HomeMy WebLinkAbout FULL PACKET_2005-03-07
(MJV 1/31/05)
ORDINANCE NO. NS-2678
AN ORDINANCE OF THE CITY OF SANTA ANA
REPEALING DIVISION 11, SECTIONS 2-660 THRU 2-
661 OF THE SANTA ANA MUNICIPAL CODE
REGARDING THE CABLE TELEVISION ADVISORY
BOARD
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. In 1983, the City Council of the City of Santa Ana created the cable
television advisory board to consider matters referred to it by the City
Council. In particular, to consider matters, technical or otherwise,
related to the city's cable television franchise.
B. In order to consolidate functions of various boards to provide a more
efficient legislative process, it is the intent of the City of Santa Ana to
eliminate the Cable Board and pass the functions of this body to the
Parks and Recreation Board.
Section 2. That Division 11 of Article IV of Chapter 2 of the Santa Ana
Municipal Code is hereby repealed in its entirety.
Section 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
11 A-1
Ordinance No. NS-
Page 1 of 2
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2678 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-
Page 2 of 2
11 A-2
(PJC 1/25/05)
ORDINANCE NO. NS-2679
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING ARTICLE XI-
SEIZURE, IMPOUNDMENT AND FORFEITURE OF
VEHICLES, SECTIONS 10-600 THROUGH 10-611
TO THE SANTA ANA MUNICIPAL CODE RELATING
TO SEIZURE, IMPOUNDMENT AND FORFEITURE
OF VEHICLES USED TO SOLICIT OR TO ENGAGE
IN ACTS OF PROSTITUTION OR ILLEGAL DRUG
ACTIVITY
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 residents and business owners of the City of Santa Ana have
complained that a nuisance is created in their community by vehicles
that are being used for the purposes of illegal drug activity and
soliciting or committing acts of prostitution; and
B. Persons who use vehicles to solicit or to engage in acts of prostitution
or illegal drug activity contribute to blight and increased crime in Santa
Ana; and
C. Vehicles facilitate the commission of crimes involved with prostitution.
Vehicles provide cover to those engaged in soliciting prostitution.
Vehicles transport prostitutes and customers onto streets of the City
where the vehicle is used as a place to engage in acts of prostitution.
The seizure, impoundment and forfeiture of vehicles used in this
manner will deter the commission of such crimes and serve to abate
the nuisance(s) caused by these illegal activities; and
D. Vehicles facilitate the commission of crimes involved with illegal drug
activity. Vehicles provide cover to those engaged in buying illegal
drugs. Drug purchasers cruise City streets seeking to purchase drugs
from drug dealers. Drug dealers use vehicles parked on City streets to
hide their drugs and conduct drug sales, exposing members of the
community to the violence that often occurs between drug dealers and
those individuals purchasing drugs. The seizure, impoundment and
forfeiture of vehicles used in this manner will deter the commission of
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such crimes and serve to abate the nuisance(s) caused by these illegal
activities.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), adoption of this ordinance does not meet the definition of a "project"
under CEQA, as such, the proposed project is exempt from further review
per Public Resources Code Section 21065.
Section 3. Article XI, Sections 10-600 through 10-611 are hereby added relating
to the seizure, impoundment and forfeiture of vehicles:
ARTICLE XI
SEIZURE, IMPOUNDMENT AND FORFEITURE OF VEHICLES
Sec. 10-600.
Definitions
For the purposes of this chapter, the following words and phrases shall be
construed to have the meanings herein set forth.
(a) "Abate" and "abatement" mean an action to seize, impound, forfeit or
otherwise remedy a nuisance related activity or condition by such means
and in such manner as is necessary to protect the health, safety or general
welfare of the public.
(b) "Community Property" means an interest in property as defined in
California Family Code section 760.
(c) "Vehicle" means any transportation device as defined in California
Vehicle Code section 670.
(d) "Prostitution" means engaging in lewd or sexual conduct for money
or other consideration as defined in the California Penal Code.
(e) "Business day" means a day that Santa Ana City Hall is open to
conduct public business.
(f) As used herein, "drug activity" means the purchase or possession of
any illegal controlled substance as defined in the California Health &
Safety Code or the California Penal Code.
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Sec. 10-601.
Nuisance vehicles.
(a) Any vehicle used to solicit an act of prostitution or in an attempt to
solicit an act of prostitution, or used to engage in an act of prostitution, or
to loiter for the purpose of soliciting an act of prostitution is hereby
declared a public nuisance and may be enjoined and abated as provided
herein.
(b) Any vehicle used to acquire or in an attempt to acquire a controlled
substance, is declared to be a public nuisance and shall be enjoined and
abated as provided herein.
(c) Any person or his or her servant, agent, or employee who owns,
leases, conducts or maintains any vehicle used for any of the purposes or
acts set forth in this section is responsible for creating a public nuisance.
Sec. 10-602.
Seizure of vehicles.
(a) A peace officer may seize a vehicle subject to forfeiture under the
following circumstances:
(1) Upon the issuance of a forfeiture order by a court having
jurisdiction over the vehicle.
(2) Incident to an arrest for any offense related to the illegal
activities described in section1 0-601 (a) or section 1 0-601 (b).
(3) Incident to a valid search warrant for any offense related to the
illegal activities described in section 10-601(a) or section 10-601(b).
(4) When there is probable cause to believe the vehicle was used
in violation of this chapter.
(b) A peace officer seizing a vehicle under this section shall complete a
receipt in accordance with Penal Code section 1412 and deliver it to the
person from whose possession the vehicle was seized.
Sec. 10-603.
Title to vest in the City of Santa Ana.
Subject to the provisions of this chapter, all rights, title and interest in any
vehicle shall vest in the City of Santa Ana immediately upon commission of
the act giving rise to the public nuisance as described herein. Unless a
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vehicle is released as a result of a post-seizure hearing, a vehicle seized
shall be impounded for 30 days regardless of ownership and subject to
disposition as provided herein.
Sec. 10-604. Seizure, impoundment, notice, and post-seizure
hearing procedure.
(a) Except as provided herein, all vehicles seized shall be impounded
for not less than 30 days. If the Police Chief does not order a vehicle
forfeited it shall be released to the registered owner(s), legal owner(s) or to
an authorized agent subject to the payment of fees and costs arising from
impoundment.
(b) Within two business days following the day of seizure of the vehicle,
the Police Department shall send notice of seizure and impoundment by
certified mail, return receipt requested, to each registered and legal owner
of the vehicle at the address as shown in the records of California
Department of Motor Vehicles or records of the state in which the vehicle is
registered, informing the registered and legal owner(s) that the vehicle has
been seized, impounded and may be subject to forfeiture.
(c) If a vehicle is impounded for 30 days and thereafter is not claimed by
the registered owner(s), the legal owner(s) or an authorized agent, within
30 days of issuance of the notice in 1 0-604(b), the City will sell the vehicle
at lien sale to recover the towing and storage charges related to
impoundment, any parking fines, penalties, and administrative fees.
(d) Notwithstanding any other provisions of this chapter, the registered
owner(s) and or the legal owner(s) shall be responsible for all towing and
storage charges related to impoundment, any parking fines, penalties, and
administrative fees incurred by the registered owner.
(e) The City shall not be liable to the registered owner for the release of
the vehicle to the legal owner, or the legal owner's agent, provided the
legal owner(s) produce documents demonstrating legal ownership of the
vehicle at the time of the release.
(f) The public agency seizing the vehicle shall provide any potential
claimants discovered as a result of the investigation set out in 1 0-604(b)
with the opportunity for a post-seizure hearing to determine the validity of
the seizure or to seek an early release of the vehicle based on one of the
criteria set forth in section 10-608(a)-(c). The post-seizure hearing shall be
conducted within two business days of the request for the hearing. The
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public agency may authorize its own officer or employee to conduct the
hearing if the hearing officer is not the same person who directed the
seizure of the vehicle. Failure of the potential claimant to request or attend
a scheduled hearing within the appropriate time frame shall satisfy the
post-seizure requirement.
Sec. 10-605.
Vehicles held as evidence.
A vehicle seized pursuant to this chapter, where appropriate may be held
as evidence in any proceeding brought by the District Attorney.
Sec. 10-606.
Forfeiture.
Subject to the provisions of this chapter, the Chief of Police may order the
forfeiture of a vehicle seized and impounded as follows:
(a) An Order of Forfeiture shall include:
(1) A statement by the Chief of Police declaring the vehicle forfeited to
the City.
(2) A description of the vehicle.
(3) The date and place of seizure.
(4) The unlawful act(s) alleged as the basis for forfeiture of the vehicle.
(5) Instructions and a form for filing a Claim Opposing Forfeiture.
(6) The time limits for filing a Claim Opposing Forfeiture.
(7) An estimate of the value of the vehicle.
(b) The Order of Forfeiture shall be served as follows:
(1) The Order of Forfeiture shall be served by personal delivery or
certified mail, return receipt requested, upon all registered and legal
owners of the vehicle.
(2) In the event that a registered or legal owner refuses to accept
certified return mail or cannot be personally served, service may be
made by substituted service. Substituted service may be
accomplished by anyone of the following methods:
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(i) By leaving a copy of the Order of Forfeiture at the registered or
legal owner(s) dwelling or usual place of abode, in the presence
of a competent member of the household and thereafter mailing
by first class mail a copy to the registered or legal owner(s) where
the copy was left.
(ii) By leaving a copy of the Order of Forfeiture during usual
business hours at the registered or legal owner(s) business
address with the person who is apparently in charge and
thereafter mailing by first class mail a copy to the registered or
legal owner(s) where the copy was left.
(3) If the registered or legal owner(s) lives or is located out of state
and will not accept certified return receipt mail, then service may be
made by first class mail.
(4) If the registered or legal owner(s) cannot be located, or service
cannot be affected as set forth in this subsection, service may be
made by publication in a local newspaper of general circulation.
Service shall be deemed sufficient when it is accomplished pursuant
to Government Code Section 6063.
(c) An Order of Forfeiture shall be served as soon as practicable, but no
later than 30 days following the date the vehicle was seized. If the Chief of
Police fails to order the forfeiture of the vehicle within the 30 days, the
vehicle shall be released to the registered owner(s), legal owner(s) or an
authorized agent at the end of the 30 day impoundment subject to the
payment of fees and costs arising from impoundment.
(d) If no Claim Opposing Forfeiture is timely filed pursuant to section 10-
607, the Chief of Police shall prepare a written declaration of forfeiture of
the vehicle to the City and dispose of the vehicle as provided by this
chapter. A written declaration of forfeiture signed by the Chief of Police
under this chapter shall be deemed to provide good and sufficient title to
the purchaser of the forfeited vehicle. A copy of the declaration of
forfeiture shall be mailed to the person listed in the receipt given at the
time of seizure and to all registered and legal owners of the vehicle.
(e) If a Claim Opposing Forfeiture is timely filed pursuant to section 10-
607, then the Chief of Police shall request the City Attorney to file a petition
of forfeiture with the Superior Court within 30 days of the receipt of the
c1aim(s). The petition of forfeiture shall seek a court order adjudging that
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the vehicle was used for one or more of the nuisance purposes set forth
herein, that the vehicle is a public nuisance and ordering the vehicle be
forfeited, sold, and the proceeds distributed as set forth herein. A copy of
the petition of forfeiture shall be mailed to each person filing a Claim
Opposing Forfeiture.
Sec. 10-607.
Claim opposing forfeiture.
(a) A person opposing an Order of Forfeiture for a vehicle seized
pursuant to this chapter must file a Claim Opposing Forfeiture.
(b) If the Order of Forfeiture was served by personal or substitute
service, the time for filing a Claim Opposing Forfeiture is ten calendar
days.
(c) If the Order of Forfeiture was served by publication, the time for filing
a Claim Opposing Forfeiture is 30 calendar days from the date of first
publication of the Order of Forfeiture.
(d) If the last day to file a Claim Opposing Forfeiture falls on a day that
Police Department is closed, then the Claim Opposing Forfeiture must be
filed no later than the close of business on the next business day for the
city.
(e) The provisions of California Code of Civil Procedure section 1013
shall apply to this service of the Order of Forfeiture pursuant to this
section.
(f) Each person filing a Claim Opposing Forfeiture must state what
ownership interest they have in the vehicle.
(g) All Claims Opposing Forfeiture must be filed with the Office of the
Chief, Santa Ana Police Department.
(h) With respect to vehicles for which forfeiture is sought and as to
which forfeiture is contested, the City Attorney shall have the burden of
proving by a preponderance of the evidence that the vehicle was used in
violation of this chapter.
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Sec. 10-608.
Vehicles not subject to forfeiture.
(a) A vehicle is not subject to the 30 day impoundment or forfeiture and
the City shall release a vehicle to the registered owner or legal owners or
to an authorized agent under any of the following circumstances:
(1) When the vehicle was a stolen vehicle.
(2) When the vehicle is subject to bailment and was driven by an
employee of the bailee; such as a parking lot attendant or a garage
mechanic.
(b) A vehicle is not subject to forfeiture if a community property interest
existed in such vehicle prior to the act giving rise to the nuisance under this
chapter and the community property interest owner meets all of the
following requirements:
(1) The community property interest owner requests release of the
vehicle from the Chief of Police prior to disposal of the vehicle by
forfeiture.
(2) The community property interest owner submits proof to the Chief of
Police that a community property interest existed prior to the date of
the act giving rise to the nuisance.
(3) The community property interest owner submits proof to the Chief of
Police that the vehicle is the only vehicle available to them and that
the vehicle is one that may be operated with a class C driver's
license.
(4) The community property interest holder submits proof to the Chief of
Police that he or she, or an authorized driver other than a defendant
in any criminal trial arising out of the act giving rise to the nuisance,
is properly licensed and that the seized vehicle is properly registered
and insured pursuant to the California Vehicle Code.
(5) The community property interest holder is not a criminal suspect in a
police investigation of the act giving rise to the nuisance under this
chapter.
(6) All towing and storage charges related to the seizure and
impoundment and any administrative charges authorized by law are
paid.
(7) The community property interest owner signs a stipulated vehicle
release agreement, in consideration for which the vehicle will not be
forfeited. This requirement applies only if the community property
owner requests release of the vehicle under this section.
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(c) A vehicle is not subject to forfeiture if the registered owner(s) or legal
owner(s) of the vehicle is a rental car company and at the time of the
seizure of the vehicle it was rented for a period of 30 days or less. The
rental car company shall pay all towing and storage charges related to the
seizure and impoundment and any administrative charges authorized by
law.
(d) Prior to release of a vehicle to a person identified in subsections (a)-
(c) of this section, a hold harmless agreement shall be executed by such
person.
Sec. 10-609.
Recovery of monetary loss.
Nothing herein shall preclude an owner of a vehicle who suffers a
monetary loss from the forfeiture of a vehicle under this section from
recovering the amount of the actual monetary loss from the person who
committed the act giving rise to forfeiture under this chapter.
Sec. 10-610.
Disposal of vehicle and distribution of proceeds.
(a) In all cases where vehicles seized pursuant to this chapter are
forfeited to the City, the vehicles shall be sold, or otherwise disposed of,
the proceeds shall be distributed and appropriated as follows:
(1) To any lender, finance company or lien holder with an interest in the
vehicle, if any, up to the amount of security interest in the vehicle.
(2) Each department of the city that incurred costs related to the
seizure, impoundment, forfeiture and disposal of the vehicle shall be
reimbursed.
(3) All remaining proceeds shall be distributed to the general fund.
(4) The funds distributed to a City Department pursuant to this section
shall not supplant any funds that would, in the absence of this
section, be made available to support those departments.
Sec. 10-611.
Alternative settlement procedures.
Any person, or his or her servant, agent or employee who owns, leases,
conducts, uses or maintains any vehicle which has been seized in
accordance with this chapter may request to execute a voluntary
settlement agreement with the City for the return of the vehicle. Such
request may be made in writing or verbally to the City Attorney's office.
The minimum amount of the settlement fee shall be sufficient to cover all of
the City's reasonable administrative costs, including attorney's fees and
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personnel time for the seizure and forfeiture action. The actual amount
shall be at the sole and absolute discretion of the City Attorney. The
executed settlement agreement shall be accompanied by the appropriate
settlement fee amount in the form of a money order or cashier's check. All
settlements funded shall be distributed as set forth in Section 10-610 (a)(2)
and (a)(3).
Section 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 5. The city clerk shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by
law.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Paula J. Coleman
Assistant City Attorney
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-2679 to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11
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ORDINANCE NO. NS-2676
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT
DISTRICT (SD-59)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Applicant is requesting approval of various entitlements in order to construct
the City Place project, which is a mixed use development with approximately
57,700 square feet of commercial space (being a mix of sit-down
restaurants, retail and market); and 187 residential units divided as follows;
approximately 73 for-sale live-work lofts; approximately 112 for-sale
town homes and 2 single family detached homes, all for the approximately
17.7 acres located at the northeast corner of Main Street and Memory Lane,
2775 North Main Street.
B. On October 25, 2004, the Planning Commission held a duly noticed public
hearing, and voted to continue the matter to December 13, 2004.
C. On December 13, 2004 the Planning Commission voted by a vote of 6:1
(Sinclair opposed) to recommend that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report (EIR)
No. 2004-01.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2004-06.
3. Adopt an ordinance approving Development Agreement No. 2004-04.
4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as
cond itioned.
5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-
06 (County Map No. 16565) as conditioned.
6. Adopt a resolution approving Site Plan Review No. 2004-05.
D. The City Council of the City of Santa Ana held a duly noticed public hearing
on the abovesaid actions for City Place Development on February 7, 2005,
and at that time considered all testimony, written and oral. After closing the
public hearing, the Council adopted a motion continuing the matter to its
February 22, 2005 regular meeting and directing staff to return the Project
for approval with the following adjustments:
Ordinance No. NS-2676
Page 1 of 3
11 C-1
1. Amend Part II of the Specific Development to permit:
a. 185 dwelling units (townhomes and live-work units) as
shown on lots 2, 3 and 5 of Vesting Tentative Tract Map
No. 16565.
b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract
Map No. 16565.
2. Amend Section 5 of the Development Agreement to limit development
in Phase II to be consistent with the Specific Development, as
amended, but retain the concept that the City and Developer shall
meet in good faith to consider construction of a residential, for-sale,
high-rise tower as part of this Project
3. Amend the Vesting Tentative Tract Map to comply with the revised
Specific Development and Development Agreement.
4. Amend the Site Plan and Site Plan Review to comply with the revised
Specific Development and Development Agreement.
5. Amend the Final EIR, including the Project Description, consistent with
the revised Specific Development and Development Agreement.
6. Delete Section 5.1.2 of the Development Agreement related to
development of Commercial component tied to Development of hold
back units.
E. Amendment Application No. 2004-06 has been filed with the City of Santa
Ana to amend Specific Development Plan No. 59 (SD-59).
Section 2. Specific Development Plan No. 59 (SD-59) is hereby amended as set
forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein.
(ZOA 2004-06).
Section 3. This ordinance shall not be effective unless and until Resolution
No. 2005-016 and Resolution No. 2005-017 become effective. If said resolutions are for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall
be null and void and have no further force and effect.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. NS-2676
Page 2 of 3
11 C-2
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2676 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-2676
Page 3 of 3
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THE
MAIN
STREET
CONCOURSE
Specific
Development
Plan No. 59
City of Santa Ana
ffCt5
TABLE OF CONTENTS
PAGE
J\JPPLICABILIT){ OF OFlI)~ANCE ............................................................1
PURPOSE .......................................................................................... ..1
PART I. GOALS, OBJECTIVES AND POLICIES ...........................................2
P ART II. PERMITTED LAND USES ..........................................................4
1.
2.
3.
PART III.
Permitted Uses ................................................................. ....4
Conditional Use Permit ......................................................... ..5
Use Not Permitted.................... ............................................ ..6
DEVELOPMENT STANDARD ............................................. ...7
A. Floor Area Ratio/Density ..................................................................7
1. Floor Area Ratio. . ... . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . ... . .... . ... 7
2. Parcel Size............... ...... ............. .................... ...... ... ........... ..7
3. Screening................................................................. ..... ..... ...7
4. Parking........ ...... ......... .................................. ........... ...... ..... ..7
5. Open Space. . .. . .. . .. . .. . .. . . . . .. .. .. .. . ... . . . . . . . . . . .. . .. . .. . .. . .. . . . . . . . .. . .... . ....8
6. Signage.................................................................... ........ ....9
7. Plaza and Fountain Design.................................................. .......9
8. Public Art........................................................................ ...1 0
B. CC&R's ................................................................................... .11
C. Building Height .......................................................................... .11
D. Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .12
E. Site Coverage and Open Space ....................................................... ..12
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F. Parking .................................................................................... .13
G. Loading Areas ........ ......... ............... .............. ......... .......... ............15
H. Storage Areas/Mechanical Equipment ............................................... ..16
I. Refuse Collection Area ................................................................. .16
J. Telephone, Electrical, Water, Gas Cable TV,
Storm Drains and Sewer Service ...................................................... .16
K. Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
PART IV.
DESIGN STANDARDS ..................................................... ..18
A. Interior Street ............................................................................. .18
B. Building Mass, Form and Architectural Style...................................... ..19
C. Materials................ .................................. .............................. ...20
D. Color.......................................................... ............................ .21
E. Public Art ................................................................................ ..21
F. Detail ....................................................................................... 21
PART V.
A.
B.
PART VI.
A.
B.
C.
D.
E.
LANDSCAPE MATERIALS AND DESIGN ............................ ...23
Temporary Landscape Adjacent To Undeveloped Parcels ............... ..23
General Notes ................................................................. ....24
SIGNAGE ....................................................................... .26
Intent ............................................................................. .26
Sign Message Categories ................................................. .... ..26
Physical Sign Types ......................... .................................. ..27
General Criteria ................................................................. .27
Criteria For Individual Sign Types .......................................... ..27
III
11 C-7
1. Freestanding Signs .................................................. ....27
2. Wall/Canopy Signs .................................................. ...28
3. Projecting Signs ..................................................... ....28
4. Marquee Signs ..........................................................28
5. Signs Under Canopies And Marquees ............................. ..28
6. Temporary Identification Signs .................................... ...28
7. Submission of City Place Plan Signing
Design Program ..................................................... ....28
PART VII. LIGHTING.................................................................... ...30
A. Street Lighting/Exterior To The Project
(Public Right-of-Way) ........................................................ ..30
B. On-Site Parking Lot, Pedestrian Lighting, Concourse
Drive ............................................................................. .30
C. On-Site Building Lighting .................................................. ....31
D. Required Minimum Maintained Illuminance Levels .................... ....31
PART VIII. OPERATIONAL STANDARDS .............................................32
ATTACHED EXHIBITS
Exhibit A - Overall Site Plan
Exhibit B - Landscape Plan
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11 C-8
APPLICABILITY OF ORDINANCE
The specific development zoning district, as authorized by Chapter 41, Division
26, of the Santa Ana Municipal Code, is specifically subject to the regulations
contained in this ordinance for the express purpose of establishing use district
regulations. All other applicable chapters, articles and sections of the Santa Ana
Municipal Code shall apply unless expressly waived or superseded by this
ordinance. Use district regulations established in Chapter 41, Article III, of the
Santa Ana Municipal Code for zoning districts other than the SD zoning district
may be incorporated herein by reference.
PURPOSE
The Specific Development No. 59 (SD-59) use district regulations are hereby
established for the express purpose of protecting the health, safety and general
welfare ofthe City by encouraging the use of innovative planning concepts and
principles and promoting and enhancing the value of properties and encourage
orderly development.
The SD-59 regulations will establish a professional district that will entitle 57,700
square feet of commercial space at the northeast comer of Main Street and
Memory Lane with 187 for sale residential units further to Lawson Way. This
area will be a mixed use district with eating establishments, support services and a
residential component consisting of live-work and townhouse units.
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11 C-9
PART I.
GOALS, OBJECTIVES AND POLICIES
City Place Specific Development District is located within the northern area of the
City. The City Place Specific Development District encompasses a large vacant
property bounded by Main Street to the west, Memory Lane to the south, Lawson
Way to the east and the City boundaries to the north. A regional mall,
professional offices, a senior care facility and Santiago Park surround the project
site.
The City Place Specific Development District maintains a commercial corridor
along Main Street while introducing a residential character along the eastern
portion of the district, with a mixture oflive-work and townhome buildings. The
City Place mixed-use project is intended to be an addition to the commercial
corridor and an infusion of housing to the district along the north Main Street
section of the City. In addition, the mixed use plan for this site will result in the
project becoming a node, or place of activity. The objectives of the City Place
Specific Development Plan includes the provision of the following:
1. A long-term development that is of the highest architectural quality
and design;
2. A landscaping plan that is complementary to a large scale mixed
use development;
3. An exciting and visually cohesive development as viewed both
internally and externally;
4. A bold but integrated sign program suitable for a mixed use project
of this scale and scope;
5. A development that is consistent with the District Center
designation ofthe General Plan and which implements the spirit
and intent and policies of the General Plan;
6. Concentrated and internally integrated development rather than
development that spreads activities into adjacent residential
neighborhoods;
7. A development that provides special design themes which are
expressed in building appearance and configuration, street and
pedestrian area design, landscaping, lighting and signage, and also
provides for pedestrian linkages internally and to the surrounding
neighborhood, traffic and service buffering and transitions in
architectural scale and character;
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11 C-1 0
8. Provision of off-street parking sufficient to service the
development, consistent with the mix of uses contained in the
project;
9. Provision or replacement of public streets, sidewalks, sewers,
storm drains, traffic signals, lighting systems, and other public
facilities and improvements, as necessary; and
10. Opportunities for cultural amenities and facilities serving the visual
and performing arts which are open for public patronage.
11. A landmark mixed-use project along north Main Street across from
Main Place Mall.
12. Maintain the existing streetscape pattern including sidewalk
design, mature trees and light fixtures.
13. Introduce a mixture of multi-family housing types to the district.
14. Provide a mixed-use project in scale and character with established
commercial and residential structures along the north end of the
district.
15. Enhance the pedestrian experience through the development of
new plaza areas and water features throughout the project as well
as the intersection of Main Street and Memory Lane.
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11 C-11
PART II.
PERMITTED LAND USES
The categories ofland uses to be included within the project area are: banks and
similar financial institutions, retail and restaurants. In addition multi-family
residential uses (excluding live-work units) are permitted. If a use is for any
reason omitted from those specified as permissible or if ambiguity arises
concerning the approximate classification of a particular use within the meaning
and intent of this Plan, the determination shall be at the discretion of the Planning
Manager. Such decision may be appealed to the Planning Commission whose
decision is final.
1. Permitted Uses.
a. Within Buildings A, B, C and D (as identified on site plan), the
following uses are permitted:
b. Retail sales uses including but not limited to clothing stores or
boutiques; florists; news-stands; pet stores; photography studios;
video stores; office and computer equipment book and stationery
store; camera shop; shoe store sporting goods store; art gallery;
craft store; cultural displays and related merchandising; bicycle
store; pharmacies and drug stores; fabric shops; jewelry shops;
furriers, design and furniture centers; cookware and gourmet
specialty shop; office furniture store.
c. Full service cafes and restaurants which may include incidental
take out service. Full service cafes and restaurants shall be limited
to those that provide sit-down dining areas and exclusive table
service for ordering and delivering meals and beverages.
d. Day care facilities
e. Museums and libraries
f. Theaters
g. Within Building E, as identified on site plan:
1. Retail use with a minimum of 25,000 square feet.
h. Within the Courtyards and The Park, as identified on site plan:
1. Multiple family residences as condominiums.
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11 C-12
11. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
1. Within The Lofts, as identified on site plan:
1. Permitted uses as identified in Section A. 1-5, 8, 9 and 11.
11. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
J. Within Lot 1, as identified on Vesting Tract Map No. 2004-06
(County No. 16565):
1. Single family residences at a maximum density of one unit
per acre.
k. Ancillary uses to commercial area:
1. A maximum of five permanent outdoor sales kiosks or
carts. The size and location of each Kiosk or cart shall be
approved on a masterp1an of such uses by the Planning
Commission prior to their construction or installation.
2. Conditionally Permitted Uses
The following uses are permitted upon the approval of a conditional use
permit in accordance with the Santa Ana Municipal code:
a. Within Buildings A, B, C and D (as identified on site plan):
1. Uses open between midnight to 5:00 a.m.
11. Banquet facilities, subject to development and operational
standards set forth in 41-199.1.
111. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally
permitted use, except adult entertainment businesses.
IV. Establishments selling or serving alcoholic beverages.
v. Coffee houses houses or similar uses not specifically listed
in Part II, Section 1.d. of this ordinance.
VI. Parking structures
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11 C-13
b. Within The Lofts, as identified on site plan:
1. Live-work communities
11. Ceramic and pottery studios
111. Glass blowing and sculpturing studios
IV. Coffee houses
v. Temporary residential model complex and office
c. Within The Courtyards and The Park, as identified on site plan:
1. Temporary residential model complex and office
d. Within Building E, as identified on site plan:
1. Retail grocery markets which are open at any time between
the hours of midnight and 5:00 a.m.
e. Within the commercial component area:
1. Certified Farmers Market for the sale of vegetables, fruits
and other agricultural products on weekends and holidays
only from 6 a.m. to 2 p.m.
11. Community oriented live performance theater.
3. Uses Not Permitted
a. Schools, private or public.
b. Medical office or clinics.
c. Commercial uses with vehicular dive-through lanes or windows
(i.e. drive-through restaurants, pharmacy or similar uses) are
prohibited.
d. Fast food or exclusively take-out restaurants.
e. All other uses not expressly permitted or conditionally permitted in
this ordinance
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PART III.
DEVELOPMENT STANDARDS
The City Place Specific Development District is intended to allow the development
of a mixed-use project maintaining a commercial presence along Main Street, while
introducing a mixture of multiple family housing to the eastern portion of the
development site. The following general development standards are applicable to
this project:
A. Floor Area Ratio/Density.
The following sets forth the maximum allowable floor areas for the
various permitted use classifications of the project. The overall Floor
Area Ratio ("FAR") ofthe Main Street Concourse project of
approximately 2.54. This FAR represents the maximum intensity of
development for the site.
1. Floor Area Ratio (F.A.R.)
The maximum floor area ratio for the project site shall be 2.54. The
FAR is calculated by dividing the total square footage of the
structures by the total square footage of the project site. Consistent
with the General Plan, parking structures are not included in the FAR
calculation.
2. Parcel Size
The City Place development project site is 17.7 acres. Subdivision of
the parcel shall be consistent with Vesting Tract Map No. 2004-06
(County No. 16565). In no case shall commercial buildable parcels be
less than 6 acres in size and residential buildable parcels be less than 2
acres ill SIze.
3. Screening
All appurtenances shall be located outside any required setback
and shall be screened from view.
4. Parking
A. As a mixed-use development, the Specific Development
standards recognize the opportunity to share parking
amongst the mixture of commercial uses. In addition the
SD 59 acknowledges that the mix and proximity of
residential units and commercial space allows for the
opportunity for a variety of transportation modes, primarily
walking as an alternative. As such, the following parking is
required:
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11 C-15
a. Parking has been calculated utilizing the Urban
Land Institute methodology for shared parking. As
such, the following square footage can be utilized
within the commercial area of the City Place
development project:
1. For the first 23,300 square feet of restaurant,
33,800 square feet of retail, the parking
requirement shall be 410 parking spaces.
11. Any additional development above item
4A.a. i. shall be parked pursuant to the
City's parking standards then in effect.
b. Parking Setbacks
1. Internal Loop Road:
The minimum required setback for the
parking area is 15 feet as measured from edge
of sidewalk.
c. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
d. Landscaping:
1. Landscaping throughout the project shall be
in compliance with the landscape plan
attached.
11. The landscape plan shall be fully
implemented prior to the issuance of any
certificate of occupancy.
5. Open Space
A minimum ground level open space shall be provided at a
minimum rate of 60 square feet per unit. This ground level open
space shall be centrally located on the site to provide access to all
units.
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11 C-16
Private open space shall be provided at a minimum rate of 50
square feet per unit.
6. Signage
a. All signage shall comply with the Santa Ana Municipal
Code.
b. Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a
comprehensive sign program for the entire site, including
directional signs and graphics, shall be submitted to and be
approved by the Planning Division.
7. Plaza and Fountain Design
a. The overall plaza design theme shall incorporate a
minimum of 6 major pedestrian-level water features within
the commercial component and 7 pedestrian level water
features elements within the residential component.
b. The plaza landscape palette must include a minimum of
four (4) tree species, to be approved by the Landscape
Development Associate prior to the issuance of any
building permit. The minimum established size for palm
trees shall be 30 feet brown trunk height. Non-palm tree
species shall be a minimum of20 feet in height and 60-inch
box.
c. Exterior kiosks, carts or other temporary outdoor uses are
not allowed unless specifically submitted to and approved
by the Planning Commission as noted within Item 5.a. of
this document.
d. Plazas shall incorporate seating, benches and landscaping
to provide visual interest and additional amenities within
the plaza.
e. Pedestrian amenities shall be provided such as lighting,
planters, unit pavers, and bicycle racks.
f. The color and appearance of the plaza furniture products
and other elements must complement the overall plaza
design and building architecture.
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11 C-17
g. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
minimize effects from vandalism, skateboarding and
weather.
h. Trash receptacles should be located in high-activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other project furnishings.
1. Bike racks shall be provided at key activity locations within
the plaza.
J. All street furniture surfaces, pedestrian-level walls and
amenities shall incorporate graffiti resistant coatings.
k. Soft as well as hard surfaced areas shall be incorporated
into the Plaza area. Plaza area paving shall consist of
quality decorative elements.
1. Lighting height in the plaza area should be at a pedestrian
scale. A range between 16 feet and 22 feet in the plaza area
should be fully illuminated from dusk until dawn. The
overall lighting shall be maintained at one-foot candle and
incorporate other pedestrian-oriented lights, such as lighted
bollards. Uplighting of trees and other site features is also
required.
m. The required plaza area shall include adequate provisions
for the on-going maintenance of all plaza and pedestrian
improvements.
n. Plans shall include design details, materials and provisions
for the on-going maintenance for all interior public areas
within the plaza area.
8. Public Art
a. Public art valued at one half of one percent of the overall
project construction valuation is required. The cost of any
water feature or portion thereof shall not be included for
purposes of complying with the public art requirement.
Public art may be comprised of multiple art pieces,
however, at least one such art piece shall be placed at the
northeast comer of the project site adjacent to Main Street
and Memory Lane. The public art should invite
participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history,
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11 C-18
and/or capture or reinforce the unique character of the new
place. A comprehensive Public Art Plan indicating
compliance with this requirement, and which proposes
specific pieces of art for specific locations or applications,
shall be submitted to the Planning Commission for review
and approval prior to issuance of any certificate of
occupancy. All public art approved by the Planning
Commission in the Public Art Plan shall be completely
installed prior to the issuance of any certificates of
occupancy for the project.
b. Art should be sited to complement features such as plaza or
architectural components so that the art is an integral part
of the development site.
c. Public art should be constructed using durable materials
and finishes including but not limited to stone or metal.
d. No art piece provided pursuant to the public art
requirement shall include advertising of any type, including
but not limited to products, services or businesses.
e. All public art provided pursuant to the public art
requirement shall be properly maintained at all times, be
free of any graffiti and shall not incorporate any flashing or
distracting form of illumination.
f. All art pieces approved and installed pursuant to the Public
Art Plan shall remain on the project site and may not be
removed without the approval of the Planning Commission.
B. CC&Rs.
Reciprocal easements and Conditions, Covenants, and Restrictions
(CC&RS) tying the overall project together as an integrated development
and providing for joint access, ingress, egress, drainage, property
maintenance standards, trash pick-up operations, circulation and parking
management shall be recorded with the first final map prior to for the first
phase of development. The residential and non-residential portions may
be described in separate sections but they must be tied together by a single
master document. The Master CC&R's shall address trash and reciprocal
use rights in the residential and commercial components.
C. Building Height.
1. On any lot or portion of a lot in of the Specific Development Plan
area no building or structure shall exceed 50 feet in height, as
measured from the lowest adjacent finished grade.
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D. Setbacks.
1. Setbacks at ground level are established to enhance pedestrian
space throughout the district, create compatible relationships
between existing and future building street elevations and
recognize opportunities to create new open space resources, such as
plazas, pedestrian ways and landscaped areas.
Except as otherwise indicated, all setbacks shall be measured from
the street side property line to the first building element or
structure. No building, structure, or parking facility shall encroach
into any required perimeter setback either at or below grade. For
the purpose of this Plan, a street side property line is that line
created by the ultimate right-of-way line of the adjoining public
street. Minimum setbacks are as follows:
a. Main Street (perimeter): The average building setback
shall be 19.5 feet. The minimum setback shall be 8 feet.
This setback area may include hardscape as shown on the
approved site plan.
b. Lawson Way (perimeter): The average building setback
shall be 18 feet. The minimum setback shall be 7 feet.
c. Memory Lane (perimeter): The average building setback
shall be 11 feet 8 inches. The minimum setback shall be 3
feet 4 inches. Hardscape, landscape and water features
shall be provided in the required setback as shown on the
approved site plan.
d. Concourse Drive (interior street set backs): The minimum
setback shall be 15 feet measured from street curb.
2. Required on-site perimeter landscaped setbacks shall not exceed an
aggregate 33% slope.
3. Within the interior of the project, retail canopies may project five
(5) feet into setback area.
E. Site Coverage And Open Space.
1. For purposes of this Section G, open space shall not include private
streets or driveways, roadways or parking stalls. Open space does
include landscaping, walkways, and covered arcades.
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11 C-20
2. Residential open space may be private common area or private
yard but shall in no event include any space provided in required
setback areas. The CC&Rs shall require that all residents be
allowed access to all residential common areas in the project,
subject to reasonable restrictions as may be imposed for security
and safety by property management. No required setback area
shall be calculated as required open space.
3. Individual parcels or lots will not be limited in site coverage. Each
parcel shall have a minimum 120 feet of street frontage.
4. Single family attached residential shall provide a minimum of 50
square feet of ground level private yard open space per unit, which
open space shall be adjacent to the living, dining or kitchen area of
each unit. Perimeter fence shall be provided and shall not exceed
five feet in height on the exterior and 42 inches on the interior.
5. Condominium units shall contain a balcony with dimensions not
less than six feet in any direction of private open space area.
6. Pathways from the common area through the private yard open
space shall not be included in the calculation of private open space
area.
F. Parking.
1. Vehicular site access points will be provided from Lawson Way,
Main Street and from Memory Lane, as defined on the site plan.
2. There shall be no sharing of residential parking.
3. Parking gate locations and stacking distances shall comply with
applicable Department of Public Works policies.
4. No partitions, walls or other obstructions shall be built or placed
with the garage~ preventing the spaces from being used by
residents for the parking of vehicles.
5. Recreational vehicle, boats, trailers or similar storage is prohibited
on-site.
6. The townhouses shall be designed with vertical roll-up garage
doors.
7. All paved areas shall be sloped to drain. Finished slope of areas
paved with asphalt concrete (AC) shall be not less than one
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11 C-21
percent. Finished slope of areas paved with portland concrete
cement (PCC) shall not be less than one-half of one percent.
Portland Cement concrete gutters shall be installed to receive
drainage from asphalt concrete paved areas; such gutters shall be
not less than three feet in width.
8. Residential parking is calculated separate from commercial
designated parking and no provision is made for shared parking
consideration.
9. All parking areas shall be surfaced with material so as to provide a
permanent surface capable of withstanding the type of vehicular
traffic to which such an area is likely to be subjected as follows:
a. Covered Parking Areas - Passenger vehicle parking areas
within or under building shall be paved with Portland
Cement Concrete with a minimum compressive strength of
2,000 p.s.i.
b. Open Parking Areas - Parking areas other than those within
a building may be paved with asphalt concrete. Asphalt
concrete pavement shall be a minimum thickness of three
and one-half for passenger vehicle parking areas.
Thickness of asphalt concrete may be reduced to a
minimum thickness of two inches for passenger vehicle
only traffic, provided an approved aggregate base course is
constructed under the asphalt pavement. The minimum
thickness of such base course shall be four inches.
c. Surfacing, Parking or Drive Aisles - All off-street parking,
vehicle maneuvering areas, turn-around areas, driveways,
and private streets, shall be surfaced, and thereafter
maintained with Portland Cement Concrete poured to a
minimum thickness of 5]1z inches.
10. Paved areas shall be designed to carry surface water to the nearest
practical street, storm drain, or natural watercourse. Concentrated
flows of water from parking areas shall not flow by gravity over
any public property or pedestrian walkway, but shall be collected
in an appropriate manner within the property confines and
conducted under the sidewalk.
11. All parking areas shall be maintained in a safe and sanitary
condition free of dust, mud, or trash, and shall be kept in good
repair. Any alteration, enlargement, maintenance or repairs shall
be pursuant to the aforementioned standards.
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11 C-22
12. All parking spaces shall be double striped in a manner clearly
showing the layout of the intended parking stall. Such striping
shall be maintained in a clear, visible and orderly manner.
G. Loading Areas.
1. Entrances and exits to loading facilities should be limited in
number and shall not interfere with the flow of traffic along the
perimeter streets.
2. Loading areas should be located so as to minimize potential for
intrusion into residential portions of the project and adjacent
neighborhoods while allowing for efficient utilization by
commercial users.
3. Loading areas shall be located and designed to minimize direct
exposure to public view. These areas shall be screened with
landscaping and walls to reduce visual impacts.
4. Loading areas shall be visibly separated from public entrances and
parking areas.
5. Loading stalls shall be designed to not interfere with circulation or
parking, and to permit trucks to fully maneuver on the property
without backing up from or onto a public street.
6. Loading areas shall be graded to drain surface water to an alley,
street or public storm drain. Surface water shall be conducted
under any intervening public sidewalk by a drain approved by the
Public Works Department and in accordance with a valid NSDES
Permit. Under no circumstances shall surface water be allowed to
collect in pedestrian areas.
7. The surface area used for any loading activity shall be paved with
not less than 4 inches of asphaltic concrete on 8 inches of crushed
rock base, or with 5 12 inches of Portland concrete cement. Soil
conditions or the nature of the trucking activity may necessitate
greater requirements as determined by the Division of Building
and Safety and a soils report prepared by a licensed soils engineer.
8. Each loading space aligned with and directly adjacent to a parking
space shall be clearly designated, "LOADING ONLY."
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11 C-23
9. At a minimum, separate loading areas shall be designated on the
approved site plan or any modification thereto, for each adjacent
retail shops/restaurants.
10. A loading areas for the project shall be able to accommodate a 55
foot semi-trailer for the Building E.
H. Storage Areas/Mechanica1 Equipment.
1. All mechanical equipment shall be screened below parapets and
situated to minimize visual impacts.
2. No outdoor storage shall be permitted.
3. There shall be no exposed television, ham radio, dish or other
antenna.
1. Refuse Collection Area.
1. A refuse collection area shall be located at each loading dock per
approved site plan.
2. All outdoor refuse collection areas shall be visually screened from
access streets and adjacent property by a complete opaque screen
or by rolldown screened doors, or by landscaping and fencing.
3. No refuse collection areas shall be permitted between a frontage
street and the building line, unless adequate screening is provided.
4. The commercial and residential uses shall provide a trash pick-up
operation agreement to be included in the CC&R's for the project.
5. Each trash enclosure shall have a minimum of six inch concrete
slab in front of the enclosure that is at least the same dimension as
the trash enclosure.
6. Townhouse unit trash vestibules shall be designed with a hose bib
for washing out the area.
7. All trash enclosures throughout the project shall be designed with
metal doors.
J. Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer
Service.
1. All "on-site" utilities shall be placed underground.
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11 C-24
2. Transformers or terminal equipment shall be visually screened
from view from streets and adjacent properties and may be located
in concrete vaults below grade.
3. There shall be no exposed downspouts, scupper drains, electrical
or mechanical limes on the building. All mechanical equipment
shall be screened from view in an architecturally integrated
manner.
4. All residential units shall be separately metered for electrical, gas
and water service.
5. Sanitary sewer, storm drainage and water service shall be designed
as a private system on-site. There shall be private water meters as
outlined in Section 34-313.5 of the Santa Ana Municipal Code.
6. The utility lines in the townhouse drive aisle shall be laid out so as
to not prevent the planting of trees and other landscape material in
the drive aisle area.
K. Maintenance.
The entire project shall be maintained to exceed community standards for
attractive and sanitary conditions. The CC&Rs for the project shall set
forth the maintenance procedures applicable to the project. A
maintenance agreement approved by the Executive Director of Public
Works Agency shall be executed with the City for the maintenance of
special pavement treatment, planting, street lights, etc. in the public right-
of-way and in required easement areas. This agreement shall be executed
with the City prior to recordation of any subdivision map and included or
referenced in the CC&Rs for the project.
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PART IV.
DESIGN STANDARDS
A. Interior Streets
1. Concourse Drive.
The tone and pedestrian experience of the project will be largely
determined by "Concourse Drive," a wide interior street which will
curve through the project. The Concourse is intended to lend a
unifying component to the proj ect as well as link different uses
together.
a. Concourse Drive will consist of a 34' road bed with
minimum 14 feet walkways on either side covered arcades
may count up to nine rectalinear feet of the walkway.
b. Concourse Drive will not be a public street, but will be
open to the public subject to parking management rules and
regulations as approved by the City and contained in the
CC&Rs for the project.
c. All pedestrian walkways will be separated from the
vehicular areas by curbs and gutters.
d. Handicapped access ramps will be provided per the Code.
e. Concourse Drive will be designed to accommodate fire
trucks, semi-trucks, and other service vehicles.
f. Concourse Drive, including all roadways, walkways,
landscaping, furniture and fixtures will incorporate high
quality materials and enriched paving. The overall effect
should include dramatic lighting oflandscaping, signs and
buildings.
g. Street furniture and pedestrian shelters are elements that
would contribute well to the unified street edge. One style
will be used throughout Concourse Drive in order to create
a unique sense of place. Seats, benches, trash receptacles,
bicycle racks, telephones, light fixtures, potted plants,
signage and banners consistent with the architectural
themes and concepts and other miscellaneous street
furniture shall be included in a coordinated manner
throughout the Concourse area.
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11 C-26
h. Tree wells shall be a minimum of three feet by three feet
with protective tree grates and collars.
2. Residential Internal Streets.
a. The internal circulation road within the residential
component ofthe project will have a minimum 22' wide
paved roadbed and a minimum 3 ft. of landscaping on
either side. The road is intended to serve as an internal
road open to residents and their guests, Property
management, garbage carts, etc., but it will not be a
publicly dedicated street. No heavy trucks will be allowed
on the internal road.
b. The internal circulation road will incorporate high quality
masonry paved materials throughout the residential units.
3. Vehicular Loading Access Roads.
a. Service roads will incorporate asphaltic concrete paving
with curbs and gutters.
b. All service roads will be accessible by semi-trucks (wheel
base 50) and service vehicles.
c. Colored paving materials and concrete may be used as
accent materials at entry locations (not including public
right-of-way or required easement areas) on the property to
visually define entryways.
B. Building Mass, Form And Architectural Style.
One critical component of the Main Street Concourse design is the
consideration of architectural style, mass and form. Architectural style
shall impart a distinct building image. Mass shall relate to the desired
scale and form shall be used to lend interest to the overall effect of the
mixed use development.
1. Building masses shall be simple in form and composed of strong
geometric shapes including rectilinear forms with facade
variations, round, columnar, stepped (terraced) or pyramidal
shapes. Building mass forms may be composed of ornate
historical building styles or a combination thereof.
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11 C-27
2. General building form shall be indicative of the functions that take
place within. Pedestrian spaces and entrances should be apparent
and ceremonial.
3. Internal building structure shall be delineated with clear definition
of floors and vertical supports.
4. Large flat unarticu1ated building faces shall be avoided.
5. Window fenestration must be carefully orchestrated to complement
the basic masses, provide scale and modulation of building
surfaces and to allow perferation of solid shapes.
6. The mass form and orientation of commercial buildings must be
sensitive to adjacent residential areas and pedestrian linkages.
7. Building forms may be exaggerated to express a particular style.
8. Special architectural enhancement shall be included at the
pedestrian level of all commercial and retail buildings by utilizing
added facade articulation and detail variation.
C. Materials.
The use of quality materials and detailing on highly visible surfaces will
add elegance and maximize the statement of the style of the development.
The City Place development will embrace innovative uses of
contemporary architectural materials.
1. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone,
and colored wood or high quality metallic trims are acceptable
finish materials.
2. Textured and smooth concrete, decorative or textured concrete
blocks, or steel and high quality metallic panels are appropriate
building materials.
3. Non-reflective glass shall be used at pedestrian level for viewing
and window shopping purposes. Reflective glass at upper levels is
acceptable, but shall be compatible with the design style of the rest
of the City Place project.
4. The use of cloth awnings, fixed canopies, metal hand rails and
other elements which cover and protect windows and pedestrian
areas are encouraged. Signage on such elements must be
consistent with the sign requirements contained in this Plan.
20
11 C-28
5. Monolithic glass surfaces may be used with other accent materials
in a visually harmonious manner in special applications as accent
but should not be used as the dominant architectural theme.
Structures utilizing glass curtain walls as the predominant design
element are not permitted.
6. Glass storefronts shall be provided facing all streets, Concourse
Drive, and the pedestrian oriented public plazas.
7. All building and site finish materials, colors and designs shall be
reviewed and approved by the Planning Division prior to submittal
to Building Division Plan Check.
8. Security gates for storefronts, if provided, shall be designed inside
of the buildings.
D. Color.
1. Choices of color should promote a lively, festive and warm
atmosphere. Dull colors should be avoided or used in limited
amounts. In general warm contrasting colors should prevail with
bright colors and pastels used for accent and detailing. A sense of
pageantry shall be promoted through the use of color on signs,
lighting, flags and banners and other devices.
E. Public Art.
Various forms of public art may be integrated into public spaces (not
including public right-of-way) throughout the project.
F. Detail.
1. Reveals, recesses and other architecturally sculptural elements
shall be used to accent key features of the architectural design.
2. Upgraded light fixtures, door and window details and other feature
items are encouraged.
3. Banners, flags and other colorful devices may be used to
accentuate linear relationship at outdoor areas but only when
approved in conjunction with the signage program as set forth
herein.
21
11 C-29
4. All buildings shall incorporate architectural detail, multiple
materials, generous landscaping, lighting effects and strong
architectural design themes to soften building mass.
5. All architectural elements including building components shall be
part of an integrated design. The entire project shall have a
cohesive statement of theme and style.
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11 C-30
PART V.
LANDSCAPE MATERIALS AND DESIGN
The design guidelines outlined here will assist in achieving a distinctive
development character for the project while ensuring compatibility between
commercial and adjacent residential land uses. These plants are recommended,
however, actual plant choices may be substituted depending on experience and
actual soil conditions.
The high quality of the development is reinforced through the coordinated design
and selection of landscape and paving materials, and emphasis on unique
landscape features.
As phases are implemented, landscape plans (including landscape plans for any
temporary parking areas) shall be approved which are consistent with implement
these concepts of Exhibit A and B. Detailed landscaping plans prepared by a
landscape architect, shall be submitted to and approved by the City of Santa Ana
Planning Department and Public Works Agency (for public right-of-way areas)
prior to issuance of a building permit and installed prior to issuance of a
certificate of Use and Occupancy for the phase in question. Off-site landscaping
shall be approved by the Department of Public Works as part of any street
improvement plans.
A. Temporary Landscape Adjacent To Undeveloped Parcels.
Areas of the site not developed in the initial phase may be developed as
surface parking and if so developed shall comply with the following
standards. A temporary landscape will be installed in all undeveloped
areas.
1. Setback Areas - Will be fully planted with turf, trees and
ornamental groundcover.
2. Parking Areas - Trees equal in number to one (1) per each ten (10)
parking stalls, size: minimum 15 gallon. (These trees shall be
arranged in eight and one-half (8-1/2) feet by eighteen (18) feet
minimum planting bays surrounded by 6" high curb).
3. Berm - Architectural berm of sufficient height (but no greater than
3 feet) to screen surface parking lots shall be installed along Main
Street and Owens Drive. Berm will be fully landscaped, and the
size, number and type of planting shall be in accordance with the
City's commercial development standards. Turf areas shall not
exceed four to one slope.
4. Canopy Trees - Planted informally will supplement streetscape
plantings. Size: minimum 24" box. Species to be determined.
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11 C-31
The size, number and spacing shall be in accordance with the
City's commercial development standards.
5. Turf Types - Shall be consistent throughout project (Marathon II)
6. Shrubs - Shall be used for screening of parking areas and for
special effects at building entries.
7. Special Sculptural Features - Will accent undeveloped parcels,
prior to project bui1dout.
B. General Notes.
1. All landscaping shall be maintained in a healthy and attractive
condition. Maintenance should be carried out in accordance with
established horticulture practices. Irrigation problems must be
resolved promptly to assure plant survival. Prior to planting soil
must be property prepared to assure plant survival.
3. No use of Queen Palms for the project interior areas.
4. No electrical, mechanical or plumbing apparatus shall be located in
required setback areas.
5. All landscaped areas shall be irrigated using an automatic
irrigation system. A schematic irrigation system employing pop-
up type sprinkler heads, backflow preventer, automatic time clock,
and where applicable, a quick coupler adjacent to all trash
enclosures shall be provided.
6. On site trees will be spaced in coordination with required existing
parkway trees.
7. The development will provide double-staking for all newly planted
trees (on and off site).
8. Only low shrubs and/or ground cover shall be planted in landscape
areas used for parking overhang.
9. Planting and landscape walls shall be used to screen all
appurtenances, such as transformers, meters, trash enclosures, air
conditioning units, etc.
10. Phasing of landscape implementation shall be compatible with the
construction schedule for the entire project, as per the approved
site plan.
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11 C-32
11. All fountains and water features throughout the project shall be
plumbed for non-potable "gray water" for conversion when such
water is available.
12. A xeriphytic landscaping materials and irrigation design shall be
used for this project. In addition, the plant palette along the
southerly edge of the project shall be compatible with that of
Santiago Park, where the park is adjacent to the project.
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11 C-33
PART VI.
SIGNAGE
A. Intent.
Every sign in the City Place project will be part of a planned sign program
which will be submitted for Planning Division review and approval in
accordance with the criteria set forth in this Plan and SAMC. The purpose
of this section is to set forth permitted sign types and provide minimum
standards for signs within the City Place Specific Development Plan.
Consequently, this document identifies and specifies those design criteria
for the planned sign program which are different than those set forth in the
Code. In considering the planned sign program, the provisions of the Plan
shall control.
The City Place project is envisioned as a superior quality urban-style
mixed-use complex, and architecturally spectacular. Environmental
graphic design will be innovative and attractive but never excessive.
Tenant identification on the perimeter of the project (i.e. external signage)
will be held to a practical minimum. However, it is critical that the
internal signage, particularly the signage along the Concourse, be
compatible with the kind of exciting dynamic environment which is
intended to be created.
B. Sign Message Categories.
The project sign program shall address the following categories of
information:
· Project and major facilities identification at site entries
. Tenant identification signage
. Regulatory vehicular signage
. Directional vehicular signage
. Street identification
. Informational pedestrian signage
. Directional pedestrian signage
. Building identification signage
. Site directories and orientation maps
. Service signage
· Parking level and area identification sign age
· Visitor directional and informational signage
· Building address signage
· Building/site directories
. Typical door identification signage
· Restroom and telephone identification signage
. Operation information signage
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11 C-34
. Loading dock information
. Loading dock numbers
. Construction barricade
C. Physical Sign Types.
Physical classification of project signage will be by the following
categories:
1. Freestanding signs.
2. Wall/canopy signs.
3. Projecting signs.
4. Marquee signs (Theater Only).
5. Under canopy/window/hanging signs.
D. General Criteria.
The following design guidelines generally address the design criteria for
the sign program.
1. Color and typography of signs will be evaluated on the basis of
aesthetics and legibility rather than conformance to strict criteria.
2. Intermittent lights, bare bulbs, neon, illusions of motion, or other
mechanical movement are acceptable only within the interior of
the project. Such signage could be used with respect to the theatre,
or restaurants. Such signs shall not be visible from the perimeter
public right-of-way or the residential development in the project.
3. Well designed pageantry systems consisting of flags and banners,
festoons, flag canopies and related displays will be permitted on
the interior of the City Place project, provided they are consistent
with the overall design of the signage plan, and do not create a
safety hazard and do not adversely affect adjacent land uses.
4. The sign program shall acknowledge approval of carefully worded
on-site circulation directional signage.
E. Criteria For Individual Sign Types -; will be determined by the approved
sign program. Shall conform to size limitations as outlined in SAMC.
1. Freestanding Signs
Freestanding signs shall conform to SAMC requirements.
27
11 C-35
2. Wall/Canopy Signs.
a. All signs need not replicate a specified shape, design or
materials. Diversity will be allowed, provided that the
signs relate to each other well even though they are
configured differently.
3. Projecting Signs.
a. Within the interior portions of the project, such as along the
Concourse, one projecting sign per pedestrian level tenant
may be provided.
b. The project may provide any number of such signs with
mixed types so long as the style of the signs area
aesthetically compatible. Projecting signs shall be located
no closer than 15 feet from one another.
c. The sign face of each projecting sign shall be compatible
with the scale of the space being identified.
4. Marquee Signs.
The theater may have a major marquee sign at the theater entrance.
The marquee sign may be large enough to accommodate the
informational requirements of the uses being identified, may
employ changeable copy and appropriately sized based on unit and
frontage.
5. Signs Under Canopies And Marquees.
The area of any sign under a canopy or marquee shall not exceed
Santa Ana Municipal Code. Such signs shall meet all minimum
Building Code height clearances.
6. Temporary Identification Signs.
a. Per Santa Ana Municipal Code
b. Per Santa Ana Municipal Code
c. Per Santa Ana Municipal Code
7. Submission Of City Place Plan Signing Design Program.
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11 C-36
Project applicant shall submit a planned project sign program for
review by the Planning Division in accordance with the standard
Planning Division procedures and this Plan.
29
11 C-37
PART VII.
LIGHTING
Street lighting can be used to help unify the City Place_and add to the "festive"
atmosphere being sought. On-site parking lot and building light fixtures may vary
from one sub-area to the next but illumination levels shall remain consistent and
not compete with street lighting and signage. Appropriate special lighting effects
that will be compatible with the overall design concept are encouraged.
Street lighting and parking lot parking contribute to the safety and security of the
project. Unique lighting fixtures may provide easy identification of the project
for motorists. Lighting potentially visible from adjacent property shall be
subdued and incorporate cut-off shields or be oriented to the interior of the
project. Lighting shall not interfere with vehicular traffic.
A. Street Lighting/Exterior To The Project. (Public Right-of-Way)
1. All street lighting along Main Street, Memory Lane and Lawson
shall be of singular design placed at regular intervals, mounted
atop concrete or metal standard and installed per City
specifications as required.
2. Light standards, poles, and ballards shall be of common design
with durable finishes and materials to create unity along the project
perimeter, in accordance with the City's commercial development
standards.
B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive.
1. Pedestrian scale lighting should illuminate entry ways, courtyards,
parking lots and other such areas.
2. Lighting should be used to enhance landscaping and reinforced
architecture, with dramatic up lighting or wall shadow effects with
plant materials encouraged.
3. Parking lot light fixtures and bollards shall be consistent in styling
with the design theme proposed for that sub-area of the project.
4. The use of neon and other specialized lighting effects that would
reinforce the attractiveness ofthe project to pedestrian traffic and
incorporate the design theme of the project may be used.
5. The use of white or clear string lighting in trees around outdoor
pedestrian areas may be used.
6. Washing large wall areas with light to create shadows from
landscape materials may be used.
30
11 C-38
7. Lighting along the Concourse Drive shall be carried out as part of
the unified scheme to help create festive recreational atmosphere.
C. On-Site Building Lighting.
1. Service area lighting for large uses shall be contained within
service yard boundaries with light sources concealed.
2. Building illumination and architectura11ighting will be creative
and reinforce the design theme. Indirect wall lighting or "raw wall
washing" overhead downlighting, will be utilized throughout the
commercial development.
3. In residential areas, warm simple lighting will be employed. These
components could include up lighting of building entrances and
courtyard trees, subtle soft lighting effects, washing of walls with
light from concealed ground sources.
4. In residential areas the use of specialized lighting effects such as
neon and internally illuminated signs shall be avoided as shall any
blinding, bright or flashy effects.
5. Lighting shall not cast any glare onto adjacent lots and streets
outside the perimeters of the City Place project in such a manner as
to decrease the safety of pedestrian and vehicular movement.
6. Architectura11ighting should be used to articulate the particular
building design.
D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana
Municipal Code and approved by the Police Department.
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11 C-39
PART VIII. OPERATIONAL STANDARDS
1. Unless herein permitted to the contrary, all commercial activity shall be
conducted within a building.
2. All activity on the site shall be designed, built, operated, and verified in
compliance with the mitigation monitoring program of the certified final
Environmental Impact Report for this project.
3. Should special assessment, Mello Roos, or other financing be utilized,
written disclosure of such financing shall be disclosed in writing to all
purchasers and lessees within the project.
4. The following study shall be reviewed, approved and from time to time
modified and approved by the City shall be implemented and maintained
throughout the project:
Trash operations plan
5. All residential units within the project shall be built, subdivided and sold
for individual ownership.
6. All trash consolidation areas within the project including residential shall
be maintained and operated for the recycling of solid waste materials to
the satisfaction of the Public Works Agency.
7. The trash pick-up operational plan (letter agreement with the City) shall be
incorporated into the CC&R's of the project.
8. All circulation and parking operational procedures for the entire project
including but not limited to the bollards, loading zones, parking
management, and trash pick-up shall be maintained by the project
management and included by reference in the CC&R's.
9. The CC&R's shall include provisions to prohibit the construction of walls
in the townhouse two car garage that will disrupt the ability to park
resident vehicles in both spaces.
10. The CC&R's shall prohibit recreational vehicle parking or storage on-site.
11. The CC&R's shall contain provisions to preclude exposed television, ham
radio, dish, or other antenna and mechanical equipment.
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11 C-40
ORDINANCE NO. NS-2677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND MAIN STREET
CONCOURSE, LLC
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters into this Development Agreement pursuant to the
provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing, on
December 13, 2004, recommended approval of this Development Agreement.
D. Entering into this Development Agreement would provide the City with
extraordinary and significant benefits that are of regional significance, relate to existing
deficiencies in public facilities, require the owner of City Place to contribute a greater
percentage of benefits than would otherwise be required, and represent benefits which
would not otherwise be required as part of the development process.
E. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
F. The City Council has, on February 7, 2005, approved a Environmental
Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring
plan, written findings and a statement of overriding considerations and the Council adopts
this ordinance based upon said EIR, plan, findings and statement of overriding
considerations. After closing the public hearing, the Council adopted a motion continuing
the matter to its February 22, 2005 regular meeting and directing staff to return the
Project for approval with the following adjustments:
1. Amend Part II of the Specific Development to permit:
a. 185 dwelling units (townhomes and live-work units) as
shown on lots 2, 3 and 5 of Vesting Tentative Tract Map
No. 16565.
11 0-1
Ordinance No. NS-2677
Page 1 of 3
b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative
Tract Map No. 16565.
2. Amend Section 5 of the Development Agreement to limit development in
Phase II to be consistent with the Specific Development, as amended,
but retain the concept that the City and Developer shall meet in good
faith to consider construction of a residential, for-sale, high-rise tower as
part of this Project
3. Amend the Vesting Tentative Tract Map to comply with the revised
Specific Development and Development Agreement.
4. Amend the Site Plan and Site Plan Review to comply with the revised
Specific Development and Development Agreement.
5. Amend the Final EIR, including the Project Description, consistent with
the revised Specific Development and Development Agreement.
6. Delete Section 5.1.2 of the Development Agreement related to
development of Commercial component tied to Development of hold
back units.
SECTION 2: The Development Agreement, a true and correct copy of which is
attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the
Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby
authorized and directed to cause this Development Agreement to be recorded with the
County Recorder's Office. In case of any dispute between the terms or effect of Tentative
Tract Map No. 2004-06 and the terms or effect of the Development Agreement, the
Development Agreement shall prevail.
SECTION 3: This ordinance shall not be effective unless and until Ordinance
No. NS-2676, Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If
said ordinance and resolutions are for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, or otherwise do not go into effect for
any reason, then this ordinance shall be null and void and have no further force and
effect.
SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. NS-2677
Page 2 of 3
11 0-2
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2677 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 0-3
Ordinance No. NS-2677
Page 3 of 3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE S 6103
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
MAIN STREET CONCOURSE, LLC
Dated: February 14,2005
EXHIBIT 1
11 0-4
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
MAIN STREET CONCOURSE, LLC
This AMENDED AND RESTATED DEVELOPMENT AGREEMENT
("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
("City") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company
("Owner" or "Property Owner").
1. RECITALS. This Agreement is entered into with reference to the following
facts:
1.1 Original Agreement. The City and Owner's predecessor in interest,
Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that
certain Development Agreement entered into on or about May 3, 1993 and recorded as
Document Number 93-0385606 with the Recorder's Office of the County of Orange (the
"Original Agreement").
(1) The purpose of the Original Agreement was to facilitate the
development of the mixed-use project contemplated by the City's Specific Design Zoning
Designation SO-59 (SO-59), Vesting Tentative Map No. 14408 and EIR No. 93-_.
(2) Orient's interest was subsequently acquired by Owner, who has
applied to the City for approvals of a modified project, including an amendment to SO-59 and a
new vesting tentative map.
(3) The City and Owner agree that the changes Owner seeks in the
Original Agreement substantiate the need to amend and restate the Original Agreement.
1.2 Code Authorization. The City is authorized pursuant to Government
Code Sections 65864 through 65869.5 to enter into Development Agreements with persons
having legal or equitable interests in real property for the purpose of establishing certainty for
both the City and Owner in the development process. The City enters into the Agreement
pursuant to the provisions of the Government Code and applicable City policies. The parties
acknowledge:
(1)
the time of development.
This Agreement is intended to assure adequate public facilities at
(2) This Agreement is intended to assure development in accordance
with the City's General Plan, applicable Specific Plans and Specific Development District
No. 59, as modified concurrently herewith by Ordinance No. NS-2676.
1
11 0-5
(3) This Agreement will pennit achievement of goals and objectives as
reflected in the City's General Plan, all applicable Specific Plans and Specific Development
District No. 59.
(4) Owner is required by existing City regulations to provide
mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through
the regulatory process:, as further provided in this Agreement.
(5) This Agreement will allow the City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in addition to those
available through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to the City for entering into this Agreement are of regional significance, relate to
existing deficiencies in public facilities, require Owner to contribute a greater percentage of
benefits than would otherwise be required, and represent benefits which would not otherwise be
required as part of the development process.
1.2 Owner. Owner represents and warrants that it has a legal or equitable
interest in the real property located in the City of Santa Ana, California, legally described on
Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B
attached hereto and incorporated herein (hereinafter the "Property"). The Property is
approximately 17.72 acres in size (and approximately 18.76 acres before dedications) and is
vacant:
1.3 Approval of Owner. Owner further hereby represents that it has
approved this Agreement and is authorized to enter into this Agreement.
1.4 Planning Commission - Council Hearings. On October 25,2004, the
Planning Commission of the City ("Planning Commission"), after giving notice pursuant to
Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's
application for this Agreement. This public hearing was duly held, all public testimony was
attended to, and consideration of this matter continued by the Planning Commission to its regular
meeting of December 13,2004, on which date the Planning Commission recommended to the
City Council of the City that it execute this Agreement. On February 7, 2005, the City Council
of the City of Santa Ana ("Council"), after providing notice as required by law, held a public
hearing to consider the Owner's application for this Agreement. Following this public hearing,
the matter was continued the Council's next regular meeting, on February 22, 2005, in order to
make certain changes to this Agreement, SO-59 and Vesting Tentative Map No. 14408, to all of
which the Owner voluntarily agreed.
1.5 Council Findings. The Council finds that this Agreement is consistent
with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances,
plans, policies and regulations of the City.
2
11 0-6
1.6 City Ordinance. On March 3, 2005, the Council adopted Ordinance No.
NS-2677 approving this Agreement. The ordinance becomes effective thirty (30) days
thereafter.
2. DEFINITIONS. In the Agreement, initially capitalized terms used but not
defined shall have the following meanings unless the context otherwise requires:
2.0.5 "Executive Director" means the Executive Director of the City's
Planning and Building Agency or designee.
2.1 "Final Design" means the final design documents for a work of public art,
which is set forth in greater detail in paragraph 5.8 of this Agreement.
2.2 "Map" means Tentative Tract Map No.2004-06 , approved concurrently
with this Agreement.
2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC,
being the person, persons, or entity having a legal or equitable interest in the Property, and
includes Main Street Concourse, LLC's successors in interest.
2.3 "Property" is the real property described in Exhibit A and referred to in
Exhibit B.
2.4 "Project" is the development of the Property as generally set forth in
SO-59, Tentative Tract Map No. 2004-06, Conditional Use Permit No. 2004-28, Environmental
Impact Report No. 2004-01, and Site Plan Review No. 2004-05.
2.5 Public Art Locational Plan means the conceptual Plan attached hereto as
Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the
location of the Public Art required by this Agreement, and is subject to refinement at the time of
installation, by Agreement of the Owner and the Executive Director.
3. EXHIBITS. The following documents referred to in the Agreement are attached
to this Agreement and are identified as follows:
Exhibit
DesienHtion
Description
Referred to
in Section
A
Property Legal Description
1.2
B
Property Graphical Description (Site Plan)
1.2
C
Public Art Locational Plan
2.5
o
Phasing Plan
5.1.1
E
Remaining Offsite Mitigation Measures
3
5.1.2
110-7
F
Residential High Rise Tower Study Area
5.4
4
11 0-8
4. GENERAL PROVISIONS.
4.1 Amendment and Restatement. This Agreement amends, restates and
supersedes the Original Agreement in its entirety.
4.2 Property Subject to the Agreement. Until released pursuant to the
provisions of Section 8.6 below, no property shall be released from this Agreement until
Property Owner has fully performed its obligations arising out of the Agreement.
4.3 Effective Date; Duration of Agreement. The "Effective Date" of this
Development Agreement shall be the date that the City Council ordinance adopting this
Development Agreement becomes effective, which date is thirty (30) days after the City Council
meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS-2676
(the amendment to SO-59) is the subject of a referendum which has received a prima facie
sufficient number of signatures or unless its effective date is stayed by order of a court with
jurisdiction. The remaining term of this Agreement shall extend for the same period as specified
in the Original Agreement, unless this Agreement is earlier terminated or its term modified by
further agreement fully executed by both parties; provided, however, that nothing herein is
intended nor shall it be interpreted to extend the period of validity of any approval issued in
conjunction with the City's Development Project Plan process or building permit, beyond local
requirement. Except as expressly stated herein, paragraph 3 of the Original Agreement shall
remain in full force and effect.
(b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the
term of the Map, including any lot line adjustment or merger oflots (or any other tentative map
filed subsequent to the Effective Date of this Agreement), shall not expire during the term of this
Development Agreement remains in effect.
(c) Notwithstanding subsections (a) or (b) hereof, if, at the end of the original
or any modified term, the Property is in the process of being developed, the term of this
Development Agreement shall be further extended until such construction in process is
completed, not to exceed an additional three years after expiration of the original or modified
term.
(d) The expiration of this Development Agreement shall not terminate any
land use approvals approved concurrently with or subsequent to the approval of this
Development Agreement, but shall merely end the period as to which such approvals are vested
against subsequent changes in applicable law.
(e) Upon the expiration or termination of this Development Agreement for
any reason, the City and Owner and its successors and assigns agree to cooperate and execute
any document reasonably requested by the other party to remove this Development Agreement
from the public records as to the property or any applicable portion thereof.
4.4 Assignment. Owner shall have the right to transfer or assign the Property,
in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or
corporation at any time during the term ofthis Agreement; provided, however, that except as
provided in section 4.4.1 of this Agreement the rights of Owner under this Agreement may not
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be transferred or assigned unless the written consent of the Council is first obtained and any
transfer or assignment of the rights under this Agreement shall include in writing the assumption
of the duties, obligations, and liabilities arising from this Agreement if the City grants written
consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to
assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act,
and any such assignment or transfer shall be wholly void and of no force and effect unless such
written consent thereto be obtained from the Council. Such transfer or assignment shall not
relieve Owner of any duty, obligation or liability to City without the consent of the City. During
the term of this Agreement, any approved assignee or transferee of the rights under this
Agreement shall observe and perform all of the duties and obligations of Owner contained in this
Agreement as such duties and obligations pertain to the portion ofthe Property transferred or
assigned. Any and all approved successors and assignees of Owner shall have all ofthe same
rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the
Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned,
or transferred to persons for ownership, investment, use or development by them in accordance
with the provisions of this Agreement.
4.4.1 Assignment to Controlled Assignee. Notwithstanding the above,
consent shall not be required in connection with a Permitted Transfer (as herein defined) of
Property of Owner provided City Council is notified of such Permitted Transfer and furnished
with copies of the fully executed instruments effectuating same within fifteen (15) business days
after the effective date thereof. For purposes hereof, the capitalized terms used herein shall be
defined as follows:
(i) "Permitted Transfer" shall mean Transfer of the Property or direct
or indirect interests in Owner if, following the transfer (a) the Property remains under the Legal
Control (defined below) of Robert H. Bisno, or, upon the death of Robert H. Bisno, his heirs or
devisees, or (b) foreclosure pursuant to the provisions of section 8.5 of this Agreement.
(ii) "Legal Control" shall mean the power or authority, directly or
indirectly through one or more intermediaries, through the ownership of voting securities, by
contract or otherwise, to direct the management, activities or policies of such person or entity.
(iii) "Transfer" shall mean any change in the direct or indirect
members, partners, shareholders or principals in the ownership of an entity or other ownership
components of such entity.
4.5 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the
same manner as its adoption by an ordinance as set forth in Government Code Section 65868;
provided, however, that as specified in section 5.5.1 of this Agreement the Executive Director
may approve one or more minor changes in the Project only to the extent that such changes are
not required by State law or the City Municipal Code to be decided by the Zoning Administrator,
Planning Commission (or other City Commission) or City Council. The term "Agreement" or
"Development Agreement" as used herein shall include any amendment properly approved and
executed.
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4.6 Enforcement. Notwithstanding Government Code Section 65865.4, this
Agreement is enforceable by any party to the Agreement in any manner provided by law. The
remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable
for, any action in damages or any costs or attorney's fees resulting from any dispute,
controversy, action or inaction, or any legal proceeding arising out of this Agreement except as
may be provided in Section 6.3(5) of this Agreement.
4.7 Hold Harmless. Property Owner agrees to and shall hold the City, its
officers, agents, employees, consultants, special counsel, and representatives harmless from
liability: (I) for damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including health, and claims for property damage, which may arise
from the direct or indirect operations of the Property Owner or its contractors, subcontractors,
agents, employees, or other persons acting on its behalf which relates to the Project; and (2)
from any claim that damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement, other than a breach by the City of
its obligations hereunder. Property Owner agrees to pay all costs for the defense of the City and
its officers, agents, employees, consultants, special counsel, and representatives regarding any
action for damages, just compensation, restitution, judicial or equitable relief caused or alleged
to have been caused by reason of Property Owner's actions in connection with the Project, any
third party claims arising out of this Agreement, or any approval or certification by the City
relating to the Project. This hold harmless Agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this paragraph or due by reason of the terms of, or effects,
arising from this Agreement or any approval or certification by the City relating to the Project,
regardless of whether or not the City prepared, supplied or approved this Agreement, plans or
specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement or any approval or certification by the City relating to the Project, or asserting
that damages, just compensation, restitution, judicial or equitable relief is due to personal or
property rights by reason of the terms of, or effects arising from this Agreement, The Property
Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City,
excluding fees and costs for special counsel to be selected by the City or other outside counselor
consultants, if any, regarding any action by a third party challenging the validity of this
Agreement or any approval or certification by the City relating to the Project, or asserting that
damages, just compensation, restitution, judicial or equitable relief is due to personal or property
rights by reason of the terms of, or effects arising from this Agreement. City may make all
reasonable decisions with respect to its representation in any legal proceeding.
4.8 Binding Effect of Agreement. To the extent not otherwise provided in
Section 4.4 ofthis Agreement, the burdens of the Agreement bind, and the benefits of the
Agreement inure, to the parties' successors in interest.
4.9 Relationship of the Parties. The contractual relationship between the
City and Owner arising out of the Agreement is one of independent contractor and not agency.
This Agreement does not create any third party beneficiary rights.
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4.10 Notices. Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and shall be deemed to be properly given if
delivered in person or mailed by first class or certified mail, postage prepaid, or sent by
telefacsimile in the manner provided in this Section, to the following persons:
If to the City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
te1efacsimile (714) 647-6515
If to Owner, to:
Main Street Concourse, LLC
c/o Transaction Companies
1800 Century Park East, Suite 450
Los Angeles, CA 90067-1518
Attn: Robert H. Bisno
Telefacsimile (310) 277-3787
and,
F. Thomas Muller, Esq.
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, California 90071
telefacsimile (213) 430-6407
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
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after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County, or city holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1 Existing Rules, Regulations and Policies. The rules, regulations and
official policies governing the permitted use(s) of the Property, with respect to and only with
respect to the permitted use(s), density, height, size of structures and intensity of use of the
Property, and provisions for reservation or dedication of land for public purposes and any other
exactions or mitigation measures applicable to the Project shall be those rules, regulations, and
policies applicable to the Property as of the Effective Date, including those set forth in District
Plan No. 59, as amended concurrently herewith.
5.1.1 Phasing of the Project. The City agrees and acknowledges that the
Project may be phased by Owner pursuant to the Phasing Plan attached to this Agreement as
Exhibit D.
5.1.2. Reserved.
5.1.3 Remaining Offsite Mitigation Measures. The parties acknowledge and
agree that Owner's predecessor in interest under the Original Agreement, has constructed or
caused to be constructed many of the offsite mitigation measures required by the Original
Agreement, which mitigation measures were scaled to mitigate impacts from a substantially
larger project than Owner's. Therefore, the sole remaining offsite mitigation measures which
must be funded or constructed by Owner are as set forth in Exhibit E to this Agreement.
5.2 Exclusion from Existing Rules, Regulations and Policies.
Pursuant to Government Code Section 65866, and Pardee Construction Co. v.
City of Camarillo (1984) 37 Ca1.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, the City retains the
right to enact police power regulations on matters not covered by this Agreement, including
without limitation ("Reserved Powers"):
a. Municipal laws and regulations which do not interfere with Owner's
vested rights to develop and use the Property in accordance with this Agreement. Owner and its
successors and assigns and all persons and entities in occupation of any portion of the Property
shall comply with such non-conflicting laws and regulations as may from time to time be enacted
or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting
laws and regulations include the following:
(1) Existing taxes, assessments, fees and charges, except as otherwise
specifically provided in this Development Agreement;
(2) Building, electrical, mechanical, fire and similar codes based upon
uniform codes incorporated by reference into the Santa Ana Municipal Code;
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(3) Laws, including zoning code prOVISions, which regulate the
manner in which business activities may be conducted or which prohibit any particular
type of business activity on a city-wide basis; and
(4) Procedural rules of general City-wide application.
b. No vested rights as to any requirements in this section 5.2 either as to
existing or future regulations, ordinances, policies, and plans are hereby conferred.
5.3 Design and Construction Standards and Specifications. The design
and construction standards and specifications for all Project construction, shall be subject to
applicable design standards and guidelines, including without limitation SD-59 and Chapter 41
of the Santa Ana Municipal Code, in effect at the time that any development approval shall be
sought for the Project or any unit or structure contained within the Project.
5.4 Future, Proposed Residential, High Rise Towers.
a. Without in any way affecting the rights vested pursuant to this Agreement,
Owner shall meet and confer in good faith with the City on whether to construct a residential,
for-sale, high rise tower on the Property in the general location as specified in Exhibit F to this
Agreement, in lieu of the single family residential development at the density of 1 unit per acre
approved for such area concurrently herewith. The parties hereto acknowledge and agree that
the City's discretionary review of any such proposal together with any approvals sought to
develop any such tower on the Property shall be deemed to fall within the provisions of section
5.5 of this Agreement, and not be covered by section 5.1 of this Agreement-. If, after good faith
investigation and consideration the Owner has not concluded by August 1,2005, that a high rise
development is feasible, Owner may proceed with development as approved concurrently
herewith. No fees, exactions, mitigation measures or dedications shall be required with respect
to such area until development commences thereon.
b. In consideration of the above, and the extraordinary and significant
benefits that Owner acknowledges and agrees that it has received in executing this Agreement,
Owner voluntarily waives any claim, and holds harmless the City, its officers, agents and
employees, from any claim that damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement or the Project, other
than a breach by the City of its obligations hereunder. Said waiver and hold harmless shall be in
addition to that set forth in other provisions of this Agreement, including but not limited to
section 4.7.
5.5 Future Discretionary Approvals. This Agreement shall not prevent the
City, when considering requests for discretionary approvals not covered by this Agreement
subsequent to the effective date of this Agreement from applying new rules, regulations, and
policies which are applicable to the Property, including but not limited to, material changes in
the general plans, specific plans, zoning, subdivision or building regulations, nor shall this
Agreement prevent the City from denying or conditionally approving any subsequent
applications for discretionary land use entitlements based on such existing or new rules,
regulations, and/or policies; provided however, that such new rules, regulations, and official
policies are of general application to all development within the City and are not imposed solely
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with respect to the subject property. In addition, this Agreement shall not prevent the City from
exercising its police power to protect the health, safety, and welfare of the public. This police
power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or
obligations created or existing between the parties.
5.5.1 Minor Changes. Upon application of Owner, the Executive Director may
approve minor modifications to the discretionary approvals vested pursuant to this Agreement,
provided that such changes are consistent in scope and intention with such approvals. The
Executive Director has the sole and absolute discretion to determine what constitutes a "minor
modification. "
5.6 Processing Fees. All fees and charges intended to cover the City's costs
associated with processing development of the Property, including but not limited to fees and
charges for applications, processing, inspections, plan review, plan processing, and/or
environmental review, which are existing or may be revised or adopted during the term of this
Agreement, shall apply to the development of the Property.
5.7 Amendments or Additions to Citywide Fee Programs. This Agreement
shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
or assessments (hereafter collectively referred to as "fees") adopted by the City after the
effective date of this Agreement, which shall be applicable to the Project or the Property
provided that they (1) are standard fees applicable to all development in the City (although actual
fee rates may vary within the City where bona fide Citywide fee zones have been established),
(2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a)
mitigate, offset or compensate for Project impacts which were analyzed in the negative
declaration prepared for the Project, or (b) duplicate any exactions, project design features,
conditions of approval, Agreements, or mitigation measures contained in the Development Plan
or this Agreement.
5.8 Development, Construction and Completion of Work of Public Art.
In consideration for the extraordinary and significant benefits to the City set forth in this Section,
the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses ofland,
density, and intensity of use, Owner shall include within the Project at one or more prime
locations visible to the public from currently existing public right-of-way, one or more
permanent works of public art (the "Public Art"). The Owner shall design and/or construct the
facilities specified below prior to the corresponding triggering event specified in section 5.8.1
below. The Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public
Art Locational Plan."
5.8.1 Work of Public Art.
Facilities to He Constmctecl
Triggering Event (F. g, New I lse or New Area)
Prior to issuance of first Building Permit or four
(4) years from the effective date of this
Agreement, whichever comes first.
1. Submit Final Design of Public Art.
Final design must conform to Public Art
Locational Plan.
2. Install Public Art.
Prior to the City's issuance of Certificate of Use
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and Occupancy for any building, or five (5) years
from the effective date of this Agreement,
whichever comes first:
With respect to the Final Design, Owner shall complete all construction and development, shall
submit all plans, drawings, and other documents, and perform all of its obligations under this
Agreement within the times specified above. During periods of construction of the work of
public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a
written report of the progress of the construction when and as reasonably requested by the City.
The report shall be in such form and detail as may be reasonably required by the City, and shall
include a reasonable number of construction photographs (if requested) taken from the last report
by Owner. Development scheduling or date or times of performance may be subject to revision
from time to time if first mutually agreed to in writing. Such revisions do not constitute
amendments requiring further notice and public hearing.
5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of
$3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building
permit. This fee shall be used by the City to build new or substantially rehabilitate existing
affordable housing in the City.
5.8.3 Cultural In-Lieu Fee. The parties acknowledge that the Original
Agreement included the requirement that Owner construct a 125-fixed seat legitimate theater as
part of a dual-purpose, "multiplex" motion picture theater complex Due to modifications to the
Project from the Original Agreement to this Agreement, Owner agrees that in lieu of
constructing said theater, it will pay the City a fee of $400,000.00 upon the issuance of the first
building permit for the Project. The City agrees to use this fee toward the design and
construction of a theater.
5.8.4. Park Requirements.
a. Santiago Park Improvements. The Owner shall pay a special Santiago
Park fee of $1.64 per square foot of net rentable or salable square feet of development as a
condition of issuance of each building permit. The parties acknowledge and agree that this
contribution is in addition to any tax or fee or dedication imposed by the City on new residential
development. The City shall use said fees for deferred maintenance and capital improvements to
Santiago Park. If not used or appropriated within five years after payment, this fee shall be
returned to Owner, consistent with the provisions of and exceptions contained within the
California Mitigation Fee Act, Government Code ~ 66000 et seq. This fee shall be offset against
the fee owed the City pursuant to section 5.8.4(b) of this Agreement (i.e., the amount in the "In-
Lieu Park Fee" required of Owner shall be reduced by an amount equal to the special Santiago
Park fee paid by Owner pursuant to this section).
b. In-Lieu Park Fee. The Owner shall pay an "in lieu" fee at the value of
$35.50 per square foot of area to be dedicated pursuant to the standard established by section 34-
204 et seq. of the Santa Ana Municipal Code, as specified in the City's site plan review letter;
provided, however that the fee may be increased yearly by the average rate of increase in land
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costs in the City of Santa Ana, as that increase is established by the annual change in the
"Construction Cost Index-Los Angeles," published by Engineering News-Record, or substitute
index chosen by the Executive Director should this index is discontinued. The fee shall be paid
for each phase, as set forth in section 5.1.1 of this Agreement, prior to issuance of the first
building permit for that phase, and shall be utilized by the City in the Quadrant of the City (as set
forth in the City's Park A&D Fee program) in which the Project is located, with priority given to
Santiago Park.
5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and
Restrictions (CC&R's) must be provided and approved by the Executive Director for the project
prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the
following:
(1) No more than four residents per live-work unit.
(2) All residential and live-work units shall remain owner occupied
and shall not allow rental of the entire unit.
(3) Use Restriction for Live-Work Units. The live-work project must
remain as a live-work community. The work component shall be limited
to one of the allowable uses as specified in the Specific Development
(SO-59) zoning district.
(4) Repair of perimeter walls will be specified in the CC&R's in the
event of damage.
(5) The CC&R's shall provide notice to prospective owners of the
urban character of the City and this area, including but not limited to the
permitted uses of the property and buildings in the immediate area of the
development (e.g.., Main Place Regional Shopping Mall, and surrounding
property zoned and/or devoted to commercial use), and shall provide a
release of all claims against the City which may arise from or relate to the
disclosed matters.
(6) The CC&R's shall reflect that ground floor space in the live-work
units shall be restricted to work/retail activities.
(7) The CC&R's shall reflect that balconies may not be used for
storage.
(8) Terms and Content:
l. CC&R's are to be in effect for 66 years.
11. Any proposed modifications to the foregoing provisions of
the CC&R's will require approval by the Executive Director.
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5.9 Responsibility For Costs of Work QfPublic Art. The City and Owner
agree that Owner shall be responsible for all costs associated with the design, construction,
maintenance and repair of the work of public art provided for in the Public Art Locational Plan.
5.10 City to Receive Contract Documents. Owner shall furnish the City,
upon written request, copies of contracts and supporting documents relating to the work of
public art.
5.11 Conditions of Discretionary Approvals. The requirements imposed as
conditions of any discretionary approval received through the City's existing regulatory process
shall be governed by the terms of those approvals, and in no event shall such conditions be
affected by the termination, cancellation, rescission, revocation, or default or expiration of this
Agreement.
5.12 Moratoria. In the event an ordinance, resolution or other measure is
enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate,
amount, timing, sequencing, or phasing of the development or construction of the Project on all
or any part of the Property or the implementation or construction of a mitigation measure, the
City agrees that such ordinance, resolution or other measure shall not apply to the Project, the
Property or this Agreement.
5.13 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Project in substantial conformity with all
applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
States, the State of California, the County of Orange, the City, or any other political subdivision
in which the Property is located, and of any other political subdivision, agency, or
instrumentality exercising jurisdiction over the City, the Owner or the Property, including all
applicable federal, state, and local occupation, safety and health laws, rules, regulations and
standards, applicable state and labor standards, applicable prevailing wage requirements, the
City zoning and development standards, City permits and approvals, building, plumbing,
mechanical and electrical codes, as they apply to the Property and the Project, and all other
provisions of the City and its Municipal Code (as they apply to the Property and the Project), and
all applicable disabled and handicapped access requirements, including, without the limitation,
the Americans With Disability Act, 42 U.S.C. 9 12101 et seq., Government Code 94450 et seq.,
and the Unruh Civil Rights Act, Civil Code 9 51 et seq. ("Governmental Requirements").
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. The City shall, at least every twelve
(12) months during the term of this Agreement, review the extent of good faith substantial
compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section
65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good
faith compliance with the terms of the Agreement at the periodic review.
6.2 Review Letter. If Owner is found to be in compliance with the
Agreement after the annual review set forth in Section 6.1 above, the City shall, upon written
request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon
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information known or made known to the City Council, the City Planning Commission and/or
the City Executive Director, the Agreement remains in effect and Owner is not in default.
Owner may record the Letter in the Official Records of the County of Orange.
6.3 Failure of Periodic Review. City's failure to review at least annually
Owner's compliance with the terms and conditions of this Agreement shall not constitute or be
asserted by any party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1 Owner Events of Default. Property Owner is in default under this
Agreement upon the happening of one or more of the following events or conditions (each, an
"Owner Event of Default"):
(1) If a material warranty, representation, or statement made or
furnished by Property Owner to the City is false or proves to have been false in any material
respect when it was made; or
(2) A finding and determination made by the City following a periodic
review under the procedure provided for in Government Code Section 65865.1 and Section 6.1
of this Agreement that upon the basis of substantial evidence the Property Owner has not
complied in good faith with one or more of the material terms or conditions of this Agreement;
(3) Failure to comply with Governmental Requirements;
(4) Any other event, condition, act, or omission which materially
interferes with the intent and objectives of this Agreement.
7.2 Procedure upon Default.
(1) Upon an Owner Event of Default, the City through the Executive Director
shall submit to Owner, a written notice of default, in the manner provided in Section 4.10,
identifying with specificity the nature of the alleged default and, when appropriate, the manner in
which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner
shall cure the identified default(s) at the earliest reasonable time after receipt of the notice of
default and shall complete the cure in any event not later than one hundred and twenty (120)
days after receipt of the notice of default, or such longer period as is reasonably necessary to
remedy such default(s), provided that the Owner shall continuously and diligently pursue such
remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently
proceed to remedy such default(s) after proper notice and expiration of said one hundred and
twenty (120) day cure period or such extended period as provided herein, the City may terminate
or amend this Agreement in accordance with the procedure adopted by the City. Failure or delay
in giving notice of de fau It- shall not constitute a waiver of any default, nor shall it change the
time of default.
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(2) If after the cure period has elapsed, the Executive Director finds
and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be
entitled to appeal that finding and determination to the City Council by filing an appeal with the
City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination
to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council
shall act upon the finding and determination of the Executive Director within ninety (90) days
after the filing of such appeal. In the event of a finding and determination that all defaults are
cured, there shall be no appeal by any person or entity.
(3) The City does not waive any claim of defect in performance by
Property Owner, if on periodic review the City does not propose to modify or terminate this
Agreement.
(4) Non-performance shall not be excused because of a failure of a
third person.
(5) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Owner, shall be sufficient to terminate this Agreement
and a hearing on the matter shall not be required.
(6) Adoption of a law or other governmental activity making
performance by the Owner unprofitable or more difficult or more expensive does not excuse the
performance of the obligation by the Property Owner.
(7) All other remedies at law or in equity which are not inconsistent
with the provisions of this Agreement are available to the parties to pursue in the event there is a
breach.
7.3 Damages upon Termination. In no event shall Property Owner be
entitled to any damages against the City upon termination ofthis Agreement for an Owner Event
of Default.
7.4 Institution of Legal Action. In addition to any other rights or remedies,
either party may institute legal action to cure, correct, or remedy any default or breach, to
specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any
threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the
purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County
of Orange, State of California, or in the Federal District Court in the Central District of
California, Southern Division.
8. ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1 Discretion to Encumber. This Agreement shall not prevent or limit
Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion
of the Property or any improvement on the Property by any mortgage, deed of trust, or other
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security device (or any number ofthem) securing financing with respect to the Property or its
improvement (any such encumbrance, a "Mortgage").
8.2 Entitlement to Written Notice of Default. The mortgagee ofa mortgage
or beneficiary of a deed of trust encumbering the Property or any part thereof and their
successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to
receive from the City written notification of any Owner Event of Default.
8.3 Performance of Covenants. The Mortgagee shall have the right, but no
obligation, to perform any term, covenant or condition and to remedy any Owner Event of
Default hereunder within the time periods specified herein, and the City shall accept such
performance with the same force and effect as if furnished by the Owner; provided, however,
that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City.
8.4 Default by the Owner. In the event of an Owner Event of Default that
has not been cured by the Owner or as to which there is no cure period hereunder, the City
agrees not to terminate this Agreement (1) unless and until the City provides written notice of
such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event
of Default within ninety business days after the later of delivery of such notice or expiration of
any applicable Owner cure period, and (2) as long as:
(a) In the case of an Owner Event of Default that cannot practicably be
cured by the Mortgagee without taking possession of the Property (which defaults shall not
include defaults "not susceptible of being cured" as defined below), (x) the Mortgagee has
delivered to the City, prior to the date on which the City shall be entitled to give notice of
termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to
such delays as may be incident to obtaining a relief from stay in the case of a
bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event
of Default promptly following its obtaining possession and; (y) said Mortgagee shall proceed
diligently to obtain possession of the Property (including possession by receiver) (subject to such
delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution
event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of
Default; and
(b) In the case of an Owner Event of Default that is not susceptible to
being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and
diligently prosecute the same to completion (subject to such delays as may be incident to
obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the
meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name
or through a nominee, by assignment in lieu of foreclosure) and upon such completion of
acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured.
The Mortgagee shall not be required to obtain possession or to continue in
possession as Mortgagee of the Property pursuant to Subsection 8.4(a) above, or to continue to
prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner
Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of
its rights or remedies with respect to any other Owner Event of Default during any period of
17
110-21
such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein.
If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's
right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible
of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner
Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser
shall no longer be deemed Owner Events of Default hereunder.
Except as set forth herein, nothing contained herein shall require any Mortgagee
to cure any Owner Event of Default.
8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder,
whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any
conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of
foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent
of the City or constitute a breach of any provision of or a default under this Agreement; and upon
such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in
connection therewith as the Owner hereunder provided that such purchaser or transferee
assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner
hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its
nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a
judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu
of foreclosure, or through settlement of or arising out of any pending or contemplated
foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the
Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with
respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such
acquisition of the Owner's right, title and interest hereunder as described in the preceding
sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from
Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new
agreement or amend this Agreement with such party, upon the written request therefor by such
party given not later than one hundred twenty (120) days after such party's acquisition of the
Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new
agreement or amended Agreement shall be substantially the same in form and content to the
provisions of this Agreement, except with respect to the parties thereto, and the elimination of
any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall
have priority equal to the priority of this Agreement. Upon execution and delivery of such new
agreement or amended Agreement, the City shall cooperate with the new owner, at the sole
expense of said new owner, in taking such action as may be necessary to cancel and discharge
this Agreement and to remove Owner named herein from the Property.
8.6 Releases. The City agrees that upon written request of Property Owner
and payment of all fees and performance of the requirements and conditions required of Owner
by this Agreement with respect to the Property, or any portion thereof, the City shall execute and
deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form
and substance acceptable to the Orange County Recorder or as may otherwise be necessary to
effect the release.
18
11 0-22
9. MISCELLANEOUS PROVISIONS.
9.1 Rules of Construction. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than
one signer of this Agreement, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This Agreement
constitutes the entire understanding and Agreement of the parties with respect to the matters set
forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements
between the parties respecting this Agreement, including without limitation the Original
Agreement. All waivers of the provision of this Agreement must be in writing and signed by the
appropriate authorities of the City or of Owner. All amendments to this Agreement must be in
writing signed by the appropriate authorities of the City and Owner, in a form suitable for
recording in the Official Records of Orange County, California. Within ten (10) days following
the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official
Records of Orange County, California. Upon the completion of performance of this Agreement
or its revocation or termination, an appropriate Certificate of Completion acknowledging such
occurrence signed by the appropriate agents of Owner and the City shall be recorded in the
Official Records of Orange County, California.
9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section
65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties
concerning any improvements to the Property or in connection with the Project; and (c) Owner
shall have the full power and exclusive control of the Property subject to the obligations of
Owner set forth in this Agreement.
9.4 Incorporation of Recitals. The Recitals set forth in Section I of this
Agreement are part of this Agreement.
9.5 Captions. The captions of this Agreement are for convenience and
reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this Agreement.
9.6 Consent. Where the consent or approval of a party is required in or
necessary under this Agreement, the consent or approval shall not be unreasonably withheld.
9.7 Covenant of Cooperation. The parties shall cooperate with, deal with
each other in good faith, and assist each other in the performance of the provisions of this
Agreement.
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
19
11 0-23
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with written notice of such state or federal restriction, provide a copy of
such regulation or policy, and a statement of conflict with the provisions of this Agreement. The
parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation. Thereafter,
regardless of whether the parties reach an Agreement on the effect of such federal or state law or
regulation upon the Agreement, the matter shall be scheduled for hearing before the Council.
Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The
City Council, at such hearing, shall determine the exact modification or suspension which shall
be necessitated by such federal or state law or regulation pursuant to Government Code Section
65869.5. At the hearing Owner shall have the right to offer oral and written testimony.
9.10 No Reliance By One Party On The Other. Each party has received
independent legal advice from its attorneys with respect to the advisability of executing this
Agreement and the meaning of the provisions hereof. In addition, the provisions of this
Agreement shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
9.11 Arms Length Transaction. Each party represents and warrants to the
other the following: it has carefully read this Agreement, and in signing this Agreement it does
so with full knowledge of any rights which it may otherwise have, and it has freely signed this
Agreement without any reliance upon any agreement, promise, statement or representation by or
on behalf ofthe other party or its agents, employees, or attorneys, except as specifically set forth
in this Agreement, and without duress or coercion, whether economic or otherwise.
9.12 Recording. The City Clerk shall cause a copy of this Agreement to be
recorded with the Office of the County Recorder of Orange County, California, within ten (10)
days following the effective date of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of
Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. NS-2677,
authorizing such execution, and by Property Owner.
Dated this 7th day of March, 2005.
THE CITY OF SANTA ANA
By
DA VID N. REAM
City Manager
(signatures continued on next page)
20
11 0-24
Approved as to Form:
By
(signatures continued from previous page)
Joseph W. Fletcher
City Attorney
MAIN STREET CONCOURSE LLC,
a California limited liability company
By: Its Development M)lB1ger,
BDC LLC, / i
a CalifOmi~}in'iiJl"i71iability company
/A
/'./ ,
By: /// 0
/ R9o'ert H. Bisno, Its Manager
&
21
11 0-25
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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~ Description of Attached Document g
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~ Document Date: (~\.A.,,",~' 4- nro r Number of Pages: ~ 3
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Cl1999 National Notary Association. 9350 De Sato Ave., P.O. Box 2402. Chalsworth, CA 91313-2402. www.nationalnotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
11 0-26
EXBIRIT "A"
LEGAL DESCRlI'TION
All that ce.r.tain land situa.ted in the St:am of CaIifotni&, COWlty ofOraDgC, City Of'Sl"(].b. Ana., described u fuUQW'S:
PARCEL A:
'The Nortb.:r1y 100.00 feet of that portion of the land allotted to Abel Stearn, ~ des:n"bed in the fi.u:ll de~ee of
partitiao of the Ra.oc:ho Sa.cti~go De Smta Ana, whicb. Vw-a.s entered September 12. 1868 io. ~Jc "':8" page 410 of
fudgment:1 of the District Court of the 17~ Judici2.l District in and for Los Ao.gelcs Cowty, California., descnoed as
"roUOW3:
CommC'OCLng at the intmeetiem of the Easllio.e 'of North Main. Street, ~ ui.d East line existed on 1ewry 10, 1922,
1'Iith the South line ofScetion 31, TO';l,'J1sbip 4 South, ltangc 9 Wert, San Beroardino Meri~n; thecce North on the
East 1i.l1e ofsa.id Main Street 150.00 feet; thence EaJt pa.r:al1e.l to thc Soutb.IiD.e ofs4icl sectiocl45.2S fe=!; theoce
South 150.00 feet; thence West 145.25 feet to the point ofbeg:imxiDg.
EXCEPTING therefrom the Westedy 31.00 fe~ thereo~ as grwted to the City of SlJ2tr. Ana by deed r:ecordcd JW1e
15,1970 in book 93 [6. P. 748 ofOffici~ ~ords ofOnnge County, CallfOIllia.
PMCELB:
'I1:Le Southerly 50.00 feet of that portion of the J~d allotted to Abel Stea.rn, as descnbed i."l the final decree or
partition oC the lW1cbo Santi2.,"'O De Suta &Ja., which W3.3 cntm:d Septt:mber 12. 186& in book "B" page ~10 of
1u.dgmcn.t.! crf the District Coart of the 1"" Judicial District La. and for Lo! Angeles Cou!Ity, California, d~$cn"bed as
(ollows.:
COmmc:Dciog at the: intet'S~tion of the E23t line of North Miln Strc..-t, ~ said East I.inc exis.ted OD. Iuuary 10, 1922,
with" the South line ofSccnon 31, Township 4 South. Rmge 9 West, &n Bernardino Meridian; thetIc:'C North 011 tha
East lio.e of said M!.in Street lSQ.OO feet; thence East parallel to the South liDe of said section 145.25 ~ thc:ncc
South 150.00 feet; thence West [45.25 feet to the point o!begioning.
P A.RCEL C:
That portion of &ction 31, Township 4 South, Range 9 West allotted to Abet Ste:uU, u de3cribed i.:l. the final decrce
of p.rtitiOQ of the R.uicbo SaIltis.go De Santi Am, wb.ieh wu en~red ScpfetDb<< 12, 18GB in book liB" page 410 of
ILtdgm:.nts or the District Court of the 1 of' Judicial District in .~..:'1d for Los Angeles Coun..')', ~1ifon:ria, de3c:n~d as
folloW'3: "
Begi.ccing at the Northwest cm-aet of land formc:rly or G. W. Van~ rw:ning t.iel1ce North 10.50 caams to lhe
Soutb.\Vl:.St comer of la.od fo.mle'rly of 1. M. King; the:r...e East 2S .23 chains to the Southeast earner of said land oC J.
M. Kiag: the:nce South 10 clui.cs to the township li.ac. Uld theoce West aIO'Ilg the Township line to the point oE
Ix:gioIl.ing, ll:1d being io the Southwest quarter of Section 31, Towoship 4 South, Rs."lte 9 Wt:!!.t. San Bernardioo
&se 2l1d Mctidian.
EXCEPTING therefrom. the East 6 aere3.
ALSO EXCEPTING ther:from th: followlog:
Begioning at the iatz:tsection of the East line of North Main S~t, wit!1 the South line ofSeetion 31, ToW'1Uhip 4
South, ~ 9 West, San Bemardina Ba.se and Meridi1:'1; ru:ming tb.etl.Ce North on th: East tine of North Main
Stted 15.0.00 feet; mccce EaJt ptnlle110 the South tiDe at $3.id Section 31, 145.25 feer~ the:nce South J~.OO feet;
thence WC&t 145.25 feet to the point ofbeeimUng.
F:\U.CA!.~ILn-VMS'O I OZtIdocIG,..Q( I>eeUo<:
11 0-27
31e 277 0846
PP.GE.04
:~...
ALSO EXCEPTING a strip of la:1d along the: Southerly line of ~aid land as grwcd to County of Orange by. deed:
m:orded December"g, 1937, in book $lIS, page 422, re:ords ofOr::zoge County, described as follows:
BeginoiIlg :at th:: Southwest comer of that ~re.m pro~ d.esctibed in deed to J. t\. Eagel and Don A. Engel
recorded in book 683, page 337 of Official Recottb o! Or.mge County, California. and tumLing ther.ce from said
point of beg:iIming al0U8 the Northerly city limit:! of th: City of Sub Ana, South 8.1. 39' SO" West, a r.tdius of
140.30 fee~. a radial1i.ne from said poi:txt in $aid ctlrVC bem SoltJ129~ 41' 40" ~t; thence Northeasterly aloog ~d
cum:, through a. central ~ngle of25. 59' 00",63.63 .feet to a line t:mt'..n~ thence North. 86111 11' 20" East, along said
tangeDt line, 392.9G feet, more or less, to & point in the West line of the aboo.-e-mencOOl:d prope:tty desaibed in deed
to I. A. Engel and Don. EDgel, which point bears North IG 30' 20" East, 33.04 feet :froro the point 0(' beginningj
-thence South 1030' 20"We9t, 33.04 ~ along said West lin~ to the.p~t ofbegin.o.ing. .
PARCEL D:
That portion of Lot 7 ofTnct No. 721, as shown 0'0. a reap reco~d in booJe 22, page 4 (If Miscellancous Maps,
m:ord! of Orange COUJl.t)', Califomia, described u follo?'S:
BegInning at a poirrt in the Northerly li1:le of!aid Lot 1 dutant thetCQQ South SSG 28' West 242.01 fect (rom the
Northeut comer ofsa.id Loc 7, aod running thence Southwestctty along. cutVc. ~vr: S01l.thustcrly and having 8
ndi.u.s of250 feet,. a. udial lme through said point ofbegin.ubg besting South 30G 25' F:.a.st, a disl3nce of 86.39 feet
to a point of reverse cUrve, thence Southwesterly alo~ said curveJ coo.ca.v: North~.erly and hAvio: a radiw of
203 feet, a distll.ace of 11.05 f~ more or les.$, to a. point t1fhic:h i$ 104.99 feet Northeostaly, musured along said
curve from the SolItheut comer of Lot 6 ofnid Tract No. 721; thence Nor.h 06 4S' Ea.rt, pmUe1 ~th the EulerJy
lino 0{ said Lot 6, 97.95 feet to a point in the Northerly lil1= of said Lot 7 whicb is distLnt thereon NoIth 88- 28' East
100.08 from the No~t comer of said Lot 6; thence North 880 28' East atoug said Nortbetly line 118.40 feet to
the pomt ofbeginDL"lg.
PARCEL E:
Lot 5 ofTnct No. 721. as sho'WIl on a map recorded in book 22. page 4 ofMis~tllneous Mips. records ofOm1ge
County, California.
PARCEL F:
nut portico. of Lots 1,3 and 4 in Brock A of tract No. 315 3.:5 sbown on' a fI'l.1p recorded in boole: 14, page 49 of
MisceU&UeQ\19 Maps ofsaid CO"UD't)', together v.i.th th%t, po;1:iOa of Lots 1,2,3,4, 6 ~ 7 of1netNo. 721 as shown
00. a map recorded in book 22, page 4 oCMUcc:Uaneo\u Map3 oCsaid Cotmty..said portions lyiDg North.erly ofibc
following &scribed line:
BeginciDg at a poi:ot in tl1~ Southedy lln~ of Lot 2, Bloc\-: A of uid Tract No. 315, dutl'tot South 89G 27' 02" Eas~
66.00 feet from the c:eu.tectine of Main S1r::ct~ thence North JO OS' IS" East 71.00 feet to a line disU.nt 71.00 feet
NorthecIy froal aDd ~ at righ.t angles to said South lint; thca:c pmIlel with the Soudl lie of aaid I.ots South
89.27' 02" Ea3t, 274.27 feet to the begincing ofa tl:1gent curve eooea"'e No"t'tMrly haviog a ndiu:s of 933.00 feet;
tbCl:ce Ea.sterly along uid curve through a eeetral attgle of 6~ 30' 13" an arc le:ogth c:f 105.90 feet to & point of
revmc curve coac.a.ve SOU!berly, having a nd.iIU of GO.OO feel; tb.en.c:e Easterly along 51\id CUI\'e through a central
angle of 13# So' 10'" an arc length of 14.60 fc~ tl:.euce taagent to said curve South 820 00' 59" East, 33.91 feet to
the bcginning c.f a tangent curve conc~ve Northerly, b.1vio.g a ndiw of 42.00 feet; then~ EaJtl:rly aloag said curve
through a central ~k of 17G 35' 00" an arc length or12.89 feet to II. point of compound. c:urve, concave Northedy,
hlvillg I. ndiu.s of946.00 feet; ~eQce wo:rly alont said curve t!:1rougn a cent:r3l ::z~te or 1 ~ 41' 41", an are length
of 29.65 feet; the.oce North. 23" 48' 48" East, 27.78 feec;" thence North 74.25' 4S" ~e, 51.73 feet; theuce Solrth 680
14' 13" East, 21.12 feet to the bcgi.tu:.tng of'a cur.rc conave nartb.erly baYing a t'3dilJ~ ofS'35.00 feet; thenee Ea.~tl:rly
along said curve through a <:c.n.tn.t ClgJe or 1" 43' 35" l.D. arc let:gth of28. t 7 fe::t; the.nee t:aagect to said curve North
71 0 38' 39" East, '3.06 feet to the North line of said Lot 7, Tract No. 721; thence atong Slid North lic.e North 88-
48. 12" East, 158.23 feet 10 th.e North 1iDe of Owec.s Drive as shown on map of record of survey filed in Record of
F;\LE"C 1\.l.11It.ENl!MS'.Q I 0211d<<1O",nt Oo:d.~~
11 0-28
310 277 0845
PAGE. 05
J~_ 31 22e3 15:47
Surveys, boo~ 10, p:1ge 21, ~cds o{'said County being. point in. carve CODC.1.V'e Sc0uthe:a3ter1y luvinz a ndrus of
250.00 feet; said we ,be.1l be ~cended Westerly, to iutmect the West line of'said Lot 1.
EXCEPTING therefrotn that poction of'said Lot 1 in Bleck A o(Ttact No. 315 lying We5taly of a line panllel with.
and 66.00 feet East of the cetltaline of Mtin Serm as &hewn OD said map atTract No. 31 S.
'ALSO EXCEPTING th<:.refrom that portion of said Let 1 in Block A of Tract No. 315 enclosed ",thin a triulgular
51uped area bounded Westerly by the South 25.00 feet of ~id liDe 6<i.OO feet Ea.,t of Main Street c:enta'l.iDe;
bounded Southerly by the We:rt 25.00 feet oftbe line first above d=cn"bcd having a bi:3riDi and distanco of South
89" 27' 02" Eaat, 274.2.7 r~t; and. boUl:l.ded No~uterly by & straight 1ia.c coooccting tl1e North 2JId East and points
. of-said bolmdary lioe.s.
r :\UGAI. \Flt.I:Nl..."'dS14I C21Idoc:\C_~ tleed. doc
JUl 31 2e23 15:47
11 0-29
3Hl 277 0846
PAGE.e6
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EXHIBIT C
Public Art Locational Plan
1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is
required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed
to by the City's Planning Commission and Owner) to be placed along Main Street at one or
two major entrances to the Project, with the final location to be determined as specified in
paragraph 2.5 of this Agreement. The public art should invite participation and interaction,
inspire, add local meaning, interpret the community by revealing its culture or history, and/or
capture or reinforce the unique character of the new place. A comprehensive Public Art Plan
indicating compliance with this requirement, and which proposes specific pieces of art for
specific locations or applications, shall be submitted to the Planning Commission prior to the
completion of the project's first phase. All public art approved by the Planning Commission
in the Public Art Plan shall be completely installed as provided in paragraph 5.8.1 of this
Agreement. Review and approvals required by the Planning Commission pursuant to
sections 5.8, 5.8.1 or this Exhibit C may be delegated to a committee of same duly
constituted pursuant to the Planning Commission's bylaws.
2. Art should be sited to complement features such as plaza or architectural components so that
the art is an integral part of the development site.
3. Public art should be constructed using durable materials and finishes including but not
limited to stone or metal.
4. No art piece provided pursuant to the public art requirement shall include advertising of any
type, including but not limited to products, services or businesses.
5. All public art provided pursuant to the public art requirement shall be properly maintained at
all times, be free of any graffiti and shall not incorporate any flashing or distracting form of
illumination.
6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the
project site and may not be removed without the approval of the Planning Commission.
7. Expenses Not Allowed from Art Allocation
1. Expenses to locate the artist (e.g., airfare for artist interviews, etc.)
II. Architect and Landscape Architect fees.
iii. Landscaping around a sculpture that is not included as part of the artist's sculpture
furnishings, including, but not limited to, functional structures, prefabricated water or
electrical features not created by the artist, and ornamental enhancements.
IV. Utility fees associated with activating electronic or water generated artwork.
v. Lighting elements not integral to the illumination of the art piece.
11 0-32
VI. Publicity, public relations, photographs, educational materials, business letterhead
or logos bearing artwork image.
Vll. Dedication ceremonies, including sculpture unveilings or grand openings.
8. To be eligible, the proposed work of public art shall not be:
i. a mass produced object from a standard design;
ll. a reproduction, whether produced by mechanical or other means, of an original work
of art;
iii. elements of building, designed by the building's architect, as opposed to a public
artist commissioned for the express purpose of creating a unique work of public art;
nor
iv. a water feature, in whole or in part.
11 0-33
Development Agreement No. 04-04
EXHIBIT D
Phasing Plan
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11 0-34
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Public Improvements
Improvement
Location
Install a traffic signal
Lawson and Memory Lane
Install a crosswalk and associated traffic signal
Memory Lane and Crescent
Construct new cub, gutter and sidewalk
Property frontage of Lawson Way
Construct new sidewalk
Property frontage of Memory Lane
Replace damaged curb, gutter and sidewalk
Property frontage of Main Street
Street light installation
Property frontage of Lawson Way
Repave from centerline to edge of gutter
Property frontage of Lawson Way
Underground all existing overhead utility lines
Along property frontage of Memory Lane
EXHIBIT E
110-37
Development Agreement No. 04-04
EXHIBIT F
Residential Tower Study Area
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11 0-38
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS RENEWAL FOR
24-HOUR EMERGENCY ROAD SERVICE
(SPEC. NO. 04-005)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~
f2/&2
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Renew the contracts for 24-hour emergency road service for a one-year
period in the following annual amounts not to exceed:
Vendor:
Location:
Amount:
parkhouse Tire, Inc.
Pete's Road Service, Inc.
Tarulli Tire, Inc.
Santa Ana
Santa Ana
Santa Ana
$10,000
$20,000
$10,000
DISCUSSION
The City's Fleet Maintenance Division is responsible for the
maintenance and repair of over 800 City vehicles including fire trucks,
police vehicles, construction equipment, sweepers and light and heavy-
duty trucks and sedans. Fleet Maintenance offers a full tire service
to install new tires and repair flat tires. In order for Fleet
Maintenance to perform these duties, outside contractual 24-hour
emergency road services are needed.
On March 1, 2004, the City Council awarded contracts for 24-hour
Emergency Road Service to Santa Ana vendors Parkhouse Tire, Inc, Pete's
Road Service, Inc. and Tarulli Tire, Inc. for a one-year period, with
provision for two 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
first renewal of the contract.
22A-1
CS 383
Contracts Renewal for 24-hour Emergency
Road Service (Spec. No. 04-005)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available in the Finance
Fleet Maintenance, Maintenance and
account (account no. 75-111-6281).
and Management Services Agency's
Repair of Machinery and Equipment
.~\\~;\.~ d~^-<" ~~'. \2..,.
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
~FG/KM/04-005-R.2:li
22A-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
CONTRACT AMENDMENTS FOR
OFFICE FURNISHINGS
(SPEC. NO. 04-083)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
I
apa
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Amend the contracts for the purchase of office furnishings based upon
the U. S. Communities and County of Orange contracts for furniture by
$24,000 for a total aggregate amount not to exceed $111,500 with the
vendors as follows:
Haworth, Inc.
McMahan Desk
School Specialty
Virco
Steel case (Tangram Interiors)
Herman Miller, Inc.
DISCUSSION
In order to maintain a high-quality work environment, the City of Santa
Ana occasionally purchases various office furnishings items such as
desks, modular and computer workstations, seating, filing cabinets,
storage cabinets, bookcases, and ergonomic keyboard platforms with
articulating arms. The recommended action will allow the McFadden
Library Learning Center to purchase folding tables and chairs, and the
Santa Ana Jail to replace existing tables.
U. S. Communi ties recently awarded contracts for furniture with
manufacturers such as Haworth, Herman Miller, Inc., School Specialty,
Steel case (Tangram Interiors), and Virco. The County of Orange has a
contract with McMahan Desk, a dealer that represents various
manufacturers such as: Ergonomic Comfort Design (ECD) , McDowell-Craig,
WorkRite, Hon, and HumanScale.
The City Council adopted Ordinance No. NS-2312 authorizing
purchase against contracts with other government agencies
competitive bid process. The recommended vendors for the
furniture were awarded contracts as a result of open,
bidding, and meet the City's requirements.
the City to
utilizing a
purchase of
competitive
22B-1
CS 383
Contracts Amendment for Office Furnishings
(Spec. 04-083)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available in the various departmental Non-Consumable Items
and Capital Equipment Items accounts (object codes -6341 and -6641).
~~~~~A~ ~.~'-~~
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
jt" .)
FGjTOj04-083-A.2:li
22B-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
CONTRACT AWARD FOR
RENOVATION OF RESTROOM FACILITIES
(SPEC. NO. 05-001)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
f#"
f21;f}&z
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to De La Securar Inc. to
facilities at Centennial Regional Park and at
Prentice Park in the amount of $101r719.
renovate the restroom
the Santa Ana Zoo at
DISCUSSION
The Parks r Recreation and Community Services Agency is upgrading the
restroom facilities at Centennial Regional Park and at the Santa Ana Zoo
at Prentice Park. The restroom facilitiesr which were constructed over
23 years agor have slowly deteriorated and require renovation. The
renovation will include the installation of new doorsr toiletsr
countertops r faucets r sinks r and hand dryers. In addi tionr damaged
plaster and ceramic tile will be repairedr and the restroom facilities
will be steam cleaned and painted.
The notice inviting bids was advertised on January 10 and 12r 2005r and
bids were solicited. A summary of the bid invitations and bids received
is as follows:
10 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
2 Bids received
22C-1
CS :383
Contract Award for Renovation of
Restroom Facilities
(Spec. No. 05-001)
March 7, 2005
Page 2
Bids were received, opened on February 1, 2005, and evaluated. The bid
received from De La Secura, Inc. is responsive to the specification.
Bid results are as follows:
Bidder:
Location:
Amount:
De La Secura, Inc.
Service 1st
Orange
Tustin
$101,719
$104,999
FISCAL IMPACT
Funds are available in the Parks, Recreation and Community Services
Agency's Special Revenue Fund Special Fees and Donations, Other
Contractual Services account (account no. 22-231-6291); and the
Recreation and Community Services Facilities Maintenance Other
Contractual Services account (account no. 11-260-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
erardo Mouet
Executive Dir
Parks, Rec. &
&
GM/WO/05-001.8:li
J
Svcs. Agency
. \~ '
':\. \~~~ }~~ :0
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22C-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
CONTRACT AWARD FOR
INSTALLATION OF
DAMAGE RESISTANT DOORS
(SPEC. NO. 05-003)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
,
(, /}i
" I //-
/d_- ...;;h 2--...
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Commercial Door of Orange County, Inc. to install
damage resistant doors at the Salgado Recreation Center in the amount of
$18,843.
DISCUSSION
The Parks, Recreation and Community Services Agency is renovating the
Salgado Recreation Center, which opened in 1997. The Center provides
various recreational activities, presentations, and special events for
the community. Due to high pedestrian traffic, the doors leading into
the basketball courts have deteriorated severely and, as a result, the
door alarm sensors no longer operate. The installation of damage
resistant doors, which are built to withstand high pedestrian traffic,
will reduce maintenance costs and will allow the building alarm system
to function properly.
,.
The notice inviting bids was advertised on January 10 and 12, 2005, and
bids were solicited. A summary of the bid invitations and bids received
is as follows:
17 Invitations For Bid mailed
2 Invitations For Bid mailed to Santa Ana vendors
3 Bids received
1 Bid received from a Santa Ana vendor
Bids were received, opened on January 18, 2005, and evaluated (Exhibit
1). The bid from Commercial Door of Orange County, Inc. is responsive
to the specification.
220-1
CS 383
Contract Award for Installation of Damage
Resistant Doors (Spec. No. 05-003)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available in the Recreation and Community Services Facilities
Maintenance, Other Contractual Services account (account no. 11-260-
6291) .
Gerardo Moue
Executive Di
Parks, Rec.
APPROVED AS TO FUNDS AND ACCOUNTS:
Svcs. Agency
i%~CIJ u ~.~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
dGM/WO/05-003.
220-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR INSTALLATION
OF DAMAGE RESISTANT DOORS
(SPEC. NO. 05-003)
Vendor
Commercial Door of
Orange County, Inc.
Location
Upland
Santa Ana
Labor/
Materials
Price
$18,843.00
Tax @ 7.75%
Included
Total
Cost
$18,843.00
1% Local
Vendor
Preference
($ 188.43)
EXHIBIT 1
220-3
Lawrence Roll
Up Doors, Inc.
Los Alamitos
$19,210.08
Included
$19,210.08
N/A
Patscheck
Construction
Costa Mesa
$26,280.00
Included
$26,280.00
N/A
220-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
f
CONTRACT AWARD FOR
NETMOTION WIRELESS MOBILITY
SOFTWARE AND MAINTENANCE
(SPEC. NO. 05-011)
Ma
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
--
FILE NUMBER
RECOMMENDED ACTION
Award a contract to CDCE, Inc. for NetMotion Wireless Mobility software
and maintenance in an annual amount not to exceed $17,367.
DISCUSSION
The Information Services Division (ISD) of the Finance and Management
Services Agency is responsible for providing wireless data
communication services and related infrastructure for Citywide use. To
ensure the highest possible quality mobile computing service, ISD
requires licensing of specialized wireless mobility software. The
software will provide centralized, flexible tools for managing
applications, devices, and users in a wireless network environment, and
allow ISD to have more complete control over the City's mobile
computing environment.
Current agencies utilizing wireless data include the Santa Ana Police
Department, the Santa Ana Public Library, and the Planning and Building
Agency. The Police Department uses wireless data communication to
provide mobile access in patrol vehicles and other computerized law
enforcement-related systems; the Library uses wireless data
communication to connect its bookmobile to the Library's management
software; and the Planning and Building Agency is in the early stages
of using wireless data communication to support field operations. In
addition, other agencies are currently developing computer systems that
will use wireless data communications for mobile access to their
systems.
-'
22E-1
CS 383
Contract Award for NetMotion Wireless
Mobility Software and Maintenance
(Spec. No. 05-011)
March 7, 2005
Page 2
The notice inviting bids was advertised on February 2 and 4,
bids were solicited. A summary of the bid invitations
received is as follows:
2005 and
and bids
3 Invitations For Bid mailed
2 Bids received
Bids were received and opened on February 16, 2005. The bid received
from CDCE, Inc. is responsive to the specification and meets the City's
requirements. Bid results are as follows:
Vendor:
Amount:
CDCE, Inc.
Intelligent VAR Technology
$17,367
$18,285
FISCAL IMPACT
Funds are available in the Communication Services Computer Software
account (account no. 102-171-6661).
~\\~~'\.>,r ~="' ~...~
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
~
FG/TO/05-011.2:
22E-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
FIREFIGHTER HELMET SHIELDS
(SPEC. NO. 05-012)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
i
QAa
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Firefighters' Safety, Inc. for the purchase of
firefighter helmet shields in an annual amount not to exceed 12,411.
DISCUSSION
The Santa Ana Fire Department requires firefighter helmet shields to
identify fire suppression personnel in the performance of their duties.
Helmet shields are the identifying component that are affixed to
firefighter helmets. The Fire Department is in the process of
replacing its current inventory of fire helmets. The recommended
action will allow for the purchase of the firefighter helmet shields
necessary to enhance the replacement fire helmets and to identify fire
suppression personnel.
The notice inviting bids was advertised on February 2 and 4,
bids were solicited. A summary of the bid invitations
received is as follows:
2005 and
and bids
6 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
4 Bids received
Bids were received and opened on February 16,
bid received from Firefighters' Safety, Inc.
specification and meets the City's requirements.
2005 (Exhibit 1).
is responsive to
The
the
22F-1
CS 383
Contract Award for Firefighter Helmet
Shields (Spec. No. 05-012)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are aVa,~lable in the Fire Department's
Supplies acc0~~t ( ccount no. 11-327-6391).
/ '
7' /
, I
./ /' .'
/ "
,,<
Operating Materials and
APPROVED AS TO FUNDS AND ACCOUNTS:
~ \\.c.'\.\~~\;:-. C' 1.) \ .~ : _-/
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
O/05-012.3:li
22F-2
ABSTRACT FOR BIDS - 05-012
FIREFIGHTER HELMET SHIELDS
BIDDER:
FIREFIGHTERS'
SAFETY, INC.
SAM BROWN "SHIELDS"
TERMS:
LOC:
NET 30
SANTA FE SPRINGS, CA
NET 30
NICHOLASVILLE, KY
HELMET SHIELD
SILVER MEDALLION: $10,078 $11,818
HELMET SHIELD
GOLD MEDALLION: $ 393 $ 480
7.75% TAX: $ 812 $ 953
CONTINGENCY: $ 1,128 $ 1,325
TOTAL: $12,411 $14,576
BIDDER:
ALL STAR FIRE
EQUIPMENT, INC.
PHENIX TECHNOLOGY
CORP.
TERMS:
LOC:
NET 30
ARCADIA, CA
NET 30
RIVERSIDE, CA
HELMET SHIELD
SILVER MEDALLION: $10,353 $11,600
HELMET SHIELD
GOLD MEDALLION: $ 415 $ 453
7.75% TAX: $ 835 $ 934
CONTINGENCY: $ 1,160 $ 1,299
TOTAL: $12,763 $14,286
SUMMARY OF BID AWARD:
TOTAL AWARD AMOUNT NOT TO EXCEED:
FIREFIGHTERS' SAFETY, INC.
$12,411
EXHIBIT 1
22F-3
22F-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
CONTRACT AWARD FOR
FIRE HELMETS
(SPEC. NO. 05-013)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
I
aa{Z.
CONTINUED TO
--
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Allstar Fire Equipment, Inc. for the purchase of
fire helmets, based on the Orange County Fire Authority's contract, In
an annual amount not to exceed $55,000.
DISCUSSION
In an effort to protect fire suppression personnel in the performance
of their duty, the Fire Department Maintenance Section provides fire
helmets for head protection. The California Occupational Safety and
Health Administration (CalOSHA) and National Fire Protection Agency
(NFPA) mandate minimum standards for head protection. In compliance
with the National Fire Protection Agency (NFPA) requirements of five-
year service life, the Fire Department has established a replacement
schedule. The majority of the fire helmets in current use is scheduled
for replacement, or requires replacement due to exterior shell damage
and deterioration of the internal skull components.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase
against contracts from any public agency utilizing a competitive bid
process. The Orange County Fire Authority contract with Allstar Fire
Equipment, Inc. for fire helmets was awarded as a result of open,
competitive bidding, and meets the City's requirements.
22G-1
CS 383
Contract Award for Fire Helmets
(Spec. No. 05-013)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available in the Fire Department's Operating Materials and
Supplies acc nt (account no. 11-327-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
'\ \\tl~,y ., ~\~A :. >
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22G-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
CONTRACT AMENDMENT FOR
EMS EQUIPMENT MAINTENANCE
(SPEC. NO. 05-019)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
t2U~
CONTINUED TO
--
FILE NUMBER
RECOMMENDED ACTION
Amend the contract with Stryker Medical Corporation to increase the
aggregate limit by $10,000 for EMS equipment maintenance for an annual
amount not to exceed $20,000.
DISCUSSION
The Fire Department's Emergency Medical Services Division requires
ambulance cots to assist in the transporting of patients to and from
the emergency vehicle and final destination. New cots are covered by a
standard, one-year warranty upon purchase. Additionally, an extended
service maintenance agreement will allow for factory trained
technicians to inspect the cots for unusual wear and tear, and
defective parts, will provide for factory upgrades and will ensure
maximum service life of the equipment. The purchase of the extended
maintenance for the ambulance cots, when added to the vendor's fiscal
purchases will exceed the $10,000 aggregate total, and requires Council
approval. Staff recommends Council approval of an amendment to the
contract.
FISCAL IMPACT
Department's Fire Suppression/EMS,
(account no. 11-323-6291).
hi lip M.
,Firt Chief
l'P~j/TO/05-019-A.3'li
APPROVED AS TO FUNDS AND ACCOUNTS:
"\ \-'
'-:\~"'~,,~ ')').t' .' \~ (3 ,'- ~-
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22H-1
CS 383
22H-2
REQUEST FOR
COUNCIL ACTION
Ir1
~
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
DEFIBRILLATORS
(SPEC. NO. 05-023)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~
~/L.jj7t2~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to ZOLL Medical Corporation, for the purchase of 10
manual defibrillators based on the City of Newport Beach contract in
the amount of $258,550.72.
DISCUSSION
The Santa Ana Fire Department's Emergency Medical Services (EMS) uses
defibrillators in the performance of its duties. The Orange County EMS
regulates the paramedic services for Orange County, and has established
new standards for EKG testing in the field. As such, the Fire
Department is replacing its 10 defibrillators. The ZOLL biphasic 12-
lead defibrillator is responsive to the Fire Department and the Fire
Authority standards and protocols. The ZOLL model meets the City's
need, and staff recommends the purchase of the new ZOLL 12-lead
defibrillators.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase
against contracts from any public agency utilizing a competitive bid
process. The City of Newport Beach contract with ZOLL Medical
Corporation for 12-lead defibrillators was awarded as a result of open,
competitive bidding, and meets the City's requirements.
221-1
CS 383
Contract Award for Defibrillators
(Spec. No. 05-023)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available In the Fire Department Grants Metro Medical
Response System 2004 Grant Machinery & Equipment account (account no.
146-325-6641) for $191,293.21; Metro Medical Response System Grant
Machinery & Equipment account (account no. 146-323-6641) for
$47,339.00; and MMRS 2004 Grant Operating Material & Supplies account
(account no. 146-325-6391) for $19,918.51.
APPROVED AS TO FUNDS AND ACCOUNTS:
il~ip M.
\Fire / Chief
. I
tr;MG~/05-023.3'li
":..0-.~\~ \ ~.1 . ~ ,~, . ,'1/
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
221-2
REQUEST FOR
COUNCIL ACTION
~
~~
""1/ 'v:::"
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
MOTOROLA RADIO MODEMS
(SPEC NO. 05-024)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
?/
. /'
Cti,!fJ1 v2--------
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Motorola, Inc.
vehicular radio modems in the amount
$15,000 on the annual blanket contract.
for the purchase of Motorola
of $5,859.66; and an additional
DISCUSSION
The Parks, Recreation and Community Services Agency utilities
commissioned Park Rangers to patrol the City's parks and recreational
areas to improve safety and security in these areas. To enhance the
Park Ranger's ability to assist the Santa Ana Police Department in
emergency situations, the Parks Service is installing two Motorola
vehicular radio modems in the Ranger's vehicles to facilitate the
connection to the Police communications network. Only the Motorola
line of radio modems is compatible with the Police Communications
network. Motorola sells the product line through retail stores,
authorized distributors and direct sales. Staff has determined the
Motorola vehicular VRM-850, 800 MHz radio modem is a sole source
product with Motorola, Inc. and recommends the purchase of the radio
modems.
In addition, the City annually establishes blanket order contracts of
up to $10,000 with various vendors on a fiscal year basis. The
contracts facilitate purchases that are required on a recurring basis
and reduce the number of small value orders. However, the purchase of
the radio modems, when added to the vendor's fiscal purchases, exceeds
the $10,000 aggregate total, and requires Council approval. In order
for various agencies to continue using Motorola, Inc., staff recommends
Council approval of a blanket order contract.
22J-1
CS 383
-
Contract Award for Motorola Radio Modems
(Spec. No. 05-024)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available
account (account no.
Materials & Supplies
In the Parks, Recreations and Community Services
11-251-6391) for $5,859.66; and various Operating
accounts (object codes 6391) for $15,000.
~~v~v
Parks, Rec. & Comm. Svcs. Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~" \..Dt.D ~-\:.~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
~GM/KM/05-024.8:li
22J-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
CONTRACT AMENDMENT FOR
SWIMMING POOL EQUIPMENT AND
WATER TREATMENT CHEMICALS
(SPEC. NO. 05-026)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
If
,
/"\ /:} //
l~/Z1L f,/(//i tcC~'___ -"
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Amend the contract with Pool Supply of Orange County to increase the
aggregate limit by $10,000 for the purchase of swimming pool equipment
and water treatment chemicals, for an annual amount not to exceed
$20,000.
DISCUSSION
The City establishes an annual list consisting of vendors that provide
supplies and services that are required by agencies on a consistent
basis. Pool Supply of Orange County has been a provider of swimming
pool equipment and water treatment chemicals to the Parks, Recreation
and Community Services and Public Works Agencies. Pool Supply of Orange
County, a Santa Ana vendor, offers reliable service, competitive
pricing, and has consistently been the lowest responsive bidder on low
cost items.
During the past year, the number of swimming pool repairs has increased.
As a result, the demand for swimming pool supplies, including swimming
pool lights, parts and equipment required for pool repairs by the Parks,
Recreation and Community Services Agency, has also increased. As such,
staff recommends approval of the contract to allow for continuous
purchases of swimming pool equipment and water treatment chemicals.
22K-1
CS 383
Contract Amendment for Swimming Pool
Equipment and Water Treatment Chemicals
(Spec. No. 05-026)
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available in the various departmental Operating Materials and
Supplies accounts (object code 6391) .
''::\\\.C\\'\\.\:,'\ ~[" I., \}. \-:'L-,
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
y
FG/WO/05-026-A.2:li
22K-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
APPROVED
TITLE:
AMENDMENT TO AGREEMENT
A-2004-053 WITH ACCO
ENGINEERED SYSTEMS, INC.
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
\~
.
1/ /"'/1'/'7..
///( ,'/
~L ("-L"k/ // ,i..JU Cl-_
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Amend the agreement with ACCO Engineered Systems, Inc. for maintenance and
repair of air conditioning and heating systems by $25,000 for a total
amount not to exceed $90,000.
DISCUSSION
In April 2004, the City of Santa Ana entered into agreements with ACCO
Engineered Systems, Inc. and Aramark, Inc. for preventive maintenance and
repairs of air conditioning and heating systems at various City buildings.
These facilities include the Police Administration and Holding Facility,
the City Hall building and annex, Library, and Fire stations. The
contract includes general preventive maintenance service as well as
providing emergency repairs as necessary.
During the past year, the City incurred additional equipment repair costs
for refrigeration equipment and boiler repairs at the Police Facility. In
addition, there was an unforeseen replacement of a compressor, the
installation of a duct box, and repairs to the blast freezer. As a
result, additional funds are necessary to allow for continuous services.
FISCAL IMPACT
Funds are available in the various departmental Other Contractual Services
accounts (object code 6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
\ I ..
.' i h, <:l__
\.. :,- '- t '-..i
Paul M. Walters
Chief of Police
{(\~""~l. '~~:'L-
Francisco Gutierrez C~
Executive Director
Finance and Mgmt. Services Agency
;~ PMW/MG/A-2004-053-Amend.ACCO:li
~.,/
25A-1
25A-2
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
MARCH 7,2005
APPROVED
TITLE:
AGREEMENT FOR UASI COUNTYWIDE
STRATEGIC PLAN FOR TERRORISM
PREPAREDNESS
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
rf
~v~~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager, Chief
of Police and the Clerk of the Council to execute an agreement with URS
Corporation to develop a countywide Strategic Plan for Terrorism
Preparedness in an amount not to exceed $395,100.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the federal Department of Homeland Security,
through the State of California, Office of Homeland Security. This
initiative was designed to enhance the domestic preparedness of urban areas
by ensuring that all emergency first responders have adequate equipment and
systems to prevent, respond to and recover from acts of terrorism. The
grant provides total reimbursement to local agencies for equipment
purchases approved and authorized by the federal Office of Domestic
Preparedness.
The Department of Homeland Security (DHS) , through the Office of Domestic
Preparedness (ODP) , designated the cities of Santa Ana and Anaheim as Urban
Areas (UAs) under the FY 2004 Urban Area Security Initiative (UASI). Each
city has been awarded a grant to create a sustainable model for
preparedness to prevent, respond to and recover from acts of terrorism.
Although each city is a designated Urban Area in its own right, the cities
developed and submitted to ODP a joint grant strategy. Continuing in this
spirit of cooperation, the Santa Ana and Anaheim Urban Areas (UAs) are
working with the Orange Operational Area and are pooling resources to
develop a countywide strategic plan. This plan will accurately assess
vulnerabilities and gaps, and help develop effective strategies to fill
those gaps on a countywide basis by using existing and future grant funds.
258-1
Agreement For Countywide Strategic
Plan for Terrorism Preparedness
March 7, 2005
Page 2
In December 2004, the City issued a Request for Proposal to provide a
countywide Strategic Plan for Terrorism Preparedness. Requests for
Proposals were mailed to five vendors and advertised in the Orange County
Register on December 13th and 14th 2004. A total of five proposals were
received (Exhibit 1). A committee composed of representatives of the Santa
Ana Urban Area, the Anaheim Urban Area, and the Orange County Operational
Area reviewed each of the proposals. The proposals were evaluated on the
following criteria: responsiveness to the RFP, quality and number of
references, demonstrated ability to provide comparable services as
requested in the RFP, ability to meet the deliverable deadlines, financial
stability and resources, and cost.
The recommended vendor, URS Corporation received the highest percentage in
the scoring process, and met or exceeded the evaluation criteria.
FISCAL IMPACT
Funds are available in the 2004 UASI Grant Other Contractual Services
Account (account no. 125-331-6291-33105).
APPROVED AS TO FUNDS AND ACCOUNTS:
Q~l~
, .
--'\i"\j\\t' '\.. \.){~ A. :;;
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
"
r~~~_
Paul M. Walters
Chief of Police
Police Department
Agency
258-2
Agreement For Countywide Strategic
Plan for Terrorism Preparedness
March 7, 2005
Page 3
EXHIBIT 1
RFP Countywide Strategic Plan for Terrorism Preparedness
BIDDER
SCORE
PRICE
1. URS Corporation 88.5 $395,023
2. Tech/Knowledge, Inc. 83.5 $374,535
3 . Talon Executive Services 79.2 $918,000
4. ABS Consulting 65.8 $198,454
5 . Critical Incident Solutions 65.5 $384,304
258-3
-....-...
258-4
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AMENDMENT TO AGREEMENT WITH
SYSTEM INNOVATORS INCORPORATED
FOR COMPUTERIZED CASHIERING
SYSTEM AND HARDWARE MAINTENANCE
CULj;;,z- ----
CITY MANAGER
CONTINUED TO
vi
FILE NUMBER
RECOMMENDED ACTION
Amend the agreement with System Innovators Incorporated for one year in an
amount not to exceed $29,500 for computerized cashiering software and
hardware maintenance for the Finance and Management Services Agency.
DISCUSSION
The Finance and Management Services Agency; Parks, Recreation and
Community Services; and the Police Department use System Innovators'
cashiering related software and hardware to process the receipt of City
revenues. This includes payments for Municipal Utility Services bills,
business license tax, hotel visitors' tax, parking citations and all other
payments to the City. The recommended action will provide for the City to
continue its annual agreement with System Innovators to provide software
maintenance and updates, as well as hardware maintenance and repair.
FISCAL IMPACT
Funds are budgeted and available in the Finance & Management Services
Agency Treasury Division account (account no. 11-175-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~ \\f\'\ \\\S' \ ~ A) \....~ '- .
Francisco Gutierrez -
Executive Director
Finance & Management Services Agency
25C-1
25C-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
APPROVED
EXTENSION OF CONTRACT FOR
CUSTODIAL MAINTENANCE AT THE
DEPOT
D As Recommended
D As Amended
D Ordinance on 15t Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
)
,~
\
// ///~ 2-'
'~// ,f' /~/_"/'--/
l">"-'!/i:.t...-- ~ _<./ ..<"i.~.______
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an extension of contract A2003-009 with
L.A. Cha Maintenance Company for custodial services at The DEPOT for a
four-month period, in the amount of $36,800.
DISCUSSION
The DEPOT at Santa Ana is a regional transportation hub, combining AMTRAK,
MetroLink, Orange County Transit Authority, and other bus services with
office space for various State, County and City departments.
Additionally, the facility includes a five-story theme tower that houses
additional office space and conference rooms. Patronage at this facility
has escalated in recent years with well over one million persons served
annually. Therefore, a consistent and high-level of custodial service
must be maintained at all times in order to keep the facility clean and
attractive.
On December 6, 1999, the City Council awarded a contract to L.A. Cha
Maintenance Company (L.A. Cha) for custodial services at The DEPOT based
on a competitive bid process. Since that time, L.A. Cha has been
providing a consistently high level of service and has an integrated team
approach to ensuring a positive experience for our patrons. On
January 21, 2003 Council approved renewal of the contract with L.A. Cha
for an additional two-year term commencing March 1, 2003 and ending
February 28, 2005. Staff has been satisfied with the services of L.A. Cha
and recommends the extension of the existing agreement to June 30, 2005.
250-1
Management Agreement Extension
For Municipal Parking Garage
Operator in Downtown
March 7, 2005
Page 2
F:ISCAL :IMPACT
The monthly contract amount is $7,800, or $31,200 for the four-month
period. Staff also requests $5,600 to cover any additional services or
special cleanings that may be needed at the Depot. The funds for the
four-month extension are available in the FY 04-05 The DEPOT at Santa Ana
Maintenance and Repair, Building and Grounds account (account no. 67-615-
6241.
patricia C. Whitaker
Executive Director
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
'':-{ (\~~\\' ~ 'i~ ~ \t\.I.~ ~
Franci~co G~tierrez ~
Execut~ve D~rector
Finance & Management Services Agency
PCW:CKF:mr
250-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
AMEND AGREEMENT WITH
COMMUNICATIONS SUPPORT GROUP
FOR CABLE CONSULTING SERVICES
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
.;
'?-
("'; !i/) /}
i.~' j) J.j V,"_~
(CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment with Communications Support
Group, Inc. to assist the City with the cable television franchise
renewal process for an additional amount of $20,000 and a total amount
not to exceed $50,100.
DISCUSSION
Specialized planning and financial analysis is required for the cable
television franchise renewal process. These consulting services provide
strategic development, negotiation support, fact finding, and financial
analysis. Communication Support Group, Inc. has assisted over 20 cities
with their cable franchise renewals. On December 20, 2004 the City
entered into an agreement with Communications Support Group, Inc. to
finalize the franchise renewal. Due to unforeseen circumstances, the
negotiations have been prolonged.
The services provided under this agreement will assist the City in
completing the franchise renewal process. We anticipate finalizing the
renewal by the end of this 2004-05 fiscal year.
FISCAL IMPACT
Funds are budgeted and available in the City Attorney's Office budget
(account no. 11-031-6191).
APPROVED AS TO FUNDS AND ACCOUNTS:
-----
'\\\l\.l\\~-U.J:.' \ \. :t,
Francisco Gutierrez ~
Executive Director
Finance & Mgmt. Srvs. Agency
25E-1
25E-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR CONSULTANT
SERVICES WITH WATERS & FAUBEL
AND GLAAB & ASSOCIATES
/', /',
(l ~'2
/ ,'. ' ,
))L ut-....J' 00 <C~~ .~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement for public affairs and media
relations consultant services related to the City's efforts to ensure the
Fourth District Court of Appeals remains in Santa Ana in the amounts as
follows:
Consultant:
Waters & Faubel
Glaab & Associates
Amount:
$10,000
$10,000
DISCUSSION
For the last four years, the City of Santa Ana has been in negotiations
with the staff of the California Court's Judicial Council in order to
retain the Fourth District Court of Appeal in Santa Ana, the county seat.
Currently located in downtown Santa Ana, the court has outgrown its
present site. The City's proposal would relocate the court to the Civic
Center, directly across from the Federal Courthouse and wi thin close
proximity to the Superior Court and the county, state, and federal
administrative offices. In fact, all Appellate Courts are located in
county seats in order to take advantage of the central location and the
proximity to surrounding courthouses and other governmental facilities.
Recently, the University of California at Irvine has submitted a proposal
to the Office of the Courts to relocate the court to its campus. In
order to help ensure the Fourth District Court of Appeals remains in
Santa Ana, City staff has selected the consulting firms of Waters &
Faubel and Glaab & Associates for public affairs and media relations
associated with this issue. Both firms are based in Orange County and
will provide strategic counsel, issues management, and media and
community outreach.
25F-1
Agreement For Consultant Services
with Waters & Faubel and
Glaab & Associates
March 7, 2005
Page 2
FISCAL IMPACT
Funds are available in the General Non-Departmental, Other Contractual
Services account (account no. 11-012-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
--{ . \\ \~
'~\.~.L.J ~
Francisco Gutierrez C~
Executive Director
Finance & Mgmt. Services Agency
25F-2
REQUEST FOR
COUNCIL ACTION
~
~-"~f~,
~&UCallOn I.., ~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
VARIANCE NO. 2005-01 TO ALLOW A
REDUCTION IN SETBACKS FOR A NEW
OFFICE BUILDING AT 801 NORTH ROSS
STREET - HOSSEIN MALAKOOTI,
APPLIC/ ') /"2,
,~ ~~-
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Variance No. 2005-01 as
conditioned.
PLANNING COMMISSION ACTION
On February 14, 2005, the Planning Commission adopted a
approving Variance No. 2005-01 as conditioned by a vote of
abstained) to allow reductions of street setbacks for a
building in the professional (P) zoning district at 801
Street. The Planning Commission made no changes to the
conditions of approval outlined in the attached staff report
resolution
6: 0 (Nalle
new office
North Ross
recommended
(Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~~
St hen G. rding
Executive Director
Planning & Building Agency
PG:rb
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" .
31A-1
REQUEST FOR
Planning Commission Action
~
~
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
FEBRUARY 14, 2005
TITLE:
PUBLIC HEARING - FILED BY HOSSEIN
MALAKOOTI FOR VARIANCE NO. 2005-01
TO ALLOW A REDUCTION IN SETBACKS FOR
A NEW OFFICE BUILDING AT 801 NORTH ROSS
STREET
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Pedro Guillen
~~'7f!J'
Execu e Director
~
~ Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Variance No. 2005-01 as conditioned.
DISCUSSION
Request of Applicant
Mr. Hossein Malakooti is requesting approval of a variance to allow a
reduction in the front and side yard setbacks to facilitate the
construction of a new office building at 801 North Ross Street.
Property Description
The development site is a rectangular shaped vacant parcel of land
comprised of two lots measuring approximately 11,500 square feet, located
on the northeast corner of Ross Street and Civic Center Drive. The
property is located in the Professional (P) zoning district, which allows
medical, dental and professional office uses, and has a General Plan land
use designation of Professional and Administrative Office (PAO) with a
floor area ratio of 1.0. The surrounding land uses consist of government
buildings to the south and east, professional offices to the west and
residential to the north (Exhibits 1 and 2) .
Project Description
The proposed project involves the merging of two lots to allow the
construction of a new 2,660 square foot office building (Exhibits 3 and
4). A lot line adjustment is required and is currently being processed by
staff to combine the two lots. The office building will include 1,328
square feet of dental office space and 1,332 square feet for professional
office.
EXHIBIT A
31A-2
Variance No. 2005-01
February 14, 2005
Page 2
The parking requirement for medical office is six spaces for each 1,000
square feet and general office requires three spaces for each 1,000 square
feet of gross floor area for a total of 12 on-site parking spaces required
for this proj ect. As proposed the proj ect meets the on-site parking
requirements.
The architectural design of the building reflects a contemporary design
(Exhibits 5 and 6) with high quality materials and finishes. As proposed,
the exterior design elements of the building include a smooth stucco
finish, plaster cornice treatment, granite tile and marble, and lighting
accents. Additionally, metal canopies will be utilized as accents at the
primary entrances.
Analysis of the Issues
Professional zone development standards require all structures to maintain
a IS-foot setback along front yards and on side yards abutting a street.
The applicant's original proposal complied with all development standards,
including front and side yard setbacks. Staff analysis found that due to
the small lot size and corner location, the on-site circulation design was
not efficient and that the setbacks, in this location, resulted in a
building configuration that was not consistent with the existing
development pattern along Civic Center Drive. The variance will allow the
applicant to move the building to within three-feet of the property line
on Ross Street and Civic Center Drive.
Staff performed a survey of the existing front yard setbacks of nine
adjacent buildings along the north side of Civic Center Drive (Exhibit 7).
One building has an approximate setback of 25 feet, another has a IS-foot
setback and an additional building has a five-foot setback. The remaining
six buildings have zero setbacks, including the buildings immediately
adjacent to the east and west. Based on the survey, staff determined that
the best site design was to move the building footprint closer to the
property line to follow the existing pattern of development. By shifting
the building south, more space could be utilized to improve on-site
circulation and allow for easier vehicle flow entering and exiting the
site. As proposed, the building footprint will be consistent with the
existing development pattern and will result in positive impacts to the
neighboring properties.
31A-3
Variance No. 2005-01
February 14, 2005
Page 3
In conclusion, the proposed office building has been designed to be
compatible with the surrounding development. The project will comply with
all other development standards for the Professional zoning district.
Additionally, the project complies with the goals and objectives of the
General Plan by creating a new development which is harmonious in scale
and character with the existing pattern of development in the area and by
utilizing high quality design, materials, and finishes. Based on the
above analysis, staff recommends the Planning Commission approve Variance
No. 2005-1 as conditioned (Exhibits 8 and 9) .
CEQA Compliance
In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review per section 15303 (c) as the office
building does not exceed 10,000 square feet, and section 15305 (a), which
exempts setback variances that do not create new parcels. Categorical
Exemption Environmental Review No. 04-137 will be filed for this project.
~GU~~
Assistant Planner I
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SETBACKS
VA 05-1
HOSSEIN MALAKOOTI
801 NORTH ROSS STREET
PLANNING
AND
BUILDING
AGE N C Y
VA 05-1
EXHIBIT 7
31A-11
Variance 2005-01
February 14, 2005
Page 1 of 2
Findings of Fact
A. That because of special circumstances applicable to the subject
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
The development proj ect has special circumstances that warrant
the granting of a variance. The proposed building has setbacks
of three-feet from the front and street side property lines. A
survey of the existing front yard setbacks of the adjacent
structures along the north side of Civic Center Drive has
determined that the most immediately adj acent buildings have
zero setbacks. Additionally, due to the shape and size of the
lot, the denial of the variance would deprive the property owner
the privilege of constructing a quality office development. By
being compatible with the existing pattern of development, the
proposed yard reduction should not have a negative impact to the
existing street pattern.
B. That the granting of a variance is necessary for the preservation and
enjoYment of one or more substantial property rights.
The approval of this variance will allow the property owner to
utilize the property to the best extent possible and allow him
to construct a high quality office development. The
establishment of this structure is consistent with the
development pattern along the north side of Civic Center
Drive.
C. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of a variance will not be detrimental or injurious
to the surrounding properties. The new structure will be
aesthetically compatible with the surrounding properties within
the Civic Center, which offers a variety of office, government
service buildings and architecture styles. The proposed project
accomplishes Goal 2.9 of the General Plan Land Use Element,
VA 05-1
3 ;~~,~
Variance 2005-01
February 14, 2005
Page 2 of 2
supporting new development which is harmonious in scale and
character with existing development in the area and Goals 2.1
and 2.2 of the Urban Design Element, encouraging creative
architectural design and consistency with the existing pattern
of development.
The encroachment into the front and side yard setbacks will not
have a negative impact on the existing neighborhood character
and will provide architectural design that will follow the
existing pattern of development. Goal 2.7 of the Urban Design
Element states projects must exhibit a functional, comfortable
scale in relation to the neighborhood; the compatible setbacks
of the structure with the existing structures along the north
side of Civic Center Drive will accomplish this goal.
D. That the granting of a variance will not adversely affect the General
Plan of the City.
The variance will not adversely affect the General Plan as it
will be consistent with the goals and policies expressed in that
document. Additionally, Office is a permitted use in the
Professional zoning district. Goal 3.5 of the Urban Design
Element Policy Plan is to encourage projects that are consistent
wi th the arc hi tectural character of the neighborhood. The
office building will be architecturally compatible with the
existing pattern of development. The structure has been
designed to provide architectural consideration and articulation
and the encroachment of the structure into the front and side
yard setback will not negatively impact the existing pattern of
development along the north side of Civic Center Drive.
31A-13
FEBRUARY 14, 2005
PAGE 1 OF 1
Conditions for Approval
Variance No. 2005-01 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, with all applicable sections of
the Santa Ana Municipal Code, the California Administrative Code, the
Uniform Fire Code, the Uniform Building Code and all other applicable
regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below
throughout the life of the variance. Failure to comply with each and
every condition may result in the revocation of the variance.
A. Planning Division
1. The proj ect shall remain in compliance with Site Plan Review
DP No. 2004-42.
2. Prior to issuance of building permits, Lot Line Adjustment No.
2004-03 must be approved and a new grant deed recorded.
3 .
Prior to issuance of building permits, elevation accents
surrounds including, but not limited to decorative stone
building light fixtures, shall be subject to review
approval by the Planning Manager.
and
and
and
4. Prior to issuance of building permits, a revised landscaping
plan, which includes decorative paving at southwest corner,
shall be submitted for review and approval by the Planning
Manager.
5. Prior to issuance of Certificate of Occupancy, bumper guards
shall be provided for 90-degree parking stalls to prevent
parked vehicles from intruding into any landscaped area.
6. Signage will be subj ect to separate review and approval and
must meet all the standards of sign code Sections 41-850
through 41-1000 of the Santa Ana Municipal Code.
VA 05-1
31){~1'~ 9
KO -2/23/05
RESOLUTION NO. 2005-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2005-01 TO ALLOW A REDUCTION IN THE FRONT AND
SIDE YARD SETBACKS FOR THE PROPERTY LOCATED
AT 801 NORTH ROSS STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Variance 2005-01, for a reduction in the
front and side yard setback requirements to facilitate the construction of a
new office building at 801 North Ross Street.
B. Variance No. 2005-01 came before the Planning Commission on February
14,2005 for a duly noticed public hearing.
C. The Planning Commission determines that for Variance No. 2005-01 the
following findings, which must be established pursuant to Santa Ana
Municipal Code Section 41-638 in order to grant a variance from the
provisions of the Santa Ana Municipal Code, have been established:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
The development project has special circumstances that
warrant the granting of a variance. The proposed building
has setbacks of three-feet from the front and street side
property lines. A survey of the existing front yard setbacks
of the adjacent structures along the north side of Civic
Center Drive has determined that the most immediate
adjacent buildings have zero setbacks. Additionally, due to
the shape and size of the lot, the denial of the variance
would deprive the property owner the privilege of
constructing a quality office development. By being
compatible with the existing pattern of development, the
31A-15
Resolution No. 2005-04
Page 1 of 4
proposed yard reduction should not have a negative impact
to the existing street pattern.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The approval of this variance will allow the property owner to
utilize the property to the best extent possible and allow him
to construct a high quality office development. The
establishment of this structure is consistent with the
development pattern along the north side of Civic Center
Drive.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
i. The granting of a variance will not be detrimental or injurious
to the surrounding properties. The new structure will be
aesthetically compatible with the surrounding properties
within the Civic Center, which offers a variety of office,
government service buildings and architecture styles. The
proposed project accomplishes Goal 2.9 of the General Plan
Land Use Element, supporting new development which is
harmonious in scale and character with existing
development in the area and Goals 2.1 and 2.2 of the Urban
Design Element, encouraging creative architectural design
and consistency with the existing pattern of development.
ii. The encroachment into the front and side yard setbacks will
not have a negative impact on the existing neighborhood
character and will provide architectural design that will follow
the existing pattern of development. Goal 2.7 of the Urban
Design Element states projects must exhibit a functional,
comfortable scale in relation to the neighborhood; the
compatible setbacks of the structure with the existing
structures along the north side of Civic Center Drive will
accomplish this goal.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The variance will not adversely affect the General Plan as it
will be consistent with the goals and policies expressed in
that document. Additionally, office is a permitted use in the
Professional zoning district. Goal 3.5 of the Urban Design
Element Policy Plan is to encourage projects that are
consistent with the architectural character of the
31A-16
Resolution No. 2005-04
Page 2 of 4
neighborhood. The office building will be architecturally
compatible with the existing pattern of development. The
structure has been designed to provide architectural
consideration and articulation and the encroachment of the
structure into the front and side yard setback will not
negatively impact the existing pattern of development along
the north side of Civic Center Drive.
D. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review per section 15303 (c) as the office
building does not exceed 10,000 square feet, and section 15305 (a), which
exempts setback variances that do not create new parcels. Categorical
Exemption Environmental Review No. 04-137 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Variance No. 2005-01 as conditioned in Exhibit A
attached hereto and incorporated herein as though fully set forth. This decision is
based upon the evidence submitted at the abovesaid hearing, which includes but not is
not limited to: the Staff reports and exhibits attached thereto; and the public testimony
all of which are incorporated herein by this reference.
ADOPTED this 14th day of February, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Nalle (1)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
31A-17
Resolution No. 2005-04
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-04 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on
Date:
Clerk of the Planning Commission
City of Santa Ana
31A-18
Resolution No. 2005-04
Page 4 of 4
Conditions for Approval for Variance No. 2005-01
Variance No. 2005-01 is approved subject to compliance, to the reasonable satisfaction
of the Planning Commission, with all applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Plannina Division
1. The project shall remain in compliance with Site Plan Review DP No.
2004-42.
2. Prior to issuance of permits, Lot Line Adjustment No. 2004-03 must be
approved and a new grant deed recorded.
3. Elevation accents and surrounds including, but not limited to decorative
stone and pavement, light fixtures and signs shall be subject to review and
approval by Planning Manager.
4. A revised landscaping plan, which includes decorative paving at
southwest corner, shall be subject to review and approval by Planning
Manager.
5. Bumper guards shall be provided for gO-degree parking stalls to prevent
parked vehicles from intruding into any landscaped area.
Exhibit "An
31A-19
31A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
RESOLUTION OF INTENT TO ENTER
INTO A NONEXCLUSIVE CABLE
TELEVISION FRANCHISE RENEWAL
AGREEMENT WITH ADELPHIA
CABLEVISION OF SANTA ANA
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
I
& /
I / .' /
I "///'. /
1~<J/ (j k2,~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution declaring the City Council's intent to enter into a
-cable television franchise renewal agreement with Adelphia Cablevision of
Santa Ana.
DISCUSSION
At its April 4, 2005 meeting, the City Council will consider a cable
television franchise renewal agreement with Adelphia Cablevision of Santa
Ana, a limited liability company doing business as Adelphia Cable
Communications. The proposed franchise agreement will extend Adelphia Cable
Communications' franchise to construct, operate, and maintain a cable
television system wi thin the City of Santa Ana. Section 1303 of Article
XIII of the Santa Ana City Charter requires that the City Council adopt and
publish a resolution declaring its intent before granting a franchise
agreement.
A public hearing will be conducted on April 4, 2005 for members of the
community having any interest in or objecting to the proposed franchise
agreement. The Clerk of the Council will publish the resolution at least
two weeks prior to the public hearing.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J Ii /ill
'~M'VLA':VA
Gerardo Mouet
Executive Directo
Parks, Recreation
Community Service
55A-1
JWF 02-22-05
RESOLUTION NO. 2005-027
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DECLARING ITS INTENTION
TO ENTER INTO A CABLE TELEVISION
FRANCHISE RENEWAL AGREEMENT WITH
ADELPHIA CABLEVISION OF SANTA ANA, LLC,
FOR THE OPERATION OF A CABLE TELEVISION
SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF SANTA ANA AS
FOLLOWS:
Section 1. This Resolution of Intention is adopted in accordance with
Section 1303 of Article XIII ("Franchises") of the Santa Ana City Charter.
Section 2. It is the intention of the City Council to enter into a cable
television franchise renewal agreement with Adelphia Cablevision of Santa Ana,
LLC, a Delaware limited liability company doing business as Adelphia Cable
Communications. The proposed nonexclusive franchise agreement will extend
Adelphia Cable Communications' franchise, authority, right, and privilege to
construct, reconstruct, operate, and maintain a cable television system within the
specified franchise service area, which consists of the territorial limits of the City
of Santa Ana. The proposed franchise agreement addresses, among other
matters, the following: payment of a five percent franchise fee on gross
revenues; requirements relating to the construction, upgrade, or rebuild of the
cable television system; special services to be provided to the City; assurances
to secure the performance of the cable operator's obligations; requirements
relating to liability insurance and indemnification; requirements relating to
consumer protection and customer service standards; requirements relating to
the provision of public, educational, and governmental access channels;
requirements related to the continued maintenance of an Institutional Network;
conditions related to use of the public rights-of-way; requirements relating to
recordkeeping, accounting procedures, reporting, periodic audits, and
performance reviews; acts or omissions constituting material defaults and
applicable penalties for those defaults; requirements relating to the sale,
assignment, or other transfer or change in control of the franchise; and the cable
operator's obligation to maintain continuity of service.
Section 3. The City Council hereby sets the date of Monday, April 4,
2005, at 6:00 p.m., at the City Council Chambers located at 22 Civic Center
Plaza, Santa Ana, California 92702, as the time and place where any person
Resolution No. 2005-
Page 1 of 3
55A-2
having any interest in or objecting to the granting of this franchise may appear
before the City Council and be heard.
Section 4. The City Clerk is authorized and directed to publish this
resolution at least once within 15 days after the adoption of this Resolution in a
newspaper of general circulation in the City.
Section 5. The City Clerk is further authorized and directed to cause a
copy of this Resolution to be mailed or delivered to any cable television operator
franchised by the City not less than 15 days prior to the time fixed for the public
hearing, as specified in Section 3 above, and to maintain on file for public
inspection a copy of the current draft of the proposed new cable television
franchise renewal agreement, the terms and conditions of which are summarized
above in Section 2.
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
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Resolution No. 2005-
Page 2 of 2
55A-3
AYES: Councilmembers
NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-027 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. 2005-
Page 3 of 3
55A-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
/-,~
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/ !,/;'
L/ -dL-.;....:./--r -0 ~-al---
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
RESOLUTION ESTABLISHING THE
MABURY PARK PERMIT PARKING
DISTRICT
CONTINUED TO
FILE NUMBER
I
).RECOMMENDED ACTION
. ,. Adopt a resolution establishing
Mabury Park Neighborhood.
a permit parking district for the
DISCUSSION
Residents in the Mabury Park neighborhood requested the City
establish a permit parking district to alleviate overflow parking
problems. The proposed Mabury Park Permit Parking District consists
of the area generally bounded on the north by Seventeenth Street;
on the east by Mabury Street and Cabrillo Park Drive; on the south
by parkcourt Place and Santa Ana Freeway; and on the west by Grand
Avenue. The district does not include any street on its outer
boundary except Mabury Street, Fruit Street and Parkcourt place
(Exhibit 1). Sections of streets that abut non-residential uses and
non-qualifying multi-family homes will not be part of the permit
parking district.
Under the proposed parking permit program, parking will be
restricted to eligible residents on those sections of streets
adjacent to homes with no more than four dwelling units. A maximum
of three resident parking permits will be issued for single-family
homes, and no more than one resident parking permit per unit will
be issued for multi-family dwellings with no more than four
dwelling units. Only single-family dwellings will be issued a
maximum of seventy-five one-time-use guest permits per year.
Multi-family dwellings are
permit parking program will
not eligible for guest permits. The
not apply to non-residential uses.
558-1
Resolution Establishing the Mabury
Park Permit Parking District
March 7, 2005
Page 2
Vehicles without permits will be subject to a "No Stopping Any Time
Except With Valid Permit" restriction.
The program will be implemented on a block-by-block basis, when
approved by 66 percent or more of the property owners on a given
block. After the resolution is adopted, a 24-hour permit parking
restriction will be installed on the block of Grace Place, between
Linwood Avenue and the Santa Ana Freeway, which has qualified for
permit parking.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review. Categorical
Exemption ER No. 2005-17 will be filed for this report.
FISCAL IMPACT
The cost of this permit parking program is estimated to be $1100
for signs and permits. Funds are available under the encumbered
funds for the Orange County Striping Contract in the Maintenance
Division's account for Operating Materials and Supplies(account no.
11-623-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
T ( . Q~l~
~' James G. Ross
Executive Director
Public Works Agency
'~%~~~I'.> ~ .&~ ~~ >
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services AgencY~A
558-2
2/8/05 LES
RESOLUTION NO. 2005-028
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ESTABLISHING THE
MABURY PARK PERMIT PARKING DISTRICT
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) Section 22507 of the Vehicle Code of the State of California
authorizes a city to prohibit stopping, parking or standing of vehicles on certain
streets and to establish a permit system exempting certain vehicles from the
prohibition.
b) Pursuant to Article XI (commencing with Section 36-480) of Chapter
36 of the Santa Ana Municipal Code, (hereinafter "Article XI") the City Council of the
City of Santa Ana is authorized to adopt a resolution establishing Permit Parking
Districts wherein parking restrictions apply to all vehicles except vehicles which
have been issued parking permits pursuant to said Article,
c) Due to conflicting land use, the Mabury Park residential neighborhood
is in need of a Permit Parking District in order to protect neighborhood integrity
against excessive intrusion of multi-family, non-residential and commuter vehicle
parking.
SECTION 2. The Mabury Park Permit Parking District is hereby established, to
consist of that area of the City of Santa Ana generally bounded on the north by
Seventeenth Street, and on the east by Mabury Street and Cabrillo Park Drive, on the
south by Parkcourt Place and Santa Ana Freeway, and on the west by Grand Avenue and
does not include any street on its outer boundary except Mabury Street, Fruit Street and
Parkcourt Place as more particularly depicted in "Exhibit 1," attached hereto and
incorporated herein by reference.
SECTION 3. The parking restrictions imposed pursuant to Article XI and this
Resolution shall apply to any block within the Mabury Park Permit Parking District only
after a petition signed by the owners of sixty-six percent (66%) or more of the residential
lots abutting such block have filed a petition with the Executive Director of the Public
Works Agency expressing their desire for such parking restrictions, and after signs
indicating the parking restrictions on such block have been erected in accordance with
Article XI.
558-3
2/8/05 LES
SECTION 4. No person shall park any vehicle at any time on any portion of any
street within the Mabury Park Permit Parking District as to which signs have been erected
indicating the application of permit parking restrictions, except persons and vehicles
exempted from such parking restrictions pursuant to Article XI and this resolution.
SECTION 5. As indicated by posted signs, permit parking restrictions in the
Mabury Park Parking District do not include sections of streets that abut the front of non-
residential and multi-family uses with more than four dwelling units.
SECTION 6. Persons entitled to a permit to park in locations subject to permit
parking restrictions pursuant to this resolution include and are limited to the following:
a) Any person who is licensed to drive a motor vehicle and who resides
in a single-family dwelling located in the Mabury Park Permit Parking
District, provided that not more than three permits may be issued at
anyone time to the residents of anyone such dwelling unit.
b) Any person who is licensed to drive a motor vehicle and who resides
in a multi-family dwelling located on any lot in the Mabury Park Permit
Parking District which does not have more than four dwelling units
located on it, provided that not more than one permit may be issued at
anyone time to the resident of anyone such dwelling unit; and
provided further, that the Executive Director of the Public Works
Agency may waive the foregoing limitation on the number of dwelling
units on a lot if he determines that its application in a particular case
would cause extreme hardship on the residents of such dwelling units
due to a severe inadequacy of on-site parking.
SECTION 7. The Executive Director of the Public Works Agency is authorized
to establish rules for the issuance of guest parking permits to residents of the Mabury Park
Permit Parking District and to issue or deny such permits in accordance therewith. Such
rules shall be designed to limit guest parking privileges as appropriate to provide sufficient
parking for resident parking permit holders. Such rules may be revised from time to time,
as circumstances require.
558-4
ADOPTED this
day of
AYES: Council members
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2/8/05 LES
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2005-028 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
558-5
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Mabury Park Permit Parking District Boundary
~
~
Council Agenda Date:
March 7th, 2005
Mabury Park Permit Parking District Map
Exhibit 1
558-6
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MARCH 7, 2005
TITLE:
PUBLIC HEARING - COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
FISCAL YEAR 2005-2006
APPROVED
D As Recommended
D As Amended
D Ordinance on 15t Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
_.~'
/ "
(/ /~'7;2
! '".- ,.', f
{/r!k~'> ' iJ ".r:' . ~__
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve the proposed fiscal year 2005-2006 Cormnuni ty Development
Block Grant Program.
2. Authorize the City Manager to submit the approved program to the
Uni ted States Department of Housing and Urban Development for the
City's fiscal year 2005-2006 allocation of Cormnunity Development
Block Grant funds, and execute the grant agreement with the United
States Department of Housing and Urban Development.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with nonprofit
agencies and/or subrecipients awarded funds as part of the approved
program.
HUMAN RELATIONS COMMISSION RECOMMENDATION
Direct staff to transmit the Human Relations Cormnission's funding
recormnendations for fiscal year 2005-2006 Cormnunity Development Block
Grant Social Services Programs to the City Council.
By a vote of 9:0 at its Regular Meeting of February 14, 2005.
DISCUSSION
Since fiscal year 1974-1975, Santa
Development Block Grant (CDBG) funds
neighborhoods, eliminate blight and
These funds have been used for a
Ana has received annual Cormnuni ty
to improve low- and moderate- income
create a more stable economic base.
diverse range of programs including
75A-1
Public Hearing - CDBG Program FY 05-06
March 7, 2005
Page 2
housing, street improvements, parks and public works improvements, social
services, historic preservation and community services. The City's
entitlement for fiscal year 2005-2006 will be $7,910,023. No more than 15
percent of this entitlement may be used for social service programs.
The proposed CDBG program and budget for fiscal year 2005-2006 reflect the
culmination of a process that solicited proposals from outside
organizations and City agencies for the use of the annual entitlement.
Invitations to apply for funds were distributed to 160 organizations in
September 2004. Staff then met with the Human Relations Commission (HRC)
in its capacity as the CDBG Citizen Advisory Board to review the
applications and conduct three public hearings held on January 18, 20, and
25, 2005 in the City Council Chambers.
Following the public hearings, staff met again with the HRC to draft a
recommended social service program and budget for City Council
consideration. The proposed fiscal year 2005-2006 CDBG program and budget
(Exhibit 1) consists of the Commission's recommendations for social
service funding and staff's funding recommendations for the remainder of
the program, including capital proj ects, code enforcement and program
administration. Exhibi t 2 consists of the HRC ranking and funding
recommendations for the social service programs. The City Council public
hearing will provide another opportunity for public input and the
completion of the process necessary to submit our locally approved program
to HUD.
FISCAL IMPACT
Approval of the recommended action will authorize the City Manager to
submit the approved program to HUD and to execute a grant agreement, which
will result in the City's CDBG letter of credit being augmented by
$7,910,023. These funds will be available for the approved program
effective July 1, 2005.
APPROVED AS TO FUNDS AND ACCOUNTS:
patricia C. Whitaker
Executive Director
Community Development Agency
{\\{\,\~~~"~_U \\~.-:
-
Francisco Gutierrez
Executive Director
Finance & Management Services Agenc.::/t;/
PCT/NTE/mlr
H:\ACTIONS\2005 CC\PH - CDBGProgFY2005-2006 3-7-05.doc
75A-2
CITY OF SANTA ANA
2005-2006 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS
BY TAB ORDER
TAB
APPLICANT NAME
SERVICE
PROVIDED
SERVICE
CATEGORY
05-06 AMT.
REQ.
HRC
RECOMM'D
GRANT
I Academia Comm. Learning Center Education Youth $20,000 0
2 Achievement Institute Education Youth $8,600 0
3 AIDS Services Foundation Medical Adult & Familv $10,000 0
4 Assistance League of Santa Ana Clothinq Youth $25,000 17,000
5 Blind Children's Learning Center counselina Youth $25,000 18,000
6 Bowers Museum Education Youth $10,000 0
7 Boys & Girls Club of Santa Ana Recreation Youth $45,000 29,000
California Elwyn Emplymn!. Adult & Familv $17,700 0
8 Ass!.
9 Cambodian Family Education Youth $45,000 18,000
10 Camp Fire USA volunteer Youth $15,000 6,000
CAR.E. Counseling Domestic 0
II Violence Adult & Family $15,000
12 Career Beginnings of O.C. Education Youth $20,000 14,000
13 Casa de Salud Family Health Clinic Nutrition Adult & Family $75,000 15,000
14 Centro Cultural de Mexico Education Youth $22,500 0
15 Colette's Children's Home Shelter Housina/Shelter $23,800 0
16 Community Service Programs(CSP) Shelter Youth $25,000 0
17 Council on Aging - Linkages Medical Senior Citizens $15,000 6,000
Dayle Mcintosh Center Emplymn!. $15,707 14,000
18 Ass!. Adult & Familv
19 Delhi Center Recreation Senior Citizens $20,423 0
20 Betty Shabazz Delta Academy Education Youth $6,500 0
21 Families Together of Orange County Education Adult & Family $20,000 9,000
22 Feedback Foundation Nutrition Senior Citizens $60,000 31,000
23 Hope Community Services, Inc. counselina Youth $48,990 7,000
24 Hotline of Southern California counselinq Adult & Family $5,000 5,000
Human Options Domestic 18,000
25 Violence Youth $20,000
26 Paul McNeff Kidsingers Recreation Youth $20,000 9,000
27 Latino Psychological & Soc. Srvcs. counselinq Youth $72,950 0
28 Latino Youth Leadership Institute counselina Youth $48,400 10,000
29 Legal Aid Society of Orange County Leaal Adult & Familv $7,500 6,000
30 Lighthouse Learning Center Education Adult & Family $20,000 16,000
31 Mariposa Women's Center counselin!=l Adult & Familv $10,000 7,000
32 MOMS prenatal Adult & Familv $71,947 0
33 Mercy House Transitional Living Ctr - Joseph & Regina Shelter Housina/Shelter $60,000 16,000
34 Mexican American Opportunity Fndtn. Recreation Youth $20,714 10,000
35 National Council on Alcoholism & Drug (Drug Court) counseling Adult & Family $22,158 15,000
36 National Heritage Recreation Youth $25,000 0
37 Orange Coast Interfaith Shelter Shelter Housinq/Shelter $25,000 0
7 51ii~3
CITY OF SANTA ANA
2005-2006 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS
BY TAB ORDER
TAB
APPLICANT NAME
SERVICE
PROVIDED
SERVICE
CATEGORY
05-06 AMT.
REQ.
HRC
RECOMM'D
GRANT
38 Orange County Bar Foundation-Shortstop counselinq Adult & Family $20,000 13,000
39 Orange County Bar Foundation-Addiction counselinq Adult & Family $10,000 11,000
40 Orange County Children's Therapeutic Arts Center Recreation Youth $25,000 12,000
41 Orange County Council, BSA (Leaming for Life) counselinq Youth $50,000 0
42 Orange County Crazies Recreation Youth $25,000 6,000
43 Orange County on Track counselina Youth $20,000 0
44 Orange County Teen Challenge Education Youth $9,500 9,000
45 Orange County Youth & Family Services counselina Youth $60,338 0
46 Orange County Youth Commission Recreation Youth $14,500 7,000
47 Phoenix House Orange County. Inc. Recreation Youth $13,803 9,000
48 PRCSA - McFadden Learning & Tech. Ctr. Education Youth $141,102 90,000
49 PRCSA - Project Pride Education Youth $215,434 198,000
50 Relampago del Cielo Recreation Youth $8,000 0
51 Saint Joseph Ballet Recreation Youth $50,000 41,000
52 Santa Ana Education Foundation Education Youth $25,000 0
53 Santa Ana Friends for the Animals Soav/Neuter Animal $9,500 0
Santa Ana Police Dept - Helicopter Program Crime 154,000
54 Prevention Adult & Familv $406,245
55 Share Our Selves Medical Adult & Familv $35,000 10,000
56 S. CA College of Optometry Medical Adult & Familv $53,100 15,000
57 Southwest Minority Economic Development Association Homelessness Adult & Familv $12.000 10,000
Taller San Jose Emplymnt. $55,150 34,000
58 Asst. Adult & Family
59 Think Together Education Youth $10,000 5,000
60 Thomas House Temporary Shelter Shelter Housina/Shelter $30,000 15,000
61 TKO Boxing Club Recreation Youth $15,000 13,000
62 Vietnamese Community of Orange County counselinq Youth $67,091 15,000
63 Volunteer Center of Orange County volunteer Senior Citizens $10,000 0
64 Williamson Institute Shelter Housinq/Shelter $35,000 14,000
65 WISE Place Shelter Housina/Shelter $13,500 12,000
Women Helping Women Emplymnt. Adult & Family $10,000 5,000
66 Asst.
67 Women's Transitional Living Center (WTLC) Shelter Housina/Shelter $40,189 6,000
68 YMCA Orange County counselinq Adult & Familv $10,000 0
$2,517,341
$1,000,000
7 5A~4
PROPOSED 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT
NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS
2004-05 2005-06 2005-06
STAFF
TAB APPROPRIATION REQUEST RECOMMENDATION
Administration & Planning
69 Administration $ 835,000 $ 785,000 $ 785,000
70 Fair Housing Council of Orange County 68,990 69,984 69,985
71 General Planning 100,000 235,000 235,000
Total Administration & Planning $ 1,003,990 $ 1,089,984 $ 1,089,985
Obligations
72 Section 108 Loan Repayment --
Police Holding Facility 1,902,680 1,892,815 1,892,815
Total Obligations $ 1,902,680 $ 1,892,815 $ 1,892,815
Capital Improvements
73 Fire Equipment $ 1,368,200 $ 777,000 $ 777,000
Parks and Recreation --
74 Delhi Park Improvements 300,000 435,000 435,000
Public Works --
75 Delhi Neighborhood Street Improvements 400,000 535,000 535,000
Total Capital Improvements $ 2,068,200 $ 1,747,000 $ 1,747,000
Code Enforcement
76 Code Enforcement $ 1,995,260 $ 1,795,260 $ 1 ,795,260
Total Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260
Historic Preservation
77 Episcopal Church of the Messiah $ $ 35,000 $ 35,000
Total Historic Preservation $ $ 35,000 $ 35,000
Housing Rehabilitation
78 Rebuilding Together O.C. $ 15,000 $ 26,000 $ 26,000
79 Multi-Family Rehab Loans 123,4 70 323,963 323,963
Total Housing Rehabilitation $ 138,470 $ 349,963 $ 349,963
Total Nonsocial Services Request $ 6,910,022
TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ 6,910,023
Social Service Requests $ 1,000,000
TOTAL 05/06 CDBG GRANT $ 7,910,023
7 51t~5
CITY OF SANTA ANA
2005-2006 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS
BY RATING ORDER
TAB
APPLICANT NAME
SERVICE
PROVIDED
SERVICE
CATEGORY
HRC
AVE.
RATE
05-06 AMT.
REQ.
HRC
RECOMM'D
GRANT
40 Orange County Children's Therapeutic Arts Recreation Youth 8.6 $25,000 12,000
r.'>ntp.r
24 Hotline of Southern California counselinq Adult & Farnily 8.6 $5,000 5,000
38 Orange County Bar Foundation-Shortstop counselinq Adult & Familv 8.4 $20,000 13,000
39 Orange County Bar Foundation-Addiction counselinq Adult & Family 8.4 $10,000 11,000
60 Thomas House Temporary Shelter Shelter Housinq/Shelter 8.4 $30,000 15,000
30 Lighthouse Learning Center Education Adult & Familv 8.4 $20,000 16,000
48 PRCSA - McFadden Learning & Tech. Ctr. Education Youth 8.3 $141,102 90,000
58 Taller San Jose Emplymn!. Adult & Familv 8.3 $55,150 34,000
Ass!.
9 Cambodian Family Education Youth 8.1 $45,000 18,000
I Academia Comm. Learning Center Education Youth 8.0 $20,000 0
7 Boys & Girls Club of Santa Ana Recreation Youth 8.0 $45,000 29,000
29 Legal Aid Society of Orange County Leqal Adult & Family 8.0 $7,500 6,000
44 Orange County Teen Challenge Education Youth 8.0 $9,500 9,000
49 PRCSA - Project Pride Education Youth 8.0 $215,434 198,000
51 Saint Joseph Ballet Recreation Youth 8.0 $50,000 41,000
61 TKO Boxing Club Recreation Youth 8.0 $15,000 13,000
65 WISE Place Shelter Housinq/Shelter 8.0 $13,500 12,000
18 Dayle Mcintosh Center Emplymn!. Adult & Family 7.9 $15,707 14,000
Ass!.
31 Mariposa Women's Center counselinq Adult & Familv 7.9 $10,000 7,000
47 Phoenix House Orange County, Inc. Recreation Youth 7.9 $13,803 9,000
4 Assistance League of Santa Ana Clothinq Youth 7.9 $25,000 17,000
13 Casa de Salud Family Health Clinic Nutrition Adult & Family 7.8 $75,000 15,000
Human Options Domestic $20,000 18,000
25 Violence Youth 7.7
34 Mexican American Opportunity Fndtn. Recreation Youth 7.7 $20,714 10,000
62 Vietnamese Community of Orange County counselinq Youth 7.6 $67,091 15,000
12 Career Beginnings of O.C. Education Youth 7.6 $20,000 14,000
20 Betty Shabazz Delta Academy Education Youth 7.6 $6,500 0
28 Latino Youth Leadership Institute counselinq Youth 7.6 $48,400 10,000
22 Feedback Foundation Nutrition Senior Citizens 7.5 $60,000 31,000
55 Share Our Selves Medical Adult & Family 7.5 $35,000 10,000
56 S. CA College of Optometry Medical Adult & Familv 7.4 $53,100 15,000
21 Families Together of Orange County Education Adult & Familv 7.4 $20,000 9,000
57 Southwest Minority Economic Development Homelessness Adult & Family 7.3 $12,000 10,000
Association
2 Achievement Institute Education Youth 7.1 $8,600 0
42 Orange County Crazies Recreation Youth 7.1 $25,000 6,000
35 National Council on Alcoholism & Drug (Drug counselinq Adult & F amilv 7.1 $22,158 15,000
Court)
17 Council on Aging - Linkages Medical Senior Citizens 7.0 $15,000 6,000
75A~6
CITY OF SANTA ANA
2005-2006 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS
BY RATING ORDER
TAB
APPLICANT NAME
SERVICE
PROVIDED
SERVICE
CATEGORY
IIRC
AVE.
RATE
05-06 AMT.
REQ.
IIRC
RECOMM'D
GRANT
26 Paul McNeff Kidsingers Recreation Youth 7.0 $20,000 9,000
46 Orange County Youth Commission Recreation Youth 7.0 $14,500 7,000
64 Williamson Institute Shelter Housina/Shelter 7.0 $35,000 14,000
5 Blind Children's Learning Center counselinq Youth 6.9 $25,000 18,000
50 Relampago del Cielo Recreation Youth 6.9 $8,000 0
23 Hope Community Services, Inc. counselinq Youth 6.9 $48,990 7,000
59 Think Together Education Youth 6.8 $10,000 5,000
67 Women's Transitional Living Center (WTLC) Shelter Housina/Shelter 6.8 $40,189 6,000
66 Women Helping Women Emplymn!. Adult & Familv 6.6 $10,000 5,000
Ass!.
10 Camp Fire USA volunteer Youth 6.6 $15,000 6,000
33 Mercy House Transitional Living Ctr - Joseph & Shelter Housina/Shelter 6.6 $60,000 16,000
Renina
53 Santa Ana Friends for the Animals Soav/Neuter Animal 6.5 $9,500 0
6 Bowers Museum Education Youth 6.4 $10,000 0
16 Community Service Programs(CSP) Shelter Youth 6.4 $25,000 0
36 National Heritage Recreation Youth 6.4 $25,000 0
45 Orange County Youth & Family Services counselina Youth 6.4 $60,338 0
Santa Ana Police Dept - Helicopter Program Crime $406,245 154,000
54 Prevention Adult & Familv 6.4
32 MOMS prenatal Adult & Familv 6.1 $71,947 0
CAR.E. Counseling Domestic Adult & Familv $15,000 0
II Violence 6.0
52 Santa Ana Education Foundation Education Youth 6.0 $25,000 0
68 YMCA Orange County counselina Adult & Familv 6.0 $10,000 0
41 Orange County Council, BSA (Learning for Life) counselina Youth 5.9 $50,000 0
27 Latino Psychological & Soc. Srvcs. counselina Youth 5.8 $72,950 0
15 Colette's Children's Home Shelter Housina/Shelter 5.3 $23,800 0
43 Orange County on Track counselina Youth 5.1 $20,000 0
19 Delhi Center Recreation Senior Citizens 2.1 $20,423 0
63 Volunteer Center of Orange County volunteer Senior Citizens 1.5 $10,000 0
3 AIDS Services Foundation Medical Adult & Familv 0.9 $10,000 0
37 Orange Coast Interfaith Shelter Shelter Housinq/Shelter 0.9 $25,000 0
8 California Elwyn Emplymn!. Adult & Familv 0.0 $17,700 0
Ass!.
14 Centro Cultural de Mexico Education Youth 0.0 $22,500 0
$2,517,341
$1,000,000
7 5JS..~7
75A-8