covered in the Specific Plan and future zoning code amendments, Section 8.3.2 was incorporated into the Specific Plan. This section states that "The Santa Ana Municipal Code shall be used for all issues not addressed by the Specific Plan." Since the conditional use permit requirement for after hours uses is not specifically listed in the Specific Plan, Section 8.3.2 is applicable. Therefore, since the property is located in the General Commercial Land Use District of the Plan, and a conditional use permit to operate a drive - through on a 24 -hour basis is needed in the City's commercial zoning districts, a conditional use permit to allow Arsenio's Restaurant to operate after -hours is required. The indoor dining area will be closed for after -hours use and is not part of the conditional use permit request. In reviewing applications for after -hours operation, the Planning Division considers several criteria to determine the feasibility of the request. These criteria include the crime rate of the area, the nature of the establishment, the surrounding land uses and development or operational conditions to address any potential concerns to nearby residents. Crime rate of the area — The restaurant is located within Reporting District No. 145, which ranks 8 th out of 102 Citywide Districts and is an area that is above average in police related incidents. This ranking is based on the total number of calls for service in the reporting district compared to all other reporting districts. The Police Department has reviewed the proposal and has noted that this business has generated minimal service calls in the past. However, conditions of approval are proposed that are intended to minimize impacts associated with an after -hours use at this location. Conditional Use Permit No. 2010 -16 September 13, 2010 Page 3 2. Type of establishment (fast -food, sit -down drive -up window) — Arsenio's Restaurant is an existing 2,600 square foot fast -food restaurant with drive - through window service. Indoor seating for 55 patrons is provided as well as another 56 spaces within the outdoor dining area. The drive - through service will operate 24 -hours a day while the indoor seating area will close by 12:00 a.m. The reduction of service to drive - through only during the late night hours and the after -hours personnel for the restaurant will serve as a deterrent and reduce the potential for criminal activity. 3. Surroundinq land uses — The site is surrounded primarily by commercial to the north, east and west, with single- family and multi - family residential to the south. Several other fast -food and casual dining restaurants exist in the immediate area, including Kentucky Fried Chicken, Starbucks, Tortas Sinoloa and Dragon Bowl, and do not offer after -hours service. McDonalds, located near the subject site, does operate its drive through window 24 hours a day. The restaurant's location adjacent to two major arterial streets as well as the limited late night dining opportunities in the area makes this an appropriate location for an after -hours use. 4. Potential areas of concern — Staff has identified the area as a high activity area for prostitution related offenses and noise impacts due to its close proximity to residences as two potential areas of concern with the after -hours operation. The security conditions (increased lighting, no loitering and restrictions on pay phones) requested by the Police Department will assist in mitigating prostitution related offenses. Further, the Planning Division is requesting conditions to mitigate noise related concerns. Although the speaker box is located on the north side of the restaurant, and the building is separated from the residential uses by a six -foot high block wall and carports, staff has added conditions of approval requiring the closure of the outdoor dining area by 10:00 p.m. and the speaker box at 12:00 a.m. The approval of after -hours operation at this site will support Policy 2.2 of the Land Use Element of the General Plan, which encourages land uses that accommodate the City's needs for goods and services by providing an after -hours dining option for motorists and residents of the area. Further, staff has included several conditions of approval that will help minimize potentially negative impacts on the adjacent properties. Finally, staff has added a provision that the conditional use permit be reviewed at six months, one year and then annually to make any modifications necessary. Based on the analysis of the project, the findings of fact, conditions of approval and compatibility of the proposed use with the General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2010 -16 as conditioned. 31 B -5 Conditional Use Permit No. 2010 -16 September 13, 2010 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the permitting and licensing, such as conditional use permits, for public and private structures. Categorical Exemption Environmental Review No. 2010 -75 will be filed for this project. 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COMMERCIAUMUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRALBUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3 -A CENTRAL BUSINESS- ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 10 -16 ARSENIO'S RESTAURANT 751 SOUTH HARBOR BOULEVARD - - = 500 FEET 1 "= 1000 FEET F L A N N I N G A N D B J I L D I N G —7 —El E N C Y VICINITY MAP EXHIBIT 1 �C - •� - •� I N D U S T R I A L S C H O O L COMMERCIAL C O M M E R C I A L m i s c . MC FADDEN AVENUE 0 oC W J e COMMERCIAL m v PROJECT SITE w SINGL FAMILY SINGLE FAMILY SINGLE AMILY SINGLE ILY S. R S. R R S. w w w W W W W y W 0 MULTI ¢ H a a a ¢ 'mow ¢ ¢ O J y J J N J Q FAMILY C e Q ! W W c a O y RESIDENTIAL w 3 w W I W W ra W J J J J V H IL ? ? m ? ? ? ? 7 CUP 10 -16 ARSENIO'S RESTAURANT 751 SOUTH HARBOR BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 L 1-i [i� J A i 141FIal ;I�I�Itidyp � ° — °7 �PfS kr • SN3NNI1 ° S,VNNV FF — — — H39ZIZ — F N � N I /)J �/�0° O el W OC p °i UIIIIIIIIIIIIIIIIIII�LJ I _j I S014 ma YOVwaW ° tt I K O °I -50 °A u• i f 1 C •i I it I N I ws�A�A�`III1��Il��l� I I — J i I I 7N'J sNIW°N°BVJ imW_�4m7 I s.NNOr vdvd 5 / OY l 3 I I 11�L ❑ � °WPaOA I F —sdn I ° Wod I — O7/1H IL•m cup 10-16 EXHIBIT 3 § r pss IL 0 3 i i r F I �F� i iy I F In N YJ lial��flt � I n al I a I [Kit, I E i #1 N ��l�ll • h F, 1 lal is ,� J li 3 � I F� 96 'r ,,11 10 4 � ��,iili; �, !PS1111 Milli �. I'! i' oil' o U') J A i 141FIal ;I�I�Itidyp � ° — °7 �PfS kr • SN3NNI1 ° S,VNNV FF — — — H39ZIZ — F N � N I /)J �/�0° O el W OC p °i UIIIIIIIIIIIIIIIIIII�LJ I _j I S014 ma YOVwaW ° tt I K O °I -50 °A u• i f 1 C •i I it I N I ws�A�A�`III1��Il��l� I I — J i I I 7N'J sNIW°N°BVJ imW_�4m7 I s.NNOr vdvd 5 / OY l 3 I I 11�L ❑ � °WPaOA I F —sdn I ° Wod I — O7/1H IL•m cup 10-16 EXHIBIT 3 § r pss IL 0 3 i i r F I �F� i iy I F In N YJ lial��flt � I n al I a I [Kit, I E i #1 N ��l�ll • h F, 1 lal is ,� J li 3 � I F� 96 'r ,,11 10 4 � ��,iili; �, !PS1111 Milli �. I'! i' oil' LLkSw = I n i IL + '?II '1'lilW'JW hDi`M NVIlTM / ♦Y!1 pOC ('� LL *� 3 =1=1� CUP 10-16 EXHIBIT 4 goo' i 3 =1=1� CUP 10-16 EXHIBIT 4 goo' 31 B -14 ROH - 09/13/10 RESOLUTION NO. 2010 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010 -16 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 751 SOUTH HARBOR BOULEVARD 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 Conditional Use Permit No. 2010 -16 to operate a restaurant between the hours of 12:00 a.m. to 5:00 a.m. for the property located at 751 South Harbor Boulevard. B. The North Harbor Specific Plan (SP -2) sections 3.5.1 and 8.3.2 require all permitted uses within the district to comply with all applicable sections of the Santa Ana Municipal Code. Santa Ana Municipal Code section 41- 377.5(a) requires a conditional use permit for any use in the C2 district that would require a conditional use permit in the C1 district. Santa Ana Municipal Code section 41- 365.5(f) requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. and located within one - hundred and fifty (150) feet of residentially zoned property. C. On September 13, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010 -16. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating establishment will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2010 -16 Page 1 of 5 31 B -15 The proposed late night operation will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts such as noise or loitering and will provide an after -hours dining option for motorists. The Police Department has added appropriate conditions to the project that will prevent it from becoming an attractive nuisance in the future. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 22.5 -acre site is currently being used as a retail center and contains fast -food restaurants with drive - through service. The allowance of the after -hours operation will complement the economic stability of the area by providing greater opportunities for generating revenue for the restaurant through the attraction of additional patrons. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant with an after -hours conditional use permit pursuant to the North Harbor Specific Plan and Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's need for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the General Commercial General Plan land use designation which permits restaurant uses. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010 -75 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010 -16 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2010 -16 Page 2 of 5 ADOPTED this 13th day of September. 2010 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney Acosta, Alderete, Betancourt, Walters, Yrarrazaval (7) None (0) None (0) None (0) Eric Alderete Chairman Gartner, Turner, CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No.- 2010-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 13, 2010. Date: Secretary of the Planning Commission City of Santa Ana 31 B -17 Resolution No. 2010 -16 Page 3 of 5 Conditions for Approval of Conditional Use Permit No 2010-16 Should Conditional Use Permit No. 2010 -16 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below Prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 10 -23). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The speaker box for the drive - through window service shall cease operation between the hours of 12:00 a.m. and 5:00 a.m. The ordering of food service during the after - hours operation shall be made from the pick -up window. 4. The outdoor dining area for the restaurant shall be closed by 10:00 p.m. B. Police Department 1. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted within 7-2 24 hours of being applied (Amended by the Planning Commission on September 13, 2010). 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 4. Window displays and racks must be kept to a maximum height of three feet including merchandise. 5. A timed - access cash controller or drop safe must be installed. Resolution No. 2010 -16 Page 4 of 5 •� SEPTEMBER 13, 2010 PAGE 2 OF 2 6. Install a silent armed robbery alarm. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under control of the licensee. 8. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 9. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 10. The existing restaurant and required parking within 60 feet of the building must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Light standards cannot be located in required landscape planters. 11. The Petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code Section 602, on the exterior of the premises. 12. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premise is in operation. 13. Amplified music may not be played outside. 14. No ambient music, noise or sound may be audible beyond 20 feet from the exterior of the premises in any direction. 15. The south door(s) shall be kept closed at all times during the operation of the premises except to permit deliveries. Deliveries may not be made between the hours of 12:00 a.m. and 7:00 a.m. 16. The south door(s) shall not consist solely of a screen or ventilated security door. W .1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO RECYCLING L'A' a-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the ordinance Solid Waste Collection Regulations Article III to Chapter 16 of the Santa Ana Municipal Code relating to exclusivity and exclusions thereto (recycling). DISCUSSION The Public Works Agency manages the City's refuse and recycling programs and contracts. The City currently has two authorized refuse and recycling haulers, Waste Management and Ware Disposal. Waste Management is the exclusive hauler for all waste types with the exception of construction and demolition debris. Ware Disposal is only authorized to haul construction and demolition debris. The City's municipal code requires all generators to contract for service with an authorized hauler. The exception to this rule allows generators to donate or sell their recyclables; however, the generator is not allowed to pay the buyer or donee any compensation in lieu of collection fees. However, it does not specifically limit a third party from arranging for collection service and charging a fee for that service. Recently, there has been an increase in reported incidents of refuse and recycling services being provided by unauthorized haulers through service contracted by a third party. The proposed change to the ordinance will help to eliminate this practice and limit a generator of recyclable material to donating or selling the materials. The changes will give the Public Works Agency additional tools to ensure that City ordinances are enforced. 5OA -1 Ordinance Amending the Santa Ana Municipal Code Relating to Recycling October 4, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Director Public Works Agency Iss9/21 /10 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16 -30 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Santa Ana Municipal Code (SAMC) Section 16 -30 grants to the City of Santa Ana and its solid waste collection contractor the exclusive right to collect and process solid waste generated in the City; and B. SAMC Sec 16 -30 allows the generator of recyclable solid waste to sell or donate such waste; and C. The City desires to clarify its intent that a recyclable solid waste generator may not provide any tangible consideration to any party for collecting such donated recyclable solid waste; and D. The California Department of Resources Recycling and Recovery (CalRecycle) is responsible for the regulation of solid waste collection, transportation, and disposal; and E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 16 -30 of the Santa Ana Municipal Code is hereby amended to acknowledge that the California Department of Resources, Recycling and Recovery now regulates solid waste management in California and to clarify that no compensation may be made to the donee, buyer or any third party for the collection, processing or transportation of recyclable solid waste, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXX Page 1 of 4 Sec. 16 -30. Exclusivity and exclusions thereto. (a) The city and its solid waste collection contractor have the exclusive duty, right, and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and /or transforming, retaining and disposing of all solid waste accumulated, produced or generated in the city, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. This exclusivity shall not include construction and demolition solid waste which has accumulated and /or been generated at a temporary construction site and which is being disposed of in a roll -off container(s) or in bin(s). (b) LP-persons who generates solid waste, or peFsons who owns the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of th& its own solid waste so long as it: (1) Does so in accordance with all governing laws and regulations; and, (2) Disposes of such solid waste at a site permitted by the California Department of Resources Recycling and Recovery (CalRecycle). (c) A Rpersons who generates solid waste, or peF69ns who owns the premises upon which solid waste hasis generated or accumulated, may: (1) sell or, (2) donate their-its recyclable solid wastes; provided, however, that in both instances: (a) the person must, on its premises, peFSenatly segregate (by waste type) from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or the donee, or any third party, any SUMS, GGRSUItinn food eF ethe fees ;n�_ lieu of tangible consideration, including service, consulting or other fees or discount/reduction of fees for collecting, processing, or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection, processing or aFd disposal service rates of its un�.egFeg tee �_�. _��.�..for solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. At the request of the City, a person who sells or donates its recyclable waste shall provide documentation, including receipts from the person buying or receiving the donated recyclables evidencing the sale or donation and invoices or agreements for hauling or recycling services. (d) A gardener, tree trimmer, or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant hereto must be transported by the gardener, tree trimmer or Ordinance No. NS -XXX Page 2 of 4 5OA -4 person to a composting facility permitted by the California 'RtegFated Waste ManagemeRt CalRecycle in accordance with all laws and regulations. (e) Any person may collect, transport, and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the city, provided such persons comply with any and all directives of the executive director of public works. (f) Any person with whom the city has an agreement for the collection, transportation and disposal of construction and demolition solid waste which has accumulated and /or been generated at a temporary construction site may haul such waste during the term of such agreement. (g) The executive director of public works may, by written permit, authorize provision of bin service if the city's solid waste collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within twenty -four (24) hours after notice to the city's solid waste collection contractor of such failure by the executive director of public works. (h) Any person other than the city or its solid waste collection contractor who collects, transports, recycles, composts, or disposes of solid waste, or who pays another to do so, other than as permitted by subsection (b), (c), (d), (e) or (f) is guilty of a misdemeanor. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2010 Miguel A. Pulido Mayor Ordinance No. NS -XXX Page 3 of 4 5OA -5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2010 TITLE: ORDINANCE AMENDMENT 2010 TO AMEND CHAPTER 11 OF THE DANCE ORDINANCE AND ESTABLISHING A FEE FOR COST OF EXTRAORDINARY POLICE DEPARTMENT SERVICES a ! ✓ l �c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 11 of the Santa Ana Municipal Code related to dance permits and implementing the cost recovery fee for extraordinary policy services. DISCUSSION The Police Department, in conjunction with Downtown property owners and businesses, embarked on a review of the City's public dance regulations in an effort to attract new businesses, visitors and residents to the Downtown. The result is the provision of a new dance permit that addresses the unique nature of many of the older, historic properties in the Downtown and which allows for public dancing as an ancillary use. The boundaries pertaining to this modification are the same as those in the new Transit Zoning Code designated as Downtown (DT) Zone and Urban Center (UC) Zone (Exhibit 1). In addition to the Downtown modifications, the proposed Ordinance Amendment codifies existing operational standards and deleted outdated requirements pertaining to all dance permits citywide. Further, the Ordinance enacts a new fee for police services associated with dance permits. The amount of the fee was established with the adoption of the 2010 -11 budget, subject to adoption of the proposed Ordinance Amendment. Dance permit data collected over time has revealed that police calls for service for establishments with dance permits can be much higher when compared to other establishments (see Exhibit 2). To assist the City in recapturing these costs, a $500 bi- annual cost recovery fee is proposed. The fee is based on the average number of hours required to police dance establishments. Further, the permit licensee will be billed for additional costs if there is a 50% increase in police related calls to the establishment. A formal review of the permit will also be triggered, and the Chief of Police may further condition the permit, suspend or revoke the permit. �1 Dance Ordinance Amendment and Fee September 20, 2010 Page 2 FISCAL IMPACT The cost recovery base fee ($6,000 based on the current number of dance permits issued) and any subsequent recapture fees will be deposited into the General Fund (01114002- 50045). Dance Ordinance Amendment 2010 proposes modifications to public dance permit requirements that may encourage additional locations to obtain a permit, which may increase those amounts. jau M. Walter Chief of Police Police Department PMW /CJN//mlr APPROVED AS TO FUNDS AND ACCOUNTS: c � Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. DT Zone and UC Zone Map 2. Dance Establishment Cost Recovery Fee Memo (RH /JF 10/04/10) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 11 OF THE SANTA ANA MUNICIPAL CODE RELATED TO DANCE PERMITS AND IMPLEMENTING THE SANTA ANA POLICE DEPARTMENT PUBLIC DANCING ESTABLISHMENT COST RECOVERY FEE FOR EXTRAORDINARY POLICE SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Police Department is currently updating the public dance regulations. The Department recognizes the unique entertainment venues within the City serve to provide a rich and diverse cultural experience for individuals and visitors to the City. B. The proposed revisions will add operational standards such as minimum lighting and security guards while deleting outdated requirements, such as patron registration. Also proposed is a pilot program to allow establishments that cannot meet the current location standards to obtain a permit. The municipal code currently requires public dance places to have a minimum size kitchen facility and dance floor area, a minimum number of seating locations and must meet the State definition of a "bona fide eating establishment ". It appears a majority of older, historical buildings that comprise the downtown area are unable to meet those minimum standards. Therefore, in order to enhance the urban, pedestrian flavor of the downtown and contribute to the economic well -being of the community, the police department proposes easing the location standards to accommodate those businesses that seek public dancing as an ancillary use. Initially, this permit will be available to establishments within a designated area of the downtown. C. The emergence of the Artists Village, downtown and surrounding area with a mix of residential, office and commercial uses, places the city at a point necessitating a fresh look at the citywide policy concerning public dancing. Within the Artists Village and surrounding area, several commercial and residential developments exist or are in the process of completion. D. Each of these developments, when approved, add a component necessary to create a more dynamic living community operating within an urban environment. The integration of living, working and entertainment space provides a lifestyle that has proven successful in other metropolitan areas and contributes to the vitality of the Downtown by enhancing the activity, and thus viability of the Artists Village. E. With reduced revenues and the increased growth of nightlife in the downtown area, the Police Department is seeking to support the emerging vibrant uses by developing a strong ordinance to mitigate any negative impacts associated with these venues and minimize calls for service while ensuring a reduced fiscal impact on the City. F. The City of Santa Ana has a long history with alcohol beverage establishments that generate an extraordinary amount of police - related calls for service. Numerous studies have shown the correlation between alcohol and violence. The police department has evaluated the relationship between alcohol - licensed establishments and the impact that entertainment such as public dancing has on police services. These studies found that police - related incidents at dance establishments generate a higher number of calls than non -dance establishments and those calls require an increased level of manpower. G. Police department data convincingly supports the premise that the City's dance establishments generate an extraordinary amount of police - related calls and require a greater number of police service hours than establishments that do not provide that type of entertainment. H. To help the City recapture some of those extraordinary costs, the Police Department proposes to assess a 'cost recovery fee'. Establishments that obtain a public dance permit will be assessed this fee in addition to the application fee. Both fees will be collected each time the establishment applies to renew their dance permit. The goal of this fee is to maintain a strong sense of public safety without creating a burden to the City. It is within the power of the City to protect itself from extraordinary emergency expenses by passing statutes and regulations that permit recovery from responsible parties. The City of Santa Ana may charge a fee to recover the reasonable costs incurred by the City for services that the Santa Ana Police Department provides related to responding and attending to normal calls for service. J. Implementing a Public Dancing Establishment Cost Recovery Fee program will generate projected revenues that will help the City offset some of the costs incurred in responding to extraordinary calls for service at public dance establishments. AI = K. The staff reports and oral testimony before the Public Safety Committee on May 25, 2010, and July 27, 2010, shall by this reference be incorporated herein and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. L. The Request for Council Action for this ordinance dated October 4, 2010, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. M. In an effort to monitor the results of this program, the City Council shall review these new revisions six (6) months after adoption of the ordinance in order to analyze the effectiveness and sufficiency of the new policies. N. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 11 -1 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -1. Definitions. For the purpose of this chapter the words and phrases herein defined shall be construed as having the following meanings: Public dance hall is a place open to the public upon the payment of an admittance fee wherein music is provided and people are allowed to dance, which place is so open at regular intervals or on regular days of the week. This use shall also be defined as a regulated use under Chapter 41 of the zoning code Public dance is a dance whiGh 06 held on one day on! in which either couples or singles engage in the activity of dancing in a public place. Public dancing place is a place operated for profit where music is provided and the public is permitted to dance with or without payment of a fee. Private dance is a dance which is limited to those persons individually invited, to which no admission charge is made, or a dance conducted by a bona fide club, society or association, or organization incorporated for benevolent, charitable, dramatic, literary, recreational or dancing purposes having an established membership, and which holds �1 meetings other than such dances at regular stated intervals, and when the proceeds, if any, of such dance are used only for the purposes of such club, society, association or organization. Nightclub shall mean clanOng is allowed a public place open to patrons over the age of twenty -one (21) years for entertainment primarily durinq the evening hours wherein liquor and food may be served, providing music and an area for public dancing Such an establishment is defined as a public premise by the California Business & Professions Code Said establishment sells liquor or beer for consumption on the premises as its primary business. Special Event Dance shall mean a dance which is open to the public with or without payment of an admittance fee or charge which is held on one day only, for which a temporary "one -day dance permit" shall issue Location of event must have received prior approval from the City's Planning & Building Agency and Fire Department to conduct these functions. Section 3. Section 11 -3 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -3. Permit -- Required; application; investigation; exception. (a) Every person desiring to conduct a public dance shall, ten (10) days prior to such dance, file an application for a permit so to do with the chief of police of the city. Every person desiring to operate a public dance hall or public dancing place shall file an application for a permit to do so with the chief of police at least thirty (30) days prior thereto. (b) Written application for permits under this chapter shall be filed with the Chief of Police upon forms provided by him and shall set for the following facts: (1) The name and residence of the applicant or applicants, and if the applicant is a corporation or partnership, the names and residences of the officers, partners or directors thereof, and if the applicant is an association, the names and residences of the officers thereof; (2) The particular place for which the permit is desired; (3) The days, or if a one -day permit the date, and time of dances to be held under the permit; 14117-Me, •, organ zation pmpesing to raendurst the when the same, the date eF days, the 'Ge, and the hours s esed to be GenduGted, and the admissien fee to be . (b) Written application for permits under this chapter shall be filed with the Chief of Police upon forms provided by him and shall set for the following facts: (1) The name and residence of the applicant or applicants, and if the applicant is a corporation or partnership, the names and residences of the officers, partners or directors thereof, and if the applicant is an association, the names and residences of the officers thereof; (2) The particular place for which the permit is desired; (3) The days, or if a one -day permit the date, and time of dances to be held under the permit; 14117-Me, •, (4) A statement that the applicant is the licensee of record, sole party, or applicants are the sole party, either directly or indirectly interested in the dance for which a permit is sought, and that no other person is, or will be, in any manner interested, directly or indirectly, during the continuance of the permit; (5) A statement of the ownership of the realty of the premises for which the permit is sought; (6) The name of at least one responsible party on the premises, as well as a telephone number on the premises where such a person can be reached; Police may require. (7) A statement of such additional information as the Chief of MLcj The chief of police shall investigate the persons applying for such permit, shall consider the items and standards for granting set out in section 11 -5 and, in conformance therewith, shall either grant or deny the permit applied for, and shall forthwith notify the applicant of his action. (s)J!jl No person, firm, partnership, corporation company, or non - profit or charitable or shall conduct any public dance hall, public dance, or public dancing place, without first making application for and obtaining a permit so to do, nor shall any person conduct the same during the time while a permit so to do is revoked. E4) e No permit shall be required for a private dance. (f) Unless earlier revoked by the Chief of Police dance permits shall be valid for a period not to exceed two (2) years All dance permits are not automatically renewed and it shall be the responsibility of the permit holder to file a new application for a dance permit at least 45 days prior to the previous permit's expiration (p) Special Event Dance Permits or one -day dance permits shall be valid only for the requested date and are not renewable (e)Lhj Any permit applicant aggrieved by the decision of the chief of police to deny said permit may appeal to the - sityseUasit as provided in Chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal must be filed with the clerk of the council and the chief of police within seventy -two (72) hours of service of the written notice of the chief of police's decision. Section 4. Section 11-4 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-4. Same -- Revocation of or placing condition on. Al In the event any person holding a permit under this chapter shall violate any provision of this chapter or shall permit or allow any illegal, improper or disorderly conduct in said dancing place, the chief of police may revoke or condition such permit by giving written notice of the revocation or condition to the holder of such permit seventy -two (72) hours before the effective hour of the revocation or condition. The chief of police may, when violations of law in the neighborhood exceed the average for like areas in the city, give notice of revocation or placing a condition thereon in the original granting of the permit or to avoid revocation of an existing permit. The condition may require the management to employ one or more special officers, to approved by the Ghief of , to keep the peace and enforce all statutes and ordinances during all times dancing is allowed. Any permit holder aggrieved by the decision of the chief of police to revoke or condition said permit may appeal to the -city GGunGil as provided in Chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal must be filed with the clerk of the council and the chief of police within seventy -two (72) hours of service of the written notice of the chief of police's decision. Section 5. Section 11 -5 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -5. Same -- Location standards. (a) No permit shall be issued for a public dancing place where any alcoholic beverages are sold unless the place is a "bona fide eating place" as defined in Section 23038 of the Business and Professions Code of the State of California, and the place of business has seats at tables to seat at least fifty (50) people, not counting any stools at the bar or counter where alcoholic beverages are prepared for service and are served, utilizes not less than twenty (20) per cent of the floor space as a kitchen facility for food preparation, and has not less than three hundred (300) square feet of floor space maintained in a smooth and safe condition for dancing. (b) No permit shall be issued for a public dance hall where any alcoholic beverages are sold, unless the place has not less than five hundred (500) square feet of floor space maintained in a smooth and safe condition for dancing. (c) Notwithstanding the foregoing in that area of the City of Santa Ana known as the Downtown (DT) Zone and the Urban Center (UC) Zone as described in Chapter 41 of the Santa Ana Municipal Code the requirements of subsections (a) and (b) shall not apply. In addition if the proposed floor space to be maintained in a smooth and safe condition for dancing is ten percent (10 %) or more of the total square footage of the public area, a formal plan check review by the Building Department and Fire Department shall be required. Section 6. Section 11 -7 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -7. PFeWbited GenduGt of apeFato Operational standards. Flaw -skull All establishments at which public dancing is being conducted shall comply with the following operational standards: (1) No establishment shall Ppermit or allow any intoxicated, boisterous or disorderly person to enter, be, or remain therein. (2) issue any pass GUt GheGk to allow aRy patFOR theFeef who has (3)JQ No establishment shall Sshut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing._ Interior lighting must be in accordance with Article 220 of the National Electric Code and in addition, a minimum of one - quarter foot - candle shall be provided in all areas of the establishment. (4)L3) No establishment shall Rpermit or allow any minor under the age of sixtee^ (16) eighteen (18) years to enter, remain in or dance in such place conducted unless accompanied by a parent or adult guardian or person in charge of said minor, between 10:00 p.m. and 6:00 a.m. (4) Each establishment is required to obtain and possess any and all licenses, permits, certificates etc as required by law for the operation of the business as a condition for obtaining a dance permit Failure to obtain or possess any such entitlements as referenced herein can be the basis for rejection or revocation of the dance permit. (5) No music shall be played outside of the premises nor be audible beyond the area under vour control as the permittee unless the permittee has Previously obtained any and all required permits for such activity. (6) The premises shall provide exterior lighting in compliance with Police Department requirements 7 At all times that dancing and /or entertainment is bein conducted, the applicant shall employ a minimum of one (1) uniformed licensed securitv guard for every 100 persons in attendance per event for keeping the peace (8) If there is a marked or noticeable increase in the number of police - related incidents on or near the premises as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed licensed securitv guards to a total number of guards as determined by the Chief of Police (9) No person other than the permittee is authorized to conduct public dancing on the premises. (10) The permittee shall post a copy of the permit at a conspicuous location on the premises so that the public can view it. (11) There shall be no one under twenty -one (21) years of age on the premises after the sales and service of food has been discontinued if alcohol is being served, when public dancing is authorized under this permit (12) Outside queuing space shall be located so as not to obstruct public right -of -way, interfere with any outside eating areas or impede access to adjacent business establishments. Patrons in the outside queuing area shall not be permitted to obtain or consume food or beverages from the business (13) All owners, managers and employees serving and /or selling alcoholic beverages in an establishment shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC /RBS) or other certifying /licensing body, which the State may designate. Records of each owner's manager's and employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. fl 4) The owner /operator shall submit a security plan for approval by the Chief of Police. The establishment owner shall be responsible for ensuring that the business' security personnel or officers implement and enforce at all times any security Plan approved or required for the business (15) The owner /operator shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. Camera system components shall include: (i) A minimum of one color camera at each specified location. (ii) A color camera recorder or digital system capable of recording events on all cameras simultaneously. Al - C (iii) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (16) The owner /operator shall scan the identification card CID ") of each Patron into an ID scanner system prior to the patron being granted entry into the premises The ID scanner system must be reviewed and approved by the Police Chief. entirety: Section 7. Section 11 -8 of the Santa Ana Municipal Code is hereby deleted in its Wg entirety: Section 8. Section 11 -9 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 9. Section 11 -10 of the Santa Ana Municipal Code is hereby deleted in its . Section 10. Section 11 -12 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11 -12. Extraordinary Calls for Service Cost Recovery Fee Schedule Adoption The City shall adopt and amend, from time to time, a schedule of fees as described in this Article by Resolution. 5OB -11 Section 11. Section 11 -13 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11 -13. Extraordinary Calls for Service Cost Recovery Fee (a) Any establishment obtaining a dance permit shall be charged a cost recovery fee in addition to the dance permit fee for recovery of costs generated by extraordinary calls for service by these establishments. The amount of the cost recovery fee shall be determined by the Chief of Police and adopted by resolution into the City fee schedule. (b) Additionally, establishments with a dance permit will be charged for any police related service hours that are 25% above the baseline number of service hours for said establishment, as determined by the Chief of Police. The baseline will be determined by the number of service hours incurred by the Police Department in response to calls for service to the establishment during the first twelve (12) months of operation with the dance permit. Any establishment with a dance permit that generates a 50% increase in police related service hours above the baseline number of service hours for said establishment, as determined by the Chief of Police, will require reimbursement for the additional service hours and initiate a formal review of the operation by the Chief of Police, at which time the Chief of Police may decide to condition, suspend, or revoke the subject dance permit. (c) The Extraordinary Calls for Service Cost Recovery Fee shall be assessed to any establishment obtaining a dance permit at the time of obtaining said dance permit and each time said dance permit is renewed. In addition, the Police Department will conduct a review every six (6) to twelve (12) months after the yearly anniversary of the initial issuance date of the dance permit to determine if additional fees have been incurred for service hours generated at the establishment that are 25% or more than the baseline set for the establishment. Further, all fees must be paid as a condition of issuance of a dance permit. Failure to pay fees may result in the rejection, suspension, or revocation of the dance permit at the discretion of the Chief of Police. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2010 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge, Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana II = ? �1 = a VA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: RESOLUTION AUTHORIZING THE SUBMITTAL OF RECREATIONAL TRAILS PROGRAM GRANT APPLICATION FOR CLASS II BIKE LANES `1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a Recreational Trails Program Grant application in the amount of $ 180,000 for installation of bike lanes and signage on various streets. DISCUSSION In 2005, Congress reauthorized funding of the Recreational Trails Program nationwide. Funding is available to cities, counties, districts, state agencies, federal agencies and non - profit organizations with management responsibilities over public lands. In the past, the City of Santa Ana has been successful in obtaining grant funds for the Flower Street Bike Trail (Phase II), the Golden Loop Bike Trail rehabilitation, Thornton Park Bike Trail renovation, and Santiago Bike Trail Enhancement. The City of Santa Ana Bikeways Strategic Plan, adopted by the City Council in 1998, identifies locations of the proposed Class I (off street) bike trails and Class II (on street) bike lanes throughout the City. Most of the Class II bike trails in the City have been completed where public land is available. Staff reviewed the Bikeways Strategic Plan Class II bike lane locations and has identified two streets that are wide enough to accommodate bike lanes, First Street ( Newhope to Harbor) and Bristol Street (Edinger to McFadden). Bristol Street (McFadden to First Street) will be stripped for a bike lane under the current street improvement project. The grant application guidelines require that cities pass a resolution authorizing the submittal of a grant application. If this grant request is approved, funds will be used to provide a 1.2 mile north /south bike lane on Bristol Avenue from First Street to Edinger Avenue and Y2 mile a east/west spur on First Street from the Newhope bike lane to Harbor Boulevard and Santa Anita Park. 55A -1 Resolution — Recreational Trails Program Grant October 4, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. A I Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 55A -2 IssO9/28i1 0 Resolution No. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR INSTALLATION OF BIKE LANES AND SIGNAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" provides funds to the State of California for Grants to federal, state, local and non - profit organizations to acquire, develop and /or maintain motorized and non - motorized trail Projects; and B. The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and C. Said procedures established by the State Department of Parks and Recreation require the City of Santa Ana to certify by resolution the approval of application(s) before submission of said application(s) to the State; and D. The City of Santa Ana will enter into an Agreement with the State of California to complete the project(s). Section 2. The City Council approves the filing of an application for the Recreational Trails Program, in the amount of $180,000, to install bike lanes on First Street (Newhope to Harbor), Bristol Street (Edinger to McFadden), and Bristol Street (McFadden to First Street). Section 3. The City Council certifies that the Project is consistent with the City's general plan. Section 4. The City Council certifies that the City has or will have available prior to commencement of any work on the project(s) included in this application, sufficient funds to operate and maintain the project(s). Resolution No. 2007 - Page 1 of 3 55A -3 Section 5. The City Council certifies that the City has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide. Section 6. The City Council appoints the City Manager, or the Executive Director of the Parks, Recreation and Community Services Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. Section 7. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN NOT PRESENT Resolution No. 2010 - Page 2 of 3 Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 55A -4 2010. CERTIFICATE OF ATTESTATION & ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council, City of Santa Ana Resolution No. 2010 - Page 3 of 3 55A -5 LAWMM-O, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: RESOLUTION AUTHORIZING MATCH FUNDING FOR PRELIMINARY ENGINEERING AND ONGOING OPERATIONS AND MAINTENANCE FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing a grant request to the Orange County Transportation Authority (OCTA) for preliminary engineering funding in the amount of $4.44 million with a City required local match of $444,400 (10 %) with an additional local match of (10 %) for the whole project comprised of a combination of federal, state and local discretionary funds and private sector contributions; and per the grant request, an expenditure of $1 million over a 2 year period for operations and maintenance in FY 18/19 and FY 19/20 for the Santa Ana - Garden Grove Fixed Guideway Project. DISCUSSION The OCTA Board recently approved Measure M2's Project S funding guidelines and authorized OCTA staff to issue a call for projects for preliminary engineering (PE) for eligible fixed guideway projects. This effort is necessary to position the two eligible projects, the Anaheim and the Santa Ana — Garden Grove Project to successfully compete for federal Small /New Starts funding and other federal appropriations. The Federal Transit Administration's (FTA's) Small /New Starts competitive funding process requires a more exhaustive preliminary engineering phase. This is to ensure that a solid project definition based on reliable cost estimates, benefits, impacts, and risks are defined. FTA expects the PE process to result in a definitive scope, alignment, and design features so that the project cost and implementation schedule are known with enough certainty that the construction funding request from the Small /New Starts category will not change. The current cost estimate for the PE phase for both the Anaheim and the Santa Ana — Garden Grove guideway projects is approximately $30 million. The OCTA Board voted to make available $27 million for the PE phase and required the two projects to make up the additional $3 million through a 10% match requirement. Santa Ana's PE cost for Phase I of the fixed guideway project 55B -1 RFCA — Resolution for Preliminary Engineering October 4, 2010 Page 2 of 3 from SARTC to Bristol Street is estimated to be $4.44 million. The required 10 percent local match from the City is $444,400. This will be budgeted in the FY 11/12 and FY 12/13 budget. Additionally, the 10 percent local match requirement for the whole project is anticipated to be funded from a combination of federal, state and local discretionary funds and private sector contributions. As the project progresses through preliminary engineering, the cities will continue to work with OCTA and the private sector to identify additional funding sources. Further, included in the OCTA application guidelines is the requirement that all agencies applying for PE funding submit a five -year operations plan, consistent with FTA standards. Santa Ana's Phase I fixed guideway operation and maintenance costs are projected to be $2 million annually. OCTA is recommending that federal Congestion Mitigation Air Quality (CMAC) funds be used for the first 3 years of operation. For years four and five the City must commit $500,000 each year for, FY 18 -19 and FY 19 -20 for a total local contribution of $1 million dollars. These local funds would come from a mixture of sources including but not limited to: M2 Local Turnback and other discretionary funds. The chart below shows the estimated funding strategy to achieve the $2 million annual amount needed for operations and maintenance. Five -Year Funding Plan for Fixed Guideway Operations 1. M2 Local Turnback, General Fund, and /or Other Staff is working with our fixed guideway team to prepare the PE application which is due to OCTA by October 8, 2010. Once the applications are reviewed and ranked by OCTA staff, recommendations will be developed and ultimately approved by the OCTA Board. It is anticipated that this approval process will be completed by November 30, 2010. Year 2015 Year 2020 CMAQ 100% % Farebox 21.53% Metrolink reciprocity 43.07% City Discretionary Funds (1) 25.00% Private sector 4.90% Advertising/parking revenue 2.50% DA /other .00% 100% 100.00% 1. M2 Local Turnback, General Fund, and /or Other Staff is working with our fixed guideway team to prepare the PE application which is due to OCTA by October 8, 2010. Once the applications are reviewed and ranked by OCTA staff, recommendations will be developed and ultimately approved by the OCTA Board. It is anticipated that this approval process will be completed by November 30, 2010. RFCA — Resolution for Preliminary Engineering October 4, 2010 Page 3 of 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the local match of 10 percent for PE in the amount of $444,400 to be paid in increments of $222,200 in FY 11/12 and FY 12/13 are available in Measure M Street Construction (accounting unit 03217660 - 66220). Funds for operations in the amount of $500,000 per year will be available from City discretionary funds such as M2 Local Turnback, and other sources in FY 18/19 and FY 19/20. Funds for the local match of 10 percent for the whole project will be comprised of a combination of federal, state and local discretionary funds and private sector contributions. c APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /DB Exhibit: 1. Resolution l : J 55B -4 Iss9/30/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING THE PRELIMINARY ENGINEERING PHASE OF THE SANTA ANA FIXED GUIDEWAY SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Orange County Transportation Agency (OCTA) has approved Measure M2 Project S (Transit Extensions to Metrolink) (hereinafter "Project S ") funding guidelines, for preliminary engineering efforts associated with eligible fixed guideway projects to enhance regional transit capabilities through creation of new connections to the existing Metrolink system; and B. On September 13, 2010, the OCTA Board of Directors directed staff to issue a call for Project S eligible projects and return to the OCTA Transportation 2020 Committee with programming recommendations on November 15, 2010; and C. The Santa Ana and Garden Grove Fixed Guideway Project is an eligible project for funding through Project S ; and D. Project S funding guidelines require that the preliminary engineering phase result in a specific project with reasonably certain cost estimates and implementation schedules, in order that the Project is eligible to compete for Federal Transit Authority (FTA) competitive funding and other federal appropriations; and E. Project S funding guidelines require that the City commit to a ten percent (10 %) local match for preliminary engineering phase costs; a ten percent (10 %) match for the whole proposed Project comprised of any combination of federal, state and local discretionary funds and private sector contributions; and provide a funding strategy for ongoing operations and maintenance of the Project for a minimum of five years; and F. The City Council anticipates the operations and maintenance funding will be paid from a mix of sources including M2 Local Turnback, local discretionary funds and private contributions 55B -5 G. The Santa Ana Public Works Agency has recommended that the City submit an application for Project S funds, to fund the preliminary engineering of the Santa Ana and Garden Grove Fixed Guideway Project. Section 2: The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency to submit an application to the OCTA for Measure M2 Project S funding in the amount of Four Million, Four Hundred Forty -Four Thousand, Four Hundred Forty -Four Dollars ($4,444,444), to complete preliminary engineering of the Santa Ana and Garden Grove Fixed Guideway Project. Section 3. The City Council will provide match funding of ten percent (10 %) for the preliminary engineering of the Santa Ana and Garden Grove Fixed Guideway Project and a ten percent (10 %) match for the whole project. Section 4: The City of Santa Ana demonstrates its financial commitment for operation and maintenance funding as shown in the attached funding plan (Attachment 1). Section 5: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, as well as applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. Section 6: 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 2010. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 0 Laura Sheedy Miguel A. Pulido Mayor •, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on 2010. Date: Clerk of the Council City of Santa Ana 55B -7 L : 0;�A ATTACHMENT 1 Five -Year Funding Plan for Fixed Guideway Operations 1. M2 Local Turnback, General Fund and /or Other Year 2015 Year 2020 CMAQ 100% 0% Farebox 21.53% Metrolink reciprocity 43.07% Local sources' 25.00% Private sector 4.90% Advertising /parking revenue 2.50% TDA/other 3.00% 100% 1100.00% 1. M2 Local Turnback, General Fund and /or Other � ' I le 1 1 - J REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 4, 201 O TITLE: RESOLUTION RESCINDING PREVIOUS CITY COUNCIL ACTIONS AMENDING THE ADULT SOCCER SURCHARGE AND REESTABLISHING THE SURCHARGE FOR FISCAL YEAR 201 0 -2011. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended 0 As Amended � Ordinance on �s` Reading � Ordinance on 2rd Reading � Implementing Resolution � Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution rescinding City Council actions taken on June 21 , 201 O and September 7, 201 O amending the Adult Soccer Reservation Surcharge and establishing the Surcharge for FY 2010- 201 1 . DISCUSSION On June 7, 2010, by Resolution 2010 -023, the City Council adopted the Miscellaneous Fee Schedule for Fiscal Year 201 O -1 1 as part of the City's annual budget. On June 21 , 201 O the City Council amended Resolution 2010 -023 to reduce the Adult Soccer Reservation Surcharge from $28.18 per game to $14 per game. The purpose of the surcharge fee is to generate revenue to convert a natural turf field to synthetic at the Dan Young Soccer Complex. Shortly after the vote, as part of the actions taken by Resolution 201 0 -043, the City Council further reduced the Adult Soccer Reservation Surcharge from $14 per game to $14 per day, and suspended its collection for Fiscal Year 201 0 -201 1 . Late in the week of September 7, 201 O, Councilmembers Martinez and Tinajero notified City Staff that they had become aware for the first time that they had each received a campaign contribution in the amount of $500 from United Latin Soccer League, inc., one of the seven adult soccer leagues that have annual reservation rights and are required to pay the Surcharge. Voting on changes to. the Adult Soccer Reservation Surcharge in light of those contributions could be construed as a violation of Charter Section 425. In a letter to Mayor Pulido dated September 10, 2010, Councilmember Tinajero requested the Mayor take steps to rescind and revote on the Soccer Surcharge matters so that the Council, without his participation as well as that of Councilmember Martinez, could rectify the matter. At the Mayor's request, this Council action item has been prepared to rescind both the June 21 , 201 O amendment to the Surcharge as well as the September 7, 201 O amendment. 55C -1 Soccer Surcharge Fee Resolutions October 4, 201 O Page 2 Staff is recommending that the City Council, after rescission of the earlier votes, amend the Adult Soccer Reservation Surcharge from $28.18 per game to $14 per day, and direct that its collection be suspended for Fiscal Year 201 0 -201 1 . FISCAL IMPACT The proposed fee reductions will result in approximately $73,936 less revenue in the Capital Outlay Fund 51 for soccer field development for FY 201 O -1 1 and $53,552 less in FY 201 1 -2012. Gerardo Mouet Executive Director Parks, Recreation &Community Services 55C -2 APPROVED AS TO FUNDS AND ACCOUNTS: 'll�i�Sl�i� L�t� �� Francisco Gutierrez Executive Director Finance &Management Services Agency Jwf 9/29/1 O RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING AMENDMENTS MADE ON JUNE 21, 2010 TO RESOLUTION NO. 2010 -023, REPEALING SECTIONS 1C, 1D, 4 & 5 OF RESOLUTION 2010 -043 AND ESTABLISHING THE ADULT SOCCER RESERVATION SURCHARGE FOR FY 2010 -2011 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. On June 7, 201 O, the City Council adopted Resolution No. 2010 -023 revising certain fees as set forth in the City's Miscellaneous Fee Schedule; and, B. On June 21 , 201 O, the City Council amended Resolution No. 2010 -023 to reduce the Adult Soccer Reservation Surcharge; and, D. On September 7, 201 O, the City Council adopted Resolution No. 2010- 043, among other things, further revising the Adult Soccer Reservation Surcharge to impose it upon a per day basis rather than on a per game basis; and, E. In light of procedural irregularities regarding the votes by certain council members on Resolution Nos. 2010 -023 and 2010 -043, the City Council desires to rescind its actions on June 21 , 201 O and September 7, 201 O and reconsider the actions regarding the Adult Soccer Registration Surcharge. Section 2: Amendments made to Resolution No. 2010 -023 on June 21, 2010 are hereby repealed and shall be of no further effect. Section 3: Sections 1 C, 1 D, 4 & 5 of Resolution No. 2010 -043 are hereby repealed and shall be of no further effect. Section 4: The City Council hereby amends the Adult Soccer Reservation Surcharge from $28.18 per game to $14.00 per day. The Miscellaneous Fee Schedule shall be modified accordingly_ Resolution No. 2010 -XXX Page 1 of 2 55C -3 Section 5: Imposition of the Adult Soccer Reservation Surcharge shall be suspended for Fiscal Year 201 0 -201 1 . Section 6: 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 4th day of October, 201 O. 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, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 201 O -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55C -4 Resolution No. 2010 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: INSTALLATION OF SPEED HUMPS ON ARAPAHO STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Accept the advisory poll results, and approve the installation and funding of speed humps on Arapaho Street. DISCUSSION The Windsor Village Neighborhood Association has requested the installation of speed humps on Arapaho Street between Lingan Lane and Hood Avenue. In response to this request, neighborhood meetings were conducted on June 8 and August 10, 2010 to explain both the speed hump and advisory polling processes. Mailing of the advisory polls to the residents in the area of impact occurred on July 26, 2010 with a poll return date of August 13, 2010 (Exhibit 1). The advisory poll results are as follows: Since there is neighborhood support for speed humps, staff is recommending the installation. If the City Council approves the installation, staff will prepare the design, specifications, and bid package with construction expected to begin late 2010. 65A -1 Arapaho St. Total Ballots Mailed 144 Total Ballots Received 24 Rate of Return 17% Invalid Ballots 0 Total Valid Ballots 24 Valid Ballots Not in Favor of the Speed Humps (8 %) Valid Ballots in Favor of the Speed Humps (92 %) Since there is neighborhood support for speed humps, staff is recommending the installation. If the City Council approves the installation, staff will prepare the design, specifications, and bid package with construction expected to begin late 2010. 65A -1 Installation of Speed Humps on Arapaho Street October 4, 2010 Page 2 ENVIRONMENTAL IMPACT After completion of the Environmental Review, a Categorical Exemption will be filed pursuant to the California Environmental Quality Act. FISCAL IMPACT The estimated cost to install speed humps locations is $18,000. Funds are available in the Measure M- Street Construction Fund (account no. 03217660 - 66220, project no. 106722). APPROVED AS TO FUNDS AND ACCOUNTS: i Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG:FO Exhibit: 1. Area of Impact A i F771 SPEED HUMP STREET SEGMENT v w . �► �. ♦ ` � a wo -.. 01, ;r `o x 4!j 416 4w 'ft _.. fj1 / or w 7��► /l „w wo ft 4tv 'AD • �. QMW w � an J; 00 W 3 4 BORCHARD Y`�AL� �._.m� �.. "_... »_i Exhibit 1 SANTA ANA RFCA Title: l 0 ! MAI An INSTALLATION OF SPEED HUMPS P� Agenda Date ON ARAPAHO DRIVE BETWEEN OCTOBER 4, 2010 LINGAN LANE AND HOOD AVENUE N19.K NqM$ GEIKv A WL� J 1 Ed otion 1st v r i L-• MA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2010-01 AND CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 1600 EAST FIRST STREET - AZURE PLAZA PARTNERS, LLC, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2010 -01. 2. Adopt a resolution approving Conditional Use Permit No. 2010 -15 as conditioned. PLANNING COMMISSION ACTION On September 13, 2010, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2010 -01; and adopt a resolution approving Conditional Use Permit No. 2010 -15 as conditioned by a vote of 7:0 to allow a residential care facility for the elderly and change the zoning for a portion of the lot from Single Family Residential (R1) and Multiple Family Residential (R3) to General Commercial (C2) zoning for property at 1600 East First Street (Exhibit A). The Planning Commission added a condition to require the Commission's review and approval of the final landscape plan prior to permit issuance. FISCAL IMPACT There is no fiscal impact associated with this action. Jay V. Trevino Executive Director Planning & Building Agency LL: rb LLlreports\pc&zalcupl0- 15aa10 -01 Azure Plaza= Exhibit: A. Planning Commission Staff Report 75A -1 75A -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2010 TITLE: PUBLIC HEARING — FILED BY AZURE PLAZA PARTNERS, LLC FOR AMENDMENT APPLICATION NO. 2010-01 AND CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 1600 EAST FIRST STREET Prepared by Lucy Linnaus xecutive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mana r Adopt an ordinance approving Amendment Application No. 2010 -01. 2. Adopt a resolution approving Conditional Use Permit No. 2010 -15 as conditioned. DISCUSSION Request of the Applicant Nabile Anz of Azure Plaza Partners, LLC is requesting approval of Amendment Application (AA) No. 2010 -01 to change the zoning designation of a portion of the site from Single Family Residence (R1) and Multiple - Family Residence (R3) to General Commercial (C2). Additionally, the applicant is requesting approval of Conditional Use Permit (CUP) No. 2010 -15 to allow the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE) at 1600 East First Street. Property Description The project site is located midblock, just west of the southwest corner of First and Lyon Streets. The site is an L- shaped, flat, 3.13 acre parcel developed with a 10 -story, 150 -room hotel and a detached single story restaurant constructed in 1971. A total of 182 parking spaces are provided for the site. A 0.49 acre portion of the parcel located towards the southeast corner of the lot is currently undeveloped. The site has three zoning designations: 1.62 acres of the site are zoned General Commercial (C2); 1.02 acres are zoned Single - Family Residence (R1) and 0.49 acres are zoned Multiple - Family Residence (R3). The General Plan land use designation for the entire site is General Commercial (GC). Surrounding land uses include commercial uses to the north, a mortuary to the east, Santa Ana Unified School district offices to the south and office buildings to the west (Exhibits 1, 2 and 3). Exhibit A 1 Amendment Application No. 2010 -01 Conditional Use Permit No. 2010 -15 September 13, 2010 Page 2 Project Description Azure Plaza Partners, LLC is proposing to convert an existing 150 -room hotel into a 128 -room licensed residential care facility for the elderly (RCFE). The facility will provide 24 -hour care and supervision for up to 147 residents age 60 and above. The first floor will be modified to accommodate a new entrance lobby, sitting area, dining rooms, medical clinic, beauty salon, exercise room, therapy pool, and three rooms to house non - ambulatory residents. The existing swimming pool and amenity deck will continue to operate and be restored to meet accessibility standards. The second through tenth floor will house most of the residents in rooms that will vary in size from 335 to 425 square feet. Each room will have private accessible bathroom facilities, a closet and a small counter, but no kitchen facilities as these are rooms within a care home environment and not individual residential units. The central core on each floor will have a community space intended to provide a variety of stimulating activities for the residents. These will include meeting and business rooms, library, theater, card /game room, arts and crafts room, billiards/sports room, dance studio and worship area. Additional service facilities, such as private resident storage, will be provided on the seventh and eighth floors and a common laundry facility on the fourth floor. The applicant is also proposing several site improvements. The primary vehicular entrance and interior site circulation will be simplified and flanked by plazas. The plaza adjacent to the restaurant will have a trellis and canopy trees to provide a comfortable outdoor seating area for the restaurant, while the plaza to the west will be developed with canopy trees, seating and a water feature to define the entrance and provide a pedestrian friendly connection to the street. On the undeveloped portion of the lot will be a new parking area built in compliance with city standards. The existing parking lot will be repaired as needed and re- striped, and the landscaping and exterior lighting will be restored to comply with current codes. The existing restaurant will be remodeled to better serve the tower residents as well as the public at large. The lounge area will be converted into a juice/ice cream bar. Another portion of the restaurant will be converted into a coffee shop /deli. A third portion of the existing restaurant will continue to operate as a full service restaurant. The kitchen will prepare meals for the restaurant, coffee shop /deli and the residents of the tower. The restaurant will operate seven -days a week from 6:00 am to 11:00 pm. No Alcohol Beverage Control license is requested. Lastly, exterior modifications to the tower and restaurant are also being proposed in order to update its architecture. The buildings will be painted in muted colors and the glazing system will be replaced with a more energy efficient system. To update the architectural style of the tower, a new horizontal louver system will be installed over the open stairs and elevator shaft, and a new roof railing feature painted in a contrasting color will be added to the top of the tower. The mansards on the restaurant and porte - cochere will be removed and the architecture will be streamlined. Trellises will be added to accent the restaurant entrances and seating areas (Exhibits 4, 5 and 6). Amendment Application No. 2010 -01 Conditional Use Permit No. 2010 -15 September 13, 2010 Page 3 Analysis of the Issues The proposed project entails two separate actions for consideration: The rezoning of portions of the lot which are zoned R1 and R3 to C2 and the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE). The section below will analyze each of these actions. Amendment Application As a mature city, the City of Santa Ana has seen many changes in its policies that direct development. As such, there are many parcels that have zoning designations that no longer are consistent with the General Plan land use designation or even with the development of the site. The hotel and restaurant were entitled in 1969 with a use variance that allowed development on the portion of the lot that was zoned R1. In 1969, the site had split zoning; the northern 183 feet adjacent to First Street was zoned C2, while the remainder of the lot was zoned R1. In 1989, the zoning of the portion of the lot occupied by the tower was changed from R1 to C2 to bring consistency between the land use, the zoning designation and the General Plan land use designation, leaving a small island in the center of the lot zoned R1. It has been the Planning Division's policy to correct situations like this, where the development is consistent with the General Plan land use designation, but inconsistent with the zoning, as projects are brought forward. As such, the proposed zone change represents only a clean -up to create consistency between the zoning and general plan land use designation. Conditional Use Permit The Santa Ana Municipal Code allows care homes in the General Commercial (C2) zoning district subject to a conditional use permit. Care homes are commercial facilities that are maintained and operated to provide living accommodations for and 24 -hour care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. Residential Care Facilities for the Elderly (RFCE) are non — medical facilities that provide room, meals, housekeeping and supervision; distribute medication; and provide personal care assistance with basic activities like hygiene, dressing, eating, bathing and transportation for the elderly. This level of care and supervision is for people who are unable to live by themselves, but who do not need 24 -hour nursing care. RCFEs are considered non - medical facilities and are not required to have nurses, certified nursing assistants or doctors on staff. RFCEs or Assisted Living Facilities, as they are sometimes also known, must meet care and safety standards set by the State and are licensed and inspected by the Department of Social Services, Community Care Licensing (CCL). The State not only regulates the service providers, but also ensures compliance with the City standards. Since 1996, Azure Partners has successfully embarked on three hotel conversion projects in the Los Angeles area and have converted more than 300 hotel rooms into senior housing. Since this is their first proposal for a Residential Care Facility for the Elderly as a team, they have assembled a partnership where individual members' experience includes operating and administering licensed (RCFEs) and currently operate two small facilities in Orange County. Amendment Application No. 2010 -01 Conditional Use Permit No. 2010 -15 September 13, 2010 Page 4 A conditional use permit allows the City to impose conditions to mitigate any potential unforeseen negative impacts associated with a care home use and its operations. Since this is the first project of its kind for the City, the Planning Division and Police Department are proposing conditions of approval to ensure the project maintains its high quality through time and does not transition into an undesired or unintended use. The Planning Division's conditions are intended to ensure the facility will contribute to the general well being of the community and will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues. Conditions, such as requiring the facility to maintain its license and a high level of amenities to its residents are recommended. The Police Department's conditions refer to business operations and physical improvements to improve safety, such as requiring security guards to patrol the parking lot and upgrades to exterior lighting. The Police Department proposes a review of the project at six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. Conclusion The project is consistent with the purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it would further the following General Plan goals and policies: Land Use Goal 1 I Promote a balance of land uses to address the basic community Element needs. Policy 1.5 LMaintain and foster a variety of residential land uses in the City. Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 5.1 Promote development which has a net community benefit, and enhances quality of life. Housing Policy HE-4.4 Self Enriched Housing. Support efforts to increase the availability Element of supportive services and service- enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, and persons with medical conditions. As conditioned, the project will not create additional negative impacts to the surrounding business and residents; instead it will stabilize the First Street commercial corridor by creating new long term employment opportunities and providing a service that is needed in the community. Therefore, staff recommends approval of Amendment Application No. 2010 -01 and Conditional Use Permit No. 2010- 15 as conditioned (Exhibits 7 and 8). Amendment Application No. 2010 -01 Conditional Use Permit No. 2010 -15 September 13, 2010 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15332, class 32. Class 32 exemption allows infill development projects occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, noise, air and water quality and is consistent with the applicable general plan, zoning and other policies. Environmental Review No. 2008 -140 will be filed for this project. Lucy Lionaus, AIA LL Jrn LLVepor1slpc&zalcup10- 15aa10 -01 Azure Plaza.pc c Vincent Frego , AICP Principal Plan r [rlIQOO� L14 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL CI-MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT C2 GENERAL COMMERCIAL C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CDR CORRIDOR CR COMMERCIAL RESIDENTIAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT DT DOWNTOWN -F FLOORAREARATIO GC GOVERNMENT CENTER MI LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE- FAMILY RESIDENCE R2 TWO - FAMILY RESIDENCE R3 MULTIPLE- FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN TV TRANSIT VILLAGE UC URBAN CENTER UN -1 URBAN NEIGHBORHOOD 1 UN -2 URBAN NEIGHBORHOOD 2 AA 10 -1 /CUP 10 -15 AZURE PLAZA, 1' = 1000 FEET 1600 EAST FIRST STREET - - =FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ® M1 Overlay Zone EXHIBIT 1 M2 Overlay Zone 75A -10 AA 10 -1 /CUP 10 -15 AZURE PLAZA _. 1600 EAST FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N -Cy LAND USE MAP EXHIBIT 2 75A -12 1J L5, FIRST ST. + 11111 a is C2 C2 Mt C2 Cs C2 C2-0Z14 OZI-F OA'- ZI-F C-5- OZ14 0 ? to cz R3 C2 0 R3 Al ml R4 RI I Al R4 3 City of Tustin R4 ml R3 M1 Al C5 MOFADOEN AV. 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Ica 00000Q F" C] ----------- 3 of 5 N Ln 0 0 In N 0 V) C! 0 C,4 V) 0 u V) w W ON Co 0 z 5a' ab ! tF t g �Wi La �s I I I _ _ - T _ . _ . 014- OK OUR Ty /* n - I I �FF3 i I I I I 1 1111'.11111 A ■■IS'■■ I J z Ll AA10 -01 /CUP10 -15 EXHIBIT 5 4 of 5 -7 Ram w nn C 4 � Z W M •- � f w _ 14 o Z ] h h 0 0 0000s a ooee a` "� � = < h .a h .m AA10 -011CUPI O -15 5 EXHIBIT 5 of 5 Zr% A 74 75A -22 10 jig -C u : (f) q } / q� \) . <z z ]f f` K\ tf( \ §f ` < | , � ; »� § �| k7 ,BK | |2 ■/2 ■a! � ` � � � / q > N< coos oeoe o o e <_��W N z r a Y J Y W 3 d r r° i- a, ro 4 r' Nr t_ 2 of 5 (ggt�� Yj s Y' jC � Poll W ` a x W< • • •• o Nr= h X1 � z IN Tall, •• 00 O 0 Y ;UP10-15 4 of 31T 6 I & ii O 0 Y ;UP10-15 4 of 31T 6 I & IOU d < o 0 0 O O Nvt AA10-011CUP1045 EXHIBIT 6 5 of 5 7EGA-27 'WE a — 75A -28 Conditional Use Permit No. 2010 -15 September 13, 2010 Page 1 of 2 Findinas of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed conversion of a 150 -room hotel into a 128 -room licensed Residential Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the general well being of the community by providing living facilities to a segment of the population in need of supervision and care, but not medical care. While RCFEs are regulated by the California Department of Social Services, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding 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 conditions of approval will require the facility compliance with State licensing requirements and will ensure the facility maintains a safe environment. The conditions of approval are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or 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 site as developed is suitable for the proposed use. The proposed use will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Instead, the proposed use will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues which will protect property values within the community and will contribute to the economic stability of surrounding properties in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for a care home in the General Commercial (C2) zone district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to ensure compliance with the State licensing requirement and to ensure that the proposed RCFE does not transition into an undesired or unintended use. EXHIBIT 7 Conditional Use Permit No. 2010 -15 September 13, 2010 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility is located in the General Commercial (GC) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goals 1, and Policies 1.5, 2.8 and 5.1 of the land use element and Policy HE -4.4 of the Housing Element The project site is not located within any specific plans. SEPTEMBER 13, 2010 PAGE 1 OF 3 Conditions for AmDroval Conditional Use Permit No. 2010 -15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninga Division 1. All proposed site improvements must conform to the Site Plan Review DP No. 2008- 47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010 -15 shall replace the site plan and elevations of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The facility shall obtain and maintain a license by the State for a Residential Care Facility for the Elderly (RCFE). 4. The number of residents shall be limited to 147. 5. The facility shall provide at a minimum the following amenities as shown on page 3 and 4 of Exhibit 5: a. A fully furnished meeting room with a minimum capacity of 30 occupants. b. A business office equipped with computers with internet access, public telephone, fax and copier machines, and other incidental equipment necessary to support an office environment. C. A library furnished with tables, chairs and at least one computer. d. A fully furnished theater with a minimum capacity of 15 occupants. e. A fully furnished card /game room with a minimum capacity of 30 occupants. EXHIBIT 8 SEPTEMBER 13, 2010 PAGE 2OF3 f. A fully furnished and equipped arts and crafts room with a minimum capacity of 15 occupants. g. A fully furnished billiards /sports room with a minimum of two playing stations. h. A fully furnished dance studio with a minimum capacity of 15 occupants. i. A fully furnished worship area with a minimum capacity of 30 occupants. j. Private resident storage will be provided on the seventh and eighth floor. k. A common laundry facility with a minimum of eight washing machines and corresponding dryers and ironing/folding area. I. Vehicular transportation with a minimum capacity of 20 passengers to provide free shuttle to the residents to destinations within 15 miles of the location. M. A fully equipped exercise room. n. A Therapy pool. o. A swimming pool with seating and shade. 6. Each amenity or service, including the shuttle service shall be available to the residents daily for a period of not less than 12 hours. Programmed activities shall be available to the residents daily for a period of not less than four hours. 7. An amenity plan showing the interiors and high quality and durable finishes, furnishing and proposed equipment shall be submitted to the Planning Division for review and approval. 8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are rooms in a care home environment and not residential units. 9. Residential units shall not be allowed on the site. 10. No banquet facilities as defined by SAW Section 41 -25, medical marijuana dispensary as defined by Section 41 -121 or massage establishment as defined by Section 41.1751.2 shall be allowed on the site. 11. The entry plazas shall be designed with shade trees, outdoor seating, decorative paving, landscape planters and a water feature. A plan shall be submitted to the Planning Division for review and approval. 75A -32 SEPTEMBER 13, 2010 PAGE 3 OF 3 12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees, decorative paving, landscape planters and trellises. The landscape planter between the restaurant building and the street shall be fully landscaped. A plan showing durable and high quality materials shall be submitted to the Planning Division for review and approval. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide minimum 100 square inch windows in all doors leading into common areas such as laundry facilities, rec. rooms etc. 3. Provide minimum 12 -inch shatterproof convex mirrors in all elevators. 4. State licensed uniformed security guards are required 24/7 at the staffing level of one guard in a fixed position on the first floor at a guard station. One guard is to conduct roving activities within the building. One guard is required to patrol the parking lot. 5. This conditional use permit shall be reviewed by the Police Department after six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A -33 75A -34 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 1600 EAST FIRST STREET FROM SINGLE FAMILY RESIDENCE (R1) AND MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C -2) (AA NO. 2010 -01) 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. The Applicant is requesting adoption and approval of Amendment Application No. 2010 -01 and Conditional Use Permit No. 2010 -15 to allow an adult day care facility at 1600 East First Street. B. On September 13, 2010, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2010 -01. 2. Adopt a resolution approving Conditional Use Permit No. 2010 -15 as conditioned. C. On , 2010, 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. Amendment Application No. 2010 -01 has been filed with the City of Santa Ana to zone a portion of the property located at 1600 East First Street from Single Family Residence (R1) and Multiple - Family Residence (R3) to General Commercial (C -2). E. Amendment Application No. 2010 -01 is consistent with the General Plan, including but not limited to its goals and policies: 1. Promote a balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Maintain and foster a variety of residential land uses in the City. Land Use Element Policy 1.5. 3. Promote rehabilitation of commercial properties, and encourage 75A -35 increased levels of capital investment. Land Use Element Policy No. 2.8. 4. Promote development which has a net community benefit, and enhances quality of life. Land Use Element Policy No. 5.1. 5. Self Enriched Housing. Support efforts to increase the availability of supportive services and service- enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, and persons with medical conditions. Housing Element Policy HE -4.4. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1600 East First Street is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated , 2010 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2010 -01 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. H. Conditional Use Permit No. 2010 -15 as conditioned came before the City Council on , 2010. This ordinance incorporates by reference, as though fully set forth herein, the Conditional Use Permit in support of this ordinance and the findings made herein. Section 2. The real property located at 1600 East First Street is hereby zoned from Single Family Residence (R1) and Multiple - Family Residence (R3) to General Commercial (C -2). (AA No. 2010 -01) Amended Sectional District Map number - showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated , 2010 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75A -36 ADOPTED this day of , 2010. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Ryan O. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -37 NW_ISIOO,� ROH - 10/04/10 RESOLUTION NO. 2010 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010 -15 AS CONDITIONED TO ALLOW AN ADULT DAY CARE FACILITY AT 1600 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2010 -15 to operate an adult day care facility in the General Commercial (C2) zoning district for the property located at 1600 East First Street. B. Santa Ana Municipal Code Section 41 -199.2 allows adult day care facilities in the C2 zoning district subject to the issuance of a conditional use permit. C. Conditional Use Permit No. 2010 -15 came before the City Council of the City of Santa Ana for a duly noticed public hearing on , 2010. D. The City Council determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2010 -15 to allow an adult day care facility: 1. The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed conversion of a 150 -room hotel into a 128 - room licensed Residential Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the general well being of the community by providing living facilities to a segment of the population in need of supervision and care, but not medical care. While RCFEs are regulated by the California Department of Social Services, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. 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? 75A -39 Resolution No. 2010 -xx Page 1 of 4 The conditions of approval will require the facility compliance with State licensing requirements and will ensure the facility maintains a safe environment. The conditions of approval are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or 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 site as developed is suitable for the proposed use. The proposed use will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Instead, the proposed use will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues which will protect property values within the community and will contribute to the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for a care home in the General Commercial (C2) zone district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to ensure compliance with the State licensing requirement and to ensure that the proposed RCFE does not transition into an undesired or unintended use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility is located in the General Commercial (GC) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goals 1, and Policies 1.5, 2.8 and 5.1 of the land use element and Policy HE -4.4 of the Housing Element The project site is not located within any specific plans. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332, class 32. This class 32 exemption allows infill development projects occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, 75A -40 Resolution No. 2010 -xx Page 2 of 4 noise, air and water quality and is consistent with the applicable general plan, zoning and other policies. Categorical Exemption Environmental Review No. 2008 -140 will be filed for this project. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2010 -15 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney day of , 2010 by the following vote: Miguel A. Pulido Mayor 75A -41 Resolution No. 2010 -xx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the City Council City of Santa Ana 75A-42 Resolution No. 2010 -xx Page 4 of 4 Conditions for Approval for Conditional Use Permit No 2010 -15 Conditional Use Permit No. 2010 -15 is approved subject to compliance, to the reasonable satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review DP No. 2008- 47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010 -15 shall replace the site plan and elevations of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The facility shall obtain and maintain a license by the State for a Residential Care Facility for the Elderly (RCFE). 4. The number of residents shall be limited to 147. 5. The facility shall provide at a minimum the following amenities as shown on page 3 and 4 of Exhibit 5: a. A fully furnished meeting room with a minimum capacity of 30 occupants. b. A business office equipped with computers with internet access, public telephone, fax and copier machines, and other incidental equipment necessary to support an office environment. C. A library furnished with tables, chairs and at least one computer. d. A fully furnished theater with a minimum capacity of 15 occupants. e. A fully furnished card /game room with a minimum capacity of 30 occupants. Exhibit "A" Resolution No. 2010 -xx Page 5 of 4 75A -43 September 13, 2010 PAGE 2OF3 A fully furnished and equipped arts and crafts room with a minimum capacity of 15 occupants. g. A fully furnished billiards /sports room with a minimum of two playing stations. h. A fully furnished dance studio with a minimum capacity of 15 occupants. A fully furnished worship area with a minimum capacity of 30 occupants. Private resident storage will be provided on the seventh and eighth floor. k. A common laundry facility with a minimum of eight washing machines and corresponding dryers and ironing /folding area. Vehicular transportation with a minimum capacity of 20 passengers to provide free shuttle to the residents to destinations within 15 miles of the location. M. A fully equipped exercise room. n. A Therapy pool. o. A swimming pool with seating and shade. 6. Each amenity or service, including the shuttle service shall be available to the residents daily for a period of not less than 12 hours. Programmed activities shall be available to the residents daily for a period of not less than four hours. 7. An amenity plan showing the interiors and high quality and durable finishes, furnishing and proposed equipment shall be submitted to the Planning Division for review and approval. 8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are rooms in a care home environment and not residential units. 9. Residential units shall not be allowed on the site. 75A-44 September 13, 2010 PAGE 3OF3 10. No banquet facilities as defined by SAMC Section 41 -25, medical marijuana dispensary as defined by Section 41 -121 or massage establishment as defined by Section 41.1751.2 shall be allowed on the site. 11. The entry plazas shall be designed with shade trees, outdoor seating, decorative paving, landscape planters and a water feature. A plan shall be submitted to the Planning Division for review and approval. 12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees, decorative paving, landscape planters and trellises. The landscape planter between the restaurant building and the street shall be fully landscaped. A plan showing durable and high quality materials shall be submitted to the Planning Division for review and approval. 13. Prior to issuanc e landscape plan (Recommended 2010). B. Police Department of a building permit, the applicant shall submit a final to the Planning Commission for review and approval by the Planning Commission on September 13, The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide minimum 100 square inch windows in all doors leading into common areas such as laundry facilities, rec. rooms etc. 3. Provide minimum 12 -inch shatterproof convex mirrors in all elevators. 4. State licensed uniformed security guards are required 24/7 at the staffing level of one guard in a fixed position on the first floor at a guard station. One guard is to conduct roving activities within the building. One guard is required to patrol the parking lot. 5. This conditional use permit shall be reviewed by the Police Department after six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A -45 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the foregoing document described as: in this action by placing a true copy thereof en c ose in se-aled se-ale envelopes addressed as follows: [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARIA D. HUIZAR 75A -46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: PUBLIC HEARING — 2010111 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution to approve the proposed expenditure plan for the FY 2010/11 Supplemental Law Enforcement Services Fund. DISCUSSION For the 15th consecutive year the State of California is providing grant funding to State law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). The California State Legislature allocates funding to local government agencies annually since the program was initiated through Assembly Bill 3229 in 1996. The grant requires that funding be allocated to counties and cities in accordance with specific requirements for front -line law enforcement services. Front line law enforcement typically includes community oriented policing projects and citywide targeted law enforcement activities. These funds are to supplement existing services and shall not be used to supplant or replace existing funding. Total funding allocation is based on annual estimated population figures for respective counties and cities. The projected funding amount for FY 2010/11 is estimated at $432,820. In compliance with the requirements of this legislation, the Orange County Supplemental Law Enforcement Oversight Committee has requested that all cities obtain City Council approval of their Description of Planned Expenditures for FY 2010/11. The Police Department plans to utilize these funds to hire up to four Police Recruits depending on actual funding received. These new officers will be assigned to frontline patrol officer duties after they complete basic POST required training. 75B -1 Resolution 2010/11 SLESF Expenditure Plan October 4, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action and there is no local match requirement. Paul M. Walters Chief of Police Police Department Exhibits: 1. Resolution 75B -2 roh:10 /04/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO APPROVE THE PROPOSED EXPENDITURE PLAN FOR THE 2010- 2011 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Legislature has established and annually funds the Supplemental Law Enforcement Services Fund ( SLESF). B. Said fund requires that moneys be allocated to counties and cities in accordance with specified requirements for front line law enforcement services. C. The total funding allocation is based on annual estimated population figures for respective counties and cities. In 2009 -2010, the City of Santa Ana received an award of $231,335. D. The potential funding amount for 2010 -2011 is estimated to be $432,820. The State requires cities and counties to adopt and submit an expenditure plan to the Supplemental Law Enforcement Oversight Committee prior to funding. E. The Police Department has established a SLESF expenditure account for the grant funds, and is committed to spend the funds on front -line law enforcement, to hire up to four police recruits. F. A duly noticed public hearing was held to consider this item at the Council's regular meeting of October 4, 2010. The City Council considered all testimony, written and oral, before rendering this decision. Section 2. The City Council of the City of Santa Ana hereby approves and authorizes and empowers the Chief of Police to take all actions necessary to submit the proposed SLESF expenditure plan to the Supplemental Law Enforcement Oversight Committee. 75B -3 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 , 2010. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: PUBLIC HEARING - ORDINANCE ELIMINATING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance to eliminate the time limits on the establishment of loans, advances and indebtedness to allow the Agency to incur debt up to the plan effectiveness deadlines for the Central City, Inter City, and Bristol Project Areas. DISCUSSION In 2001, the California State legislature adopted SB211 which allows the City to amend a pre -1994 redevelopment plan to eliminate the time limit on debt incurrence. The legislative body is required to adopt a summary ordinance, which will allow the Redevelopment Agency to eliminate the time limits to establish new loans, advances or indebtedness. Upon adoption of the ordinance, the Agency will be required to pay the statutory pass through payments pursuant to Health & Safety Code Section 33607.7 to each affected taxing entity with which the Redevelopment Agency does not already have a pre -1994 pass through agreement. In January of 2004, the debt incurrence deadlines for the North Harbor, South Harbor, and South Main Project Areas were extended to the plan effectiveness dates which eliminated the limits on debt establishment. At that time, it was determined that the financial impacts of the statutory pass through payments for the Central City, Inter City, and Bristol Street Project Areas did not warrant eliminating the debt incurrence limits. Staff has since been analyzing the benefits of a debt restructuring to lower annual debt service obligations and create new cash flow to repay SERAF borrowings. Such a refinancing would necessitate the elimination of time limits to incur debt in Central City, Inter City, and Bristol. Should the debt refinancing not occur within a certain time frame due to bond market conditions, then the proposed ordinance will not become effective and there will be no additional financial obligation on the part of the Agency to the taxing entities. Notice of this public hearing was published on September 24, 2010. 75C -1 P. H. — Ordinance Eliminating Deadlines for Debt Incurred in Three Redevelopment Project Areas October 4, 2010 Page 2 FISCAL IMPACT The projected net present value of pass through payments over the remaining term of the three project areas is $17,170,000 as a result of the amendment, based on Proposition 13 growth projection. Cynthia ` J. Nelso Deputy City Manager for Development Services Community Development Agency CJN /NTE /kcg APPROVED AS TO FUNDS AND ACCOUNTS: A , 06 Francisco utierrez Executive Director Finance & Management Services Agency 75C -2 JWF 9/29/10 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, INTER -CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT. 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. California Health & Safety Code Section 33333.6(a) & (b), part of the Community Redevelopment Law, was amended by Assembly Bill 1290 in 1993 to impose time limits on incurring debt, receipt of tax increment and effectiveness of the plan. The outside time limit for incurring debt under AB 1290 for plans adopted prior to 1994 was the later of 20 years after plan adoption or January 1, 2004. B. Senate Bill 211 (effective January 2002) permits the amendment of a pre -1994 plan to completely delete the debt incurrence deadline, with the result that an agency can incur debt under such a plan up to the deadline for the effectiveness of the plan. C. The City of Santa Ana wishes to utilize the procedure set forth in California Health and Safety Code section 33333.6(e)(2)(B) to eliminate the date that debt can be incurred in three of its six redevelopment plans so that the Redevelopment Agency can incur new debt until the end of the effective life of the each of these three project areas so that the Agency can continue to meet its long term goals and objectives. D. The City of Santa Ana is cognizant that under Health and Safety Code section 33607.7, by adopting this ordinance amending the redevelopment plans in order to eliminate the debt incurrence time limits, the Redevelopment Agency will be required to pay the statutory pass- through payments to each affected taxing entity with which the Agency does not already have a pre -1994 pass- through agreement. E. The Community Redevelopment Agency of the City of Santa Ana (the "Agency ") is considering issuing approximately $62,000,000 in tax allocation bonds in late 2010 to restructure existing debt of the 75C -3 Agency as well as to issue approximately $5,900,000 of federally taxable Recovery Zone bonds (jointly, the "2010 Tax Allocation Bonds "). Elimination of the debt incurrence time limit for these redevelopment plans is necessary for the structuring of the 2010 Tax Allocation Bonds. SECTION 2: As used in this Ordinance, the following definitions shall apply: Agency shall mean the Community Redevelopment Agency of the City of Santa Ana. Community Redevelopment Law shall mean Part 1 (commencing with Section 33000) of Division 24 of the California Health & Safety Code, as amended from time to time. Central City Plan shall mean the City of Santa Ana Redevelopment Plan originally adopted by Ordinance No. NS -1173 on or about July 2, 1973, as amended. Inter City Plan shall mean the Inter City Commuter Station Redevelopment Plan originally adopted by Ordinance No. NS -1636 on or about July 6, 1982, as amended. Bristol Plan shall mean the Bristol Corridor Redevelopment Plan originally adopted by Ordinance No. NS- 2039on or about December 4, 1989, as amended. Tax increment shall mean property tax revenues allocated to the Agency pursuant to Section 333670 of the Community Redevelopment Law. Time limit on incurring indebtedness, Time limit on plan effectiveness, Time limit on receipt of tax increment shall have those meanings as described in subdivisions (a), (b) and (c), respectively, of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. SECTION 3: The Central City, Inter City and Bristol Redevelopment Plans of the City of Santa Ana are hereby amended to repeal the existing debt incurrence time limits so that the Agency can incur debt for these respective project areas up to the redevelopment plan effectiveness dates. SECTION 4: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and 2 75C -4 adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 5: This ordinance shall become effective upon the issuance and sale of the 2010 Tax Allocation Bonds. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2010. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 3 75C -5 75C -6